A/HRC/33/62
39.
It is imperative that land disputes be resolved definitively on clear and transparent
grounds by appropriate bodies. Complaints are brought before courts and cadastral
commissions, though also raised directly with others, including government officials and
parliamentary bodies. This can result in a duplication of efforts and potentially conflicting
decisions and solutions. It also burdens the more vulnerable communities, who may have to
travel long distances to appeal to these bodies. The Special Rapporteur received hundreds
of petitions relating to land issues, especially during her mission in March 2016. Many of
the complaints related to matters that had already been raised before judicial and nonjudicial bodies and senior government ministers, including the Prime Minister. According
to the Government, it is for the courts to decide disputes once a title is granted (see
A/HRC/26/16, para. 116).
40.
As an example of the complexity of the current situation, in March 2016, when
meeting in Preah Vihear province with a representative of the Rui Feng sugar concession
company, the Special Rapporteur was informed about the company’s concerns with regard
to land it believed had been demarcated for its business. Kui indigenous communities in the
area claimed that their traditional lands had been encroached upon, even though they had
completed the first two stages of land titling and had been recognized by the Ministry of the
Interior. The company expressed its willingness to work with local communities to find a
solution. In that instance, four contiguous land concessions were granted for sugar
plantations and a fifth for a major sugar processing plant. The company informed the
Special Rapporteur that, in accordance with the terms of its agreement with the
Government, all the sugar produced was for export (approximately two thirds to Europe,
the remainder to China). At the time of the mission, sugarcane was being planted on some
42,000 hectares, though more will be required from local farmers when the mill reaches
capacity. Although the company reported having planted only in the area marked as
government land on the map it received and thus within the concession, it has encountered
numerous protests over the years without resolution. The company was working on an
ambitious project supporting many initiatives in the province (inter alia, repairing temples,
developing health-care and education facilities for workers, and purchasing fire engines for
the province), but claimed to be struggling to negotiate at the local level with the
communities affected. There is work to be done by all stakeholders to ensure compliance
with the Guiding Principles on Business and Human Rights, as well as the United Nations
Declaration on the Rights of Indigenous Peoples.
41.
Particular issues arise when land rights are traded off against energy needs.
Cambodia currently imports energy from surrounding States, and the Government rightfully
wishes to ensure energy sustainability. Sustainable Development Goal 7 is aimed at
ensuring universal access to affordable, reliable and modern energy services. Given the
expanse of the rivers in the region, hydropower has been identified as a preferred option in
Cambodia, as well as in surrounding States. Nevertheless, hydropower has an impact on
land rights. Building dams, flooding areas and controlling water flows inevitably affect
natural ecosystems, and also the livelihoods of the people inhabiting neighbouring land.
Although compromises will be required, the Special Rapporteur is of the opinion that more
thorough consultations with those directly affected could ease the impact of development.
42.
During the period under review, resettlement continued to be a problematic issue.
During both her missions, the Special Rapporteur visited resettlement sites and met with
people resettled from land concessions in Koh Kong and Stung Treng. A number of
common issues emerged with regard to the appropriateness and sustainability of
resettlement sites, including the quality of accommodation, access to infrastructure, and the
availability of appropriate work or sources of income. Problems arise when, for example,
villagers with a tradition of rice farming are resettled in an area without appropriate ricegrowing soil, or when villagers with a tradition of fishing are resettled inland. The Special
Rapporteur was appreciative of the holistic approach advocated by the outgoing Minister
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