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

Case Studies
Enlarging the Democratic Space
Participation of civil society in the
formulation of land policy has largely
been facilitated by leverage provided by
multinational banks. In general
however, NGOs have established good
relations with the government on this
sensitive issue and as a result have been
able to considerably influence the final
outcome of land legislation. Precedence
has also been established for good
cooperation in the future. The
effectiveness of the land law will
depend primarily on the drafting of the
various sub-decrees. As mentioned
earlier, NGOs in the Land Law Working
Group will need to maintain the
momentum of the past few years in
order to continue to be a part of the
process and protect the interests of
ordinary citizens.
Proponents of engagement
between civil society and the
government point out, however, that
the land legislation was designed at the
national level alone (excluding
community and grassroots
participation), a factor that may reduce
effectiveness and enforcement at the
local level. By contrast, the fisheries law
campaign was initiated at the
grassroots level with activities aimed at
building fishermen’s capacity to deal
with local authorities. Though relations
with authorities during the fisheries law
drafting period were not always
smooth, it is thought that the final
fisheries legislation is likely to be more
realistic, better suited to the needs of
communities, and will have a better chance of
being implemented and enforced in the long run.
Building Capacity of NGOs and Grassroots
Organizations
At the legislative level, NGOs benefit from the
presence of a number of human rights and legal
organizations that are active in providing input to
the Land Law and whose technical capacity
complements those of government officials and
their legal consultants. Oxfam GB’s Land Study
Project and the Land Law Working Group have
played a role in coordinating NGOs and
documenting various aspects of land problems and
land reform. Again, this momentum will need to
be sustained in order to see the land reform
process through to its conclusion, which may not
be for several years to come. There is a view that
NGOs lack lobbying capacity and the contacts and
An ethnic hill tribe group meets with the King and Queen
to thank them for giving them the right to protect their
land area in Ratanakiri province.
personal relationships that facilitate personal
diplomacy. There is also a need for simple,
understandable written materials distributed at
the local level that describe and inform people of
their rights.
Resources
Oxfam Great Britain publishes a series of reports on land issues,
available in English and Khmer at the Oxfam office in Phnom Penh.
Visit the Ministry of Land Management’s website at
www.mlmupc.gov.kh for an overview of the structure of the Ministry
and access to the Land Law in English and Khmer.
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