A/HRC/45/56
of Justice, the Ministry of the Interior and the General Department of Prisons, advocating
for the release of prisoners in situations of particular vulnerability to COVID-19, including
pregnant women, older persons and persons suffering from underlying illnesses. OHCHR
received no reply to the letter and is not aware of any release of prisoners and detainees on
COVID-19 grounds.
V. Economic and social rights
A.
Situation of land rights and housing
39.
Challenges persisted in the area of land and housing rights, due to forced evictions, a
lack of proper standards on resettlement, and lengthy, complex, opaque and prohibitively
expensive land titling processes. The allocation, sale, and use of land continued to operate
on a patronage system that sustains structural inequality, disproportionately affecting
persons living in poverty and in situations of marginalization. No new State laws or policies
relating to land and housing rights were developed or adopted.
40.
OHCHR received petitions from individuals and groups seeking its intervention in
land disputes, including from communities living inside protected natural areas at risk of
forced eviction. OHCHR conducted field visits to ascertain facts, engaged with relevant
authorities, facilitated dialogue between local authorities and aggrieved parties, monitored
the work of dispute-resolution mechanisms, and provided technical assistance to
communities and civil society organizations. OHCHR also participated in the land sector
coordination group. Composed of United Nations agencies, development partners and civil
society organizations working on land and housing issues, this forum facilitates
information-sharing and enables coordinated action.
41.
In June 2019, in follow-up to its monitoring of land disputes related to economic
land concessions, OHCHR organized, in partnership with Oxfam, a multi-stakeholder
dialogue entitled “Responsible foreign direct investment in agriculture in Cambodia”. The
dialogue identified gaps in the implementation of the economic land concession framework
and developed recommendations for the Government. As an outcome, local authorities in
Kampong Speu, Mondulkiri, Ratanakiri and Stung Treng Provinces engaged in formal
mediation processes to solve pending land disputes involving private companies.
42.
OHCHR used the findings of its May 2018 study entitled “Assessing the impact of
social land concessions on rural livelihoods”22 as a basis for advocacy with national and
local authorities. Social land concessions allow for the transfer of State land to poor or
landless individuals and families for residential and income-generating purposes, such as
agriculture. In November 2019, OHCHR and Open Development Cambodia produced an
infographic summarizing the main findings of the report, and a fact sheet on the social land
concession process. OHCHR also conducted follow-up field visits to Kampot, Mondulkiri
and Preah Sihanouk Provinces to discuss the findings and recommendations of the study
with local authorities and residents. In December 2019, OHCHR organized a national
consultation to discuss lessons learned and ways forward. Key recommendations included
conducting social and environmental impact assessments before social land concessions
were granted, and only issuing social land concessions on land adjacent to that of
indigenous groups once their claims for communal or individual titles had been fully
assessed and processed.
43.
OHCHR continued to advocate with authorities on forced eviction cases, including
in support of prior consultation with affected families and individuals, relocation
procedures, access to information, and compensation. This included engagement with the
Ministry of Land Management, Urban Planning and Construction on remedies for affected
communities. OHCHR carried out seven monitoring missions in relation to foreseen
evictions involving approximately 2,000 families across Kampong Thom, Koh Kong,
22
See https://cambodia.ohchr.org/sites/default/files/InfoNotes/Finding%20SLC%20Infographic
%20with%202cm%20bleed-20%20Sep%202019%20low.pdf.
9
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