In defense of land rights: A monitoring report on land conflicts in six Asian countries
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issue binding decisions, they may assist the conflicting parties in resolving
their disputes.
Administration Commission. The 2001 Land Law established the
Administration Commission under the supervision of the Ministry of Land,
which has the competence to identify properties, hear possession claims,
and to register people’s land. The Commission can resolve conflicts on
possession claims only.
Cadastral Commission. The 2001 Land Law established the Cadastral
Commission under the supervision of the Ministry of Land, which has the
competence to identify properties, establish cadastral index maps, issue
ownership titles, register land and inform people about the status of each
parcel of land. The Cadastral Commission does not focus on “possession
claims” but on “registration claims,” i.e., land that has not yet been
formally registered with the Ministry, as legally required.
Courts system. The courts in Cambodia have jurisdiction involving
disputes over registered or titled land (Sub-Decree No. 47). If the parties
are not satisfied, the case can be filed with the Court of Appeal. Parties who
are not satisfied with the decision of the National Cadastral Commission
may also file an appeal with the Court of Appeal (Article 23, Land Law).
Courts also have jurisdiction over cases relating to forced evictions as
well as contract and inheritance disputes, regardless of whether the land
is registered or not (Ministry of Justice and MLMUPC, Joint Prakas No.
3). If the dispute is related to unregistered land, the parties must first go
through the Cadastral Commission.
National Authority for the Resolution of Land Disputes (NARLD). The
Government has also set up a “National Authority for the Resolution of
Land Disputes” which is composed of 17 high-ranking officials of various
ministries. However, the members have largely delegated their tasks
to others and this body is ineffective in practice (Royal Decree on the
Establishment of National Authority for Solving Land Disputes).
LESSONS LEARNED FROM THE CASES
ANGOC
Informal dispute settlements are traditional in rural areas, and facilitated
by village chiefs. Some 90 percent of respondents agree that this mechanism
is easy to access, reducing the incidence of unnecessary violence within the
population. Under this mode, people do not have to prepare a lot of complex
documents or endure long procedures. Monitor the non-systemic dispute:
local authority is monitoring with village as they are responsible for resolving
disputes and preparing documents relating to their local disputes.
Court cases. The case is located at the provincial court, which has nothing to
do with the authority of the commune, district or department.
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