A/HRC/30/30
001 land titling campaign has achieved remarkable results since 2012. At the end of the
period under review, the Government estimated that land titles had been provided for 55 per
cent of the country’s estimated 7 million parcels of land.
40.
At the same time, OHCHR registered forms of adverse impact of the land titling
process on indigenous and other communities who claim to have lost land as a result of
inconsistent implementation of government policies. During the period under review,
OHCHR monitored 70 ongoing and unresolved land disputes among affected communities,
authorities and businesses in both rural and urban areas, and six new cases. Of the 70
disputes, 28 were related to economic land concessions and other land concessions granted
by the Government, while 42 related to other land transactions. OHCHR activities in this
area included field visits, the facilitation of dialogue among the parties in dispute, trial
monitoring, and providing communities and civil society organizations with legal and
procedural advice.
41.
In 18 August 2014, the Government created an interministerial commission to
inspect, demarcate and assess economic and concessions, mandated to examine economic
land concessions and to revoke contracts where companies failed to comply with the
conditions and terms set forth in their contracts. According to government data, as at April
2015, the commission had reviewed 230 concession projects, of which 117 concessions
were under the jurisdiction of the Ministry of Agriculture, Forestry and Fisheries and 113
under the jurisdiction of the Ministry of the Environment. The commission revoked 34
concessions, readjusted the boundaries of six, and placed 26 companies under review. Five
business enterprises voluntarily returned concession land to the Government. Despite this
positive step, access to information and a lack of transparency and accountability in the
management of land concessions still posed significant problems. In addition to its
monitoring activities, OHCHR continued to provide support for a non-governmental opendata source that posts on one website information on land concessions by province and by
company, and includes briefings on relevant thematic issues.
42.
OHCHR expanded its focus on business and human rights, working directly with
national and subnational authorities, civil society organizations, community representatives
and business actors to increase their understanding of the Guiding Principles on Business
and Human Rights and their application in Cambodia. In partnership with nongovernmental organizations, OHCHR organized and delivered presentations at 12 seminars
and consultations, attended by almost 1,000 representatives of government agencies, private
businesses, non-governmental organizations and indigenous and other communities
throughout Cambodia. OHCHR supported capacity-building activities aimed at improving
access of civil society organizations to non-judicial mechanisms for addressing businessrelated human rights impact at the operational, national and international levels.
43.
OHCHR continued to work with the Ministry of Land Management, Urban
Construction and Planning, local governments and civil society organizations to support
efforts by indigenous peoples to apply for collective land titles, and to provide legal aid to
communities who have suffered from land rights violations. As at May 2015, 166
indigenous communities had begun the process of applying for communal land titles, 116
of which had been registered by the Ministry of Rural Development. As at June 2015, only
eight communities had been successful in obtaining a communal land title. The application
process remains complicated and expensive for those communities that do not receive
substantial technical and financial assistance from civil society organizations. The dispute
resolution mechanisms in place, including the courts, continued to handle indigenous and
other land issues inconsistently, without transparency and with limited accountability.
OHCHR contributed to advocacy to protect indigenous peoples’ land rights and cultural
and linguistic rights with the authorities and through the media.
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