A/HRC/21/35
32.
OHCHR closely monitors the impact, from a human rights perspective, of the
Government’s granting and management of economic and other land concessions. Cases of
focus included concessions granted within protected areas, such as national parks, wildlife
sanctuaries, protected forests and areas inhabited by indigenous peoples. On 7 May 2012,
the Prime Minister issued a regulation imposing a moratorium on the issuance of new
economic land concessions and greater scrutiny of existing land concessions with a view to
protect the interests of communities, a development welcomed by OHCHR. Nevertheless,
the procedures for implementation of the regulation have been unclear and are, in some
cases, prone to irregularities.
33.
Owing to the uneven application of the relatively well-developed legal framework
governing land and housing rights, demonstrations and protests by affected communities in
the capital and provinces became increasingly common during the reporting period.
Although peaceful forms of protest and solidarity continued, the increasing use of tactics
such as public nudity, the burning of effigies, the blocking of main roads, the destruction of
company property, the seizure of illicit timber, violent confrontations with authorities and
business actors (including one instance of hostage-taking) and the chaining together of
protestors, reflected the increasing frustration of the landless population.
34.
OHCHR repeatedly intervened to monitor demonstrations and protests with a view
to prevent violence, and to secure the release of persons wrongfully accused or arbitrarily
detained as a result. Of the 63 land disputes in which OHCHR was involved, the Office is
aware of 182 people who were questioned by the court (some incidents pertained to longstanding land dispute cases), mostly on charges of disinformation, the obstruction of public
officials with aggravated circumstances, illegal possession of unmovable property (land)
belonging to public legal entity (the State), destruction of property and encroachment on
forest land. In some cases, the charges were pending in the court and cases were
continuously reactivated, while in others, people were detained. OHCHR advocated the
application of due process of law, which, in certain cases, resulted in the release of
individuals.
35.
Women, the elderly and children are often on the front line at protests because
communities surmise that such categories are less likely to be targeted by the authorities.
There have, however, been increased cases of violence against women in the context of
demonstrations and of arbitrary detention of female protesters. Women continue to suffer
disproportionately in eviction and relocation processes, which have a heavy impact on
family livelihoods and domestic responsibilities. Domestic violence at resettlement sites is
reportedly widespread, as is unplanned parenthood.
36.
OHCHR works to assist in the further development of procedural and legal
safeguards, as well as to promote their implementation. In early 2010, the Government
released a draft housing policy, which is still awaiting approval by the Council of Ministers.
OHCHR stands ready to support the implementation of the policy with the Ministry of
Land Management, Urban Planning and Construction. OHCHR provided comments on
between 1,000 families and provincial authorities (garden project); in Samlot district, Kampong Lpov
commune, a dispute between 78 families and a military operation in region 5, and in Kos Krolor
district, Daun Bar and Preah Phos communes (three cases), a dispute between 550 families and
multiple military personnel; in Banteay Meanchey province, Poipet town, a dispute between 943
families and the Asian Development Bank Railway Rehabilitation Project; in Phnom Penh city, Borei
Keila community, a dispute between 1,776 families and the Phan Imex Company, and in Trapeang
Anchang community, a dispute between 148 families and local authorities involving the Asian
Development Bank Railway Rehabilitation Project.
10
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