Securing the Right to Land FULL - ANGOC

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SECURING THE RIGHT TO LAND Acknowledgments 60 This paper is an abridged version of the original Cambodia Land Watch Country Paper “Country Paper Cambodia on Land Issues” on the status of access to land, water and opportunities and strategies for civil society advocacy. This is a collective effort of many civil society organizations, including STAR Kampuchea members and partners, and also individuals in Cambodia. STAR Kampuchea would like to extend its great appreciation to the many individuals and institutions that have given support and valuable input to this Country Paper. First, STAR Kampuchea would like to thank the NGO Forum on Cambodia, particularly Mr. Mech Sokhan and Ms. Megan MacInnes, for their time and assistance in completing this project. Support provided by them included organizing stakeholder workshops, case study examples, providing technical input and the opportunity to work in close collaboration. Second, STAR Kampuchea would like to thank all participants of the stakeholder workshops for their attendance, experiences and helpful input. In addition to this, STAR Kampuchea would like to thank all interviewees and provincial representatives who shared their insights and experiences during the documentation of case studies, field visits and interviews. These organizations include AARR, ACED, ADHOC Kratie, AT PP, BTB, BTLAN Takeo, B&D, CACA Pursat, CARDH, CEDC Kampong Thom, CNAN, COCOM, CSDA Banteay Meanchey, CSP Sihanoukville, DOCS Kampong Cham, EU, HAD, HDP CSDA, HRO, KADRA, KKKHRDA, K-NAN Kratie, KNKS, KVO Siem Reap, LICADHO Pursat, Live & Learn, MNN, NACN, NECFEC Kampot, NGO Forum on Cambodia, NPA Cambodia, Oxfam—Great Britain, PNP, SADA Svay Rieng, Siem Reap, Sihanouk, Sihanoukville, SNAN, SNAN Sihanuk, Srey Khmer, Svay Rieng, Takeo, Vigilance Bantey Meanchey, Vigilance BB, Vigilance BTB, Vigilance Kampot, Vigilance Kampong Speu, Vigilance Kampong Cham, Vigilance Pursat, and Vigilance PV. Third, STAR Kampuchea would like to thank its staff members, particularly Ms. Anne Ernst (Advisor), Mr. Ly Rathy (trainer and advocacy network facilitator) and Mr. Matthias Mueller (intern), for organizing, preparing and completing the workshops, case studies and field visits and for authoring the Country Paper Report. Special appreciation also goes to Ms. Maricel S. Almojuela–Tolentino, Program Officer of ANGOC, and Mr. Nhek Sarin, Executive Director of STAR Kampuchea, for their supervision and useful input for conducting the Country Paper. This abridged paper is made possible with the support of ActionAid International (AAI), International Land Coalition (ILC), and MISEREOR. The views and the information provided in this paper do not necessarily reflect the views or policies of AAI, ILC, and MISEREOR. Acronyms ADHOC Cambodian Human Rights and Development Association ANGOC Asian NGO Coalition for Agrarian Reform and Rural Development APSARA Authority for Protection and Management of Angkor and the Region of Siem Reap CACN Civil Society Advocacy Coordination Alliance CC Commune Council CDCF Cambodian Development Cooperation Forum CDRI Cambodia Development Resource Institute CG Consultative Group CHRAC Cambodian Human Rights Action Committee CMDGs Cambodia Millennium Development Goals DCA Dan Church Aid ELC Economic Land Concession GTZ Deutsche Gesellschaft für Technische Zusammenarbeit/ German Technical Agency ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ILC International Land Coalition ILO International Labour Organisation JMIs Joint Monitoring Indicators K–NAN Kampong Cham NGO Advocacy Network LAND Land Action Network for Development LICADHO Cambodian League for the Promotion and Defense of Human Rights L–LIN Land Law Implementation Network LMAP Land Management and Administration Project MAFF Ministry of Agriculture, Forestry and Fisheries MLMUPC Ministry of Land Management, Urban Planning and Construction NALDR National Authority of Land Dispute Resolution NPA Norwegian People’s Aid NPRS National Poverty Reduction Strategy NSDP National Strategic Development Plan OHCHR Office of the High Commissioner for Human Rights PANs Provincial Advocacy Networks of STAR Kampuchea PNDA Project Nature Determining Agency RCAF Royal Cambodian Armed Forces RCW Ramsar Convention on Wetlands RGC Royal Government of Cambodia SLC Social Land Concession TWG Technical Working Group UDHR The Universal Declaration of Human Rights UN United Nations UNDP United Nations Development Programme UNOHCHR United Nations Office of the High Commissioner for Human Rights WFP World Food Programme
CAMBODIA Overview of Access to Land Land management and administration in Cambodia can be traced back to its French colonial history, particularly the Civil Code of 1920, which established the system of French land law that recognized private property rights. Though Cambodia gained its independence in 1954, an adequate land management system was not in place until the 1960s. Initially, few landholders sought to have their lands titled, in order to avoid the taxes they would have had to pay as landowners. By the next decade, however, private property rights had started to be adequately documented, particularly through cadastral maps and land titles. By March 1970, when General Lon Nol’s coup d’etat successfully deposed Prince Sihanouk, many of the low-lying areas planted with rice had been claimed by private owners. Yet the change in government only resulted in the deterioration of the land management system for the next five years. In 1975, the Khmer Rouge Regime put all lands under state ownership, destroying all records, including cadastral maps and OVERCOMING A FAILURE OF LAW AND POLITICAL WILL QUICK FACTS 61 ➤ Poverty is primarily a rural phenomenon. In 2004, 91% of the poor lived in rural areas. ➤ Forty (40) percent of households whose heads are engaged in agriculture are poor. ➤ Incidence of land related conflicts: 1,551 land disputes between 1991 and 2004, covering over 380,000 hectares and more than 160,000 farming families. ➤ As of 2006, two-thirds of these cases remain unresolved (2006 LICADHO Report). titles. Government employees involved in land management, registration and surveying who did not manage to leave the country were re-deployed to the countryside or executed. In 1979 the State of Cambodia organized the collective as the basis for claiming user rights to agricultural land: while residential use rights were allocated on the basis of occupation, ownership of land still remained in the hands of the State. Only ten years later, after the fall of the Khmer Rouge, did a 1989 amendment to the Cambodian Constitution provide for a new private property system. According to Article 15 of the Constitution, “Cambodian citizens shall enjoy fully the right to own, use, bequeath, and inherit land granted by the state for the purpose of living on it and exploiting it.” Later, private property rights were also awarded under the Land Law of 1992. However, this law failed to regulate the granting of land concessions and it wasn’t until 1998 that the Ministry of Land Management, Urban Planning and Construction (MLMUPC) was established to oversee the development of the policy and regulate the awarding of land concessions. This ministry also coordinated land-use mapping and cadastral surveys, ASIAN NGO COALITION FOR AGRARIAN REFORM AND RURAL DEVELOPMENT
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