The workshop on the Land Rights and Law Enforcement of Cambodia organized by the Cambodian Human Rights and Development Association (ADHOC) was held on Monday, September 30th, 2013 in Kampong Speu province. Like the many other provinces, Kampong Speu community has had long lasting but yet resolved land disputes. Many families have lost their homes and have stated that their rights to the adequate housing have been violated nearly for a decade.
The main purpose of the workshop was 1. to provide the open floor forum to all parties including the affected Kampong Speu communities members, the local authorities, law enforcement officials and the civil society to discuss about the disputed land issues and to be informed about its up-to-date situation, 2. to give the opportunities to the communities to voice their concerns and opinions directly to the local related authorities, and 3. to brainstorm the possible solutions and recommendations that can be agreed by all parties in order to resolve the conflict.
The 5 panels of the workshop consisted of 1. Mr. Long Lon, the lawyer of the ADHOC, 2. Mr. Latt Ky, the Head of the Land and Natural Resources Section of ADHOC, 3. Mr. Pen Sambo, the provincial Governor Deputy of Kampong Speu, 4. ChhoeumRithy, the Judge of the provincial court of Kampong Speu, and 5. Mr. Tab Malai, the chief of Land Urban Management and Cadastral Office.
Along with the Panels, 13 provincial authorities, 6 district authorities, 7 commune council authorities, 40 members of the victim community, 4 Khmer Rouge Trial (KRT) Civil Party representatives, 5 Non-Governmental Organizations (NGO) officials and 3 Media Journalists were present.
The forum began with the opening remarks from Mr. Latt Ky, the Head of the Land and Natural Resources Section of ADHOC and the brief introduction of the main goals and the agenda of the day. During his speech, Mr. Latt Ky emphasized that the goal of any development projects should be aimed for the poverty reduction. He also stressed that in order to achieve this common goal, it is crucial for all parties to research and analyze the targeted communities, live styles, and the nature of the surrounding areas before deciding to carry out any of the development projects. He added that particularly, in the context of globalization, development has to be in line with respecting of existing human rights principles and its code of conduct. He noted that if development projects do not comply with the aforementioned principles, the vicious cycle of the vulnerable groups of the society receiving unfair benefits will continue.
A second time keynote speaker of Mr.Pen Sambo, Mr. Pen Sambo, the provincial Governor Deputy of Kampong Speu noted that the Royal Government has determined poverty reduction policy, which is one of the most important topics for the workshop. Mr. Pen stated in order to achieve the ultimate goal of this policy, the Royal Government has to comply with the policy of fair and equity for economic development for everyone, including the effectiveness of land management and natural resources implementation policy.
The third keynote speaker, Mr. ChhoeumRithy, the Judge of the provincial court of Kampong Speu province began his remarks by explaining the three separated powers system of the Royal Cambodian Government-Legislative, Executive, and Judiciary- and bringing up some of the most controversial issues on the land dispute cases in Kampong Speu province in the previous years which became very difficult for the competent authorities to resolve. He continued to note that after Septmber 3rd 2003, the issuance of the announcement of inter-ministry, the court and the cadastral committee started to take the separate cases on land disputes based on the type and the nature of the dispute. He added that the land owners not having the land certificate have been one of the main causes to more problems on the related disputes. Mr. ChhoeumRithy strongly suggested and encouraged the communities to apply for land titles –which is at free of charge-to become the registered owner to prevent the future complications of the land disputes.
The fourth presentation topic was on the implementation of government’s order and the past land issue resolution and its challenge by Mr. Tab Malay, chief of Land Urban Management and Cadastral Office. He stated that the specialized authority has tried its best to fulfill its obligation in implementing the order based on the legal procedures. However, he explained the challenges during the process of land measurement come from the absence of relevant parties participating in the process.
The last keynote speaker, Mr. Long Lun, ADHOC’s lawyer, criticized how in the previous years, numbers of land dispute cases have led to the criminal charges and detention against the community members without a proper investigation.
He urged the audience to ponder upon the question of why the vulnerable and powerless groups are always considered to be wrong while the private companies or the authorities demolishing farms and destroying livelihood of the families are always considered to be right. He strongly urged the judiciary and the authorities at all levels to pay thorough attention to the circumstances by case-by- case and properly investigate before deciding to arrest anyone or demolishing their property while the case is still being resolved. He reiterated that these kinds of malpractices should stop immediately.
Soon after the various presentations, active interaction with the community members was conducted during the Q& A session under the facilitation of Ms. Ouch Bo, the ADHOC provincial coordinator of Kampong Speu province. The workshop recorded total of 83 participants (67 female, 16 male) attendance and the entire session successfully ended around 12: 00p.m.
According to ADHOC authority, the next workshop will be held in the next 3 months to follow-up on the effectiveness of the implementing the recommendations which have been discussed at today’s session.
For more information, please contact:
Mr.Latt Ky, Head of Section: 012 828 411 (Khmer, English)
Mr. Pen Bonnar, Pro Officerr: 012 964 056: hembonnar@gmail.com (Khmer)
