UN rapporteur urges transparency in Cambodia's land concessions

 (HLH Agriculture, a company from Singapore, was allotted 10,000 hectares of land in the Aoral Wildlife Sanctuary, Kampong Speu Province. Image by Keyla Beebe. Cambodia, 2012.)

"the existence of the legal framework on paper is one thing; the implementation of the law is another." 

Source: ASIA NEWS NETWORK

Phnom Penh (Rasmei Kampuchea Daily/ANN) - A senior United Nations official welcomed Friday Cambodian Prime Minister Hun Sen's temporary halt to economic land concessions and said that greater transparency was needed.

The statement by Surya Subedi, Special Rapporteur for Human Rights in Cambodia, followed a fact-finding mission which included Rattanakiri, Stung Treng and Kratie provinces.

"I welcome the prime minister's regulation of 7 May 2012 imposing a temporary halt on the granting of new economic land concessions, and greater scrutiny of existing land concessions," Subedi said.

"This is a good step in the right direction. As ever, the focus must be on the implementation of this new regulation."

The official said Cambodia had a "relatively well-developed legal framework" for granting and managing land concessions. However, "the existence of the legal framework on paper is one thing; the implementation of the law is another."

Subedi conceded that some of the people he had met in Cambodia "outlined the economic and social benefits that land concessions have brought to Cambodia.

"They pointed to the jobs created, tax revenue generated and some associated benefits for communities in concession areas such as new roads, health posts and schools.

"Others, however, painted a different picture," he said, noting that "communities are often not aware when and how a concession is being granted near them.

"Nor do they know much about the company to whom the concession is granted, its track record, whether it is foreign or domestic, or even, in some cases, its name.

"My own assessment confirms this situation. Access to information is paramount."

Subedi added that communities had informed him that they are "rarely consulted by the authorities or businesses in a meaningful way (or indeed sometimes at all) on the impact of concessions on their lives and livelihoods."

As a result, "there is often no avenue for their concerns to be raised in a structured and meaningful way," he said.

At the same time, "all communities I encountered, and many more who provided written submissions, raised the issue of misconduct by concession companies or their subcontractors.

"This ranged from land grabbing and confiscation of livestock, destruction of homes and property, damage to burial grounds, and physical aggression and intimidation, including the use of firearms."

While in some cases authorities have held companies to account for their actions, "in many cases, there remains impunity for violations," Subedi said.

In some cases, he added, provincial officers, forestry officials or even police and military units allegedly protect companies and their concessions. "These allegations - which I have not verified - are serious and merit further investigation," the UN official said.