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Resettlement

(i) Introduction

 

The development of many different sectors, including trade, tourism and construction has been increasing. There are many infrastructure projects that receive funding from the RGC, multi- and bilateral development banks or other private sources. While development projects in these sectors bring lots of benefits to the public, they also cause several negative effects to the people; for example, some projects force thousands of families to resettle temporally or permanently.

 

According to a development project survey, many families are affected by the Vietnam-Takeo electrical cable connection project. In the same manner, thousands of people are affected by road rehabilitation (such as National Roads no.1, no.2, no.4, no.5, no.6, no.7, no.56, and no.68, and road refurbishments in the city) and other development projects that involve resettlement such as sewage canal rehabilitation, rehabilitation of dams to prevent flooding, irrigation projects and illegal constructions where local authorities’ do not intervene.

 

According to a survey conducted by NGOs working with poor, urban communities there are 62,249 poor households in 569 areas of Phnom Penh and in its outskirts. Similar situations occur in the urban areas of all 24 provinces. Most of these poor people face eviction by development projects; the most at risk are those who live on public land.

 

During the last few years, resettlement and evictions have increased sharply. The affected people became poorer and poorer due to the fact that they received no compensation or that compensation was not equivalent to the value of the land and housing they lost. In addition, they had to spend a lot of money on resettlement costs such as transport, travel and expenses for public services in their new location. The new locations they move to are located far way from the city, hospital, school and work place causing difficulties and inconvenience for themselves and their children.

    (ii) Key Issues

Development projects requiring resettlement are often implemented without compliance to clear legal procedures, transparency and the principles of fair compensation for resettlement. This leads to a situation where affected people face eviction by local authorities without compensation or any appropriate and fair support.

 

In addition to forced expulsion, affected people face serious consequences and losses such as:

i) not being granted the right to relocation; ii) spending much time to prepare new living quarters leading to short and medium term poverty with the poorest people being most affected; iii) loss of jobs and income; iv) children that cannot attend school; v) loss and damage of personal property; vi) concerns on safety and security; vii) lack of public services in the new location; viii) a break-down of social relations; ix) fear and emotional distress caused by threats and the use of force by the project implementers, who give them no alternative but to leave on the terms given them.

 

The major issues that cause serious relocation problems are the lack of a resettlement policy and legislation to protect affected people against development projects, such as a sub-decree on “Resettlement”. Moreover, there is a lack of enforcement and proper implementation of existing legal safeguards, such as the Constitution, the Land Law, and the International Convention on Economic Social and Culture Rights.

      (iii) Recommendations

The recommendations on resettlement issues in Cambodia are as follows:

w   The RGC should speed up the passing of the “National Resettlement Sub-decree” and then introduce it for implementation with standards that apply to all projects. At the same time, existing laws should be enforced to ensure transparency on compensation and protect the affected people. It also needs to include a clear definition on legal procedures for compensation. New draft policies related to relocation should be publicized to ensure transparency and relevant NGOs should be involved in the consultation.

w   The RGC should prepare and implement land use and relocation plans. In Cambodia, development planning should include the precise number of affected people and the scope of their losses as recognized in the policies and legal safeguards. Compensation for property should be appropriate and fair in compliance with the constitution and the land law and should include costs for: i) relocation, ii) restoration of livelihoods, iii) environmental protection, iv) obtaining new land and compensation for any delays faced in obtaining new land, v) obtaining land rights in the new location, vi) any other measures related to relocation and the consultation mechanism to provide affected people with rights to advocate for fair compensation and the protection of their rights.

w  The affected people and other stakeholders should be able to participate at all stages of development projects and be fully informed from the beginning of the project planning to the end of the project. The procedures concerning planned resettlements should be publicized to the affected people and relevant stakeholders, and affected people should be informed of the compensation scheme. However, the affected people should be granted the right to get involved in discussions and consultations on development projects, and be provided options related to their compensation and relocation.

w  With regard to compensation, the RGC or development project’s owner should give fair and appropriate compensation to the affected people in advance, prior to project implementation. The compensation should be assessed based on market price by an independent assessment body.

w   The RGC should provide affected people sufficient time before starting eviction. Infrastructure and public services such as access to water, electricity, roads, schools, markets and health centers should be planned in advance to support the affected peoples’ basic needs in their new location. The RGC should monitor the changes of people’s livelihood and the well-being of the resettled people.

w   To reduce poverty, the RGC should avoid resettlement wherever possible and use this option as a last resort.

w  There should be programs at the relocation site like job creation, vocational training, small agriculture, and small credit schemes for income generation.

w  Inter-ministerial committees should be established to facilitate planning and implementation of relocation projects. All relevant institutions should be involved and coordinate with one another because the committee’s key role in implementing the project.

w  Short, medium and long-term human resource development is necessary to strengthen the capacity of officials involved in resettlement.

w  Donor countries should compel the RGC to ensure transparency and accountability in resettlement issues. Donors should play an important role as external monitors for resettlement activities related to their projects.

 

For more information and the issues raised in this paper, please contact:

Resettlement Action Network of the NGO Forum on Cambodia, #9-11, St 476, Phnom Penh,

Tel: (855) 23 214 429  Fax (855) 23 994 063  Email: leakhana@ngoforum.org.kh

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