A/HRC/15/47
the attribution with little control of economic land concessions and rapid high-end urban
development.
36.
The Office has been working with affected communities, the Government, civil
society organizations, United Nations agencies and multilateral and bilateral development
actors, as well as private companies, to strengthen the legal framework protecting land
ownership and housing rights, and improve its fair implementation. It recommended a
moratorium on evictions until such a framework is in place. Evictions in rural and urban
areas undermine the efforts by the Government to alleviate poverty, and to improve the rule
of law and governance. If the Constitution, the land legislation and human rights standards
were effectively implemented, many land conflicts or evictions would not take place, and
others would be fairly resolved.
37.
Although there are no reliable figures, land disputes and evictions affect large
numbers of people. The urban poor, small-scale farmers and indigenous communities are
the primary victims. Whilst the land management system has resulted so far in the granting
of over a million land titles, mostly to small-scale farmers, it has not ensured adequate
tenure security for others in dire need, notably poor urban and rural communities, including
indigenous peoples. In the urban sector, OHCHR continued to promote a process whereby
evictions and resettlement, if considered necessary in the public interest, are undertaken
with respect for the rights of affected communities and procedural safeguards. In July 2009
“Group 78” residents were evicted from their land in central Phnom Penh. Many had
official documentation proving their right to land titles under the law. Their attempts to
obtain titles remained unanswered, as did their efforts to obtain redress. The Office worked
with the Municipality in the months prior to the eviction, including supporting peaceful
negotiations with the families right up to the day of eviction, thereby avoiding violence.
The residents were nevertheless forced to leave their houses, albeit with financial
compensation, before their claims to land ownership were determined by the relevant
authorities, in violation of the law and procedural safeguards.
38.
Together with the United Nations Country Team (UNCT), notably UNAIDS, the
United Nations Children’s Fund (UNICEF), the United Nations Development Programme,
the World Food Programme, and with civil society and humanitarian organizations, the
Office worked with the Phnom Penh Municipality and national authorities to promote better
standards of resettlement for 42 families whose members were living with HIV, and who
were evicted and relocated outside the capital in mid-2009. The case provoked a public
outcry, questioning Cambodia’s treatment of persons living with HIV. The UNCT and civil
society organizations entered into a cooperation agreement with the Municipality to share
the costs of the resettlement, which resulted in major improvements in the living and
housing conditions of the families.
39.
In July 2009, on the eve of the Group 78 eviction, a joint public statement by major
development partners (including the United Nations) recommended that the Government
stop forced evictions until a fair and transparent mechanism for resolving land disputes and
a comprehensive resettlement policy are developed. These recommendations echoed those
previously made by civil society, development partners, OHCHR, and United Nations
bodies (the Human Rights Council, the Committee on Economic Social and Cultural Rights
(CESCR), the Special Rapporteur on the Situation of Human Rights in Cambodia, and the
Special Rapporteur on Adequate Housing). During the same month, the Government
announced its plans to adopt a Circular to regulate illegal settlements, and to develop a law
on expropriation and a housing policy. These initiatives were welcomed by the Office,
which pursued its efforts to foster support to help bring them to fruition. The Government
has drawn attention to these components of an emerging legal framework to regulate land
issues, as well as the creation of mechanisms to resolve disputes linked to land (including
the Inter-Ministerial Council for Land Policy, and the Cadastral Commissions).
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents