evTikaénGgÁkarminEmnrdæaPi)al sþIBIkm<úCa The NGO Forum on Cambodia eFIVkarrYmKñaedIm,IPaBRbesIreLIg Working Together for Positive Change Statistical Analysis of Land Disputes in Cambodia, 2015 Phnom Penh, Cambodia September 2015 Khmer-English Bilingual Version Acknowledgements The NGO Forum on Cambodia (NGOF) would like to thank all individuals and organizations that assisted the Research Advocacy and Communication (RAC) team of NGOF to compile the data presented in this report. We are especially grate- ful to the NGOs that were fully involved in the process of data collection, namely ADHOC, LICADHO, Vigilance, Khmer Kampuchea Krom Human Rights for Devel- opment Association (KKKHRDA), Community Legal Education Centre (CLEC), Cambodian National Research Organization (CNRO) and Land and Housing Rights Network (LAHRiN) members as well as all provincial government authorities, who provided assistance during data collection and validation in the field. RAC would like also to thank organizations and community representatives for the information they shared. This report would not have been possible without their valuable help Statistical Analysis of Land Disputes in Cambodia, 2015 and support. Printed date: March 2016 Finally, NGOF would like to thank the research committee whose valuable Published by The NGO Forum on Cambodia comments and input improved the quality of this report before launching. In particu- lar, we would like to thank non-government organizations and government institu- Written by Research Advocacy and Communication Center (RACC) tions such as the Ministry of Environment, Star Kampuchea, Analyzing Development Data analysed by Ms. NET Channa, GIS and Database Officer Issues Centre (ADIC) Cambodia, Cambodia Human Rights and Development Associ- Layout designed by Mr. PHOURN Yu, Information and Publication Officer ation ADHOC), Cambodian Center for Human Rights (CCHR), RUA/Faculty of Land Management and Land Administration. 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, March 2016 Acknowledgements The NGO Forum on Cambodia (NGOF) would like to thank all individuals and organizations that assisted the Research Advocacy and Communication (RAC) team of NGOF to compile the data presented in this report. We are especially grate- ful to the NGOs that were fully involved in the process of data collection, namely ADHOC, LICADHO, Vigilance, Khmer Kampuchea Krom Human Rights for Devel- opment Association (KKKHRDA), Community Legal Education Centre (CLEC), Cambodian National Research Organization (CNRO) and Land and Housing Rights Network (LAHRiN) members as well as all provincial government authorities, who provided assistance during data collection and validation in the field. RAC would like also to thank organizations and community representatives for the information they shared. This report would not have been possible without their valuable help and support. Finally, NGOF would like to thank the research committee whose valuable comments and input improved the quality of this report before launching. In particu- lar, we would like to thank non-government organizations and government institu- tions such as the Ministry of Environment, Star Kampuchea, Analyzing Development Issues Centre (ADIC) Cambodia, Cambodia Human Rights and Development Associ- ation ADHOC), Cambodian Center for Human Rights (CCHR), RUA/Faculty of Land Management and Land Administration. Table of Contents Table of Contents Acromyms ........................................................................................................iv Term of Definitions ...........................................................................................vi 1. Introduction .................................................................................................1 2. Purpose of the Report ..................................................................................2 3. Dispute Resolution Mechanisms ..................................................................2 4. Methodology ................................................................................................5 4.1 Land Dispute Cases Identification Criteria ..............................................5 4.2 Data Collection and Updating Data on Land Disputes ...........................6 4.3 Tools Used in the Statistical Analysis ......................................................6 4.4 Limitations of the Methodology..............................................................7 5. Results of Data Analysis ...............................................................................7 5.1 Land Disputes by Year ............................................................................7 5.2 Land Disputes and Their Location ..........................................................8 5.2.1 Location of Land Disputes in Phnom Penh .....................................9 5.2.2 Location of Land Disputes in Rattanakiri ........................................11 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 5.4.3 Institution Solved Land Disputes in 2015........................................22 5.5 Households Affected by Land Disputes ..................................................26 5.6 Types of Land Impacted by Land Disputes .............................................28 5.7 Reasons for Land Dispute.......................................................................31 5.8 Documents and Methods Used by Second Party to Acquire Land ...........34 6. Current Occupation of Disputed Land .........................................................36 7. Land Disputes Caused by Economic Land Concessions (ELCs) .....................36 8. Land Disputes Affected to Indigenous People ..............................................38 9. Forced Displacement ...................................................................................39 i 10. Good Models of Land Dispute Resolution ..................................................41 11. Summary ....................................................................................................42 ii Acromyms ADHOC Cambodia Human Rights and Development Association ADHOC CDC Cambodia Development Council CEPA Culture and Environment Preservation Association CF Community Forestry CLEC Community Legal Education Center CNRO Cambodian National Research Organization EIA Environmental Impact Assessment ELC Economic Land Concession FA Forest Administration GIS Geographic Information System GIZ German Federal Enterprise for International Cooperation (GIZ) GmbH Ha Hectares HH Households IMR Indigenous Minority Rights IP Indigenous People KKKHRDA Khmer Kampuchea Krom Human Rights for Development Association LC Land Concession LD Land Dispute LICADHO Cambodia League For The Promotion and Defend Of Human Rights iii MAFF Ministry of Agriculture, Forestry and Fisheries MoE Ministry of Environment NALDR National Authority for Land Dispute Resolution NGOF The NGO Forum on Cambodia RAC Research Advocacy and Communication RFA Radio Free Asia RGC Royal Cambodian government SLC Social Land Concession SLR Systematic Land Registration Vigilance Human Rights Vigilance of Cambodia iv MAFF Ministry of Agriculture, Forestry and Fisheries Terms of Definitions MoE Ministry of Environment For the purposes of this report, the following terminology is used. The definitions used here are specific to this report, and caution should be taken in applying this NALDR National Authority for Land Dispute Resolution terminology in other settings. NGOF The NGO Forum on Cambodia Abandoned Claim: Refers to cases in which a land claim was given up, or relin- quished by the original complainants. RAC Research Advocacy and Communication Agricultural Land: Land that is suitable for agricultural production, including both crops and livestock RFA Radio Free Asia Forced Displacement: The forced removal of people against their will from land RGC Royal Cambodian government where they live, or where they conduct agricultural activities. SLC Social Land Concession Land Dispute: A disagreement between two or more parties concerning the right to hold, control, access, or use a specific piece of land. SLR Systematic Land Registration Land disputes may involve all or part of a plot of land, and may also occur when there is disagreement concerning the Vigilance Human Rights Vigilance of Cambodia boundaries between adjacent land plots. Multi- Purpose Land : The disputed land which is used for many purposes including vegetable and crop planting, rice farming, living, etc. Original Landholder(s): The person, or people who used or controlled the disputed land prior to the dispute commencing. Dispute Party: The person who is seeking to claim the land of the