In defense of land rights: A monitoring report on land conflicts in six Asian countries
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on freedom of association. It introduces compulsory registration for all NGOs
before they are allowed to “operate any activity” and imposes burdensome,
overly bureaucratic registration requirements. The law also includes vague
provisions which may provide for arbitrary and selective denial of registration
and, thus, the criminalization and/or closure of NGOs and associations.
Reform measures
In order to enhance protection for HRDs, the following are proposed:
n Adopt appropriate measures to disseminate widely and ensure full
observance of the Declaration on Human Rights Defenders;
n Develop a national policy to protect human rights defenders;
n Effectively investigate and prosecute crimes and violations against human
rights defenders and punish those responsible;
n In line with the previous recommendation made by the Committee on
Economic, Social and Cultural Rights, adopt effective measure to combat
the culture of violence and impunity and to better protect human rights
defenders, including indigenous leaders and peasant activists;
n Investigate and prosecute any attacks on – or false allegations in relation
to – human rights defenders, in particular those working with communities
to protect land, houses and access to natural resources and prevent forced
displacement. This issue has been reported on by the Special Rapporteur
and the Committee on Economic, Social and Cultural Rights; and,
n Strengthen efforts to protect freedom of expression and the right of all
human rights defenders, including those working on land rights issues,
to conduct their work without hindrance or intimidation, including
safeguarding freedom of assembly and association.
RECOMMENDATIONS
Recommendations to the Government of Cambodia
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ANGOC
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Government should adopt the BHR scorecard standard to assess private
sector agricultural investments;
Conduct capacity building for government officers on land laws and
dispute resolution mechanisms;
Government should expedite land title registration;
A land use plan must be adopted by the Provincial-Municipal State Land
Management Committee and land use should be consistent with the plan;
Accelerate indigenous communal land registration by simplifying the
process and increase political will to support the indigenous people’s
communities;
Restore democratic space and support the human and land right defenders;
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