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

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