A/HRC/16/42
near Boeung Kak Lake in Phnom Penh, illustrates some of these problems. The claimants
challenged the design and implementation of the Land Management and Administration
Project (LMAP), which was designed to support the Land Law of 2001. The project, funded
primarily by the World Bank, “aimed at developing a land policy and regulatory
framework, building capacity of the relevant Government agencies, developing a land
registration system and a titling program, strengthening mechanisms for land disputes and
developing State land management32.”
30.
LMPAP was able to accomplish a number of its goals including the development of
key parts of the legal framework and the issuing of around 1.3 million land titles. However,
“despite these achievements, the failure of the project to tackle fundamental inequities in
the control and management of land meant that it did not improve tenure security for the
segments of Cambodian society that are vulnerable to displacement33 .” Those who had less
formal rights saw their security of tenure undermined: “The recognition of possession rights
in the 2001 Land Law, including the right to convert possession into full ownership through
title, was intended as a mechanism to incorporate this pre-existing tenure system into the
formal centralized system….[However these] legal possessors are accused of being ‘illegal
squatters’ because they do not have ‘hard’ formal title, and this in turn has become a
common justification for eviction….By expanding the reach of the formal titling system,
LMAP has increased the actual and perceived superiority of hard titles issued under the
project vis-à-vis soft titles issued under the pre-existing tenure system. LMAP has thus
unwittingly weakened the tenure status of those households who have been excluded from
the formal system and must continue to rely on their ‘soft titles’ as proof of their rights to
the land34.”
31.
Similar lessons can be learnt from post-disaster situations. Disasters occur in a social
context framed by complex issues of power, politics and longstanding vulnerability and
poverty, including widespread tenure insecurity. Understanding this complexity is
fundamental to developing and implementing successful responses. This is illustrated in the
case of Hurricane Mitch in Honduras in October 1998. According to official estimates
Hurricane Mitch left 21 cities severely damaged, 82,735 houses damaged, 66,188 houses
destroyed and 44,150 people homeless. In addition 123 health centres and 531 roads were
damaged and eight health centres and 189 bridges were destroyed 35 . As a result, an
estimated 1.5 million people were negatively affected.
32.
While people from all economic groups suffered from the effects of the hurricane,
the damage disproportionately affected the most marginalized sectors of the population –
poor women, peasants, indigenous groups. Significantly, many of these had been living
under insecure tenure conditions in irregular settlements and inadequate housing, located in
vulnerable areas exposed to strong winds, flooding and landslides. Although evacuation
orders were issued, many refused to leave their homes for fear of losing their belongings,
with disastrous and often fatal consequences. Vulnerability and in particular tenure
insecurity was both the cause and effect of the disaster for such families. In the absence of
officially recognized tenure rights, people ended up living on the fringes in dangerous
areas, which due to their location were often worst affected by the hurricane. Any postdisaster response measures intended to form the basis for longer-term recovery would
therefore have needed to address pre-existing insecurity, in order to provide a basis for the
full realization of the right to adequate housing.
32
33
34
35
World Bank Inspection Panel, LMAP Eligibility Report, (2010) para. 23.
N. Bugalski and D. Pred, “Land Title in Cambodia: Formalizing Inequality” in COHRE Housing and
ESC Rights Law Quarterly, Vol. 7, No. 2, (June 2010), p. 4.
N. Bugalski, M. Grimsditch and D. Pred, “Land Titling in Cambodia: Lessons from the Land
Management and Administration Project” (forthcoming), p. 11.
Secretaría de Salud de Honduras, Programa de Preparativos para Desastres.
11
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