1. Introduction
Cambodia is a predominantly agrarian society, and the vast
majority of its citizens depend on land and natural resources, such as forests
and fisheries, to sustain their livelihoods. In rural Cambodia, land is also
deeply connected to the cultural and spiritual life of indigenous and
non-indigenous communities.
Since the early 1990s, the Cambodian Government has conceded large
tracts of land to private companies for investment in plantations and
large-scale agriculture. These concessions have adversely affected the human
rights and livelihoods of Cambodia’s rural communities.
The Sub-Decree on Economic Land Concessions, adopted in December
2005, is an important advance in establishing the legal and regulatory
framework for the grant and management of concessions, including requirements
to conduct public consultations and environmental and social impact
assessments. However, these provisions have not been properly implemented and
enforced; existing concessions have not been reviewed; and economic land concessions
have continued to be granted over forested areas and indigenous land, in
violation of the law.
A key question is who benefits from economic land concessions, and
the grant of Cambodia’s land and natural resources. Information available on
the Ministry of Agriculture, Forestry and Fisheries website shows that a large
number of economic land concessions have been granted in favour of foreign
business interests and prominent Cambodian political and business figures,
including senators and oknhas. Yet the benefits for rural communities are not
apparent, nor is the contribution to state revenues.
2.
Legal framework for
economic land concessions
The Royal Government of Cambodia is a party to key human rights
treaties, including the International Covenant on Economic, Social and Cultural
Rights, International Covenant on Civil and Political Rights and International
Convention on the Elimination of All Forms of Racial Discrimination. These
treaties, together with the Universal Declaration on Human Rights, guarantee
the rights to own property and not be arbitrarily deprived of property; to an
adequate standard of living, including food and housing; to self-determination
and not to be deprived of one’s means of subsistence; to freedoms of expression
and assembly; to equality before the law and equal protection of the law; and
to an effective remedy.
The Constitution of the Kingdom of Cambodia incorporates into
domestic law the human rights guarantees contained in the Universal Declaration
of Human Rights and key human rights treaties, and specifically protects
Cambodian citizens’ right to own land, and freedoms of expression and assembly.
2.1. Land classification and ownership
According to Article 15 of the Land Law and the Sub-Decree on
State Land Management, state public land is land with a public interest use,
and includes property having a natural origin, such as forests. State private
land is all land that is neither state public land nor legally privately or
collectively owned or possessed under the Land Law. The Sub-Decree on State
Land Management sets out the framework for state land identification, mapping,
registration and classification, and notes where additional administrative
guidelines are required.
Under the Land Law, any person who enjoyed peaceful, uncontested
possession of land - but not state public land - for at least five years prior
to the law’s promulgation has the right to request a definitive title of
ownership. Those who have enjoyed such possession for less than five years may
obtain a definitive title of ownership after five years. However, as noted in
the 2004 report, the majority of rural Cambodians do not have title documents
recognizing their ownership of land, either because they have not seen the need
to obtain titles, or cannot afford to do so.
2.2. Land Law and economic land concessions
The Land Law, promulgated on 30 August 2001, authorizes the grant
of land concessions responding to either social or economic purposes. The Land
Law also envisages “other kinds of concessions”, including mining, fishing,
industrial development and port concessions, which do not fall within its
scope. Land concessions must be based on a specific legal document, issued by
the competent authority prior to the occupation of the land, and must be
registered with the Ministry of Land Management, Urban Planning and
Construction.
Economic land concessions can only be granted over state private
land, for a maximum duration of 99 years. These concessions cannot establish
ownership rights over land. However, apart from the right to alienate land,
concessionaires are vested with all other rights associated with ownership
during the term of the contract.
Economic land concessions shall not exceed 10,000 hectares, and
concessions granted prior to the passage of the Land Law are to be reduced to
comply with this limit, although an exemption may be granted if the reduction
will compromise exploitation in progress.Article 59 further prohibits the grant
of concessions in several locations, jointly exceeding the 10,000 hectare size
limit, in favor of the same person(s) or different legal entities controlled by
the same person(s).
Article 62 states that economic land concessions must be exploited
within 12 months of being granted, or will be considered cancelled. Concessions
granted prior to the Land Law must be exploited within 12 months of the law’s
entry into force, or shall be cancelled. Concessions may also be cancelled if
not exploited for a period exceeding 12 months during the term of the contract,
without proper justification. Any failure to fulfil the conditions of a
concession shall be grounds for its withdrawal, and concessionaires are not
entitled to seek compensation for any damage resulting from the withdrawal of a
concession.
Article 18 of the Land Law states that land concessions that fail
to comply with the above provisions are null and void, and cannot be made legal
in any form. Article 55 provides that concessions may be revoked by the
Government for non-compliance with legal requirements, and the concessionaire
may appeal this decision. Further, a court may cancel the concession if a
concessionaire does not comply with clauses specified in the contract.
2.3. Sub-Decree on Economic Land Concessions
The Sub-Decree on Economic Land Concessions, signed by the Prime
Minister on 27 December 2005, determines the criteria, procedures, mechanisms
and institutional arrangements for granting economic land concessions;
monitoring the performance of economic land concession contracts; and reviewing
the compliance with the Land Law of concessions granted prior to the effective
date of the sub-decree.
Economic land concessions are defined as a mechanism to grant
state private land for agricultural and industrial-agricultural exploitation.
The purposes for which they may be granted include investment in agriculture,
rural employment and diversification of livelihood opportunities, and the
generation of state revenues.
An
economic land concession may only be granted when all the following criteria
have been met:
(i)
The land has been registered and classified as state private land, in
accordance with the Sub-Decree on State Land Management and Sub-Decree on
Procedures for Establishing Cadastral Maps and Land Register, or Sub-Decree on
Sporadic Registration;
(ii)
A land use plan for the land has been adopted by the provincial or municipal
state land management committee, and the
land use is consistent with the plan;
(iii)
Environmental and social impact assessments have been completed with respect to
the land use and development plan;
(iv)
There are solutions for resettlement issues, in accordance with the existing
legal framework and procedures. There shall be no involuntary resettlement by
lawful land holders and access to private
land shall be respected; and
(v)
Public consultations have been conducted with territorial authorities and local
residents, relating to economic land concessions projects or proposals.
Proposals for economic land concessions are to be evaluated
against criteria that include the promotion of people’s living standards,
perpetual environmental protection and natural resource management, avoidance
or minimization of adverse social impacts, creation of increased employment,
and linkages and mutual support between social land concessions and economic
land concessions.
The grant of economic land concessions may be initiated through
solicited proposals, where the Government seeks expressions of interest in a
project, or unsolicited proposals, where an investor proposes a project.
However, competitive solicited proposals are the prioritized method for
granting concessions, and unsolicited proposals may only be considered in
exceptional cases where an investor promises to provide outstanding advantages
through the introduction of new technology, linkages between social land
concessions and economic land concessions, or access to processing or export
markets.
The Ministry of Agriculture, Forestry and Fisheries is authorized
to grant economic land
concessions that exceed 1,000 hectares or a total investment value of 10,000,000,000 riels
(approximately $2,500,000).4 Provincial and municipal governors are authorized to grant
concessions below these limits. The responsibilities of contracting authorities include enforcing concession contracts, monitoring contract performance, and reporting to the Council of Ministers every six months.
concessions that exceed 1,000 hectares or a total investment value of 10,000,000,000 riels
(approximately $2,500,000).4 Provincial and municipal governors are authorized to grant
concessions below these limits. The responsibilities of contracting authorities include enforcing concession contracts, monitoring contract performance, and reporting to the Council of Ministers every six months.
3.
Overview of economic
land concessions in Cambodia
3.1. Number of economic land
concessions granted
The 2004 report listed 64 economic land concessions that had been
granted, or for which approval had been sought, in 13 provinces. According to
information provided by the Ministry of Agriculture, Forestry and Fisheries in
early 2007, from 1992 to 31 December 2006, the Royal Government of Cambodia
granted 97 economic land concessions in 16 provinces and municipalities of
Cambodia. Of this number, nine concessions had been agreed to in principle by
the Council of Ministers, covering an area of 64,208 hectares, but contracts
had not yet been signed. During this period, the Ministry stated that the
contracts of 30 companies had been cancelled, covering an area of 265,230
hectares (see Annex 2). However, only five of these companies had in fact
signed contracts with the Ministry, and others had merely received letters
agreeing in principle to the grant of concessions.
As of 31 December 2006, 59 concessions remained, covering an area
of 943,069 hectares in 15 provinces. This constitutes approximately 5.2% of the
total land area in Cambodia, and 14.5% of all arable land in Cambodia.9 A list
of all economic land concessions, with their full names and localities, is set
out in Annex 1.
Stung Treng
province has the greatest number of economic land concessions, with ten
concessions covering 179,899 hectares. The provinces in which the greatest
amount of land has been conceded are KompongChhnang and Pursat, where two
companies have been granted concessions covering 318,028 hectares: the
Pheapimex concession alone spans both provinces and amounts to 315,025
hectares. Districts in which large amounts of land have been conceded are Sambo
district in Kratie province, Stung Treng and Sesan districts in Stung Treng
province, and Phnom Srouch district in KompongSpeu province.
Province No. of companies No. of concessions Areacovered hectares)
Stung Treng 10
10
179,899
Province No. of companies No. of concessions Areacovered
KompongSpeu 8 9
90,256
Kratie 7 7 64,373
Ratanakiri 5 5 53,747
Kompong
Cham 5 5 12,070
Kompong Thom 4 4 35,561
Koh Kong 3 3 79,300
Kampot 3 3 36,200
Siem Reap 3 3 19,235
Mondulkiri 2
2
17,600
OddarMeanchey 2 2 16,000
Sihanoukville 2 2
12,800
Pursat 2
2
141,963
KompongChhnang 1 1
176,065
Battambang 1 1 8,000
TOTAL 58 59 943,069
The figures and information provided by the Ministry of
Agriculture, Forestry and Fisheries do not include economic land concessions
not exceeding 1,000 hectares, which are granted by provincial authorities. The
Ministry has said it is not in a position to provide information on these
concessions, and consolidated information on their number and location is not
available from Government sources. According to information received from other
sources, economic land concessions not exceeding 1,000 hectares have been
granted in Kompong Thom, Kratie, Mondulkiri, OddarMeanchey and Ratanakiri
provinces, and further proposals are under consideration. In late 2006,
reliable information indicated that ten proposals for economic land concessions
not exceeding 1,000 hectares had been submitted to provincial authorities in
Mondulkiri province, and 22 proposals were under consideration in Kratie
province.
3.2. Technical Secretariat
on Economic Land Concessions
The eight members of the Technical Secretariat on Economic Land
Concessions were appointed by the Prime Minister on 30 June 2006. On 1 August
2006, the Ministry of Agriculture, Forestry and Fisheries established an
assistance team, comprised of Ministry officials, to assist the Technical
Secretariat in carrying out its tasks. To date, the activities of the Technical
Secretariat have focused on creating its functions and mandate, preparing new
application forms and contracts for economic land concessions, and guiding
companies in the preparation of environmental and social impact assessments.10
In August 2006, the Technical Secretariat sent out notices to
contracting authorities, requesting information and documents relating to
concessions granted prior to the Sub-Decree on Economic Land Concessions. In
January 2007, the Ministry of Agriculture, Forestry and Fisheries advised that
the Technical Secretariat was collecting data on concessions from the Ministry
and provincial authorities, and that the Economic Land Concession Log book
would be established once this information was received. No further information
on the status of the logbook has since been made available.
3.3. Review of existing
economic land concessions
In December 2005, the Ministry of Agriculture, Forestry and
Fisheries advised that ten active companies had been reviewed. Apart from the
cancellations the Ministry advised of in early 2007, it is not clear whether a
general review of existing concessions has commenced. The largest existing
concessions, including the Pheapimex concession in Pursat and KompongChhnang
provinces and the Green Sea concession covering 100,852 hectares in Stung Treng
province, have not been reviewed.
3.4. Access to information
and documents
A priority of the good governance ‘rectangle’ of the Government’s
Rectangular Strategy for Growth, Employment, Equity and Efficiency is to
“ensure full transparency and accountability in all government transactions,
including disposal or lease of public assets”. It is important to know who is
benefiting from economic land concessions, and from the grant of Cambodia’s
land and natural resources.
The 2004 report called for the disclosure of information relating
to economic land concessions, including contracts, maps, company shareholders
and revenue generated. Joint monitoring indicators agreed by the Government and
development partners at Consultative Group meetings in December 2004 and March
2006 called for the immediate public disclosure of concession contracts and
contractual compliance, and the establishment of a mechanism for the periodic
dissemination of information on economic land concessions.
In mid-2006, the Ministry of Agriculture, Forestry and Fisheries
created an economic land concessions homepage on its website, which includes
profiles of concessions granted and basic company information.11 In March 2007,
the website was updated to reflect information current as at 31 December 2006.
Information has been provided on all concessions above 1,000 hectares,
including company details. The website lists directors, but not shareholders,
of concession companies. More detailed information is required on the ownership
of concessions and concession companies, including information on all directors
and shareholders.
No information has been provided on concessions not exceeding
1,000 hectares. This information should be disclosed as a matter of urgency,
including details of concessionaires and the location, size, purpose and status
of concessions. Information on economic land concession proposals under
consideration, or agreed in principle, should also be disclosed, since many
concessionaires commence activity before signing contracts. Further,
information on compliance with the SubDecree on Economic Land Concessions is
necessary, including the conduct of public consultations and environmental and
social impact assessments, and reports from these consultations and
assessments.
4.
Impact of concessions
The
impact of economic land concessions has continued to illustrate the same trends
documented in the 2004 report, and in subsequent reports submitted by the
Special Representative to the United Nations Commission on Human Rights and
Human Rights Council. These have included concerns about the lack of
consultation with local communities, encroachment on land and detrimental
impacts on traditional livelihoods, displacement, adverse environmental
impacts, employment and labour conditions, violence and intimidation, and lack
of effective remedy or recourse for affected communities. This report further
illustrates these patterns, giving particular attention to the impact on
indigenous communities.
4.1. Encroachment on agricultural and grazing land
Encroachment on agricultural and grazing land, and resulting loss
of livelihoods, continues to be the most commonly-voiced issue of concern for
communities, and arises in relation to almost all active concessions. These
concerns have been raised by communities in relation to over 23 concessions in
11 provinces.
The Koh Kong Sugar Industry Company and Koh Kong Plantation
Company concessions were granted without public consultation in August 2006.
They cover land in SreAmbel and BotumSakor districts which villagers have farmed
since 1979. The clearing of rice fields and orchards belonging to villagers in
SreAmbel district has affected over 400 families; some have little or no land
remaining for farming, and are surviving on last year’s rice harvest. The
concession has also restricted the availability of grazing land for villagers’
livestock, and company security guards have reportedly seized or shot cattle
straying into the concession area. Villagers are now reported to be facing
difficulties in repaying loans taken out under micro-credit schemes, due to the
loss of sources of income. Both companies have expanded their activities
despite efforts to resolve the dispute, including the establishment of a
provincial working group and an agreement that further bulldozing activity
would be suspended until the dispute was resolved.23 In January 2007, it was
estimated that 507 hectares of farm land and rice fields belonging to villagers
had been cleared.
In Kratie province, the six concessions granted to Global
Agricultural Development, Asia World Agricultural Development, Green Island
Agricultural Development, Plantation Agricultural Development, Great Asset
Agricultural Development and Great Wonder Agricultural Development in Sambo
district encroach upon the land of Phnong, Mil and Kuy indigenous communities
in O’Krieng, KbalDamrei and RolousMeanchey communes. These communities depend
upon the cultivation of rice and seasonal crops, and the collection and sale of
non-timber forest products. In mid-2006, three concessionaires began clearing
land and forested areas to create roads and teak plantations, and digging
trenches to prevent villagers and their cattle from accessing areas within the
concessions. This destroyed rice fields and farm land belonging to villagers,
as well as forested areas. Given the initial impacts of these concessions,
which are not yet fully exploited, the villagers fear there will be
insufficient land and forest resources for the future survival of their
communities.
In Kompong Thom province, the activities of the An Mady Group
concession24 have affected 29 villages in ToulKrouel and SalaVisai communes inPrasatBalaing
district, where 65 percent of the population are Kuy indigenous people. The
company commenced clearing land in December 2004, before the contract was signed
in May 2005, and without any prior consultation with communities. It destroyed
rice fields and orchards belonging to over 300 families and blocked roads used
by villagers to access forests. Families have reported food shortages duet
other loss of their livelihoods.
4.2. Loss of access to forests and non-timber forest products
Concerns about the encroachment of concessions upon forested areas
and resulting loss of access to non-timber forest products have been raised by
communities in relation to over 22 concessions in 8 provinces.
In Stung Treng province, five concessions have been granted over
forested areas in Sesan district, including areas of dense evergreen forest.25
The area has long been under the traditional use of Phnong,
Prov and Kuy indigenous people, who depend on rice cultivation, thecollection
of non timber forest products and hunting. In KbalRomeas commune, some families
own over 100 resin trees. The operations of the companies have limited
villagers’ access toforests to tap their resin trees and collect non-timber
forest products. Resin trees belonging to villagers have been felled with only
small amounts of compensation paid.26 Villagers have reported that armed guards
employed at the SopheakNika concession have restricted their access to forest
paths previously used to access their resin trees. The affected communities
fear that all the forests they have traditionally used and depended on will be
gone once the concession sare fully exploited.In2005 and 2006, villages in
KbalRomeas commune initiated requests for community forest areas, which are
still pending. The various concessions overlap with the request dare as, which
also cover community spirit forests.
For communities, the loss of access to non-timber forest products,
particularly the tapping of resin trees, has had a heavy impact on family
incomes and traditional lifestyles. Depending on areas and provinces,
communities have reported that they can earn up to 10,000 riel ($2.50) per day
by tapping resin trees and selling non-timber forest products. In contrast, day
labourers at concessions are paid from 5,000 to 10,000 riel ($1.25 to $2.50)
per day worked, with no guarantee of continued work or a fixed monthly income.
In many concessions, communities note that workers are brought in from other
provinces, and few local villagers are engaged.
4.3. Displacement
The Constitution of the Kingdom of Cambodia states that all Cambodians
have the right to own land, which may only confiscated in the public interest,
as provided for under law, and with the payment of fair and just
compensation.27 Yet rural communities throughout Cambodia have been deprived of
the right to own land through the grant of economic land concessions. They have
received no or insufficient payment of compensation, and there has been no
demonstrated public interest.
Concerns about the displacement of families have been raised in
reation to the An Mady Group concession in Kompong Thom, the Mittapheap Men
Sarun concession in Ratanakiri and the Vanna Import Export concession in
Kompong Cham. For example, it is reported that the An Mady Group concession in
Kompong Thom province has displaced 30 Kuy indigenous families. The company
offered compensation of 70,000 to 80,000 riel ($20) per hectare: some villagers
were forced to accept this offer, or were obliged to accept because their land
had already been cleared. The families were relocated to small plots of land
along the road, which are too small for cultivation. Villagers have had to
resort to day labour, and some have had to leave the village to seek jobs in
other provinces. Others have moved further into the forest to clear land for cultivation.
As concessions have not yet been fully exploited, further
displacement is likely. Even if families are not forced out, they are likely to
find themselves obliged to leave because there is no land left for them to
cultivate.
4.4. Impact on areas of cultural and spiritual significance
Concerns about the encroachment of concessions upon traditional or
spiritual land have been raised in relation to 9 concessions in 6 provinces,
affecting both indigenous and non-indigenous communities.
For example, the Wuzhishan concession has affected the traditional
lands of Phnong indigenous communities in O’Reang district, Mondulkiri province
since 2004. The company has desecrated the spirit forests and ancestral burial
grounds of Phnong communities, whose beliefs centrearound spirits that control
life at home, in the forest and in their fields. Its operations have also
affected reserved land, grazing land and farm land.28 Although the communities
raised their concerns with the company and provincial authorities, the
Government signed a contract with the company in December 2005 and the
concession continues to operate.
The eco-tourism concession granted to New Cosmos Development
(Cambodia) in May 2004 to develop a resort and golf course affects the
traditional lands of Suy indigenous people in Aural district, KompongSpeu
province. The land surrounds natural hot springs, and is an area of cultural
and spiritual importance for the Suy. On several occasions, the company and
local authorities have tried to remove the statue of the Suy goddess, YeayTe,
from its location near the hot springs, and Suy elders now maintain a permanent
presence by the statue to prevent its removal. Community members are allowed
access to the statue, but armed security guards have barred their access to
other areas within the concession, which are also important for the spiritual
life and community livelihoods of the Suy.
Every year in Krakor district, Pursat province, communities
conduct a traditional ceremony to thank spirits and forests for protecting and
providing for them in the previous year, and to bless them for the coming year.
In early 2005, when Pheapimex was active in the commune, local authorities
required villagers to seek permission to organize the thanksgiving ceremony.
The chief monk and religious department of the district warned monks not to
participate in the ceremony, which they deemed political. Villagers and monks
proceeded with the ceremony, which was monitored by police and local
authorities. The police later collected the names of monks who had participated
in the ceremony.
4.5. Environmental
destruction
The 2004 report raised concerns about logging of valuable timber
within economic land concessions, including in the Green Rich concession in Koh
Kong province, and the Flour Manufacturing Company (Cassava Starch Production)
concession in Stung Treng province, where it is reported that logging
continues.
Further reports have been received that logging is taking place
within economic land concessions granted over forested areas. HMH Co Ltd has
been logging within its concession area in Kompong Thom, which overlaps with
the former GAT International forest concession. It is also reported that
logging is taking place within economic land concessions in Kratie and Stung
Treng provinces, particularly in Sambo and Sesan districts, where concessions
have been granted over densely forested areas, including over the former
Kingwood forest concession.
Other environmental impacts include the use of pesticides and
chemicals, which have contaminated water sources and affected the health of
community members and their livestock in the Wuzhishan and Flour Manufacturing
Company concessions.
5.
Impact on indigenous
peoples
Economic land concessions have had a devastating impact on
non-indigenous and indigenous communities alike, but indigenous communites,
whose rights to collective ownership of land are protected under Cambodian law,
are particularly vulnerable.
5.1. Importance of land and natural resources to indigenous
peoples
Land and forest resources are central to the livelihoods, culture
and traditions of Cambodia’s
indigenous peoples. The livelihoods of indigenous communities depend heavily upon shifting
agriculture and non-timber forest products, and forested areas are central to spiritual and cultural life.
indigenous peoples. The livelihoods of indigenous communities depend heavily upon shifting
agriculture and non-timber forest products, and forested areas are central to spiritual and cultural life.
The International Covenant on Civil and Political Rights, to which
Cambodia is a party, upholds the rights of minorities and indigenous peoples to
enjoy their own culture, profess and practise their own religion, and use their
own language. The Human Rights Committee has commented that these cultural
rights include the enjoyment of ways of life that are linked to land and the
use of land and natural resources.29
Both the International Labour Organization Convention 169
concerning indigenous and tribal peoples and the Declaration on the Rights of
Indigenous Peoples, adopted by the Human Rights Council on 29 June 2006,
specifically recognize the right of indigenous communities to collective
ownership of land, and note the responsibility of governments to protect these
rights. Cambodian law also explicitly recognizes the rights of indigenous
communities to collective ownership of their land and to traditional use of
forest resources.30
5.2. Economic land and other
concessions in indigenous areas
The north-eastern provinces of Ratanakiri and Mondulkiri are
predominantly populated by indigenous peoples, and there are also significant
indigenous populations in Kratie and Stung Treng provinces. Communities in
these areas have already come under pressure from land alienation through ‘land
grabbing’, and illegal or coercive land sales31. The grant of economic land and
other concessions is alienating land even more rapidly, and these concessions
threaten the livelihoods, culture and well-being of indigenous communities.
At least 25 economic land concessions are known to affect
indigenous land in Kompong Thom, Kratie, Mondulkiri, OddarMeanchey, Ratanakiri
and Stung Treng provinces. Other concessions granted over indigenous land
include eco-tourism concessions in Aural district, KompongSpeu and at the
BouSra waterfall in Mondulkiri, and a number of mining licences that affect
indigenous land in Mondulkiri, Pursat and PreahVihear.
In late 2006, a licence was granted to BHP Billiton and Mitsubishi
Corporation to explore for bauxite over 100,000 hectares of land in Mondulkiri
province, overlapping with the Wuzhishan concession and encompassing indigenous
traditional lands. Other mining concessions affect indigenous land in Veal Veng
district, Pursat and Roveang district, PreahVihear. The growing number of
mining concessions gives rise to concerns about the potential impacts on
indigenous communities, their rights and their livelihoods.
5.3. Indigenous land alienation and registration of collective
title
The Government has stated on several occasions that it is planning
for the north-eastern provinces of Cambodia to become the fourth development
pole of Cambodia, after Phnom Penh, Siem Reap and Sihanoukville, by 2015.32
Mining, agro-industry and eco-tourism are seen as the drivers of this growth,
as noted by the Prime Minister at a meeting with the prime ministers of Vietnam
and Laos in December 2006. The Government’s plan for economic growth in the
north-eastern provinces seems to sanction and foreshadow further alienation of
indigenous land.
The alienation of indigenous land through the grant of economic
land and other concessions is undermining the ability of indigenous communities
to register their collective ownership of traditional lands, and enforce their
rights to land under the Land Law. In the face of the continuing alienation of
land in indigenous areas, there is increasing concern that little land will
remain available for registration once the framework for the registration of
indigenous communities and collective land title is finalized.
Urgent and immediate action is required to protect and implement
indigenous ownership rights over their traditional lands. Although the Land Law
recognizes the right of indigenous communities to collective ownership of their
lands, the process of establishing the framework for the registration of
indigenous communities as legal entities who can hold title, and of collective
title, has been lengthy and remains to be finalized. In the meantime, economic
land and other concessions continue to be granted over indigenous lands.
The Government has developed a draft Policy on Registration and
Rights to Use of Indigenous Communal Land in Cambodia which, at the time of
writing, is yet to be adopted. In its current form, the proposed policy
framework for indigenous land registration does not fully reflect and protect
indigenous rights to land and natural resources, as guaranteed by the Land Law
and Forestry Law. Of particular concern is the suggested movement away from
shifting cultivation, which is part of the traditional lifestyle and customs of
indigenous communities, and specifically recognized in the Land and Forestry
Laws.
5.4. Other impacts on indigenous communities
The presence of concession companies has also generated land
speculation in indigenous areas, further limiting indigenous peoples’ access to
their traditional lands. Since the grant of the New Cosmos eco-tourism
concession in Aural district, KompongSpeu province, Suy indigenous communities
have faced land alienation and increased pressure on land available for their
use. The commune authority has sold land reserved for future community use,
including land used for the collection of non-timber forest products. People
from outside the area, including Government officials from Phnom Penh, have
bought land and built large houses in the area. Only a small area of reserved
land now remains and this has become a source of conflict within the community,
as there is now insufficient land to meet the needs of all families. During my
visit to this concession in March 2006, Suy community representatives expressed
concerns about their future, as most of the land traditionally used by their
community is now gone.
Indigenous communities have expressed concerns that their culture,
traditional ways of life and identity are under threat. They fear that the loss
of their land and forests will lead to their cultural extinction, as future
generations will have no cultural points of reference. As indigenous
representatives have emphasized, land is life, and without it, there is no life
for indigenous communities.
6.
Who benefits from
economic land concessions?
6.1. Beneficiaries of
economic land concessions
A total of 36 economic land concessions have been granted to
foreign interests or prominent political and business figures, constituting 61
per cent of all economic land concessions granted. This does not include the
ownership of economic land concessions not exceeding 1,000 hectares, as
information on these concessions and their ownership has not been disclosed.
An analysis of information provided by the Ministry of
Agriculture, Forestry and Fisheries shows that 25 economic land concessions are
owned by foreign interests, amounting to over 42 per cent of all economic land
concessions granted. Of this number, 12 concessions are owned by Chinese
nationals, 3 by Thai nationals, 3 by Vietnamese nationals, 3 by American
nationals, 3 by Korean nationals and 1 by a Taiwanese national. In addition, it
has recently been reported that the Ministry of Agriculture, Forestry and
Fisheries has agreed to lease 100,000 hectares of land to ten Vietnamese
companies for rubber cultivation. Only 10,000 hectares have been identified to
date.
The analysis also shows that prominent Cambodian political and
business figures, including
senators and oknhas, own or have shares in at least 11 economic land concessions. While other concessions may be linked to such figures, this cannot be confirmed without a listing of the shareholdings in concession companies and more detailed information on the beneficiaries of concessions.
senators and oknhas, own or have shares in at least 11 economic land concessions. While other concessions may be linked to such figures, this cannot be confirmed without a listing of the shareholdings in concession companies and more detailed information on the beneficiaries of concessions.
6.2. Meeting the objectives
of economic land concessions
Economic land concessions are intended to be part of the framework
of poverty reduction and rural development set out in the National Strategic
Development Plan 2006-2010. In particular, they are intended to develop land in
an appropriate and perpetual manner, based on appropriate ecological systems;
provide increased employment in rural areas; and generate state revenues. However,
as this and other reports have shown, economic land concessions are not meeting
these objectives. The World Bank Poverty Assessment 2006 recommended
smallholder plots, rather than large-scale agro-industrial plantations, to
increase agricultural productivity and reduce poverty.
Concessionaires are not managing land in an appropriate or
sustainable manner, with reference to existing ecological systems, and there do
not appear to be any tangible benefits for local communities. In general, the
concessions have not brought employment to affected rural communities. Where
employment has been generated, in many cases workers are brought in from other
provinces. Where local villagers have been employed, the level of remuneration
is often inferior to what they could have earned from agriculture and
non-timber forest products. Further, it is not clear what kind of contribution
economic land concessions make to state revenues in Cambodia, and the
Government should disclose the revenue earned from concessions.
Instead of promoting development and poverty reduction, economic
land concessions have compromised the economic, social and cultural rights of
rural communities in Cambodia. Cambodia is yet to submit its initial report
under the International Covenant on Economic, Social and Cultural Rights, which
was due in 1994. In light of the current situation, it is imperative that
Cambodia fulfill its reporting obligations under the Covenant, as a concrete
step towards the effective implementation of the rights enshrined therein.
General Comments of the Committee on Economic, Social and Cultural Rights have
recognized that the right to adequate housing includes legal security of
tenure, and that sustainable food security for present and future generations
is central to the right to food.35
6.3. Community development initiatives and needs
In a number of cases, local community development initiatives for
the sustainable management of land and natural resources have been overridden
by the grant of economic land and other concessions, which disregards and
compromises the National Strategic Development Plan’s goal of improved
livelihoods and poverty reduction in rural areas. The prioritization of
large-scale investment over community-based initiatives also runs contrary to the
recommendations on rural poverty reduction made by the World Bank Cambodian
Agrarian Structure Study 2005 and Poverty Assessment 2006.
In SreAmbel district, Koh Kong province, American Friends Service
Committee was undertaking a participatory land use planning process in
ChikhorLeu commune, working with communities and local authorities to map out
land use in the area. The participatory land use plan was completed in 2006,
but work started on the Koh Kong Sugar Industry Company and Koh Kong Plantation
Company concessions before the process could be finalized. Neither communities,
local authorities nor the NGO were consulted or informed about the grant of the
concessions.
In Aural district, KompongSpeu province, Suy indigenous people
were working on a community based eco-tourism project to manage the hot springs
and generate community income, with the support of Lutheran World Federation
and Fauna and Flora International, and in co-operation with the Ministries of
Environment and Tourism. In October 2004, they were told to stop activity after
the grant of the New Cosmos eco-tourism concession. Similarly,Phnong indigenous
communities near BouSra waterfall in Mondulkiri province were working with
local authorities, with the support of DANIDA, to manage the site and develop
small-scale tourist facilities. Despite this initiative, plans for the grant of
an eco-tourism concession are underway, envisaging larger-scale development.
Economic land concessions have also compromised community
initiatives to establish community forests under the Forestry Law. Since 2005,
Community Economic Development has been working with local communities in
Kratie province, including Mil and Phnong indigenous people, to establish a
community forest in KbalDamrei commune, Sambo district. Local authorities and
forestry officials were aware of this initiative. However, in 2006, three
economic land concessions were granted over the land sought as a community
forest. In OddarMeanchey province, Mieng Ly Heng was granted a 1,000 hectare concession
for a cassava plantation over an area where local people had formed a forestry
community and were in the process of legalizing this community in accordance
with the Forestry Law.
These are examples of local communities developing land management
and livelihood strategies for the benefit of their communities, working with
local authorities, NGOs and development cooperation agencies. Yet the process
of granting concessions has taken no account of these initiatives, and granted
exclusive possession rights to private enterprises. Many communities now have
insufficient land and natural resources for their future growth, and are unable
to implement sustainable development plans for their communities.
7.
Conclusion
Cambodia has enjoyed rapid economic growth and a reduction in overall
levels of poverty in the past decade, but the benefits of this growth have not
been shared equitably among its citizens. Disparities in income and access to
opportunities have increased, particularly in rural areas. Rural communities
are heavily dependent on land and forest resources, and landlessness has been
cited as a main cause of widespread poverty in rural Cambodia. Yet increasing
numbers of economic land concessions continue to be granted, further limiting
rural communities’ access to land and natural resources.
Economic land concessions have not led to increased agricultural
productivity or economic growth in Cambodia, and large areas of conceded land
have been left idle or under-utilized. As recommended by the World Bank Poverty
Assessment 2006, secure land title and family-based or smallholder agriculture
would improve development outcomes for rural communities. Community-based
initiatives for land and natural resource management should also be
prioritized.
This report has concluded that economic land concessions have not
proven to be an effective way of promoting development that benefits the
majority of Cambodia’s population. Instead, they are compromising the
livelihoods of rural communities in favour of the enrichment of the few, as
well as foreign business interests.
Effective recourse for affected communities has remained elusive,
and their concerns have gone largely unheeded by the Government. Relevant
authorities and the judicial system have not fulfilled their duty to uphold and
protect the rights of rural communities to own land and use forest resources.
They have also failed to comply with and enforce the Land Law, Forestry Law and
related sub-decrees. This does not reflect positively on the accountability of
state institutions and access to an effective remedy.
Land and natural resources in Cambodia must be managed for the
benefit of all Cambodians, in accordance with the law and Cambodia’s
commitments under international human rights treaties. Special protection is
required for the land and traditional ways of life of indigenous communities.
The protection and fulfilment of human rights, including those enshrined in the
International Covenant on Economic, Social and Cultural Rights, are central to
development and poverty reduction. Development is a people-centred process that
encompasses economic, social and cultural well-being. It must benefit the
population as a whole, and people must be involved in decision-making about
their land and livelihoods. The participation of affected communities would
assist in sharing the benefits of Cambodia’s land and natural resources, and
reducing the negative impact of economic land concessions.
The challenge that lies ahead for Cambodia, working with its
development partners, is to develop and implement policies and practices that
promote equitable and shared growth in Cambodia, and the management of common
resources for the benefit of all Cambodians. The international community, for
its part, must do all that it can to ensure that development is
people-oriented, and respects and protects the rights of Cambodian citizens.
8.
Reference
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