A/HRC/39/73 31. Concern remains over land titling for indigenous peoples. In August 2017, the Special Rapporteur learned of the Por indigenous people in Battambang Province, whose communal land titling process could not proceed because the land was still waiting to be demined. In this connection, it is noted that Cambodia has added a sustainable development goal 18 on removing unexploded ordnance. 32. In Stung Treng Province, the Lower Sesan II hydroelectric project has resulted in the Bunong indigenous people losing their homes and much of their spiritual forest and burial grounds to the reservoir’s water, leaving them at risk of losing their livelihoods. In Preah Vihear Province, the Kui indigenous people have had some of their farmland and spiritual forest cleared by sugar cane companies. Both the Bunong and the Kui indigenous peoples are waiting to have their land registered as communal land. 33. The Special Rapporteur repeats her recommendation that the Government consider simplifying the communal land titling process to make it more accessible and affordable for indigenous communities. As of June 2018, of the estimated 455 indigenous communities in Cambodia, 141 had been recognized as indigenous by the Ministry of Rural Development; of these, 128 had been legally registered by the Ministry of Interior, of which only 24 had been issued collective land titles. C. Asylum seekers and refugees 34. While Cambodia has offered itself as a place of refuge to those being resettled from Nauru, there continue to be problems for Montagnards who sought asylum in Cambodia. In August, the Special Rapporteur expressed concerns about the situation of 36 Montagnards for whom the Office of the United Nations Higher Commissioner for Refugees had offered to find a solution outside of Cambodia, based on the seriousness of their asylum claims. The Government of Cambodia has to date not agreed to facilitate their transit to a safe third country, and indeed announced plans for their deportation back to Viet Nam in September. Cambodia should respect the principle of non-refoulement and ensure that no one is forcibly returned to a country where they are in danger of persecution. D. Persons in street situations 35. In August 2017, the Special Rapporteur was very concerned after her visit to the Prey Speu Centre, particularly about the 544 people, including 6 children, then detained there. This was a substantial increase since her previous visit, and was partly attributable to the Government’s anti-drug campaign. There was no visible improvement in the facilities, only more overcrowding. Since then, the Special Rapporteur has received reliable information indicating that children were no longer detained at the centre and that some structural improvements had been made such as the construction of basic bathrooms with running water and the installation of electricity and ceiling fans. 36. The Minister of Social Affairs, Veterans and Youth Rehabilitation explained that a new facility being built in Kandal Province should alleviate overcrowding at Prey Speu, providing appropriate facilities for the care and treatment of persons with psychosocial disabilities. This facility will not be ready until later in 2018. 37. Despite claims by the authorities that those “rounded up” and brought to the centre must remain there for a week to enable arrangements to be made with their families to collect them, most people who met with the Special Rapporteur had been there for considerably longer and many claimed they were being held against their will. This amounts to arbitrary detention: it is consistent neither with the concept of “drop in” nor with law. It is clear that in the case of children, the authorities must take care to determine the identity of the person and to verify the identity of a family member who wishes to collect them. However, in other cases people should be allowed to leave at will. 38. The Government is reminded that holding persons against their will means that drop-in centres fall within the international definition of detention centres and the Government must therefore take steps to ensure that the minimum standards of treatment 8