Access to Justice: Community Legal Education Center*
Ginney Liu and Clémence Calzaroni

The United Nations Development Programme’s (undp) Access toJustice (A2J) Project in Cambodia aims to create solutions thatbridge the gaps between the formal and informal justice systems ina way that is effective, responsive and accessible. The project focuses on alternative dispute resolution mechanisms and targets assistance to the mostmarginalized Cambodians: the poor, women, and indigenous peoples.
The component of the A2J Project relating to indigenous peoples operates on a twin-track strategy to strengthen the capacity of indigenous peoples to resolve disputes through both the formal and informal legal systems
and, in particular, the enhancement and legitimization of customary dispute
resolution mechanisms, promotion of awareness of rights and regulations
related to land ownership, improvement of the dissemination of legal andjudicial information, and the full recognition of the rights of indigenous
peoples to communal lands.
The A2J Project provides supplementary support to indigenous peoples
through legal aid, legal awareness, and advocacy. The activities related to
the A2J indigenous peoples component are focused on two provinces inNortheast Cambodia—Ratanakiri and Mondulkiri, where the majority ofthe population is indigenous. To implement this component of the project,a local non-governmental organization (ngo) has been contracted as theimplementing partner organization.
Community Legal Education Center
The Community Legal Education Center (clec), a Cambodian legal resource
center promoting the rule of law, justice and democracy in Cambodia, hasbeen contracted as the partner organization for the A2J Project. Clec hastaught over five thousand Cambodians in different subjects of law throughits “certificate in law” program since 1996. Clec has also produced a legal* This article is an edited excerpt of the report of the authors entitled Contribution
by the Community Legal Education Centre (CLEC) to the UNDP Access to Justice Project Documentation and Lessons Learnt, May 2010.

23

24

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c

textbook series, which represents the few Cambodian legal texts on a wide
range of subjects. Clec focuses on projects that combine legal education, legal empowerment and advocacy. Its trainings are designed for a wide rangeof target groups, including local communities, ngos and government officials. Clec has been involved in advocacy on a number of significant law
reform issues, including: the 2001 Land Law, the sub-decree on indigenous
communal land titling, establishment of the Arbitration Council, the election dispute resolution process, the draft Peaceful Assembly Law, and commentary and review of numerous pieces of legislation. Since 2004, clec hasembarked on a major project of high-impact public interest legal advocacy
relating to land and natural resources.1
Capacity-building Series: Empowerment of Indigenous Peoples
One component of the A2J Project consists of a series of capacity-building
training activities for the elders of indigenous communities. In indigenous
peoples culture, the elders are the authorities that solve conflicts within thecommunity through their customary rules. The training focused on raisingawareness of fundamental rights and understanding of Alternative Dispute
Resolution (adr) mechanisms.
These elders, recognized as traditional authorities, are being trained onnational laws that have direct impact on indigenous peoples and their livelihood, such as laws related to land, environment, mining, and forestry, as
well as on the formal court system, and conciliation skills.
From July 2007 to March 2010, clec held training activities on fundamental and legal rights for the indigenous elders in four out of ninety-one
villages in Mondulkiri province and eight out of two hundred forty-nine villages in Ratanakiri province. The training activities were also meant to assist
them in the process of collective land registration and indigenous legal entity registration. The training of indigenous elders on adr and legal awareness focused on the principle of fairness in dispute resolution, conciliation
skills, and introduction to the formal state system.
The series of training activities developed by clec consisted of the following modules and follow-up training activities:• Module I: Training on fundamental and legal rights for indigenous
peoples• Module II: Training on Contract Law and adr mechanisms

Access to Justice: Community Legal Education Center25• Follow-up Training on Modules II• Modules III-IV: Advanced knowledge skills on adr and introduction to the Cambodian judicial system• Follow-up on Modules III-IV• Modules V-VI: Post basic of mediation and conciliation techniques• Follow-up on Modules V-VI
• Follow-up training for final evaluation.
For each of the modules, trainers from clec designed methods that
aimed to assist indigenous peoples to develop their capacities in resolving
conflict. Clec sought to enhance community and organizational capacitybuilding through interactive participation and self-initiated mobilizationand collective action. The emphasis was placed on participation as a systematic learning process linked to action and change and the training methodology was mainly based on a Participatory Learning Approach (pla) and
Visualization in Participatory Processes (vipp). This latter methodology wasparticularly useful when working with people who do not read or write confidently. The training used basic language to make the training as accessible
as possible. The trainers were assisted by interpreters in order to communicate in indigenous language if participants did not understand Khmer.
However, considering the large number of indigenous groups with theirown language in Ratanakiri, it was difficult to provide translations in all indigenous languages.
Clec has implemented during the July 2007 and April 2010 period a
number of activities under the A2J Project consisting of the following:
1. Commune Council Training
2. Regional Training Seminar for Officials
3. TV/Radio Talk Shows
4. Ngo Network Collaboration.
Commune Council Training
Clec held a number of two-day training workshops during the 2007-2009
period in Mondulkiri and Ratanakiri provinces for commune council members. Those who participated in the 2008 workshop were also the participants in the 2009 workshop.

26

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c

The training raised awareness on fundamental rights, customary rules
as well as state laws that support indigenous peoples livelihoods, with a focus on land issues. It aimed to increase the knowledge and understanding ofcommune council members (and also commune officials, commune chiefs
and officials, district/vice chief and officials) on their roles and responsibilities in protecting indigenous peoples lands. The training was organized inclose cooperation with the provincial coordinator and expert on community facilitation of a local Cambodian ngo called Indigenous Community
Support Organization or icso.2
The training employed a semi-participatory learning approach and focused on group discussion, brainstorming, question-and-answer (Q&A),
and debates combined with presentations and lectures. The target groupconsisted of officials and local authorities, for which a participatory learning
approach was not suitable.3 The training aimed at facilitating information
sharing and collective appraisal. After each topic, participants’ feedback andopinions on the subject were discussed and recorded for future revision of
the training curriculums. The participants filled evaluation forms at the endof the two-day training in order to evaluate their new level of understanding.
The training used the following materials:
1. Training manual on indigenous peoples livelihood and legal framework published by clec;
2. Indigenous Peoples Rights regarding Land and Natural Resources
Management, published by clec in February 2007. This book was sharedwith the communities of indigenous peoples as a text reference. Clec distributed copies of this book to local officials to make sure that both indigenous peoples and local authorities used the same legal background whensolving conflicts;
3. Articles discussing the laws related to the topics in the training
modules;
4. Visuals such as posters, hand-out sheets, mind maps, short bulletins,
flipcharts, powerpoint presentations, etc.;
5. Two videos: a short documentary on gender awareness by WomenMedia Center and Part I of the TV show produced by clec on indigenous
livelihood;
6. Procedural rules on registration of land of the indigenous peoples;
7. Training manual on adr.

Access to Justice: Community Legal Education Center

27

Contents of the training
The commune council training provided important highlights on• Indigenous peoples livelihood and legal framework that protect
their rights; and• Land security and tenure for indigenous peoples.
In 2008, the training focused on the following issues:
1. Duties and obligations of provincial authorities and commune councilors in protecting indigenous peoples land and natural resources;
2. Land tenure and land security for indigenous peoples;
3. Basic principles of the sub-decree on the Participatory Land Use
Planning (plup) process;4. Experiences and best practices of plup;
5. New national policies on recognition and registration of indigenous
peoples lands;
6. Key points of the sub-decree on indigenous peoples land registration;
7. Legality and enforcement of contracts on land including land sale andpurchase;
8. Peaceful alternative conflict resolution.
In 2009, the training curriculums were revised and additional issues
were included:
1. Traditional practices of boundary demarcation;
2. Land issues and the new challenges faced by indigenous peoples;
3. Introduction to ADR skills;
4. Identification of relevant needs and recommendations for improvement in terms of law enforcement at communal level.
Feedback
The training materials were found to be very interesting and appropriate but participants asked for additional materials, such as relevant legal
texts. Commune council members expressed a very positive attitude andwere pleased to meet and share experiences with other district/communal
representatives. However, even though the training activities were perceived
positively, the participants were still not willing to put their learnings into
practice. The participants were not yet confident about the new lessons thathave been learned, and thus requested for further training particularly onthese key points:

28

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c• Technical aspects of the plup;• Commune Council Roles in Preliminary Land Registration;• Legality of land sale contracts;• Clarification of ADR mechanisms and their legal status.
Local authorities and commune council members asked for financial
and technical support in order to apply plup (such as in mapping their community boundaries).
Lessons learned/Recommendations for improvement
Following are the recommendations on how to improve the training
activities:
a. Methodology/Training Materials• Publication and distribution of new teaching aids like the training
manual on “Indigenous peoples livelihood and legal framework” to local
authorities.
• Development of new facilitation strategies and learning of new
methods on how to train local authorities. clec has a strong experience withpla and vipp but these tools are not appropriate for government officials.
b. Training• Follow-up training for commune council members to clarify thescope of applicability of adr mechanisms at commune level.
• Training for provincial officials to highlight the role of NGOs in
dealing with legal cases.
c. Cooperation• Since local authorities do not acknowledge the authority of ngos inexplaining indigenous peoples issues, the success of the training would depend strongly on the participation of national government representatives(from the Ministry of Interior or the Ministry of Justice) who can explain theissues.
• But there should be efforts to facilitate the change of attitude of local authorities, in order to have more effective collaboration between NGOs
and the local authorities.

Access to Justice: Community Legal Education Center

29

Future of Commune Council Training
In order to replicate the training for members of the commune council,
clec is planning to:a. Improve cooperation with national government agencies by inviting
representatives from the relevant ministries/departments as guest speakers
on specific topics. This relates to what was earlier indicated about commune
council members being more comfortable in interacting with national government authorities than with ngo representatives. This strategy also aims
at engaging all levels of authority involved in the issues covered by the training activities. The topic on land policy, for example, can be discussed by arepresentative from the Land Management Department; the topic on commune council members’ responsibilities in protecting indigenous peoples
lands can be discussed by a court official or prosecutor.
b. Include the commune clerk in the training. Instead of inviting only
one commune council member per commune, the commune clerk will also
be asked to join the training to help make the training activities sustainable over the long term. Commune clerks have a permanent mandate, while
commune council members stay in office for only five years.
Regional Training Seminar for Government Officials
Under the agreement with undp, clec held two-day training seminars during the July 2007 to April 2010 period for government officials including
members of the police, judges, prosecutors, local authorities, and relevant
ministry officials. The training seminars, with the theme “The indigenous
system of livelihoods and traditional rules,” were held for sixty government
officials each year. Furthermore, in 2008 and 2009, the curriculum was revised based on the experiences of the previous year. Three regional training seminars were held, consisting of one training seminar in Mondulkiri
Senmonorom (forty five participants, 2007), one in Kratie (fifty five participants, 2008), another one in Ratanakiri Banlung (fifty eight participants,2009).
The training seminars focused on (1) educating the local law enforcers
on how to value the indigenous livelihood systems and customary rules, and(2) strengthening and building capacities of bottom-level government officials who are enforcing the national laws and regulations that are supposed
to protect indigenous livelihood and lands.

30

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c

The participants included local authorities (Provincial Governor,
District Chief, etc.), members of the provincial police / military police(armed forces), court officials and clerks, prosecutors, judges, line ministry officials (Land Management Department, Forestry Administration,
Mining Department, Agriculture Department, District Office for Local
Administration), ngo representatives from Ratanakiri and Mondulkiri, andlegal specialists. A total of one hundred fifty eight participants attended theseminars.
Training approach
The seminars contained a semi-participatory learning approach and focused on group discussion, brainstorming, and Q & A. The seminars aimed
at getting the active participation of the government officials on sharing ofexperiences/knowledge. After each topic, a session followed where the participants expressed and discussed feedback and opinions on the subject.
Training materials
The training materials consisted of the following documents:
1. Training Manual on indigenous peoples livelihood and legal framework published by clec;
2. “Indigenous Peoples Rights regarding Land and Natural Resources
Management;”
3. Videos (such as Part I of clec TV Show on sustainable use of thenatural resources to support the livelihood of indigenous peoples)
4. Power point presentations and visual aid, posters, hand-outs, drawings, flipcharts, mind maps, short bulletins, etc.
5. Textbook on “National Policy on Development of Indigenous People”(adopted by the Royal Government of Cambodia on 24 April 2009).
Content of the training
The regional training seminar for officials covered the following issues:
1. Indigenous livelihood systems and customary rules;
2. Fundamental human rights/Internationally recognized indigenous
peoples rights;
3. Indigenous peoples rights recognized by ilo Convention No.169;
4. Indigenous peoples rights recognized by the 2001 Land Law and the2002 Forestry Law that recognize the unique features of the land tenure ofAccess to Justice: Community Legal Education Center31

the indigenous peoples and provides them with the autonomous management of their communal lands;
5. Process of collective land registration for indigenous communities;
6. Pilot experiences of organizing indigenous communities as legal entity and use of the communal land registration;
7. Participatory Land Use Planning (plup);
8. Legality of land sale contracts;
9. Law enforcement and legal system;
10. Concept of Environmental Impact Assessment (eia) and SocioEconomic Impact Assessment (seia).
Feedback
The regional training seminar was the first step in gaining input fromlocal authorities regarding the drafting a new legal framework for indigenous peoples. Participants were quite satisfied by the training seminar andactively participated in the group discussions. Local authorities (such as theProvincial Governor) recognized that they had a limited understanding of
indigenous peoples and land laws, and therefore asked clec to replicate thistraining for provincial officials who could not attend the training. For the
replication of the training, the local authorities asked that the topic on indigenous livelihood system and customary rules be merged with lessons oncivil and criminal legal procedures. They also suggested that clec should
train local authorities on both formal and informal judicial systems.
Generally, participants would have preferred to focus more on duties
and obligations that local officials have to comply with and not only focus
on indigenous peoples rights.
There were also feedbacks on specific topics and training approachthat led clec to revise its training curriculum annually during the July
2007-April 2010 period:
A. Basic Human Rights/International Human Rights Standards• In 2007, in Mondulkiri, the representatives from the Ministry ofInterior, the Ratanakiri Provincial Court, and the Mondulkiri
Prosecutor requested that this topic be not included in the training session because the contents were confusing and had lessimportance.

32

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c

•

•

•

Local authorities refused to discuss basic human rights on the
ground that they might jeopardize the social norms and existing
power relations. They also thought that human rights law should
only be applied in relation to the international community and not
at local/provincial level. Clec was requested to put more focus onrules, regulations, policies or legislations of the country.
Local authorities did not acknowledge the legal status of international human rights standards. They argued that during the Pol Pot
regime Cambodia did not receive support from the international
community, despite violations of international human rights standards. Local authorities and officials therefore did not recognize
their actual legal value. Cambodian law enforcement officials expressed the view that they would only obey the Cambodian legal
system, which included the 1993 Cambodian Constitution and its
provisions on human rights.
Interventions by ngos working on human rights were often said tohinder the work of the law enforcement officers.

Clec responded to these feedbacks and revised its training curriculumin the following years.
In the second year in Kratie, clec decided to combine three chapters
altogether in a panel discussion format, including basic human rights, international human rights standards and indigenous peoples’ right to theirlivelihood system, and customary rules.
In the third year in Ratanakiri, clec managed to keep this topic in the
training curriculum although a Deputy Provincial Governor had requested
the removal of this topic in the curriculum. Clec refocused the topic by discussing the specific international human rights standards that deal with theindigenous peoples issues. Consequently, the Deputy Provincial Governor
wanted clec to conduct a Training Need Assessment (tna) prior to providing more training courses on state obligation in international law, humanrights and international law, and the international context of the current
indigenous people’s concerns. The training facilitator managed to present
the international concepts of human rights through concrete examples on
indigenous peoples livelihood and by linking the international human rights
concepts to several relevant national legal provisions (such as the 2001
Cambodian Land Law and 2002 Forestry Law).

Access to Justice: Community Legal Education Center

33

B. Indigenous customary rules
The participants were concerned about the legal application of the indigenous customary rules presented by the undp’s Regional Expert and requested that this information be not shared and disseminated to the indigenous peoples yet.
They also requested for proof of the legitimacy of these rules and expressed concerns that these rules had not yet been acknowledged by anyof the relevant government ministries nor endorsed by the government.
Participants feared that customary rules could be in conflict with the formal
judicial system.
C. Land issues
The participants asked for additional training that specifically focusedon how to solve land conflict/dispute between two indigenous communities.
D. Training methodology
The participants complained about trainers using mainly powerpoint
presentations that made the training “very one-sided.”
E. Venue arrangement• The participants suggested to extend the training period from four
to five days as this would allow them time to understand moredeeply the training materials.
• They would like to have a higher daily subsistence and travel
allowances.
• In Ratanakiri, the participants said that meeting room was too hot.
Lessons learned/recommendations for improvement
Methodology/Training Materials• Make available in the training the main legal documents including international human rights treaties, UN declarations, land law
and its regulations, and research reports on indigenous peoples issues. Clear connections should be made between the Cambodian
national law and international law.
• Training should employ the semi-participatory learning approach.
pla does not work with Cambodian government officials; however,34

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c

the use of powerpoint presentations during the training does notwork either. The training curriculum should take into account the
Buddhist Khmer culture and the strong hierarchy between officials(thus, reaching the senior officials likely leads to the support of junior officials). Clec already re-designed the training curriculum
based on a semi-participatory approach but was not satisfied withthe results. Clec suggested that working groups or small discussion groups might be an appropriate approach for further training.
Cooperation with government offices• The success of the training relies on the participation of “high-ranking” guest speakers from the different relevant government ministries, and experts. Clec as ngo needs the strong support from relevant government ministries and international institutions whenworking with local authorities.
• Since ngos are not fully recognized by local authorities (especiallyat the provincial level) as actors of the Cambodian judicial system,
clec has to be prepared to prove the basis for the enforcement of
new laws or policies to be able to effectively communicate them tolocal authorities.
• Ngos have to redefine their roles and review their approach whencollaborating with national and local authorities.
Future of the Regional Training Seminar
With the experience in the regional training seminars in Mondulkiri
and Ratanakiri, clec re-designed its strategy to focus on two key activities:
1. Capacity-building training of local officials on formal and informal
judicial systems as well as on the integration of international law into domestic law regarding indigenous peoples’ livelihood system. This training
will be held in close cooperation with International Labour Organization(ilo), ngo Forum, and the United Nations Office of the High Commissioner
for Human Rights (ohchr). Cooperation with other relevant partners
such as the Cambodia Human Rights Action Committee (chrac) and theCambodian Center for Human Rights (cchr) will be sought. A Training
Needs Assessment (tna) will be undertaken. The capacity-building training
will aim at strengthening bottom-level government officials who are enforc-

Access to Justice: Community Legal Education Center35

ing the national laws and regulations that are supposed to protect indigenous livelihood and lands.
2. Awareness-raising campaign targeting all lawmakers and law enforcers on the new development policy for indigenous peoples and their lands.
The target group will include all relevant stakeholders such as government
officials, local authorities, ngo workers, Senate members and the private
sector (private companies or the Cambodian Chamber of Commerce). By
gathering and giving voice to all concerned actors, including the private sector, clec aims to set up the basis for a new dialogue.
Radio and Television Talk Shows
Under the agreement with undp, clec organized television and radio talkshows each year about indigenous livelihood system and traditional rules.
During the July 2007-April 2010 period, clec aired four television shows
and broadcasted eighteen radio shows, totaling four hours of television
show and eighteen hours of radio show.
The television talk show included interviews and discussions with guest
speakers, including representatives of ngos, international organizations andexperts.
The topics of the radio show were:• Indigenous peoples livelihood and traditional rules4• National and international legal support for indigenous peoples.
The television talk show was divided in two parts:• Part I focused on livelihood of indigenous peoples and customaryrules. Interviews of indigenous elders, video-documentaries of farming ceremonies, play on how traditional authorities use to solve conflicts in thevillages. Guest speakers in this part were representatives of the Ministry ofJustice, the ngo Village Focus and undp.
• Part II focused on land rights and legal support provided to indigenous peoples (e.g., land registration), including national and international
legal instruments supporting indigenous peoples rights. Guest speakers
were representatives of ilo and clec.

36

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c

Target audience
Without any budget for a prior market survey, clec used a survey madeby the British Broadcasting Company (bbc) to decide on the radio stations
and the hours for the shows that would make an impact on the selected audience. The radio show was meant for national coverage (with a special focus
on Phnom Penh) with the identified target groups being lawmakers, government officials, people occupying high-responsibility positions, rich people
with economic interests for Ratanakiri and Mondulkiri, and law students.
Clec chose only government-owned or pro-government television
channels and radio stations in order to limit problems in broadcasting.
Most television channels and radio stations did not want to collaborate with
ngos. Clec chose vod (FM 105), FM 96 (National) FM 97 (Apsara), Sarika
and wmc radio stations; tvk and Apsara television stations.
One of the main issues raised in the Part II of the television talk show
broadcasted by tvk related to the limited size assigned to spirit forests andburial grounds of the indigenous peoples in the draft sub-decree, which wasconsiderably smaller than what was provided for in the Land Law of 2001.
This show was criticized by officials of Land Management Department andof the Council of Ministers, which resulted in the reluctance to rebroadcast
Part II in Apsara television station.
Distribution of materials
Thirty sets of dvds and eighty sets of vcds of the television talk show
and forty sets of CD of the radio talk shows have been produced. They were
distributed to relevant stakeholders and to interested communities.
Feedback
Various people were selected by random and interviewed by clec toshare comments on these mass media programs. The response was generally very positive and great interest was expressed in the programs. The messages in the programs were perceived as important and clarified misunderstandings of the Khmer people from the lowlands about indigenous peoples.
Furthermore, the ngo Forum perceived the programs as a good communication tool that ngos wanted to replicate and learn more from clec’s
experiences in organizing radio and television programs. After broadcasting
the shows on tvj, the ngo Forum requested clec to also broadcast this on
different channels such as Apsara or Bayon.

Access to Justice: Community Legal Education Center

37

Lessons learned and recommendations for radio
and television talk shows• The implementation of mass media projects has to contend with anumber of challenges. Censorship exists in Cambodia and hinders the exercise of freedom of expression. Most television channels and radio stations
do not want to collaborate with ngos. At the same time, broadcasting radio
and television programs is very costly. This situation explains the decision ofclec in choosing only government-owned or pro-government channels andradio stations for its radio and television talk shows.
• Ngos working on land issues appreciate such television talk show andrequest for their rebroadcasting because of the timeliness of the broadcast.
The draft indigenous peoples sub-decree and policy were not yet handed toPrime Minister Hun Sen and there was hope that the Prime Minister would
possibly see the television show before signing the documents.
• There is an urgent need to improve the relationship between clec
and the relevant government ministries to avoid the various conflicts that
occurred in implementing mass media projects such as the censorship ofPart II of the television talk show due to supposed potential effect of causing
national conflict, and the non-participation of representatives of government ministries in the talk show especially when sensitive issues were being
discussed.
• There is a need to improve on the current insufficient collaborationand facilitation by undp with the government ministries (in particular with
Ministry of Interior).
• Clec should widen the target audience.
The main objective of the campaign in raising awareness among people
mostly in Phnom Penh, those working with indigenous peoples, and those
who have economic interest in the provinces where the majority of the population is indigenous is good. But there is also value in reaching a wider
audience such as the Ratanakiri and Mondulkiri populations. The radio programs can have versions that use the language of the indigenous peoples.
Existing radio programs for indigenous peoples (such as the unesco projectin Ratanakiri) can be explored for partnership programming.

38

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c

Campaign Materials
A number of materials were produced under the project as a tool to support
the awareness-raising campaign on the rights of indigenous peoples protected by the Cambodian legal system, especially focusing on land issues.
Clec produced these materials and distributed them to indigenous peoples
during the capacity-building training, and also to village leaders, commune
councils members, ngos from the ngo Network and national authorities
and ministries involved in indigenous peoples issues.
The materials consisted of booklets, posters, t-shirts, and fold-out
posters.
Booklets
The following booklets were produced:• Booklet on indigenous communal land issues (2,000 copies)• Booklet for the Department of Ethnic Minority Development on thenational policy of the Ministry of Rural Development (3,000 copies)
These booklets were distributed in the workshop on the new policy on
the development of indigenous peoples. More than one hundred membersof the Senate, National Assembly, Constitutional Council and other relevant
stakeholders received the booklets. In another training workshop, morethan one hundred sixty provincial governors, provincial and municipal
councilors, district and commune authorities and indigenous community
representatives received them.
• Booklet on the 2001 Land Law for Indigenous Peoples.
This material aims to raise awareness among lawmakers, law enforcers
and national authorities on indigenous peoples land rights.
Posters
One poster was designed and published in September 2009 for the project with 500 copies. The designing of the poster was done in close collaboration with undp, ilo, cws, icso, the ngo Forum, the Land Management
Department, and the Ministries of Interior and Justice. It illustrates the adr
mechanisms and the roles of indigenous traditional authorities in conflict
management within their communities. It was distributed to indigenous
communities and to relevant stakeholders to support education campaigns.

Access to Justice: Community Legal Education Center

39

T-shirts
Using t-shirts with appropriate messages, clec aimed at raising awareness on the new land policy with a focus on illegal sale/purchase of land ofindigenous peoples. For the project, clec revised the previous t-shirt design
under a 2008 project funded by the New Zealand Aid Programme (NZAid)
taking into account the feedbacks received. Eight hundred t-shirts were produced in July 2009.
Messages on the t-shirt:• Front message: The life of indigenous peoples strongly relies on
their land and natural resources.
• Back message: Buying and selling indigenous communal lands is aviolation of the land law.
Clec distributed the t-shirts to:• Indigenous traditional authorities, village elders and villagers during the capacity-building training;• National and local authorities of  Ratanakiri and Mondulkiri;• Representatives of government ministries involved in indigenous
peoples and land issues (Land Management Department, and the Ministries
of Interior and Justice).
• ngos: Khmer Youth and Social Development, Sasar Troung
Association, Vigilance, etc.;• Indigenous students of Ratanakiri and Mondulkiri;• undp.
Foldout posters
Clec published, in September 2009, five hundred fold-out posters to
distribute to indigenous peoples and the relevant stakeholders. This material describes the different steps in the community land registration.
Feedback
The participants found the campaign materials to be easy to understand, the messages being simple. Indigenous peoples and other stakeholders also expressed very positive feedback on the materials. The posters andt-shirt were appreciated the most. Clec’s partners requested to produce
more campaign materials to support the awareness-raising campaign on indigenous peoples’ livelihood and rights.

40

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c

Unfortunately, some campaign materials were published very late (mid2009) for use in the access to justice training forcing clec to use materials
previously produced for an indigenous peoples project of NZAid.
General Observations and Recommendations
Clec had limited time in taking into account the feedbacks and lessons
learned at the end of each year of project implementation and in revising
the activities accordingly. Overall, clec implemented a wide range of activities, some with limited success while some have contributed greatly tothe improvement of access to justice for indigenous peoples. Donors see
the necessity of having strong technical support and monitoring in orderto replicate the project in other places. Furthermore, to improve the flowof the activities and maximize the potentials of the project outputs, greater
involvement and cooperation of relevant government institutions (such as
through a memorandum of understanding between clec and the government ministries) is highly recommended to increase ownership of the project by the Cambodian government.
To be able to replicate the project, the following key observations andrecommendations should be taken into consideration:
1. Expectations, in terms of measurable objectives, implementation
structure, indicators, budget allocation, should be clearly defined.
2. Clec should assign more legal staff for the project, particularly inthe field offices, to strengthen the legal aid component of their work. Thiscan also address the need to make the indigenous peoples become moreaware of the availability of free legal aid.
3. Clec should continue to train indigenous peoples on the formal
judicial system with a focus on the advantages of being assisted by lawyers.
4. The empowerment of traditional authorities was a successful component of the clec project and a necessary first step to bridging the gap
between the formal and informal judicial systems for the benefit of indigenous peoples. Indigenous traditional authorities and villagers expressed
their strong appreciation of clec’s methods and approach in conflict management. The new understanding of adr has already resulted in positive
outputs as it has helped indigenous peoples become more confident within
their community or when dealing with outsiders.

Access to Justice: Community Legal Education Center

41

5. There should be greater emphasis on the potential multiplier effectof training traditional authorities. They (traditional authorities) should be
encouraged to provide training within their communities and nearby villages, in particular to the younger generation, to raise the awareness level on
indigenous peoples rights and adr mechanisms and to enhance the understanding of the formal judicial system.
6. Clec needs to do follow-up activities at the village level to consolidate the knowledge and strengthen the abilities of indigenous peoples andmake the adr mechanisms operate. The traditional authorities, for example,
have indicated that they have not been very effective in addressing domestic
violence in their adr efforts.
7. To increase the long-term sustainability of the training, it is advisable to include the commune clerk in the training for commune councils.
Commune clerks have a more permanent position, in contrast to the commune council members who have limited mandate of five years.
8. Generally, the training seminar was well received by the local authorities who acknowledged their limited understanding of indigenous peoples rights and land laws. The participants would however have preferred astronger focus in the training on duties and obligations that local officials
have to comply with rather than only focusing on indigenous peoples rights.
9. The regional training for government officials, as well as the commune council training, face the challenge of overcoming the limited effect of(semi-) participatory learning approach. Further development of the training strategy is needed to make it more adaptable to the target groups.
10. Training of local authorities and other officials should be continued
to increase the understanding of indigenous peoples rights.
11. Strong involvement of the donor agency in coordination and monitoring, and closer collaboration with the Ministry of Interior and Ministryof Justice are recommended.
12. Since local authorities do not see ngos as having the authority to
involve themselves in finding resolution to cases, especially in land disputecases, clec has to work more closely with government institutions when
dealing with local authorities. Clec’s actions may be perceived as an infringement of the responsibilities of local authorities. Therefore, clec needs
strong support from partner government ministries when working with local authorities to change this mentality.

42

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i c

13. A major limitation of the activities was the lack of national ownership and support from senior government officials. In replicating the project, it is advisable to revise the role of the government, with the government
ideally acting as Project Manager. Clec’s plan of having memorandum of
understanding/agreement with government ministries would improve cooperation between them (and also with local authorities).
14. Since clec is very active in the Cambodian ngo Network, further
collaboration with other ngos should be explored, if not already done so, tocoordinate and identify overlapping or complementing activities. The ngo
Network should be used to strengthen their advocacy and negotiation position with local/national authorities.
15. The ohchr legal officer who can provide technical assistance oninternational law to national legal aid organizations when dealing with highlevel human rights cases can be requested to provide technical support tothe project.
Endnotes
1. The text describing the work of the CLEC is drawn from its website, see www.
clec.org.kh/AboutUs.html.
2. Visit the ICSO website for more information: www.icso.org.kh
3. Commune officials are not willing to engage in role play activities or games.
4. Discussions on indigenous peoples livelihood were divided into two sessions.
The first session had guest speakers from UNDP: Mr. Yin Sopheap and Mrs Yun
Mane. Mrs. Yun Mane, a Phnong (indigenous person), mainly shared her daily life
experiences as member of an ethnic group. Mr. Yin Sophea shared his eight-year
research experiences on traditional rules in Ratanakiri. The second session guest
speakers were external indigenous peoples livelihood experts: Dr. Meas Nee, Mr.
Bouy Kimsreng and Mr. Seng Sovathana.