agenda for the Fourth Legislature of the National
Assembly (2008-2013). It aims to improve
agricultural productivity and diversification, land
reform and de-mining, fishery reform and forestry
reform. The strategy aims to promote an equitable
and efficient system of land management,
distribution and utilization. It also undertakes
to provide support for land registration and
distribution, land tenure security, eradication of
illegal settlements and land grabbing.
Royal Government of Cambodia’s National
Forestry Policy. This document is not so much
a policy but “Royal Government on National
Forest Policy Statement.” Cambodia still needs to
develop a comprehensive forestry policy.
National Strategic Development Plan update
2009-2013. According to this policy document,
the RGC will “continue to resolve land conflicts
by using legal mechanisms to ensure justice
coupled with the out-of-court conflict settlement
mechanism.”
Agriculture Sector Strategic Development
Plan 2006-2010. This document has identified
the following seven strategic objectives for the
agriculture, fisheries and forestry sectors:
• Food security, productivity, diversification;
• Improve and strengthen agricultural research
and extension systems;
• Market access for agricultural products;
• Institutional and legislative development
framework;
• Land reform - land market development and
pro-poor land access;
• Fisheries reform - sustainable access;
• Forestry reform - promote sustainable
conservation and management of forests,
ensure better management of natural
protected areas.
Effectiveness of laws, policies, structures
and mechanisms
Lack of implementation of laws and policies re
IP land rights. There seems to be a near universal
consensus among domestic and international
CSOs, as well as UN agencies, that the laws
governing land rights and other customary rights
of IPs in Cambodia are very credible and well
thought out on paper. Technically, there are few
serious criticisms one can make about the relevant
laws. The key problem, which has been repeated
time and again by most of the stakeholders is a
near complete lack of implementation of the
legal and policy framework related to IPs’ land
rights in Cambodia.
The Land Law 2001 recognizes the communal
dimension of property rights of IPs, which is a
very welcome step. However, since 2001 when
the law was passed, only eight IP communities
have been awarded collective land titles. More
often than not, the authorities disregard the right
of indigenous communities, refuse to recognize
them as legal entities, and fail to implement
measures to protect the land from encroachment
by companies before a demarcation and
determination of land has been completed
(ADHOC, 2013). Often communities report
intimidation and threats from the authorities that
pressure the community members to settle for
individual, as opposed to community, land titles.
The land alienation of IPs was further increased
by the launch of Directive 01BB, which lacked
clarity from the start and was made even more
complicated by numerous policy changes.
Bottom up approach to CLT. Officially the Land
Law of 2001 provides for two ways in which
communities can acquire a communal land title,
that is a top-down approach (whereby the state
Lok Niti
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