CAMBODIA'S LAND DISPUTE AUTHORITY: WILL IT WORK?

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000493

SIPDIS

SIPDIS

STATE FOR EAP/MLS; GENEVA FOR RMA

E.O. 12958: DECL: 03/13/2016
TAGS: PGOV KDEM EAGR KJUS CB
SUBJECT: CAMBODIA'S LAND DISPUTE AUTHORITY: WILL IT WORK?


Classified By: Pol/Econ Chief Margaret B. McKean, Reason 1.4 (b) and (d
)


1. (C) Summary. The recently proposed national land
dispute authority comprised of officials from ten ministries,
representatives from the three political parties, and NGO
representatives remains a work in progress and has already
generated controversy. Three NGOs invited to participate
have declined, citing the need to protect their role as
independent watchdogs. Sam Rainsy has defended the planned
National Authority on the grounds that it has the potential
to become an institutional solution for resolving Cambodia's
intractable conflicts over land. Other NGOs have indicated a
willingness to participate; some, like LICADHO, have said
that NGOs should form their own grouping and consult with the
new Authority but not participate as members. Kem Sokha of
the Cambodian Center for Human Rights and other NGO reps will
meet with the Prime Minister on March 15 to discuss land
issues. End Summary.

New Land Dispute Body
--------------


2. (U) On February 26, the Cambodian government issued a
royal decree establishing a National Authority for Land
Dispute Resolution, headed by Deputy Prime Minister Sok An as
the PM's representative. Also included in the new body are
15 officials from ten different Ministries, Secretary General
of the Cambodian Development Council (CDC),a representative
of the Council of Ministers, a government attorney,
representatives of the SRP and FUNCINPEC, and an unspecified
number of NGO representatives. The actual composition of the
National Authority will be determined by a future sub-decree,
as will the organizational structure of the General
Secretariat of the Authority (which will be housed at the

SIPDIS
Council of Ministers).


3. (U) The duties and responsibilities of the Authority
will include educating the public as to the consequences of
illegal land seizures, investigate and resolve land disputes
-- particularly those cases that are beyond the political
capacity of the National Cadastral Commission (which has the
legal authority to resolve land disputes),monitor the
resolution decisions of the Cadastral Commission, and prepare
reports to the Prime Minister regarding land dispute
decisions. The roles and responsibilities of the General
Secretariat receive and vet cases based on complaints,

SIPDIS
conduct field visits, arrange the meetings and take minutes
for the National Authority, maintain documents related to
land disputes, submit records to relevant courts if
requested, and publicize resolutions decided by the National
Authority.


4. (C) On February 9, Sam Rainsy said that he was prepared
to join and support the National Authority, at least
initially. The proposed body could be a viable institution
for resolving the most contentious and politically difficult
of the land disputes -- the estimated 25 percent that the
National Cadastral Commission refuses to touch. Rainsy said
that the Commission has a backlog of over 1,800 cases -- an
impossible workload and one that requires the formation of
another body empowered to make tough decisions. Rainsy was
dismissive of NGO leader Kem Sokha for rejecting an
invitation to work with the National Authority and instead
requesting a meeting with the Prime Minister to discuss
resolution of land issues. Rainsy insisted that Cambodia's
democrats should be seeking institutional improvements to
improve the democratic framework of the government. The
opposition leader said that Cambodia's NGO community needs to
move beyond simply fulfilling an adversarial role in the
society, and work with the government on occasion when its in
civil society's interest. Rainsy noted that if the group is
simply a front for giving the appearance of high-level
government attention to land disputes, but is powerless to
make decision, then he will be among the first to leave.
Until that time, however, he believes that the opposition as
well as civil society should take advantage of these openings
with the government to further the democratic reform agenda.


5. (C) On February 12, PM senior advisor Om Yentieng told
us that the Prime Minister planned to meet with Kem Sokha and
about 10 other NGOs on March 15 to discuss land issues. CCHR
later confirmed that the NGOs will meet with the PM at the
latter's residence on the morning of the 15th; the group of
NGOS reportedly met on February 13 to discuss their agenda
and how best to consult with the government on land disputes.
Om Yentieng said he will continue to work with Sam Rainsy on
several existing cases, as he has done already in the
complaint lodged by some businessmen in Kampong Thom.

PHNOM PENH 00000493 002 OF 002




6. (C) An international advisor to the Community Legal
Education Center (CLEC) told Pol/Econ Chief on February 10
that CLEC leader Yeng Virak was disappointed that Kem Sokha
and others initially rejected the invitation to work with
National Authority. He said that Virak and other NGO leaders
had planned to meet to discuss the invitation and proposed
work of the National Authority; instead, Kem Sokha and
several others made their decisions to reject the invitation
and spoke with the press before conferring with the other
NGOs.

Comment
--------------


7. (C) Land disputes are a growth industry in Cambodia, as
borne out by the National Cadastral Commission backlog
estimates. The government seems eager to enlist the
opposition in dealing with these thorny issues. If the
opposition can score some success with the new authority, it
could give the opposition a political boost. At the same
time, there is a danger that the new authority could get
bogged down in controversial, complex land disputes. End
Comment.
Mussomeli