A/HRC/4/36 page 16 A. Economic land concessions in law and practice 68. Economic land concessions are large-scale industrial-agricultural plantations granted by the Government to individuals or companies to promote economic growth and increase employment in rural areas. Notwithstanding this, the World Bank’s Cambodia Poverty Assessment 2006 found agricultural productivity to be low. To promote growth and equity, it recommended smallholder agriculture, rather than the current model of large concession or plantation-based agriculture. 69. It is clear that economic land concessions have not had tangible benefits in rural areas but instead have deprived communities of vital sources of livelihoods, thus aggravating and worsening their already difficult situation. It is also clear that the grant of economic land concessions has increased the accumulation of property and wealth in the hands of those with political or economic influence. 70. The Special Representative has now been able to study the Land Law of 2001 and its sub-decrees on State Land Management and Economic Land Concessions, adopted by the Council of Ministers in 2005. The sub-decree on State Land Management provides that, in general, the State is the owner of all land not legally privately or collectively owned or possessed under the Land Law, and distinguishes between “State public” and “State private” land. The sub-decree on Economic Land Concessions states that economic land concessions of up to 10,000 hectares may be granted over land that has been registered and classified as State private land, provided the other prerequisites of an approved land use plan, environmental and social impact assessments, public consultations and solutions for resettlement issues are also met. Economic land concessions granted prior to the sub-decree shall be reviewed to consider contractual compliance, solicit public comments on land concession activities within the local communes, and negotiate a reduction in size of concessions in excess of 10,000 hectares. 71. In practice, there has not been a systematic process of mapping, classification and registration of State land prior to the granting of economic land concessions, as required by law. Following the adoption of the sub-decrees, concessions have continued to be granted over land before determining whether the land is in fact State private land, and not privately or collectively owned or possessed in accordance with the Land Law. In general, most of the land conceded has not been registered or classified as State private land. 72. Further, the other prerequisites for granting concessions have not been met. Where environmental and social impact assessments have been conducted to comply with the sub-decree’s requirements, according to reliable information available these assessments are not always genuine and accurate. 73. For example, the Special Representative is informed that an environmental assessment of a concession granted in 2006 in the Sre Ambil district of Koh Kong province talked mainly about soil types. It did not look at broader environmental impact or the social impact on communities living and farming on the land covered by the concession. The requirement of public consultations with local residents is also generally overlooked prior to decisions to grant a concession, and not enforced by local authorities. A number of affected communities have