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CAMBODIA CASE STUDY OF LAND POLICY REFORM

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                       DRAFT FOR DISCUSSION ONLY
                     NOT FOR CITATION OR CIRCULATION



        CAMBODIA: CASE STUDY OF LAND POLICY REFORM
           For South and East Asia Regional Workshop
                        4 – 6 June 2002
                          Phnom Penh
                     Kingdom of Cambodia


                                                  Sar Sovann*

                                                    May , 2002




    *Project Director, Land Management and Administration Project, Ministry of Land
    Management, Urban Planning and Construction, Phnom Penh, Cambodia.
    E-mail <012897429@mobitel.com.kh>



Cambodia: Status of Land Policy Reform
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                                                                Table of Contents
1          IDENTIFICATION AND CHARACTERIZATION OF PRIORITY AND CRITICAL
LAND ISSUES IN CAMBODIA:................................................................................................................ 7
    1.1             HISTORICAL CONTEXT OF LAND TENURE IN THE COUNTRY ..................................................... 7
      1.1.1        Overview And History of Land Tenure in Cambodia. ........................................................... 7
      1.1.2        Historical Changes in Cambodia’s Land Tenure System ....................................................... 8
      1.1.3        Types of ownership and land rights .......................................................................................10
      1.1.4        Ways of acquiring rights........................................................................................................11
      1.1.5        The Land Registration System in Cambodia..........................................................................12
      1.1.6        Progress in Land Registration...............................................................................................13
    1.2             IMPACT OF PAST POLICIES AND PROGRAMS: ..........................................................................14
      1.2.1        Issues in Land Policy, Land Administration, Land Management and Land Distribution......14
      1.2.2        Current land use in agriculture and other sectors.................................................................15
      1.2.3        Disputes over land .................................................................................................................15
    1.3             KEY ISSUES FOR THE FUTURE: ...............................................................................................16
      1.3.1        Identification and characterization of priority land issues....................................................16
      1.3.2        The importance of access to land and natural resources for the poor and for specific
                    vulnerable groups.................................................................................................................18
    1.4             KEY PROGRAMS AFFECTING LAND POLICY AND USE:.............................................................20
      1.4.1        Main government policies affecting land directly or indirectly will be identified from various
                    sources..................................................................................................................................20
      1.4.2        A Vision for Land Policy........................................................................................................20
      1.4.3        The internal consistency of the strategy.................................................................................21
2           INCORPORATION INTO THE PRSP AND OTHER ASPECTS OF THE
    NATIONAL DEVELOPMENT STRATEGY,......................................................................................22
    2.1             OVERALL LAND POLICY: .......................................................................................................22
      2.1.1        National Strategies for Sustainable Development, decentralization programs and other
                    plans .....................................................................................................................................22
      2.1.2        The relation between Poverty Reduction Strategy and Land Issues ......................................24
    2.2             LINK TO OTHER GOVERNMENT POLICIES................................................................................25
      2.2.1        The degree of coordination between proposed actions .........................................................25
      2.2.2        Specific complementary measures required to enable land policy to have positive impacts
                    for the poor...........................................................................................................................26
      2.2.3        The responsibilities of land sector agencies ..........................................................................28
    2.3             SUPPORT BY DONORS: ...........................................................................................................29
      2.3.1        The degree of coordination between and support from the donor community ......................29
      2.3.2        The roles of government, civil society and donors................................................................30
3 IDENTIFY SPECIFIC STEPS THAT COULD BE TAKEN TO IMPROVE THIS PROCESS:....32
    3.1             KEY AREAS FOR ACTION:.......................................................................................................32
      3.1.1        The main priority areas for future action ..............................................................................32
      3.1.2        Feasible timeframe for sequencing issues .............................................................................32
    3.2             IMPLEMENTATION ISSUES ......................................................................................................33
      3.2.1        Implementation of Land Policy and land related program under PRSP ...............................33
      3.2.2        The role of donors, civil society groups, local government and their coordination ..............34
    3.3             AREAS FOR RESEARCH ..........................................................................................................35
      3.3.1        Capacity of research on land policy issues in Cambodia ......................................................35
      3.3.2        Capacity improvement ...........................................................................................................35
4                   REFERENCES:..................................................................................................................36




Cambodia: Status of Land Policy Reform
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ABBREVIATION/ACRONYM:


ADB:              Asian Development Bank
AFD:              Agent Development France
APIP:             Agriculture Productivity Improvement Project
CCC:              Cambodia Cooperation Committee
CCP:              Cambodia Cadastral Project
CDRI:             Cambodia Development Research Institute
CG:               Consultative Group
CLP:              Council of Land Policy
CMAC:             Cambodia Mine Action Centre
CARERE:           Cambodia Rehabilitation and Regeneration
EWMI:             East-West Management Institute
GIS/LIS:          Geographical Information System/Land Information System
GPS:              Global Positioning System
GTZ:              German Agency for Technical Cooperation
IDA:              International Development Association
IFAD:             The International Fund for Agricultural Development
LMP:              Land Management Project
MoAFF:            Ministry of Forestry and Fishery
MoEF:             Ministry of Economy and Finance
MLMUPC:           Ministry of Land Management, Urban Planning and Construction
MoP:              Ministry of Planning
NGO:              Non-Governmental Organization
PRDC:             Provincial Rural Development Committee
RGC:              Royal Government of Cambodia
SEDP:             Five Years Socio-Economic Development Plan
TA:               Technical Assistance
UNDP:             United Nations Development Programme
WB:               World Bank




Cambodia: Status of Land Policy Reform
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Executive Summary

The Kingdom of Cambodia lies in the south of Indochina between 100 - 150 north latitude
and between 1020 - 1080 east longitude. It covers an area of 181,035 sq.kms. The 1998
Population Census indicates a population of 11.43 million with a growth rate of 2.49%
per annum. Nearly 84% live in the rural areas and engaged in agriculture, an important
sector of the economy that contributes 40% to the Gross Domestic Product.

Although statistics on land are not yet highly accurate, available information indicates
that of the country’s 18.10 million ha of land mass, 2.71 million ha was cultivated and 1
million hectare were taken up by towns, infrastructure and waterways. The protected
areas were 3.27 million hectares, and forestry, fishing concessions and fishing lots for
common use were taking up 4.21 million ha, 0.417 million ha and 0.531 ha respectively.
Agricultural concessions covered about 0.83 million hectares and land mine
contaminated areas covered 0.10 million ha. Protected forest covered about 1.5 million
ha. Other forest’s land covered about 1.75 million ha and about 1.73 million ha seems to
be scrub land.

The Socio-Economic Survey of 1999 estimates the total number of agricultural land
parcels to be about 2.88 million. The total number of residential plots is given as
2,029,160. Homelessness is estimated at about 3% of households and the agricultural
landlessness is around 12 to 15 %. Cambodia is one of the poorest countries in Asia. The
Poverty Profiles of Cambodia, based on 1999 data, found that the poverty rate was
35,9%.

The causes of poverty are summarized by the Interim Poverty Reduction Strategy Paper
as : lack of opportunities, vulnerability, low capacities, and social exclusion. To response
this poverty, the RGC has formulated a poverty reduction strategy which focuses on
creating security, strengthening capabilities and promoting opportunities, and creating
empowerment, that will affect the poor in Cambodia either directly or indirectly.

Land issues impact poverty in several ways. Agriculture in Cambodia suffers from
extremely low productivity. The lack of tenure security, prevalence of land disputes and
confusion about land rights in areas of agricultural concessions inhibits the types of
productivity-enhancing investments which are needed to improve agriculture. In
Cambodia’s predominantly agricultural society, access to land for subsistence agriculture
is critical for poor households, as is access to common property resources. Although
common property in Cambodia is not clearly defined in the past and the recent regulation,
it has been observed that land have been diverted to private control at an alarming rate.
As a result of privatization, common property is becoming less accessible to other people,
and hence, benefits to the majority have been reduced. Some steps are being taken. In the
context of poverty reduction, some forest concessions and fishery lots have been
cancelled by RGC around 30% a total forest concession areas and around 53 % of the
total fishing lots, respectively in the last 3 years in order to allow to the poor to greater
access to common property.




Cambodia: Status of Land Policy Reform
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Land issues are integrated into Cambodia’s major development and poverty reduction
plans. The key documents which describe these plans are the “ Second Five Year Socio-
Economic Development Plan, 2001-2005 (SEDP),” the Governance Action Plan and the
Interim Poverty Reduction Strategy Paper( IPRSP). National land policy is included as a
component of the strategy to promote sustainable management of the national land stock.
As described in the SEDP this involves strengthening the legal framework for the
commencement of systematic land titling and enforcement of property rights, including
the establishment of land use classifications to help the poor gain access to land. It also
includes legal frameworks for natural resource management.

To address these issues inter-sectorally, the Council for Land Policy (CLP) was
established in December 2000 with a mandate to develop a comprehensive land policy
framework and to implement land legislations. In May 2001, the RGC approved the
Statement of the Royal Government on Land Policy,. which provides a concise but far-
reaching strategy and main priorities relating to land management, land administration
and land distribution. Under the leadership of the RGC, MLMUPC and the CLP are
endeavoring to design and carry out a program of action to address the land issues
identified. In its broadest outline this program consists of a policy consultation and
development process, a legislative program, and a series of ongoing and planned projects.
The pace of activity in developing this program greatly accelerated during 2000-2002.
The program is a valuable example of how government, civil society and international
agencies can work together to address priority issues.

Currently in land sector, several donors are supporting different government agencies in
various projects. The MLMUPC has some full scale projects such as LMAP, ADB
TA3577, CCP and LMP, and linked projects relating to land issues such as ADB Loan
No 1445-CAM (SF), NRE (DANIDA), Seila Program, GRET (Prey Nup), PRASAC
(Takeo), ADB& GTZ Decentralized Project, and ADB &IFA Stung Chinit Project as
well as individual consultancies supported for land use planning and housing policy. All
these donors have worked very closely with each other, towards the same direction.

The priority areas for future action are land administration, land management and land
distribution areas, which will be dealt with through the main projects/programs
mentioned above, especially LMAP. The new 2001 Land Law provides a new foundation
for strengthening these areas. It provides private ownership rights to both residential land
and agricultural land based on possession. It enables creation of a single land registry and
provides the legal basis for clarifying management of State land. Implementing the new
Land Law these programs/projects will address policy and legal, technical and human
resource aspects with the cooperation with stakeholders.

A timeframe for this work has been established. The projects on Land registration are
underway with support from Germany and Finland. The projects on land use planning are
underway with support of DANIDA and GTZ. An ADB-supported Technical Assistance
project is now underway in the MLMUPC to help prepare the key implementing sub-
decrees of the land law. The LMAP will provide resources for the extension of systematic
registration on substantial basis in eleven provinces and Phnom Penh beginning in June



Cambodia: Status of Land Policy Reform
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2002 and operating for five years in its first phase. The overall goals of the LMAP project
are to reduce poverty, promote social stability, and stimulate economic development. The
project is the first phase of the government’s Land Administration, Management, and
Distribution 15-year Program (LAMDP), which have the objectives as following: (a)
strengthen land tenure security and land markets, and prevent or resolve land disputes; (b)
manage land and natural resources in an equitable, sustainable and efficient manner; and
(c) promote land distribution with equity. In LMAP components specific policies also
included to focus on filling gaps in the land policy framework, including state land
management and a pilot land distribution scheme. In order to implement the Poverty
Reduction Strategy, landlessness issues will be addressed as a highest priority by
providing land to disadvantaged populations through social concessions as a tool of
land distribution.




Cambodia: Status of Land Policy Reform
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     1     Identification and characterization of priority and critical land
           issues in Cambodia:


     1.1    Historical context of land tenure in the country


   1.1.1 Overview And History of Land Tenure in Cambodia.1
The Kingdom of Cambodia lies south of Indochina between 100-150 north latitude and
between 1020-1080 east longitude. It covers an area of 181,035 sq.kms. The 1998
Population Census indicates 11.43 million with a growth rate of 2.49% per annum.
Nearly 84% live in the rural areas and engaged in agriculture, an important sector of the
economy that contributes 40% to the Gross Domestic Product.

Although statistics on land ownership and use are as not yet highly accurate in Cambodia,
available information indicates that the country’s 18.10 million ha of land mass
(including rivers and lakes) is used as depicted in Table 1.1.

TABLE1.1 Cambodia- Estimates of Land Tenure/Use, 2001
  Category                            Area(million hectares)                                        %Share
  Cultivated areas                    2.71                                                          14.97
  Towns                               1.00                                                          5.52
  Land mines contaminated areas       0.10                                                          0.55
  Scrub land, non-wooded land ect.    1.73                                                          9.56
  Other forests                       1.75                                                          9.56
  Protected forests                   1.5                                                           8.26
  Forest concessions                  4.21                                                          23.26
  Protected areas                     3.27                                                          18.07
  Agriculture concessions             0.83                                                          4.59
  Fishing concession lots2            1.00                                                          5.25
  Total                               18.10                                                         100.00
Source: Land Tenure in Cambodia-Data Update, Cambodia Development Resource Institute (CDRI); July 2001 and Ministry of
Agriculture March 2002.


Most land in the country is not yet registered and titled at the parcel level. In the domain
of private lands, there are a little over ½ million certificates of land possession issued to
formalize an estimated number of 4.5 million application receipts issued. At the more

1
    Source:
      a) Boreah, Sik. “Land Ownership, Sales and Concentration in Cambodia: A Preliminary Review of
           Secondary Data and Primary Data from Four Recent Surveys.” Working Paper 16. Cambodia
           Development Resource Institute.
      b) “ Land Tenure in Cambodia a Data Update”, Working Paper 19. Cambodia Development
           Resource Institute.
2
 Fishing Concession lots have remained 417.451 ha and around 56% (531.451 ha) of the total fishing lots
have been concealed.


Cambodia: Status of Land Policy Reform
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aggregate level, demarcations between land for different uses - for forests, agriculture,
urban areas, etc. are not always clear. Administrative boundaries of various districts,
communes, and other administrative bodies still need to be demarcated.

There are 2,093,152 households in the country, according to the estimate of the 1999
Socio-economic Survey.3The Socio-economic Survey of 1999 estimates the total number
of agricultural land parcels to be about 2.88 million. This means that for every household
in the country, there are 1.37 parcels of land. The average size of a parcel is small at 0.90
hectares. The average size of agricultural land holdings in the agrarian sector is about 1-
1.3 hectares per household, again depending upon the area and target group. The
statistically most representative sample, the Socio-economic Survey of 1999, shows this
to be 1.33 hectares, though for other reasons there could be bias in these data as well.
Agricultural lands are owned by both urban and rural dwellers. The agricultural
landlessness is estimated at 12-15 percent.

The total number of residential plots is given as 2,029,160, including ones that are
normally possessed and those that may have one or another form of dispute. The average
size of residential landholding is 888 square metres (about 919 square metres in rural
areas and 616 square metres in urban areas). Homelessness is estimated at about three
percent of households.

     1.1.2    Historical Changes in Cambodia’s Land Tenure System

Land has always been a fundamental asset for the agriculturally-based society of
Cambodia. Land rights and land management structures have changed significantly
during successive historical periods, and often have been a central focus of government
intervention. To understand the roots of current issues for land policy it is necessary to be
aware of these historical changes.

Pre-French Colonisation (Pre-1863): Land belonged, technically, to the sovereign. In
practical terms most people were able to freely till their own land and could cultivate as
much as they liked. With a small population and the absence of a land market, the
cultivating proprietor could move from on area to another and assume ownership.
Owners had exclusive right to possess, use and inherit agricultural land, without having
to fulfil any formalities except corveé or other feudal tribute.

French Colonial Period (1863-1953): After colonizing Cambodia in 1863, the French
changed the traditional land use system in Cambodia by first promulgating a Land Act in
1884, which was not fully implemented before 1912 due to the resistance of Cambodian
farmers. By 1930, most of the rice-growing fields were registered as private property and
people were also free to sell their land. More importantly, all free areas or unoccupied
land became available, leaving opportunities for those people who sold their land to move
to the forests. By 1930, most of the land was divided into plots of less than 5 hectares
and large plantations had been established.

3
    This contrasts with a figure of 2,188,663 total households recorded in the 1998 Population Census.


Cambodia: Status of Land Policy Reform
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Independent Period (1953-1975): After Cambodia gained independence from France in
1953, the Western system of property ownership continued, with an increase in land
transactions. The 1962 Census showed that out of 800,000 agricultural families, 84
percent were “owners only” (neither tenants or share croppers). Landlessness increased
as many deeply indebted land owners were forced to sell land to cover their debts.

Democratic Kampuchea (1975-1979): During the Democratic Kampuchea (Khmer
Rouge) period, the land tenure and cadastral records were destroyed and private property
was abolished. All land belonged to the State organization.

People’s Republic of Kampuchea (1979-1989): All land belonged officially to the State
and collectives (Krom Samiki) were established which occupied and used land for
agricultural and residential purposes.

Post 1989 (1989-present): By 1989 the inappropriateness of collectivization and the
centrally-planned economic system for Cambodian conditions was recognized. The
government began reforming the economy towards a free-market system. In addition to
implementing major economic reforms, the government reintroduced private property
rights in 1989. Instruction No. 3 on Policy on Land Management established that all land
rights established prior to 1979 were null and void, and that all land belonged to the State.
It established the right to occupy (kankap) and use (praeapras) land and to sell the land
provided by the State for domicile and exploitation. It established three categories of
land:

         Land for domicile: To be provided for ownership (kamaset) by the provincial
                           committee or municipality;
         Cultivation land: State land allocated to farmers to manage (krupkrong) and for
                           use (praeprass);
         Concession lands: Greater than 5 ha.

Of these three land categories, private ownership rights could be obtained only on land
for domicile; whereas on cultivation land and concession land respectively, only
possession and use rights and the right to exclusively occupy could be obtained.

On the basis of Instruction No. 3 and Sub-decree No. 25 land was redistributed to private
households. Land distribution was implemented by the local authorities with full
participation by local communities. Only residential/housing land and productive land
were redistributed to people to be owned and possessed. The remaining land was kept as
State land for future development.

The Land Law of 1992, maintained the situation of rights of possession for agricultural
and residential land, while the State continued to be the legal owner. The 1992 Land Law
also created ownership rights for residential properties. Two types of State land are
recognized in the 1992 Land Law: State public land and State private land. Only State
private land can be released for concessions or be alienated.




Cambodia: Status of Land Policy Reform
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The 1992 Land Law did not provide a solid platform for full tenure security or for
effective land management. Its contents did not fully reflect the 1993 Constitution, which
recognizes land ownership rights in a broader sense. Nor did it provide a basis for a
national program of systematic registration.

The new Land Law, passed in August, 2001, incorporates a number of significant
changes and enhancements and will provide a better foundation for land administration,
land management and distribution, especially once it is accompanied by other
complementary legislation. Its reforms include extending private ownership rights to
residential land and agricultural land and officially certifying ownership in a government
document known as a title certificate. It enables delegation of land administration from
the central to provincial/ municipal level and charges the land registries with
responsibility for cadastral mapping and titling of all State and private land in the
Kingdom. It enables the creation of a single land registry authority with the duty of
recording all land in the Kingdom.



   1.1.3 Types of ownership and land rights
Policies for land are closely related to the types of ownership and land rights which exist.
Different domains of ownership exist in Cambodia, based on Article 44 of the
Constitution of 1993 which recognizes the right to ownership and the recently approved
land law(2001). These domains are the public domain of the State, the private domain of
the State and the private domain. Within the private domain, ownership can take various
forms: individual ownership, communal ownership, undivided ownership, co-ownership
and joint ownership. There is also established a transitory period when some parcels
under possession can qualify to be converted into ownership. Many other rights to land
may exist including use and habitation rights, usufruct rights, easements, mortgages,
pledges and charges, as well as specific contractual rights agreed upon by interested
parties. These rights may be restricted with respect to the use of the property through
land rules based on the public interest.

State property is divided into the public domain of the State and the private domain of the
State. The public domain of the State consists of categories of land which have a specific
public interest either specific configuration or specific use. These are waterways, harbors
and other transportation infrastructure including roads and airports, parks and reserved
areas for biological resources, government buildings and social infrastructure,
archaeological and cultural sites, royal properties and forests. These properties are
inalienable (cannot be transferred ), but may be the subject of temporary licenses to
occupy or use in consideration of a fee. Areas of the public domain of the State which
cease to fill a use for the public interest may potentially be transferred to the private
domain of the State. Exact procedures about the steps in which land in the public domain
of the State may be determined to have ceased to fulfill a function of the public interest
have yet to be defined. This is particularly of concern in areas of degraded forest, some of
which are no longer suitable for forestry.




Cambodia: Status of Land Policy Reform
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The private domain of the State may be subject to lease or sale. In cases of 5 years
peaceful and uncontested possession prior to the promulgation of the 2001 land law,4
ownership rights may be acquired on the private domain of the State through a procedure
called extraordinary acquisitive possession5. In the case of a social concession, land in
the private domain of the State may be donated.

The public domain of the State is intended to permanently preserve State ownership of
land which serves a public interest. The private domain of the State is a type of reserve
of State land which is to be granted for private purposes with compensation provided to
the State for this privilege, except in cases of extraordinary acquisitive possession and
social concession. All other land is intended to exist in the domain of private ownership,
in which private owners are free to use and transfer the property, subject only to certain
rules about use. The principle in this policy is the recognition that there are both public
interests in land which are protected by the State for the benefit of all Cambodians both
now and in the future, and also private interests in land. Cambodia seeks to protect the
public interest by reserving certain land as the public domain of the State, and promote
the private interests of Cambodian citizens by making land in the private domain of State
land available to them, and legally recognizing their ownership of private property.

While the intent of policy and the general categories of ownership are clear, the detailed
procedures for identifying and differentiating areas under each domain of ownership in a
practical way are still being developed and tested. These issues are discussed in various
sections below, and may require further clarification.


   1.1.4 Ways of acquiring rights
The Royal Government’s policy on the recognition of ownership rights to land is also
clearly defined in the new Land Law. Ownership rights to land can arise 1) automatically
from a specific public purpose and thus belong to the State, or 2) through a grant or
transfer from the State to a specific party including grants of communal property, or
acquired through transfer of rights from a holder of private property and 3) through
peaceful, uncontested possession of land (eligible to be privately acquired) for a period of
no less than five years prior to the date of promulgation of the Land Law, or through
fulfillment of five years of possession for land already under legal possession for at least
one day prior to the promulgation of the Land Law. For properties in the public domain
of the State, ownership rights are automatically vested in the State. Public legal entities

4
  2001 land law
a) Article 30 paragraph 1
Any person who, for no less than five years prior to the promulgation of this law, enjoyed peaceful,
uncontested possession of immovable property that can lawfully be privately possessed, has the right to
request a definitive title of ownership.
b) Article 38 paragraph 1
In order to transform into ownership of immovable property, the possession shall be unambiguous, non-
violent, notorious to the public, continuous and in good faith.
5
  Chapter 4 – Reconstitution of ownership over immovable property ownership by extraordinary acquisitive
possession



Cambodia: Status of Land Policy Reform
                                                                                         12


are given the right to control the use and management of the immovable property. On
these properties only temporary rights will be granted to third parties and the properties
will never be transferred out of the ownership of the State unless they cease to fulfill the
public interest.

Policy principles about the rights and responsibilities of different State institutions and
levels of government to make decisions about the use, management or transfer of land,
particularly in the private domain of the State, are not entirely agreed upon The Ministry
of Land Management Urban Planning and Construction (MLMUPC) and the Council of
Land Policy (CLP) through the Land Administration and Management Project will
undertake a detailed study of these principles and present recommendations to the CLP
for policy formulation.


   1.1.5     The Land Registration System in Cambodia

Before discussing the land registration and the titling system in detail, a background point
about the land distribution of 1989 requires mention.

Land distribution in the late-1980s was partly a de facto recognition of lands that people
already controlled under the Krom Samiki system, though fresh lands were also
distributed. The country had just emerged from a decade and a half of experiencing
different forms of collective and cooperative agriculture, and the concept of private
property was not uniformly recognised or practised, by either the population or the
administration. Thus while lands were distributed and private ownership of plots
recognised, no clear demarcation of each plot was officially made. The authorities were
plainly not equipped for doing this demarcation, and farmers did not care either, because
all knew their neighbours and boundaries. Also, as most of them of not highly literate, or
previously exposed to legal issues, they preferred to control their lands through
traditional systems and had little interest in official papers.

Registration of immovable property is the responsibility of General Department of
Cadastre and Geography relocated in Ministry of Land Management, Urban Planning and
Construction (MLMUPC). After the promulgation of new Land Law, August, 30th 2001,
MLMUPC is the only institution that is responsible for land registration and land titling
as stipulated in article 3 of that law. Currently Cambodia uses two procedures for the
initial registration of property rights, the sporadic land registration system and the
systematic land registration system.




Cambodia: Status of Land Policy Reform
                                                                                                13


  1.1.6 Progress in Land Registration
Table 1.1.2. depicts the progress in the issuance of certificates6

Provinces/Municipalities A. Certificate of                B. Certificate of           Total A&B
                         Possession(1989-95)              Possession(1995-2000)
Kandal                   109,749                          9,675                       119,424
Kampot                   54,462                           1,668                       56,130
Takeo                    43,336                           2,770                       46,106
Svay Rieng               38,530                           1,808                       40,338
Prey Veng                36,884                           2,061                       38,945
Siem Reap                28,089                           5,041                       33,139
Kampong Chhnang          25,981                           3,291                       29,272
Kanpong Speu             22,469                           4,204                       26,673
Battambang               19,432                           6,683                       26,115
Kampong Cham             16,618                           6,505                       23,123
Sihanoukville            11.659                           5,779                       17,438
Banteay Meanchey         13,641                           3,745                       17,386
Pursat                   10,857                           4,140                       14,997
Koh Kong                 6,490                            2,756                       9,246
Kampong Thom             4,973                            2,152                       7,125
Phnom Penh               1,028                            4,621                       5,649
Kratie                   3,064                            1,261                       4,325
Rattanakiri              436                              1,056                       1,492
Kep                      570                              783                         1,353
Stung Treng              00                               128                         128
Preah Vihear             00                               104                         104
Oddar Meanchey           00                               95                          95
Pallin                   00                               31                          31
Mondolkiri               00                               00                          00
Total                    448,277                          70,357                      518,258

According to 2001 annual report of MLUPC so far the certificates have been issued
520,068 parcels.

It is evident that there is a large variation in the distribution of titles across provinces.
There is a disproportionately large number of titles issued in Kandal, Takeo, Kampot and
a few other more populated provinces in the southern part of the country, in addition to
Siem Reap, and in a surprising contrast, none in Mondolkiri. The table also shows that
there were many more certificates issued in the period 1989-95 compared to 1995-2000.
While no official reason is available for this, it is speculated that the easy cases were
quickly finished in the earlier period. Increasing conflicts after 1992-3, difficult terrain,
and lack of equipment and personnel have been among the inhibiting factors. Lastly, it
needs mention that the total number of certificates issued both by sporadic and systematic
processes - a little over a half million –is a small fraction of the 4.5 million applications
6
    Source: Working Paper No 20 of CDRI, Social Assessment of Land in Cambodia,2001



Cambodia: Status of Land Policy Reform
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made. In short, only about 12 percent of the requests for certificates have been processed
and granted. It should be noted that the reliability and quality of the issued certificates,
especially at the beginning stage, is limited because of lack of resources and technology.


    1.2     Impact of past policies and programs:

    1.2.1    Issues in Land Policy, Land Administration, Land Management and Land
             Distribution.

The historical legacy of political conflict and regime change which provoked drastic
upheavals in land policy has meant that contemporary Cambodian society is confronted
with a number of problematic issues regarding land as it continues to develop as a
democratic, market-based economy.

Land Policy:

    •     Uncoordinated land policy framework.

Land Administration:

    •     Most private landowners and possessors do not have titles and sporadic title
          issuance is slow.
    •     The land registration is not well developed and transparent.
    •     There are no cadastral index maps and systematic land registration has only been
          piloted.
    •     Relevant laws and procedures are not sufficient.
    •     The dissemination and education on land matters is limited and knowledge of the
          land sector amongst Cambodian people is very poor.
    •     Human resources, budget and equipment for land administration are inadequate.
    •     Administrative boundaries are not clear.
    •     Delineation and demarcation of State land is not clear
    •     The land valuation system is not accurate.
    •     Disputes are frequent and often remain unresolved.
    •     Land taxation system (unused land tax and transfer tax) is weak.

Land Management:

•   Land use planning and natural resource management are not integrated, and are not
    decentralized.
•   State land is not clearly identified and is not properly managed after the process of
    transition, which leads to accelerated land grabbing and destruction of forest.
•   Land use planning is hindered because many areas still suffer from land mines.
•   Public works, such as road and port expansion are hindered by lack of land
    management procedures.


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                                                                                        15


•   Urban development and new investment is difficult.
•   There is a lack of experience and expertise in land management and land law and a
    lack of technical assistance.

Land Distribution:

•   Some people cannot afford to buy or rent land.
•   Productive land is not always in the hands of the most productive.
•   Accumulation of land for speculative purposes is preventing land from being
    productively used in the present.


    1.2.2    Current land use in agriculture and other sectors

1.2.2.a) Land and Agriculture. Agriculture in Cambodia suffers from extremely low
productivity. Rice yields are some of the lowest in the region. Permanent and industrial
crops are also underdeveloped. Although the deficiencies in agriculture are primarily
related to technology and to water access and control, land policy plays a role. The lack
of tenure security, prevalence of land disputes and confusion about land rights in areas of
agricultural concessions inhibits the types of productivity-enhancing investments which
are required. Agricultural land is used as collateral for loans in informal channels, but
not through formal ones.

1.2.2.b).Land and Natural Resources. Cambodia is heavily reliant on natural resources
for the livelihoods of the population and for economic growth, especially through forestry
and fishing. Conflicts and confusion over management area boundaries and the rights of
groups settled within forest and fisheries are common and highly contentious issues.
Better inter-sectoral cooperation and greater reliance on community-management of
resources are proposed as solutions, but will require sustained effort to solve existing
problems.

1.2.2.c).Land and urban development. Urban development in Cambodia is accelerating,
particularly in Phnom Penh and the other regional centers. Much of this growth is
unplanned. Issues of land use planning to site industrial uses, avoid flooding and plan for
future growth have not been resolved. Similar issues exist around Cambodia’s tourist
centers. Finding affordable housing solutions for informal settlers continues to be
problematic, especially in Phnom Penh.

1.2.2.d) Land Taxation: Cambodia has two taxes on land: an unused land tax, and a
transfer tax.


    1.2.3 Disputes over land
It is recognized that land disputes are a major problem in Cambodia. A number of factors
have caused the high incidence of land disputes, including poverty, lack of land records,
public ignorance about the legal framework, widespread informal acquisitive possession


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of State property by all classes, issuance of commercial concessions with limited social
assessment and inventory of existing rights, economic and power imbalances in the land
market, and in some cases, corrupt practices.

Disputes over land titling, boundary demarcation, and the clarification of rights are most
often resolved locally through traditional forms of conciliation. They are also resolved
during the land registration process, through complaints brought before the Land Dispute
Resolution Commission (soon to be replaced by the new Cadastral Commission), and in
the final instance, through the courts.

Information on Cambodia’s land disputes is dispersed and difficult to summarize, but
reports from courts, NGOs and pilot registration projects combine to give a picture of a
serious problem.7 The Cambodia Development Research Institute (CDRI) gives the
following as the main issues leading to land disputes: boundaries, inheritance,
encroachment, land grabbing, distress sales, communal claims, concession claims,
neighbors, intra-family issues, repatriation and demobilization, and conflict between
private and public claims. CDRI’s research indicates that disputes are increasing in
frequency over time.

Of the 972 cases in the Supreme Court as of November, 2001 600 involved land or other
immovable property. Court authorities see particular difficulty in the following five
areas: 1) Mixed possession, for example people living together; 2) Confiscation and
allocation of land from one group to another by local authorities; 3) Irregularities in
documentation; 4) Land disputes during marital separation; 5) “Artificial owners” used to
avoid the old 5 ha. maximum landholding size.

The NGO Legal Aid of Cambodia, one of several organizations which provides legal
assistance in land disputes, during 2001 represented 9,067 families in 58 major cases
involving a total area of over 18,000 hectares, or about half a percent of the total
agricultural land in the country. A major case involves a dispute in which the opponent
of Legal Aid’s client is a governmental official, military officer or outside corporation.
Several large cases involving eviction of informal settlers in Phnom Penh have also
occurred.


    1.3     Key issues for the future:

    1.3.1    Identification and characterization of priority land issues

Council for Land Policy (CLP)
The Council for Land Policy was established in December 2000 under the Supreme
Council for State Reform with a mandate to develop a comprehensive land policy
framework and to implement land legislations. This Council is an inter-ministerial
mechanism consisting of senior representatives of seventeen ministries and institutions.

7
 Source: Presentations to the Council of Land Policy Workshop on Land Dispute Resolution under the
Land Law (2001). Phnom Penh, November 29, 2001.


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Its General Secretariat is in the Ministry of Land Management, Urban Planning and
Construction and the Minister is the Chairman of this Council.

Based on existing land issues, the Council for Land Policy has prioritized a set of these
major tasks to address them, divided into areas of land management, land administration
and land distribution.

1.3.1.a). Land administration.

Accordingly, the following priority tasks are being pursued by the RGC in the area of
land administration:

•   Implementation of the Land Law 2001, enactment and implementation of
    complementary laws, regulations and other related legislation;
•   Operation of the Council for Land Policy to promote and monitor the implementation
    of land policy in consistency with the direction of the Council of State Reform;
•   Creation of a State land inventory and State land classification system;
•   Implementation and operation of a nation-wide land registration system using both
    sporadic and systematic registration procedures, including all property, both public
    and private;
•   Resolution of land disputes through the Local Administrative Commission,
    Provincial/Municipal Land Dispute Settlement Commissions, which will be replaced
    by Cadastral Commission in the near future, and the court organs;

1.3.1.b) Land management

In the area of land management priority tasks include:
• Development of land use plans for priority areas including tourism and investment
    zones, key urban areas and major road corridors;
• Co-ordination of land use planning with natural resource management of forests,
    fisheries, coasts, waterways, and mineral deposits in a harmonized legal framework;
• Decentralization of land management and planning authority to local and provincial
    authorities, after the establishment of national land use guidelines and supervisory
    structures;
• Development of procedures for urban land management and re-settlement;

1.3.1.c) Land distribution.
In the area of land distribution priority issues include:
• Execution of a broadly consultative process and pilot projects to create a land
    distribution strategy for needy groups;
• Prevention of illegal land acquisition and land concentration.




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    1.3.2    The importance of access to land and natural resources for the poor and
             for specific vulnerable groups

Land issues play an important role in poverty alleviation. In Cambodia’s predominantly
agricultural society, access to land for subsistence agriculture is critical for poor
households, as is access to common property resources. Lack of access to land is a major
contributing factor to rural poverty and income-earning potential8.

It is observed that the typical rural livelihood strategy is a balance between access to
agricultural land and fisheries and forest resource (common property). This system has
evolved over centuries and by providing diversification of livelihood base, has allowed
optimal use of household labor resources, equitable distribution of natural resources and
most importantly a livelihood buffer to agricultural risk ( Degen et al. 2000). Utilization
of common property resources such as fisheries requires minimal capital investment and
is therefore more important to the livelihoods of those with less resources, especially the
poor. There is a need to define access rights and rationalize distribution of rights to these
resources in order to protect the livelihoods of the poor and vulnerable (Ahmed et al.
1998, Degen et al 2000, Kato 1999, Van acker 1999). Approximately 80-85% of
Cambodian live in rural areas, relying on agriculture (primarily rain fed rice) local
fisheries and collection of forest products for subsistence. Importantly, agriculture land is
primarily held as private property, whereas much of the fisheries and forest resources
consumed by rural people can be considered to be common property.9

The average rice yields in Cambodia are some of the lowest in the world, largely due to a
combination of poor soil fertility and reliance on rain fall (Ahmed et al 1998). On
average, the typical Cambodian single-crop, rain-fed, lowland farm produces sufficient
rice to feed the family for only 7-10 months/year (IRRI 1998).

Focus Group Discussion (FGDs) on understanding poverty in the first Cambodian
Participatory Poverty Assessment (PPAs) supported by WB in October-December 2000,
showed that :10 (i) the poor lack food security, (ii) life crises render the poor people
even poorer, (iii) there is a lack of access to natural resources, physical and social
infrastructure, and other basic services, (iv)the poor are disempowered, feel hopeless
about their lives and those of their children, and are experiencing an erosion of family
and community relationships, (v) women suffer from low socioeconomic status, and (vi)
a lack of confidence in local and provincial administration.

While access to agricultural land and security of tenure for it are crucial to this livelihood
strategy, the need to access to common property resources within the context of access to
agricultural land is also critical. Biddulph (2000) in a survey of rural land estimates that
13% of rural families do not own or have the means to access agricultural land. The study

8
  Source: Cambodia Country Assistance Strategy: Building the Foundations for Sustainable Development
and Poverty Reduction, the World Bank, South Asia and Mongolia Country Unit, East Asia and Pacific
Regional Office, February 2000.
9
  Source: “ Inland Aquatic Resources and Livelihoods in Cambodia” Oxfam by Wayne Gum, Nov, 2000
10
   Source: The Second Five year Socioeconomic Development Plan, 2001-2005


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also found the national trend of increasing rural landlessness. Common property
resources therefore provides the livelihood safety net when the agricultural harvest is
poor, but for those families without access to agricultural land, may provide the main
livelihood source. This is especially the case for the poor and vulnerable ( Kato 1999,
Van Acker 1999).

As RGC first Socioeconomic Development Plan (1996-2000) noted that fish and fish
products comprise 40-60% of the animal protein dietary intake of rural Cambodians
(Gum 1997), but other authors consider this to be under-estimate, and believe it is around
75%( Ahmed et al 1998, Degen et al.2000, Thouk and Sina 1997). Rice and fish are
considered to be the two nutritional staples of Cambodia. It is therefore helpful to assess
the importance of aquatic resources to livelihoods in the context of rice production. There
are also significant populations, who are almost wholly dependent on aquatic common
property resources to support their livelihoods. Azimi et al.(2000) noted that 15% of the
population of Cambodia are said to depend on the Great Lake’s fisheries for their
livelihood. Thuok and Sina (1997) estimated that 88% of the population of 170 villages
located in and around the inundated forest fringing the Great Lake rely on fishing or
fishing relates activities.

Loss of access to common property resources will impact on livelihoods, in particular,
the rural poor and those with limited access to agricultural land. Maintaining access to
land and natural resources is therefore essential to prevent the people, especially the poor
and vulnerable groups, from becoming poorer and to reduce poverty.

The Royal Government of Cambodia has been put poverty alleviation at the top of the list
of priorities for Cambodia. In this context, the forest concessions of many companies
have been cancelled and in some cases transfers to other companies have been affected,
only for the concession to be withdrawn from the new company. The dynamics of
concession transfers and cancellations have been fairly rapid in the last three years as
mentioned in the Report on Activities of the RGC for the first nine months of 1999:11

         The RGC has undertaken the review of all Forest Investment Agreements and
         their implementation resulting in the cancellation of 12 concessions from 9
         companies covering a total forest areas of total 2,173,006 hectares which shall be
         preserved as forestry reserves. The remaining 21 valid concessions cover a total
         forest areas of 4, 739,153 hectares.

At the post-CG Meeting in Phnom Penh on 29 January 2001, Samdech Hun Sen, the
Prime Minister of RGC stated in his closing speech that, “There is a strong correlation
between sound natural resource management and poverty reduction. The plight of the
poor can be improved by widening their access to forest, fisheries, water resources and
other public goods. Therefore, providing access to fisheries and water resources is critical
to improve the living standards of the people living in Tonle Sap and riparian regions.




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Realizing the importance of such actions, the RGC has introduced a pro-poor policy by
canceling or reducing the size of official fishing lots to improve access by the poor to
traditional fisheries with a view to ensuring equitable distribution of the fruits of
economic growth. During 2001, the RGC cancelled a total of 49,599 hectares of fishing
areas, accounting for some 53 percent of the total fishing lots, to allow to the poor to
greater access to fisheries”. 12

In the context of rural Cambodia, rational use of common property resources in
combination with agricultural production may be a more sustainable strategy for food
security rather than relying on intensification of agricultural production alone.


      1.4     Key programs affecting land policy and use:

      1.4.1    Main government policies affecting land directly or indirectly will be
               identified from various sources.

Under the leadership of the RGC, MLMUPC and the recently-formed Council for Land
Policy is endeavoring to design and carry out a program of action to address the land
issues identified. In its broadest outline this program consists of a policy consultation
and development process, a legislative program, and a series of ongoing and planned
projects. The pace of activity in developing this program accelerated during 2000-2002.
The program is a valuable example of how government, civil society and international
agencies can work together to address priority issues.


      1.4.2    A Vision for Land Policy

The vision of land policy in Cambodia is that land will be administered, managed and
distributed in ways which contribute to achieving broad national goals of poverty
alleviation, equitable economic development and good governance in a democratic,
market-oriented society. As described in the Statement on Land Policy:

            The Royal Government of Cambodia is endeavoring to implement a
            coordinated set of laws, programs of work, and institutional arrangements
            regarding land which are directed toward enabling the achievement of
            national goals of economic development, poverty reduction and good
            governance, as described in the Socioeconomic Development Plan, Interim
            Poverty Reduction Strategy, and Governance Action Plan.

This vision has three main aspects: 1) That land will be administered in a way which
makes the rights to specific properties clear and secure, and makes formal transfer of
those rights simple and affordable. Disputes will decrease in frequency and size and
whenever possible will be resolved outside of the courts; 2) Land will be managed in a
way which leads to its best uses in a sustainable, environmentally sound way. In many
12
     Source: Fourth Quarterly Meeting between the RGC and Donor Community January 29,2001


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                                                                                         21


areas this will require the balancing and management of multiple uses and users and will
require the participation of multiple stakeholders; 3) State land will be protected for
public uses where appropriate, or else allocated for private benefit through a transparent
process. Accomplishing this vision will allow all Cambodians to use land effectively for
economic and social purposes, to transact land freely and to benefit from the public land
patrimony. The focus of attention for achieving this vision of land policy will be in the
following six areas.

    •    Land administration, management and distribution reforms,
    •    Legal and institutional reforms,
    •    Land market strengthening,
    •    Physical planning reform,
    •    Land information strengthening,
    •    Supporting deconcentration and decentralization process.


   1.4.3 The internal consistency of the strategy
This strategy is internally consistent and well-focused on the problems identified. Key
questions for its effectiveness, however, revolve around the adequacy of human and
financial resources to accomplish the ambitious goals of the program, and the short-term
feasibility of the inter-sectoral collaboration required. Real challenges for MLMUPC
remain in building capacity and a service orientation at the provincial and district levels.




Cambodia: Status of Land Policy Reform
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   2       Incorporation into the PRSP and other aspects of the national
           development strategy,

   2.1      Overall land policy:

   2.1.1 National Strategies for Sustainable Development, decentralization
         programs and other plans
Land issues are integrated into Cambodia’s major development and poverty reduction
plans. The key documents which describe these plans are the “Five Year Socio-economic
Development Plan, 2001-2005 (SEDP),” the Governance Action Plan and the Interim
Poverty Reduction Strategy Paper.

   2.1.1.a) National Development Strategy
The Royal Government of Cambodia has approved second “Five Year Socio-economic
Development Plan, 2001–2005 (SEDP)”, which identified three development strategies
for achieving the primary development of reducing poverty. These are:
       •      To foster broad-based sustainable economic growth with equity, at a rate of 6
            to 7 % per year, with the private sector playing a leading role.
       •      To promote social and cultural development by improving the access of the
            poor to education, health, water and sanitation, power, credit, markets
            information and appropriate technology.
       •     To promote sustainable management and use of natural resources and the
            environment.

Cambodia’s agricultural sector is seen as having the potential to lead national economic
growth and to reduce poverty. Bringing idle land into cultivation and improving
productivity are noted as a means of generating agricultural growth, which in many Asian
economies has been the foundation of concurrent and subsequent industrial
transformation.

The accelerated program of land titling and land distribution of agriculture lands has thus
been identified as a key component of agricultural development in the second five year
development plan. As stated in the SEDP, there is a growing need to strengthen the legal
basis for market-driven agricultural development, clarify numerous land related
development issues as well as to resolve the growing number of land disputes. The sub-
sectoral program of land tenure and titling recognises that land registration is one
mechanism that can be used to address a number of the issues impeding rural and
agricultural development.

   2.1.1.b) Governance Reform Initiatives
The institutional framework of governance in Cambodia is complex and mandates,
responsibilities and relationships among agencies are occasionally unclear. In November
1998 the Royal Government of Cambodia proposed to the National Assembly an



Cambodia: Status of Land Policy Reform
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ambitious program to further Cambodia’s development. The Government endorsed a
National Program of Administrative Reform (NPAR) for the period 1999-2000. It
singled out the strengthening of State Institutions and Good Governance as critical
elements of this strategy.

State administrative reform is one of seven programs and councils established under the
Supreme Council of State Reform to focus the country’s institutions on implementing the
Royal Government’s reform agenda. The seven Councils are, Council for
Demobilisation, Council for Judicial Reform, Council for Administration Reform (CAR),
Council for Fiscal Reform, Council for Anti-Corruption, Council for Social Development
and Council for Land Policy, already described in section 1.3. The State administrative
reform program is designed to establish an administration that is neutral, responsible,
transparent, closer to citizens and more responsive to their needs.

    2.1.1.c) Governance Action Plan (GAP)
Related to State reform, the Government has developed a Governance Action Plan (GAP)
to achieve improvement in the governance environment. GAP identifies two categories of
governance reform where action is likely to be critical to Cambodia’s development. The
first category involves cross-cutting areas where improvements are fundamental for a
functioning government and for the development of a robust economy and society. They
are: (1) judicial and legal reform; (2) public finance; (3) administrative reform; and (4)
anti-corruption. Key governance improvement issues with the potential for swifter
poverty reduction include first strengthening the ability of the Royal Government of
Cambodia to articulate strategy and policy and to implement it effectively. This requires a
sustained focus on improving the links between policy making, medium term expenditure
planning, aid co-ordination and revenue raising and the allocation of scarce resources.

In addition to these cross-cutting areas, GAP identifies the importance of solving land
problems as one of the most important requirements for alleviating poverty. The causes
of land problems were identified as; (i) the destruction of land title records; (ii)
inadequate land law; (iii) a general situation of weak governance in provinces; (iv)
wholesale privatisation of common property forests and wetlands; (v) weak capacity of
land titling and administration; (vi) distress sales of land often related to defaulting loans;
(vii) the use of outdated data for land use classification and planning; and (viii) lack of a
legal framework to cover the management and use of state land and real estate. Current
policy directions are therefore well-suited to address these governance issues.

   2.1.1.d) Decentralisation
The Royal Government of Cambodia’s policy is to replace a highly centralised and
hierarchical system of government with a new decentralised system that will be
implemented by way of laws, sub-decrees, prakas and other guidelines. Decentralisation
is aimed to bring about a new division of resources between national government and
communes/sangkat, and new operational relationships between the national government
and Commune/sangkat Councils. It is desired that complementary and supplementary
support with be gained from other major reform programs.




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The Royal Government of Cambodia has decided to decentralise its system of
administration and introduce financial devolution to the commune level. The Law on the
Administration and Management of Commune/Sangkat that was passed by the National
Assembly on 12 January 2001. Commune and Sangkat Council elections took place
February 2002. Commune Councils have their own budget consisting of tax and non-tax
revenues and a block grant from the national budget. The councils have responsibility for
delivering services, including social services to the villages and have a greater say in the
development of their regions.

The decentralisation/deconcentration policy is of considerable significance in the land
sector as operational land activities have in many oversees jurisdictions been delegated
below central government. This influences the long term organisation of Ministry of
Land Management, Urban Planning and Construction and how the implementation of
CLP policies is undertaken. A good policy, regulatory and monitoring framework will be
required to support such decentralisation and this needs to be in place early on. As well,
other facets of institutional strengthening will be essential to develop an integrated
approach to land administration and land management policy, operations and service
delivery by the central and local level agencies involved.

Current situation shows that so far MLMUPC has provided the delegated power to
Municipality Land Title Department of Phnom Penh and Provincial Land Title
Department of Kandal Province, further more in 2002 MLMUPC will provide to other
three provinces based on their responsibility and capacity13.


   2.1.2 The relation between Poverty Reduction Strategy and Land Issues
The SEDP, governance reform initiatives, land policy statement and decentralisation
process are tightly linked with the Poverty Reduction Strategy.

The causes of poverty are multi-dimensional and have long historical roots, but they are
summarized by the PRSP as: lack of opportunities, vulnerability, low capacities, and
social exclusion. To response this poverty, the RGC has formulated a poverty reduction
strategy which focuses on creating security, strengthening capabilities and promoting
opportunities, and creating empowerment, that will affect the poor in Cambodia either
directly or indirectly. As summarized in the table below, land reform is a featured
component of the Poverty Reduction Strategy.

Table: Linking Poverty Diagnostic to the Government Policies (IPSPR)14
Dimensions of Poverty                          Government Policies
LACK OF OPPORTUNITIES                         PROMOTING OPPORTUNITIES
-Low average income                           -Macroeconomic stability
-Low level or inadequate farming -Economic growth
technology                                    -Promoting private sector development
-Extensive poverty, especially in rural areas -Improving      physical      infrastructure
13
     Source:2001 Annual opening speech of the Minister of MLMUPC
14
      Source: the RGC Interim Poverty Reduction Strategy Paper October 2000


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-Landlessness and lack of access to land       including irrigation and rural roads
-Low education for girls                       -Measure to promote agriculture
-Poor access to assets and skill training      -Land reform
-Lack of infrastructure
-Problem of landlessness
VULNERABILITY                                  CREATING SECURITY
-Poor access to credit and capital             -Micro-finance schemes
-Crop failure                                  -Safety net programs
-Weather conditions                            -Environmental protection
-Environmental degradation                     -Access to health services
-Increase violence against women-rape,         -Mine clearance
domestic violence, trafficking of women        -Improve irrigation and drainage facilities
and children                                   -Crop mixes manipulation for increased
-Health problems and vulnerability of          biological stability and economic viability
women to HIV/AIDS infection
-Land mines
LOW CAPABILITIES                         STRENGTHENING CABILITY
-Low outcome, especially education       -Service delivery
-Bad water and sanitation                -Increase public spending on heath,
-High costs of healthcare                education,      agriculture  and     rural
                                         development
SOCIAL EXCLUSION                         GENERATING EMPOWERMENT
-Illiteracy                              -Judicial reform
-Lack of access to decision making       -Education policy
-Corruption                              Fostering enabling environment for NGOs
-Discrimination on the basis of sex and -Governance and anti-corruption
ethnicity                                -Decentralization
-Low representation of women in key
decision making position
-Heavy burden placed on women for
household work, child rearing and child
care as well as care of sick and elderly



   2.2     Link to other government policies

   2.2.1 The degree of coordination between proposed actions
As mentioned above, the proposed actions constitute a coherent set of policy measures
and program designed to tackle specific land issues. The Statement on Land Policy
focuses on three main tasks: Land Administration, Land Management and Land
Distribution. It emphasizes that, in order to achieve these tasks, a long term Land
Administration, Management and Distribution Program (LAMDP), will be implemented,
beginning with an initial phase to test approaches, achieve changes, clarify institutional
roles and identify financial requirements. Based on this program (LAMDP) and the two
projects, the LMAP has been designed. The proposed LMAP Project is envisaged as the


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first phase of the long term Land Management and Administration Program. The
objectives of the Project are to: (i) develop national policies, legal framework, and
institutions for land administration and management, aimed at improving land tenure
security; (ii) improve land tenure security for urban and rural population of the project
areas; and (iii) establish an efficient and transparent land registration system in the
project areas. The LMAP has five components, as described in 3.2 and in detail as in
ANNEX B, that cover all the proposed actions.


   2.2.2     Specific complementary measures required to enable land policy to have
             positive impacts for the poor

Land policy reforms are only one component of a multi-sectoral strategy to reduce
poverty. The sought-after improvements in land tenure security, land markets, land
management and land distribution which are currently being pursued are largely meant to
create enabling conditions for poverty alleviation through improved agricultural and
private sector opportunities. A comprehensive package of measures, as described in the
above table, are required. As recent history has shown, however, failure to address the
land issues severely inhibits the poverty reduction strategy from succeeding, chiefly
because the poor are easily dispossessed of their land and excluded from common
property resources. Additional specific land-related measures which impacts on poverty
reduction are the following:

         1. Review transaction tax and unused land tax, and regulation on immovable
         private property transfer and develop workable land valuation system
         Lessons learn from the two pilot systematic land registration projects (GTZ &
         Finnmap) show that so far data and information of 62,046 parcels have been
         collected, 26354 parcels have been public display, but only 2000 parcels have
         been issued the titles. The most problems occurred from informal transfer the
         private property and high rate of transaction tax and unused land tax. Reviewing
         and improving the enforcement of unused land tax and transaction tax is
         important to protect the poor and maintain the success of the LMAP.

         2- Survey on impact of title fees on the poor.
         As designed in the LMAP, the formal title fees in rural around US$1.2 and in
         urban around US$ 30. Although these fees are the most cheapest and reasonable
         prices comparing with the informal charges, which are very high up to around 30-
         40 times, but the poor do not afford themselves to pay these fees. It is to consider
         that the poor live both in rural and urban areas. The survey should make the
         recommendation how to avoid or mitigate the impact to the poor, for instance
         RGC or some donors should subsidize or share the costs for the real poor, that
         need to be specified according to objective criteria.

         3. Continue to strengthen cooperation among stakeholders.
         The past experiences show that participatory approach has been used to develop
         the new land law, the Statement on Land Policy, the regulations to be implement



Cambodia: Status of Land Policy Reform
                                                                                          27


         the new land law such as Cadastral Commission and Social Concession, and went
         well. However cooperation still face some difficulties, that need to be
         strengthened further and made every efforts to get the consensus among them.

         4. Rural development projects should better integrate land issues .
         So far some development projects have linked with land issues such as Seila
         program, ADB development projects, but some still fragmented. In order to
         reduce poverty and to growth economic, the secure of land tenure alone or the
         development without securing land tenure could not get these goals. Land tenure
         security as is a basic need to society and contributes directly and indirectly to
         poverty reduction, economic development and good governance.

         5. Promotion of land related laws.
         The new land law has been promulgated since August, 30th 2001, but for
         sustainable development it is required to pass urgently the land related laws such
         as forestry law, fishery law, and water resource law.

         6. No clear interrelationship between the major components of resource tenure,
         especially between land, water, forest, fishery and environment.

         7. No clear policy on land use in the fishery domain.
         The intervention of Working Group on Natural resources Management in CG
         Tokyo, in June 2001, relating to fisheries, stated that fishery domain is comprised
         of rich agricultural lands, productive fishing grounds, inundated forests, grass
         lands, lakes, ponds, streams and villages. All land is under the jurisdiction of the
         Department of Fisheries, however many people are living within fishery domain
         for generations. These people should have clear and official land use rights.

         - Comprehensive land use planning exercise should be undertake throughout the
           fishery domain and lands demarcated according to the most appropriate use
           based on traditions, productivity and local needs.
         - Rental payments may be justifies as revenue to help support the Department of
           Fisheries, however they must be handle in a legal and transparent manner;
           emphasis should be on protecting and managing natural vegetation as fish
           habitat to the fullest extent possible.
         This mark should be consider to find the way in order to resolve the real problem,
         that impact to the poor, who lives in the above-mentioned area.

         8. Develop land development regulation
         According to the rapid development of construction industry regulation land
         development regulation should be developed in order to secure and contribute to
         the sustainable development of the country.

         9. Encouraging farmers to establish participatory farmer community




Cambodia: Status of Land Policy Reform
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         In order to help each other and to protect themselves in competitive market, this is
         the time to encourage the local farmers in villages to set up community
         representative by participatory approaches.


  2.2.3 The responsibilities of land sector agencies
The responsibilities of land are spread across several government agencies.

The Ministry of Land Management, Urban Planning and Construction (which was
established in 1999) is the government agency with primary responsibility for land
management, including policy and coordination of land registration and administration,
land use planning, geodetic and cadastral surveying, mapping and property valuation.
Actual implementation of land registration, administration of land transactions and land
use planning are carried out by the Provincial and Municipal offices of the MLMUPC.

The Ministry of Agriculture, Forestry and Fisheries has responsibility for the
management of forestry land and wetlands and economic concession in agriculture.

Ministry of Defense is responsible for the military areas.

The Ministry of Finance’s State Property Department has responsibility for
administration of the state immovable properties.

The Ministry of Environment has responsibility for the management of national parks and
wild animal sanctuaries.

The Ministry of Water Resource has responsibility for all inland waterbodies and water
management works.

The Ministry of Culture and Art is responsible for all heritage sites, but Angkor heritage
site falls under the jurisdiction of APSARA, an authority belonging to the Office of the
Council Ministers..

Demining (removal of unexploded ordnance) of land and the allocation of the demined
land is the responsibility of provinces. Similarly, the allocation of forestry and fishing
concessions seems to often be undertaken de facto at the provincial level or by politicians
at all levels.

As mentioned in 2.1.2 above, the arrangements for cross-sectoral coordination are being
put in place. But as these are still at the beginning stage of implementation the face some
difficulties. Resolving these difficulties require the improvement and strengthening of
the Council for Land Policy which is the mechanism to achieve consensus among them.

In April 2001, WB made a preparation mission in order to help the MLMUPC to design
LMAP. During the mission members have met with different key ministries, institutions




Cambodia: Status of Land Policy Reform
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and NGOs and found that they are willing to support the LMAP as described in ANNEX
C.


   2.3     Support by donors:


   2.3.1     The degree of coordination between and support from the donor
             community

Currently in land sector, the different donors support different government agencies in
different projects. Under the Ministry of Land Management, Urban Planning and
Construction the full scale and linked projects as well as individual consultancies have
been undertaken as follows:

   2.3.1.a) Full Scale Project
   - Land Management and Administration Project has been supported by World Bank,
     GTZ (Agency of the Germany Government) and Finnish Government,
   - TA 3577 : Implementation of Land Legislation has been supported by ADB and
     carried out by EWMI
   - Cambodia Cadastral Project supported by Finnmap ( This project the Finish
     Government will be formulated into Technical Assistance of LMAP)
   - Land Management Project supported by GTZ will be formulated into Technical
   Assistance of LMAP

   2.3.1.b) Linked Projects with different agencies
         • ADB Loan No1445-CAM(SF) Agricultural Sector Program on revising and
             rationalizing Land Legislation (2001-2005)
         • Natural Resource and Environment (NRE) Program supported by DANIDA
             (2001-2005)
         • Seila Program (Second phase 2001-2005)
             - Land Use Planning Unit/ Land Use Management Unit( LUPU/LUMU) in
             Battambang and Banteay Meanchey through a strengthened partnership with
             the MLMUPC and in collaboration with the NGO, Handicap International.
            - Commune Based Rural Development Project supported by IFAD GTZ and
            WFP, and technical support from GTZ and AusAid.
        • Land Registration & Titling in Prey Nup Polders co-funding by GRET and
            Finnmap
        • ADB and GTZ decencentralization project
        • ADB and AFD Stung Chinit Irrigation and Rural Infrastructure Project
        • Establish Digital Cadastral Index Map and Land Register of Agricultural land
            in Kirivong rehabilitation zone co-funding by PRASAC and Finnmap.

   2.3.1.c) Other Consultancies
   - AYA (Australia Youth Ambassador) supported Land Use Planning.
   - DED (German Development Service) supported Land Use Planning.


Cambodia: Status of Land Policy Reform
                                                                                          30


   - UN-ESCAP supported to draft strategic paper for housing policy.
All these donors have worked very closely with each other, same direction under the
umbrella of the Ministry. For the full scale projects, it is worth noting that these projects
have received a high level of donor cooperation:
    • the cooperation and participatory in drafting the new land law as mentioned in the
       ADB News Releases by Mr. Urooj Malik, ADB's Resident Representative in
       Cambodia, "This consultative process has been appreciated by all in Cambodia
       and noted as a model to follow in the preparation of other laws. Indeed, it is hoped
       that the forestry, fisheries and water management laws, currently under discussion
       and/or preparation, will also follow a similar approach”.15

      •   high level cooperation between WB, ADB(EWMI), GTZ and Finnmap during
          appraisal mission on sharing the work of drafting necessary sub-decrees for
          implementing the new land law and the LMAP.

However, as mentioned in Section 2.2, it is necessary to keep strengthening cooperation
among stakeholders.


   2.3.2 The roles of government, civil society and donors
In order to use the resources effectively and to avoid overlap of work and mitigate the
waste of time, all donors should meet and discuss openly their duties and share work
under the direction of the MLMUPC. Additional cooperation by donors is welcomed and
should work in complementary areas to what existing projects are doing. This approach
can best accomplish the goals of the MLMUPC, create a high level cooperation and be
cost effective.

Clarification of the roles of government agencies can only be based on legal documents,
but in the case that these legal instruments are still not clear about the mandate and
responsibility, specific policy should be reached through consensus among them by using
the mechanism of CLP. As the model so far, the CLP has organized workshops to gather
ideas from different stakeholders, including government agencies, NGOs and civil
society, and used them as the basis for drafting the sub-decree on the Cadastral
Commission. The same approach has been used for drafting the sub-decree on social
concessions.

Civil society has played a very important role in the process as demonstrated in the
process of consultation for formulating the new land law, as well as in the development
of overall land policy and regulations for implementing the new land law Oxfam GB land
Study Project, ADHOC, CDRI and Legal Aid for Cambodia (LAC) supporting legal
issues.

The donors role is always to support both financial and technical aspects to the
government and monitor the performance of the government. So far there have been five
post- CG meeting in order to monitor the government actions. The RGC welcomes the
15
     CARM News Releases July 24, 2001


Cambodia: Status of Land Policy Reform
                                                                                    31


monitoring of the donors, as the Samdech Prime Minister stated in his opening speech at
the post –CG meeting on October 27, 1999:

          As I have reiterated on many occasions the government does not consider the
          monitoring of the reform programs or the constructive criticism, advice and
          recommendation made by donors as conditions.16




16
     Source: Second Quarterly Meeting between RGC and Donor Community


Cambodia: Status of Land Policy Reform
                                                                                       32




   3     Identify specific steps that could be taken to improve this process:

   3.1     Key areas for action:

  3.1.1 The main priority areas for future action
The priority areas for future action are stated clearly in the Statement on Land Policy in
ANNEX A, but the main priority areas can be described as follows:
       - Development policy Framework and Legal Framework
       - Proceed to implement the new Land Law
       - Institutional Development
       - Strengthening Land Dispute Resolution Mechanism
       - Development Land titling and Land registration system
       - Landlessness
       - Land Use Planning, Land Classification Map
       - Housing Policy

All these areas will be done through main projects/programs as following:
     1. Land Management and Administration Project (LMAP) supported by WB, GTZ
        and Finnish Government(2002-2007).
     2. ADB TA 3577 for Implemention of Land Legislation (2001-2003).
     3. ADB Loan No1445-CAM(SF) Agricultural Sector Program on revising and
        rationalizing Land Legislation (2001-2005).
     4. Natural Resource and Environment (NRE) Program supported by DANIDA
        (2001-2005).
     5. Seila Program (Second phase 2001-1005).
            • Land Use Planning Unit/ Land Use Management Unit( LUPU/LUMU) in
                Battambang and Banteay Meanchey through a strengthened partnership
                with the MLMUPC and in collaboration with the NGO, Handicap
                International.
            • Commune Based Rural Development Project supported by IFAD,GTZ
                and WFP, and technical support from GTZ and AusAid.
     6. State Land inventory Pilot Project supported by GTZ (2002).
     7. Strengthening Participatory Land Use Planning supported by LMP and SMRP.
     8. Commune Boundary and Urbanization supported by GTZ.

As above-mentioned at point 4 of 2.2.2 the land issues should be integrated into
development projects in order to contribute to reduce poverty.


   3.1.2     Feasible timeframe for sequencing issues

A timeframe for this work has been established. Pilot projects in land registration and
mapping (see above) have been active for three years, developing the appropriate
methods and technology for widespread systematic and sporadic registration. Other pilot
projects on land use planning are underway with support from DANIDA and GTZ. An


Cambodia: Status of Land Policy Reform
                                                                                       33


ADB-supported Technical Assistance project is now underway in the MLMUPC to help
prepare the key implementing sub-decrees of the land law. The World Bank-financed
LMAP will provide resources for the extension of systematic registration on a massive
basis in eleven provinces and Phnom Penh beginning in June 2002 and operating for five
years in its first phase. Also included in LMAP are components which will focus on
filling gaps in the land policy framework, including state land management and a pilot
land distribution scheme.

For implementing the LMAP the following sub-decrees should be drafted and passed by
July 31st ,2002:

1. Sub-decree on Cadastral Commission
2. Sub-decree amended on Systematic Registration,
3. Sub-decree on Sporadic Registration and Maintenance of Cadastral Documents.

It is also important to draft and pass the following instructions for implement the LMAP
by December 31st , 2002:

1. Ministerial Instructions on Systematic Registration
2. Ministerial Instructions on Sporadic Registration
3. Ministerial Instructions on Maintenance of Cadastral Documents.

As stated in the CG Tokyo of June 2001 by Samdech Prime Minister of the RGC: “We
are accelerating the adopting of the new land law to prevent land eviction of the poor by
the powerful”. As mentioned earlier, landlessness is now around 12-15% of the
population. The trend of landlessness is increasing alarmingly, (due primarily to the
population growth rate of 2.5%, land grabbing, health problem and debt). In order to
implement the Poverty Reduction Strategy, landlessness issues will be addressed as
a highest priority by providing land to disadvantaged populations through social
concessions. According to schedule of General Secretariat of CLP, the workshop to
gather the preparation for drafting the sub-decree on social concessions will take place
during March-April, 2002 and sub-decree will be drafted in May 2002.


   3.2     Implementation issues

   3.2.1 Implementation of Land Policy and land related program under PRSP
The centerpiece activity for the implementation of these programs is the LMAP project.
The overall goals of the proposed project are to reduce poverty, promote social stability,
and stimulate economic development. The specific objectives of the project are to
improve land tenure security and promote the development of efficient land markets.
These objectives will be achieved through: (a) development of national policies, the
regulatory framework, and institutions for land administration; (b) issuance and
registration of titles in urban and rural areas; and (c) establishment of an efficient and
transparent land administration system. The proposed project is the first phase of the
government’s Land Administration, Management, and Distribution Program (LAMDP),


Cambodia: Status of Land Policy Reform
                                                                                         34


which is expected to be implement over 15 years17. Details about LMAP are found in
ANNEX B. Relating to other full scale and linked projects related to land policy has been
mentioned already in the above section at 2.2 and 3.1.

      3.2.2The role of donors, civil society groups, local government and their
           coordination
Donors are now playing a central role in financing Cambodia’s land policy reforms and
in providing technical assistance to move forward quickly in new areas of policy and
practice. There is a relatively high degree of coordination and cooperation among the
donors provided by the leadership of the MLMUPC and through the CG Meetings.
Overlaps have been minimized. In the LMAP project, support from the World Bank,
GTZ and the Government of Finland will all contribute. Donors have to be careful,
however, about the demands they put on officials for time and reporting and also need to
improve their own inter-sectoral coordination in the land area-particularly in the ways
that programming for natural resource management, environmental protection and urban
development connect with land policy reform. Lessons learn in donor coordination show
that:
    • Donors have to contribute to implement the Cambodian strategies and policies
        ( country orientation) and minimize “donor orientation”
    • Donors’ support should be fully integrated into the institutional structure. Good
        examples are the finish and German support to MLMUPC through the General
        Department of Cadastral and Geography. The establishment of the parallel
        structure for project implementation should be avoided.
    • Donors’ coordination should be facilitated by the MLMUPC through clear
        identification of responsibilities, mandates and the application of the “ownership -
        principle”.


Civil society, local government and other stakeholders have played an unusually large
role in the land areas compared to their involvement in other sectors in Cambodia. This
has been particularly apparent in the consultative processes around the drafting of the
Land Law (2001), and to a lesser extent in the preparation of the Statement on Land
Policy and the sub-decree on Cadastral Commissions. NGOs play a lead role in
providing legal assistance and advocacy for local people involved in land disputes.
Provincial and local governments, however, need to be brought more actively into both
the policy formulation and project implementation aspects of land policy reforms. Too
often an information and capability gap exists between central and local officials in this
area. Expanded training and information provision to local governments, and greater
back and forth dialogue between provincial, district, commune and central government
officials might improve the involvement of subordinate levels of government in overall
land policy reform. The new decentralization of many governance functions to the
Commune Councils in 2002 immediately create a need for greater coordination between
national and local levels.

17
     Source: World Bank Appraisal Mission’s Aide Memoire 22-29October 2001



Cambodia: Status of Land Policy Reform
                                                                                                35


      3.3    Areas for research

   3.3.1 Capacity of research on land policy issues in Cambodia
The capacity in Cambodia to research, understand and document land policy issues and
their relevance to poverty elimination, enable stakeholder debate, share experience,
monitor progress and review program targets and methods is still limited. There is only
one independent institute, Cambodia Development Research Institute (CDRI), that deals
with land issues. From the Royal Government, there is only National Institute of
Statistics dealing with the research in the field for planning not for the land issues. A few
NGOs and private firms are researching in land issues such as Oxfam GB, CCC, GTZ,
Finnmap (Private Company), and LAC. The MLMUPC has a limited human resource’s
capacity to deal with these issues.


   3.3.2 Capacity improvement
In order to strengthen the research domain, capacity could be improved over the medium-
term through strengthening the educational system and including land management issues
into legal training and the social sciences, as well as encouraging a research capability in
the technical training in fields like information management, surveying, architecture and
urban planning. In the short-term, collaborative research between specialized institutes
like CDRI and governmental and university actors, especially the coming established new
Faculty for Land Management and Land Administration at the Royal University of
Agriculture under LMAP18, could fill some of the immediate gaps in knowledge, as will
focused, single-issue topics which are being included for special focus under the LMAP
project. For resolving the land issues with efficiency, proposals for research to be carried
out might include the following topics and questions:

            1. The importance of Land Valuation System and Land Market Assessment in
               Cambodia.
            2. Regularization and Integration of Irregular Settlement in Cambodia.
            3. How to manage resource tenure issues or the interrelationship between land,
            water, forest, fishery and Environment from legal perspective
            4. How can land issues be integrated into rural development projects?
            5. How to resolve competing land uses in the fishery and forest domains in
               Cambodia?
            6. How to effectively distribute land in social concessions?
            7. How can commercial agricultural concessions be opened with will both make
               money for the investors and Cambodia, which protect villagers’ pre-existing
               land rights and provide employment? In other words, is there a smallholder-
               friendly strategy for developing industrial/commercial agriculture?




18
     Source: Land Management and Administration Project Appraisal Document, February 2002, WB


Cambodia: Status of Land Policy Reform
                                                                                           36




   4      References:

1- Boreah, Sik. “Land Ownership, Sales and Concentration in Cambodia: A Preliminary Review
of Secondary Data and Primary Data from Four Recent Surveys.” Working Paper 16. Cambodia
Development Resource Institute.

2-“ Land Tenure in Cambodia a Data Update”, Working Paper 19. Cambodia Development
Resource Institute.

3-Significantly less than the figure of about 8 million claimed by an Oxfam Study.

4- 2001 Land Law

5- Sub- Decree No. 11 on Procedure of Establishing Cadastral Index Map and Land Register

6-Working Paper No 20 of CDRI, Social Assessment of Land in Cambodia,2001

7- Land Ownership Disputes in Cambodia: A Study of the Capacity of four Provinces to Resolve
Conflicts over Land (Kampot, Takeo, Kandal & Kampong Thom) Bib Hughes, joint Oxfams
Livelihood Study Project, December 2001, funded by GTZ Land Management Project,
MLMUPC

8-“ Inland Aquatic Resources and Livelihoods in Cambodia” Oxfam by Wayne Gum, Nov, 2000

9- The Second Five year Socioeconomic Development Plan, 2001-2005

10- Second Quarterly Meeting between the RGC and Donor Community October 27,1999

11-Fourth Quarterly Meeting between the RGC and Donor Community January 29,2001

12- Report of Working Group on Natural Resource Management on September 27, 2001

13- The Law on the Administration and Management of Commune/Sangkat

14- Consultative Group Meeting for Cambodia Tokyo, Japan 12-13 June 2001

15- the RGC Interim Poverty Reduction Strategy Paper October 2000

16- CARM News Releases July 24, 2001

17-Land Policy, Land Legislation and Land Management in Cambodia: Finding and
Recommendations, Michael Kirk, March/June 2000

18-Governance Action Plan, RGC, Council for Administrative Reform, January 2001

19-Law on Financial Budget Management 1995, promulgation on December 31st ,1994

20-Instruction No. 3 on Policy on Land Management dated 03 June 1989




Cambodia: Status of Land Policy Reform
                                                                                             37


21-1992 Land Law

22- Sub-decree No. 25

23-1993 Constitution of the Kingdom of Cambodia

24- Sub-decree 58 on Transfer Cadastral Department of Ministry Agriculture to the Office of
Council Ministers, dated October 03, 1994

25- Land Management and Administration Project Appraisal Document, February 2002, World
Bank

26- World Bank Appraisal Mission’s Aide Memoire 22-29 October 2001

27-IRRI 1998, Annual Report 1998, Cambodia-International Rice Institute-Australia Project,
Phnom Penh

28-Kato, E.1999, Where Has All Land Gone? Land Right and Access in Cambodia, Volume 1,
Case Studies, Oxfam GB

29-Van Acker, F.1999, Land Tenure: Hitting a Stone with an Egg? Cambodia Development
Review, Vol. 3, Issue 3, Cambodia Development Research Institute, September 1999

30-Ahmed et al.1998, Socio-Economic Assessment of Freshwater Capture

31-Azimi et al.2000, Environments in Transaction Cambodia, Loa PDR, Thailand, Vietnam,
Asian Development Bank

32-Gum, W. 1997, Consultancy report on Fishery development in Northwest Cambodia, May
1996- February 1997, Cambodia Rehabilitation and Regeneration (CARERE/UNDP/RGC)

33-Noa Thuok and Ly Sina, 1997, Review of the Fisheries and Aquacuture Sector in Cambodia
(Draft)

34- Cambodia Country Assistance Strategy: Building the Foundations for Sustainable
Development and Poverty Reduction, the World Bank, South Asia and Mongolia Country Unit,
East Asia and Pacific Regional Office, February 2000.

35-Seila Investment Plan 2001, RGC, Seila Task Force, January 2001

36.Cambodia Socio-Economic Survey 1999, National Institute of statistics, Ministry of Planning




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