A/HRC/39/73
55.
Despite the efforts of the Government, some people continue to find that they cannot
access free health care services despite having the relevant National Social Security Fund
and Health Equity Fund cards. Persons with disabilities are also affected. The Special
Rapporteur encourages the Government to continue its investments in health, social
security and education and to work across ministries and at all levels of government to
ensure that these services are available, accessible, acceptable and of high quality for all
Cambodians.
VI. Land
56.
According to government figures, as of December 2017, the Government had issued
titles for 4,881,582 plots of land, representing 66.4 per cent of the country’s estimated 7
million parcels of land, with a target of 100 per cent by 2023. However, Cambodia
continues to be marked by protracted land disputes that affect the basic rights of affected
families and communities.
57.
Dispute resolution mechanisms under different ministries and government bodies
continue to operate in isolation, without transparent or participatory procedures and without
minimum requirements for the fairness of the resolution of the land disputes and remedies.
While some disputes, such as those relating to sugar concessions in Koh Kong, are being
resolved, disputes relating to other sugar concessions in the Provinces of Kampong Speu,
Preah Vihear, Koh Kong and Oddar Meanchey remain unresolved. The Government claims
that these disputes have been and are being processed in a legitimate, accessible,
transparent, predictable and rights-compatible manner. The Special Rapporteur notes that
without a transparent, legitimate, accessible, predictable, equitable and rights-compatible
process in the settlement of disputes with sugar companies, there is a risk of continued
conflict and unrest.
58.
The Special Rapporteur highlights the need for a coherent resettlement policy in
Cambodia, including measures to ensure compensation for land expropriation taking into
account the need for public consultative processes with communities and their
representatives as well as civil society organizations. The lack of such a policy has
contributed to the current situation in which, in many instances, basic legal and human
rights obligations have been ignored and documentation, guidance and compliance with
various approaches often lacking, resulting in adverse impacts on the livelihoods of
relocated families and communities. The Special Rapporteur highlights the need for an
independent assessment of resettlement sites in Cambodia with a view to improving the
living conditions at those sites.
59.
During the March 2018 mission, the Special Rapporteur learned that on 8 March
2018 in Snoul District, Kratie Province, members of the armed forces opened fire on
protesters and destroyed personal belongings and shelters. The incident was related to a
land dispute and unsuccessful negotiations on resettlement between the community, the
Memot Rubber Plantation Company and the Kratie Provincial Working Group on Land
Dispute Resolution. The Special Rapporteur followed the situation closely and raised
concerns directly when meeting with government officials, including the Minister of
Interior. The unrest in Kratie underlines the importance of understanding and addressing the
root causes that lead to protests. These causes ⸻ often related to denial of human rights ⸻
must be addressed in a fair manner if peace, stability and development are to be sustainable.
The Special Rapporteur regrets that OHCHR and civil society observers were prevented
from entering the area where the shootings took place. In the interests of promoting trust
and transparency, the Special Rapporteur believes it is important to allow independent
monitors access.
60.
On 22 March 2018, the seventh national consultation workshop on the tenth draft
environment and natural resources code was conducted with the participation of various
stakeholders. The process has been lengthy, but participatory. In November 2017, following
the Prime Minister’s order conveyed in a public speech, the Ministry of Agriculture,
Forestry and Fisheries announced the suspension of the drafting process of the agriculture
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents