Ms. Yun Mane, Civil Society and activist

Ms. Keat Bophal, Human Rights Officer, OHCHR

Situation Overview:Ongoing and widespread land disputes linked to land

concessions and other development projects.

Lack of tenure security, forced evictions and unplanned

resettlement.

Ineffective nature of institutions mandated to deal with

land disputes, including non-judicial and judicial

system.

Lack of access to remedies for victims ► increase in

protests and demonstrations.

Threats, intimidation and harassment by judiciary,

Government and private companies.

Forced relocation of more than 1,000 families during 2010 and 2011 by a foreign company to make way for development of a new city in Koh Kong province. Government granted almost 45,000 hectares land concession to the foreign company. The relocation site lack basic services and infrastructures, and have not improved since.

Indigenous community members block road to protest a proposed dam project

Indigenous woman joint other members to patrol forest.

Situation analysis: Land grabbing

and impacts on women:Higher proportion of women than men have land titles.

Women equally entitled to own and inherit property.

Women are at greater risk of landlessness and have less

opportunities to acquire more land.

Indigenous and rural women facing the loses of their

traditional occupation, livelihoods and personal security.

Limited access to land and resources, without alternative

options of livelihood, causes food shortages and increased

poverty.

Threats and intimidations inflicted on them by state agent

and/or company carrying out the project.

Unplanned Phnom Bath relocation site for forced evicted families from Phnom Penh’ Borei Keila

Situation analysis: Forced evictions

and unplanned resettlement

No nationally defined minimum standards or procedural safeguards exist to regulate eviction or relocation.

Forced evictions have a disproportionate impact on women, exposing them to a heightened risk of poverty and physical insecurity.

Health and physical security at risk due to lack of access to basic services and infrastructure ► lack of safety, health, education and WASH facilities in resettlement sites have a negative impact particularly on women and children.

Women more vulnerable to other violations and more likely to migrate for employment after forced relocation ►additional risks.

Protests by women affected by property development in Phnom Penh-Boeng Kak and Borei Keila communities

Situation analysis: Protests and

demonstrations by land rights victims

Women and the elderly, including children are

often on the frontlines at protests, increase their

vulnerability to violence & harassment.

Increase in cases of violence against women

and arbitrary detention of female protesters

over the last few years.

Harassment and intimidation of families which

has taken a toll on their family relations and

psychological welfare.

Challenges

Limited enforcement/application of law - Government often

prioritizes development agenda over human rights.

Lack of due process and no sufficient consultative processes, no

free, prior, informed consent with affected indigenous

communities.

Justice system not independent, prone to corruption and outside

influence, lacks trust from public, often works in favor of rich and

powerful.

Ineffectiveness of the existing land dispute mechanisms.

Lack political will/commitment to address the land problem in

good faith, often over run by political agenda.

Lack of legal aid provision for the poor and the women .

Lack of tenure security follow with forced dispossessions.

Lessons learned

Progressive legal framework (2001 Land Law, IP rights etc) has not resulted in effective protection of HR. Lack of implementation and enforcement.

Government policies not backed up with adequate funding or political will.

Judicial system undermining protection of land and property rights (three fundamental laws passed in May 2014 do not require Judges to be politically independent).

Solutions and opportunities

Cease forced dispossession and implement a strict legislative framework which ensures that evictions and relocations are legal, negotiated and fairly compensated (UPR 2014).

Improve women’s access to land and tenure security, ensure that land acquisitions for any purpose follow due process, and that adequate compensation is provided following sufficient consultative process (CEDAW 2013).

Ensure that evicted communities are relocated to sites which enable women to access of employment, schools, health care centers (including sexual and reproductive care), community centers, and other services and amenities necessary (CEDAW 2013).

Solutions and opportunitiesJudicial reform and measures to address land issues (UPR 2014).

Speedy reform of the land tenure system to meet the national objectives of poverty reduction, food security and environmental protection (UPR 2014).

Increase measures to tackle illegal land evictions, including those against indigenous people, and consider fortifying the legislative framework consistently with international standards (UPR 2014).

Investigate, prosecute cases of intimidation and harassment by law enforcement personnel against women human rights defenders advocating for land rights (CEDAW 2013).

Recommendations

With stakeholders, develop a comprehensive legal aid

scheme in order to ensure effective access by women to

courts and tribunals.

Consider with stakeholders provide adequate funding to the

Bar Association and women’s organisations, as well as

indigenous’ s organizations providing free legal counselling

to ensure effective access to justice by women.

Engage in advocacy on women’s land and property rights

and access to justice (UNDP not very vocal in Cambodia).

Contribute to the state’s implementation of a strict legislative

framework on land concessions for economic development

and other purposes.

RecommendationsContribute to the speeding up process of land tenure system to meet the national objectives of poverty reduction, food security and environmental protection. Ensure the land titling programme is implemented with meaningful participation and prioritize settlement of land disputes with full respect for the rule of law Develop the legislative framework consistent with international standards.Coordinate with other UN agencies and development partners to ensure the Government and business enterprises uphold their responsibility to developing and implement alternate strategies to assist those being displaced and to ensure provision of adequate housing and access to basic services, healthcare and employment .Help promote a legislation on corporate social responsibility and the dissemination of guiding principles on business and human rights.