COUNCIL FOR THE DEVELOPMENT OF CAMBODIA (CDC)


Resettlement and Rights or Project-Affected People

(I) Introduction Since the first term of the coalition government, from 1993-1998, Cambodia has been moving beyond the ravages of war to reconstruction and rehabilitation. The country has been able to obtain from many governments, multi-lateral development banks and other agencies assistance in the form of grants or loans. Some donor-funded projects can lead to negative impacts on poor people, in either urban or rural areas, who have to temporarily or permanently resettle from one place to other. For example, the ADB loan project to reconstruct Highway Nº1 from Phnom Penh to the Vietnam border has affected many thousands of families along this road. In addition, many projects currently being planned, including hydroelectric dams, city improvement and others, are likely to affect poor people. A recent survey of the Urban Poor Development Fund (UPDF) shows that in Phnom Penh there are 10 areas facing resettlement associated with 7,137 families requiring 248 hectares of land. A Technical Assistance Survey carried out by Legal Aid of Cambodia (LAC) asserts that along Highway N^º1 there are approximately 5,920 project-affected-people living in 1,184 dwellings, requiring the acquisition of approximately 201 hectares of land. According to the ADB’s Summary Resettlement Action Plan for Highways Nº 5, 6 and 7, there are about 11,474 people living in about 2,270 households that will be affected by the rehabilitation of these roads. COMFREY has reported that there are 500 families affected by road enlargements in two districts of Phnom Penh, namely Russey Keo and Deukor. The affected people face relocation of their homes, reduced income, loss of jobs, and loss of many opportunities for trade and employment. (ii) Key Issues No Comprehensive National Resettlement Policy A National Resettlement Policy has been drafted, but this document has not yet been adopted as a sub. Decree. Thus, Projects involving resettlement are implemented with inconsistent procedures. The affected people are often forced or Intimidated to move from their houses by local authorities without appropriate compensation or assistance. No Permanent Institutional Structure for all Levels A permanent institutional structure at central, municipal and provincial levels dealing with resettlement should be established to ensure efficient implementation because previous experiences show that the ad-hoc Inter-Ministerial Resettlement Committee (IRC) structure was only in place for specific but not all projects. Inadequate Human Resources The current lack of human resources can be remedied by training relevant government staff and officials to review, approve, monitor, and evaluate the resettlement process. Staff of NGOs can also be trained in general resettlement practices, with particular emphasis on monitoring and evaluation. The training should take place in the short and long term, as required. Lack of Access to and Dissemination of Information There is not enough access to or dissemination of information to affected people and other stakeholders. Affected people should be given the right to be consulted on resettlement options. All implementing agencies should issue clear guidelines on procedures for public participation and the involvement of affected people from project design to completion. These guidelines should be publicly announced. Procedures should be put into place through which affected people are fully informed of the compensatory packages due to them. (iii) Recommendations Royal Government of Cambodia The Royal Government of Cambodia should accelerate promulgation of the National Resettlement Policy, enacted as a sub-decree, and then enable its implementation by passing legal regulations covering all applicable projects. The RGC should develop and implement a Resettlement Plan (RP). The RP in Cambodia should include the actual number of affected people and extent of losses, the applicable policy and legal framework the processes needed for asset valuation, compensation, relocation, rehabilitation and environment protection, responsibilities in delivering and monitoring entitlements, cost, time frame for land acquisition and resettlement measures, and consultation with grievance mechanisms for the affected people. Donors, NGOs and Civil Society Donors should insist on transparency and accountability from the RGC on resettlement issues. The donors should play an important role as external monitors and watchdogs on all resettlement activities involved in their projects. NGOs and civil society should also monitor and evaluate resettlement activities in Cambodia. NGOs based in affected communities should be directly involved in resettlement issues at the local level. They should report to stakeholders, relevant NGOs and civil society and others about the actual situation of resettlement in Cambodia. \| Content\| Back \| Top \| Next \|