JUSTICE Briefing note POOR for the October 2009 Volume 3 | Issue 2 Mapping Indigenous Communal Lands: 52555 A Review of the Literature from a Cambodian Perspective n By Daniel Adler, Jeremy Ironside and Mean Ratanak T he Cambodian Land Law (2001) provides in- digenous ethnic minority groups with a right to register their traditional residential and agricultural lands under communal title. To date, however, this right has remained unrealized. While the government has been working on a pilot registration process in three villages and drafting implementing regulations under the land law, Cambodia's once remote highlands have become increas- ingly exposed to the forces of state and market. The result: Indigenous communities are being transformed; liveli- hoods change; and land is subject to deforestation, sales and grants of government concessions for mining and agri- business. The Royal Government has included in its policy documents a commitment to the `interim protection' of indigenous lands prior to registration, however, to progress Land use map Ratanakiri on this front has been limited. The review of the literature contained in this note is adapted from a study examining the potential of community mapping to serve as an interim making) maps to assert contrary claims to land (Fox 2002; protective measure. Fox et al 2005; ILC 2008). Thus mapping may be viewed as potentially both `empowering and disadvantaging indig- Technologies of Power enous communities' (Fox et al 2005:1­2). From the international experience it is clear that mapping When the state or other powerful actors map or rede- will not automatically be empowering for communities fine areas in which indigenous groups live, the lives of or protective of their lands. There are inherent tensions indigenous people are transformed to a greater or lesser around maps and map making. On the one hand maps have extent. This tends to occur whether or not indigenous always been instruments of the powerful or `technolo- people actively engage in the process. Once `modern' gies of power' (Harley 1988). Produced by specialists and mapping discourse is introduced into a geographical area controlled by the state they have been used to define terri- `pre-modern' perceptions of space are rapidly challenged tory from the perspective of those who have political and and pre-existing claimants to land are under real pressure economic influence (Harley 1988). Mapping has therefore to demarcate their own territory or loose out to actors who often been accused of reinforcing and re-creating the status do (Fox 2002:76). Nevertheless, the adoption of modern quo of power relations (c.f. Dunn et al 1997, Cooke and 1 Kothari 2001), and being closely related to `practices of This Briefing Note is adapted from a longer working paper entitled colonialism' (Bauer et. al 2006 32­33). "Mapping and Tenure Security in Cambodia' s Indigenous Com- munities", which is currently being finalized for publication. The research on which this note relies was supported by The Heinrich On the other hand because they are such powerful tools Böll Foundation in association with the World Bank and the NGO there is a long history of disenfranchised groups using (and Forum on Cambodia. the wOrld bank In the best case mapping technologies by scenario "[b]ottom indigenous communities is not unproblematic (a) because up geo-referenced it disadvantages communities mapping can help rural that have limited access to communities' land these technologies and claims to be recognized (b) because when adopted by disadvantaged communities it by state institutions, can contribute to the trans- particularly where forming of `relationships the existing legal between human actors and framework is their spatial environments in Presentation of village map ways that correlate with the supportive of these loss of indigenous spatial maps were drawn on and used to document successful claims" (ILC 2006:3). practices' (Fox et al 2005:4). claims (Chapin et. al. 2005). Similarly in the context of South and Central America it has been found that `work In the best case scenario "[b]ottom up geo-refer- of mapping and documenting indigenous territories enced mapping can help rural communities' land claims (...) is helpful, even if government does not immediate- to be recognized by state institutions, particularly where ly respond positively, because the work tends to support the existing legal framework is supportive of these the emergence of indigenous polities unified toward a claims" (ILC 2006:3). A well accepted and accessible concrete end. (Stocks 2005:99). legal framework may render mapping a largely techni- cal process--that of surveying what is granted by law. As improved tenure security may realistically be a But where the enabling environment is less settled, as in long term goal it is sometimes argued that the immedi- the majority of cases involving indigenous communities ate value of mapping should be assessed in terms of its and their lands in Cambodia, it must be acknowledged effect on `community empowerment' (Corbett & Keller that mapping involves a contest. The more conten- 2005). Maps have been observed to build community tious the legal and political environment the less likely ownership and confidence in circumstances where they mapping is to lead to smooth across the board gains allow people to base claims on documents that reflect for communities. In the worst case scenario mapping their own perceptions of reality (Cronkleton et. al. may lead to the formalization of realities which reflect 2008:12). Where, however, and entrench the disempowered position of indigenous mapping is imposed and/or In the worst case scenario mapping minorities (ILC 2008:14), rather than assisting such controlled by outsiders the groups to assert domain (Peluso 1995). results are often detrimental to communities (Harley 1988). may lead to the Mapping as a Catalyst "[T]he promise of commu- formalization of nity empowerment through realities which Nevertheless there are instances, even in difficult cir- reflect and entrench mapping may be tempered cumstances, where mapping has been seen as a catalyst by concerns that the map- for effective collective action and provided some im- ping process--including the disempowered provement in tenure security. This has occurred "... via control and management of its position of indigenous informal agreements between communities, their NGO technology--can reinforce or minorities (ILC partners and [local level] officials" (Fuys et al 2006) reconfigure existing forms of or because communities have been able to use maps to power distribution and rela- legitimate a claim when conflict arises (Cronkelton et. tions" (ILC 2008:14). al. 2008). The literature also provides a basis for an initial Change is not necessarily a linear process and the analysis of the mapping experience in Cambodia's short-term benefits of mapping may not be immediately indigenous communities-- with two caveats: (a) the ex- clear. However, the literature suggests that mapping can isting literature is based largely on work in Ratanakiri, have long term benefits for tenure security. Thus for the province where participatory mapping has both the example early attempts at mapping indigenous lands in longest history and the broadest coverage; and (b) most Canada showed poor results for almost 20 years. How- of the published studies are based on fieldwork com- ever, as the political and legal environment changed old pleted in 2004 or before, making them somewhat out of date. This said it is worthwhile to recount some of the undermine tenure security and access to natural key findings from these studies. resources are complex, interrelated and supported by a system of powerful actors and incentives. The Key Findings widespread exercise of power by both private and public interests through coercion, intimidation and 1. Mapping is occurring in the context of chang- illegal practices means that having a map or a par- ing patterns of land use, rapid in-migration and ticular kind of map is unlikely to be determinative economic `development'. Deforestation has (at least not in favor of indigenous people). accelerated as new roads and improved security 4. The potential strength of mapping efforts has been have opened up previously remote areas (Fox et al. reduced on the one hand because the maps pro- 2008). At the same time government concessions duced in indigenous communities have never had a and land transactions of questionable legality have settled place within the legal framework and on the decreased the amount of land other because mapping has generally been done on available to indigenous com- a `one off' basis with limited community engage- Mapping appears to munities and fueled conflict. ment or follow up. The one-off nature of this work be at best a second Mapping was introduced as has meant that communities have not had the sup- order factor when a tool which might support port to understand maps or to be able to use them determining trends indigenous groups with the ability of disadvantaged effectively. In addition many NGO staff who are as- sisting communities themselves lack the technical in tenure security legitimate historical claims expertise and understanding necessary to facilitate and access to assert their rights to land and skills and information exchange. The clear message natural resources natural resources (Prom & from the international experience of this sort of for indigenous increasing outside pressures. Ironside 2005) in response to work is that mapping has the best outcomes for com- communities. The focus of mapping efforts, munities when it is done The widespread which were introduced in the within a supportive regula- exercise of power context of general support or at least the acquies- tory framework and with by both private and public interests cence of provincial level authorities, was often on high levels of community areas under most immediate threat (Veer 2006). ownership (ILC 2008). One 2. Mapping appears to be at best a second order factor or both of these factors has through coercion, when determining trends in tenure security and generally been absent in intimidation and access to natural resources for indigenous com- the Cambodian experience. illegal practices means that having a munities. Thus the rate of deforestation and land 5. There are nevertheless well alienation in Ratanakiri province has increased rap- documented instances of idly during the period that efforts at mapping have villagers using maps as a map or a particular been underway. Factors which have been identified tool to resolve land and kind of map is unlikely as the main (first order) drivers of tenure insecurity natural resources manage- to be determinative-- and loss of natural resources include: Integration into a market economy (with cash needs for health, ment conflicts (L&NRM) or increase their bargain- at least not in favor of education as well as household consumption); ing power in negotia- indigenous people. lack of alternative methods of generating income; tions with outsiders. Map increasing land value; improved infrastructure making may not have had (particularly roads); demographic change/pressure the desired across-the-board effect of improving (in particular population growth through immigra- indigenous people's control over land and natural tion of lowland groups); national level grants of resources. However, there are a range of reported land for agri-business and other purposes; a lack instances where maps have been used by indig- of enforcement of existing laws which protect state enous communities to assert or defend claims to lands from encroachment, illegal land transactions, land and natural resources (Prom & Ironside, 2005; weak recognition of communities' land rights, etc; Klot & Ironside, 2005; Hou 2005). Discussions and diminished community cohesion in the face of with practitioners indicate that maps have been cru- these changes (Fox et al. 2008). cial in presenting and explaining indigenous land 3. Given these factors mapping has been unsuccess- use and in advocating for tenure security with out- ful in securing access to land and natural resources side authorities. Thus the fact that community lands on a broad or systematic basis. The forces which had been mapped in Ratanakiri starting from the late-1990s was important in persuading decision ILC (2006) Participatory Mapping as a Catalyst for Rural makers to develop a legal framework which would People's Empowerment: An Overview of Experiences allow indigenous communities to hold communal from the International Land Coalition Network. Mimeo title (Ashish John, personal communication, 2008). available at http://www.landcoalition.org/pdf/map- ping_ILC.pdf References ILC (2008) Participatory Mapping as a Tool for Empower- ment: Experiences and Lessons Learned from the ILC Bauer Kenneth. M. `Common Property and Power: Insights Network, Rome, Italy:ILC. from a Spatial Analysis of Historical and Contemporary Klot Sarem, Jeremy Ironside, Georgia van Rooijen. 2005 Pasture Boundaries among Pastoralists in Central Tibet' `Understanding and Using Community Maps Among University of Vermont Journal of Political Ecology Vol. Indigenous Communities in Ratanakiri Province, 13, 2006 24 Cambodia' in Fox, Jefferson., Krishnawati Suryanata Chapin, Mac., Zachary Lamb and Bill Threlkeld 2005 and Peter Hershock (eds) (2005) Mapping Communi- `Mapping Indigenous Lands' in The Annual Review of ties: Ethics Values Practice, Honolulu, USA: East-West Anthropology, 34:619­38. Center, 43­56. 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Cronkleton, Peter; Goenner, Christian; Evans, Kristen; Prom Meta and Jeremy Ironside 2005 `Effective Maps for Haug, Micheala; de Jong, Wil; and Antonio Albornoz, Planning and Sustainable Livelihoods' in Fox, Jeffer- Marco; `Supporting Forest Communities in Times of son., Krishnawati Suryanata and Peter Hershock (eds) Tenure Uncertainty: Participatory Mapping Experiences (2005) Mapping Communities: Ethics Values Practice, from Bolivia and Indonesia', 2008. Honolulu, USA: East-West Center, 29­42. Fox, Jefferson (2002) `Siam Mapped and Mapping in Stocks, Anthony. 2005 `Too Much for Too Few: Problems Cambodia" Boundaries, Sovereignty and Indigenous of Indigenous Land Rights in Latin America' in The An- Conceptions of Space' in Society and Natural Resourc- nual Review of Anthropology, 34:84­104. es, 15:65­78. Veer, C. `Report of a Review Participatory Land Use Plan- Fox, Jefferson., Krishnawati Suryanata and Peter Hershock ning, Natural Resource Management, and Rural Liveli- (eds) (2005) Mapping Communities: Ethics Values Prac- hoods. Lessons & Prospects, Commune and Community tice, Honolulu, USA: East-West Center. Based Natural Resource and Environment Management Fox, Jefferson, Denis McMahon, Mark Poffenberger and (CCB-NREM) ­ Land Component', 25 December 2006. John Vogler (2008) Land for My Grandchildren: Land Use & Tenure Change in Ratanakiri: 1989­2006. What is J4P? Fuys, Andrew, Esther Mwangi and Stephan Dohrn (2006) "Securing Common Property Regimes in a `Modern- Justice for the Poor (J4P) is a global research and izing' World: Synthesis of 41 Case Studies on Common development program aimed at informing, designing Property Regimes from Asia, Africa, Europe and Latin and supporting pro-poor approaches to justice reform. America" (Mimeo). It is an approach to justice reform which: Harley, JB (1988) `Maps, Knowledge and Power' in D · Sees justice from the perspective of the poor/ Cosgrove and S Daniels (eds) The Iconography of marginalized Landscape: Essays ion the Symbolic Representation, · Is grounded in social and cultural contexts Design and Use of Past Environments, Cambridge, UK: · Recognizes the importance of demand in building Cambridge University Press, 277­312. equitable justice systems · Understands justice as a cross-sectoral issue Hou Srey Vathana (2005) `Communal Land Registration Process' in in Balancing the Change: Experiences Contact us at j4p@worldbank.org and visit our in Natural Resources Management Decentralization website www.worldbank.org/justiceforthepoor for in Ratanakiri, Cambodia, Phnom Penh, Cambodia: further information. CBRNM Learning Institute, 61­71. Justice for the Poor Briefing Notes provide up-to-date information on current topics, findings, and concerns of J4P's multi-country research. The views expressed in the notes are those of the authors and do not necessarily reflect those of the World Bank.