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Foreign Investment in Agriculture in Cambodia CDRI Working Paper ...

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commercial agriculture can expand rural people’s <strong>in</strong>comes and thus help lift them out of poverty.<br />

It will also provide new opportunities for children <strong>in</strong> rural areas to go to school, which will <strong>in</strong><br />

turn improve rural people’s livelihoods. To this end, government <strong>in</strong>terventions relate to market<br />

<strong>in</strong>formation, new product opportunities to fit customer requirements, value-added process<strong>in</strong>g<br />

facilities, quality assurance and food safety, profitable bus<strong>in</strong>ess promotion and <strong>in</strong>frastructure<br />

development.<br />

The <strong>Cambodia</strong>n government proposed agriculture sector <strong>in</strong>tervention <strong>in</strong> 2003 by<br />

target<strong>in</strong>g structural reforms with support from ADB through its <strong>Agriculture</strong> Sector Programme<br />

Loan under which the government is <strong>in</strong> charge of dissem<strong>in</strong>at<strong>in</strong>g wider <strong>in</strong>formation related to<br />

agricultural market<strong>in</strong>g and technology, liberalis<strong>in</strong>g fertiliser pric<strong>in</strong>g and market<strong>in</strong>g, formulat<strong>in</strong>g<br />

rural credit policy, divest<strong>in</strong>g rubber subsector, establish<strong>in</strong>g local rural development committees<br />

and improv<strong>in</strong>g property rights. Further, the government has cont<strong>in</strong>ued to improve access to<br />

productive land under secure title for the rural poor and commercial development <strong>in</strong> urban areas<br />

with support from several aid agencies such as AusAID on m<strong>in</strong>e clearance and agricultural<br />

extension services, and the World Bank on land titl<strong>in</strong>g.<br />

As discussed earlier, ELCs are a mechanism for provid<strong>in</strong>g state private land 10 to<br />

concessionaires for agri-<strong>in</strong>dustrial exploitation, <strong>in</strong>clud<strong>in</strong>g tree plantation, livestock farm<strong>in</strong>g<br />

and aquaculture as well as factories for process<strong>in</strong>g raw agricultural materials. Alongside the<br />

grant<strong>in</strong>g of large tracts of unused and/or unauthorised lands as ELCs to both foreign and<br />

<strong>Cambodia</strong>n <strong>in</strong>vestors, rural <strong>in</strong>frastructure, such as roads, bridges, markets and hospitals, is<br />

be<strong>in</strong>g developed by both government and private <strong>in</strong>vestors. Income from jobs created by these<br />

companies has to some extent allowed local communities to improve their standard of liv<strong>in</strong>g.<br />

The Sub-decree on Economic Land Concessions was <strong>in</strong>troduced on 27 December 2005 <strong>in</strong><br />

order to tap the opportunities of develop<strong>in</strong>g <strong>in</strong>tensive agricultural and agri-<strong>in</strong>dustrial activities,<br />

<strong>in</strong>creas<strong>in</strong>g employment <strong>in</strong> rural areas, and generat<strong>in</strong>g state and prov<strong>in</strong>cial revenues. Article 29<br />

of the sub-decree states that MAFF, as chair of the technical secretariat and an <strong>in</strong>ter-m<strong>in</strong>isterial<br />

body, is authorised and responsible for grant<strong>in</strong>g ELCs for a total land area greater than 1,000<br />

ha, and the prov<strong>in</strong>cial/municipal governor is authorised and responsible for grant<strong>in</strong>g ELCs of<br />

less than 1,000 ha. However, MAFF always seeks approval from the Office of the Council of<br />

M<strong>in</strong>isters before grant<strong>in</strong>g approval to an <strong>in</strong>vestment company.<br />

By law, feasibility study and environmental and social impact assessments are required<br />

prior to contract approval. Interview with one ELC company revealed that to get quick<br />

<strong>in</strong>vestment approval, a company has to engage local consultants, who are closely connected<br />

to officials at MAFF, to conduct feasibility study and environmental impact assessment. The<br />

process could be protracted if a company were to engage only <strong>in</strong>ternational consultants. Despite<br />

the conduct of feasibility study and project border demarcation prior to approval, overlapp<strong>in</strong>g<br />

claims between villagers and ELC companies prevail. Prov<strong>in</strong>cial governors and the commune<br />

council often act as mediator once conflicts arise; however, villagers are often disappo<strong>in</strong>ted<br />

with the solutions offered by the company, a sentiment echoed by local authorities (see section<br />

5 for further analysis).<br />

The NSDP Update 2009–13 sets forth other policy measures to promote agriculture,<br />

<strong>in</strong>clud<strong>in</strong>g: land reform and land m<strong>in</strong>e clearance; strengthen<strong>in</strong>g land management, distribution<br />

and use; secur<strong>in</strong>g land ownership; curb<strong>in</strong>g illegal landhold<strong>in</strong>g; and prevent<strong>in</strong>g the concentration<br />

10 By sub-decree, an ELC can also be used as a legal <strong>in</strong>strument to convert state public land <strong>in</strong>to state private<br />

land (Articles 14 and 15, Land Law 2001)<br />

<strong>CDRI</strong> Work<strong>in</strong>g <strong>Paper</strong> Series No. 60<br />

27

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