Advocacy in Cambodia: Increasing Democratic ... - Pact Cambodia

Case Studies
estimates that 100,000 people are currently in a
situation in which powerful players are trying to
displace them. While legal organizations track
their own land cases, exact or even approximate
figures on the extent of the problem are not readily
available. Anecdotal evidence indicates that the
figures are astounding, especially with regards to
land concessions. The consensus is that
resolutions are rare and usually only occur in civilto-civil
cases. Resolutions in cases involving the
military or large companies are virtually nonexistent.
Though petitioners who take a case to
court generally receive some compensation, that
compensation is generally insufficient and is
almost never actual land.
Complaints filed with village and commune
authorities tend to have no effect, so plaintiffs go
directly to the political opposition party or to the
Prime Minister’s residence. This strategy is not
available to everyone however, as it requires
personal connections, and often is unsuccessful
as provincial authorities ignore directives sent
from the central level.
Legal aid organizations play an important
role in ensuring that NGOs provide appropriate
guidance to communities, although they readily
admit that they have been generally unsuccessful
in protecting the vulnerable from powerful figures.
Though NGOs want to assist their communities,
their ability to react is limited. A number of legal
assistance organizations are working on land court
cases, but their caseloads are becoming quite full
and they are experiencing difficulties in securing
funds for legal assistance programs. In addition,
NGOs in local areas consider taking action against
powerful players involved as risky, as NGOs often
operate with little backing or protection.
Occasionally however, NGOs will organize public
forums and invite provincial representatives from
the three political parties to meet with concerned
villagers. NGOs also encourage villagers to place
copies of their complaints directly into the hands
of high-ranking officials when they visit the
provinces to attend opening ceremonies and other
events, but caution villagers to slip papers to
officials discretely. Nevertheless, NGOs and
communities are becoming bolder and legal aid
organizations are gaining experience, to the extent
that small victories occasionally take place.
NGOs cite the composition of land dispute
resolution committees as one of the main
obstacles to obtaining resolution of land disputes.
It is not unusual for a committee member to be
directly or indirectly involved in a land dispute and
therefore may stand to benefit personally from the
outcome of the committee’s decision.
Capacity Building by NGOs on Land
Issues
In July 1999, Oxfam GB, ADHOC, and CDRI
held a national workshop on Institutional
Cooperation for Resolving Land Disputes in
Cambodia. The outcome of the workshop was a
decision for NGOs to study land disputes and their
resolution at the local level. Researchers first met
with the provincial dispute resolution
commissions in five provinces. Findings of the
study indicated that the commissions were
constrained by a lack of operational funds and
limited dispute resolution capacity. The study also
revealed the extent of communication gaps
between provincial/local authorities and the
national government.
As a result, in 2001 Oxfam GB conducted
capacity building activities for stakeholders in
Kompong Speu province, including monks, NGO
staff, government officials, military, former Khmer
Rouge officers, and members of the land dispute
resolution commission. Topics in the 12-day
workshop included conflict resolution, mediation
and arbitration, land law, and the right to land. At
the end of the course, members of the land dispute
commission conducted a mock case using models
for mediation and arbitration. After the workshop
a former Khmer Rouge officer and a military
officer were invited to join the commission. This
was done on the suggestion of provincial officials,
who said that if land disputes occurred in military
areas, those stakeholders would be needed to help
resolve them.
Land disputes are expected to increase in the
future as the land title project moves forward and
titles held or created by powerful figures are
discovered. NGOs estimate that at this time little
is known about land deals. For this reason, it is
important for NGOs to have resources to track
disputes, to argue class action suits, and to have
sufficient numbers of Bar Association-accepted
lawyers who can plead in court.
Composition of the Cadastral
Commission
The World Bank has begun working with the
Ministry to strengthen the institution in
preparation for an expected 10-20 year land title
registration project. NGOs have collaborated with
the World Bank and the Council of Land Policy to
create a Statement of the Royal Government on
Land Policy. The Statement, which was published
in May 2001, indicates the government’s intention
to strengthen land tenure security, manage land
and natural resources in a more sustainable and
equitable manner, and promote equitable land
distribution.
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