A/HRC/4/36
page 19
D. Access to justice in relation to land and natural resources
86.
The Special Representative is concerned about the increasingly difficult environment
faced by NGO workers and community activists advocating for equitable access to land and
natural resources. He has continued to receive reports of restrictions placed on their activities,
meetings and movement, and acts of intimidation by authorities and company security.
Recently, a human rights activist in Ratanakiri province received death threats related to his
work on land disputes - he has previously been the subject of threats and criminal charges related
to his land-related activism. In Mondulkiri, authorities continue to regulate the work of NGOs
and community activists by asking NGOs for regular reports of their activities and plans, and
requiring community activists to seek permission before attending meetings outside the province.
In many cases, authorities have accused NGOs and village activists of inciting trouble in
communities affected by economic land concessions and land disputes, using this as a pretext for
restricting their activities.
87.
In Koh Kong province, NGO workers were denied access to areas affected by an
economic land concession, and told that they needed permission from the authorities if they
wished to meet with the local villagers. In Pursat province, the local authorities told community
members near another economic land concession not to participate in activities organized by
community activists, alleging that they were supported by the opposition Sam Rainsy party.
88.
The Special Representative is particularly concerned about the increasing number of
community activists facing criminal charges related to land disputes and their land-related
activism. He has received numerous reports of community activists being charged with
infringement of private property, or other criminal offences created by the Land Law, in
connection with disputes over unregistered land. It is apparent that the legal system is being
used to protect those with power and influence, rather than to provide protection and justice for
poor individuals and communities.
VII. THE INTERNATIONAL COMMUNITY
89.
In the peace agreements, other signatories undertook to promote and encourage respect
for and observance of human rights and fundamental freedoms in Cambodia, as embodied in the
international instruments in order, in particular, to prevent the reoccurrence of human rights
abuses. The Agreement concerning the Sovereignty, Independence, Territorial Integrity and
Inviolability, Neutrality and National Unity of Cambodia includes provisions in the event of
violations of the Agreement, including human rights provisions. These include collective
efforts by the parties to the Agreement to resolve violations by peaceful means, referral to the
Security Council or recourse to peaceful settlement means under Article 33 of the Charter of the
United Nations.
90.
The Special Representative has underlined the moral and legal responsibility of the
international community and its members to support Cambodia in its quest to strengthen human
rights and democratic and accountable institutions, whether as signatories to the agreements, as
States Members of the United Nations, or as States parties to the human rights treaties. This was
the primary rationale for their engagement in Cambodia in the early 1990s.
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