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Recommendations to the private sector
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Corporate investments in Cambodia should apply BHR and government
laws in all stages of operations;
Suspend operations of all companies with ongoing disputes with
communities (relating to fallow land, compensation, resettlement, labor,
etc.) until these are resolved to the documented satisfaction of the
community members involved;
Disclose to the public all master plans, ESIAs, and other relevant documents
relating to the ELC concessions;
Ensure regular communication with affected communities on the progress
of investment projects and the implementation of compensation and
redress measures;
Effectively implement measures recommended by the 2010 Guide
on by-law development and issues related to indigenous peoples in
Cambodia, including particular measures to protect the traditions of the IP
Cambodia Land Conflict Monitoring Report
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Apply an immediate moratorium on all ELCs due to widespread human
rights violations;
When registration as legal entities or collective titling has not been
secured, provide preliminary recognition and grant interim protection
measures to indigenous communities which may be potentially affected
by economic projects, as per Article 23 of the 2001 Land Law; the Interministerial Circular on Interim Measures should be reviewed so as to ensure
full compliance with the land law as well as with international law;
Ensure adequate and meaningful consultation and participation of
communities affected by ELCs, including the free, prior and informed
consent of affected indigenous people;
Facilitate rapid registration of the concerned communities as indigenous
people, in collaboration with actors already involved such as the local
NGOs and community-based organizations; in case registration is not
completed, provide documentary evidence to communities whose
registration is pending so that they have some legal back up;
Undertake a contractual compliance review of all concessions, and as
per Article 37 of the Sub-decree on ELC, and suspend those found to be
operating unlawfully until they comply with national and international law;
Establish an independent, multi-sectoral monitoring mechanism on large
scale agribusiness to guarantee the respect for human rights standards
and responsible agro-investment;
Explore alternatives to large scale investment and monoculture plantations
to protect the right to food, ensure sustainable development and reduce
poverty; and,
Ensure the independence of the judiciary so it can provide an effective
remedy in case of rights violations.
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