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Women's Land Rights and Agrarian Change: Evidence from Indigenous WOMEN’S LAND RIGHTS AND AGRARIAN CHANGE: EVIDENCE FROM INDIGENOUS COMMUNITIES IN CAMBODIA Required citation: FAO, 2019. Women’s land rights and agrarian change: evidence from indigenous communities in Cambodia. Phnom Penh, FAO. 56 pp. Licence: CC BY-NC-SA 3.0 IGO. The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned. The views expressed in this information product are those of the author(s) and do not necessarily reflect the views or policies of FAO. ISBN 978-92-5-131364-0 © FAO, 2019 Some rights reserved. This work is made available under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 IGO licence (CC BY-NC-SA 3.0 IGO; https://creativecommons.org/licenses/by-nc-sa/3.0/igo/legalcode/legalcode). Under the terms of this licence, this work may be copied, redistributed and adapted for non-commercial purposes, provided that the work is appropriately cited. In any use of this work, there should be no suggestion that FAO endorses any specific organization, products or services. The use of the FAO logo is not permitted. If the work is adapted, then it must be licensed under the same or equivalent Creative Commons licence. If a translation of this work is created, it must include the following disclaimer along with the required citation: “This translation was not created by the Food and Agriculture Organization of the United Nations (FAO). FAO is not responsible for the content or accuracy of this translation. The original [Language] edition shall be the authoritative edition.” Disputes arising under the licence that cannot be settled amicably will be resolved by mediation and arbitration as described in Article 8 of the licence except as otherwise provided herein. The applicable mediation rules will be the mediation rules of the World Intellectual Property Organization http://www.wipo. int/amc/en/mediation/rules and any arbitration will be conducted in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). Third-party materials. Users wishing to reuse material from this work that is attributed to a third party, such as tables, figures or images, are responsible for determining whether permission is needed for that reuse and for obtaining permission from the copyright holder. The risk of claims resulting from infringement of any third-party-owned component in the work rests solely with the user. Sales, rights and licensing. FAO information products are available on the FAO website (www.fao.org/ publications) and can be purchased through [email protected]. Requests for commercial use should be submitted via: www.fao.org/contact-us/licence-request. Queries regarding rights and licensing should be submitted to: [email protected]. Cover photograph credit: © M. Maffii WOMEN’S LAND RIGHTS AND AGRARIAN CHANGE: EVIDENCE FROM INDIGENOUS COMMUNITIES IN CAMBODIA Food and Agriculture Organization of the United Nations Bangkok, 2019 © Shutterstock Alarax CONTENTS ACKNOWLEDGEMENTS v ACRONYMS AND ABBREVIATIONS v EXECUTIVE SUMMARY vii INTRODUCTION 1 Research objectives and methodology 1 Research questions 2 Selection of research sites 2 Research methods 3 STRUCTURE OF THE STUDY 7 PART 1: LITERATURE REVIEW AND OVERVIEW OF INDIGENOUS GROUPS IN RATANAKIRI 9 Gender, land and customary rights: a literature review 9 Indigenous groups in Cambodia 11 Kinship and inheritance 13 Indigenous land tenure and agrarian systems 15 PART 2: FIELDWORK IN SEVEN COMMUNITIES IN RATANAKIRI PROVINCE 19 Research sites and key land issues 19 Common trends in land use 26 Community land allocation: a system in transition 29 Women, men and land inheritance 30 Evidence from Kreung villages: persistence of bilateral rules 31 Evidence from Tampouan communities: a matrilineal system in transition 31 Evidence from Jarai communities: a polarized context 33 Land deals in cases of divorce and widowhood 34 Women, men and intra-household decision-making 36 Women’s agency 37 CONCLUSIONS 38 RECOMMENDATIONS 40 REFERENCES 42 © Shutterstock Rawpixel WOMEN’S LAND RIGHTS AND AGRARIAN CHANGE: iv EVIDENCE FROM INDIGENOUS COMMUNITIES IN CAMBODIA ACKNOWLEDGEMENTS The study was conducted by Margherita Maffii, independent Gender Specialist, under the technical supervision of Clara Mi Young Park, Gender Officer and Marianna Bicchieri, Land Tenure Officer in the Food and Agriculture Organization of the United Nations (FAO) Regional Office for Asia and the Pacific. The draft benefitted from technical inputs and comments by Clara Mi Young Park, Marianna Bicchieri and Bettina Gatt in FAO. Editorial support was provided by Christina Schiavoni. FAO is grateful to all the people and institutions who supported the development of this study, in particular, the experts, researchers and community activists that have contributed with their meaningful suggestions and comments to the study, including Jeremy Ironside, Gordon Paderson, Nun Sokunthea, Phon Sotheara, Khiev Sotha, Fong Chompey and Sotha Junior. FAO also wishes to thank members and representatives of the indigenous people’s organizations Highlanders Association and Cambodia Indigenous People Organization for their availability and their valuable insight; and the communities of Kalai 2, Sway, L’eun Chon, Lapo and Lon, Kachok and Tangmlu for their welcoming, hospitality and willingness to share and discuss issues concerning their resources, customs and family life. The author is also particularly grateful to all the facilitators that contributed to the study with their translation and valuable support, including Papo Polloni, David Ford and Ruud Corsel. ACRONYMS AND ABBREVIATIONS CEDAW Convention for the Elimination of Discrimination Against Women CLT communal land title Directive 01BB Royal Cambodia Government – Measures Reinforcing and Increasing the Efficiency of the Management of Economic Land Concessions – Policy expediting the issuing of land titles in economic land concession areas ELC Economic Land Concession NGO non-governmental organization WOMEN’S LAND RIGHTS AND AGRARIAN CHANGE: EVIDENCE FROM INDIGENOUS COMMUNITIES IN CAMBODIA v © Shutterstock Gail Palethorpe WOMEN’S LAND RIGHTS AND AGRARIAN CHANGE: vi EVIDENCE FROM INDIGENOUS COMMUNITIES IN CAMBODIA EXECUTIVE SUMMARY This research analyses the ways in which current Indigenous groups inhabiting Ratanakiri province are changes in land tenure, agrarian and socio-economic part of the multiethnic fabric of Cambodian society, systems are reshaping resource allocations and which includes groups that identify themselves as transfers within households in indigenous communities indigenous, as well as other minorities. Their farming in Ratanakiri Province, Cambodia. While other system, centred on shifting cultivation, was more gendered aspects of the transformations occurring in than a simple agricultural practice. It constituted the indigenous societies have received more attention in cultural, spatial and ritual environment of indigenous recent years, the changes occurring in the customary communities. Their traditional land tenure system laws that determine land access, ownership and was ordered and articulated through different levels, inheritance alongside gender, as well as generational connecting the invisible world of the spirits governing lines, have not been explored. the territory, the ancestors who first cleared the land, and living people with their need to access productive Customary laws derive their legitimacy from social resources for themselves and their descendants. systems that are context specific and change with Based on land usufruct and not ownership, the time. This determines their ambiguous character as system guaranteed everybody in the community instruments for resistance and self-determination as access to land, either ancestral plots or new ones, as well as generators of unequal social relations in rural long as compliance with customary rules, rituals and communities. The experiences from other continents taboos was maintained. The indigenous groups at and countries have shown the contradictory and the centre of this study, Kreung, Tampouan and Jarai, often conflicting linkage between customary systems are characterized by bilateral or matrilineal kinships and women’s rights to land. In some areas of the structures. Inheritance and intergenerational transfer world, customary land rights, grounded within kinship of assets situate women at the core of households’ systems, have evolved. These are shaped by their ownership and the circulation of goods. Land, historical socio-economic and political context in ways traditionally not conceived as an individual property that limit women’s access to land, which is mediated or but as a common good, was not encompassed among sometimes impaired by male kinship. This also occurs the assets transferable from one generation to the in areas of the world where indigenous people’s other following the kinship inheritance rules. Now that collective land tenure systems are recognized, but land
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