A/HRC/42/60
Floating villages on Tonle Sap
40.
First, the Tonle Sap floating communities in Kampong Chhnang, who are affected
by relocation plans, brought to light important discrepancies between the way the Khmer
communities and those of Vietnamese descent are treated. The authorities have undertaken
the relocation to conserve biodiversity and the environment, reducing pollution and so
directly promoting the Sustainable Development Goals, in particular Goals 14 and 15. The
people affected most are poor and at risk of being left behind. Many are now living at
temporary (and some at permanent) relocation sites.
41.
The Special Rapporteur noted that some of the relocation sites lacked safe water,
sanitation, electricity, transport infrastructure and sufficient access to appropriate
livelihoods to support an adequate standard of living for the communities. She welcomes
the fact that, before her visit in November 2018, the local authorities suspended the
relocation of the ethnic Vietnamese to a location called Damboh Krakas in order to improve
access to economic and social rights. Further suspensions were secured during provincial
meetings in May. That is appropriate to ensure that these communities are not left behind in
efforts to fulfil the Sustainable Development Goals.
42.
However, since her mission in May 2019, the Special Rapporteur remains concerned
at the situation in the temporary relocation sites. In addition to the issues identified above,
she was deeply concerned that the level of solid and plastic waste and non-secured
wastewater at temporary relocation sites, especially at Chhnok Trou commune, would lead
to serious pollution when the water rises, creating a negative impact on the rights to health
and to water of the inhabitants. She was also concerned that many of the relocated houses at
the temporary sites and even at some of the permanent relocation sites are currently below
the high-water line but may no longer be able to float when the water inundates the land,
raising concerns about the right to adequate housing. The Special Rapporteur is also
concerned about the fact that people have been relocated inside the inundated forest that is
considered a biosphere reserve by the United Nations Educational, Scientific and Cultural
Organization (UNESCO). She recommends that the relevant authorities ensure that the
conditions at all relocation sites, both temporary and permanent, respect the economic and
social rights of the individuals and communities as a matter of urgency.
43.
The Special Rapporteur highlights the especially vulnerable situation of ethnic
Vietnamese families who have been living in Cambodia for generations but lack citizenship
and administrative documentation. Not only are they more affected by the relocation than
the Khmer communities who can have access to land equipped with better facilities (roads,
electricity, water), but the lack of administrative and citizenship documents adds an
additional risk where documentation is needed to access social rights. The Special
Rapporteur welcomes the efforts of the Government to provide the ethnic Vietnamese with
documents, including permanent immigration cards, but raises the issue of the absence of
rights attached to their possession. Children in ethnic Vietnamese communities might not
be able to gain access to schools, as they cannot get birth certificates, thus denying their
right to education. 12 Given the vulnerabilities of this community, specific attention is
needed to address their rights to ensure that meeting some of the Cambodian Sustainable
Development Goals related to the environment and biodiversity protection does not result
in the denial of other social rights and of the Cambodian Goals related to healthy lives,
quality education, water for all and reduction in inequality. For the Vietnamese
communities, fulfilling target 16.9 of the Sustainable Development Goals on providing
legal identify for all, including birth registration, is essential.
Drug users
44.
A second example of people at risk of being left behind concerns drug users, the
subject of a national anti-drug campaign, launched in January 2017. Combating organized
crime, including in the field of drugs, is important and is recognized in target 16.4 of the
Sustainable Development Goals (although the Special Rapporteur notes that the Cambodian
12
See, inter alia, UNICEF, Inclusion and Quality in Islamic Schools, Buddhist Monastic Schools and
Floating Schools (June–September 2018).
11
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