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Recommendations

 

The Kbal Spean case serves as a grave warning. The current trend of displacements and evictions has severe implications for the future of Cambodia. If allowed to continue unabated, there will be an increase in homelessness, poverty, hunger and sickness.  If communities cannot find a resolution through the courts or from the government, it is likely that this trend will lead to more violence.[1]

 

Government

 

· The provisions of the 2001 Land Law and its accompanying sub-decrees need to be fully implemented.  Any sub-decrees that still need to be drafted should be produced as soon as possible, and with the consultation of civil society and the people who will be affected by the sub-decree.

· Government officials who made promises to assist the villagers should be held to their promises.

· The Government should abide by the international standards on forced evictions and human rights by which it is bound.

 

The judiciary and legal profession

 

· Future investigations of similar cases (evictions involving violence), particularly those which will go to court, need to be much more comprehensive. Not only relatives of those injured or killed but all witnesses to the eviction need to be interviewed.

· Lawyers should work in close consultation with their clients, keeping them informed. Cases involving communities should be viewed as belonging to the community, not to individual clients who have retained legal services. All actions taken by the lawyers should be taken in consideration of the community.

· All those having to appear in court should have legal representation. If lawyers come from different organisations, there should be regular meetings to discuss the case. Evidence and information should also be shared.

· Judicial reform is necessary, particularly with regard to land cases. There needs to be more objective investigations. All parties, particularly those who could lose their rights to the land, should have representation.

 

NGOs

 

· There are many NGOs assisting threatened communities. Their work needs to be focused, united, and more coordinated. Different petitions filed by the various NGOs need to be consistent. All actions taken need to be followed up until results are obtained, and any actions taken should not jeopardise any pending court cases.

· NGOs taking action on cases should always keep communities informed, and encourage their active participation in the proposed solutions. 

· Some NGOs are providing training on advocacy and community development, which may be necessary, but it needs to be implemented with the people’s full understanding and participation.

· The security and health conditions of threatened villages need to be monitored. 

 

General

 

· The situation in border towns like Poipet, where land prices are increasing dramatically, needs to be addressed as soon as possible.  All development plans and the like should be made in consultation with communities who may be affected by the plan.  All plans should be drawn up in a way which would benefit the people in the area.

· There needs to be a comprehensive strategy to deal with land cases with the participation of the Government, civil society and the communities affected.

· Non-formal training on the land law is necessary for people in rural areas, who have not had an education.  Training of paralegals on the land law, the procedures of obtaining title, and remedies when ownership is violated is also necessary.

.  Communities under threat of eviction need to be consulted on their wants and needs.  Any actions taken by civil society and the government should be done with the full participation of the people affected.

· There have been a number of reports, workshops and conferences on the land issue in Cambodia. Each of these reports contains recommendations on how to resolve land conflicts in Cambodia. These recommendations should be reviewed and where

applicable, implemented.[2]

 

 

Chronology

 

 

1993

Tin Oun (village chief), claims to have occupied Kbal Spean

1997

Kbal Spean villagers demined the village area and were issued with family certificates, identity cards and specific housing numbers

18 June 1998

Tin Oun applies and receives a title of possession (for use and occupation of Kbal Spean) from the General Department of Cadastre

Early 1999

Tin Oun files for ownership of the land with the Banteay Meanchey Provincial Court. 

18 November 1999

Tin Oun is awarded the land title to Kbal Spean by the Provincial Court

15 January 2000

Representatives of the Ministry of National Assembly-Senate Relations and Inspection met the villagers and inspect the land

2000

Poipet commune chief, Ros Saron, issued a letter to certify that the 218 families have been living in group 55, Kbal Spean V, Poipet Commune, O’Chrov district, Banteay Meanchey.

27 February 2001

The Appeal Court issues a decision confirming Tin Oun’s land title

24-26 April 2002

The Banteay Meanchey Provincial Court enforces the verdict of the Appeal Court and forcefully evicted all residents from the land. The people moved to a site close to the old village.

24 May 2002

The O’Chrov Cadastral Office issues a letter stating Tin Oun’s application to for a title of possession dated 18 June 1998 was not correct and could not be registered in the office

Late 2002 – early 2003

The villagers claim that Tin Oun told them that in exchange for voting for him and his political party, he would give them back the land. The people agreed moved back onto the land without incident

September 2003

Tin Oun files a complaint against six representatives of the village residents for trespass. Two representatives were apprehended and detained

November 2003

Legal Aid of Cambodia assisted the two representatives and secured their release by filing an appeal with the Appeal Court, which ordered the release

December 2003

The Provincial Court attempts to implement the verdict again but is unsuccessful

14 February 2005

Tin Oun makes a request to Banteay Meanchey Court to enforce its verdict for a third time

21 March 2005

The eviction occurs and violence erupts, leaving 5 villagers dead

Endnotes


[1] As Thun Saray, Adhoc president has said, "If they [government][don't care about this, I think the tension, violence would be increased more and more," he said.  "And also the political [situation] will be unstable also if they lack the social and economic situation like this."  As quoted in “Evictions Fuel Social Unrest in Cambodia”, by Kate Woodsome, 7 April 2005.

[2] See, for example, Williams Shaun, "Where Has All the Land Gone? Land Rights and Access in Cambodia", Oxfam GB, May 1999, Conference Report on National Workshop on Institutional Cooperation about Resolving Land Disputes in Cambodia, July 1999 organized by Oxfam GB-ADHOC; Williams Shaun, "Land Ownership Disputes in Cambodia – A Study of the Capacity of Five Provinces to Resolve Conflicts over Land", Oxfam GB, February 2000; Palmer David/Törhönen Mika-Petteri, "Land Administration in Post Conflict Cambodia", FAO, Symposium on Land Administration in Post Conflict Areas, Geneva, April 2004, Cooper George W., "Land Policy and Conflict", March 2002 (revised June 2004); and Leuprecht, Peter, "Land concessions for economic purposes", A human rights perspective", UN-Special Representative for Human Rights, November 2004,

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