It is now more than two year since the land law entered into force. During this period the Government, especially the Ministry of Land Management Urban Planning and Construction, has focused on the institutional structure arrangements, staff capacity building, policy development, legal documents and the implementation of Land Management and Administration Project under loan from the WB, ADB TA, and GTZ and Finland grants.
Over the last year the Government has passed a sub-decree on Social Concession and the Strategy of Land Policy Framework therefore carrying out important work as set out in the benchmark of CG 2002. Civil society groups, local and international NGOs, and in particular landless families are very happy with this process and welcome it despite the fact that there not very much participation in the consultation process.
At the same time, there are necessary legal documents that are needed, as priorities, to implement land law effectively in order to improve peoples living conditions and the protection of their legal ownership, these include a sub-decrees on reduction of economic concession, state land and the expropriation law.
Problems continue to persist
in relation to land close to accessible areas for cultivation of the landless.
This land is being kept by non-producers for speculation, which results in there
being no land for the people who need to farm for their livelihoods. The ongoing
land grabbing problem carried out by powerful people have not been resolved yet.
There are urgent tasks that need the government's attention. Unfortunately the
political will of government seems to hesitate in relation to this action even
if there are some legal provisions have been stated.
Land administration: Land Management and Administration Project which aims to promote improved standards in people’s livelihoods by providing secure tenure through the issuing of systematic titles with strong legal enforcement has started land registration schemes in various areas. If the land registration process is not opened to effective participation then it has the danger of causing deterioration in people’s livelihoods. At worst, they will become landless which contradicts the idea of poverty reduction and land distribution policy focused on by government. The majority of people in rural area are illiterate and as a result it is difficult for them to understand the process and procedures of land registration, especially in relation to their immovable property rights. There has been carelessness in some area allowing for opportunists to take advantage of land registration. As a result the landowner become landless, and powerful people who has a big land acquiring more big plots of land legally. Unfortunately the systematic land registration sub-decree allows only one month for the public display of cadastral plan and owner list, if someone has not claimed or file complain during this period they will lose their land forever.
Land conflict: Land disputes remain a hot issue involving many families and rich or powerful people in conflicts over possession rights. If a dispute goes to court the powerful party who has legal documents will win because they have means to afford them. This problem is an obstacle to development and undermines people’s stability especially for women headed households. In response to this, the government under the Land Law 2001 has created the Cadastral Commission system, a mechanism to replace the pre-existing national and provincial commissions which had failed to adequately address this problem. The permanent members of CC are from MLMULC. Those caught up in land disputes are happy both with land law 2001 and CC and hope that their cases will be resolved fairly. The CC is just starting its tasks, and unfortunately it has interpreted its jurisdiction as being only over land dispute where the land has not been registered (before 2001). This interpretation seems to contradict the spirit of the land law, which suggests that the CC shall make decisions on disputes over immovable property between possessors (Article 47 of land law 2001). The creation of CC was meant to resolve land disputes out of the courts. But it would now seem that the CC will not address the big land cases that has accrued unless it interprets its jurisdiction differently.
Land distribution: no groundwork on land distribution has yet taken place but we welcome the adoption of sub-decree on social concession and strategy of land policy framework. A CDIR report of 2002 states that the agricultural landlessness increased by 20% in 2002, 25% have land less than 0.5 hectares in size, 45% are landless or near landless. 10% own 40% of the land in Cambodia. Demand for land has increased while the supply of land is in discussion only on paper without actual action being taken. Even if, Land law 2001 prohibits encroaching land any more, but the encroachment is still happened by possible people. In general, fertile land with agricultures potential where is accessible for cultivation belongs to the powerful people. Actually, these unused land areas subject to withdrawal for social concession because unused land that has not paid tax by 30 June 2000 is considered land without owner (Instruction No 010 dated 2 July 2000, Ministry of Economic and Finance on measurement for management and unused land tax collection).
· Real political will to carry out changes in the area of land is the main factor if the above issues are to be addressed.
· During the process of public display of adjudication areas it is essential that people in the area have training and/or clear information and explanations as to the process. The Administration Commission needs to ensure that people who have land in the systematic land registration area can protect or claim their property rights and therefore.
· The Cadastral Commission needs to interpret its jurisdiction in accordance with the Land Law Article 47. The CC has jurisdictions over any possession dispute including a party has possession title.
· Take effective action to collect unused land that has not had tax paid on it for the implementation of effective social concession program.
· Implement the piloting of social concessions as soon as possible
· Donor position (consultant or donor people who has assigned to work in Cambodia) in the reform should be strengthened in order to avoid a saying that "I come to change Cambodia" after one year "Cambodia change them all"
· NGOs especially development NGOs should participate in the implementation of land distribution policy through wider initiatives of social concession program as stated in sub-decree on Social Concession to contribute to the reduction of poverty in Cambodia.
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For more information and the issues raised in this paper, please contact Oxfam GB, Tel 023 720 036, Email: svannsin@oxfam.org.kh