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Furthermore, Article 2 of the Sub-Decree on Forest Concession
Management (2000) requests a “regular consultation with, and participation
by, local communities and other relevant stakeholders in the development
of concession management.”
Immediate outcomes
Land disputes have become a serious and persistent issue in Cambodia. In
response to unrest, the government stopped leasing large plots to privatesector investors a few years ago. Earlier land deals, however, are still causing
tensions.
Cambodia is one of the least developed countries in Southeast Asia. According
to the Asian Development Bank (ADB), 14 percent of the people live below
the poverty line today. They have a purchasing power of equals less than $
1.25 per head, per day.
Affected communities have staged many rallies in Phnom Penh, hoping
that the government would solve their problems. Villagers have also invited
policymakers from the National Assembly, the Senate and relevant ministries
to intervene (Sun, 2017).
MECHANISMS TO ADDRESS CONFLICT AND VIOLENCE
Available formal and informal land conflict resolution
and management mechanisms
Legal, administrative, and judicial mechanisms. There are five dispute
resolution mechanisms to address land-related conflicts stemming from
land-grabs and ELCs: 1) the Commune Councils; 2) the Administrative
Committees; 3) the Cadastral Commission; 4) the National Authority for
Land Dispute Resolution (NARLD); and, 5) the court system.
Commune Councils. The Commune Councils “reconcile differences of
opinion” among citizens of communes, but do not have power to make
decisions (Sub-Decree No. 22 ANK/BK). While not a prerequisite, in
practice most cases are heard before Commune Councils before going on
to higher levels. Although the Administrative Committees lack power to
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Cambodia Land Conflict Monitoring Report
requires concessionaires to make sure their operations do not interfere
with “customary user rights taking place on land property of an indigenous
community that is registered with the State consistent with the Land Law;
and customary access and user rights practiced by communities residing
within, or adjacent to forest concessions” (Article 15, Forestry Law).
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