Conference Agenda

Session Overview
Session
08-09: Can New Data Sources Help Protect Indigenous Rights?
Time:
Wednesday, 22/Mar/2017:
4:00pm - 5:30pm

Session Chair: Frank Pichel, Cadasta Foundation, United States of America
Location: MC 6-100

Presentations
ID: 883 / 08-09: 1
Individual Papers
Oral Presentation
Topics: Land for infrastructure, investment, disaster risk reduction
Keywords: FPIC, Indigenous, ESG Financing, Renewable Energy, UNDRIP

The New Safeguard Standards for Indigenous People: Where do we start?

Oliver MacLaren, Julie-Anne Pariseau

Olthuis Kleer Townshend LLP, Canada

On August 4, 2016 the World Bank's Board of Directors approved new environmental and social framework, modernizing a decades-old set of policies aimed at preventing Bank funded development projects from harming the environment and people. Standard 7 on indigenous peoples is the policy that sets up standards that borrowing countries are expected to follow to protect indigenous rights The paper examines models for development on lands where competing assertions of State authority and indigenous land rights show no likelihood of foreseeable resolution. It analyzes the international legal instruments intended to address this friction, including the new safeguards, and then reports on the Grand Bend Wind Project in Canadian province of Ontario, and the policies on which it relies, as a case study for successfully implementing the objectives of these legal interests, and allowing a project to proceed notwithstanding claim uncertainty.

08-09-MacLaren-883_paper.pdf
08-09-MacLaren-883_ppt.pptx


ID: 622 / 08-09: 2
Individual Papers
Oral Presentation
Topics: Securing land rights for equity, sustainability and resilience
Keywords: Indigenous Peoples, Land Right, Access to Natural Resource, Open Data

Contribution of Open Data to Protect Indigenous People’s Livelihood, Land Security and Natural Resources Sustainability

Ratana Pen1, Mane Yun2, Try Thy3

1Heinrich Boell Foundation Cambodia; 2Cambodia Indigenous Peoples Organization; 3Open Development Cambodia

Cambodia remains a country in which the large majority of the people still lives in the countryside. It is therefore more complicated to assess the diversity of people’s livelihood, and to make clear census on population, in comparison to more urban countries. The need for information is crucial in Cambodia, in order to facilitate decision-making, to preserve indigenous people way of living, and to conserve one of the country’s greater asset: its natural resources.

The lack of transparency regarding Cambodian development highlights the potential benefits of open data for the country, which serves both Cambodian people, official authorities, as well as anyone interested in the country’s evolution. The knowledge spreads by open data initiatives also contribute in enforcing the rule of law in Cambodia, for it provides people a better understanding of their rights and duties, while underlining the potential flaws of the existing policies. Land titling, land concessions, and land disputes including the territory of indigenous peoples are among the hottest current issues in Cambodia. Group of NGOs in Cambodia believe that open data helps clarifying these types of conflicts, and could be useful both for indigenous people, but also to representative authorities into their legal enforcement duty.

08-09-Pen-622_paper.pdf
08-09-Pen-622_ppt.pptx


ID: 445 / 08-09: 3
Individual Papers
Oral Presentation
Topics: Harnessing geospatial data, cloud platforms and other data technologies
Keywords: open data, innovation technology, indigenous peoples, collective land title, land rights, Cambodia

Using open data and digital mapping to aggregate evidence for identifying and protecting indigenous people’s lands and resources in Cambodia

Thy Try, Hindley David

Open Development Cambodia (ODC), Cambodia

Cambodia’s 24 indigenous communities have traditionally managed nearly 4 million hectares of remote forests. Their wellbeing is tied to land security.

Today they face threats from fast economic growth. It is common for indigenous communities to find agricultural or mining concessions encroaching on their land, logging companies clearing their forests or dam builders forcing them to relocate. Land alienation means loss of livelihood and tradition, poorer health and education.

Agencies addressing the problems can find it difficult to source reliable independent data to inform and underpin their work. Data is often dated, incomplete or slanted to an agenda.

Data aggregation and digital mapping in an open data environment provide one solution. Open Development Cambodia (ODC) an independent, politically-neutral body, aggregates data and develops interactive maps and datasets accessible in English and Khmer.

Users synthesize data to their needs, for example matching indigenous lands with economic land concessions to find overlaps and support the alteration or revoking of concessions, or locating indigenous communities in mineral exploration areas, guiding on who should be consulted and compensated.

ODC’s development-focused open data initiative offers a model for developing areas globally.

This paper bridges two conference themes, around data technologies and securing land rights.

08-09-Try-445_paper.pdf


ID: 179 / 08-09: 4
Individual Papers
Oral Presentation
Topics: Securing land rights for equity, sustainability and resilience
Keywords: land tenure, legal advice, technology

Itenure- New Tool For Land Claim Registration And Legal Advice On Land Tenure Status

Piotr Sasin1, Javier Sola2, Benjamin Flower3

1People in Need, Cambodia; 2Open Institute, Cambodia; 3University Collage London

In Cambodia, thousands of people are affected by land conflicts. Country’s regulations regarding land expropriation, titling and conflict resolution are fairly complex and many people are not aware of their rights.

It has been demonstrated that general i.e. not household specific information and advice provided by CSOs to beneficiaries is not particularly useful. Moreover, it may cause some distrust between CSOs, communities and local authorities, which may consider such actions as inciting.

A household specific assessment of a land claim, legal analysis and advice is considered more effective. The reports documenting the claim including maps, names of claimants, etc. can be used in the court as support documentation. A legal advice referenced to the local legislation makes claimants more confident when in the court or during negotiations with government officials. However, it is time consuming to collect, analyze and provide information to thousands of claimants. Moreover, the legal language used in the advice sheet may not be understandable to the people whose level of education and literacy is low.

This paper explores how new technologies offer number of solutions which can be used to speed up such processes and improve communication.

08-09-Sasin-179_paper.pdf
08-09-Sasin-179_ppt.pptx