A/HRC/21/63
A.
Land and housing rights
25.
Land disputes and forced evictions continue unabated in Cambodia, and feature the
use of force by the authorities and business enterprises. This led to violent clashes with
communities during the reporting period. The high-profile Boeung Kak case saw significant
developments in the granting of land title to more than 600 families. Those excluded,
however, faced violent eviction on 16 September 2011 when, in village 22, the municipality
of Phnom Penh and Shukaku Inc., with the support of the gendarmerie, demolished five
houses (believed to be home to a total of eight families), reportedly without negotiations for
compensation having been concluded. Families were reportedly not given notice of the
eviction, and many lost their belongings in the destruction of their property. There have
been numerous protests and demonstrations by the Boeung Kak community, led by women
residents, and several episodes of excessive force by the authorities. The case is emblematic
of the desperation that communities throughout Cambodia feel in resolving their land
disputes, and the ensuing civil unrest.
26.
Challenges persist in implementing the domestic legal framework governing land
and housing. In early 2010, the Council for Land Policy released a draft housing policy in
which the right to adequate housing was recognized. The policy is yet to be adopted by the
Council of Ministers, however. Two further pieces of draft legislation – a subdecree on
urbanization (proposed by the Ministry of Land Management, Urban Planning and
Construction) and a law on the management and use of agricultural land (proposed by the
Ministry of Agriculture, Forests and Fisheries) – have been published, but it remains to be
seen how they will be harmonized with the existing domestic architecture and the
obligations of Cambodia under international human rights law.
27.
Of particular concern was the forced eviction of villagers from the Borei Keila
community in Sangkat Veal Vong, Khan 7 Makara, Phnom Penh, on 3 January 2012 and its
impact on the affected community. The Special Rapporteur was informed that the forced
eviction was characterized by the demolition of the some 300 homes and resulted in a
violent clash between mixed forces comprising armed police, the gendarmerie, Khan
authorities and employees of the Phan Imex Company, on the one hand, and residents of the
Borei Keila community, on the other. In addition to the trauma and injuries caused to those
present, including some officials, and the immediate humanitarian issues facing the evicted
families, the Special Rapporteur is concerned about the legal and procedural issues related
to the eviction, which are reportedly linked to a lack of implementation of the site
upgrading plan provided for under a 2004 agreement between the Government and the Phan
Imex Company. Most significantly, the Special Rapporteur is concerned that the events
demonstrated an inability on the part of those involved to settle disputes peacefully and a
resort to force by the authorities and communities alike.
28.
Furthermore, the 11 January 2012 incident in which 24 women and six children
from the Borei Keila community were arrested during a peaceful protest outside the Phnom
Penh municipal hall and then detained at the Prey Speu Centre, a social affairs centre, is a
stark example of the continued persecution of individuals and communities seeking to
claim their rights to land. While not all are as high in profile, the Special Rapporteur is
regularly informed of cases of criminalization, harassment and intimidation of human rights
defenders, communities and officials involved in land disputes throughout Cambodia.
29.
Evictions such as that of Borei Keila render many people homeless or place them in
unpredictable housing situations. Communities living in resettlement sites from previous
evictions and relocations report inadequate housing, challenges in gaining access to health
and education facilities, fissures in the family structure and, most notably, significant
difficulties in generating livelihood options. Many communities languish in uninhabitable
resettlement sites a significant distance from the city centre that were never adequately
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