n.d.) in the whole country, while 24 of 455 villages3 of indigenous communities
have received communal land title (CLT).
In May 2012, the government reformed the implementation of ELCs in
Cambodia. The intervention sought to address conflict between the local land
possessors/holders and the companies implementing the projects on the ELC
approved areas.4
An expropriation law in Cambodia gives the State the right to take land
from citizens with appropriate compensation.
In general, the poor have difficulty in accessing remedies and government
authorities. This places greater responsibility on government to ensure that the
human rights of those impacted by business activity are protected.
The UNGP BHR also requires States to ensure that people have access to
alternative dispute resolution or an independent judiciary for remedy if their
human rights are adversely affected by business activity. The State has the
obligation not only under the UDHR and ICCPR but also to the Constitution to
ensure the access of every Cambodian to an independent and impartial judiciary.
The judiciary of Cambodia had been functioning without a basic law on
its establishment and operations until 2015. In 2015, three laws – (a) the Law on
Judges and Prosecutors, (b) Law on Supreme Council of Magistracy and (c) Law
on Organization and Functioning of the Court - were passed. These laws were
criticized as having put the judiciary fully under the control of the Ministry of
Justice, which is under the executive branch.
The judiciary has yet to gain the trust and confidence of the Cambodian
people. Corruption, the lack of legal aid for the poor, and convictions based
on testimonies under police coercion are some of the major issues that cause
distrust. In addition, human rights defenders (HRD) who provide service to the
needy are often sentenced to jail for their work.
With regard to indigenous peoples (IPs), the land legislation recognizes
their rights to land and customary practice. IPs constitute approximately 1.7
percent of the population, and inhabit areas that are rich in resources, including
forest and mining land. Some have suffered from forced eviction, others from
land grabbing or systematic discrimination.
Traditionally, IPs in Cambodia practice shifting cultivation and place no
value on formal land administration. In this context the land legislation recognizes
3
List of community/villages of indigenous community defined by the Government in 2009 as affected by the Economic Development.
4
See detailed procedure in manual for PM Directive No.001 implementation in May 2012.
ANGOC and KPA
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