Economic
Land Concession
Causes
Poverty in Cambodia Today
By MEY
Sopheadkei, 2010
Introduction
Cambodia had a deep
suffering during Pol Pot regime and cold war in the country and even though the
cold war ended over a decade, Cambodia still faces many problems within harms people
and makes people live in poverty. Now that
cause is economic land concession. There are a lot of economic land concession
in the whole Cambodia that Cambodia government grant the state public land to
the private company to run the business in which it has to be removed people
residences to the new area which in that new area has nothing such as
infrastructure or school for education for young children and has many factors
cause poverty in those new area especially in Phnom Penh. It is a place that
the government needs to urbanize the city and do the privatization economic land
concession.
To develop the country,
Cambodia government needs to make new policy about economic land concession in
order to make this action to be legal and official; the Cambodia government
create the Sub-degree on Economic Land Concession instead of grabbing people land
illegally.
Actually, when the
Sub-degree on Economic Land Concession was passed, in that time the removing
people residences also started in which all people who live in the economic
land concession area have to live without dwelling, market, school,
electricity, running water and so on. They meet a lot of demand for living or
survival in their daily lives. This economic land concession is not harmful
only one place, but it also harm to all sectors of the country.
There is little doubt that
the appropriation of land in Cambodia has been a very positive development for the
powerful individuals and private companies who have acquired prime real estate
at little or no cost – as well as government officials who profited from the transactions.
When the government privatizes the state property (land) in the whole country
it makes many conflicts around the country because it grabs the citizens’ land
which they lived since sometimes 1979 on that land.
There is little evidence,
however, that ordinary Cambodians are benefiting from the mass confiscation of
their land which the government seize for privatization. On the contrary, those
who are displaced are explicitly excluded from any benefits, and instead find
themselves facing loss of income, poor health, lack of education and other dire
consequences that are directly opposed to the government’s public commitment to
development, expressed through targets such as the “Millennium Development
Goals” (MDG); especially they have no piece of land for settling their resident
after the government remove their house in order to live in the new place. We
can say that they lose their land without exchange or equal exchange in the
proper way. Those people always think it is good for nothing to leave their
land.
The statistics, which have
become more alarming year by year, speak for themselves.
In
the 13 provinces in which LICADHO works – roughly half the country – more than
a quarter of a million people have been affected by land-grabbing and forced
evictions since 2003.
In
the capital, Phnom Penh, 133,000 people – more than 10% of its population – are
believed to have been evicted since 1990.1
In
2008, according to Amnesty International, a further 150,000 Cambodians were at
risk of forced relocation nationwide.2
As
of 2004, it was estimated that 20-30% of landowners held 70% of the country’s
land, while the poorest 40% occupied only 10%; in the countryside, 45% of
families were landless or near landless.3
There is no sign of the Cambodian authorities slowing
down the pace of land grabbing and forced evictions, usually committed in
flagrant contravention of their own laws. Economic Land Concessions continue to
be granted in unlawful secrecy, concealed from the public, and sometimes in
sizes far exceeding the legal limit of 10,000 hectares which is no more land
for cultivation in which the government claim that more Cambodians are farmer
and live depend on doing agriculture.
Referring to recent Articles on the Filling Boeng Kak
Lake, Cambodia Daily, Wednesday and Thursday 2007, “we are deeply concern about
natural resource management in Cambodia. It is absolutely wrong, and dangerous
for surrounding residents, once the company could proceed in its construction
before the Environmental Impact Assessment has not been released.” If we look deeper
and deeper into the state public property, the government should clarify and
manage it properly according to the country’s status of development. More
importantly, the agreement on filling the lake violated both 2001 Land Law,
which states that “lakes are state public property and cannot be sold”, and
Article 8 of the 1996 Law on Environmental Protection and Natural Resource
Management, which reads:
1
Land and Housing Rights in Cambodia – A Parallel Report, Land and Housing
Working Group, April 2009, available at http://www.cohre.org/store/attachments/Land%20and%20Housing%20Rights% 20in%20 Cambodia %20(final).pdf
2
Rights Razed – Forced Evictions in Cambodia, Amnesty International, February
2008, available at
http://www.amnestyusa.org/document.php?id=ENGASA230022008&lang=e
3
A Fair Share for Women: Cambodia Gender Assessment, World Bank, April 2004,
available at
“The natural resources of the Kingdom of Cambodia,
which include land, water, airspace, air shall be conserved, developed, and managed
and used in a rational and sustainable manner”.
On the other word, the government privatize the
economic land concession allows the poverty in the country spread out into the
country and also makes the society disorder because of the land conflict
between people and local authority in which it can not develop the country
because the people live in lower income status. Actually, citizens are the
pillar for developing the country, but when the people live in poverty how they
produce energy into the products and help Cambodia develop.
To clear understand on the
economic land concession causes poverty in Cambodia, of course, in Phnom Penh,
we need to know the key issues which will be detailed below.
In this topic, we will discuss
many main points which relevant to the cause of removing people resident,
effect of the removing people resident and the solution with the some cases in
Phnom Penh.
Main Question
How can we take action to
prevent poverty from removing citizens’ residences because of Economic Land
Concession in Cambodia?
Supporting Questions
Why do those removing
citizens’ residents happen?
What are the key impacts of
removing citizens’ resident?
What are the best solutions to
deal with this matter?
1- Hypothesis
As we know Cambodia is the
place for using economic land concession in which the Cambodia privatize the
state public land. Especially, Cambodia government wishes to urbanize the city
and develop the modernization of the city by using Economic Land Concession way
to the private sector. However, this kind of development will have bad effect
to citizens who live around that area such as poor infrastructure and no market
or electricity, so the government has to pay intention on this issue as soon as
possible in order to prevent the poverty in the country.
2. Objective of Research
The poverty which causes from
the economic land concession, nowadays, becomes the critical thought among the
other issues in Cambodia which cause poverty.
To analyze the topic more understandable, we have to select the real
reason to find out the cause of poverty from the economic land concession, dig
out the major effect of the economic land concession, want to seek out the
poverty issue which make the Cambodia society disorder by economic land
concession, and more analyze the element why removing citizens’ resident makes
poverty in the sense or mean of development. Furthermore, we also apt to seek
the solution for poverty reduction because of economic land concession.
3. Goal of Research
To conduct the research on
this topic perfectly “Economic Land Concession Causes Poverty in Cambodia, we
need to choose the major elements including the causes and effect of economic
land concession in which the government decide to remove the citizens’
resident. Moreover, we would like to seek the solution of economic land
concession which causes poverty in the privatized area. Also, we would like to
specify in an area in Phnom Penh such Boeng Kok Lake which is the place mostly
impact to the citizens from the privatization on economic land concession.
Absolutely, we also need to know the way which the Ministry of Land Management Urban,
and Construction prepare the land for the government do the privatization which
causes the poverty by that local people have full right to protect and own their land.
To seek the truth that what
have happened around Boeng Kok Lake, people scrim for help while the government
claims that the people who live around Boeng Kok Lake have to remove their
dwellings because that land belongs to the stat public land; and, simplify the
Cambodia government action to the removing citizens’ residents in which this
removing causes the poverty.
4. Methodology of Research
For this, we use the second
data research including books, internet, newspapers, TV, radio and so on for
help to seek more information in order to complete this topic. All these
equipments as the methodology of research provide the good document and
information related to the topic. Actually, it is a bit hard to do research
because this issue just happens and just some organizations or people who know
this issue, so according to this we sometimes lack of information or time to
make it perfect. Of course, we would go a lot of information or documents
through this methodology which also help this topic become more important.
Scope:
In order to complete this task, we need to spend time as
follow, for first week, we find out and surf the internet relevant to the documents
through varies website and including books, newspapers, and second week, we
collect all data and start set up the specific source to the topic; the third
week, after the teacher correct the topic, we prepare documents and make the
assignment papers plan to submit to instructor as well as prepare for the
presentation. Also, start writing the book.
This research paper is studied only the Boeng Kok Lack
citizens were removed, and cause them live in poverty in another area and how
to find the best solution for taking step to help those people to live in
better condition by reducing the poverty status.
5. History Background
Everything always changes its
values and meaning while the human beings try to develop the natural resource
into the useful thing or the things which human beings can use it for their
purposes. Actually, Boeng Kok Lake is a place which has been being developed
and there are many actions by the government in order to grab that land to do
the privatization. So, Cambodia now come across a number of issues during this
time with its own people who are removed the resident. On the other hand,
Cambodia government wishes to make economic concession land to the
privatization to urbanize the city. As we know since 2001 Cambodia parliament
has adopted the new law to implement the land in Cambodia as a whole and after,
in December 2005, Cambodia government has adopted Sub-degree on Economic Land
Concessions. Of course, Cambodia government aims to start invest the state
public land into the privatization or foreign company in order to develop the
country.
From the beginning of two adopted and Cambodia
government started to force for state public land, so the poor Cambodians
involved this problems through economic land concession because the government
did not issue the land certificate to the people who have their own lands and
lived since 1979 after Khmer Rouge died. Through Economic Land Concession
Cambodia government grant investor companies in Cambodia such as abuse to move,
encroachment, grabbing land, shooting and so on.
There is no better place than
Boeng Kok Lake which situated near the city center and it will be a place being
developed in the near future, so the people around there are forced to remove
their houses. Sometimes, they are in charge of living on the state public land
in which the government needs to develop or privatize while they lived over a
few decades by issuing the land certificate by local authority in their village.
Until now, Cambodia government
perspective is that to improve the agriculture sector, so Cambodia government
needs to implement land policy more efficiently and effectiveness by granting
the land concession to private company by establishment two laws such as new
land law in 2001 and sub-degree on economic land concession to instead of old
land law 1997.
Economic Land Concessions continue to be
established illegally – in fact, not a single one has been completed in
accordance with the relevant laws – and perversely have been used to steal land
from the poor rather than provide it to them. The Cambodian military continues
to be involved in evictions, in contravention of the law, as well as heavily
implicated in land grabbing for their own benefit. The Cambodian courts
continue to act on behalf of rich and powerful interests, ignoring the
evidence, the Land Law and other relevant legislation, enforcing eviction where
ownership remains undecided and imprisoning those who dare to protest. And to
underline the fact that these evictions are really about grabbing valuable land
rather than actual development.
Even though, the Cambodia
government sees the bad impact of economic land concession, the government
still continues to issue this kind of land to the private company without
rational thinking or taking any actions to exchange the equal price to the
citizens’ property. People suffer from this kind of issue day by day and live
hopeless in their lives. They did not know what to do to survive daily.
Economic Land Concession
Causes Poverty in Cambodia
Today
I.
The Causes of
Removing people resident.
To understand about the causes of removing people
residence in which we need to look on the key causes of economic land
concession in the sense of development intensive. The government needs to
develop the country by doing the privatization to the private company in the
area around Boeng Kok Lake and some where else around Phnom Penh city in which
the private company recognizes that it is the best place to invest for gaining
money.
To more understand about land
conflict and economic land concession we also should know about Cambodia
government land policy or land reforming. Land policy will focus on land
distribution, land management and land administration. The core program of the
land reform consists of the development of a national land policy, improved
management of the national land stock, commencement of systematic land
registration, tax reform, the establishment of a legal framework to enforce
property rights, the provincial, municipal and national master plans and zoning
and the development of rural housing. In long term, the Royal Government of
Cambodia will resolve the problem through the adoption and enforcement of a new
law and the implementation of the national systematic land registration that
will secure land tenure, provide a basis for reduction in land ownership
conflicts and facilitate land management, natural resource monitoring and state
property protection.
Moreover, Boeng Koke will be
dramatically changed from useless land into useful land by concession to
private company to a different developer in which 90 hectares in size as
economic land concession and 80 hectares will be filled in. They leave only 10
hectares for lake scale. When the economic land concession started to issue by
the government, the citizen’s residences have to be removed or force to remove
by arm force.
The Cambodia government goal
is to develop the country by invest economic land concession to the private company
is the best way and other reason relating to agriculture and industrial
activities, Cambodia government expect that most Cambodia people lives base on
the farms and market exchange, so that Cambodia agriculture and industrial
sector more and more prosperous to serve the Cambodian living. Mean that
economic land concession or social land concession that government granted to
private companies, can boom the both agricultural and industrial sectors.
On the other hand, Cambodia
government wishes the privatization sectors help it to develop the country.
When the private companies fill in the Boeng Kok Lake already, they will build
big and high buildings and roads in which the people who wish to use the road;
have to pay taxes directly instead of government use the state money.
Wednesday, July 26, 2006 By
Erik Wasson and Kay Kimsong THE CAMBODIA DAILY said:
“An
estimated 4,000 residents will be displaced from their homes near Phnom Penh's
Boeng Kak Lake as part of a massive redevelopment of the area, which will
require the filling in of all but 10 hectares of the currently 90-hectare
lake.”
“In 2005, Russei Keo
district bureau chief of land management Hen Bakkong said that 200 hectares of
the lake had been bought by RCAF Commander-in-Chief Ke Kim Yan. Ke Kim Yan
denied the charge at the time. Boeng Kak, meanwhile, will be dramatically
altered by the concession to a different developer. Currently it is 90 hectares
in size, but 80 hectares will be filled in, leaving only a 10-hectare lake, Pa
Socheatvong said.
In total, the approved plan covers 133
hectares of land and will leave the current lakeside backpacker district, and
other lakeside homes, far from the shore. "Now the lake is filthy, it will
become clean for recreation," the deputy governor said. The filling-in of
Boeng Kak will not cause flooding in Phnom Penh, he said. "This is not the
place where water collects.
It is actually very
shallow," he added. According to a signed map of the project on display in
Pa Socheatvong's office, the entire western, northern and eastern shores of the
future Boeng Kak Lake will be given over to parkland ringed by "high class
resident" housing. The governor would not reveal the exact name of the
area's developer or give contact information for it but claimed it was a
Cambodian firm. "There are 4,000 people living there. Some live on state
land so it is easy to solve. Others live on private land so it is more
difficult," he said of Boeng Kak's residents. To offer locals an example
of one possible solution, City Hall officials took residents living near Boeng
Kak lake on Tuesday to tour social housing being set up by the Phanimex company
in the former Borei Keila sports complex.
A total of 1,776 families at Borei Keila will
move into new apartments on the site of their former homes beginning in
October. "We just show them one of many style solutions for squatter
communities," Deputy Municipal Governor Mann Chhoeun said. Chhay Thirith,
chief of Boeng Kak's Srash Chak commune, said he liked the idea of having
on-site housing as part of the redevelopment, rather than being relocated to
the outskirts of the city. "We are poor people, we don't want to move from
our place like Sambok Chap," said resident Pheng Pirany, referring to the
forced eviction of 1,200 residents and thousands more renters from Tonle Bassac
commune in May and June to Dangkao district.
Not all Boeng Kak residents
are happy with the proposal, however. "We want compensation for our homes,
between $15,000 and $30, 000," said Yin Soeung Khem, 47, a motorbike taxi
driver. "We do not want to live all together in one building like at a
hospital."
When the
citizens are removed to live in the another area, there are no market, school,
electricity and water supply, and poor infrastructure, and far health care
center in which it is so difficult for them to survive in the new place. The
government needs to develop the country in the purpose of helping people to
live in the standard status but when the government do like this, it seems the
force people to die as soon as possible in the status of poverty.
I-1. No Market
After removing their residence, people have to live
in another new area in which has no market for them to exchange their products.
As we know when there is no market, there is no product and when there is no
product, there is no money, so how do they live without money? People can sell
their products at the market and people go to buy things at the market for
consumption in daily life. Those people, who live around Boeng Kok land, are
not farmer who cultivate rice for living, but they are vendors. They live by
selling products for exchange of living.
The government does not build
market at the new area which the removing people will go to live there and does
not think of their previous careers. It absolutely forces people die before
death. When they produce goods for supporting family’s status, they do not know
where to sell their products. Being
vendors always say that they can not live without market and market is a place
for surviving them on this earth.
I-2.
No School
To develop the country we need
human resource, but when there is no school for young people to expand
knowledge how we develop the country. Human being is a component of society in
which it is important should be educated to be good and moral. When the society is full with uneducated
people, it could be disorder because they have no skills to earn money for
living.
School is a place for getting
skills and life-skills which help people to be useful in society and it plays
key role in the function of educating the young. More than this, education is
serious target of the government strategy for reducing country poverty by
educating people to have skills. When the government set up the policy of
reduction poverty by give the opportunity to both boys and girls to go to
schools and then adopted the another policy is economic land concession in
which government grant some piece of land around 1000 hectare or 90 hectare to
the private company to develop the country. By economic land concession oppose
the reduction policy in which government and private company force people to
remove their residences to live in the new area without any school.
Most children who had attended
schools at their old village, they have to quit school while they live in the
new area. Actually, they sometimes are being forced to work for support family
because families have no home just cottage when the rain pours. The children
have no choices and they are forced to be an ignorant and illiterate people in
the village. When ignorance and illiteracy happen, they can not emerge from
poverty. They will do or act according to their greed and desire without
knowing it is good or bad.
I-3.
No Electricity and Water Supply
The other important things
for the people who live around Boeng Kok Lake or other area in which impact
from the economic land concession or social land concession is that they will
lose this two things electricity and running water or clean water
automatically. They live with effect of
bad environment and in that time they will be ill and go to see the doctor
while they have no income by selling goods at no market.
Without the electricity and
running water, we are considered living in the poverty. When they want to use
products or they want to produce goods by using electricity in order to earn
income, they have no opportunity, so they struggle to live according to their
destiny and they also have no choice in living.
Government and private
company have a lot of contract about spreading electricity to the rural area
and spread until the remote area, when the people who are forced to remove the
homes to live in the new area without power using. Why does the government
think about this or government grab their land for privatization by using the
word state public land only?
I-4.
Poor Infrastructure
To reduce poverty, government
tries to build new infrastructure around the whole country and it is the way in
which the government want to access all kinds of products to that area or when
the people in that area produce goods such as vegetables, rice or crop that
they are easy to transport those things to the market. While they have no
market and poor infrastructure, they live with nothing to make a living. We can
say that infrastructure is the people’s blood string in which people can live
depend on blood, but when the blood string is poor and the blood can not run
properly, the people will dire automatically.
After they are removed their
residence and compensated with some money, it is not fair for them because
their whole houses are built by cement when the houses are removed, the houses
will be damaged. Most people always say this time is like Khmer Rouge regime and
the government evacuate people from proper area the difficult one which make
people not sanctified to live in which after Khmer Rouge controlled Phnom Penh
City, people were evacuated to the remote area and lived with nothing there.
I-5.
Far Health Care Center
The government did not
prepare land and build market, school or good infrastructure for people who
will be removed to in the area that the government chooses for them. Even the
health care center which the government used to say that the remote area should
have a health care center, but now nothing for the people who are removed their
house by the government and to live in the area which is not health care
center. What they said is nothing; they acted for only good looking. The government
only expects the benefit from the economic land concession without thinking of
its own people suffer.
II.
The Effect of Removing People Resident
The effect of removing people
residence, nowadays, happens everywhere both in rural and urban area because
the government land reforming and land concession policy in order to urbanize
and privatize to the private company to develop the country. The government
just sees the modernization of the country, but they do not think of the impact
on people when they have no dwellings.
The land
concession that the Cambodia government provides to alien companies not proper
the standard of living of people, it just serves the private profit and a group
of people who work for it. Whereas people who live on that land, they get the
impact of forcing dwellings. Everyday the representative of the village go the
some organizations calling for help in this matter which government treat them
badly in grant the people’s land the only one or two private company in order
to serve only just a group of people benefits. What are the actors affecting by
removing people residence? We will discuss directly to the specific actors such
as individual, family, society and the whole country.
II-1. Individual
From one to
another time of grabbing citizens’ land or providing state public land to the
private company, the first impact is about the individual owner of the land. It
mean that the land owner always face with the local authority power and
government arms force when they protect their land for the police. Sometimes
the people are fought with the police pole and more than this they are arrested
and take to jail.
The government
has no policy about removing people residences. They just only have the land policy
and land reforming by the way that they use the police to force people to
remove their house. Most people, who live on the land concession, are always in
charge of living on the state public land illegally. The citizens have the
conflict with the police when the police go to remove their house and then they
meet other problems such no market, school, health care center, especially with
the bad environment and so on.
Because of
wanting to keep their land, everyone try hard to face with the government until
the police arrest them, fight them, and force them to leave with compensation.
To answer with the citizens’ need, the government sometimes creates the soft
attitude with the people. Therefore, the citizens force themselves to take the
compensation in order to comfort the government’s mind. If they do not take it,
the government grabs their land by force with nothing.
When the
people go to live at the compensating area in which the government offers them,
they lose everything because they have no choice. Their children have no school
to study and the vendors have no place to sell their products. It impacts
mostly on children because they do not go to school and have no knowledge to
survive themselves in the near future.
II-2. Family
After we
know the impact on the individual, we also know that the family will be
impacted because individual refers to the member of a family. When the citizens
lived at a place in which the government accuse it the state public land, they
had house, school for children, market for selling, and of course, all their
properties and all their belongings. If their houses were built of cement, it
leaves nothing. The houses will be destroyed and the family members will meet
difficult circumstances in sleeping, cooking and so on. I can not go to
work or do any thing for family’s income because the conflict happens and they
worry much about losing the piece of land and houses, so family’s
income crisis emerge among the citizens living.
Because family
income is not enough for guarantee the family’s living, some members of the
some families go away to earn money to support the family at other provinces or
towns. Then the family also loses the happiness and the solidarity of the
family also runs away. When the family remove to another location, it is very
difficult for the family’s members because they are difficult to transport
their property. The citizens have the psychological ill (mental ill) in their
lives. Cambodia economic land concession impact on the human right which the
citizens have right to locate the residence in right place in the country.
We can not
consider that this kind of this development will guarantee the family’s love or
values. What they used to have, now they lose everything even the small income
that they earn everyday. They have to start to build their house again and
sometimes they do not have enough to build even a small cottage for temporary
shelter.
II-3. Society
From day to
another, people live in suffering in Cambodia society because of poverty in
which government goal is to develop the country by do the privatization as
economic land concession to private company. After the individual and family
have the strong impact from the economic land concession, the whole Cambodia
society also impacts from this government policy. People who impact from the
area of economic land concession never live happily because they worry of
losing their land and they go to ask for help from national and international
organizations. When they are busy with land conflict with local authority,
their work will postpone for a while.
Moreover, after they move to the new area which the
governments provide them, their children can not attend school. They will be
ignorant and illiteracy and in the future they will not become the Cambodia
human resource to help Cambodia government to develop the country and sometimes
they become thieves, robbers, gangsters, beggars that make the society
disorder. They also become useless people.
II.
Solution
Ensure
that all new economic land concession, including those that do not exceed1,000
hectares, comply fully with provision of the Land Law and Sub-Degree on
Economic Land Concession. In particular, ensure that public consultations and
genuine environmental and social impact assessments are conducted prior to
granting concessions, with the effective participation of local populations.
Review all
existing economic land concession for compliance with the Land Law, Sub-Degree
on Economic Land Concessions and concession contracts, and ensure they do not
encroach upon land possessed and used by communities, including forests areas.
Cancel
economic land concession that do not comply with the provisions of the Land Law
and Sub-Degree on Economic Land Concession, and reduce concessions that exceed
1,000 hectares. The law framework enforcement and the law promulgated signed by
the king and enforced by Cambodia authorities should be fitted to what the laws
said, if not to do so the law implementation relating land law and sub-degree
cited the land concession not exceed more than 10,000 hectares to the private
company can not effect to all circumstances at all.
The
Cambodia government’s policies and practices on land management should
contribute positively to the development of the country; they are swelling the
ranks of the landless, unemployed and the poverty-stricken. The Cambodia
authorities seem chronically able or willing to respect their own laws,
sub-degrees and regulations, and instead are facilitating an orgy of land
grabbing by powerful individuals and companies. The associated human right
abuses are the most widespread seen in the modern Cambodia, ranging from forced
evictions and property destruction to assault, illegal arrest and detention,
and even murder shall protect from the government through land agents or local
authorities in order to ensure the rights of people more effectiveness.
As we know
numerous communities currently live in constant fear of eviction, of losing
their home and livelihoods and sinking into the lowest levels of poverty should
be intervene from the government or local agents as soon as possible they need
help government relating to land issues, do not lift them more concerns or
fears from the government that lease the land to private. If government still
keeps silent means that the government has less capable in implementing its
duty in terms of protecting the citizens’ interest.
Moreover,
government need to show the responsibility to people whenever they face
problems in terms of land encroachment, or grabbing etc, they will ever be
unable to live unless the government protect them and ensure their right. The
solution should be taken measure from the government immediately without
waiting long procedure because land that state plans to grant is the state’s
project or private company’s project that had passed by the state’s decision
before the notice to private company.
The
government behaves the poor communities are incapable of involvement in
development, that is why government has represented before those citizens when
the government is necessary to lease the land to private, guaranteeing that
without confiscate, if they do not , should be fair compensate as free market
process. Cambodia communities are fully able to effectively manage their own
land, and even enter into innovative partnership with big business to bring
income and development.
If the
government is truly concerned for alleviation of poverty then it needs to take
immediate action and working in partnership with its citizens and with the
support from the international communities. It is the time for Cambodia
government to face up with the reality of development in Cambodia rather than
keep silent and the government have to start measure the problems while the
people conduct the demonstration.
After we
look for the Cambodia government for help these problems, we are also looking
for national and international organizations for helping our dangerous and
impact people with the economic land concession law and sub-degree on economic
land concession. However, the community members and non-governmental
organizations raising concerns about the impacts of economic land concession in
which have faced restrictions on their freedom of movement and assembly and
also have pressure from companies and local authorities.
The
majority voice of national and international organizations can be effective
procedure to counter to private or negotiate with government fast and
confidentially, especially, when people want to discuss land issues or their
own losing land with local authorities, it can balance between villagers and
authorities.
Most people
in Cambodia, now they would like to go the NGOs more than go to local
authorities, calling for help. They think NGOs take action faster and
effectively than local authorities. To solve this economic land concession
issue is required the national and international organizations to participate
because those natural persons also have more skill and high knowledge to
distinguish the problems with diverse option to reach the solution.
As a
result, NGOs are the key actors after the government to involve with economic
land concessions in Cambodia more efficiency and effectiveness as a whole and
that is why NGOs assist the granting of economic land concessions affected poor
people as Cambodia is a developing country.
After we can see the useful positions of both organizations,
both institutions should work together in the purpose of helping Cambodia
citizens in the economic land concession issues in which it is the Cambodia
government policy in doing the privatizations of the state public lands into
the private companies in the purpose of developing the country.
III. Conclusion
For a last
few years, Cambodia has enjoyed the rapid economic growth and a reduction in
overall levels of poverty, but the benefits of this growth have not been shared
equitably among Cambodia citizens. Disparities in income and access to
opportunities have increased, particularly both in urban and rural areas. As we
know all above factors are the causes of poverty in Cambodia. If the Cambodia government
still continues to grant state public land concession to the private company as
the behavior in the realm of economic land concession have had disastrous
effects on the poor, it may lead to the part of make Cambodia a failed nation
with widespread civil disorder.
Even
though, Cambodia government know the state budget income is from the part of
economic land concession, it still causes to another sector that government
wishes to reduce is poverty policy reduction. When the citizens are removed to
another area in which causes them to live no home, electricity, market,
especially, they have no income for survival that they used to get.
Land and
natural resources in Cambodia must be managed for the benefit of all
Cambodians, in accordance with the law and Cambodia government commitments
under international human right treaties and special protection is required
both rural and urban area for the land and traditional ways of life of
indigenous communities.
Because of
land concession that Cambodia still has conflict between citizens and
authorities or citizens and private companies, in which Cambodians are
evacuated from one place to another by force or compensation. While the
Cambodia land has rapid price in the market, Cambodia government issues the
land policy to the private companies to occupy the state public land.
Development
is a people centered process that encompasses economic, social and cultural
well-being. It must benefit the population as a whole, and people must be
involved in decision-making about their lands and livelihoods. The
participation of affected communities would assist in sharing the benefits of
Cambodia’s land and natural resources, and reducing the negative impact of
economic land concession on Cambodia society.
All in all,
economic land concession mostly impact poor Cambodians in which they are
removed to live in the place without market, school, infrastructure and
electricity and clean water, so in order to rid up with these problems Cambodia
government has to build those things for those people to guarantee their living
in the near future. Moreover, they should be protected from the right to life,
shelter and getting all sharing natural resources from the government. The
government should not think only the benefits of a group or individuals. The
Cambodia should implement the land and share the benefits to all Cambodian.
The
following recommendation are proposed to address the negative impact of the
economic land concession, respect and uphold the rights of Cambodia citizens,
and promote the equitable and stainable use of Cambodia land and natural
resources both urban and rural areas. We know it is right for the government
urbanizes the city’s size, but the government also has to implement of legal
framework include:
Ø Ensure that
all new economic land concession, including those that do not exceed 1,000
hectares, comply fully with the provision of the Land Law and Sub-degree on
Economic Land Concession. In particular, ensure that public consultations and
genuine environment and social impact assessments are conducted prior to
granting concessions, and with the effective participation of local population.
Ø Review all
existing economic land concession for compliance with the land law, sub-degree
on economic land concession and concession contracts, and ensure they do not
encroach upon land possessed and used by communities including forest areas and
lakes.
Ø Cancel
economic land concession that do not comply with the provision of the land law
and sub-degree on economic land concession, and reduce concession that exceeds
10,000 hectares.
Ø Assist
indigenous communities do demarcate their traditional lands for registration,
and provide preliminary recognition of this land pending the registration of
indigenous communities as legal entities and of collective title.
Ø Publish
information on all economic land concessions granted and proposals under
consideration, including concessions not exceeding 1,000 hectares. Information
should include location, size, use and status of concession, and compliances
with the requirements of the Sub-degree on Economic Land Concessions. This
information should be made available at all local levels.
Ø The government
has to develop that area first before removing citizens to live and ensure that
the citizens will get a lot of benefits from that development.
Ø Assist
families in rural communities to
register their interests as the land in the Land Law and the people who live on
the state public land should be shared or given the another official land.
IV. References
1.
HARMFUL EFFECTS OF ECONOMIC LAND CONCESSION ON POOR
CAMBODIA, A LICADHO Briefing Paper, November 2005.
2.
LAND GRABBING AND POVERTY IN CAMBODIA: THE MYTH OF
DEVELOPMENT, A LICADHO Report, May 2009.
3.
Dey Krahorm Community Land Case Explained, LICADHO/
LICADHO Canada, January 2008.
4.
Land Law of Cambodia 2001.
5.
Sub-degree on Economic Land Concession of Cambodia
2005
6.
Land Reform in Cambodia, Sovann SAR, Cambodia, H.E.
Sar Sovann Director General / Project Director, LASSP General of the General
Department of Cadastre and Geography (GDCG) Ministry of Land Management, Urban
Planning and Construction (MLMUPC), Phnom Penh, CAMBODIA Tel. +855 12 255123
Email: lmap@camnet.com.kh,
7. Declaration of the Royal Government
on Land Policy, Royal Government N°. 27, July 1, 2009,
8. 2004
International Monetary Fund, Cambodia: Poverty Reduction Strategy Paper
Progress Report, October 2004 IMF Country Report No. 04/333,
9. INDIGENOUS
PEOPLES IN CAMBODIA, NGO Forum on Cambodia, April 2006
10. OHCHR, Economic land
concessions in Cambodia A human rights perspective, June 2007;
11. OHCHR, A
human rights perspective on Economic and other land Concession in Cambodia,
February, 2007
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