evTikaénGgÁkarminEmnrdæaPi)al sþIBIkm<úCa The NGO Forum on Cambodia eFIVkarrYmKñaedIm,IPaBRbesIreLIg Working Together for Positive Change Statistical Analysis of Land Disputes in Cambodia, 2014 Phnom Penh, Cambodia September 2015 Khmer-English Bilingual Version Statistical Analysis of Land Disputes in Cambodia, 2014 Printed date: September 2015 Published by The NGO Forum on Cambodia Written by Research Advocacy and Communication Center (RACC) Data analysed by Ms. NET Channa, GIS and Database Offi cer Layout designed by Mr. PHOURN Yu, Information and Publication Offi cer Address:#9-11 Street 476 Sangkat Toul Tom Pong 1, Khan Chamkar Morn, Phnom Penh City, Cambodia. P.O Box: 2295, Phnom Penh-3 Tel: (855-23) 214 429 Fax: (855-23) 994 063 Email: [email protected] Website: www.ngoforum.org.kh DISCLAIMER: The views expressed in this report are those solely of the authors and do not necessarily represent the views of The NGO Forum on Cambodia. While the content of this report may be quoted and reproduced, acknowledgement and authorization of the report’s authors and publisher would be appreciated. © The NGO Forum on Cambodia, September 2015 Acknowledgements The NGO Forum on Cambodia would like to thank all individuals and organiza- tions that assisted the Research Advocacy and Communication Centre (RACC) team of the NGO Forum on Cambodia to compile the data presented in this re- port. We are especially grateful to the NGOs that were fully involved in the pro- cess of data collection, namely ADHOC, LICADHO, Vigilance, Khmer Kampu- chea Krom Human Rights for Development Association (KKKHRDA), Community Legal Education Centre (CLEC), Housing Rights Task Force (HRTF), Cambodian National Research Organization (CNRO) and Land and Housing Rights Network (LAHRiN) members as well as all provincial government authorities, who pro- vided assistance during data collection and validation in the field. RACC would like also to thank organizations and community representatives for the infor- mation they shared. This report would not have been possible without their val- uable help and support. Table of Contents Acromyms ........................................................................................................iii Terms of Defi nitions..........................................................................................iv Summary .....................................................................................................................v 1. Introduction .................................................................................................1 2. Purpose of the Report ..................................................................................3 3. Dispute Resolution Mechanisms ..................................................................3 4. Methodology ................................................................................................6 4.1 Land Dispute Cases Identifi cation Criteria ..............................................6 4.2 Data Collection and Updating Data on Land Disputes ...........................7 4.3 Tools Used in the Statistical Analysis ......................................................7 4.4 Limitations of the Methodology..............................................................8 5. Results of Data Analysis ...............................................................................8 5.1 Land Disputes by Year ............................................................................8 5.2 Land Disputes and Their Location ..........................................................9 5.2.1 Location of Land Disputes in Phnom Penh .....................................10 5.2.2 Location of Land Disputes in Rattanakiri ........................................12 5.3 Land Dispute Cases Solved by Year ........................................................13 5.4 Resolution of Land Dispute Cases ..........................................................15 5.4.1 Institutions Receiving Complaints ...................................................15 5.4.2 Resolution Process .........................................................................17 5.5 Households Affected by Land Disputes ..................................................18 5.6 Types of Land Impacted by Land Disputes .............................................19 5.7 Reasons for Land Dispute.......................................................................21 5.8 Documents and Methods Used by Second Party to Acquire Land ...........22 6. Current Occupation of Disputed Land .........................................................23 7. Land Disputes Caused by Economic Land Concessions (ELCs) .....................24 8. Land Disputes Affected to Indigenous People ..............................................25 9. Forced Displacement ...................................................................................26 i 10. Annexes ......................................................................................................28 Annex A: Map of Households Affected by Land Disputes by Province in 2014 ...28 Annex B: Type of Land Affected by Land Disputes by Province in 2014 ............29 Annex C: Number of Land Dispute Cases by Province in 2014 .........................30 11. Appendixes .................................................................................................31 Appendix 1: Twenty Eight New Land Dispute Cases in 2014 ............................31 Appendix 2: Land Dispute Cases Solved in 2014 ..............................................32 Appendix 3: Land Dispute Cases was Provided Legal Assistance by NGOs .......36 Appendix 4: Forced Displacement in 2014 .......................................................37 ii Acronyms ADHOC Cambodian Human Rights and Development Association CLEC Community Legal Education Center CNRO Cambodian National Research Organization ELC Economic Land Concession GIS Geographic Information System HH Households HRTF Housing Rights Task Force KKKHRDA Khmer Kampuchea Krom Human Rights for Development LD Land Dispute LICADHO Cambodian League for the Promotion and Defense of Human Rights NALDR National Authority for Land Dispute Resolution NGOF The NGO Forum on Cambodia RGC Royal Government of Cambodia RACC Research Advocacy and Communication Centre SLR Systematic Land Registration SPSS Statistical Package for the Social Sciences Vigilance Human Rights Vigilance of Cambodia iii Terms of Definitions The definitions used here are specific to this report, and caution should be taken in applying this terminology in other settings. For the purposes of this report, the following terminology is used. Abandoned Claim: Refers to cases in which land claim was given up, or relinquished by the original complainants. Agricultural Land: Land that is suitable for agricultural production, including both crops and livestock Forced Displacement: The forced removal of people against their will from land where they live, or where they conduct agricultural activi- ties. Land Dispute: A disagreement between two or more parties concerning the right to hold, control, access, or use a specific piece of land. Land disputes may involve all or part of a plot of land, and may also occur when there is disagreement concern- ing the boundaries between adjacent land plots. Multi- Purpose Land : For the purpose of this report, the “Multi- Purpose Land” refers to the disputed land which is used for many pur- poses including vegetable and crop planting, rice farming, living, etc. Original Landholder(s): For the purpose of this report, the “original landholder” refers to the person, or people who used or controlled the disputed land prior to the dispute commencing. Second Party: For the purpose of this report, the “second party” refers to the person who is seeking to claim the land of the original landholder. Silent Cases: Refersto cases which wereraisedto the relevant authori- ties, but over the course of the last year did not see any significant progress towards a resolution iv Statistical Analysis of Land Disputes in Cambodia, 2014 Summary The purpose of the report is to provide documentary evidence of land disputes recorded throughout 2014. This evidence was gathered from articles on land disputes from local printed media, meetings with Land and Housing Right Net- work (LAHRiN)1 members, and through on site data collection. This report aims to raise awareness and understanding of the current situation regarding land dis- putes, and act as a resource for other stakeholders working on land issues The followings are the summaries of the main findings in the report. Number of land disputes: The number of new land disputes in 2014 is lower compared to cases recorded in its previous years. Provinces affected by land disputes: The disputes occurred across the country. Phnom Penh remains the place where the highest rate of land disputes recorded and Ratanakiri came second. ELCs are a major cause of land disputes: by date, land disputes as high as 86 cases caused by ELCs and by these disputes, 17,150 households or 78,890 people af- fected. Land Disputes Affected Indigenous People: Among the on-going 270 dispute cases, 49 or 18.14% were reported to having affected indigenous people from eight provinces. Forced displacement: It is counted five forced displacements in 2014 occurring in three provinces, three cases in Pursat and one case in Mondulkiri and another one in Ratanakiri and this displacement has affected to 230 families or 1,058 people. The number of solved disputes: Land dispute