evTikaénGgÁkarminEmnrdæaPi)al sþIBIkm<úCa The NGO Forum on Cambodia eFIVkarrYmKñaedIm,IPaBRbesIreLIg Working Together for Positive Change

Statistical Analysis of Land Disputes in , 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, 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 as high as 68 cases were fully re- solved in 2014.

 1 LAHRiN a network of organizations that work on land and housing rights issues in Cambodia. This network has three levels: 1) The Steering Committee, comprised of the Directors of selected NGOs, 2) The National LAHRiN Committee, comprised of member NGO Program Managers or Project Managers based in Phnom Penh, and 3) The Provincial LAHRiN members, which includes NGOs based in the provinces that work on land and housing rights issues.

v

Statistical Analysis of Land Disputes in Cambodia, 2014

1. Introduction

Land disputes in Cambodia are widely seen as one of the biggest challenges fac- ing the Cambodian people. In the worst cases, land disputes can lead to loss of land and access to resources, which is inconsistent with the Royal Government of Cambodia (RGC) achieving its poverty reduction goals. The scale and prevalence of land dispute in Cambodia has raised concerns among the local and interna- tional community.

Records in the database of the NGO Forum on Cambodia show that some land dispute cases have been on-going for a number of years, and this has compro- mised the living conditions and livelihoods of the affected people. These records indicate that there are many factors causing land disputes, including infrastructure development projects in urban and rural areas, economic land concessions (ELCs), other concessions, settle on public state land or private state land and interna- tional companies and land grabbing by individuals.

The law requires Social and Environmental Impact Assessments (SEIA) for these projects. Often they are not conducted or when they do take place, they are car- ried out in a sub-standard manner with little opportunity for public participation. In conjunction with the failure in law enforcement to protect the rights of local communities, this further exacerbates land disputes and is inconsistent with agreed development goals.

The earliest available “Statistical Analysis of Land Disputes in Cambodia” by NGO Forum is from 2007. Land Disputes peaked in 2008 at the same time as land values in Cambodia rose sharply. The following year, the number of land disputes fell slightly, but in 2010, 2011 and 2012 they began to rise once more. However, the new cases for 2013 and 2014 have fallen again against the records in their previous year of 2012.

In recent years, the RGC has developed a number of new policies and legal frameworks related to land and natural resources which aim to implement im- proved procedures related to land administration and management, including the

1 Statistical Analysis of Land Disputes in Cambodia, 2014

prevention and resolution of land disputes.2 In May 2012, the RGC declared a moratorium on the granting of ELCs and announced a review of existing ELCs, combined with a new land titling scheme, which aimed to grant land titles to 470,000 households on 1.8 million ha, living in ELC and forest concession areas as well as on state public land. 3This mechanism, known as “Directive 01”4 called also for increased monitoring of ELCs and reinforced the concept of the “leopard-skin policy”, which means that land inhabited by farmers must be cut out of the concession areas. Directive 01 also “seeks to resolve and legalize un- clear land occupation through the donation of ownership rights, the granting of small-scale ELCs or social land concessions in order to ensure tenure security; to resolve land conflicts […]”.5

 2 For example: Land Law passed by the National Assembly on July 20, 2001 , The Declaration of theRoyal Government of Cambodia on Land Policy (1st July 2009); Law on Expropriation, 26 Feb 2010; Circular 03 on Resolution of Temporary Settlements, 31 May 2010; National Policy on the Development of Indigenous Peoples, 2009; Sub-Decree No 83, 09 June 2009 on the Procedures for Land Registration of Indigenous Community Land (L&R/L&P/2009/Khm) (Ogs, Year 09, No. 43, June 12, 2009); and Inter-Ministerial Circular on Interim Protective Measures Protecting Lands of Indigenous Peoples that has been requested for collective ownership titling, while awaiting titling process according to procedure to be completed May 31, 2011. 3 See also Christoph Oldenburg, Andreas Neef: Reversing Land Grabs or Aggravating Tenure Inse- curity? Competing Perspectives on Economic Land Concessions and Land Titling in Cambodia, The Law and Development Review 7(1): 49–77, 2014, http://www.degruyter.com/view/j/ldr.2014.7.issue-1/ldr-2014-0014/ldr-2014-0014.xml?rskey=ca4K lo&result=1.

4 “Directive on Measures to Strengthen and Foster Effectiveness of ELC management” reads: 1. To temporarily postpone granting economic land concessions; 2. Ministries, institutions and authorities with relevant competence shall execute the decision of the Royal Government on granting ELCs and pay attention to implement contracts on ELCs, particularly to implement the tiger-skin formula policy (explained in more detail below) and not to affect communal land and livelihood of citizens, aiming to insure these ELCs produce tangible benefits for the nation and its citizens sustainably. 3. For companies already possessing government permits but failing to comply with applicable procedures and contracts, by logging without developing the ELC, encroaching on extra land, leaving the land vacant for resale, proceeding with transactions contrary to terms of contract, encroaching on lands of citizens or communities, the Royal Government will withdraw those ELCs. Those withdrawn lands will be placed under direct control of the state. 4. Regarding ELCs which received permits in principle from the Royal Government prior to the issuance of this regulation shall proceed to comply with applicable laws and procedure.

5 Speech of H.E. Im Chhun Lim, Senior Minister and Minister of Land Management, Urban Planning and Construction and Chairman of the Council for Land Policy, Phnom Penh, 26 September 2012 (unofficial translation).

2 Statistical Analysis of Land Disputes in Cambodia, 2014

In addition, MAFF and MoE signed an Inter-Ministerial Proclamation/Prakas on Strengthening ELCs management on May 09 2014, which also aimed to reducing land disputes.

However, it is still unclear how successful these new policies and frameworks have been in terms of resolution of land disputes. Land disputes in Cambodia are still widely reported in both local and international media. The data presented in this report might differ from data published by other organizations due to a dif- ferent methodology used. This report aims to track the trends in the emergence and causes of land disputes collected by NGO Forum and provide documentary evidence for stakeholders seeking to understand this important issue.

As indicated in the report, some LD cases have continued for a long time. This has a significant impact on the livelihoods of local communities.

2. Purpose of the Report

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) members, and through on site data collection. This report aims to raise awareness and understanding of the current situation regarding land disputes, and act as a resource for other stakeholders working on land issues including government officials, donors, LAHRiN members, Cambodian and international civil society and academic researchers. The report will also provide documenta- tion that NGO Forum and other groups may use to advocate for improved land tenure security for poor and vulnerable people in Cambodia.

In addition, it is hoped that the contents of this report will be useful to government stakeholders that are working to find solutions to Cambodia’s current land situa- tion. Whilst NGO Forum is aware that the challenges are formidable, it is hoped that the result of this land dispute analysis will contribute to the implementation of policies and actions that will lead to the resolution of these land disputes.

3. Dispute Resolution Mechanisms

In the context of land disputes, it is important to differentiate between disputes over ‘untitled’ land, land for which no formal land titles have been issued, and disputes over ‘titled’ land. Depending on what land the dispute is about, different

3 Statistical Analysis of Land Disputes in Cambodia, 2014

dispute resolution mechanisms are used to resolve the dispute.

Five formal conflict resolution mechanisms exist in Cambodia. These are:

x Commune Councils x Cadastral Commissions x Administrative Commissions x National Authority for Land Dispute Resolution x Courts

Commune Councils have the mandate to “reconcile differences of opinion” among commune citizens but no decision making authority.6 While no formal procedure exists for the Commune Council, most cases go to the Commune Council before they go to higher levels.7

The Cadastral Commissions have jurisdiction in disputes over untitled land.8 Cadastral Commissions exist on the district/Khan level, “District/Khan Cadastral Commission (DKCC)” on provincial/municipal level “Provincial/Municipal Ca- dastral Commission (PMCC)” and on the national level “National Cadastral Commission (NCC)”. 9 In case no equitable solution can be reached, Dis- trict/Khan/Cadastral Commissions shall submit the dispute file to the Provin- cial/Municipal Cadastral Commission for the following reasons:

(1) One person claims several parcels of land that are also claimed by other small land holders; (2) One of the parties is a high-ranking authority; (3) There is a conflict of interest with the Chief of the DKCC; (4) The dispute involves State public land10

 6 Art. 6, No 47 ANK.BK/May 31, 2002, Sub Decree on Organization and Functioning of the Cadastral Commission. 7 Cambodian Conflict Resolution Mechanisms, GIZ Land Rights Program II August 2014, Presentation during TWG Land DP Meeting, August 2014. 8 Sub-decree No.47 ANK.BK, dated 31 May 2002. 9 Art 10, No 47 ANK.BK/May 31, 2002 Sub Decree on Organization and Functioning of the Cadastral Commission. 10 Ibid

4 Statistical Analysis of Land Disputes in Cambodia, 2014

In general, each dispute will pass through the following procedure: complaint, investigation, administrative meeting, conciliation, and registration.11 The lower level Cadastral Commission, DKCC, has no power to decide upon a conflict; this authority only belongs to the PMCC and NCC after three attempts at concilia- tion.12

Administrative Commissions are not a permanent conflict resolution mechanism. The Administrative Commissions existence is only temporary during the System- atic Land Registration Process. Administrative Commissions are mandated to conciliate conflicts over (yet) untitled parcels, whether claimed by individuals, companies or the state. Unsuccessful conciliation cases are sent to NCC.13

The National Authority for Land Dispute Resolution (NALDR) has jurisdiction over cases which are “beyond the jurisdiction” of the Cadastral Commissions, or the courts.14 This vague allocation of competencies is doubtful, as there are no cases beyond the competencies of the Cadastral Commissions or the Courts. In fact, high profile cases are mostly referred to NALDR, which is chaired by the deputy prime minister, and has 26 Ministries and Authorities as members. An additional 10 members serve as the as General Secretariat chaired by the Council of Ministers (CoM), and the Secretary of State.

Courts have the mandate to resolve disputes over titled land. Three levels of ju- risdiction exist, Courts of First Instance, Appeal Court and the Supreme Court. However, in practice courts are often not accessible for the poor due to the high fees involved.

 11 No. 112 DNS/BrK , 21 August 2002 Prakas on the Guidelines and Procedures of the Cadastral Commission, see also Cambodian Conflict Resolution Mechanisms, GIZ Land Rights Program II August 2014, Presentation during TWG Land DP Meeting, August 2014. 12 Art. 29ff , 112 DNS/BrK , 21 August 2002 Prakas on the Guidelines and Procedures of the Cadastral Commission; see also Cambodian Conflict Resolution Mechanisms, GIZ Land Rights Program II August 2014, Presentation during TWG Land DP Meeting, August 2014. 13 Art. 3, 12, No. 46ANK.BK/May 31, 2002 Sub decree on the Procedures to establish Cadastral Index Map and Land Register; see also Cambodian Conflict Resolution Mechanisms, GIZ Land Rights Program II August 2014, Presentation during TWG Land DP Meeting, August 2014. 14 Art. 3, Royal Decree VS/RTK/0206/697

5 Statistical Analysis of Land Disputes in Cambodia, 2014

The table below illustrates the hierarchy of resolution mechanisms:

COURT

NALDR NCC

PMCC AC

DKCC

COMMUNE COUNCILS

Source: Cambodian Conflict Resolution Mechanisms, GIZ Land Rights Program II August 2014, Presentation during TWG Land DP Meeting, August 2014

However, the table below (see 5.4.1.) illustrates that complaints are actually being raised to a much larger number of authorities, who in theory, do not have juris- diction to resolve land disputes. In many cases, complaints are being sent to dif- ferent authorities at the same time.

4. Methodology

4.1 Land Dispute Cases Identification Criteria

This report analyses the land disputes that were reported in the local medias and information collected from network members. Land disputes which have oc- curred, but went unnoticed by local medias and unaware by network members are not subject to the present analysis. Land disputes mentioned in the local me- dia could be over titled or untitled land.

The statistics that appear in this report may differ from other sources due to dif- ferences in methodology and criteria for data collection and verification. The RACC uses the following criteria to identify land dispute cases:

6 Statistical Analysis of Land Disputes in Cambodia, 2014

Land dispute cases involving 5 households (HHs) or more;

Land dispute cases that have not yet been resolved or are only partially re- solved; and

Land dispute cases that were solved before the year 2014 are excluded from this analysis. However, cases that were resolved during the course of 2014 are included.

4.2 Data Collection and Updating Data on Land Disputes

The information collection and data updating system of the RACC is as follows:

Daily collection of information on land dispute cases is conducted through monitoring of local medias (including the Phnom Penh Post, Radio Free Asia, The Cambodia Daily, Koh and Raksmey Kampuchea).

Based on the collected information, each case goes through a process of veri- fication to avoid double entries in the database with provincial LAHRiN members via bi-monthly network meetings.

The bi-monthly meetings provide a chance, not only to conduct verification of land dispute cases, but also to gather information on land disputes that were not reported in the media, but are known to be on-going in Network mem- ber’s target areas.

Provincial LAHRiN members conduct land dispute verification in the field. In order to gather the relevant data, members were advised to use a form that developed by the RACC.

The RACC conducts an Annual Campaign to update and verify data on land dispute cases throughout the country. This is conducted in cooperation with each provincial LAHRiN member, and is carried out during November every year.

Legal Officers of the NGO Forum conduct site visits to verify details of land dispute cases that LAHRiN members are unable to verify.

4.3 Tools Used in the Statistical Analysis

All of the gathered land dispute data is recorded in the database of the RACC. Programs including Microsoft Excel, Statistical Package for the Social Science

7 Statistical Analysis of Land Disputes in Cambodia, 2014

(SPSS software) and Geographic Information System (GIS) were employed to an- alyze those cases, and provide a statistical overview of land disputes and their geographic location.

4.4 Limitations of the Methodology

The main limitation of this methodology is that it relies, for the most part, on gathering information on incidents of land dispute from media sources, and it is quite possible that many cases go unreported. The RACC attempts to minimize this problem by gathering data from LAHRiN members on unreported disputes, however they are not active in all areas of the country, and again, disputes may go unnoticed by people outside the immediate area.

5. Results of Data Analysis

Data and graphics displayed in this report are based on information on land dis- putes published by local media and generally do not include data on cases han- dled by Administrative Commissions, Cadastral Commissions or Commune Council. The only exemption is if disputes handled by those institutions were reported by local media.

5.1 Land Disputes by Year

In total 2315 new land dispute cases meeting the RACC criteria listed above were recorded as commencing in 2014. This number is lower compared to the cases that emerged during the years 2010, 2011, 2012, 2013 and 2014 with 39, 39, 46, 28 and new 23 disputes respectively.

As well as recording new disputes, the report records the figures for cumulative disputes, which are disputes that are not resolved and are carried over from pre- vious years. An additional of 15 land dispute cases which occurred prior to 2014 were included in the analysis as they were not reported at the time they oc- curred.16 By 2014 we have followed up a total of 352 land disputes. Among them, 68 cases were resolved in 2014 and 14 land dispute cases were abandoned leaving 270 dispute cases or 77% unresolved as of 2014.

 15 See Appendix 1 16 The Statistical Analysis of Land Disputes Report in Cambodia 2013 states that 28 new cases oc- curred in 2013 but in 2014 there were 15 unreported disputes has reported in the news in 2014.

8 Statistical Analysis of Land Disputes in Cambodia, 2014

Figure 1: Land Dispute Trends – New Disputes Per Year

5.2 Land Disputes and Their Location

As noted above, the RACC has identified 270 ongoing land dispute cases. These cases include those that are not yet fully resolved, in the process of resolution, are “silent” (meaning that a complaint has been registered, but no action has yet been taken by the authorities), and other cases where the resolution procedure is still unclear.

All 24 provinces and one capital of Phnom Penh are affected by land dis- putes. The highest incidence of land disputes occurred in Phnom Penh with 27 cases, followed by Ratanakiri, Banteay Meanchey and Pursat with 24,19 and 19 cases respectively. As shown below in Figure 2 as well as Annex C, the figures also indicate that has the lowest number of land disputes with only one dispute recorded.

9 Statistical Analysis of Land Disputes in Cambodia, 2014

Figure 2: Number of Land Disputes by Province

5.2.1 Location of Land Disputes in Phnom Penh

Among the 27 land disputes recorded in Phnom Penh, Khan Meanchey has the highest number of disputes which counts up to 6 cases follows by Dangko where 5 disputes merged. Sangkat Chaom Chau of Porsenchey district has as much as 3 disputes, the highest number compare to other sangkats in the capital. The table 1 recorded the numbers of disputes by sangkat and district.

Khan/district Sangkat Number of disputes Tuol Kouk Boeng Kak 2 2 Chak Angrae Kraom 2 Niroth 1 Chak Angrae Leu 1 Stueng Mean Chey 2 Pursaen Chey Chaom Chao 3

10 Statistical Analysis of Land Disputes in Cambodia, 2014

Dangkao Cheung ek 1 Preak Kampis 2 Prey Sar 1 Trapeang Krasang 1 Ruessey Keo Kiloumaetre leak pram- 1 mouy Prek Leap 1 Tuol Sangkae 1 Koh Dach 1 Chroy Changva Chrouy Changva 1 Sen Sok Phnom Penh Thmei 2 Preak Phnov Ponhea Pon 1 Chba Ampov Preak Thmei 1 Doun Penh Srah Chak 1 Prampir Makara Veal Vong 1 Total 27

Table 1: Numbers of disputes by Sangkat and Khan in Phnom Penh

Map 1: Land Disputes in Phnom Penh by Sangkat (or commune)

11 Statistical Analysis of Land Disputes in Cambodia, 2014

5.2.2 Location of Land Disputes in Ratanakiri

According to the RACC database, out of the 270 land disputes, 24 cases were recorded as commencing in Ratanakiri, which ranks second after Phnom Penh. In this province, the district of Bar Keo has the highest number of disputes which counts up to 6 cases follow by Andoung Meas and Lumphat districts where the cases counts to 5 respectively. The table 2 shows the communes where the disputes erupted.

District Commune Number of dispute Ban Lung Kachanh 1 Bar Keo Ke Chong 5 Laming 1 Ou Chum L'ak 1 Ou Chum 1 O Ya Dav Lum Chaor 3 Andoung Meas Malik 2 Nhang 2 Ta Lav 1

Pa Tang 2 Lumphat Seda 2 Chey Otdam 1 Koun Mom Srae Angkrong 1 Trapeang Kraham 1 Total 24

Table 2: Numbers of disputes by commune and district in Ratanakiri

12 Statistical Analysis of Land Disputes in Cambodia, 2014

Map 2: Land Disputes in Ratanakiri by commune

5.3 Land Dispute Cases Solved by Year

Out of 352 disputes, 6817 cases, equal to 19%, were fully resolved in 2014. The resolved cases were those disputes which occurred in the previous years and the year of 2014. As an example, a case of a land dispute that occurred in 1990 at Trapeang Trav village, Por Sar Commune of , Takeo Province was just solved in 2014. Figure 3 below reflects that 11 land disputes which occurred in 2011 were resolved in 2014. Out of 23 emerging disputes in 2014 only three were resolved in the same year.

 17 See Appendix 2

13 Statistical Analysis of Land Disputes in Cambodia, 2014

Figure 3: Occurrence of land dispute by year which were resolved in 2014

It should be noted here that the RACC cannot comment on the adequacy of the dispute resolution process or result, simply that the conflict has been resolved in favor of one party or the other, or a settlement has been negotiated.

Between 2007 and 2014, there were 396 land dispute cases were solved. The figures show an increase in the number of resolved cases from 2010 onwards, peaking in 2012 with 108 cases resolved before the national elections in July 2013, which is a significant increase on the figures for 2012, but the number of resolved cases continue to decrease from 2013 to 2014 even though number of cases are higher than resolved cases before of 2011 (see Figure 4).

Subsequent to the implementation of the Inter-Ministerial Proclamation/Prakas on Strengthening of ELCs Management some economic land concession were can- celled and others had their size reduced. The MoE cancelled 23 ELCs/LCs cover- ing 90,682 ha whereas three ELCs/LCs covering 25,855 ha returned their licenses to MoE and two ELCs/LCs saw their concession size reduced. MAFF cancelled 12 ELCs/LC covering approximately 24.000 ha.

14 Statistical Analysis of Land Disputes in Cambodia, 2014

Figure 4: Number of Land Dispute Cases Solved by Year

5.4 Resolution of Land Dispute Cases

5.4.1 Institutions receiving complaints

Disputing parties, both original landholders and second parties, raised their complaints to various judicial and state institutions. The complaints counted by the NGOF amount to a total of 1,042 complaints. Some land dispute complaints were submitted to government institutions, including local authorities, at both the commune and district levels, Cadastral Commission, provincial halls, courts, and at the national level institutions listed in the following paragraph. It should be noted that villagers raised 234 complaints to local authorities. They believed that they could help resolve the problem because they were close to where the dispute was taking place, and unlike the court system, did not have to pay money to have their complaint heard. One hundred and ninety four complaints were raised in the provincial halls, 100 complaints were filed at other institution (including the Ministry of Justice, Ministry of National Defense, Anti Corruption Unit, Forestry Administration, Ministry of National Assembly-Senate Relation and Inspection, Ministry of Environment, Ministry of Agriculture, Forestry and Fishery, Provincial Department of Land Management, Urban Planning and Construction, Parliamen- tary members). Additionally, 21 complaints were filed at district Cadastral Com- mission, 40 complaints were filed at provincial Cadastral Commission, and 9 at the national Cadastral Commission. Complaints were also filed at different levels of the court system of which 87 complaints were raised to the Provin- cial/Municipal Court of First Instance, 37 complaints at the Appeal Court and 23

15 Statistical Analysis of Land Disputes in Cambodia, 2014

complaints at the Supreme Court. At the same time, many complainants were also raised to non-judicial bodies, for instance, 26 complaints were sent to the Na- tional Authority for Land Dispute Resolution (NALDR), 53 cases were sent to the Prime Minister Cabinet, 33 to the Ministry of Interior, 18 to the Council of Minis- ters, 58 to the National Assembly, 53 to the Ministry of National Assembly-Senate Relation and Inspection and 7 complaints were sent to the Royal Palace. Another 47 complaints were filed at NGOs (Including ADHOC, CLEC, ICSO, LICADHO, Vigilance, Highlander Association, UN, ILO). We should note that only 26 land dispute cases were provided legal assistance by NGOs such as ADHOC, CLEC, LICADHO, LAC, and Vigilance. Five out of 26 cases were fully resolved and 8 cases are partly resolved18.

Institution Number of complaints Local Authority 234 District Cadastral Commission 21 Provincial Cadastral Commission 40 National Cadastral Commission 9 National Authority for Land Dispute Resolution 26 Provincial/Municipal Court of First Instance 87 Appeal Court 37 Supreme Court 23 National Assembly 58 Royal Palace 7 Ministry of Interior 33 Council Ministry 18 Prime Minister Cabinet 53 Provincial Hall 194 Ministry of National Assembly-Senate Relations and Inspection 53 NGOs (ADHOC, CLEC, ICSO, LICADHO, Vigilance, High- 47 Other 100 Total 1,042

Table 3: Institutions receiving complaints

 18 See appendix 3

16 Statistical Analysis of Land Disputes in Cambodia, 2014

5.4.2 Resolution Process

Since the early 1990s, 352 land dispute cases have gone through the resolution process and have either been fullyresolved,or partlyresolved, or the resolution process is on-going. In 2014, 68 disputes were fully resolved by different institu- tions including local authority, provincial hall, cadastral commission, national assembly, provincial committee, royal palace, implementing directive 01, nego- tiation between both party and court system . Fifty three disputes out of 68 cases were fully resolved we noted that those land disputes haven’t land title, they used their traditional right, informal resettlement, reorganization letter from authority, buying/selling receipt, receipt of requesting to occupy the land to claim their land. We should be noted that 61 cases among 68 disputed have been fully resolved outside the court system and 7 disputes were solved by court system. Out of 68 disputes 38 cases were resolved for original land holder, 13 cases were resolved for both parties, 10 cases were resolved by compensation and 7 cases were re- solved for secondary party. One hundred and forty one cases were unresolved, while 117 cases were only partly resolved (for example, a dispute involving mul- tiple HHs may be resolved for some, but not all of the affected HHs). In the re- solved cases, 7 or 2% were solved in favor of the second party, and 38 cases or 11% were resolved in favor to the original landholder. Thirteen cases or 4% were re- solved by reaching a compromise between the parties while 10 cases or 3% were resolved by paying compensation. Fourteen cases or 4% were abandoned bythe disputants. Twelve cases or 3% are noted as being “silent”

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Table 4: Land Dispute Resolution Process

As records found, there were 145 dispute land were on agricultural land. Among this number only 35 cases or 24 % were fully resolved and on the 74 dispute cases which involve the residential land, only 11 cases or 15 % were fully re-

17 Statistical Analysis of Land Disputes in Cambodia, 2014

solved. It should be noted that only 23 cases among 352 have been provided legal assistance by NGOs, those NGOs such as ADHOC, CLEC, LICADHO, LAC, and Vigilance. Four cases of 23 cases were fully resolved and six cases are partly re- solved

Status of Resoution No resolution/ Percentage Type of Land Fully Partly Total on process/ Silent Abandoned (%) resolved resolved Unresolved Agriculture land 35 46 53 8 3 145 41 Forest Land (Com- munity Forest) 8 6 10 0 1 25 7 Forest Land (State Land) 2 5 7 0 3 17 5 Multi-Purpose Land 9 21 33 2 2 67 19 Residential land 11 31 26 1 5 74 21 Wetland 0 1 2 0 0 3 1 Others 3 5 9 1 0 19 5 Unknown 0 2 1 0 0 3 1 Total 68 117 141 12 14 352 100% Percentage 19% 33% 40% 4% 4% 100%

Table 5: Dispute Resolution Process

5.5 Households Affected by Land Disputes

The RACC database indicates that 270 land disputes are currently ongoing, which includes the 23 new cases recorded in 2014, as well as cases from previous years which are still not resolved. The database indicates that these 270 cases would affect 55,795 household and it is estimated that these disputes may affect up to 256,657 people as the average family size is 4.619 and this figure is equal to ap- proximately 1.74% of total HHs throughout the country.20 Analysis of the RACC database indicates that Phnom Penh and Prey Veng have the highest numbers of affected HHs, at 13,181 and 4,587 HHsrespectively as the table below shows.

 19Cambodia Inter-Censal Population Survey 2013 (CIPS), Pg. 5, available at http://www.stat.go.jp/info/meetings/cambodia/pdf/ci_pr02.pdf 20 According to Cambodia Inter-Censal Population Survey, March 2013 (CIPS), the total of HHs throughout Cambodia is 3,163,226 and total population is 14,676,591 people. Statistics are available at http://www.stat.go.jp/info/meetings/cambodia/pdf/ci_pr02.pdf

18 Statistical Analysis of Land Disputes in Cambodia, 2014

12 3URYLQFH /' ++V 12 3URYLQFH /' ++V  3KQRP3HQK    6YD\5LHQJ    3UH\9HQJ    6LHP5HDS    0RQGXONLUL    3UHDK6LKDQRXN    3XUVDW    .DPSRQJ&KDP    %DQWHD\0HDQFKH\    .DPSRQJ&KKQDQJ    .UDWLH    .DQGDO    .DPSRQJ6SHX    %DWWDPEDQJ    5DWDQDNLUL    3DLOLQ    .RK.RQJ    .DPSRQJ7KRP    7ERXQJ.KPRP    7DNHR    6WXQJ7UHQJ    .DPSRW    3UHDK9LKHDU    .HS    2GGDU0HDQFKH\   7RWDO  

Table 6: Affected HHs by province

And when cases are broken down in terms of the number of affected households, the figure shows that 55 %, or 148 cases, involved by 5 to 100 HHs. Fifty seven cases, or 21%, involved by 101-200 households. Ten cases, or 4% of all disputes, involved by more than 1,000 households (see annex A).

Number of Household Affected by Land Dispute HHs Rang Number of LD Cases Percentage (%) 5-100 148 55 101-200 57 21 201-300 28 10 301-400 12 4 401-500 6 2 501-600 3 1 601-700 3 1 701-800 2 1 801-900 0 0 901-1000 1 0 >1000 10 4 Total 270 100

Table 7: Number of Households Affected by Land Disputes

5.6 Types of Land Impacted by Land Disputes

Land disputes occurred over different types of land, including agricultural land (farmland and rice fields), residential land, forest land (including Community Forest Land), multi-purpose land and other types such as wetlands, footpaths, flooded forest land, land that belongs  to pagodas/school, public pound, com-

19 Statistical Analysis of Land Disputes in Cambodia, 2014

mune/village’s land, canal, path of planed extension of canal or road.The results of this analysis show that the multi-purpose land is the most common type of land subjected to disputes, followed by agriculture land.

Figure 5: Type of Land Impacted by Land Disputes

The average size of land involved in land disputes was 132 hectares, while the largest case involved up to 760 hectares of residential land located in Banteay Meanchey province, inside Presy Roneam Doun Sam wildlife sanctuary, since 2011 government issused sub-degree 212 ANKr.BK to decided to set the com- munity forest on an area of 15,000 hectares in Daun Sam wildlife sanctuary, these 15,000 hectares has cover two villages of Sralao—Chrom and Ou Kach—Thmar Bang village, Toul Pongro commune, district. Later on, 05 March 2013, Banteay Meanchey’s authorities leads by provincial deputy governor, Mr. Chong Paet met with villager of those two village, 150 families and declared to distribute the land stated in sub-degree 212 to local villager, 5 hectares per families. But in practice committee who manage the process of land distribution used new family list name which not has some old family and their measurement of the land is not depend on the actual occupied. The smallest case which involved just 0.3 hec- tares of residential land took place in Kampong Cham, , Tang Krang commune, Phnom Del village, ten families living on the path of planned extension of the road.

Across the country, 173,893 hectares of land are subjected to dispute, of which multi-purpose land amounted up to 75,990 hectares, or 44%, while agriculture land dispute counted for 55,387 hectares, or 32%.

20 Statistical Analysis of Land Disputes in Cambodia, 2014

1R TypeofLand /D QG6L]H 3H UFH QWD JH   $JULFXOWXUH/DQG    )RUHVW/DQG VWDWHODQGDQGFRPPXQLW\IRUHVW    0XOWL3XUSRVH/DQG    5HVLGHQWLDO/DQG    :HWODQG    2WKHUV    8QNQRZQ   7RWDO  

Table 8: Type of Land Impacted by Disputed Land

As indicated in the above table, most landdispute cases affected multi-purpose land. In many cases this land may have been used for multiple purposes, such as housing and productive purpose. It is presumed that the dispute is likely to have negative impacts on the landholders’ livelihood and dwelling, or on the daily life of the affected communities. This is particularly a concern in cases where land disputes have been active for a long period of time without resolution. As already noted at earlier part in the report, this constitutes a potential barrier to the achievement ofthe povertyreduction goals of the Government of Cambodia.

The provinces identified as having the highest figures for land dispute over multi-purpose land are Ratanakiri, Koh Kong and , where more than 80% and 50 % of cases were concerned multi-purpose land (see Annex B).

5.7 Reasons for Land Dispute

Based on the analysis of data in the RACC database, it can be seen that there are several reasons involved in the disputes. Thirty two percent or 86 cases of rec- orded land disputes emerged after the land was claimed as ELCs by private companies. Forty five out of these 86 land dispute cases involved “rich and pow- erful” people who claim the land of the original landholders. In 17 land disputes that caused by ELCs, there were some people detained, while the use of threat is found over 28 land dispute case and violence have occurred on 19 dispute cases.

21 Statistical Analysis of Land Disputes in Cambodia, 2014

Figure 5: Reasons for Land Dispute

5.8 Documents and Methods Used by Second Party to Acquire Land

Different means were used by second party seeking to claim disputed land. Some land dispute cases reported that the second party possessed supporting docu- ments, or authorization letters from local authorities which they used to claim the land – in some cases it is suggested that the documents were obtained improperly. In some disputes, the claims of the land were also found to be using power or influences by high ranking government officers in order to get the land. Some cases that involved with local authorities, in some circumstances they would support the second party’s to claim the land without any proper investigation being conducted, other methods included:

x Letter of authorization

x Power abuse by government officials who are well connected with business people

x Threat against original land holder

x Violence against original land holder

x Original landholders’ detention

22 Statistical Analysis of Land Disputes in Cambodia, 2014

Figure6LandAcquisitionStrategy

Among the 270 land disputes which are currently ongoing, 156 disputes involve government officials who are well connected with business people, 101 disputes involve local authorities who issued various letters acknowledging the claims of the second party.Threats were used against the original land holders in 85 dis- putes, while violence were used in sixty cases by the second party. A hundred and fifteen disputed cases passed through the judicial system in which 24 people in these disputes have been arrested and jailed.

Figure 7: Documents Used to Claim Occupancy or Ownership

6. Current Occupation of Disputed Land

In majority of land disputes, while the dispute was on-going and awaiting for

23 Statistical Analysis of Land Disputes in Cambodia, 2014

resolution, the original landholder continued to occupy or use the land. In 93 cases, or 34.44%, the land was still being occupied by the original land holder, while in 91 land disputes, or 33.70%, of thetotalcases, the land continued to be occupied by the second party, despite the fact that a dispute was on-going.In 48 cases, or 17.77%land was recorded as being jointly occupied by both parties.

For the 14 disputes that were categorized as “abandoned,” in point 4.5.2. above, land in 8 cases was occupied and managed by the original landholders, 4 cases was occupied and managed by second party and 2 cases was occupied jointly occupied by both parties.

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Table 9: Status of People Living on Disputed Land

7. Land Disputes Caused by Economic Land Concessions (ELCs)

Based on the result of this analysis, 86 cases, or 31.85%, of the total land disputes were related to the granting of ELCs. These concessions are granted for agro-industrial purposes, and this figure does not include concessions granted for social and other purposes.

Land dispute casescausedbyELCs occurred in 15 provinces, or 60%, of the total provinces in the country. Most of disputes caused by ELCs were more prevalent in the east of the country, and areas where rubber is commonly grown. More than 14 such disputes were observed in Ratanakiriand 12 in Mondulkiri, while 9 cases were reported in Preah Vihear and Pursat and eight cases in Kampong Speu. In total, 17,150 households or 78,890 people21 were affected by land disputes re- lated to ELCs.

 21 The database contains actual data on how many people are affected by a land dispute related to ELCs.

24 Statistical Analysis of Land Disputes in Cambodia, 2014

In ten provinces and municipalities such as Kampong Chhnang,22Kampong Cham, Kandal, Kep, Pailin, Prey Veng, Siem Reap, Stung Treng, Takeo and Phnom Penh there were no records of land disputes caused by ELCs in 2014.

TboungKhmom 1 SvayRieng 4 PreahSihanouk 6 Ratanakiri 14 Pursat 9 PreahVihear 9 OddarMeanchey 2 Mondulkiri 12

Kratie 6 KohKong 7 Kampot 1 KampongThom 3 KampongSpeu 8 1 BanteayMeanchey 3

0246810121416

Figure 8: Number of Land Disputes Related to Economic Land Concessions (ELCs)

8. Land Disputes Affected to Indigenous People

Among the on-going 270 dispute cases, 49 or 18.14% were reported to having affected indigenous people from eight provinces. Statistic shown that the prov- inces at North-East of the country have the highest number of disputes with in- digenous people. , for instance, has as high as 22 cases where the indigenous people are in disputes. Follow by , the dispute with indigenous people has counted up to fourteen cases. In total, 7,867 house- holds or 24,558 people was affected. Thirty six out of 49 land dispute cases have caused by ELCs.

 22 Kampong Chhnang shares its borders to the province of Pursat. Overlapping with both provinces is a ELC owned by Pheapimex, causing a land dispute. This land dispute related to ELCs was in- cluded in the 8 land disputes related to ELCs in Pursat.

25 Statistical Analysis of Land Disputes in Cambodia, 2014

Figure 9: Location of indigenous people affected by land disputes

9. Forced Displacement

Land dispute cases that have ledtoforceddisplacementoccurredinmanyprov- inces, and a total of 59 cases out of the 270 cases recorded by RACC since 2007 involvedforced displacement.

Of those, in Preah Vihear, thirteen cases of forced displacement were recorded, while eleven cases were in Phnom Penh and seven cases were recorded in Preah Sihanouk. Forced displacement affected 17,609 households or 81,001 people.23 It is noted that no forced displacement were recorded in the provinces of Bat- tambang, Kampong Cham, Kampot, Kratie, Siem Reap, Svay Rieng, Stung Treng, Takeo and Thbung Khmum. In 2014, five forced displacements occurred in three provinces, three cases in Pursat and one cases in Mondulkiri and another one in Ratanakiri. This five forced displacement has affected to 230 families or 1,058 people24.

 23 The database contains actual data on how many people are affected by forced displacement.

24 See Appendix 4

26 Statistical Analysis of Land Disputes in Cambodia, 2014

Figure 10: ELCs Related to Forced Displacement 2007-2013

Among the 59 land disputes that have led to forced displacement, eight cases affected to indigenous people in four provinces, three cases in Mondulkiri and Preah Vihear respectively and one cases each in Pursat and Ratanakiri. All theses eight cases that caused by ELCs are three owned by Cambodian investors namely DTC Group in Mondulkiri, Try Pheap Import Export in Preah Vihear and MDS Import Export Co. Ltd in Pursat, three owned by Chinese investors: Wuzhisan L.S Group in Mondulkiri, Heng You Cambodia Company Limited in Preah Vihear, Lan Feng (Cambodia) International Company Limited and Ruy Feng (Cambodia) International Company Limited both are in Preah Vihear and two are Vietnamese: Benh Hoeurk Kratie Rubber 1 Company Limited in Mondulkiri and Heng Brother in Ratanakiri.

27 Statistical Analysis of Land Disputes in Cambodia, 2014

10. Annexes

Annex A: Map of Households Affected by Land Dispute by Provinces in 2014

28 Statistical Analysis of Land Disputes in Cambodia, 2014

Annex B: Type of Land Affected by Land Disputes by Province in 2014

Multi-Purpose Land

29 Statistical Analysis of Land Disputes in Cambodia, 2014

Annex C: Number of Land Dispute Cases by province in 2014

30 Statistical Analysis of Land Disputes in Cambodia, 2014 23 Unresolved Unresolved Partly resolved Unresolved Unresolved Unresolved Unresolved Partly resolved Unresolved Unresolved Partly resolved Unresolved Unresolved Unresolved Unresolved Unresolved Unresolved Unresolved Unresolved Partly resolved Unresolved Unresolved Unresolved Total 1/4/2014 1/8/2014 1/6/2014 6/2/2014 1/2/2014 4/8/2014 6/9/2014 2/13/2014 5/15/2014 5/13/2014 10/8/2014 2/19/2014 1/15/2014 3/28/2014 7/13/2014 6/26/2014 1/22/2014 4/28/2014 3/31/2014 1/16/2014 1/25/2014 12/29/2014 10/21/2014 a Chamka Chrey Kh Province District Commune Village DateIncident StatusResolution 28122813 Pursat Pursat Krakor Veal Veaeng Krapeu Pir Samlanh 2815 Pursat Kandieng Veal 2792 Battambang Bat Damabng Voat Kor Damnak Luong 2818 Ratanakiri Koun Mom Srae Angkrong Phum Bei 2158 Preah Sihanouk Prey Nob Ream Ream 2828 Battambang Thma Koul Kruos 27102794 Kampong Cham2795 Kampong Chhnang Srei Santhor Kampong Chhnang Sameakki Mean Chey Khnar Chhmar Toek Pos Tradak Pong Baray Krang Skear Sya Ampil Damnak Ampil 2806 Phnom Penh Ruessei Kaev Preaek Lieb Kien Khleang 28232797 Kampong Thom2799 Kandal Sandan Kandal Ponhea Lueu Kien Svay Sandan Kampong Svay Preaek Ta Nob 2808 Phnom Penh Pursaen Chey Chaom Chau Prey Kambot 2832 Phnom Penh Preak Phnov Ponhea Pon 2800 Koh Kong Kiri Sakor Preaek Khsach 2802 Kratie Snuol Khsuem Srae Thmei 2803 Kratie 2829 Pailin Sala Krau Stueng Tumnob 2804 Pailin28092811 Preah Vihear Pursat Rovieng Sala Krau Veal Veaeng Stueng Trang Romoniy Anlong Reab Chi Aok ID of land dispute 11. Appendixes Land Dispute Cases in 2014 New Three Twenty Appendix 1:

31 Statistical Analysis of Land Disputes in Cambodia, 2014

d d d

on an on an on an i i i d d s s s i i i y an y an ty, ty, it it i omm omm omm or or or C C C

h l l l th th u u ut lA lA lA astra astra astra d d d a a a oca oca oca Implementing directive Implementing directive Implementing directive Implementing directive ADHOC ADHOC C C C L L L 001 001 001 ProvincailAuthority,UN,IL O

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d d ve ve l l eso eso complainant and defendant LocalAuthority complainant and defendant LocalAuthority complainant and defendant ProvincialHall complainant and defendant LocalAuthority Resolved by compensation by Resolved LocalAuthority for complainant Resolved Resolved for complainant Resolved R R Resolved for complainant Resolved for complainantResolved LocalAuthority for complainantResolved RoyalPalace Resolved for both Resolved Resolved for both Resolved Resolved for complainant Resolved Resolved for complainant Resolved for complainant Resolved u hamlang Romeang Le C Province District Commune Village StatusResolution Contains ResAuthority ute p 656 Meanchey Banteay Phnum Srok Char Paoy 251726832782 Battambang Battambang Ruessei Battambang Mondol Preaek Chik Preaek Chik Kilou Samprambei Taok Ta Phnum Rai 242624272428 Battambang2516 Battambang Battambang Samlout Battambang Kampong Lpov Sangkae Moung RuesseiThum Prey Pon Ta Roung 1565 Meanchey Banteay Preah Netr Chour Tuek Khaek Ta 2303 Meanchey Banteay Ou Chrov Ou Bei Choan Seila Khmaer 2502 Meanchey Banteay 2514 Puok Thma 2218 Meanchey Banteay Chek Svay Romiet Kouk BattambangThmar Kdeb Baen Ta Samlout Ou Samrel dis ID of land Appendix 2: Land Dispute Cases Solved in 2014 Appendix 2: Land Dispute Cases Solved

32 Statistical Analysis of Land Disputes in Cambodia, 2014

h d ot

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i r d on an t i s s i Di etween y, b it omm or court an C on l

i l a th i u tat i nc lA i astra d egot a rov oca Implementing directive Implementing directive administr C P L N Cadastral Comminsion Cadastral 001 complainan defendant and Provincail forestry Provincail

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d ve l eso complainant and defendant complainant and defendant Negotiation Resolved by compensation by Resolved LocalAuthority for both Resolved Resolved for complainantResolved for complainantResolved AppealsCourt compensation by Resolved LocalAuthority LocalAuthority for complainantResolved for complainantResolved LocalAuthority for complainantResolved LocalAuthority ProvincialHall R Resolved for defendantResolved for complainantResolved LocalAuthority Unknown Resolved for defendant Resolved Resolved for complainant Resolved Resolved by compensation by Resolved Unknown compensation by Resolved Unknown compensation by Resolved Unknown for complainantResolved AppealsCourt compensation by Resolved Resolved for complainantResolved for defendantResolved NationalCC ProvincialCC pong Trach Khang Kaeut Trach pong m 362 Kampong Cham Chamkar Leu Ong Ta 2144 Kampong ChamTrang Stueng 2791 Battambang Rotanak Mondol Meas Phlov 272326872689 Kampong Chhnang2329 Kampong Speu2464 Rolea B'ier Kampong Speu2375Thom Kampong Phnum Sruoch2615 Kampong Thom Leav Krang Trayueng Traeng Kampong Svay Basedth Kampot Kampot Santuk Leav Krang Pir San Kor Ti Ampil Tuol Kampong Trach Prey Sralaeng Ti Pou 27982237 Kandal Kong Koh Kien Ambel Srae Svay Thum Samraong Boeng Preav Preaek Traeng 2589 Kampong Chhnang Rolea B'ier Rolea B'ier Nes Ta Ou 2585 Kampong Chhnang Kampong Leaeng Pou Samraong 261626172025 Kampot2124 Kampot Kandal Kandal Chhuk Chhuk Kaoh Thum Plang Trapeang Mukh Kampul Preaek Thmei Meas Prey Peay Kou Kraol 22792280 Kampong Chhnang Kampong Chhnang Baribour Rolea B'ier Melum Leav Krang

33 Statistical Analysis of Land Disputes in Cambodia, 2014

d d d on an on an on an i i i ee, s s s i i i itt omm omm omm C C C

comm l l l l a i astra astra astra nc i d d d a a a rv Implementing directive Implementing directive Implementing directive Implementing directive MLUPC Provincial Cadastral Cadastral Provincial P C C C Commission 001 001 001

th th o o b b or or f f

d d ve ve l l eso eso complainant and defendant LocalAuthority complainant and defendant ProvincialHall complainant and defendant Resolved for complainantResolved Unknown for complainant Resolved Resolved for complainant Resolved R R Resolved for both Resolved Resolved by compensation by Resolved ProvincialHall Resolved for defendantResolved Unknown for complainant Resolved for complainant Resolved for complainantResolved ProvincialCourt for complainantResolved ProvincialHall for complainantResolved ProvincialHall for complainantResolved ProvincialHall 2304 Kratie Sambour Kbal Damrei Sbov Srae 2239 Kratie Snuol 23052361 Kratie Kratie Sambour Snuol Ou Krieng for complainant Resolved MAFF 28052512 Oddar Meanchey Samraong Preah Vihear Choam Khsant Kriel Kantuot Sraaem 23822630 Oddar Meanchey Oddar Meanchey Samraong Samraong Samraong Kriel Chhuk Chheu Kram 26002353 Preah Vihear2731 Pursat Choam Khsant27322399 Ratanakiri Kantuot 2537 Phnum Kravanh Ratanakiri2538 Siem Reap DavYa Ou 2544 Siem Reap DavYa Ou Siem Reap Lum Choar srei Banteay Siem Reap srei Banteay Nhai Pak srei Banteay Tbaeng Pralai Siem Reab Tbaeng Tbaeng Lam Tbaeng Kaeut Sala Kamraeuk Damnak Voat for complainant Resolved ProvincialHall

34 Statistical Analysis of Land Disputes in Cambodia, 2014

d d

, d

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, f ll 68 o a prov omm omm t d governor an governor C C lH l

l l a a i i an men t t c nc nc i i i astra astra r t d d s epar a a rov rov governor Implementing directive Implementing directive Implementing directive t of Environment, Soldier t of Environment, Provincial Governor Provincial P C C D Di P Department of education 001 001 of region 4

th th th o o o b b b or or or f f f

d d d ve ve ve l l l Total land dispute cases Total eso eso eso complainant and defendant complainant and defendant Unknown complainant and defendant ProvincialCourt complainant and defendant AppealsCourt Resolved for complainant Resolved compensation by Resolved ProvincialHall for defendantResolved for complainantResolved Assembly National Unknown Resolved for complainantResolved Unknown for complainant Resolved R R R Resolved for both Resolved for defendantResolved for defendantResolved Unknown Unknown Resolved for complainantResolved ProvincialCourt Resolved for complainant Resolved compensation by Resolved Resolved for complainantResolved ProvincialHall for complainantResolved AppealsCourt for complainant Resolved 416 Takeo Bati Sar Pot Trav Trapeang 2505 Rieng Svay Romeas Haek Krasang 2771 Takeo Bourei Cholsar Kampong Krasang Sangkom Mean Chey 2768 Siem Reap Varin Nouy Srae 2807 Phnom Penh Saen Sok Thmei Phnom Penh Boeng Payab 26702674 Rieng Svay Rieng Svay Chrum Svay Romeas HaekTrach Kampong KruosTrav Ta Kruos 2716 Rieng Svay 24502461 Chantrea Phnom Penh Phnom Penh Mean Chey Bavet Ruessei Kaev Preaek Pra Ruessei Kaev Khleang Sang Andoung Ou 27202266 Rieng Svay Phnom Penh Romeas Haek Dangkao Kokir Chaom ChauVoan Chumpu Kokir 2677 Rieng Svay Romeas HaekTrabaek Andoung Chik Dei 26242328 Stung Treng Rieng Svay Sesan Romeas Haek Kbal Romeas Tras Chrab 276928202113 Siem Reap2506 Siem Reap Preah Sihanouk srei Banteay Stung Treng Stueng hav Varin Tbaeng Stueng Traeng Krang Tbaeng Lech Sameakki for complainant Resolved residents Occupied by

35 Statistical Analysis of Land Disputes in Cambodia, 2014  Licadho    and  and and    CLEC,  Vigilace  Adhoc  DVLVVWDQFH Licadho Vigilace LAC,    and  LICADHO  1*2VZDVSURYLGHGOHJDO Vigilance Licadho UNOHCHR $GKRF/LFDGKR9LJLODQFH /$& /LFDGKR complainant LAC complainant Adhoc, complainant Adhoc, complainant CLEC complainant Adhoc      for for for for for      7RWDOODQGGLVSXWHV resolved Licadho resolved Adhoc resolved Adhoc resolved resolved Adhoc, resolved Vigilance resolved Adhoc resolved         2/17/2007 Partly 5/18/2010 Partly 6/21/2012 Unresolved Adhoc Chet 8/1/2011 Unresolved Adhoc  Trach 3/14/2010 Unresolved Adhoc  Sna 1/1/1997 Partly Traeng 1/1/1999 Silent Vigilance   Daekkeh 4/22/2010 Unresolved Vigilance,  Yu 1/1/2004 Unresolved Adhoc Kamal 1/1/2007 Unresolved Adhoc  Thum 6/16/2010 Resolved   Thmei 4/1/2004 Unresolved Vigilance  Snao 9/23/2008 Silent Adhoc Tracheak Chhab 4/18/2008 Silent Vigilance Tang 1/1/2005 Partly Krok 11/1/2005 Partly   Peang 9/10/2006 Partly     /DN.KXQ0RXNK Pu Lpov Prey  Muoy 8/13/2010 Silent Adhoc Chhmar Thma   Romeas Chrouy Angk Preaek Reach 4/12/2001 Partly Thmei 1/1/2002 Resolved     B'ier Trapeang Sampov Pou   Pongro Santepheap 1/1/2004 Partly Romeas Chrab 10/6/2011 Resolved   Khlang 1/1/1998 Unresolved  Chum Tang Tang Ba Ches La    %RHXQJ%UDP .URSHX6DH6LE 7D6LHP.DQGDHN 7UDSHDQJ7XHP Tong Skuh Ou  Tralach Ta  Mondol Traeng Ta srei Tbaeng 7/15/2008 Resolved Seima Bak    Ruessei Kakaoh 6/23/2010 Resolved  Dav Pate Kong Sdach Angkor Chor Kaoh Chor Angkor Puok Banteay B'ier Rolea      Thum Preaek   Nob Samrong Ou  Ya Chum Ou   MalaiThma Tuol %RWXPVDNDU 7KPDU6DULumphatOu Ou &KDPORQJ.RU Pa 6YD\/HX3UDVDW %DNRQJ Prey Speu Samraong Chhnang Kampong Chhnang Rolea    Treng Sesan Kbal 3URYLQFH 'LVWULFW &RPPXQH 9LOODJH 'DWH,QFLGHQW 6WDWXV5HVROXWLRQ  Reap Reap Banteay Veng Peam Veng Peam Veng Preah      KongKong Mondol   %DQWHD\0HDQFKH\ %DQWHD\0HDQFKH\ Koh Koh 0RQGXONLUL 2X5HDQJ5DWDQDNLUL 5DWDQDNLUL 5DWDQDNLUL 'DN'DP 3UHDK6LKDQRXN  2025 Kandal Kaoh 2230 Kampong 2444 Kampong 2443 Kampong 2427 Battambang Moung 2127 2069 Battambang 2543 Siem 2251 2426 Battambang Samlout Kampong 2020 Prey 2065 Battambang Rotanak 2537 Siem 2252 2424 Battambang Banan Kantueu 1810 Prey 2434 2437 2139 2624 Stung 2073 Battambang2076 Battambang Banan Bavel Khnach Rumchey 1/11/2007 Silent Adhoc 1757 Prey  2270 ,'RI /DQG 'LVSXWH Appendix 3: Land Dispute Cases was Provided Legal Assistance by NGOs Assistance by Legal Provided Appendix 3: Land Dispute Cases was

36 Statistical Analysis of Land Disputes in Cambodia, 2014 2014 8 12/9/14 N/A 12/2/14 60 22/12/2014 150 22/11/2014 12 1/1/97 2/13/14 9/16/10 7/30/11 10/27/13 Land dispute cases have been forced to move people from dispute area to move been forced Land dispute cases have 2405 Ratanakiri Ban Lung Kachanh 2725 Mondulkiri Kaev Seima Chhuk Srae 2469 Pursat2644 Pursat Veaeng Veal Veaeng Veal Thma Da Pramaoy Sankom Thmei Stueng Thmei 2813 Pursat Veaeng Veal Krapeu Pir Samlanh ID of land dispute Province District Commune Village DateIncident displace date of forced LandHouseholds Appendix 4: Forced Displacement in 2014 Appendix 4: Forced

37