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CONTEMPORARY LAND ISSUES AND CONFLICTS
Although there are some figures on land dispute cases submitted to the
Cadastral Commission or the Courts, the Royal Government of Cambodia
(RGC) does not disclose reliable data through website about land disputes.
Thus, the research relies primarily on local NGOs and the media to get an idea
of the real size of the problem. NGOs working on land issues note that land
disputes have continued to increase since the 2000s to the present.
Violations and abuses over land rights are among the most prevalent human
rights violations in Cambodia today. Despite the legal protections governing
land rights provided in Cambodia’s Constitution, national laws and international
law, vulnerable communities continue to have their land illegally and unfairly
taken away.
Land is typically transferred to powerful individuals or companies for business
or commercial development, often in clear violation of Cambodia’s legal
framework and international human rights obligations. Agribusiness companies
are often behind land grabs and forced evictions of rural communities to
make way for rubber or sugar plantations. Land has also been appropriated
for the construction of hydroelectric dams, which in addition to displacing
communities, have devastating long-term environmental and economic
impacts on the affected areas.
Economic land concessions
An economic land concession (ELC) is a legal right established by an official
document granted by the RGC to an individual, group of individuals, or legal
entity to occupy and develop State or private land. The right to an ELC is
subject to a number of restrictions imposed by the Land Law of 2001 (“Land
Law”), relevant sub-decrees, and the terms of the specific concession contract.
There are 97 economic land concessions that have been granted from 1992 to
31 December 2006 by the RGC. Of this number, nine concessions have been
agreed to in principle by the Council of Ministers, covering an area of 64,208
hectares. However, contracts for these have not yet been signed. The Ministry
Cambodia Land Conflict Monitoring Report
of Land Management, Urban Planning and Construction (MLMUPC) and
Ministry of Agriculture, Forestry and Fisheries (MAFF), and other relevant
government ministries were also collated and analyzed. Research papers and
other reference materials on the land issue were also reviewed. Finally, expert
interviews were conducted to provide additional depth. The study focused in
the province of Kampong Chhnang, where SK has an existing project.
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