In defense of land rights: A monitoring report on land conflicts in six Asian countries 66 n n n n 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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