Competing Frameworks and Perspectives on Land Property in Cambodia

TitleCompeting Frameworks and Perspectives on Land Property in Cambodia
Annotated RecordAnnotated
Year of Publication2013
AuthorsOldenburg C, Neef A
Pagination1-21
Key themesFDI, MarginalisedPeople, Policy-law
Abstract

This paper discusses Cambodia’s legal framework relating to Economic Land Concessions (ELCs) and looks at the implementation gaps. It argues that despite Cambodian’s legal framework governing land and ELCs being well-developed, its social benefits, such as protecting the rights of the poor and vulnerable and contributing to transparency and accountability, are almost non-existent. Recent evidence suggests that the Government’s handling of natural resources is a far cry from its official land policy which is “to administer, manage, use and distribute land in an equitable, transparent, efficient, and sustainable manner”. This paper argues that this is due to (1) a large gap between the country’s legal framework and the implementation of the country’s land concession policies and (2) a complete disregard of the country’s customary land rights. It will explain that the current political environment benefits the exploitation of the country´s natural resources. Widespread corruption and nepotism encourages growing inequality in land ownership and a significant power imbalance between small groups of powerful, politically and economically well-connected elites and poor and vulnerable people in Cambodia. This is exacerbated by the lack of implementation of appropriate regulations. This elite exercises control over the judiciary and has created a climate of impunity, thus hindering the overall implementation of the legal framework and serving their own interests. The paper will further look into recent Government actions such as the moratorium on ELCs and a new land titling initiative and assess whether these actions have the potential to reverse or perpetuate the current inequality in land holdings.

URLhttp://lawanddevelopment.net/img/2013papers/ChristophOldenburg-AndreasNeef.pdf
Availability

Available for download

Countries

Cambodia

Document Type

Report

Annotations

Overall relevance: 

This paper discusses Cambodia’s legal framework relating to Economic Land Concessions (ELCs) and looks at the gaps in implementation. In particular, it looks at a recent government initiative to re-allocate some of the ELC area to the rural poor. The paper argues that problems in operationalizing policy here are due to (1) a large gap between the country’s legal framework and the implementation of the country’s land concession policies and (2) a complete disregard of the country’s customary land rights. Recent Government actions such as the moratorium on ELCs and a new land titling initiative are assessed as to whether they have the potential to reverse or perpetuate the current inequality in land holdings

Key Themes: 
  • Land rights recognition/formalization/titling/collective tenure - The Cambodian legal framework governing land and ELCs is partially developed, although stipulations protecting the rights of the poor and vulnerable, and contributing to transparency and accountability, are almost non-existent. The underlying aims are to reduce rural poverty and to meet the Millennium Development Goals by 2015. ELCs are a means to grant private state land for agricultural and industrial-agricultural exploitation, thereby serving economic purposes. The law also provides the possibility to grant forest concessions
  • Marginalized people's land rights and access: ethnic minorities, poor and women - Land Use and Management Policy is the legal basis for granting possession rights on land for agricultural production. Farmers who own larger plots can receive a “small scale ELC” up to a maximum of 200 ha. The rights of indigenous peoples are respected, with policy demarcating and titling communal land for such communities
  • Land policy and land law - The Land law of 2001 introduced new property rights categories, such as state public land and state private land. Together with the Sub Decree on Economic Land Concessions (2005), it lays out the means to grant land concessions. According to available concession contracts, it seems that the contracting authority protects the interests of local people by prohibiting the acquisition of lawfully possessed land under family agricultural production. They encourage joint development between civil society and company if mutually agreed upon. ELCs can only be granted on State Private Land, whereas State Public Land cannot be subject to sale or transfer
Research basis: 

The study was conducted in 2013 using mixed methods. Field research was carried out by a consortium of NGOs, revealing negative policy impacts on indigenous peoples. Information was collected through interviews, questionnaires and volunteering in the community. (Provided by Maw Thoe Myar)