Understanding land ownership in cambodia phnom penh post. It was significant because for the first time it recognised a new legal category of people, indigenous peoples or chuncheat daoem pheak. The new 2001 land law set in place a framework through which individuals can register their land and have their land recognised at the national government level. Law on providing foreigners with ownership rights in. This law has the purpose to determine the objective of determining the regime of legal system for immovable property rights ownership in the kingdom of cambodia in. Srs have raised concerns about discriminatory implementation of the law. According article 9 land law 2001 an enterprise registered in cambodia, in respect of which 51% orodia, in respect of which 51% or more of the shares are held by natural persons of cambodian nationality or by cambodian legal entities recognized pursuant to the laws of cambodia, may be the owner of land. Property ownership can now be secured by one of three forms of cambodia land title. The implementation of sporadic land registration achieved its present form when cambodia adopted the 2001 land law. The draft law as currently written could be used as legal cover for landgrabbing and for those who wish to exploit and personally profit from cambodias land and resources.
It was significant because for the first time it recognised a new legal category of people, indigenous peoples or chuncheat daoem pheak tech in khmer, and it also introduced the legal concept of communal land rights to cambodia. Cambodian began to reform the fisheries sector in 2001, which led to the redistribution of fishing. Pdf from arbitration in asia 2nd edition published. Land law 2001 the council for the development of cambodia. In 2001 the new land law came into effect, further strengthening an individuals right to property ownership. From the mens perspective land can be classified as. During this time, the local sangkat issued soft titles to residents. Law on the investment of the kingdom of cambodia this law is adopted by the national assembly in phnom penh on august 4, 1994 during the extraordinary session of the first legislature.
Cambodia land title classifications explained, once and. The khmer loeu are found mainly in the northeastern provinces of ratanakiri, stung treng, and mondulkiri. However, although the 2001 land law is problematic in some respects, article 23 does contain some measure of protection for the residential and cultivatable lands of indigenous peoples. Eight years have passed since the enactment of the 2001 land law, which established a framework for the recognition of land and property rights throughout cambodia. The owner of the immovable property also has the exclusive and extensive right to use, enjoy. This law regulates the administration and use of land. It is hereby promulgated the land law which was passed by the national assembly on july 20, 2001 during the sixth session of its. Economy of cambodia relies on three main sectors include agriculture, industrial and services. Gender equality and land law in cambodia fig congress 2010 facing the challenges building the capacity sydney, australia, 1116 april 2010 315 from the womens perspective land and any improvements represents protection, shelter, bonding, love, home, and care.
After three years of intensive consultations the new land law was passed 30 august 2001. The land law which was passed by the national assembly on july 20, 2001 during the sixth session of its second legislature and was adopted completely on the form and its legal substances by the senate on august, 2001 during the fifth session. The notable items of legislation that were passed during this period are the labour law 1997, the land law 2001, the law on commercial enterprises 2005, subdecree on the implementation of the amendment to the law of investment 2005, the law on. Moreover, cambodias abundant is natural resources such as land, forest. Private ownership of land only became possible back in 1992 when the cambodian government passed the land law. The land law of 2001, sponsored by the world bank, first created a registration system that made land ownership dependent exclusively on a central cadastral registry. The 2001 land law and subsequent subdecrees create the legal framework for granting elcs. Referring to the proposal of the prime minister of the kingdom of cambodia. Hard title, soft title and private ownership in coowned buildings. Indigenous peoples are not mentioned in the 1993 constitution of cambodia or any legislation pre. Community fisheries organizations of cambodia are an example of a modern commons was undertaken in august 2015.
The implementation of cambodias laws on land tenure. Summarizes the history of land law and its related institutions in cambodia and examines the implications of this history for the current state of land laws in the kingdom of cambodia. Communal land titles clt are issued to ipcs, while monastery land is registered in the name of the pagoda under the systematic land registration approach. Skp cambodia laws and regulations of kingdom of cambodia. Since then, more than two million cambodia land titles have been issued to cambodians. The reform of land administration is going forward with a program of systematic land titling which will involve issuing titles to all owners of land. Land law in the kingdom of cambodia emerald insight. Land law was first promulgated in 1992 and was amended in august 2001 2001 land law. The situation continues to improve, but the task of registering land in cambodia is complex and a challenging undertaking, especially when the majority of land ownership documentation. Regulatory framework for the land system in cambodia. Harmful effects of economic land concessions on poor. Lot as used here is a french word that means in this context exactly what is written here. The 2001 land law created the land registry system issuing cambodia land titles that remains in place today.
However, legal mechanisms and documentation may allow foreigners to fully control the purchase, sale and use of real property in which they have invested, and benefit fully from any profits they make. Most of the highland groups are monkhmer peoples and are distantly related, to one. Development of property law in cambodia, vietnam and china. A human rights analysis of economic and other land concessions in cambodia united nations commission on human rights, 21 st session, 11 october 2012, 9. A 2005 subdecree on elcs offers further legal protections for residents facing such. Chapter i general provisions article 1 governing scope. The land traffic law governs all road users in the kingdom of cambodia. Urban planning and construction mlmupc deserves much credit for the consultative process which it. Cambodia adopted a land law in 2001, but land titling remains incomplete, including slow progress issuing communal land titles to indigenous peoples. In 2002 the multidonor supported land management and administration project lmap was initiated in order to implement key parts of the law and further develop the legal framework. Since 1990, successive waves of foreign experts have introduced legal transplants into cambodia dealing with the possession, use, and ownership of land.
In 2001 the new land law came into effect, further strengthening an individuals right to property ownership and since then, many changes have been made in order to accommodate a more dynamic market that. Although the people just came to locate on land without recognition from the local authority, later on they could be accepted as members of villages since they acquired documents5 necessary. Land and title classifications as introduced in the 2001 land law, there are three main categories of land under the land classification systems in cambodia, namely private land, public state land and. It also provides for land ownership rights based on inhabitation. Challenges and opportunities of recognizing and protecting.
Its use in this law is derived from 2001 land law articles 175, 181 and 184 on coownership. Harmful effects of economic land concessions on poor cambodians released in november 2005 in 2001, the cambodian government instituted a new land law in part to standardize the awarding of economic land concessions which, hitherto, were governed by little legislation which, in. The owner of land may plant, develop and construct anything he or she wishes, unless it is against the law. Land law 2001 khmer law cambodia law khmer law books. Cambodia has 181,035 square kilometer area and population is about 14 million people. Ministry of land management, urban planning and construction, referring to the proposal of the prime minister of the kingdom of cambodia. The land law allows nationals of cambodia to privately own land, house, and company as long as it is not property that is prohibited by the law.
Cambodia has been undergoing a seemingly continual metamorphosis over the last 200 years. A brief history of cambodian property law ips cambodia. A land concession is a legal right established by a legal document issued under the discretion of the competent authority given to any natural person or legal entity or group of person to occupy a land and to exercise thereon the rights set forth by this law. Land management minister im chum lim awarded a community of ethnic minority banong in mondolkiri province a communal land tile to their ancestral land last week, only the eighth communal land title to be handed out since the 2001 land law made them available. Foreigner purchase and ownership of real estate in cambodia. Vggt voluntary guidelines on the responsible governance of tenure of land. Thailand and cambodia maritime disputes by captain somjade kongrawd introduction an acre of sea is worth much more than an acre of infertile land, if there is oil and gas. Clec presentation at sea customary land rights conference. The 2001 amendment to the land law especially aims to determine the regime of ownership for immovable properties in cambodia for the purpose of guaranteeing the rights of ownership and other rights related to immovable properties. The cambodia law services cls is a law firm primarily focused on complex legal issues concerning livelihoods, business and criminal law by offering litigating, mediating and consulting services as appropriate to promote justice, human rights and interests of prospective clients. Most alarmingly, the law creates felony criminal liability for any actions that violate the laws far reaching provisions.
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