land cso monitoring...•the report of the special rapporteur on the situation of human right in...

17

Upload: others

Post on 07-Sep-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and
Page 2: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

It is hoped that the compilation of this paper will serve the following purposes:

• Information sharing and learning in general and especially among NGOs in the Steering Committee, which formed to monitor this land grab issue;

• Provide a basis for developing advocacy objectives, strategies, and messages with the above Steering Committee members and target local communities who are affected by land grabbing issue

• Provide a baseline for monitoring the progress in the future; and

• Contribution to land monitoring and advocacy efforts at the regional level, coordinated by ANGOC and Land Watch Asia (LWA).

Page 3: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

• No collection of primary data is employed in this study.

• The study is purely based on reviews of existing literature that is available from various sources, including the government, the donor community, NGOs, research institutes, media, and academia

Page 4: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

• The study encountered some challenges to collect consolidated datato meet the set indicators, where there are not many.

• All though most of the cases were recorded by individual NGOs, thereare no consolidated numbers and collating data, for instance, numberof people killed, detained, harassed, and so forth.

Page 5: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

1. Input indicator

1.1 State budget allocation , 1.2 ODA in land sector , 1.3 Legal framework on land sector

2. Indicator on land tenure

2.1 Land tenure, 2.3 Economic land concessions, 2.4 Number of people killed, 2.5 Number of people detained, 2.6 Number of people harassed, 2.7 Case received, investigation, and adjudication, 2.8 Cases of land grabbing and areas of land grabbing, and

2.9 Forced evictions.

3. Indicators on access to land

3.1 Land ownership and 3.2 Landlessness

Page 6: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

1.1 State budget allocation

Based on www.cambodianbudget.org, showed that the government allocated a 2013 budget for land in the amount of USD 8,754,000.

Program Budget (in 000s)

1 Land Distribution for Social and Economic Development

(LASED)

196

2 Comprehensive Land Policy 53

3 Land Valuation and Land Registration Project 247

4 Planning and Land Use Project 200

5 Regulations and Rules for Construction in Cambodia 58

6 Social Land Concession 8000

Page 7: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

1.2 ODA in land sector

• The land sector reform in Cambodia has been financed by a variety of donors to those supporting programs. Based on the online database of the Official Development Assistance (ODA), the data shows that the total ODA from 2010-2012 was USD 2,332 million.

Page 8: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

2.1 Land tenure:

• The report of the Special Rapporteur on the situation of human rightin Cambodia, 2012 had mentioned that millions of Cambodians stilllack documentation and the full recognition of their right that comewith a land title.

• Based on the notification letter from the MLMUPC of Cambodia datedJanuary 13, 2014, the following results were achieved through theimplementation of the new actions, which aim to enforce the existingpolicies in the land sector. In accordance with Order 01, 710,000 landparcels were surveyed and registered

Page 9: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

2.3 Economic land concessions

• CCHR report estimated that over 3 million hectares of land,approximately 16.6% of the total 181,035 km² of land in Cambodia,have been granted through ELCs to foreign and domestic companiesas well as wealthy political members of the elite for industrialdevelopment.

• Over one million hectares of land were granted through ELCs duringthe fourth mandate of the National Assembly (2008-2013).

Page 10: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

2.4 Number of people killed

Since 2012 two land and environmental activists were shot dead:

• On April 26, 2012 the environmental and land activist Chhut Wutthywas killed after gendarmes and company security guards.

• On May 16, 2012 security forces shot Heng Chantha, a 14-year-old girl, during a government military operation against villagers in Kratieprovince, eastern Cambodia

Page 11: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

2.5 Number of people detained,

The report from Human Rights Watch showed that in 2012, thegovernment arrested more than two hundred land activists anddefenders - more than double compared with the 98 people arrested in2011, and higher than any year on record since 2007.

Page 12: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

2.6 Number of people harassed???

• There are no concrete data on harassment in land conflicts inCambodia.

• However, there are some examples of the harassment of the landactivists. Three families involved in a land dispute in Tuol Kork district.A bag of poisonous cobra snakes was thrown through the window ofone of the families’ homes in Boeng Kak I commune.

Page 13: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

2.7 Case received, investigation, and adjudication

As a note from GIZ’s factsheet September, 2013 : The cadastral has

Cases Received, Solved Several Party Conflict

Nearly 5,000 cases More than 2,500 cases Nearly2,500

Page 14: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

2.8 Cases of land grabbing and areas of land grabbing

• As noted by a Human Rights Watch’s Report, an estimated 700,000Cambodians have been adversely impacted by ELCs since 2000 and in2011 alone, 11,000 families were affected.

• The CCHR report estimated 223 land disputes have been reported inthe public domain in the last four years since 2007 that at least 5% ofCambodia’s total land area is subject to a conflict.

Page 15: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

2.9 Forced evictions

• As a Joint NGO Submission to the 2nd Cycle of the Universal Periodic Review of Cambodia in June 2013, the report on Land and Housing Rights maintained that in 2011 alone, at least 600,000 people were evicted from 127 communities.

• According to the Theang Tnout Organization Report, the displaced families in Phnom Penh during 1990-2011, there were more than 29,358 families around 146,790 people have been evicted.

Page 16: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and

3.1 Land ownership?

3.2 Landlessness?

Page 17: Land CSO Monitoring...•The report of the Special Rapporteur on the situation of human right in Cambodia, 2012 had mentioned that millions of Cambodians still lack documentation and