A/HRC/24/36
first session of the Human Rights Council.5 The aim of the report, which followed the 2004
and 2007 reports of previous mandate holders on this theme, was to improve awareness
about the lack of compliance with the legal and policy framework governing the granting
and management of land concessions, information on the use of protected areas (location,
size, use), and the lack of evidence of economic benefits of land concessions for the
majority of Cambodians.
55.
Since the presentation of the Special Rapporteur’s 2012 report on economic and
other land concessions, the Ministry of Land Management has made progress in attempting
to address long-standing land disputes and improve tenure security for families living on
and around land concessions by devoting human and financial resources to measuring land
and providing titles. There was little progress, however, on developing an improved system
for the granting, management, reporting and cataloguing of economic and other land
concessions with the Ministry of Agriculture, Forestry and Fisheries and other ministries,
and the issues of access to information and transparency highlighted in the report of the
Special Rapporteur remain of concern.
56.
Despite the progress in registering land in rural areas under the Prime Minister’s
initiative, there were a number of concerns with this process as well. Foremost of concern is
the connection reportedly drawn by authorities in a coercive fashion between the provision
of land titles and the outcome of the elections. In addition, it is not clear, for example, why
some land is being measured and other areas excluded. This resulted in a number of
communities making appeals to the Prime Minister directly. For example, communities’
land associated with the sugar plantations, which benefit from the European preferential
trade agreement (Everything But Arms) in Koh Kong, Oddar Meanchey and Kampong
Speu provinces, have reportedly not yet had their land measured. In addition, NGOs, which
often fill a gap in explaining rights and procedures to communities, were barred from
monitoring the process, contributing to confusion in some cases. In addition, there have
been reports of encroachment by concessionaires of land already in the process of titling,
for example by the Pheapimex Company in Pursat province and the Kao Su Ea Lev rubber
company in Ratanakiri province (involving Jarai indigenous peoples). In some cases
disputes have been violent, such as involving a clash between representatives of the DM
Group rubber plantation and the military in Ratanakiri province, which resulted in multiple
injuries to community members.
57.
It appears that the Government, at least in the short-term, is only making slow
progress in implementing the well-developed domestic legal framework which recognizes
indigenous peoples’ right to collective land title. At least in the short-term, it seemed that
the indigenous land titling programmes were being deprioritized, and resources diverted
from the Ministry of Land Management, Urban Planning and Construction. There have
been reports of intimidation, harassment and coercion of indigenous peoples in some cases,
and in other cases confusion among some indigenous individuals who opted for private land
title without fully understanding their rights to communal land title. Affected villages
include those of the Suoy peoples in Kampong Speu province, the Jarai, Tumpoun, Krung
and Kachak peoples in Ratanakiri province, the Phnong and Stieng peoples in Mondulkiri,
and the Kuy people in Preah Vihear.
58.
In another case of concern regarding the construction of a dam by Hydropower
Lower Sesan 2 Company Ltd. (of the Royal Group of Cambodia in partnership with
China’s Hydrolancang International Energy Co. Ltd. and Viet Nam’s EVN International
Joint Stock Company), there are reportedly inadequacies regarding consultation on the
5
16
“A human rights analysis of economic and other land concessions in Cambodia”
(A/HRC/21/63/Add.1/Rev.1 of 11 October 2012).
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