A/62/286
47. Of special concern is the systematic practice of forcibly displacing and
relocating indigenous communities to make way for the construction of
infrastructure mega-projects, especially dams, or extractive activities. This practice
has led to the removal of millions of indigenous and tribal families from their
ancestral lands in countries such as India and China, at an incalculable human cost.
The forced removal of these communities sometimes reflects a deliberate State
policy of pursuing so-called economic “modernization” and eradication of
traditional forms of shifting cultivation, as, for example, in the Lao People’s
Democratic Republic and Viet Nam, or the eradication of illicit crops, as in
Thailand. The goal of modernization has also led to policies of sedentarizing
peoples that traditionally practise nomadic herding in large areas of the Mongolian
and Central Asian grasslands.
48. In the majority of cases, violations of indigenous peoples’ land and natural
resource rights are made possible by gaps in legislation in the Asian countries, most
of which recognize neither indigenous ownership based on ancestral possession and
use nor traditional cultivation or herding practices on an equal footing with other
forms of production. To fill these gaps, some countries have adopted specific
legislation on indigenous lands and resources, as in the recent case of India, which
in 2006 adopted a new law recognizing the Adivasis’ forest rights. Experience
shows, however, that even where specific laws exist on indigenous lands, as in the
case of the Philippines’ Indigenous Peoples’ Rights Act of 1997 or Cambodia’s Land
Act of 2001, their provisions are not fully enforced and indigenous peoples have
complained that they are insufficiently implemented.
49. Cambodia’s Land Act of 2001 is one of the few examples in Asia of legislation
that expressly recognizes the rights of indigenous peoples and communities to their
ancestral lands and natural resources, including recognition of their traditional
practice of shifting cultivation. Even though this advanced legislation is in place,
the indigenous communal land demarcation and titling process (regulated by the
2001 Act) is paralysed by the lack of implementing legislation or clear
administrative guidelines. As currently designed, the demarcation process, which
requires that indigenous communities be registered as public law entities, is a slow
and cumbersome procedure that leaves such communities unprotected pending the
issuance of the final communal property title.
50. When land ownership conflicts arise, in practice private interests with title to
property are given priority over indigenous communities’ claims. This, together with
the failure to enforce the penalties established by the Land Act for cases of abuse,
has helped to generate a climate of corruption and impunity whose end result has
been to seriously reduce land ownership by indigenous peoples, to the point where
many communities fear that there will be no land left to demarcate by the time
demarcation is actually implemented.
51. Other major problems affecting indigenous land ownership in Cambodia
include the granting of concessions for natural resource exploitation in areas that are
part of indigenous ancestral territories. These concessions, which are inconsistent
with the provisions of the Land Act and international indigenous rights standards,
cause serious social problems, including the dispossession and eviction of
indigenous communities.
52. Indigenous peoples in Asia have been especially hard hit by the armed
conflicts that have plagued more than a few countries in the region since
12
07-48664