A/HRC/18/47
800 families could protect themselves against the threat of ELCs, in cooperation with
relevant ministries and the ILO.
38.
The judiciary has not been effective in upholding the rights of many people affected
by disputes concerning land ownership. Various communities have indicated informally
that they favour non-judicial mechanisms, as they lack faith in the court system. The
existing mechanisms for land disputes, such as the cadastral commissions and the National
Authority for Land Dispute Resolution, are reportedly lacking in resources and prone to
political interference. Coupled with an indefinite number of claims arising from a lack of
documentation or official land title, the result has been an unabated case load of land
disputes among individuals, communities, private companies and the Government.
39.
During the reporting period, OHCHR was called for assistance in 42 land disputes
between affected villagers and companies, 18 of which related to ELCs,1 (including seven
on indigenous land) while 24 disputes were related to other land transactions2 (two on
indigenous land). OHCHR interventions took the form of assistance and legal advice to
provincial and local authorities, as well as to affected communities and the NGOs
supporting them. Upon request, OHCHR also mediated or facilitated discussions or
negotiations among stakeholders to resolve disputes.
40.
The rights of NGOs and communities involved in land disputes or facing forced
eviction to freedom of expression and assembly are often curtailed. Criminal charges
continued to be brought against villagers and human rights defenders. In relation to the 42
dispute cases assisted by OHCHR, 116 people were arrested and detained and questioned
by the court, mostly on charges of dissemination of disinformation and incitement. OHCHR
1
2
These cases include but are not limited to the following: in Mondulkiri province, Pichreada district,
Bousra commune, a dispute between 800 families of the Phnong (Bunong) indigenous community
and Socfin-KCD and partners; in Kratie province, Snoul district, Sre Char commune, a dispute
between 224 families and the CIV Development Company; in Kampong Speu province, Tpong
district, Amleang commune, a dispute between 1,000 families and the Phnom Penh Sugar Company
and Kampong Speu Sugar Company; in Pursat province, Kravahn and Krakor districts, two disputes
between 5,000 families and Pheapimex, and in Veal Veng district, Thmar Da commune, a dispute
between 57 families and the MDS company; in the city of Phnom Penh, Boeung Kak Lake
community, a dispute between 3,000-4,000 families and Shukaku Inc.; and in Battambang province,
Phnom Prek district, Sampov Loun commune, a dispute between 1,203 families and the Soun Mean
Sambath company.
These cases include but are not limited to the following: in Ratanakiri province, Oyada district, Pate
commune, Kong Yuk village, a dispute between 46 families of the Charay indigenous community and
the wife of a Government official; in Siem Reap province, Chikreng district, Kampong Kdei village, a
dispute between 250 families and an individual business owner; in Kandal province, Kean Svay
district, Samrong commune, a dispute between 149 families and the deputy governor of Kratie
province; in Kampong Chhnang province, Kampong Tralach district, Taches commune, Lorpeang
village, a dispute between 64 families and the KDC International Company; in Kampong Speu
province, Oudong district, Damnang Raing and Phnom Touch villages (border of Kandal), a dispute
between 88 families and the Meng Keth Company; in Battambang province, Battambang town, a
dispute between 55 families and the Asian Development Bank (ADB) Railway Rehabilitation Project,
in Prek Preah Sdach village, a dispute between 1,000 families and provincial authorities (garden
project), in Bovil district, Ovoipreng village, a dispute between 38 families and an individual business
owner, in Samlot district, Kampong Lpov commune, a dispute between 78 families and a military
operation in region 5, and in Kos Krolor district, Daun Bar and Preah Phos communes (three cases), a
dispute between 550 families and multiple military personnel; in Banteay Meanchey province, Poipet
town, a dispute between 943 families and the ADB Railway Rehabilitation Project; in Phnom Penh
city, Borei Keila community, a dispute between 1,776 families and the Phan Imex Company, and in
Sen Sok district (formerly Russei Keo district), a dispute between three families and an individual
business owner.
11
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