A/HRC/45/51/Add.1
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All types of social land concession programme: a total land area of 1,351,722.28
hectares given to 485,071 families and 7,769 houses built for people; currently,
concessionaires occupying 6,311 houses or 87.22%.59. LGBTIQ
people
in
Cambodia often work in certain marginalized sectors, which prevents them from
escaping the cycle of poverty. This is exacerbated by widespread family rejection and
exclusion in schools and the wider community. CCHR’s study and other research also
indicated these narrow career sector choices might also partially result from
internalized self-limitation developed by transgender women within the wider context
of social discrimination.
Paragraphs 32 and 33
60.
Cambodia is a leading country in recognising the land ownership rights of indigenous
communities; and collective land ownership is guaranteed by the Constitution of the
Kingdom of Cambodia and the 2001 Land Law. According to Article 25 of the Land Law,
“The lands of indigenous communities include not only lands actually cultivated but also
includes reserved necessary for the shifting of cultivation which is required by the
agricultural methods they currently practice and which are recognized by the administrative
authorities. The measurement and demarcation of boundaries of immovable properties of
indigenous communities shall be determined according to the factual situation as asserted by
the communities, in agreement with their neighbors.” Based on this Law, the RGC developed
a policy on land registration and land use rights of indigenous communities and established
Sub-decree No. 83, dated 9 June 2009, on Land Registration Procedure for Indigenous
Communities. Therefore, indigenous peoples who have been organised into communities are
legally recognised as legal persons. There are community internal regulations stating the
management and use of collective land in their traditional ways; they may request for the
registration of all plots of their land at the Offices of Land Management, Urban Planning,
Construction, and Land Management of Cities, Districts, Khans where the communities are
located. Plots of community land recognised by the administrative authorities and neighbours
must be registered as community collective ownership, except for those being protested by
third parties.
61.
Collective ownership has the same rights and protections as private ownership, for
example, the right to inheritance, the right to use and enjoyment [of property]; however, the
communities have no right to dispose of collective land that is state public property to any
individual or group. In the event that any community member leaves the community, an
appropriate portion of land used by the community which is of a state private share will be
transferred exclusively to that member. The communities have the right to use and enjoy the
state public land according to their traditions. On 3 July 2020, the RGC decided to assign the
Ministers of Environment, Agriculture, Forestry and Fisheries, Land Management, Urban
Planning and Construction and sub-national administration to clear land and provide land
titles to people who have occupied and enjoyed the land for years in the map of the naturally
protected areas and forest land. To this end, the Ministry of Land Management, Urban
Planning and Construction issued Decision No. 039, dated 20 July 2020, establishing a
commission on the registration of state, private and indigenous community land, resolving
land disputes, and developing land use plans in Mondulkiri province, for the purpose of
expediting the registration of state, private and indigenous community land.
62.
As a result, the RGC, with the Ministry of Land Management, Urban Planning and
Construction serving as its staff, has made its efforts to register the indigenous community
land. There were only nine indigenous communities in 2016, and now, in the first half of
2020, there are up to 30 communities. The RGC is committed to the registration of land for
ten indigenous communities a year.
Paragraph 33
63.
According to the Protected Areas Law of 2008 stated in Articles 11 and 22 as follows:
11
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