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BrochureFree, Prior and Informed Consent - An indigenous peoples’ right and a good practice for local communities
E-learning fact sheet
2020Also available in:
No results found.This fact sheet describes the course that focuses on how to practically operationalize the indigenous peoples’ right to Free, Prior and Informed Consent (FPIC) throughout all stages of the project cycle. The course describes each of the recommended six steps of the process and the related actions to be undertaken. -
BrochureFree, prior and informed consent 2016
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No results found.Ill-regulated land acquisition and unilateral land concessions may often trigger forced relocations, conflicts and human rights abuses. This course introduces the concept of Free, Prior and Informed Consent that indigenous people and small family farmers can use to protect their customary or traditional land rights. The process ensures that communities can participate in decision-making processes and that their concerns, priorities and preferences are accommodated in any project affecting their lands, territories and resources. -
General interest bookWomen’s land rights and agrarian change: Evidence from indigenous communities in Cambodia 2019
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No results found.Current changes in land tenure in Cambodia are reshaping indigenous communities agrarian and socio-economic systems. Customary laws that have determined land usage and rights, are now undergoing profound transformations. The commodification of land, influenced by processes of dispossession and alienation, is reshaping communities’ norms and customs. Land, before freely available to users, is now substantially a private asset and as such transferred from one generation to the next one like other assets. Customary laws derive their legitimacy from social systems that are context specific and change with time. This determines their ambiguous character as instruments for resistance and self-determination as well as generators of unequal social relations in rural communities. The experiences from other continents and countries have shown the contradictory and often conflicting linkage between customary land rights and women’s rights to own land. This study analysis the customary inheritance system of indigenous groups in Northern Cambodia, prevalently centred around matrilineal or bilateral kinship, where women used to inherit and own the principal family assets. The research questions focus on indigenous women’s inheritance and property rights as they apply to land, in the context of increasing land commoditization and scarcity. The aim of the enquiry is to contribute to the understanding of the gender implications of these changes, by gaining insight about women’s position vis-à-vis land property, inheritance and transfer to new generations. The changes in land tenure that have occurred in Ratanakiri province during the last decades have resulted in a substantial alienation of land and resources formerly available to indigenous people. Consequently, the area farmed under shifting cultivation has significantly decreased and been replaced by permanent commercial crops, while the increasing monetization of communities’ economy has triggered new processes of social differentiation. Little support has been given to indigenous farmers in order to manage this transition and adapt their farming system while maintaining its sustainability. The legal instruments deriving from the Land Law, which in theory should have contributed to provide formal legal protecting to indigenous land and allow communities to continue using land according to their traditional tenure system were impaired by delays and the obstacles in the practical implementation of the law. External actors, institutional as well as non-governmental, have been actively promoting agricultural practices centred on rapid gains, unsustainable exploitation of land and forest, carpet introduction of monocultures without creating the conditions for the establishment of favourable value chains and market conditions. The changes that have taken place have important implications in terms of women’s role and status within communities: not only because of the farming system transition, but also as a consequence of the increasing influence of the mainstream culture, in which gender norms are more hierarchical and constrictive then the ones in use among the indigenous peoples targeted by this study. Following the evidence presented here, strengthening indigenous women land rights may result from a multipurpose approach that embraces different areas of interventions and actors, detailed in the recommendations provided.
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