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1.
Introduction.
To
achieve the objectives of poverty reduction, economic development and good
governance. the government accords priority to the management of natural
resources, in which the management of land plays a leading role.
The
core program involves the development of the land policy and legal
framework for property rights, the beginning of systematic land
registration. the improvement of the management of State
land, grants of social concessions to the landless the reform of land
taxation, the establishment of land use planning procedures,
identification of the main economic zones for development and the
establishment of housing and resettlement policy.
2.
Achievements in 2001-2002.
Land
Policy and Legislation
The
enactment of the Land Law on 30 August 2001 sets a strong direction for
implementing and enforcing this program. It provide legal protection to
establish the security of land tenure. It provides a fundamental basis for
the reduction of land disputes. It facilitates land management by
clarifying the ownership regime for land and creating protection for state
property. To accompany implementation of the Land Law, and provide overall
guidance in the land sector, the Council of Land Policy approved an
Interim Land Policy Framework document in May 2002.
Other
complementary legal regulations for implementing the Land Law are being
prepared. Three sub-decrees have been approved during the past months of
2002: the sub-decree on functioning and organizing of the Cadastral
Commission (non-court dispute resolution), the sub-decree on sporadic
registration, and the sub-decree on the procedure for systematic
registration and creation of the Cadastral Index Map. During 2001
government has also issued a note about stopping illegal possession, and a
set of ministerial instructions (prakas)
regarding service fees for land registration.
Other
sub-decrees of the Land Law which are now beginning preparation are the
sub-decree on social concessions, the sub-decree on economic concessions,
and the sub-decree on reduction of areas of economic concession. The next
sub-decree to be finished will be the sub-decree on social concessions.
This will enable land distribution to more ahead at the same time as
improvements in land administration and land management. Ministerial
instructions on procedures for land dispute investigation and resolution
through the Cadastral Commission. procedures for implementing land
registration, and document management in the cadastral registry will be
completed soon. A policy document regarding land use planning at the
commune level is also under preparation to support the Governments
policy of decentralization.
To
implement these policies and fill remaining gaps, during 2001-2002, thanks
to the Japanese PHRD Grant the MLMUPC completed preparations for the
Land Management and Administration Project, which was made effective in
June of 2002. This multilateral project is supported by the World Bank,
the Government of Germany and the Government of Finland. It is based on
the pilot GTZ Land Management Project and the Cambodian Cadastral Project
supported by the Government of Finland. LMAP will focuses on five
components: i) development of land policy and legal framework; 2)
institutional development; 3) implementation of land titling and development of land
registration; 4) strengthening land dispute resolution; 5)
land management. LMAP will last for five years. It will cover 11
provinces and municipalities, involve about 800 staff and is expected to
issue titles to 1 million parcels. The first component includes a pilot
project on land distribution.
Land
Administration
Land
administration, land management and land distribution are intended to move
forward in parallel. In terms of land administration, the LMAP predecessor
projects have mapped and adjudicated 80.000 parcels. Of these, 40.000 have
been publicly displayed for verification. Definite title to 40.000 parcels
will be provided for 2002. The immediate focus of work is to issue titles
for lands which have already been mapped- and adjudicated.
Regarding
land dispute resolution, Government is now moving ahead to establish the
decentralized Cadastral Commissions at three administrative levels
(district, province. national), and will train the staff of the Cadastral
Commissions on procedures to solve land disputes. The Cadastral Commission
has a limited mandate and a preliminary right to decide about the
recognition of the lawful possessor of unregistered immovable property.
Land
Management
In
order to protect the environment and manage the use of the natural
resources for sustainable economic development, the government is involved
in creating an integrated
coastal
zone management system in the coastal area with support from Danish
Government. Activities in 2001-2002 focused on training personnel for the
coastal zone in land management techniques. Government is also initiating
the implementation of a pilot project on State land inventory in the
districts of Phnom Sruoch (Kampong Speu) and Chhouk (Kampot). In order to
support the decentralized Commune Councils, the central government intends
to promote land use planning at local levels. Currently the MLMUPC is
engaged in ongoing training about participatory land use planning
techniques (PLUP) in Kampot and Kratie. At the same time, the processes of
delimiting administrative commune boundaries and land use planning in the
area of high economic potential are under preparation. With the support of
LMAP an approach to land classification and mapping is now under
discussion with other institutions and partners. A draft Housing Policy
document has been prepared which focuses on the shelter needs of the poor.
Land
Distribution
Based
on the new Land Law the practice of possession through occupation is
legally ended. The possessions will be replaced by the provision of State
land to the user through social concessions for residential or
agricultural purposes. Currently, the Royal Government is preparing a
sub-decree to regulate social concessions and will hold consultations with
stakeholders about this issue in July and August 2002. LMAP will support a
study and pilot project on land distribution to help guide implementation.
In the meantime, measures are being taken to identify the private land of
the State for distribution to in both cases of social and economic
concessions. One of the first steps is the acquisition of new aerial
photography.
Institutional
Development
So
far 222 provincial staffs received training in cadastral techniques. At
the starting of LMAP project around 250 staffs will receive training on
the management and implementation of the project. To accompany the
dissemination of the Land Law, the staffs of the Cadastral Commission are
going to receive training on the procedures of land dispute settlement.
The program of training of trainers on the Land Law is ongoing with
technical assistance provided by the ADB. A new academic program called
the Faculty of Land Management and Administration will be created under
LMAP at the Royal University of Agriculture.
We
will apply the deconcentration principle of granting land registration
competence to the provinces which implement the project such as Takeo,
Khampong Thom, Kampot, Sihanoukville. We are involved in preparing a
procedure for the management of cadastral documents at the commune level.
3.
Next Steps 2002-2003:
Land
Policy and
Legislation:
During
2002-2003 we will continue to resolve outstanding policy issues in order
to realize a Comprehensive Land Policy Framework. The priority tasks to be
performed are:
» Draft of
social concessions sub-decree
» Draft of
sub-decree on economic concessions with Ministry of Agriculture. Forestry
and Fisheries.
» Draft of
sub-decree on reduction of economic concessions with Ministry of
Agriculture. Forestry and Fisheries
-
Ensure
harmonization of Land Law and natural resource laws.
-
Approve
policy document on Housing Policy for urban and rural areas.
-
Approve
policy document on Land Use Planning for Decentralized Commune Governance.
-
Preparation
of policy document for Resettlement Policy
-
Elaborate
Ministerial Instructions regarding:
» Procedure
for land dispute resolution
» Access
and storage of registry documents
» Procedures
of land registration
»
Land use planning for the
decentralized commune
Land
Administration:
In
the area of land administration the following tasks are priorities:
-
Implement LMAP programmed activity including
establishment of the project management systems. mobilization of human resources, procurement of equipment,
and selection of operational sites.
-
Elimination of backlog of land titles and
continuation of systematic land registration through LMAP.
-
Continue to provide title in the pilot
project areas where data is already collected, and make public display.
-
Expand systematic registration into new
areas.
-
Continue
to scan existing aerial photography for digital maps and acquire new
aerial photography.
-
Review
and strengthening of the sporadic registration system.
Land Management:
In the area of land management.
the priority tasks in the next year are the following:
-
Land use planning for Integrated Coastal Zone
Management in the coastal zone.
-
Implement the pilot project on land use
planning in the commune and establish guidelines on land use planning at the commune level.
-
Elaborate the criteria and instructions for
delimiting the actual administrative commune boundaries.
-
Continue training about participatory land use
planning (PLUP).
-
Implement
the pilot project on state land inventory in two Districts.
Land
distribution
In
the area of land distribution, the next steps are:
-
Carry out the studies and consultation for
drafting sub-decrees on social concession and develop procedure for
land identification from the pilot project on
State land inventory.
-
Initiate pilot project on land distribution
within LMAP.
Institutional
strengthening
Implementing
these reforms cannot occur without strengthening our institution and
building human resource capacity. To accomplish we will carry out the
following steps in the coming year:
-
Training staff for the project according to
the plan for the first five years (around 800 people).
-
Continue to disseminate the Land Law and
implement the training of trainers program about the Land Law.
-
Deconcentrate
the authority to the provinces which are implementing the project.
-
Establish
the Cadastral Commission at different levels. (staff, training, procedure,
equipment)
-
Strengthen
the office of Project Management at different levels.
-
Strengthen
the Secretariat of CLP.
4.
Conclusion.
The period 2001-2002 has been a time of
focused work to solve the land issues in Cambodia. The preparation and
discussion of previous years is now being realized in specific policies,
legislation and programs of action. Our efforts in land administration,
land management and land distribution are moving forward in parallel. Each
is necessary for the success of the others.
In
order to implement these steps effectively we are continuing to assess our
needs and priorities at each step. We see more clearly the scale of effort
required in each area. While our core program is now under implementation,
we will need the continued support from the international community and
other Cambodian partners to address evolving needs, such as the spatial
component of decentralizing governance, the complexities of urban
development, and the challenge of creating linkages between land and other
sectoral reforms.
The
steps we have already completed show that the government is committed to
economic development with equity, sustainability and good governance in
the land sector. By continuing on the current path, land management for
economic development with equity and sustainability will become
a reality in Cambodia.
Thank
you for your attention! |
