REGIONAL LAND FORUM21 -23 JUNE 2016HANOI, VIETNAM

SOR SONTHEARY, SK ADVISERREGIONAL FOCAL PERSON

FORLAND TENURE SECURITY TASKFORCE

LAND ALTERNATIVE DISPUTE RESOLUTION IN

CAMBODIA

Contents

1.History of Land Tenure System in Cambodia2.Causes of Land Conflicts 3.Existing Land Conflict Resolution Mechanism 4. Why Alternative Dispute Resolution ?5. Recommendations 6. Q&A

1. History of Land Tenure System in Cambodia

Pre-1863 : Feudal System- use-based ownership system 1863-1953: French Protectorate –French property rights

introduced 1953-1970: Kingdom of Cambodia I-continuation of French

System 1970-1975 : Khmer Republic- continuation of the French System 1975-1979 : Democratic Kampuchea –Abolition of all property

rights 1979-1989 : The People’s Republic of Kampuchea-State own

land and natural resources 1989-1993 : The State of Cambodia- Free-Market Economy 1993-Present: The Kingdom of Cambodia II- Free-Market

Economy

2. Causes of Land Conflicts

Civil war within the country in the past Lack of legal/policies awareness raising

and implementation Population increase and the needs for

land Traditional practices of Cambodian

people State land and community land

grabbing Large Scale Land Acquisition (economic

land concessions) Urbanisation and development

3.Existing Land Conflict Resolution Mechanism

Within Court System Outside Court System ( ADR and other

interventions) o Local authorities, development partners,

NGOs, CBOs… o Cadastral Commissiono National Authority for Land Dispute

Resolution (NALDR)

4. Why Alternative Dispute Resolution ?

ADR can improve people’s access to justiceADR can help manage conflicts that may

directly impair development initiativesADR can reduce the level of tension and

prevent conflict in a communityADR can prepare community leaders, increase

civic engagement, and create public processes to facilitate economic restructuring and other social change

ADR can support and complement court reformADR can reduce the cost of resolving disputes

o Three-tier system of cadastral commission (CC)N

CCP

MCCD

KCC

5 steps of land dispute resolution by cadastral commission

1Making

Complaint

2Investigatio

n

3Administrative Meeting

4Conciliation

5Issuance of

Title

5- Recommendations

Conflict prevention through awareness raising and training of land law and policies to the public and local authorities

Using existing ADR for conflict resolution

Law enforcement through court system Working together for land governance-

relevant ministries, development partners, private sector , NGOs and communities

6-Questions and Answers

Thank you for your attention !