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Measures to protect land rights defenders
Protection mechanisms
Cambodia has ratified six out of the nine international human rights treaties,
one of the best ratification records in South-east Asia. However, this record
does not reflect the situation of human rights defenders (HRDs) on the
ground. In recent years, Cambodian government has increased its policy of
repression of HRDs. The authorities use legislation and the judicial system,
and the threats of arrest or legal action, to restrict free speech, jail government
critics, disperse workers, trade union representatives and farmers engaging in
peaceful assemblies (Front Line Defenders, 2018).
HRDs who work to promote and protect economic, social, and cultural rights
are particularly targeted by the authorities. Trade union leaders have been
subjected to arrest, physical violence, and judicial harassment. Community
activists defending the right to housing and protesting against land grabs and
forced evictions have faced fabricated charges and jail terms. Most of them
are charged with offences such as damage to private property, incitement,
robbery, assault and drug smuggling. Physical violence, including killing, is
also used to silence HRDs.
According to ADHOC, 232 people – including land activists, community
representatives and those resisting forced eviction – were arrested in 2012 in
relation to land and housing issues. This is a 144 percent increase over 2011,
when 95 people were arrested and 48 were detained. HRDs have repeatedly
found themselves threatened and intimidated by the authorities, often at the
bequest of well-connected business figures. In 2012, 238 HRDs faced judicial
harassment. Those threatened have not had any protection offered from the
authorities. Rather, threats and intimidation have come from officials, including
local, provincial and judicial authorities.
The Law on Association and NGOs, which was signed by the Council of
Ministers in 2016 without proper consultation with civil society and taking
recommendations from CSO inputs, is expected to further tighten restrictions
Cambodia Land Conflict Monitoring Report
NARLD. There are a number of shortcomings associated in lodging a
complaint with the NARLD. Complainants must file a written complaint in
person at the NARLD office in Phnom Penh. Such a requirement has made
access to this dispute resolution mechanism difficult in comparison to local
authorities, Cadastral Commissions and the Courts. While the complaint is not
required to be in any specific form, it must be submitted along with supporting
documents, such as ID cards and family books.
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