A/HRC/18/47
and cassava plantations), mining and oil extraction, infrastructure upgrades and industrial
power generation (e.g. dams), and rapid high-end urban development.
32.
The lack of procedural and legal safeguards administered when implementing some
projects has created a climate of unregulated development characterized by a lack of
transparency, consultation and inclusive planning, which is unsustainable. At the root of
these trends is poor enforcement of and compliance with the State’s relatively welldeveloped domestic legal framework governing land issues and the right to adequate
housing, including the 2001 Land Law, the 2005 Sub-decree on Economic Land
Concessions, and the 2010 Law on Expropriation. For example, ELCs accorded by the
Government often do not comply with the requirements to consult with affected
communities or to conduct environmental and social impact assessments.
33.
Consequently, demonstrations and protests in the capital and provinces are common,
as a growing marginalized and dispossessed sector of the population attempts to have a
voice and take part in the decision-making process. Women are often on the frontlines at
protests, as communities surmise that women are less likely to be targeted by authorities,
but there have been cases of violence against women in the context of demonstrations, and
of arbitrary detention of female protesters. OHCHR has repeatedly intervened to secure the
release of persons wrongfully accused or held arbitrarily in detention due to their role in
demonstrations, and has provided good offices to facilitate dialogue between communities
and authorities to help them reach negotiated settlements.
34.
OHCHR works to assist in the further development of procedural and legal
safeguards, as well as to promote their implementation. In early 2010, the Government
released a draft housing policy, which is awaiting approval by the Council of Ministers.
OHCHR supported the policy’s vision that all citizens have a right to adequate housing and
its recommendation to impose a temporary moratorium on the eviction of dwellers in
informal settlements, and provided technical input to the Ministry of Land Management,
Urban Planning and Construction in this process.
35.
Following the Government’s adoption of the Circular on resolution of temporary
settlements on illegally occupied land in the capital, municipal and urban areas (Circular
03) in May 2010, OHCHR has been supporting technical assistance efforts for communities
to map their territorial boundaries and basic services and infrastructure needs, and to
understand their tenure rights in the Cambodian legal framework. These efforts commenced
with 12 communities in Battambang province and are likely to be extended to communities
in Phnom Penh and Siem Reap. While it offers some solutions to support settlers to
improve their housing and ensure minimum standards for relocation, Circular 03 does not
provide for a mechanism that determines the legality of urban settlements subject to the
Circular, and does not provide for a fully developed dispute mechanism in case of
disagreement.
36.
The complexities of the legal framework and accompanying procedural
requirements in Cambodia have put indigenous communities at particular risk of land
grabbing and of losing their livelihood due to deforestation. Progress on land titling has
been slow since the adoption of the Sub-Decree on indigenous land registration in April
2009. In order to help protect the traditional livelihoods of indigenous peoples, OHCHR
supports networks of Government, United Nations organizations, civil society and
communities to strengthen their capacity to use the domestic legal framework with regard
to security of land tenure, through trainings and the provision of technical advice.
37.
OHCHR provided financial and institutional support so that seven villages inhabited
by the Phnong (Bunong) indigenous peoples in Bousra commune, Mondulkiri province
could undergo registration as legal entities with the Government to enable them to apply for
collective land titles in the future. OHCHR also monitors the project, whereby more than
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