A/HRC/27/43
41.
The Government reported in April 2014 that almost 2.3 million land titles had been
delivered under the country’s Land Administration Sub-Sector Program throughout 24
provinces. OHCHR case work is specifically focused on the promotion of tenure security
and the prevention of eviction and resettlement, including the promotion of equitable
consultation processes, the securing of adequate compensation and, when necessary, the
improvement of planning for relocation. Living standards at relocation sites, including
access to employment and basic facilities and services essential for health, security and
nutrition, were assessed. Conditions at relocation sites monitored by OHCHR generally
remained poor. OHCHR advocated for the right of access to safe water and sanitation and,
in collaboration with local civil society organizations, provided water filters to 190 families
in seven communities who were identified as urban poor communities lacking appropriate
sources of clean drinking water.
42.
On the promotion of indigenous peoples’ land rights, OHCHR worked closely with
the Ministry of Rural Development and the Ministry of Interior. In collaboration with ILO
and other development partners, it monitored and supported efforts nationwide by
indigenous peoples to organize and obtain recognition as legal entities, and to apply for
collective land titles, as set out in domestic law. The process for applying for communal
land titles is complex, expensive and slow and thus inaccessible for most indigenous
communities. Significant gains have been made in granting recognition to indigenous
communities as legal entities by the Ministry of Rural Development. Nevertheless, the
exploitation of land inhabited by indigenous peoples, including through the granting of land
concessions, has outpaced the establishment of secure tenure for most communities. The
State regularly fails to consult with indigenous peoples or to obtain their free and informed
consent prior to adopting administrative measures or projects which may affect the
enjoyment of their land and other rights. The Land Law, which gives a legal basis to
indigenous identity, also recognizes the State’s right to issue land concessions; between the
competing demands of protecting the legal identity of indigenous peoples 3 and granting
economic land concessions,4 priority has been given to land concessions.
43.
Where necessary and possible, OHCHR provided legal assistance to communities in
completing registration as legal entities with the Government, and to submit their
applications for collective land titles. For instance, OHCHR provided financial and
technical support to three communities of Suoy indigenous people in Aoral district
(Kampong Speu province), one Por community in Samlot district (Battambang province)
and seven Phnong villages in Bousra commune (Mondulkiri province). OHCHR coorganized, in April 2014, the National Workshop on Indigenous Communal Land Titles
3
4
The number of communal land titles issued to indigenous communities since 2001 amount to eight,
according to the German Agency for International Cooperation (GIZ). GIZ has been providing
capacity development to the Ministry of Land Management, Urban Planning and Construction and
supporting the design and implementation of the Cambodian Land Administration, Management and
Distribution Program.
For details, see: http://giz-cambodia.com/wordpress/wp-content/uploads/FactSheet-Land-Rightsfinal-09.01.pdf.
In contrast, the number of economic land concessions granted since 2001 number in the hundreds.
The Ministry of Agriculture, Forestry and Fisheries has stated that 118 economic land concessions
were issued, covering a total of 1,204,750 hectares, prior to the ban in May 2012 (see
www.elc.maff.gov.kh/). NGOs such as Open Development Cambodia and LICADHO estimate that
the true number is far higher. Open Development Cambodia estimate that 343 economic land
concessions have been issued (see www.opendevelopmentcambodia.net/company-profiles/economicland-concessions/). LICADHO estimates that a total of 2.1 million hectares of land has been
transferred mostly from subsistence farmers into the hands of industrial agriculture firms (see
www.licadho-cambodia.org/concession_timelapse/).
11
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