KINGDOM OF CAMBODIA

Nation   Religion   King

==*==

Royal Government of Cambodia

National Authority for Land Dispute Resolution

No. 194/07 R. NLDA 

 Unofficial translation

2007 First Half-Year Report

On the

Activities and Achievements of the National Authority for Land Dispute Resolution

The National Authority (NLA) was established by the Royal Decree No. NS/RD/0206/067, dated February 26, 2006, with the General Secretariat as its headquarters for running day-to-day operations. In the first half of 2007, the General Secretariat of NLA has performed its work in a highly responsible manner and made several key achievements as follows:

 I. Receipt of Complaints

 The General Secretariat of NLA has received 116 complaints directly from people and institutions, which the General Secretariat has distributed to the following specialized institutions to accelerate their review and find solutions for them, as below:

II. Achievements of the National Authority for Land Dispute Resolution

1.         Disseminated [information] through private and public media about the activities of the crackdown on forestry offenses, which are the main causes of land disputes.

2.         Participated in resolving the environment land grabbing issue in Kompong Seila, Koh Kong Province, and peacefully confiscated 90 hectares of land to retain as government property.

3.         Prepared Circular No. 02 on illegal ownership of government land for submission to the Head of Government for review and decision.

4.         Following Orders No. 01 and No. 02 of the Royal Government, the Municipal/Provincial Authorities, the Forest Administration, the Fisheries Administration, and the Ministry of Environment, confiscated 226,927.40 hectares of illegally occupied forest land of all kinds to retain as Government property (as of July 2007) and 473 chainsaws of all kinds (as of February 2007).

5.         Prepared notices to the Ministry of Land Management, Urban Planning and Construction and the Ministry of Environment to take action, transfer and remove from the public functions in the cases of the Director of Koh Kong Provincial Department of Land Management, Urban Planning, Construction and Cadastre and the Director of Koh Kong Provincial Department of Environment in relation to the irregularity of requesting certificates for ownership of fixed property in the Peam Krosaob wildlife sanctuary in Stung Veng village, Stung Veng commune, Smach Meanchey district, Koh Kong Province.

6.         Issued a letter of notification to the General Secretariat of the Council for the Development of Cambodia to prepare a request to incorporate the district forest administration and district fishery administration into the provincial/municipal investment sub-committee to oversee the licensing of economic concession land that affects protected forest land and fisheries according to procedures.

7.         Prepared a subdecree on the permanent reservation of government forest land and provision of social concession land to 41 families in Takruok village, Treng commune, Rottanak Mondul district, Battambang province, with an area of 5.1299 hectares (five hectares one thousand two hundred ninety nine square meters) for submission to the head of the Royal Government for review and decision.

8.         Took legal action against Oknha Tan Seng Hak - Oknha Te Haing and Oknha May Vuthy in relation to the case of land grabbing and illegal clearing of forest land, which is currently under court procedures.

9.         Prepared a sub-decree on the permanent reservation of government forest land, implementation of social concession land and provision of land to the Royal Cambodian Armed Forces in Banteay Srey district, Siem Reap province.

10.       Prepared a notice letter to the Ministry of Land Management, Urban Planning and Construction, the Ministry of Environment, the Ministry of Agriculture, Forestry and Fisheries, and the Forest Administration to take strict administrative action against 15 government officials because those officials had violated the guidelines of land law, forestry law, the fisheries law and the law on environmental protection and natural resource management, and especially had disregarded the highest order of Samdech the Prime Minister.

11.       Organized a student debate forum on land issues, in collaboration with Cambodian national television, which covered three topics:

            1.         Between social concession land and economic concession land, which one is more important?

            2.         Between the mechanism for resolving land disputes outside the judicial system and the mechanism for resolving land disputes through the judicial system, which one is better?

            3.         A good Government policy on land is the one that prevents land revolution.

12.       Prepared sub-decree on the classification of permanent forest land reserves, land reservation and issuance of ownership certificate of 844 hectares of government land in the Domrey Phong area, Trapeang Phleang commune, Chhouk district and Stung Keo commune, Kampot district, Kampot province, to distribute to the truly landless people, according to the spirit of the sub-decree on social concession land.

13.       Conducted inspections on the implementation of Orders No. 01 and 02, Circular No. 02, and the distribution of social concession land in Stung Treng, Kratie, Koh Kong, Sihanoukville, Battambang and Banteay Meanchey.

14.       Conducted inspections on the activities of YLP Co., Ltd., for which the Office of the Council of Ministers issued a letter of notification No. 597, dated 04-05-07, to cancel its letter of notification No. 853, dated 01-06-05, that allowed YLP Co., Ltd. to invest in and develop the tourist site in the Cambodian-Laotian border area in O Svay Commune, Thalaborevath district, Stung Treng province, because the company’s land clearance exceeded the limit permitted by the letter and failed to complete the formalities as required for the implementation of economic concession land with the Ministry of Agriculture, Forestry and Fisheries.

15.       Peacefully resolved the dispute in the case of the General Directorate of Autonomous Port in Sihanoukville that requested that the road be closed and another linking road be opened to replace the closed one, with the agreement from the autonomous port and the Sunwah factory located in quarter No. 3, Mittapheap district, Sihanoukville.

16.       Resolved the dispute which had been prolonged for many years regarding the land grabbing of the cemetery containing 80 graves in quarter No. 3, Mittapheap district, Sihanoukville by laying down three guidelines: 1. Request the municipality to issue a letter to reject all the sale-purchase agreement certified by the village/commune authorities; 2. Request the Ministry of Land Management, Urban Planning and Construction to issue a letter to reject all the administrative letters that led to the issuance of ownership certificates for the disputed land; and 3. Request the municipality to re-measure the disputed land.

17.       Resolved the land dispute case between 92 families and the Chamroeun Cheat Company in village No. 4, O Tres commune, Stung Hao district, Sihanoukville, by requiring the municipality to:

            -           Establish a working group to collect data on the truly landless people living on the disputed land.

            -           Arrange and distribute social concession land to those people who have little or no land.

            -           Investigate to find the ringleaders who provoked the people to go and live on the disputed land.

18.       Resolved the land dispute case in the Kbal Chhay resort area with the working group's decision to let the Forestry Administration meet and discuss with the Sihanoukville authority to propose measures that will resolve the matter.

19.       Resolved the forest land grabbing case in the Preah Sihanouk Ream National Park by encouraging the Forestry Administration and the Department of Environment to collaborate with the municipal authority to discuss technical and legal aspects in order to have a sufficient basis for submitting to and passing [a decision at] the plenary session meeting of the NLA.

20.       Resolved the case of Lieutenant Ream Lima, Deputy Commander of the Koh Kong Military Operation Sub-Region, who grabbed the forest land of 270.480 hectares which belongs to the Ministry of Environment's Dorng Peng Multi-Purpose Area by asking the provincial hall to issue an order to confiscate the land back to retain as Government property.

21.       Took action against two customs officials based in Sre Ambel district and one fisheries official who cleared and grabbed land for private ownership in Sre Ambel district, Koh Kong province, and in this case, the Royal Government decided to let the Ministry of Environment be the plaintiff to work with the lawyer of NLA and file a lawsuit to the court for trial according to the existing law.

22.       Took actions against three environment officials and two traders in relation to the destruction and illegal logging in the Boeung Per wildlife sanctuary, Preah Vihear province, and this case was processed by the Phnom Penh Municipal Court for trial according to the existing law. In the above crackdown case, the evidence seized included: 215,913 cubic meters of logs, most of which was the Phdeak wood, one chainsaw driving machine, one large transport vehicle, one 18-horse power generator, one 24-horse power machine, four fuel containers of 220 liters capacity, and six fuel containers of 30 liters capacity.

23.       Took actions against four traders in relation to the destruction and illegal trading of logs and use of unlawful chainsaws in Stung Treng province. This case is currently under a proceeding by the Phnom Penh Municipal Court.

 24.      Participated in resolving a land grabbing case in the APSARA zone and sending the two masterminds to the court for trial according to law.

25.       Provided information to the Forestry Administration in Battambang and Kompong Speu Provinces to take actions against the deforestation, trafficking and illegal storage of logs in Battambang, where 19 m³ of log was confiscated and in Kompong Speu, 10 m³ of log was seized.

26.       Intervened and provided a lawyer to defend the lawsuit of the Forestry Administration at the Sihanoukville Municipal Court in relation to the Government's public land in Poy Kampenh area.

27.       Took part in the process of resolving a land dispute, which had been prolonged for many years, between the PhanImex Company and the Sovann Komar Organization in Kandal province.

28.       Investigated the request for investment by the PhanImex Company in Ponhea Leu district and Muk Kompoul district, Kandal province.

29.       Investigated four land dispute cases in Muk Kompoul district, Khsach Kandal district, Lvea Em district and Kean Svay district, Kandal province.

30.       Resolved the grabbing case of government forest land in the Boeung Pram area, Battambang province by requesting the provincial authority to:

            -           Issue an order to confiscate the forest land to retain as government property based on Order No. 01 of the Royal Government and to find the mastermind who incited people to come and settle in the area, and especially to prevent political exploitation by a number of people behind the issue.

            -           Find a suitable location to provide social concession land to truly landless people.

31.       Resolved the case of land grabbing in the Daun Sam wildlife sanctuary by advising:

            -           The provincial authority to issue an order based on Order No. 01 to confiscate all types of government forest land that is illegally occupied, and to continue to implement Order No. 02 and in case of any protest, implement Circular No. 02.

            -           The provincial authority to continue to implement letter of notification No. 1248 dated November 3, 2004 of the Office of the Council of Ministers, by which the Government decided to set aside 10,000 hectares [of land] as social concession land for 2,103 truly landless families.

            -           The provincial authority and the environment officials to make efforts to protect the remaining 30,021 hectares for conservation as Daun Sam wildlife sanctuary.

32.       Completely resolved the land dispute case of 17 families in Poipet commune, Banteay Meanchey province.

33.       Resolved the land dispute case between 21 families and the National Association of Agricultural Development in the Chankiri area by deciding to appoint a joint committee led by H.E. Sok Sareth, Deputy Provincial Governor, to continue implementing its work by conducting field visits to the disputed land and measuring and clearly marking the location of the disputed land as well as adding one additional representative of the National Association of Agricultural Development in the joint committee as directly requested by H.E. Deputy Prime Minister NHIEK Bun Chhay at a meeting.

34.       Resolved the case involving 600 families, the Sam Phannarith Company and the Seng Hong Heng Company by requesting for the return of the farming land and development land, which the province issued an order to confiscate, by recommending:

            -           The provincial sub-committee to prevent, eradicate and suppress the clearing, burning and fencing of forest land for ownership, and to practically review the case of the 600 families whose land was confiscated through an issuance by the province order.

            -           As for the request by the Sam Phannarith Company and the Seng Hong Heng Company in relation to the Government's public land, the NLA will provide its views and opinions including its proposed measures for the highest decision by Samdech the Prime Minister.

35.       Resolved the five-hectare land dispute case between 250 families and H.E. Lu Lay Sreng in Baleley village, Poipet commune, O Chrov district. This dispute case was resolved as a package by requesting all relevant institutions and authorities at all levels, especially the people illegally settling in the land owned by H.E. Lu Lay Sreng, to follow the rule of law by abiding by the final judgment of the supreme court, and the authority shall find a suitable location in the province to provide social concession land to the truly landless people who settled in the land of H.E. Lu Lay Sreng.

36.       Encouraged all the provinces/cities to continue issuing orders to reject and confiscate all types of Government forest land according to the contents of Order No. 01 and Circular No. 02, and take the 2002 Forest land Coverage Map as a basis and the implementation shall be based on the principles of equality and practicality.

37.       Encouraged all the provinces/cities to comprehensively continue the dissemination, education and prevention based on Order No. 01, especially to make all the people aware that the activities of grabbing government forest land of all types for private ownership are against forestry law, environmental protection law, fisheries law and land law.

38.       Encouraged all the provinces/cities to investigate and find the masterminds who support and provoke the activities of clearing forest land for private ownership to take action based on existing legal procedures in collaboration with the lawyer of the NLA and in combination with the use of media, such as by broadcasting the news, pictures and activities of the offenders through newspapers, radio and television as a warning to other criminals.

39.       Fully resolved the economic concession land dispute, which had been prolonged for many years, belonging to the Ouk Khun Agro-Industry Development Company in Kompong Speu province.

40.       Fully resolved the economic concession land dispute, which had been prolonged for many years, in the Poy Machov area, Sihanoukville.

41.       Fully resolved the housing dispute between Mr. Chhin Lea and his son-in-law Khan Sokhon in Chambak Her village, Puok commune, Puok district, Siem Reap province.

42.       Fully resolved the parking lot dispute, which had been prolonged for many years, in Stung Treng Province.

43.       Recruited 43 lawyers to work with the General Secretariat of NLA by appointing two lawyers for each province/city and appointing two lawyers to work with the Forest Administration.

44.       Sent two officials to take part in the workshop on ASEAN people parliaments in the Philippines.

45.       Sent one official to take part in the training course on the conflict resolution system in Singapore.

 III.       Continued Work Objectives

 1.         Strengthen law enforcement and continue to seek justice to ensure confidence and wholehearted acceptance from land dispute parties and the public, especially continue to carry out strict implementation in fighting the root causes of land disputes.

2.         Strengthen and expand education, propagation and dissemination to prevent land disputes.

3.         Continue to encourage the distribution of social concession land to landless people, pursuant to Sub-decree No. 19 on Social Concession Land.

4.         Expand the organization of a roundtable discussion forum required by the situation in order to explain and disseminate [information] to the public about land dispute issues.

5.         Continue to check and ensure the release of those people who were detained as a result of land disputes, according to the highest recommendation of Samdech the Prime Minister, except criminal cases.

6.         Conduct inspections on the implementation of Orders No. 01, No. 02 and Circular No. 02 of the Royal Government as well as the letter of notification of the Office of the Council of Ministers in relation to land issues, which have been introduced and not yet implemented by some authorities and competencies, and especially, continue to confiscate all types of forest land from illegal occupants to retain as Government property.

7.         Continue to investigate and find those individuals who have illegally grabbed Government land and who are inciting illegal grabbing of Government land or working behind the provocation.

8.         Appoint specialized competence officials to take part in national and international workshops to explain to the public and respond to the groups that try to seek political gain over land dispute issues.

9.         Organize campaigns to educate and disseminate [information] in local communities about land issues, by directly educating the relevant people and competent authorities.

10.       Continue to build and develop human resources in the General Secretariat of NLA to appropriately respond to the needs of this sensitive and complicated work.

11.       To start operating the (MIS) Management Information System equipment, whose installation has almost been completed, in early September 2007.

Phnom Penh, 24 August 2007

Secretary General

(Signature)

SVAY SITHA

Seen and Approved Deputy Prime Minister, Minister in charge of the Council of Ministers and Chairman of the National Authority for Land Dispute Resolution (Signature and stamp) SOK AN