A/HRC/12/41
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He was released and temporarily allowed by the Vietnamese authorities to return to Cambodia
where he expressed the desire to remain. In spite of Government assurances to the contrary, he
was refused issuance of an identity card that would improve his protection under the law. Afraid
of being returned to Viet Nam, he fled to Thailand in mid-April 2009 and sought political
asylum. While this case is exceptional, it illustrates the difficulties that Khmer Krom face when
advocating their rights or views. While OHCHR understands the political sensitivity of the issue
in the context of the relationship between Cambodia and Viet Nam, all Cambodian citizens
should enjoy the same protection under national law.
D. Land and livelihoods
44. The Land and Livelihoods Programme works with the Government, local communities,
NGOs, the private sector and development actors: (a) to support the Government’s responsibility
to ensure compliance of its policies and practices with national law and international standards
pertaining to land and housing; (b) to improve the protection of land and housing rights and find
joint and fair solutions to land disputes; (c) to increase and improve access to justice and
remedies for people claiming or defending land rights in urban and rural areas; and (d) to
increase the integration of human rights into the work of United Nations agencies, international
organizations and business enterprises in Cambodia.
45. Land conflicts and forced evictions affect large numbers of people in Cambodia.
Over 150,000 people have been evicted in recent years and as many are estimated to be facing
eviction nationwide. Poor people living in informal settlements in urban areas since the 1980s,
small-scale farmers and indigenous communities are particularly vulnerable. Land conflicts are
rooted in insecurity of land tenure and the lack of effective implementation of laws protecting
land and property rights, in particular the Land Law of 2001. The slow pace of land title
registration means that most people lack proper titles in a context of rising land prices and
speculation, major urban and economic development, interference of private interests with the
granting and sale of public land, and land grabbing by rich and powerful elements. This situation
is aggravated by the lack of effective redress against land spoliation.
46. OHCHR considers that if the Land Law was effectively implemented, many land conflicts
would not arise, those arising would find fair solutions, and that land conflicts require heightened
attention on the part of the highest authorities.
47. In rural areas, OHCHR has continued to monitor the granting of economic land
concessions (ELC) and their impact on the rights of local communities. In many cases, no
environmental and social assessments are conducted prior to the granting of ELC, contrary to the
sub-decree on ELC, and no consultation with affected communities takes place. The
recommendations of the Special Representative of the Secretary-General for human rights in
Cambodia in his 2007 study on economic land concessions2 have been mostly ignored by the
Government.
2
Available at http://cambodia.ohchr.org.
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