NATURAL RESOURCE MANAGEMENT

This section, as described in the GAP, addresses issues that are central to the Government’s strategy to sustain development, to reduce poverty and to enhance social justice. Initiatives underway or planned typically address issues of access to natural resources by communities as a means to further their development and to sustain their livelihood. Land, forestry and fisheries management have been singled out and grouped under a common umbrella, Natural Resource Management, in the GAP to underline the need for synergies among the three sub-sectors.

Section A. Land Management

1. Introduction CONTENT

The Government views land management as one of the most important issues in the alleviation of poverty and in the laying of a foundation to good governance in the use of land, one of Cambodia’s most important resources. The government has identified the main issues as land problems caused by (i) an inadequate legal framework;  (ii) limited management and enforcement capabilities; (iii) weak capacity of land titling and administration; (iv) the use of outdated data for land use classification and planning; and (v) lack of a legal framework to cover the management and use of state land and real estate. 

2. Summary of Progress in Land Reform

The following summary of progress was prepared in February-March 2002 as the basis for further NGO discussions on the reforms. 

The Land Law has been adopted and the Council for Land Policy has been established. The Ministry for Land Management, Urban Planning and Construction (MLMUPC) and the Council for Land Policy are responsible for the development and implementation of the land policy framework. 

The new Land Law was promulgated in July 2001. Four other laws and 14 implementing sub-decrees are being prepared, some of which are already adopted, namely:
-      Glossary on the Land Law.
-      Royal Decree on establishment of “Phnom Prah Reach Trorp” Resort Center.
-      Sub-decree on organisation and management of “Phnom Prah Reach Trorp” Resort Center.
-      Public Notice by the government on prohibition of possession of immovable property.
-      Prakas on management of construction sites.
-      Circular on rights of way in urban areas. 

Some of the regulations needed for implementation of the new Land law which have already been researched, subject to consultation and drafted are: (1) Sub-Decree on Organization and Functioning of the Cadastral Commission, (2) Sub-Decree on Land Registration, (3) Sub-Decree on Methodology and Technique of Cadastral survey. (4) Sub-Decree on Social Concessions and (5) Sub-Decree on Reduction of Concessions. 

Human resource development

-    Training documentation is being prepared. 
-    Human resource development is underway. 

Land registration, administration and management

-      Costs relating to the Land Title Service are being estimated.
-      About 15% of land registrations patented have been issued and work is proceeding;
-      Pilot projects of inventory of state land in districts in 2 provinces are underway. 

Further details on progress

The progress report in the matrix below was prepared by the General-Secretariat of the Council for Administrative Reform (CAR) GAP monitoring unit in December 2001. The CAR received information on all reform areas in the GAP and summarized its findings in the progress report. 

Progress in Land Reform*

Actions To Take
ST: Short term (within 1 year)
MT: Medium term (in 2-3 years)

Current Status
(1) Facilitate the review and adoption of the draft law by the National Assembly and Senate and promulgate implementing regulations of the new Land Law (ST)
Partially Completed, In process

The new Land Law was promulgated in July 2001; 4 other laws and 14 implementing sub-decrees are being prepared; training documentation is also being prepared and public dissemination is underway.

Costs relating to Land Title Service are being estimated.
(2) Initiate the development of a Land Policy (Land Administration and Management Project) (ST)
Partially Completed, In process
RGC declaration on Land Policy already approved for circulation; the land policy framework is being prepared and will be finished by 2003; the evaluation of the social impact has been completed.
(3) Accelerate land registration and strengthen a land administration to enhance land tenure security (ST)
In process
Already 15% of land registrations patent have been issued and work is proceeding; pilots to make an inventory of the land in districts in 2 provinces are underway.
(4) Initiate pilot projects for six provinces and complete six additional pilots using methodology to address cadastral mapping and land registration (ST/MT)
In process

Underway in Kandal, Kampot, Takeo, Kompong Speu, Sihanouk Ville, Phnom Penh (50, 135 plans completed)

Training sessions about new methodology completed (170 officials in 10 provinces)

Training sessions for 25 mid-level officials completed.

Sub-decree on land registration and cadastral book are disseminated; a project for urbanism and land administration is being prepared.
(5)Prepare and initiate implementation of an action plan for strengthening the capacity of implementing agencies (training and installed equipment)  (MT)
In process
Annual training program on procedures to resolve conflicts is being organized. A first session to train officials is being held.
(6) Complete six additional pilots using methodology to address cadastral mapping and land registration (ST/MT)
In process
Project Management officers already trained; 11 provinces and cities have been selected for implementation in the next 5 years; 800 skilled officials were selected to implement the project; supervisory institutions within the Ministry are being strengthened.
(7) Develop an Action Plan for land use (MT)
In process
Master Plan for Sihanoukville is being developed; pilot project to manage land use and systematically register land is underway in two areas; work is also proceeding to register public lands all across the country.

* Source: Council for Administrative Reform (December 11, 2001), “GAP Progress Report”
Information in italics has been added. 

3. Summary of NGO involvement in Land Reform CONTENT

NGOs networks involved in the land issues include the NGO/IO Working Group on Land Law and the NGO Forum’s Resettlement Action Network. Key NGOs involved in land issues include the Oxfam GB Land Study Project, LWF and urban poor NGOs such as URC and USG.

Legal and human rights organisations such as the LAC and ADHOC, research institutes such as CDRI and training organisations such as ADI/CCC have been quite active in conducting research and investigations of cases of land problems. 

As land problems have been occurring almost everywhere in Cambodia and have affected NGO beneficiaries of many development NGOs both in urban and rural areas, it is natural that those organisations also have quite strong concerns regarding land reform. 

Examples of NGO involvement in the sector include: 

Research and documentation

-        A number of surveys and studies of different land issues.
-        Studies of the Land Law and regulations.

Public Awareness and Education

-   Publication of legal documents. Oxfam GB LSP published 1000 copies of the Land Law to be given to
     concerned organisations and interested people.
-   Training on Land Law and government land policy. 

vestigations

-    Investigation of serious land grabbing cases.

Advocacy


-    Providing input to the government's land policy and Land Law, other implementing regulations and programs
     affecting access of people to land.
-    Providing inputs to various draft laws and regulations to implement the Land Law.

Provision of legal assistance
-    Provision of free legal services to the victims of land grabbing cases: giving legal advice or defending cases
      in courts. 

NGOs involved in this reform area have observed the following issues that need to be addressed in implementation of land reform in the GAP:

4. Issues Raised by NGOs About Land Reform CONTENT



Given the importance of land issues in Cambodia, NGOs most appreciate the progress that has been made, with strong leadership from government, support from donors, and active involvement of NGOs.  The participatory process used to develop the Land Law is a model for other sectors to follow.  NGOs would like to also draw attention to the following issues:

  • Despite the much-applauded participatory process in developing the Land Law itself, there has been lack of open consultation in the development of the related regulations

  • Lack of transparency of legislative processes: Although there have been instances when inputs were invited from certain NGOs, most regulations have been made and issued without giving notice to concerned stakeholders, civil society groups, NGOs.

  • Lack of information about and dissemination of laws and regulations.

  • Concerns about disputes over immovable properties during land registration.

  • Land grabbing cases continue, and victims of land grabbing often do not dare to complain.

  • Land registration for the people living on Cambodia’s borders presents concerns.

  • Some agro-industrial concessions occupy land areas exceeding the maximum permitted by the Land Law.

  • The land reform process needs to prioritize activities to ensure pro-poor implementation.  Large organizations that finance land reform programs often prefer to concentrate on land administration rather than land management and land redistribution.  In the specific case of Cambodia, NGOs believe that the most important direct poverty alleviation opportunities lie in the distribution of land to rural landless families.

5. NGO Recommendations on Land Reform CONTENT

Recommendations to government:

  • Prioritize land distribution and land management, and focus land registration efforts on areas where the poor are vulnerable to being dispossessed.

  • Provide an open consultation process on development of the legal framework, and executive regulations.

  • Set specific timeframes for the preparation and issuance of related laws and sub-decrees.

  • Prepare and adopt a draft law and Sub-decree on the Expropriation of Social Concessions by the end of 2002.

  • Review land concessions, imposing a ban on land concessions on forested land, and cancel  agro-industrial concessions occupying land areas which exceed the maximum permitted by the Land Law.

  • Publish and disseminate relevant laws and regulations.

  • Ensure a careful and comprehensive process with sufficient time in land registration.

  • Create a transparent process for inventory of state public and private properties.

Recommendations to donors:

  • Prioritize support for land distribution (through a nationwide programme of Social Concessions) and land management (especially demarcation and registration of State Land).

  • The priority for land administration should be titling in areas where poor people are most vulnerable to being dispossessed.  Surveys suggest that these are particularly: areas that were fought over during the 1990s; areas where the local economy is booming; areas with high land values and potential for commercial exploitation (e.g. as plantation land); national borders and along national roads.

  • Speed up the capacity building of the institutions implementing reform actions.

  • Support independent organisations for monitoring of land registration.

Recommendations to NGOs:

  • Provide public awareness and education on the Government’s Land Policy, Land Law and relevant regulations.

  • NGOs should network and establish NGO Working Groups on Land Reform in their respective project areas, in all provinces if possible.

  • Conduct relevant surveys on land issues.

  • Participate in land registration processes, especially in terms of bringing to attention of the competent government authorities instances where people are victims of land grabbing and forced evictions.

  • Offer assistance in settlement of land disputes using ADR and litigation process.

Further NGO recommendations related to land reform may be found in the Land sectoral paper of the NGO Statement to the 2002 CG Meeting.