A/HRC/7/42 page 14 61. Confirming a special report on economic concessions by the previous Special Representative, the Global Witness report adds: “In the mid-1990s, senior government ministers secretly awarded between 30 and 40 logging concessions to Cambodian and foreign-owned companies, giving away 39 per cent of Cambodia’s land area, on terms that greatly favoured the interests of the concessionaires over those of Cambodia. All these concessionaires proceeded to break the law or the terms of their contracts or both. By the end of the decade, they were responsible for most of the illegal logging in Cambodia” (p. 12). According to the report, the company and its associates have committed numerous breaches of the laws: illegal appropriations of public property; intimidation, detention and illegal confinement; attempts to kill; harvesting of forest products without a permit; destruction of property; illegal transport of timber; processing of timber in the forest; corruption of forestry officials; organized crime; extortion from employees of the Forest Administration; evading import duties and export taxes. The principal finding is that this industry is run by a network of alliances and companies that rely on the support of government institutions aided by some senior ministers. The company has committed massive violations of the law, including those concerning State and private property, taxation, and the penal code - with total impunity. Victims of this illicit economy, whether through the appropriation of their property, intimidation or illegal detentions, have no redress. The beneficiaries are a relatively small group of tycoons with political, business or familial ties to senior officials. There is widespread use of police and army. Brigade 70, often described as the personal army of Prime Minister Hun Sen, acts as a specialist provider of transport and protection to the most powerful timber barons (ibid., p. 72). The army itself is involved in illegal logging. D. Land rights and conflicts 62. A study of land transactions shows the consequences of the failure to implement the law and market principles. The subordination of the prosecutors and courts to the will of the Government has resulted in much injustice in land transactions and appropriations (for details, see the 2006 report of the Special Rapporteur on adequate housing, Miloon Kothari12). Forcible and illegal evictions continue unabated. The Special Rapporteur noted that, prior to or during forced evictions, threats, intimidations, and physical violence are used by local authorities and private developers, sometimes in the presence of military and police forces. 63. Land rights are regularly violated with impunity by influential individuals, companies and government entities. Owners are often compelled to accept paltry sums, despite evidence of legitimate tenure or land titles, or to move to alternative sites. These sites are usually devoid of alternative housing, sanitation facilities and medical services, and are usually far from where residents worked, adding much to their survival costs. In a few instances (such as in Koh Pich), and often after a long battle, those evicted were eventually afforded acceptable compensation. Other evictees have simply been dumped onto a wasteland and now live in makeshift camps (for example, in Andong). 12 E/CN.4/2006/41/Add.3.

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