E/C.12/KHM/CO/1
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30.
The Committee is gravely concerned over reports that since the year 2000, over 100,000
people were evicted in Phnom Penh alone; that at least 150,000 Cambodians continue to live
under threat of forced eviction; and that authorities of the State party are actively involved in
land-grabbing. The Committee notes with deep concern that the rate of large-scale forced
evictions has increased over the last 10 years due to increased public works, city beautification
projects, private urban development, land speculation, and the granting of concessions over vast
tracks of land to private companies. It is also concerned about the lack of effective consultation
with, and legal redress for, persons affected by forced evictions, as well as the inadequate
measures to provide sufficient compensation or adequate relocation sites to families who have
been forcibly removed from their properties. It is also concerned over reports of violence during
the evictions, in some cases carried out by the police. The Committee notes with serious concern
the example highlighted on 6 May 2009, by the Special Rapporteur on adequate housing, over
the possible imminent eviction of "Group 78", who have been involved in a legal battle over
their land since 2004, as well as the forced eviction and threats of forced eviction in Sambok
Chap in Tonle Bassac, Mittapheap in Sihanoukville, Boeung Kak Lake, Dey Krahorm and Borei
Keila in Phnom Penh, among others. (art. 11)
The Committee urges the State party to implement a moratorium on all evictions
until the proper legal framework is in place and the process of land titling is
completed, in order to ensure the protection of human rights of all Cambodians,
including indigenous peoples. The Committee recommends that the State party
undertake urgent consultations with all stakeholders in order to reach a definition
of "public interest" to complement the 2001 Land Law and develop clear guidelines
for possible evictions. The Committee also urges the State party clearly to identify
the demarcation of State public land and State private land. The Committee
strongly recommends that the State party, as a matter of priority, undertake open,
participatory and meaningful consultations with affected residents and communities
prior to implementing development and urban renewal projects and to ensure that
persons forcibly evicted from their properties be provided with adequate
compensation and/or offered relocation that complies with the guidelines adopted by
the Committee in its general comment No. 7 (1997) on forced evictions and
guarantee that relocation sites are provided with basic services including drinking
water, electricity, washing and sanitation, as well as adequate facilities including
schools, health care centres and transportation at the time the resettlement takes
place. The Committee also draws the attention of the State party to the guidelines on
Development-based Evictions and Displacements (A/HRC/4/18), prepared by the
Special Rapporteur on adequate housing.
31.
The Committee expresses its deep concern about the culture of violence and impunity
prevalent in the State party and the repression of human rights activists defending economic,
social and cultural rights, particularly those defending housing and land rights. The Committee is
also concerned about reports that the court system has been used to legitimize forced evictions
and falsely prosecute housing rights defenders. (art. 11)
The Committee urges the State party to take all necessary measures to combat the
culture of violence and impunity prevalent in the State party, and for the protection
of human rights defenders, including indigenous leaders, peasant activists engaged