A/HRC/21/63 A. Land and housing rights 25. Land disputes and forced evictions continue unabated in Cambodia, and feature the use of force by the authorities and business enterprises. This led to violent clashes with communities during the reporting period. The high-profile Boeung Kak case saw significant developments in the granting of land title to more than 600 families. Those excluded, however, faced violent eviction on 16 September 2011 when, in village 22, the municipality of Phnom Penh and Shukaku Inc., with the support of the gendarmerie, demolished five houses (believed to be home to a total of eight families), reportedly without negotiations for compensation having been concluded. Families were reportedly not given notice of the eviction, and many lost their belongings in the destruction of their property. There have been numerous protests and demonstrations by the Boeung Kak community, led by women residents, and several episodes of excessive force by the authorities. The case is emblematic of the desperation that communities throughout Cambodia feel in resolving their land disputes, and the ensuing civil unrest. 26. Challenges persist in implementing the domestic legal framework governing land and housing. In early 2010, the Council for Land Policy released a draft housing policy in which the right to adequate housing was recognized. The policy is yet to be adopted by the Council of Ministers, however. Two further pieces of draft legislation – a subdecree on urbanization (proposed by the Ministry of Land Management, Urban Planning and Construction) and a law on the management and use of agricultural land (proposed by the Ministry of Agriculture, Forests and Fisheries) – have been published, but it remains to be seen how they will be harmonized with the existing domestic architecture and the obligations of Cambodia under international human rights law. 27. Of particular concern was the forced eviction of villagers from the Borei Keila community in Sangkat Veal Vong, Khan 7 Makara, Phnom Penh, on 3 January 2012 and its impact on the affected community. The Special Rapporteur was informed that the forced eviction was characterized by the demolition of the some 300 homes and resulted in a violent clash between mixed forces comprising armed police, the gendarmerie, Khan authorities and employees of the Phan Imex Company, on the one hand, and residents of the Borei Keila community, on the other. In addition to the trauma and injuries caused to those present, including some officials, and the immediate humanitarian issues facing the evicted families, the Special Rapporteur is concerned about the legal and procedural issues related to the eviction, which are reportedly linked to a lack of implementation of the site upgrading plan provided for under a 2004 agreement between the Government and the Phan Imex Company. Most significantly, the Special Rapporteur is concerned that the events demonstrated an inability on the part of those involved to settle disputes peacefully and a resort to force by the authorities and communities alike. 28. Furthermore, the 11 January 2012 incident in which 24 women and six children from the Borei Keila community were arrested during a peaceful protest outside the Phnom Penh municipal hall and then detained at the Prey Speu Centre, a social affairs centre, is a stark example of the continued persecution of individuals and communities seeking to claim their rights to land. While not all are as high in profile, the Special Rapporteur is regularly informed of cases of criminalization, harassment and intimidation of human rights defenders, communities and officials involved in land disputes throughout Cambodia. 29. Evictions such as that of Borei Keila render many people homeless or place them in unpredictable housing situations. Communities living in resettlement sites from previous evictions and relocations report inadequate housing, challenges in gaining access to health and education facilities, fissures in the family structure and, most notably, significant difficulties in generating livelihood options. Many communities languish in uninhabitable resettlement sites a significant distance from the city centre that were never adequately 8