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 13

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