Yun Mane, Civil Society and activist Keat Bophal, Human Rights Officer, OHCHR

1. Ms. Yun Mane, Civil Society and activist
Ms. Keat Bophal, Human Rights Officer, OHCHR

2. 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.

3. 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.

4. Indigenous community members block road
to protest a proposed dam project
Indigenous woman joint other members to
patrol forest.

5. 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.

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

7. 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.

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

9. 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.

10. 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.

11. 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).

12. 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).

13. Solutions and opportunities
Judicial 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).

14. 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.

15. Recommendations
Contribute 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.