A Brief History of Kampuchea-Krom

The map shaded light blue that says
"Cochin-China"
is the Kampuchea Krom territory.

A Brief History of Kampuchea Krom” was commissioned by the Khmer Kampuchea-Krom Federation, the sole legitimate worldwide organization of Khmer Kampuchea Krom living abroad, in response to the need of this document.The document is produced basing on historical events and circumstantial evidences rather than referenced documentation. The fact is, there are not many history books or documents about Khmer Kampuchea Krom alone, since this land was once part of the Khmer Empire. The reference, therefore, document is the first of its kind that reflects the truth, is published by the Khmer Kampuchea Krom Federation ~ the sole legitimate organization of the Khmer Krom living abroad. For more information, please write to: Archive Office of KKF PO Box 28674,Columbus OH.43228 USA Email: snthanhctr@aol.com 
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The origin of Kampuchea-Krom

The Khmers who live in the southern regions of the greater Cambodia are called Khmer Krom. The word Khmer Krom is more acceptable by the Khmer in Kampuchea Krom than the Khmer in Cambodia since it clearly identifies the geography of where these people were born, and live since 1862, upon completion of their occupation of Indochina, which included Tonkin, Annam, Laos Cambodia and Kampuchea Krom.

The French colonial turned Kampuchea Krom to a colony and called it Cochin China, whereas the other four “states” were under the French protectorate. The name Cochin, perhaps, took after the southern city of India where both places have had much resemblance to each other. During their rule in Cochin China, the French authorities practiced a double standard policy when it came to the Khmer Krom and Vietnamese. The French avoided dealing directly with the Khmer Krom and used the Vietnamese to oppress them.

Kampuchea Krom was the southernmost territory of the Khmer Empire. During this period, the Empire was a major power in South East Asia. The renowned architecture and construction of the Ancient Angkor Wat and many other numerous monuments in the Empire had brought the Khmer artistic to the highest level that human beings ever attained.

The ruined port of Oc Eo (O Keo in Khmer) in the province of Rach Gia (today southern Vietnam), was the busiest port in the region, where the Khmers, Chams, Chinese, Indians, and Europeans did their trading. The township of Prei Nokor was a commercial center for the Khmer Empire, and it was once the most important military garrison against the Vietnamese’s southward movement. In spite of all these, the Khmer Krom people have outlived the sufferings and turbulence of the history, and remained united until today.
Major Historical Events

After over one thousand years under the Chinese domination, the Vietnamese ambition on Territory expansion became unbearable to their weak neighbors in the south. The most well known campaign of all was Nam Tien (Southward Movement), which aimed at the Kingdom of Champa as their first target. As the campaign became reality, the southern border had been moved south as planned, Ly Thanh Tong (1054-1072), then renamed the country to Dai Viet (Great Vietnam). All of Vietnamese rulers continued to implement this campaign as their highest priority, and their border continued to open up to the south. While struggling for internal power, the Vietnamese always used the conflicts as opportunities to “borrow” neighbor’s territories for regrouping their forces or asking for asylum. When the wars were over, the grantor’s territory and their people would suffer great losses, not Vietnam. Besides, the Vietnamese leaders also used inter-marriage as another means of manipulation to capture their neighbors’ territories. The loss of Kampuchea Krom to Vietnamese was the result of these cunning practices. Champa and Laos have gone through the same experience, and the results were the undeniable facts of the recent world history.

The Decline of the Khmer Empire (1400 to 1867)

From the 3rd to the 14th century there was southward migration of ethnic T’ai (also known as Siam or Thai) from southern district of China called Nan Chau. At the beginning of 13th century, there were the establishments of some small kingdoms in the northern regions of the Khmer Empire.

In 1279, the Sukhotai Kingdom was established and later on became Thailand. In 1353, at the northeast, Lan Xang Kingdom (Laos) was founded. Beyond the far northeast region of the Khmer Empire at the Chinese border, there was an establishment of a new state called Chao Chili by the Ytieh (Vietnam). Until the early 900′s, the state of Chao Chili was a vassal state of the Chinese Empire. After the formations of states and regaining independence, the wars began to take a toll on the Khmer Empire. The Thai moved south from the Sokhotei; the Chams and the Vietnamese from the northeast; causing the Khmer Empire to become very weak. Consequently, their territory became smaller and smaller as time went by. The lastepisode of this tragedy took place when Kampuchea Krom was incorporated into Vietnam rather than Cambodia in 1954.

The Specific Expansion of Viet Nam

Another set back to the Khmer Empire was the southward expansion of the Kingdom of Vietnam. As early as 10th century, Vietnam first began its territorial expansion over the Kingdom of Champa. In early 17th century, they captured the remaining part of the territory, and the Kingdom of Champa was erased from the world map. The Chams’ territory is now simply known as Central Vietnam. During the reign of Tran Anh Tong (1293-1314), Princess Huyen Tran of Vietnam was presented for marriage to the King of Champa as a trap to annex the Chams’ territory.

After the arranged marriage, the annexation was completed as planned, in 1673. A similar scheme was also used against the Khmer Empire. The campaign started in 1623 and continued until they occupied the whole of Kampuchea Krom.

Trinh Nguyen Separatist War (1600 to 1786)

During the Le Dynasty 1600′s, Vietnam experienced internal chaos. The Vietnamese warlords struggled for power and sought full control of Vietnam. The Trinh clan controlled the northern part of Vietnam while the Nguyen has controlled the south. Consequently, the Trinh and Nguyen wars provided the Vietnamese with opportunity to infiltrate the northeast provinces of Kampuchea Krom in the provinces such as Do Nai, Morea and Toul Ta Mauk.

In 1620, the young Khmer monarch, king Chey Chetha II (1618-1628) had fallen into the similar Vietnam’s trap as that of the king of Champa in 1307. The warlord Nguyen Hi Tong (1613-1635) presented one of his exotic daughters, Princess Ngoc Van, to King Chey Chetha II for some favors . Through the Princess’ intervention in 1623, the Nguyen warlord sent his representatives to ask the Court of Udong permission for the Vietnamese to conduct trade in Morea (Baria) and Prei Nokor (Saigon ), and be given custom authorities over trading. Because of marriage to the Vietnamese wife, King Chey Chetha II had no strong reasons to refuse but granted the requests. Some historians agreed that these were the covert acts intended to rob the Khmers of their rights. Later, the Court of Hue, again, used the nice guy’s trick by volunteering their men to assist the Khmer authority in carrying out the policing in the areas. Some documents in Khmer history have cited that at the start of the relationship, the Court of Hue only asked to use certain areas in Prei Nokor to train their militaries for wars against the Chinese and they would be returned to the Khmer authority in 5 years. But at the death of king Chey Chetha II in 1628, the areas of Prei Nokor, Morea, Do Nai, and Toul Ta Mauk were flooded with the Vietnamese warlord . Kampong Srakartrey (Bienhoa) in 1651; Prah Suakea or Morea (Baria) in 1651; Kampong Kou (Longan) in 1669; Tuol Ta Mauk in 1696; Kampong Krabey Prei Nokor (Saigon) in 1696.

In 18 th century, Mac Cuu a Chinese who received a permission from Ang Eum (1710-22) to con- trol the province of Peam (Hatien), Kramounsar (Rachgia) and Koh Tral ( Phu Quoc island ) in 1722. The provinces of Mesar (Mytho), Kampong Reussey (Bentre), Koh Gong (Gocong) and Peam Ba-rach ( Long Xuyen) were lost to Vietnam in 1732. Phsar Dek (Sadec), Long Ho (Vinhlong), Mot Chrouk (Chaudoc) in 1757, Raung Damrey (Tayninh) in 1770, Prek Reussey (Cantho) in 1758. The provinces of Preah Trapeang (Travinh), Khleang ( Soctrang), Pol Leav (Baclieu), and Teuk Khmao (Camau) were siezed in 1775 and until 18th century our motherland Kampuchea Krom was totally controlled by the Vietnamese 1840.

Colonization of Preah Trapeang

During the Tay Son uprising (1779-1796), the Srok of Preah Trapeang had given asylum to the fugitive Vietnamese Emperor Gia Long so that he could reconstitute forces against his own warlord Tay Son. King Ang Eng (1779-96) of the Khmer Empire had also provided a military support to this Vietnamese Emperor as a gesture of a good neighbor. However, after regained throne of Annam from the Tay Son, Gia Long arbitrarily turned the Srok Preah Trapeang into a Vietnamese colony.

During his dynasty (1802-19), king Gia Long started an irrigation project in the Province of Mot Chrouk (Chaudoc). Thousands of the Khmer Krom were forced to dig a canal named Chum Nik Prek Teng (Vinh Te), 53 kilometers long and 25 meters wide, from Bassac River to the Gulf of Siam. During this forced labor project from 1813-1820, many thousands of the Khmer Krom were killed. In one particular instance the Khmer workers were buried alive so that the Vietnamese soldiers could use their heads as stove stands to boil water for tea for their Vietnamese masters. The phrase “Be careful not to spill the masters’Tea” is still well reminded to there Children by all Khmer Krom parents or grandparents.

Before the Canal Project well done, Annamite soldiers held khmer laborers into Pillories, each fillory contained about 20-40 people (they said to prevent Khmer laborers run away from mobilization),at least from 2-5 thousand were locked in pillories located in the canal; the dam was opened, water filled the canal, all Khmer laborers were drowned, no one was survive. (Listen to the Te Ong Anussa´s song that means the Master´s Tea Memo).

The Legacy of Oknha Son Kuy

During the reign of King Thieu Tri (1841- 47), the Khmer Krom were harshly forced to abandon their Buddhist religion, custom, tradition, and language. Oknha Son Kuy (also known as Chavay Kuy), Governor of the Srok of Preah Trapeang, had to give up his life in exchange for those rights. The Vietnamese Court of Hue recognized the facts and agreed to have the imposition lifted. When Oknha Son Kuy as beheaded in 1841, people rose up against the Vietnamese through out the country. The Khmer Krom had to stand alone and faced severely retaliations without any supports from King Ang Doung (1840-59) of the Khmer Empire(It was understandable that at the start of his reign, Thailand and Vietnam often attempted to impose their superiority over the Khmer internal affairs). The body of SON KUY was buried in the capital seat of the Preah Trapeang (Travinh), and his tomb is still standing in Bodhisalaraj ( Kampong) temple until today.

Lam Saum’s Battle (1841-47)

After the execution of Oknha Son Kuy in the province of Preah Trapeang, Tesa Saum, (Lam Saum) a provincial administrator, formed a force in Chab Phleung (Tap Son), Tracu District, to battle against the Vietnamese. His army won a battle in Phnor Don (0 Dung) that resulted a heavy casualty for the Vietnamese. He was later captured on another front, and brought to Hue to be executed. This happened under the reign of King Thieu-Tri, one of the Vietnamese emperors.

Sena Sous’s Battle (1859)

In 1859, the Khmer Krom of the province of Srok Khleang, under command of Sena Sous, stood up to the Vietnamese in the battles of Mahatup and Chong Ballang. During three years of fighting the Khmer Krom won most military engagements in the areas surrounding the province.

Unfortunately A Vietnamese undercover agent, belonging to other ethnic group, had infiltrated his rank joined the Khmer force and became Sena Suos’s most trusted chief. Later, Sena Sous was poisoned by the man (his name was unknown).

Sena Mon’s and Sena Tea’s Battle (1860)

In 1860, under the command of the 2 bothers, Sena Mon and Sena Tea, the Khmer Krom in Srok Khleang once again stood up to the Vietnamese at Lum Pou Year (Thanh Fu). Sena Tea was wounded and died. His body was buried in the Kveng Krobel ( Hung Oh) Buddhist temple in Poll Leav (Bac Lieu) province .

French Domination

In 1856 king Ang Duong secretly contacted the French Emperor Napoleon III through a French Missionary (Monseigneur Miche), he list the Khmer regions in Annamite hands: the DONAI province was lost 200 years ago but Saigon, Long Ho, Phsar Dek, Mesar, Preah Trapeang, Bassac, Mot Chrouk, Kramounsar,Teuk khmao,Peam, Koh Tral, Tralach. He added: “by the chance, if Annamite Would offer any of these lands to yours Majesty, I beg you not to accept them because its belong to Cambodia”.

In 1858, Napoleon III ordered Admiral Doudard De La Grandiere to follow this request. In 1864 king Norodom went to see Grandiere again in Saigon, La Grandiere promise as requested. However, In 1867 Khmer movement (supported by Vietnamese) demanded Cochin China’s independence, So La Grandiere broken his promised with king Norodom.

The Transfer of Cochin China to Viet Nam

On May 21, 1949, the French National Assembly met in Paris to decide over the fate of Cochin China. The decision was to place this territory under Vietnamese control with certain rights for the Khmer Krom were enumerated for the Vietnamese administration to follow. Despite of strong oppositions from the Khmer delegation at the meeting, the Assembly still chose to ignore them. (A Cambodian delegation composed of E.H. Son Sann- Chhean Veam- Thoun Ouk &Son Voeunsai Has been sent to France to protest against that transfer and follow the debate concerning that de-cision). With this situation, a group of French Representatives led by Mr. Gaston Deferre (Mr. Juglas, Abelin, Bourgnes, Maunoury, Duveau, Dumas, Rene, Pleven and Mr.Temple) presented a motion demanding to the French Government of solve preliminary all pending questions between the Protectorate of Cambodia and the colony of Cochin China before to yield that colony to Vietnam.

On JUNE 4th, 1949, the president Vincent Auriol (French) signed the law granted Cochin China to the Bao Dai (Vietnam). Since then, The Khmer Krom people have been legally separated from the motherland Cambodia. They are now considered as Khmer in Vietnam, and as Vietnamese in Cambodia. Khmer Krom had been called or renamed by the Vietnamese as ” Vietnamese of Khmer origin or Viet Goc Mien or Viet Goc Khmer”.

JUNE 4th, the losing day of Khmer Krom land.

During their French domination from 1867-1949, the Khmer Krom people had some relief from struggles against the Vietnamese. The French administration, however, widely used Vietnamese as interpreters, translators, policemen, secret agents, and military officers, while using Khmer Krom as laborers only. Social injustice, wrongful accusations, misunderstandings, and sufferings were a part of the Khmer Krom’s daily lives. No Khmer Krom intellectuals, lawyers, doctors, engineers, generals Or any professionals were produced in Kampuchea Krom during this period. At the same time, the Vietnamese were treated well and got encouragement to go to school to better their lives. On March 9,1945, Japanese took over of French Indochina (Cambodia, Lao, Tonkin, Annam And Cochin China).

On April 17,1945 Vietnam declared Independence led by Prime Minister Tran Trong Kim. Cochin China was controlled by Japan and under administated of Minoda. Japan brought Son NgocThanh back to Cambodia and made him Foreign Minister (June 1,1945).On June 18,1945, Bao Dai declared that he wanted to unity the Tonkin ,Annam and Cochin China under the government of Hue. Son Ngoc Thanh was sent to Saigon to talk with Colonel Hayashi (Japanese Political Department) to keep Cochin China belongs to Cambodia. At the same time (the document cited no dated ) the Khmer Krom of Cochin China and Vietnamese fired each other through out the country. On August 8,1945, Japan ceded Cochin China to Annam. August 14, Son Ngoc Thanh named Prime Minister. On August 14,Japanese surrended the allies forces without condition due to atomic dropped on Hiroshima and Naagashaki by the United States. On October 16,Son Ngoc Thanh was arrested and then brought him to Poitier region of France until October. 29,1951.

In December 1945 and in January 1946, the Vietminh (Vietnamese League Independence or Vietnam Doc Lap Dong Minh led by Ho Chi Minh) persecuted thousands of Khmer Krom. (This event Annam called CAP YOUN means Killed Vietnamese, but the reality was “Khmer Krom were killed by Vietnamese.”) In the villages of Chongmisar thmey (Baso), Chongmisar chas, Kampong Touk, Thlok, Phno Rang, Kampong Toteung etc…of Preah Trapeang (Travinh) province, at least, there were 500 men were put into pillories and threw into the Kampong Toteung river.

In the villages of Dam Kinh, Dam Gioi, Ho Phong, Gia Rai, Kah Mahat and Phno Andeth of Teuk Khmao, Pol Leav and Khleang provinces, the Khmer Krom leaders and intellectuals were called up on to gathering themselves in to the Japanese rice granaries. As the granaries were filled with the Khmer Krom, the doors were ordered to be closed and petroleum was poured upon them. Finally, Annam set Khmer on fire alive. (For more information, please ask Mr. SON SE who is eye evidence of the event when he was young. Presently, he is living in the Philadelphia city of Pennsylvania state) (find out and listen to the song named Chongruk Srauv Anussa THE GRANARIES MEMO).

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The Khmer Krom People

The Khmer Krom people are the inhabitants of the South Eastern parts of Cambodia and Vietnam, where they are an ethnic minority, in the area that makes up the delta of the Mekong River. There are no less than eight million Khmer Krom people around the world; most of them living in different parts of Cambodia, while a little over million are found in Vietnam. The Khmer Krom people speak the Khmer language, which is also the national language of Cambodia.

The Khmer Krom people are mostly Buddhists and those living in Cambodia practice Theravada Buddhism, the oldest surviving school of Buddhism in the world. The Vietnamese Khmer Krom practice Mahayana Buddhism and a small portion of the community also practice Islam and Christianity. Their religious identity separates them from the rest of the people of the Indochina Region.

The Khmer Krom people trace their origins even before the Khmer Empire, and have thought to inhabit their native region since the first century AD. The Khmer Empire lasted from the 9th century AD to the 15th century, and was the most powerful empire in South East Asia during its peak period during the 12th century, particularly when the Angkor Wat was built.

Later, in the 17th century, the Khmer Krom people, who now currently live in Vietnam, were separated from the rest of their community in Cambodia, as Vietnamese settlers occupied the Mekong River Delta region. In fact, the modern day Vietnamese capital of Ho Chi Minh City, was known as Prey Nokor at the time of the Khmer Krom occupation, and was an important port city to the community.

After the French colonization of the region in 1863, the Mekong River delta was included in Vietnam after the independence of Vietnam from the French occupation. Cambodia protested on this step but to no avail, and the division of the Khmer Krom people led to tensions between Cambodia, which gained independence in 1954, and Vietnam, which further paved the way to violent conflicts between the states in the 1970s.

The Khmer Krom people have a rich cultural heritage which could be truly explored by visiting the heart of their homeland, the Mekong River Delta in Cambodia. This is where the cultural values of the Khmer Krom flourished and where you can find most of the cultural attractions that are representative of the people. Attractions like the Khleang Pagoda in Soc Trang, and other sites such as Long An, and Ving Long in the Mekong River Delta offer a good insight into their culture.

The Khmer Krom people also follow their distinct Lunar calendar, based on the Buddhist calendar, the practice of which is thought to have been originated from the Angkor period of the Khmer Empire. The Khmer zodiac however, seems to be an inspiration of the Chinese zodiac, and the local names of animals are associated with years, as is the case in the latter. The Khmer New Year is celebrated mostly on April 13, and sometimes on April 14.

The Khmer Krom people are represented by the Khmer-Kampuchea Krom Federation, which claim to be the only legitimate representative organization of the community and is a member of the Unrepresented Nations and People Organization. Although the organization maintains a non-political stance, but it primarily works to propagate awareness for the rights of the Khmer Krom community and to attract the attention of the world to the Human Rights violations they are facing in Vietnam.

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Empowering Khmer Krom Youths Internationally

The Khmers Kampuchea-Krom Federation Youth Committee (KKFYC) is an active committee of the Khmers Kampuchea-Krom Federation (KKF). The committee represents all Khmer Krom youth groups, clubs, and associations internationally that are recognized by the KKF.
KKFYC is an international youth organization created for the sole purpose of developing activities and programs to fulfil the mission of KKF as an indigenous organization representing millions of Khmer Krom people in the Mekong Delta of Vietnam.....

The KKFYC works in collaboration with members of the Khmers Kampuchea-Krom Federation to bring international awareness and attention to the issue of the Khmer Krom people.

In particular, it aims to promote the use of international law instruments and United Nations treaties to its people across the world, especially in Kampuchea-Krom, to allow the Khmer Krom people to fully achieve their rights to self-determination which is stated, “All peoples have the right to self-determination…” in the First Article common to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Its core representatives are recognized youth leaders at their local and international level and are equipped with working knowledge and vast experience within their communities as well as being active participants at human rights sessions in the United Nations.

In true fulfilment of the term, “Tompeng Khnong Reussey”, the Khmer Krom youths are dedicated individuals found across America, Australia, Cambodia, Canada, Europe, Vietnam, and around the world.

They are the forerunners of the Khmers Kampuchea-Krom Federation organization and play a critical role in fundraising, preparing documentation and delivering speeches at international and local conferences.

As a KKFYC member, you will be involved in a wide range of activities and initiatives to increase the international awareness surrounding the plight of the Khmer Krom people.

Such activities include:

• Empowering  Khmer Krom youth internationally
• Networking Khmer Krom youth group globally

• Bridging the generation gap between the elders and the young
• Preparing younger generation for future KKF's leadership
• Conducting Research, Documentation, and Presentations
• Writing articles and publishing on Khmer Krom websites
• Being major event coordinators/ organisers

We hope that you will join us to help the millions of voiceless Khmer Krom people in Kampuchea Krom achieve their long overdue basic human rights and fundamental freedoms.

KKFYC Team

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About Khmer Krom

STATISTICS By: UNPO

Status: Unrecognised Indigenous Group

Population: 8,240,000

Capital City: Prey Nokor, later named Saigon/ Ho Chi Minh City.

Area: 89,000km² (in Vietnam)

Language: Khmer

Religion: Theravada Buddhism.

UNPO REPRESENTATION

The Khmer Krom are represented at the UNPO by the Khmer Kampuchea-Krom Federation (KKF). They were admitted to the UNPO as a member in November of 2001.

OVERVIEW 

Kampuchea Krom means "Cambodia Below" or "South Cambodia". "Krom" in Khmer also indicates "Southern." The Khmer Krom describe themselves as the “Cambodians of the South”. KampucheaKrom was the southernmost territory of the Khmer Empire. Once known as (French) Cochin China, it is now located in the South-western part of Vietnam, covering an area of 89,000 km2 with Cambodia to the north, the Gulf of Siam to the west, the South China Sea to the south, and the Champa's territory to the northeast. Prey Nokor, later Saigon or Ho Chi Minh City, was one of the most important commercial cities in Kampuchea Krom.

The Khmer-Krom people have inhabited the south-western part of the Indochinese peninsula since 2000 years before Christ. The famous ‘Khmer Empire’ rose to prominence in the 9th century and began to decline in the 13th century. However, ever since the 1600s the Khmer have struggled with their Vietnamese neighbours, and since 1949 their territory has been under Vietnamese administration, much to the detriment of the Khmer Krom. They are denied the right to freely practise their religion and pass on their culture, and are generally treated as second-class citizens. The mission of the Khmer Krom is to seek freedom, justice and the acceptance of the right to self-determination for those Khmer Krom who are living under the oppression of the Vietnamese Socialist government, through the use of nonviolent measures and the application of international law.

POLITICAL SITUATION

Despite regional ties and a close relationship fostered with the peoples living in Cambodia over the years, the territory of the Khmer Krom was incorporated into Vietnam in 1949, rather than into Cambodia. As a result, the Khmer Krom peoples are viewed in Vietnam as Khmer and in Cambodia as Vietnamese. In addition, under the Presidency of Ngo Dinh Diem (1955 – 1963) all Khmer names were changed into Vietnamese, forever altering Khmer identity. Vietnam, until this day, does not fully recognize them as being the indigenous peoples of the Mekong Delta. Over the past decades, the Khmer Krom have suffered from religious persecution, ethnic discrimination and governmental policies taking away their ancestral lands. Khmer people wishing to enforce their rights as laid down by the Universal Declaration of Human Rights often face violence, arbitrary arrest and on occasion, torture.

UNPO PERSPECTIVE The UNPO

strongly supports the non-violent search of the Khmers Kampuchea-Krom Federation for their rights. Even though the Vietnamese government has incorporated key human rights into their national constitution, and even though it has ratified the International Covenant on Civil and Political Rights, the implementation of these rights remains very poor. The UNPO believes that a lack of political will from the Vietnamese government inhibits the human rights of the Khmer Krom from being respected. More specifically, the UNPO believes in the need to put the settlement of land claims higher on the political agenda, and in the importance of drawing more attention to the issues of religious persecution, targeted violence and linguistic repression.

UNPO MEMBER PERSPECTIVE

The Khmers Kampuchea-Krom Federation (KKF) is an organization that represents over eight million Khmer Krom around the world, and has been a member of the UNPO since 2001. The regional officers of the KKF act as representatives of the Khmer Krom people. The leaders of KKF are democratically elected by the officers of the federation. These officers are the presidents of various Khmer Krom Associations as well as community leaders from around the world, including Australia, Cambodia, Canada, France, New Zealand, and the United States. The objective of the KKF is to campaign, with the principle of non-violence, for the recognition of the rights of the indigenous people in Kampuhea-Krom in accordance with international conventions.  

HISTORICAL BACKGROUND

Modern archaeological evidence indicates that the region of the Mekong Delta has been inhabited by the ancestors of the Khmer Krom for thousands of years. French archaeologist Louis Malleret found the site of a city called O-Keo (or Oc-Eo) which is evidence of a Khmer civilisation in the region dating from the first century B.C. The arrival of settlers from India during this time introduced many new elements into the culture of the Khmer Krom which have persisted to this day. In the sixth century, a series of civil wars broke apart what had been the Nokor Phnom Empire, comprised of modern-day Cambodia as well as Kampuchea Krom. After a brief occupation by Sumatran invaders, the Nokor Phnom (Funan) Empire was established in the 8th and 9th centuries B.C. During this period the area flourished, leading to the construction of many famous temples such as Angkor Wat. However, the empire began to decline in the 13th century, culminating in the sacking of Angkor by Siamese (modern Thai) forces in 1431.

During the 1600s, what is now Vietnam was caught up in a civil war between the Trinh Dynasty in the north and the Nguyen Dynasty in central Vietnam. In order to bolster their position, the Nguyen leader enacted a campaign known as “Nam Tien”, or “Southward Expansion”. Through intermarriage the Nguygens gained leverage over the ancestors of the Khmer Krom and obtained the right to build settlements in the area. In 1698, after the death of the Khmer Krom King, there was a mass population incursion of 40,000 Vietnamese, which turned the Khmer Krom into a minority in their own homeland. They set up their own government and embarked on a policy of forced assimilation and domination of the Khmer Krom. Traditional Khmer Krom names had to be changed to a handful of names chosen by the Vietnamese in order to more easily identify those of Khmer Krom origin. From 1813 to 1820, they were forced to dig the Vien Te canal, designed to create a border between Kampuchea (Cambodia) and Kampuchea-Krom. Thousands of Khmer Krom workers, kept in pillories of 20-40 men on the bed of the canal, were deliberately drowned when the canal was flooded. Others who had dared to rebel were buried up to their necks and their heads used to support the kettles with which tea was boiled.

In 1856, the Cambodian King secretly contacted the French colonisers and obtained a promise to help Cambodia reclaim the territory of Kampuchea-Krom. However, France broke this promise and retained the territory for themselves, renaming it Cochin-China. Under the French colonisers, the Khmer Krom were granted a temporary reprieve from outright persecution; however, the French heavily favoured the Vietnamese, utilizing them in the administration of the territory while prohibiting the Khmer Krom from rising above the status of labourers. In 1949, the French National Assembly met in Paris to make a decision regarding Cochin China. Disregarding the protests of the Khmer Krom delegation, on June 4th 1949 the Assembly placed the territory under Vietnamese control. In exchange, a set of Khmer Krom rights was enumerated, and the Vietnamese government was tasked with respecting these rights. However, since that day the Khmer Krom have been denied their right to practise their traditional way of life or preserve their culture.

CURRENT ISSUES

1. Land ownership:

After 1975 the possession of land was made illegal as part of the Land Reform Acts, enacted to implement the Proletarian Revolution. Privately owned Khmer Krom land was confiscated, preventing the Khmer Krom from making a living. After the complete confiscation of the lands, the communist government gradually began selling off the land again, meaning the Khmer Krom were effectively forced to buy back their own land to ensure their survival. Those families or communities that could not afford to buy back their farms became tenants on their own land. However, the government officials or their families kept back the most fertile land for themselves, leaving the Khmer Krom communities to starve. The economic status of the Khmer Krom has largely shifted from land-owners to physical labourers, who are paid on average less than 1 US$ per working day. They are living ten times below the poverty level.

2. Environmental problems:

There are two main problems in zones which have sizable Khmer Krom settlements. Firstly, the salt deposits in the ground are sapping the coastal areas of their fertility. In the district of Duyen Hai the rice yield has decreased by between 50% and 90% within the last 30 years. These salt deposits worsen with the increased use of irrigation systems utilizing the waters of the Mekong. The irrigation canals proliferate in the regions of An Giang, Long Xuyen, Can Tho. Secondly, the destruction of the mangroves due to flooding is an intensifying factor to this problem, which also kills sizable numbers of the population as well as destroys the harvests. These floods are due to the rains of July to October. The resulting swelling of the water of the Mekong is exacerbated by the weak slope of the river, the low dams, the weak drainage and the problem of deforestation, which leads to the loss of lives, harvests and the mangrove swamps.

3. Linguistic restrictions:

The KKF has struggled for years to have the use of Khmer allowed in schools and public places, but the Vietnamese government has remained intractable on this issue and no satisfactory result has been achieved. In many instances, scores of Khmers-Krom have been harassed, jailed, and generally persecuted for speaking, learning or teaching the Khmer language. The Vietnamese authorities severely restrict the publication of books or documents in Khmer. During the presidency of the Republic of South Vietnam (1955-1963), Ngo Dinh Diem ordered that all Khmer names be changed to Vietnamese. As a result of this decree, some of those who worked for the government, including military officers, lost their Khmer identity.

4. Religious restrictions:

In the 1970s virtually all traditional religious activities ceased, due to government restrictions and the harsh poverty endured by the community. The Vietnamese government sought to limit the impact of the traditional Khmer Theravada Buddhism by imposing a long series of restrictions. For example, the government banned the restoration of existing temples as well as the construction of new ones. This posed a serious problem as a vast number of temples had been damaged or destroyed during the Indochina wars, and these temples had functioned as the centre of traditional Khmer village life and culture. Other restrictions included an age limit for ordination into the priesthood and government controls over monetary donations given to the religious institutions by the public. Such actions are readily identifiable as a sophisticated campaign to decentralize, fractionalize and reduce the influence of Theravada Buddhism on the Khmer Krom in Vietnam.

Today, the current authorities have lifted these restrictions to a certain extent, and have allowed the Khmer Krom to resume their religious practices and renovate their temples. However, the Vietnamese authorities still largely view Khmer Krom monks as ‘a threat to national integrity’. Many monks are active campaigners for religious freedom and for land rights, and as such are frequently harassed and imprisoned by authorities. One notable case is that of abbot Tim Sa Khorn, who was arrested in Cambodia in July 2007, deported to Vietnam, and sentenced to prison in November 2007. He had fled Vietnam in 1979 to avoid persecution, and campaigned for Khmer Krom rights from Cambodia, before receiving political asylum in Sweden in July 2009.

KEY QUESTIONS:
1. What are the guiding principles of the Khmer Kampuchea-Krom Federation?

The guiding principles of the peaceful struggles of the Khmer Krom people have been very consistent throughout history. They seek to achieve the following objectives: To take appropriate measures, based on the principles of non-violence, to assure the rights of the Khmer Krom people to fundamental freedoms, human dignity, and self-determination according to the Charter of the United Nations. To protect the culture, religions, traditions and identity of the Khmer Krom people from assimilationist forces. To advocate for the conservation of the natural resources of the Khmer Krom, such as farmland and forests, in the face of illegal and deceitful deprivation. To promote social, economic and intellectual development of the Khmer Krom, both in Vietnam and abroad. To develop peace, harmony, respect, understanding and cooperation between the Khmer Krom people and others, including the Vietnamese people.

2. How has the UN assisted the Khmer Krom in their pursuit of human rights?

Recently, the UN (United Nations) officials in Geneva have been made aware of the religious oppression of the Khmer Krom people in Vietnam, a violation of one of their major human rights. The Khmer Krom are glad that the mountain of sufferings their people have experienced has been recognized for the first time. Much more awareness and action by the world community is needed to ensure that the Vietnamese government abides by international law, if the Khmer Krom people are to be saved from gradual extinction.

3. What are the goals of the Khmer Krom?

The Khmer Krom are the indigenous people of the Mekong Delta. They do not expect anything more than recognition of their legitimacy as a people. Their rights have been decreed by the Charter of the United Nations and by the Universal Declaration of Human Rights, and they demand no more than the rights granted them in these documents.

4. Are the Khmer Krom pursuing an independent state or self-government?

Given the historic interactions between the Khmer Krom and the Vietnamese government, the Khmer Krom would welcome an independent state. However, the Khmer Krom recognize the reality of the modern international situation. Since one of their major objectives is "to develop peace, harmony, respect, understanding and cooperation between the Khmer Krom people and others, including the Vietnamese people", the Khmer Krom people embrace other forms of self-determination. One option would be to self-govern with the involvement of the international community.

5. Are the Khmer Krom under threat from assimilation and loss of identity?

If the current situation persists, the eventuality of total assimilation into Vietnamese culture is not a threat, but a reality. In ‘A History of Southeast Asia’ (1981), D.G.E. Hall’s describes how: "The Saigon area, the Water Chen-la of the ancient Khmer Kingdom, was a tempting field for Vietnamese expansion. It had a population of […] about 40,000 families". From this we see that there was a significant number of Khmer Krom families in the areas around Saigon before the arrival of Vietnamese settlers. These families disappeared completely. Originally, there were about 700 Khmer Buddhist temples all over South Vietnam. However, under the Vietnamese government's hostile policies of assimilation, many temples were destroyed, as were the Khmer communities surrounding them. The number of remaining Khmer Buddhist temples is now reduced to between 460 and 500. The Khmer Krom temples are constantly scrutinized by the agents of the Vietnam Fatherland Front (a branch of the Vietnamese communist government). They strictly limit religious practices and attempt to change the character of Khmer cultural expression in order to assimilate them into Vietnamese culture.

6. What programmes are in place to protect and preserve the culture of the Khmer Krom?

The teaching of the Khmer language and the cultural heritage is still against the law in Vietnam, resulting in the harsh treatment of the Khmer Krom under the Vietnamese government. Consequentially, there are virtually no official programs in place to protect the culture of the Khmer Krom. The Khmer language barely survives in the Khmer Buddhist temples.Official Vietnamese histories offer inadequate explanations to fundamental questions related to the Khmer Krom such as ‘How did Vietnam encroach on the Khmer's land?’ The children of the Khmer Krom, generation after generation, have been misled by Vietnam's educational systems and a low percentage of Khmer Krom children are aware of their true heritage. The Khmer Krom Diaspora is fortunate in that they enjoy the real freedoms provided by their host countries, and have the opportunity to teach their children about their heritage and the true history of their people. The KKF has also submitted a report about Vietnam’s human rights violations to the UN via the Universal Periodic Review Mechanism, and hosts conferences to raise awareness about their plight.

CULTURE AND ENVIRONMENT 
Agriculture

Agriculture is very important in Vietnam. The industry and services sectors are not very well developed. Agriculture is even more important in the Mekong delta, the area where the Khmer Krom people live. The main crop for the Khmer Krom is rice, which yields one crop a year, during the rainy season. The lack of freshwater from other sources restricts the planting of more crops, making the Khmer Krom highly dependent on the rains. While the Viet of the Mekong Delta broadcast or scatter their rice seeds, the Khmer Krom still plant and transplant their seedlings. Secondary crops include shallots and tobacco plants. Another source of nourishment and income is fishing. Both fish and shrimp are caught and then dried to preserve them. Some Khmer Krom are also engaged in trade, selling such items as home-made brooms.

Religion

Approximately 95 percent of Khmers-Krom are Buddhists. They practice Theravada Buddhism, whereas the majority Vietnamese population practice Mahayanna Buddhism or Christianity. The Chams minority group are Muslims, and the Chinese are mostly Buddhists, with some Christians. For centuries, Theravada Buddhism has been part of the Khmer identity and culture. Practiced by virtually all Khmers Krom, Theravada Buddhism influences all aspects of life to a much greater extend than do religions in the West. The Khmer Krom sees Theravada Buddhism as a rational religion, possessing a coherent philosophy, which neither incites violence nor excites passion. Theravada Buddhism shaped the Khmer Krom way of life, guiding the standards of conformity for men, women and children. Religious institutions are responsible for the education and guidance of children.There are more than 580 temples and more than 10,000 monks throughout Kampuchea-Krom. Some temples were built many centuries ago and are still standing today, but many others were destroyed during the wars of the second half of the 20th century. The Khmer pagodas, 450 in the delta of Mekong, play a vital and fundamental role as guardians of the Khmer culture and in the field of education.

Language

Language has been an extremely contentious issue for the Khmer Krom. Though used within Khmer families and communities, the Vietnamese language is proscribed and strictly enforced in the public sphere. However, only 10% of Khmer Krom speak and write Vietnamese correctly. The use of Khmer is highest in rural zones, and it is spoken mainly by the older generations. In urban zones Khmer is strictly used within the personal sphere, and many youths have no functional knowledge of the language. The Khmer Krom have been advocating for the acceptance of Khmer as a minority language and the allowance of its use in public discourse, but this has met with harsh resistance from the Vietnamese governments. Khmer Krom have been harassed, jailed, tortured, deported or persecuted for speaking, learning or teaching the Khmer language, and the publishing of documents in Khmer is illegal unless they contain government propaganda. Source: suonbora.com

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Universal Declaration of Human Rights

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948. Download Khmer version of this declaration.

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people. Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. Whereas it is essential to promote the development of friendly relations between nations. Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom. Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge.

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1:

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3:

Everyone has the right to life, liberty and security of person.

Article 4:

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5:

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6:

Everyone has the right to recognition everywhere as a person before the law.

Article 7:

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8:

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9:

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10:

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11:

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13:

1. Everyone has the right to freedom of movement and residence within the borders of each state.

2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 14:

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.

2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15:

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16:

1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

2. Marriage shall be entered into only with the free and full consent of the intending spouses.

3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17:

1. Everyone has the right to own property alone as well as in association with others.

2. No one shall be arbitrarily deprived of his property.

Article 18:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20:

1. Everyone has the right to freedom of peaceful assembly and association.

2. No one may be compelled to belong to an association.

Article 21:

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

2. Everyone has the right of equal access to public service in his country.

3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22:

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23:

1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

2. Everyone, without any discrimination, has the right to equal pay for equal work.

3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24:

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25:

1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26:

1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

3. Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27:

1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28:

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29:

1. Everyone has duties to the community in which alone the free and full development of his personality is possible.

2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30:

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

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United Nations Declaration on the Rights of Indigenous Peoples

United Nations Declaration on Rights of Indigenous Peoples Adopted by the General Assembly on 13 September 2007. Download Khmer version of this declaration.

Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfillment of the obligations assumed by States in accordance with the Charter. Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such. Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind. Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust.

Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind. Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests. Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources. Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States. Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur. Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs.

Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment. Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world. Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child. Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States.

Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights1 and the International Covenant on Civil and Political Rights as well as the Vienna Declaration and Programme of Action,2 affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development. Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law. Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith.

Encouraging States to comply with and effectively implement all theirobligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned. Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples. Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field. Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples. Recognizing also that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration. Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect:

Article 1:

Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.

Article 2:

Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.

Article 3:

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4:

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5:

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 6:

Every indigenous individual has the right to a nationality.

Article 7:

1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

Article 8:

1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities.
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources.
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights.
(d) Any form of forced assimilation or integration.
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Article 9:

Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

Article 10:

Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

Article 11:

1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.

2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.

Article 12:

1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.

2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

Article 13:

1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.

2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

Article 14:

1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.

2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.

3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.

Article 15:

1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.

2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.

Article 16:

1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.

2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.

Article 17:

1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law.

2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment.

3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary.

Article 18:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 19:

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Article 20:

1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

Article 21:

1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.

2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.

Article 22:

1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.

2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

Article 23:

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 24:

1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.

2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.

Article 25:

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

Article 26:

1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Article 27:

States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

Article 28:

1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.

2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

Article 29:

1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.

2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.

3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.

Article 30:

1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.

2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.

Article 31

1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

Article 32

1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.

2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

Article 33

1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.

2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.

Article 34

Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.

Article 35

Indigenous peoples have the right to determine the responsibilities of individuals to their communities.

Article 36

1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.

2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

Article 37

1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.

Article 38

States in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.

Article 39

Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.

Article 40

Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.

Article 41

The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established.

Article 42

The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.

Article 43

The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.

Article 44

All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.

Article 45

Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future.

Article 46

1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.

2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.

3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

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