A/HRC/12/41
page 14
48. Communities and NGOs have continued to seek the advice and support of OHCHR in
protecting their rights in the context of land disputes resulting from economic land concessions
or land grabbing by private individuals or companies. It has encouraged them to use existing
administrative and judicial mechanisms to ask for redress in cases of spoliation and encouraged
the authorities to solve conflicts lawfully and peacefully. OHCHR has also supported the
analysis and documentation of land disputes by communities themselves, which resulted in the
submission of countrywide community complaints to national authorities in June and
October 2008, thus far with no result.
49. OHCHR continued to draw the attention of the Government and development partners to
the promotion and protection of the rights of indigenous peoples to their lands and natural
resources. It emphasized the need for special measures to protect indigenous land from alienation
due to illegal land deals and the granting of concessions, in the absence of clear and effective
procedures on registering indigenous land collectively, which is a joint monitoring indicator
agreed between donors and the Government. It also participated actively in discussions around a
draft sub-decree on indigenous land registration, meant to set out the procedures for
implementing rights to registration of indigenous collective land title according to the Land Law.
OHCHR submitted a legal analysis of the draft to relevant ministries, coordinated a joint
submission among donors and actively supported civil society discussions and comments on the
draft. The sub-decree and a related policy were adopted by the Government on 24 April 2009. To
the regret of OHCHR, the documents did not take into account many of the comments made by
the stakeholders consulted. OHCHR will keep monitoring the extension to which the sub-decree
is implemented in accordance with the Land Law and will report its findings to the Government
and development partners.
50. In urban areas, and particularly in the capital, OHCHR pursued its effort with affected
communities, government authorities, the municipality, private enterprises, United Nations
agencies and interested donors to promote a process whereby evictions and relocations are legal,
peaceful, negotiated and fairly compensated. OHCHR has regularly informed the Special
Rapporteur on adequate housing as a component of the right to an adequate standard of living of
the situation, and sought her advice and intervention to prevent forced evictions. She has written
to the Government and issued public calls to the authorities to express her concerns.
51. Several evictions took place during the reporting period, including the eviction
on 24 January 2009 of around 150 families from the Dey Krohom site in Phnom Penh. While the
municipality had taken positive steps to promote negotiations between the private developer
(7NG Company) and the community, and had accepted the OHCHR recommendation that
further delay be allowed in order to finalize them in a mutually satisfactorily way, negotiations
were abruptly stopped after three weeks and the eviction carried out without due notice, during
the night, and with excessive use of force. Residents were given no other choice but to relocate
to a site 20 kilometres away from their sources of livelihood, with inadequate basic services and
facilities in place. OHCHR expressed public regret about the wasted opportunity of setting a
good example for future evictions.
52. Following the adoption by the United Nations country team of a viewpoint on evictions
in 2007, OHCHR is formulating a proposal to work jointly with the Government on the
development of national guidelines on eviction and resettlement to improve current practices.
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