A/HRC/27/70
welcomed the initiatives of several authorities at the municipal and provincial levels to
involve affected families and communities in local land management decisions, including
decisions on resettlement. He is encouraged by the information he received concerning the
land reform efforts being undertaken under the leadership of the new Minister of the
Environment, Say Samal, including the retraction of some land concessions that were not
developed according to plan. The Special Rapporteur notes with satisfaction the Minister’s
reported openness to working with civil society and other partners.
48.
Despite the assurances that the land policies were being executed in full accordance
with the law, the Special Rapporteur continued to receive large numbers of petitions from
individuals and families describing being victim to forced eviction. While the recent
policies and plans hold promise for a resolution to land disputes, they have, to date, been
plagued by a serious lack of transparency, accountability and the absence of an effective
dispute resolution mechanism.
49.
The information brought to the attention of the Special Rapporteur concerning the
cadastral commissions and the National Authority for Land Dispute Resolution from across
the country consistently points to a lack of effectiveness, impartiality and credibility; he has
been unable to find a single study that indicates the contrary. The National Authority has
proven to be largely ineffective in settling land disputes. Although its composition should
also include non-governmental organizations, civil society groups have declined to
participate due to a lack of faith in the institution’s independence and effectiveness. The
Government and the judiciary are often unwilling or unable to regulate the conduct of
private enterprises involved in the agribusiness and fail to provide redress for violations
committed by private enterprises. Many cases submitted to the courts by victims of forced
evictions remain unheard years after complaints were originally filed. The continued nexus
between powerful business elites, political figures and the military, combined with the
absence of an independent judicial system and ineffective dispute resolution mechanisms,
continues to deny many ordinary Cambodians redress for violations of their fundamental
rights or judicious settlement of disputes.
50.
Notwithstanding the great efforts of the Government to address land disputes, and
without prejudice to the merits of the claims, the scale of the problem and the tremendous
underlying sense of injustice, anger and desperation expressed by affected persons to the
Special Rapporteur underscore the need for an independent institution empowered to
resolve land disputes on the basis of a reasoned historical review of the circumstances of
each individual, family, or community claiming unfair treatment and resolution of their
plight. The blanket dismissal of many such claims on the grounds that people are simply
illegally occupying State land or the land of others fails to address the claims of many that
they were forcibly evicted on earlier occasions, leaving them little choice but to move
elsewhere, whether legally or illegally. It also contravenes the human right to adequate
housing, which belongs to all persons, including illegal occupants of land.
51.
The Special Rapporteur is of the view that nearly all the recommendations presented
in his report on land rights continue to be relevant and calls upon the Government to once
again review them with a view to implementing them. The Special Rapporteur supports
maintaining the moratorium on new economic land concessions until a sound policy that
addresses the human rights impact of such concessions is properly implemented. He also
stresses the need to ensure that resettlement sites be fully prepared for human habitation
before persons are relocated there, including by ensuring the availability of clean water,
sanitation facilities, health and education services, and opportunities for earning a
livelihood. Too many relocation sites, including those visited during his last mission in
June 2014, reveal little or no such preparations even years after relocation took place. He
draws attention to the relevant international standards in that regard and calls upon all
levels of Government to abide by them scrupulously.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents