Contents of this letter:

1. Executive Summary 
2. The Southern Cardamom REDD+ Project: Context and achievements for human rights, sustainable development, and forest protection in Cambodia
3. HRW’s allegations and recommendations
4. Wildlife Alliance’s Response and Evidence provided 
5. VERRA and Independent Auditors Quality Review
6. Learnings and looking ahead
7. Addendum – Benefit Sharing

Wildlife Alliance (WA), with the support of its partners, has been engaging with Human Rights Watch (HRW) in relation to the interviews they have been conducting on the Southern Cardamom REDD+ project (SCRP). We have also been supporting a quality review of the project that Verra has undertaken in response to a letter provided to them by HRW, which triggered a suspension of the project on the Verra registry.

In respect to both processes, WA has engaged in good faith, providing comprehensive, evidence-based information, pushing for transparency and clear communication for an objective and comprehensive look at our work based on the full facts and context.

Human Rights Watch engagement

On the whole we do believe HRW has been engaging in good faith, and is motivated by an earnest intent to ensure that the rights of people on the ground, particularly Indigenous people, are fully protected and enhanced by the kind of work we are doing. HRW has both verbally acknowledged to us that the project is generating positive impacts and has recognized the project’s commitment to improvement, including actions already taken by WA.

We have, nonetheless, some serious concerns with how HRW has engaged with us, notably:

• A lengthy period when HRW was not communicating with WA at all and certainly did not respond to our factual rebuttals dated June 23, and August 8, 2023.
• HRW’s effective refusal to meet with WA in the field in Cambodia, despite many requests to do so
• HRW’s failure to acknowledge and incorporate into their allegations a comprehensive view of the project’s full impacts, nor critical elements of project- and country-level context
• HRW’s reliance on inaccurate information, and inability or unwillingness to address strong evidence presented by WA that refutes many of their specific allegations

It was not until we started our verbal interactions in September 2023 that there was a notable evolution in HRW’s allegations. After the September 1 and September 20 meetings, the scope of HRW’s allegations were significantly reduced.

At this time, as summarized further below, HRW’s allegations are primarily focused on the consultation process with, and land tenure situation for, six villages (of 29 total across the project) composed principally of indigenous Chorng people in the Areng Valley – the most remote area of the project.

Overall, the Chorng community (including individuals who have been publicly quoted as critics of the project) strongly supports the SCRP and values the critical benefits the project is providing – including the effective protection of the forest. This support has been abundantly documented in FPIC meetings and video testimonies of community members:

It is also clear that there is important context behind some of the issues raised by HRW – most notably the fact that the Areng Valley was set to be completely flooded by a hydroelectric dam. The dam would have required the forcible relocation of all six villages. After several years of opposition by the community, the dam was canceled in 2015.

Because of the plan to build the dam, the six villages of the Areng Valley did not benefit from the Order 01 BB community land registration that was implemented from 2012-2016 in the 14 other communes. Therefore, when the dam was cancelled in 2015, the land registration had to start from scratch. As of today, the provincial authority has committed to start the land registration of the first commune of Chumnoab in Chhay Areng valley which will lead to precise cadastral measurements to issue private land ownership titles. These issues are discussed in greater detail below.

Verra engagement

On June 19, 2023 we were informed by Verra that they were initiating a quality review of the SCRP under Section 6 of the VCS Registration and Issuance Process and Section 4.7 of the CCB Program Rules, focused on the SCRP’s original VCS/CCB validation (issued on 26 November 2018). The review was triggered by a letter sent to Verra by Human Rights Watch in May 2023, and focuses on the following topics: Free, Prior, and Informed Consent (FPIC) and stakeholder engagement; land rights and land disputes; compliance with protected area laws; and grievance mechanisms.

The SCRP has been subject to three comprehensive audits by independent, reputable, highly experienced Validation and Verification Bodies (VVBs) which have been accredited by Verra. The initial validation and verification audit in 2018 allowed the project to issue and sell Verified Emission Reductions (VERs), and subsequent verification audits in 2021 and 2022 resulted in the issuance of VERs associated with the project’s performance in reducing emissions from avoided deforestation, as well as verified community and biodiversity impacts of the project. These audits were all reviewed and endorsed by Verra in line with its quality review procedures, and all audit reports are publicly available on the Verra website.

From the outset we have had serious concerns about the Verra quality review, which have only deepened as over five months have passed with no clear timeline or process to bring the review to a close. Only after repeated requests in late June did Verra provide an initial road map for the review, under which Verra was to issue a preliminary findings report to the Validation / Verification Body (VVB, in this case Scientific Certification Systems (SCS) by the end of July, after which the VVB would have 60 days to respond. No further information was given at the time about further steps and timeline after receipt of the VVB’s response.

Verra completed its preliminary findings three weeks late (August 21), then set a deadline of November 17 for the VVB response. Verra confirmed on 27 November that the responses from the VVB are under review, and that “we are trying our best to conclude the review as soon as possible.” Verra further indicated that they “won’t be able to give a firm deadline for when this process will be completed… (nor) if any further clarifications/details would be needed from the VVB.”

Meanwhile, as discussed below, the VVB’s responses provide a thorough justification of its prior determinations of conformance to the VCS/CCB standards, which were based on applicable standards of care based on the VVB’s extensive auditing experience, and on the ultimate review and approval of Verra itself.

The absence of clear processes and timelines for Verra’s quality review is causing the project and its stakeholders harm, and stands in contrast to the approach taken by other standards and certification systems to similar matters. Verra’s lengthy process has prevented the SCRP from issuing further VERs that have been generated by our work to reduce deforestation, which negatively impacts the communities who directly benefit from, and overwhelmingly support, the project. This support is freely communicated by the local Commune Chiefs in the form of letters provided to the project (see two examples from Chorng communities, Russey Chrum and Chumnoab, out of eleven that have recently been received), by villagers and local government officials in interviews (see videos below), and in community voting during FPIC (Page 2) where over 98% of community members throughout the project indicated ongoing support for the SCRP.

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Cambodia national context

Cambodia is a country still deeply scarred by the Khmer Rouge genocide which killed 21% of the population between 1967-1979. During this period, the regime destroyed all land records and ownership titles, as well as the institutions of government. The end of the Khmer Rouge regime was followed by years of further civil war that only concluded in 1991 with the Comprehensive Cambodian Peace Agreement. The government institutions of modern Cambodia are only 30 years old.

Within this wider social and political context, Cambodia has struggled to chart a path of sustainable development as it looks to its future. According to Global Forest Watch, Cambodia has one of the highest country-level annual rates of forest loss globally, losing almost 2.5 million hectares from 2001 to 2020 – with more than 500,000 ha of forest lost in its wildlife sanctuaries. Other independent analysis puts the actual forest loss much higher – with 3 million hectares lost just in the ten years between 2010-2020. Critically, much of this forest loss and degradation is occurring in mature primary forests, which hold significant carbon stores and are home to rich biodiversity and keystone species.

Even with the support of international NGOs most of the country’s protected areas lost 30% or more of their forest cover over the last 20 years due to a lack of funding available to adequately enforce protection laws. The majority of forest loss in the region is illegal; enforcement of laws is weak and non-compliance is commonplace in Cambodia.

One of the most poignant illustrations of the relentless deforestation spreading across the landscape is the destruction of Snuol Wildlife Sanctuary (SWS). Forest was lost in SWS at an average of 4.56% per year between 2010-2021^[1], resulting from the building of a national road through the sanctuary (1997) and subsequent deforestation from both Economic Land Concessions and unplanned deforestation, ultimately resulting in the removal (de-gazetting) of protected status in 2018. This can be seen using geospatial imagery in this video.

Driven by land grabbing ranging from large-scale Economic Land Concessions as well as smaller scale efforts sponsored by foreigners, the dynamics driving forest loss in Cambodia have had a devastating impact on Indigenous Peoples and local communities throughout Cambodia, including within other protected areas. Recent new mechanisms to grant land titles to people who can prove residence in a protected area for more than 10 years has also spurred a new wave of illegal land grabbing across Cambodia’s protected areas.

This wider context, and the extent of the threat facing local communities, forests and biodiversity in Cambodia, is well documented in the media (see for example: Cambodian Journalists Alliance Association, Mongabay, and Cambodian Journalists Alliance Association). Even with the formal cancellation of ELCs as a matter of national policy in 2012, WA has undertaken relentless advocacy campaigns before and after that time to cancel ELCs in the Cardamom landscape, resulting in the protection of hundreds of thousands of hectares of land that would otherwise have been converted, with potentially devastating impacts for the surrounding communities.

It is quite clear that both communities and forests in Cambodia are together under substantial, persistent threat. REDD+ efforts such as SCRP offer Cambodia a new development path based on effective forest protection and sustainable community development, underpinned by high integrity NGOs and financially supported by voluntary corporate action. REDD+ is an extremely promising alternative to the status quo and has been demonstrating remarkable results on the ground. Without these efforts, the communities, forests, and wildlife of the SCRP would clearly be facing a radically different reality.

Achievements

Ultimately, the purpose of a REDD+ project is to transform the drivers of deforestation in a landscape, which are fundamentally economic in nature, into durable incentives for forest protection. In order to be successful, REDD+ efforts must make forest conservation an attractive option to communities in an environment with few to no sources of income.

To that end, the Wildlife Alliance has dedicated two decades to supporting the people, the forests and the wildlife of the Cardamoms – a landscape that would have been lost without their intervention. The team has established a deep connection with the local communities, investing millions of dollars into development programs prioritized by the communities to help them prosper, keep the forest standing and the threatened wildlife thriving.

REDD+ Projects around the world have been instrumental in protecting forest and wildlife. In order to be considered as an accredited REDD Project, measurable levels of avoided deforestation have to be proven goal of the REDD+ project is to incentivize communities and governments to keep the forest standing instead of cutting and selling the timber.

The current attacks against REDD+ Projects have resulted in the loss of critical funding necessary for the survival of indigenous people and local communities. Without REDD+, all the tropical forests will be deforested. The REDD+ system is not perfect – and does have areas for improvement – but it has a proven track-record for effective forest protection and developing community livelihoods.

Community consultation and support

The communities of the SCRP have, and continue, to support the project. Since the SCRP was officially announced, the communities within the Project Zone have increased their active participation, gaining a deeper understanding and support of the project and the vital role they play in its long‐term success.

During Free, Prior, and Informed Consent (FPIC) meetings, a majority of community members expressed their support for the project. It is noted that initially, three villages within the Chi Phat Commune had <50% support for the project. WA undertook additional engagement in these villages, after which independent auditors confirmed a 68% approval rate was expressed by community members.

Community support for the SCRP has increased significantly since the first FPIC activities were undertaken. During the most recent round of FPIC meetings between March and May 2023, the SCRP Community Engagement Team held meetings in all 29 Project Zone communities, covering more than 1,000 individual participants. Over 98% of participants supported the project as evidenced in two summary documents – here and here.

Additionally, during June and July 2023, Wildlife Alliance reached out to all of the Commune Chiefs within the Project Zone to ensure they were aware of the draft allegations being made by HRW, to find out if they agreed, and to see whether they continued to support the project. The Commune Chiefs expressed their ongoing support for SCRP, their desire for the project to continue its work and the important contribution the project makes to improving the livelihoods of the people and to protecting the forest. They also expressed their concern that HRW’s allegations are false and arbitrary accusations, made by individuals who do not understand the situation within the communities on the ground.

The Commune Chiefs, as well as the provincial Governor of Koh Kong Province discussed the HRW allegations with their commune councils and decided to provide a letter of support to the Southern Cardamom REDD+ project. Wildlife Alliance was asked to provide a template letter, which we did, making it clear in all cases that the signatories should feel free to change the wording and express themselves in accordance with what they have experienced in reality. So far, we have received 12 letters of support, from 11 Commune Chiefs and the Provincial Governor of Koh Kong Province, of which we share two examples (Russey Chrum and Chumnoab) in Khmer – with English translation below.

This support is reinforced by the testimony of individual community members:

Securing land rights

Wildlife Alliance, working with local communities and the Government, has played a pivotal role in the painstakingly detailed and ongoing work to ensure that the land rights of existing communities in and around the SCRP are accurately delineated, codified and fully recognized.  

WA has engaged in a multiyear effort ‐ prior to and since the inception of the SCRP – to safeguard Indigenous Peoples’ and local communities’ land tenure rights and establish the foundation for long term protection of the state protected areas that encompass the SCRP. These efforts are especially critical in the context of the status quo of widespread forest loss and abuses of community land rights throughout Cambodia.  

As described below and documented extensively, Wildlife Alliance provided exhaustive, diligent multi‐year technical support to the Cambodian government to ensure that the lands of Project Zone communities were accurately delineated and codified prior to the establishment of the SCRP.

Zoning is a lengthy process in Cambodia which necessarily involves extensive consultations with the communities and local authorities so that land is fairly allocated to communities based on prior customary rights and real occupancy on the ground, while at the same time providing clear boundaries to protected forest areas to ensure the effective preservation of community rights, habitat continuity, wildlife migration routes and ecosystem functions.

The result of efforts conducted under Order 01 BB was the delineation and mapping of community area boundaries that enabled the land tenure rights of existing members of these communities to be formally recognized and have access to cadastral land titling, while also protecting those communities and the Protected Areas from illegal ‘land‐grab’ claims. As noted in our most recently verified CCB Monitoring Report, results included:

• Securing community land tenure across 28 villages in 11 communes
• Delineation of 12,248 land parcels covering 28,883 hectares of land
• Benefiting 5,980 families including 3,024 in Project Zone communities

Please see the following for a more complete summary. 

In 2015, consultations were also carried out in 2 additional communes located within the Chhay Areng area of SCRP Project Zone (where HRW has focused its inquiry into the project) which did not fall under the Order 01 BB process (Prolay and Chumnoab) to delineate the community areas, including aerial ortho‐photography, livelihood assessments and house‐to‐house interviews of 342 families (including one further SCRP Project Zone commune, Thmor Daunpov).

In 2016, participatory land use planning was carried out to define the community area boundary for Prolay and Chumnoab. Villages in three additional communes included in Project Zone activities, Tasal, Ruessey Chrum, and O’Som, also fell under the Order 01 process in 2013, although WA did not have a role in the process.

The conclusion of Order 01, and the additional processes described above created clear delineation of community areas, legitimizing and securing the community land rights by officially recognizing the land rights of community members. The official delineation of community lands enabled local authorities and villagers to legally possess their land, freely plan community infrastructure, conduct agriculture and daily livelihood activities, and critically ‐ develop, sell, and exchange land parcels even before the issuance of titles ‐ as permitted under the 2001 Land Law (Article 39). This process effectively transferred ownership of substantial land areas from the state to communities.

Because the existing community zone boundaries had been accurately codified and delineated, the Provincial State Land Management Committee, which is responsible for land registry statistics and land title issuances, was also able to start issuing land titles for the community members ‐ a lengthy and bureaucratic process. Approximately 5,000 land titles have been issued in total to date. 

Following the commencement of the SCRP, Wildlife Alliance has continued to support the Ministry of Environment in the remaining zoning work for the Protected Areas: Between 2016‐2021, the project has conducted 67 land use planning meetings with participation and support from local authorities. Over 1,000 participants have joined land use planning meetings since 2015. These results are reported in our third CCB‐VCS monitoring report in the community monitoring section, and verified by AENOR Internacional S.A.U. This process has helped result in complete zoning maps of the three Protected Areas comprising the SCRP.

In further support of these efforts, the SCRP has installed 1,203 demarcation posts between 2015 and 2021 in line with the established zoning of forest and community areas, which also involved ongoing engagement with local community members. This demarcation clearly highlights community land and helps mark the boundaries of the strictly protected zones which comprise the Project Area and which are reserved for biodiversity conservation and ecosystem services. This work is an  ongoing process as it is a long-term effort given the huge area involved.

As described above and in huge amounts of documented evidence sent to HRW, diligent multi‐year technical support was provided by Wildlife Alliance to the Cambodian government to ensure that the lands of all existing communities were accurately delineated and land rights codified prior to the finalization of the SCRP clear boundaries. This crucial result enabled the land rights of communities to be enshrined in law along with the establishment of the REDD+ project.

Effective forest and wildlife protection

One of SCRP’s most critical activities is the daily work throughout the Project Area, to protect the forest and wildlife of the protected areas that encompass the SCRP. Key results of this work include:

1. SDG 15 (Life on Land): Boots-on-the-ground forest and wildlife protection  through more than 24,000 patrols has resulted in 442,870 hectares of rainforest preserved, 3,058 live animals rescued from hunters’ snares, 175,534 snares removed, 5,624 chainsaws confiscated, and 27,721 logs seized.
   
2. Support thriving wildlife populations in healthy forest ecosystems – SDG 15 (Life on Land): 442,870 hectares of land area are benefiting from improved conservation measures, reducing threats, and improving landscape connectivity for 62 IUCN Red List species, including:
   a) The Critically Endangered Giant Ibis, Pangolin and Siamese Crocodile
   b) The Endangered Asian Elephant, Masked Finfoot, Hog Deer and Dhole
   c) The Vulnerable Pileated Gibbon, Sun Bear, Clouded Leopard, King Cobra, and Box Turtle.

Sustainable development

Through the SCRP, millions of dollars have been invested in Cardamom Rainforest communities, supporting 16,495 people across 29 villages. It has financed roads, bridges, schools, medical centers, 94 safe water wells, and 16 university scholarships. It is assisting local people to develop skills in modern agriculture and small business development and helping indigenous peoples earn $1M from ecotourism – supporting 419 permanent jobs directly and around 5,000 jobs indirectly.

These activities have materially contributed to a wide range of Sustainable Development Goals (SDGs), as verified under the Verra SD VISta standard:

1. Creating sustainable prosperity in local communities alongside a thriving forest ecosystem
   a) SDG 8 (Decent Work and Economic Growth): Over 23,000 international and domestic tourists visited the project’s community-based eco-tourism sites. (One of these visitors was HRW staff member Ms. Luciana Tellez-Chavez, who stayed for 6 days at the Chhay Areng community-based eco-tourism site in 2022.)
   b) SDG 8 (Decent Work and Economic Growth): Nearly $1 million USD in revenue generated through the project’s eco-tourism sites.
   c) SDG 8 (Decent Work and Economic Growth): 243 community members are being employed full-time and other 63 community members are being employed seasonally by the Project
   d) SDG 2 (Zero Hunger): 680 families trained on sustainable agricultural intensification practices.
2. Improved education in local communities
   a) SDG 4 (Quality Education): Over $360,000 in bursaries have been distributed through The Southern Cardamom REDD+ scholarship award program, with 62% awarded to women and girls.
   b) SDG 4 (Quality Education): Over 10,000 community members have benefited from project education events.
3. Improved food security, access to healthcare and clean water in local communities
   a) SDG 6 (Clean Water and Sanitation): 43 water wells installed in 7 communities providing 27,516 people with improved access to drinking water.
   b) SDG 9 (Industry, Innovation and Infrastructure): A new road connecting Kamlot Chay Reap to Sre Ambel has provided hundreds of villagers new access to hospitals, as well as access to markets. 

Emissions reductions

As a result of our effective work to reduce deforestation within the SCRP, we have generated 27.6 million tCO2e of verified emissions avoided to date. 

All of the facts above are documented in publicly available monitoring reports, and have been independently, transparently audited and verified under the Sustainable Development Verified Impact Standard (SD VISta), the Climate, Community and Biodiversity (CCB) standards, and the Verified Carbon Standard (VCS). 

It’s clear that in the context of any reasonable counterfactual situation – what would have happened had the project not been here – the communities, forest, and wildlife of the Cardamoms are all far better off because of the project’s work. 

As discussed later in this letter, we take issue with many of HRW’s comments and exclusion of critical points of fact and context that would, if included, provide a more accurate perspective on the project’s overall impact. Without that context, the HRW comments present a fundamentally misleading and distorted picture of the project, especially in regard to the overwhelming support for the project that the community has expressed and freely expresses. 

Wildlife Alliance has meaningfully advanced human rights, improving sustainable development, and protecting the forest and biodiversity of the SCRP in a uniquely challenging operating environment.

1. Pauly, M., Crosse, W. & Tosteson, J. High deforestation trajectories in Cambodia slowly transformed through economic land concession restrictions and strategic execution of REDD+ protected areas. Sci Rep 12, 17102 (2022). https://doi.org/10.1038/s41598-022-19660-0
2. All data below taken from SCRP Monitoring Report 3rd Monitoring Report (M3), which has been verified by AENOR Internacional S.A.U

Summary
In its latest communication to Wildlife Alliance, dated 06 November 2023, HRW’s top-line allegations claim that:

a) The consultation process with Indigenous peoples impacted by the project was flawed
b) There is a lack of clarity around the boundaries of community lands (including residential, farmland, and sacred sites) and the protected area, which is detrimental to Indigenous peoples’ land rights
c) The lack of clarity and inadequate consultation has led to an undermining of customary land rights
d) The project’s grievance mechanism is inadequate

It is important to note that the scope of the allegations has been substantially reduced since the project provided comprehensive rebuttals to earlier, broader allegations (see here and here). While HRW frustratingly refuses to acknowledge in writing that these rebuttals have substantially reduced the scope of their allegations, the allegations are now mainly restricted to six villages (out of 29 total beneficiary villages involved in the SCRP) located in the Areng Valley, the most remote area of the project.

Fundamentally, many of the issues being raised by HRW tie back to the fact that six villages in the Chhay Areng Valley were going to be flooded by a long-planned, previously approved hydropower dam. All community members would have been forcibly displaced. When the company started its engineering preparation in 2014, bringing on site heavy equipment, the local community boycotted the incoming trucks, and prevented them from conducting any drillings/borings. Thanks to a coalition of local communities and NGOs, including Wildlife Alliance, the dam was canceled in 2015.

Because the dam was not canceled until this time, the Chhay Areng villages did not benefit from the early participatory land use planning (2003-2012) or land measurements (01BB in 2012-2016) that were conducted for the other villages. The lengthy land delineation and community boundary delineation process had to start from scratch. Many of the issues raised by HRW ultimately relate back to this critical piece of context.

Below we provide additional summary information on the allegations shared with us on 06 November, 2023

HRW allegation 1: The consultation process with Indigenous peoples impacted by the project was flawed

• HRW claims that engagement meetings with the communities in the Chhay Areng Valley began taking place in August 2017, “31 months after the start of project activities and after significant decisions about the project’s design and implementation had been taken… to the detriment of the right of affected indigenous peoples to free, prior, and informed consent and customary land rights.”
• HRW claims that “information about the scope, impact, and benefits of the project imparted at the meetings appear to have been inadequate given that residents in the Project Zone repeatedly told auditing firms and Human Rights Watch that they did not understand what the project does, how its boundaries would impact their farmland, or how they stood to benefit from the project.”

HRW allegation 2: There is a lack of clarity around the boundaries of community lands (including residential, farmland, and sacred sites) and the protected area, which is detrimental to Indigenous peoples’ land rights

• HRW claims that final zoning maps for the protected areas encompassing the SCRP have not yet been finalized through sub-decree by the Cambodian government. Because the zoning process is not complete, and because “several communities in the Chhay Areng valley are working to be formally recognized as Indigenous by the government…. The delineation of community land remains unclear even as the boundaries and restrictions of the REDD+ project are in place and vigorously enforced.”

HRW allegation3: The lack of clarity and inadequate consultation has led to an undermining of customary land rights

• HRW claims that “WA and MOE rangers have sought criminal penalties for Chong residents who practice shifting rotational agriculture in the Project Zone and for collecting non-timber forest products in the Project Area.”
• HRW claims that “WA and MOE rangers have also conducted several forced evictions that have left Khmer residents of the Project Zone homeless and destitute.”

HRW allegation 4: The project’s grievance mechanism is inadequate

• HRW states that its “preliminary finding on the grievance mechanism prior to the changes that WA has made was that it was inadequate because people did not feel confidence to use it, fearing retaliation, that the number of boxes was insufficient, that they were not placed in neutral public spaces, and that they were labeled “Suggestion Box.”
• HRW further states that they “welcome the positive steps taken by WA to make the grievance mechanism more accessible to community members. We believe further steps are needed and have elaborated on what those should be.”

Below are HRW’s preliminary recommendations, based on their allegations, to Wildlife Alliance:

Create a prevention, mitigation, and remediation plan, with support from human rights experts, and in consultation with affected individuals and communities, especially Indigenous peoples’ organizations and local communities, that, at a minimum, includes the following steps:

• Engage international human rights experts to evaluate the organization’s current policies and practices to develop a human rights policy and code of conduct to be enforced across all WA operations, in consultation with Indigenous peoples’ organizations and affected, local communities, and nongovernmental human rights organizations.
• Urgently reform the grievance redress mechanism to ensure it is designed, implemented, evaluated, and continually improved upon in a manner that meets the “effectiveness” criteria outlined in principle 31 of the United Nations Guiding Principles on Business and Human Rights and investigate allegations of forced evictions carried out by the Cardamom Forest Protection Program – a program overseen and funded by WA- as well as allegations of seeking criminal penalties for the collection of non-timber forest products.
• Sign binding benefit-sharing agreements with Indigenous Chong people impacted by the SCRP, including support for Indigenous people impacted by the SCRP to secure their land rights, such as informing Indigenous people of their right to seek and obtain a communal land title that recognizes their residential land, farmland, spirit forests, burial sites, and other sites of cultural significance, and covering the expenses of administrative procedures required to obtain the communal land title for those communities that request it.
• Compensate people and families that were victims of forced evictions, arbitrary detention, and unjust imprisonment. Hold accountable rangers of the Cardamom Forest Protection Program implicated in human rights abuses as well as any WA managers implicated in planning, coordinating, or carrying out these abuses, including through internal disciplinary proceedings that may lead to permanent removal of that staff, consistent with the Program’s Standard Operating Procedure (SOP) and WA’s responsibility to address abuses it contributed to.
• Regularly train WA staff on the organization’s human rights responsibilities under the UN Guiding Principles on Business and Human Rights and other standards. Ensure their performance is measured against these standards and that there are disciplinary processes in place that can be used to hold staff accountable if they participate in, contribute to, or enable breaches of those standards.
• Ensure that any technical assistance provided to the Ministry of Environment and other Cambodian government institutions on land use planning results in recommendations that are rights-respecting and contribute to reducing land tenure insecurity, and advance the right to an adequate standard of living and Indigenous peoples’ rights
• Ensure the prevention, mitigation, and remediation plan is adequately resourced by WA to meet its stated goals, including through revenue generated by the sale of carbon credits by the SCRP.

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Broadly, we take issue both with the bulk of HRW’s allegations in its latest letter (dated November 06, 2023) and more generally, with the exclusion of critical points of fact and context that would, if included, provide a more accurate perspective on the project’s overall impact. Without that context, the HRW comments present a fundamentally misleading and distorted picture of the project, especially in regard to the overwhelming support that the community has freely expressed.

We also must reaffirm that the SCRP has not committed forced evictions, sought criminal penalties for the collection of non-timber forest products (NTFPs), or conducted arbitrary searches of houses. We are confident that all operations and actions conducted by the Cardamom Forest Protection Program conform to the applicable laws which respect the rights of all citizens.

A summary of our responses to HRW’s allegations based on its letter of November 06, 2023 are provided below, and our complete response to that letter may be found here. 

HRW allegation: The consultation process with Indigenous peoples impacted by the project was flawed

WA response: HRW’s assertion is false and misleading.

HRW’s allegations is based centrally on its claim that community engagement meetings only began taking place in August 2017, which is factually incorrect. The timeline below summarizes WA’s engagement with the six Chhay Areng villages both to start delineating their community lands and to prioritize, plan, and implement SCRP-related activities.

• In 2014, a hydro dam was planned in the Valley that would forcibly evict six Chhay Areng villages. Therefore, land registration of Chhay Areng’s six villages could not proceed because the villages were going to be flooded. The coalition of local communities and NGOs obtained the cancellation of the dam in 2015, thus preserving the land of the six villages.
• In 2015, the hydro-power dam project was canceled. Therefore, land registration of Chhay Areng’s six villages could now be initiated, which represents the first step in participatory land use planning before the measurements of individual land claims could start.
• From June 30-Aug 5, 2015, WA facilitated Chhay Areng Valley orthophotography with geo-reference aerial photography 0.16 percent resolution 300 meters height to help local communities identify the areas that were traditionally cleared for cyclical shifting agriculture.
• From March 10 to April 28, 2016, the local authority initiated a ground truthing survey to verify the findings of the 36 orthophotographs, with villagers, district, commune, and village authorities, district land management, forestry administration, and WA, to verify the GIS analysis of 36 individual photographs to identify the community areas with the full participation and full consultation from the villagers.
• From Aug to Oct 2015, WA conducted a livelihood survey in the six Chhay Areng villages, with 342 families, to identify preferences for alternative livelihoods. Eighty percent of these families stated that they wanted to stop shifting agriculture and wanted their children to have good jobs. Eighty percent of the families expressed preference for trying the Chi Phat model for Community-Based Ecotourism.
• In Jan 2016, WA initiated a Community-Based Ecotourism (CBET) training process in the communes of Chumnoab and Pralay, using the Appreciative Participatory Planning and Action (APPA) methodology and WA’s CBET model, proven to be successful in Chi Phat.
• In Nov 2017, the official Chhay Areng Community Based Ecotourism Organization was registered as an official CBO at the Ministry of Interior. Its official name is STAR CBET.
• In Jan 2018, the Chhay Areng Community-based Ecotourism was officially launched by the Governor of Koh Kong province. The project was branded STAR CBET. The STAR CBET differentiates itself from Chi Phat CBET by focusing more on tented camping up in mountain areas, whereas Chi Phat focuses more on river kayaking, three-day trekking packages and mountain biking.
• In Dec 2018, the Southern Cardamom REDD+ received its first Validation and Verification.
• From Jan 2017 to 2023, Wildlife Alliance funded in Chhay Areng villages the retrofitting of houses for home stays, training people in hospitality, computer literacy, English, cooking, helping create the STAR CBET booking website and purchasing kayaks, bicycles, tents, portable toilets and showers. The STAR CBET 6  has helped 164 families of Chorng Indigenous People to be direct service providers.
• As of 2023, the Southern Cardamom REDD+ Project has built 22 water wells, 74 toilets, one primary school and one health center, and offered university scholarships to the entire Southern Cardamom 29 beneficiary villages; one student from Chamnar village has applied and been accepted.
• As of October 23, 2023, the REDD+ Project is assisting the Provincial Department of Land Management to conduct (1) land registration for clear community boundaries which will be followed by (2) measurement of individual land parcels which will lead to (3) precise cadastral procedures to issue private land ownership titles. The official launch was announced on Oct 23 by the Koh Kong Provincial Administration with first focus in Chumnoab commune.

There is no question that without the engagement with and presence of the REDD+ project, the communities in the Areng Valley would be in a far worse state – a fact that is openly and broadly acknowledged by the community itself, which has from the start of the project through today expressed support and consent for the project as we have discussed elsewhere in this letter. 

The omission of these critical contextual points, as well as the facts noted above, makes the HRW comments factually inaccurate and misleading.

HRW allegation: There is a lack of clarity around the boundaries of community lands (including residential, farmland, and sacred sites) and the protected area, which is detrimental to Indigenous peoples’ land rights

WA response: 

Effectively demarcating and socializing the boundaries of community land is a necessity when establishing protected areas, which is also the case for the protected areas of the SCRP.  For Areng Valley, this process was delayed because of the plan to flood the six villages by the Sino hydro power dam. Therefore, we have been working tirelessly with those six villages to catch up and bring the six villages of Chhay Areng to the level of the other 14 communities who have benefited from cleared boundaries and land titling during the last two decades. 

The SCRP has installed 1,203 demarcation posts between 2015 and 2021 in line with the established zoning of forest and community areas, which also involved ongoing engagement with local community members. This demarcation clearly highlights community land and helps mark the boundaries of the strictly protected zones which comprise the Project Area and which are reserved for biodiversity conservation and ecosystem services. This work is necessarily ongoing as it is a long-term effort given the huge area involved.

The work demands continuous improvement, which is why as noted above we are committing to take a number of actions, including the establishment of a Community Patrol team and supporting the current land titling effort in the Areng Valley, aimed at further clarifying boundaries as this is a crucial foundation for a harmonious relationship between the communities and the protected areas.   

HRW finding: The lack of clarity and inadequate consultation has led to an undermining of customary land rights

WA response: HRW’s assertion is false.

Regarding the allegation of forced evictions, WA reiterates that there have been no forced evictions carried out by the Cardamom Forest Protection Program (CFPP). In regard to illegal structures found in the Protected Areas throughout the country have been ravaged due to absent and/or ineffective law enforcement, the rangers of the CFPP, led by the MOE Judicial Police and supported by the Royal Gendarmerie Khmer with technical support from WA, have followed specific legal procedures to address the issues explained in letters dated June 23, 2023 and August 8, 2023. 

Before removing an illegal structure found inside the protected area, the CFPP patrol units always provide notice by installing a warning sign and bringing the suspect to the Provincial Department of Environment to establish a reasonable period of time to voluntarily move out (usually up to 2 months). After that period has passed, if the suspect did not comply with the dismantle contract, the patrol unit will inform the suspect that they will be charged under Article 62.1 of the Law on Protected Areas. The MOE JPO will also inform the suspect they have a right to an attorney and will offer to connect him with a volunteer attorney. The suspect will then be apprehended and escorted to the patrol station to complete documentation. All of these legal procedures conform with the Law on Protected Areas and the Criminal Code Procedure, which are in conformity with the Constitution of Cambodia. To further support the suspect’s rights to access a legal representative, the CFPP is now distributing the list of available volunteer lawyers in each relevant province at each patrol station.

Regarding non-timber forest product (NTFP) collection, all community members are going to the forest routinely to freely collect NTFPs. The only exception is Timber collection, for which a MOE permit is required. WA would like to reiterate that the project has not stopped Indigenous people from collecting NTFPs as their traditional practice, as confirmed in repeated interviews with community members (linked below). The tapping of resin trees is indeed considered a collection of NTFPs. The activity is not restricted. 

Regarding “arbitrary search of homes,” CFPP has never conducted an arbitrary search of any individual’s home. The searches of any private property are all in compliance with Article 91 of the Criminal Procedure Code. The JPO leading the search will always obtain authorization from the prosecutor in either verbal or written approval in advance before the search is conducted.

HRW finding: The project’s grievance mechanism is inadequate

WA response: This assertion is false and misleading.

The project has a strong feedback and grievance redress policy and process for resolving complaints in an efficient, fair, and accessible manner, which meets the requirements of the applicable VCS‐CCB standards and has been independently verified.

Any project stakeholder can submit comments or grievances, and they will be addressed in a fair and transparent manner. The grievance policy is outlined in the document “Southern Cardamom REDD+ Project Grievance Redress Mechanism”. This grievance process was described in general at community meetings, and the document has been provided to key locations in the Project Zone. In addition, a summary of the grievance policy was translated to Khmer and posted on the Project information boards located in the Project Zone.

The SCRP strives to minimize the possibility of conflicts and grievances by maintaining close linkages between and collaborating proactively with communities and stakeholders throughout the Project Zone. The Project has an open‐door policy, encouraging community members, stakeholders and employees to visit the Project Office and Project Sub‐Office within the Project Zone.

The WA has also published an email address, phone number and Facebook page that project Stakeholders can use to make comments or voice grievances. There are also field mailboxes located in each of the 29 villages in the project area and hotline cards have been given out widely. 

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Summary

On June 19th, 2023, Wildlife Alliance was informed by Verra that they were initiating a quality review of the SCRP under Section 6 of the VCS Registration and Issuance Process and Section 4.7 of the CCB Program Rules, focused on the SCRP’s original VCS/CCB validation (issued on 26 November 2018). The review was triggered by a letter sent to Verra by Human Rights Watch in May 2023, and focuses primarily, though not exclusively, on the following topics:

• Free, Prior, and Informed Consent and stakeholder engagement
• Land rights and land disputes
• Compliance with protected area laws
• Grievance mechanisms

Verra prepared an initial findings report, dated 21 August 2023, wherein they requested that the validation/verification body (VVB; in this case, Scientific Certification Systems (SCS)), provide details on the VVB’s prior determination that the Project was in conformance with the requirements of the VCS standards in respect to the above topics.

Verra completed its preliminary findings three weeks late (August 21), after which the VVB provided its comprehensive response in compliance with Verra’s deadline of November 17. Verra confirmed on 27 November that the responses from the VVB are under review, and that “we are trying our best to conclude the review as soon as possible.” Verra further indicated that they “won’t be able to give a firm deadline for when this process will be completed… (nor) if any further clarifications/details would be needed from the VVB.”

Summary of VVB responses

The VVB has requested that we do not share details of its responses to Verra and we will respect this request. We have reviewed the VVB response in detail and will simply say that it provides a thorough, comprehensive justification of its prior determinations of conformance to the VCS/CCB standards. The VVB is one of the most respected, experienced, technically capable audit firms in the world, and clearly demonstrates in its responses how its decisions and audit methods were grounded in the best practices and applicable standards at the time of its original audit.

We believe it is crucial for all stakeholders to have the opportunity to review the VVB’s responses, and hope and trust that Verra will do so as it moves to complete its quality review.

As stated in the Executive Summary of this letter, the absence of clear processes and timelines for Verra’s quality review is causing the project and its stakeholders harm, and stands in contrast to the approach taken by other standards and certification systems to similar matters. This is especially concerning to us in light of the clear, comprehensive evidence of conformance with the VCS/CCB standards requirements that the VVB has presented to Verra. We also hope and trust that Verra will complete its review in a timely manner.

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While we disagree with many of HRW’s allegations, we do acknowledge there is space for improvement in this multi-decadal effort to transform the relationship between people and the forest. As part of our dedication to continuous improvement, we will deepen the project’s relationship with Indigenous Chorng community in Chhay Areng Valley. We commit to support them in their efforts to complete the formalization and protection of their land rights, support their long term sustainable community development goals, and ensure that the boundaries of community and protected area lands are unambiguously understood by all. 

We take on board HRW’s recommendations, and as a commitment to best practice we shall in fact go further, taking a number of specific steps both within the Chhay Areng Valley and throughout the project:

1. The project is appointing a new dedicated, full time Conservation Communication Officer whose role will be to travel continuously between the villages and ranger stations to identify complaints, improve communications between villagers and rangers, and help facilitate solutions to any conflicts identified.
   
2. MOE Judicial Police Officers will provide those charged with violations of protected area laws with a list of “Volunteer Legal Counsels” who can provide pro bono legal services to anyone in need.
3. We will begin conducting regular meetings between rangers, project staff, and the Chorng community members to create an additional open forum for airing and addressing grievances, building long term trust and an effective working relationship.
4.  Rangers are required to continuously improve their collection and documenting of evidence during law enforcement operations.
5. In response to a request made by Chorng representatives, the Project will work with the Chorng to establish, train, and support an indigenous Community Patrol team in the Chhay Areng Valley, modeled after the Chi Phat Community Anti-Poaching Unit that has been piloted elsewhere in the Southern Cardamom REDD+ Project.
   
6. We will provide formal human rights training to all Cambodian government rangers and WA staff, and this will be done with the assistance of the OHCHR. Training will follow the UN Guiding Principles on Business and Human Rights. We also want to ensure that staff are trained regarding the importance of human rights due diligence and how such due diligence should be conducted.
7. Following HRW’s recommendation, we have developed a formal Human Rights Policy and will integrate the Human Rights Policy into our existing Code of Conduct 3 and Standard Operating Procedures. WA has retained Gare Smith from Foley Hoag, a well-respected human rights attorney, who has helped us prepare our Human Rights Policy.
8. Based on HRW’s recommendation, we have improved the Grievance Boxes by increasing the number of grievance boxes in 29 villages beneficiaries of the Southern Cardamom REDD+. We have also installed an additional 17 in public locations. We always discuss the grievance mechanism in FPIC meetings to ensure that local communities’ members are aware of the process to submit complaints, suggestions, and/or feedback to the project. The complaints, feedback, and suggestions are noted and taken seriously by the WA. When appropriate, they are shared with relevant authorities so action can be taken immediately to address the issues raised. As noted above, we are further augmenting our grievance and redress system with additional community engagement and conflict resolution mechanisms.
9. The Koh Kong Provincial Administration has launched the land registration for Chumnoab commune in Chhay Areng on October 23, 2023. The goal is to ensure that each family has adequate land to meet their livelihood needs and that traditional land and land uses are fully respected. While WA does not have authority or control over the land titles issuance process (which is under the jurisdiction and management of the Ministry of Land Management within the Provincial Authority of Koh Kong), it will dedicate its leverage (as a major stakeholder in the Cardamoms, with more than 20 years working presence in the landscape), and technical and financial resources to assist the Koh Kong Provincial Administration in this endeavor that aims to establish a clear and fully recognized boundary between protected forest and community land. To the extent that any Chorng communities decide to pursue indigenous community land titling as an alternative to this process, WA will also provide technical and financial support for those efforts by working with the Ministry of Rural Development.

Conclusion 

The Southern Cardamom REDD+ Project has played a major role in advancing human rights, sustainable development, and forest protection in an incredibly challenging operating environment. We are in a multi-decadal effort to shift the social and economic relationship between people and the forest in Cambodia, and help the Cambodian people to benefit by effectively conserving what little remains of its intact forests.

The improvement steps we have committed to are based on a foundation of meaningful achievements won over almost two decades of good-faith, high impact work we have been doing in partnership with communities and government at all levels in Cambodia. 

We do remain concerned that HRW’s allegations continue to lack any acknowledgement of critical context, provide a holistic portrayal of the project’s work, or acknowledge the community’s actual strong support for the project. These and other omissions create a misleading and false impression of the project as a whole. 

We continue to engage with HRW in an effort to ensure that any report it publishes does not include false and misleading information, and presents the work of SCRP, and the community’s actual views about it, in its totality. HRW has a duty of care to the communities which it advocates for, but must recognize that a false and misleading portrayal of the project has resulted in damage and harm to the very communities they claim to be advocating for. 

It is because of the complaint letter sent by HRW to Verra in May that Verra requested a Quality Control Review of the Southern Cardamom REDD+. This has caused 6 months of delay with no end in view. It is clear to us, based on three successful independent audits and, more recently, SCS’s thorough responses to Verra’s quality review draft findings, that the SCRP is and has been in full conformance with the VCS and CCB standards. We remain seriously concerned that the absence of clear processes and timelines for Verra’s quality review is causing the project and its stakeholders harm, especially in light of the clear, comprehensive evidence of conformance with the VCS/CCB standards requirements that the VVB has recently presented to Verra. We call on Verra to complete the quality review on an expedited basis. 

While the SCRP has endured damage to our good reputation because of HRW and Verra’s investigations, ultimately we have used these engagements as an opportunity to stress-test and review our own operations. Nothing we have found in our own review, leads us to question our fundamental track record of accomplishments in service of human rights, sustainable development, and forest protection in the Southern Cardamom rainforest landscape.  

We sincerely look forward to working with all of our stakeholders in service of our ultimate goal: Meaningfully advancing human rights and sustainable development in harmony with forest conservation in the Southern Cardamom rainforest. 

We appreciate your taking the time to read this letter and welcome your continued engagement and support of this vital work.

Yours Sincerely, 

Dr. Suwanna Gauntlett

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In 2023 the project’s community development and alternative livelihood programs received $2,045,733 – accounting for 36% of the annual project budget.

These are the funds distributed directly to communities through the REDD+ Funding Disbursement Committee (described below). The project also finances many other activities that benefit local people. For example, 215 community members are employed full-time by the project, and the project funded the community-based ecotourism initiative which has generated a further $1 million in revenue for the community since the project began.

More information on the project’s financial structure, and community development and alternative livelihood programs can be found below.

Gross carbon revenue

Proceeds from the sale of Verified Emission Reductions (VERs) from the project are distributed in a three-stage process. This is governed by legal agreements between the project proponents (Royal Government of Cambodia, Provincial Government of Koh Kong Province, Wildlife Alliance):

1. First paid are the expenses of selling VERs. These include Verra’s issuance fees and the marketing commissions. This accounts for approximately 12% of gross carbon revenue.
2. Second paid are the operating expenses incurred in implementing the Annual Project Workplan, which are the community development and forest protection activities that are essential for reducing deforestation (and therefore preserving and generating VERs).
3. If revenues exceed pre-planned project costs in a given year, the Project reserves 5% into an operating reserve.
4. The remaining money is distributed amongst the Cambodian government, provincial government, and project proponents.

Annual Project Workplan

At the beginning of each year, the project’s budget and activities are detailed in an Annual Project Workplan which is co-developed by local communities, the Ministry of Environment and Wildlife Alliance.

The Workplan is designed to consider the laws that govern forests in Cambodia and to ensure equal opportunity for all stakeholders, particularly members of the 29 local and Indigenous communities the project works with. The Workplan is developed through consultation with these stakeholders. Best practices to safeguard inclusion and equal opportunity are applied throughout, which is closely monitored in the project’s Monitoring and Evaluation processes and regularly audited by third parties.

The Workplan includes the community development and alternative livelihood programs. In 2023, these programs received $2,045,733 which constituted 36% of the Workplan budget.

Other activities in the Workplan include conservation enforcement, annual carbon measurements and monitoring, and an independent audit by a Validation/Verification Body (VVB).

Community development and alternative livelihood programs

Community activities and expenditure are determined through consultation with local leaders, including village and commune chiefs and elected council members. They work with their communities to identify needs and make suggestions for how money from the project should be spent. This community-driven approach ensures that REDD+ funds directly benefit those who rely on the forest for their livelihoods.

The project announces an open call for proposals in commune halls across the 29 communities. At commune meetings and on notices around the villages, project staff outline the available funds, deadline for submission, proposal template and contact information. Communities can vote for activities that have worked well elsewhere, or propose new activities that align with the project’s goals.

Selecting which proposals to fund is a crucial step for the project’s effectiveness, equity and inclusivity. To ensure this, a REDD+ Funding Disbursement Committee follows a selection process that considers key criteria, including:

• Vulnerability: Communities experiencing poverty, food insecurity, or limited access to clean water and basic services related to health and education.
• Forest-dependence: Communities with the highest dependence on forest resources for their livelihoods.
• Deforestation risk: Communities facing the greatest threat of deforestation.
• Conservation commitment: Communities demonstrating a strong track record of protecting the forest.
• Project alignment: Communities whose proposed projects align with the REDD+ goals and benefit-sharing plan

Wildlife Alliance is responsible for funding the implementation of the REDD+ Funding Disbursement Committee’s decisions. If an unforeseen shortfall occurs, Wildlife Alliance uses money from the project’s operating reserve whenever possible.

Since Verra’s suspension began, Wildlife Alliance has had no choice but to significantly reduce spending from the operating reserve to try and protect the future of the project.

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