Land Conflict and Conflict Resolution through Cadastral Commission

Abstract
Secure access to land, water and related productive assets is basic to lasting solutions to hunger and poverty. It is has been widely recognized that most of Cambodians (around 85%) live in rural areas and depend on Cambodia’s land and natural resources for their livelihoods and subsistence. During the last five years a growing number of land conflicts in urban areas have taken place with sometimes severe effects on local dwellers, like forced evictions and destruction of informal housing. By one calculation, about 4% of the Cambodian population have been or involved in land disputes; this means that one in every twenty five households in Cambodia has been or is affected by land disputes.
Currently in the Kingdom of Cambodia, all land disputes are divided between the court and the Cadastral Commission. Disputes over registered land, means a land with any types of titles issued by cadastral administration and all contractual disputes over unregistered land such as succession dispute, sale/purchase contract, lease agreement and mortgages shall be subject to the competence of the court. Most lawyers remarked that decisions were linked to corruption in court proceedings, and led to violent evictions started through court decisions.
The Cadastral Commission has the mission to resolve the following conflicts related to unregistered immovable property (without any types of titles issued by the cadastral administration): (1) Disputes occurring outside adjudication areas and (2) Disputes arising within adjudication areas and that cannot be conciliated by the Administrative Commission. The Cadastral Commission has a preliminary right to decide about the recognition of the lawful possessor.
This paper discusses about the situation of land conflict and the conflict resolution through cadastral commission which was established in 2002. The cadastral commission is a new tool to resolve land conflict in Kingdom of Cambodia.

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Full paper: Mr. Phann Sithan: Land Conflict and Conflict Resolution247.49 KB