Urge the cambodian government to suspend the granting of economic land concessions and to undertake comprehensive land planning to ensure that cambodians rights to property, water and food are respected and that this type of economic development. The law refers to recognition of rights to land of persons who have had peaceful, uncontested possession of the land for a certain period of time. Ministry of land management, urban planning and construction, referring to the proposal of the prime minister of the kingdom of cambodia. The 2001 land law created the land registry system issuing cambodia land titles that remains in place today. The 2001 land law and subsequent subdecrees create the legal framework for granting. The land law included the area surrounding boeung kak lake. The cambodian land law 2001 lays the groundwork for communal land titling in indigenous communities.
Council for the development of cambodia cdc, cambodian investment boardcib, cambodian special economic zone boardcsezb. Law on amendment of law on investment of kingdom of cambodian, promulgated by preah reach kram, no. Article 44 of the constitution and article 5 of the land law 2001 provide legislative protections against the arbitrary expropriation of property, which can only be carried out in the public interest with prior provision of fair and just compensation. The 2001 land law incorporates a number of significant changes and enhancements and provides a better foundation for land administration. A land titling programme lmap was initiated soon afterwards, with extensive world bank and donor support. 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. 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.
Skp cambodia laws and regulations of kingdom of cambodia. Section ii summarizes cambodian land use practice and legislation up to 2012. Land and housing rights in cambodia office of the united. Management of communesangkat, art 48 2001, and law on administrative management of the. Law on the prevention of domestic violence and the protection of victims 2005 law on aggravating circumstances of the felonies 2001 constitution of. Pdf on oct 21, 20, fabian thiel and others published land law and planning law in.
From the mens perspective land can be classified as. Land rights programme, cambodia knowledge profiles giz. 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. The land law introduced three main land categories. Cambodia land title classifications explained, once and. Analysis of current cambodian legislation in regards to violence against women the following laws were analyzed. The cambodian human rights action committee chrac is. 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. It focuses on conflict between the land law of 2001 and the civil code of 2007. Assessing the impact of social land concessions on rural. Foreigner purchase and ownership of real estate in cambodia contents.
In 1989, a cambodian land law was passed and a revised version was issued in 2001 allowing private ownership of land. The ppskss concessions are in clear breach of article 59 of the cambodian land law 2001, which prohibits the issuance of land concession titles on several places relating to surface areas that are greater than 10,000 hectares in favor of one. Address house c38, street cheerfullness, sangkatterkthla commune, khan sensok, phnom penh capital canadia city, ratana plaza area, off russian blvd 50 meters. An individual may only be deprived of ownership if it is in the public interest, and only after the payment of fair and just compensation. Article 30 of the law stated that land continuously occupied without contestation for five years before 2001 could be claimed for documented private ownership. Foreigner purchase and ownership of real estate in cambodia. Ts 6m social aspects of land administration and land reform. The law on trade unions that was adopted on 4 april 2016 at the 6 session of the fifth legislature of the national assembly, was approved by the senate on 12 april 2016 at the 8 session of the 3 legislature of the senate, and was declared constitutional by the council of constitution per resolution no. Protections of individual and communal land rights in the law have also been ignored. Law and provision general department of taxation cambodia. Private ownership of land only became possible back in 1992 when the cambodian government passed the land law. Under both the cambodian constitution and land law of 2001, the state has the responsibility to protect the right to private ownership. Land law land law 2001 licadho cambodian league for the protection and defense of human rights maff ministry of agriculture, forestry, and fisheries moe ministry of the environment mlmupc ministry of land management, urban planning and construction moi. The land law of 2001 was a landmark statute intended to strengthen and protect the rights of ordinary cambodian landholders.
Financial law 2001, promulgated by preah reach kram, no. Pdf the cambodian peasantry and the formalisation of. The land law july 2001 aims to overhaul the distribution and management of the land in cambodia as well as protect property rights. Only cambodian natural persons or legal entities have the right to ownership of land in the. Land law was first promulgated in 1992 and was amended in august 2001 2001 land law. The council for the development of cambodia cdc land. Since then, more than two million cambodia land titles have been issued to cambodians. Covenant rights into cambodian domestic law, including the right to adequate housing. The implementation of cambodias laws on land tenure. The land occupied by the community of boeung kak, in the heart of the capital was excluded from this process. Here is the collection of cambodian lawscambodian land law which you will find them useful in your study and work.
The former was drafted by a world banksponsored team and introduced an australianbased system that emphasizes clarity and simplicity in land titling by recognizing ownership. English translation of the provisions of laws and regulations quoted herein is unofficial and any provision of the laws and regulations quoted herein shall be ultimately interpreted according to the official khmer versions. Amending necessary legal provisions of the 2001 land law and other relevant regulations in order to facilitate the implementation should also be necessarily taken into. Under the land law 2001, land concessions responding to an economic purpose may be granted to allow beneficiaries to clear the land for industrial agricultural exploitation of land. The kingdom of cambodia is an independent, sovereign, peaceful, permanently neutral and nonaligned state. The law gives foreigners the right to buy real estate at least one floor up due to the fact that owning land will still be banned. It is hereby promulgated the land law which was passed by the national assembly on july 20, 2001 during the sixth session of its. Understanding land ownership in cambodia phnom penh post. Land tenure and land titling open development cambodia odc. To date, however, this right has remained unrealized.
Cambodian citizens, public territorial collectives, public institutions, cambodianblic institutions, cambodian. Such changes cannot be made in isolation from the lessons and the legacies of the countrys history. The land law which was passed by the national assembly on july 20, 2001 during the sixth. Law on amendment to the law on investment in the kingdom. 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.
Land law 2001 the council for the development of cambodia. This law has the purpose to determine the objective of determining the regime of legal system for. During this time, the local sangkat issued soft titles to residents. In previous post, we talk about foreigners eligibility on buying condominiums in cambodia and what are the things to look out for but however, if your intention is to invest in real property such as buying grounded apartments or buying land in cambodia, the following options will show you how it is possible to buy almost anything in cambodia. Formalizing inequality inclusive development international.
No decision shall be made solely on the basis of the information provided herein alone. 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. This table of contents is not part of the land law itself, but has been. 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. Land law in the kingdom of cambodia emerald insight. The 2001 cambodian land law limits the total area of elcs that can be granted to a single entity to 10,000 hectares. Graph 1 process of property rights formalization under the land law 2001. Less than three months after the promulgation of the 2001 land law, the cambodian government clearly signaled its rural development intentions by awarding a 100,852 hectare concession in stung treng province to a company in the cambodian mong reththy group. Land law 2003 subdecree on eia process 1999 decree on state land lease or. The territorial integrity of the kingdom of cambodia. Holding land concessions far in excess of the legal limit under cambodian law. The 2001 land law of cambodia has been particularly signi.
Water and water resources law 1996 land law 2001 environment protection law 2005 national water resources profile. Despite the adoption of the new land law in 2001 and the establishment of the land management and administration project lmap in 2002, land problems have continued unabated. It is clear that the five subsidiary companies were registered in order to flout this limitation. Use of land shall be permitted to investor including concessions unlimited longterm leases and limited shortterm leases which are renewable in renewable in compliance with the provisions of the land law. This paper aims to describe the status of land reform in cambodia by looking at the background information, general approaches and basic types of land reform from the. Since 2001, when the land law was passed, the cambodian government has made progress in developing policy, regulatory and administrative frameworks for land management. The law on trade union cambodian human rights portal. In 2001, the new land law 2001 land law was passed to introduce and recognize various individuals private land rights including ownership right and surety.
This law is intended to notify the possession of all kinds of real estates in cambodia. General department of taxation, ministry of economy and finance. Only cambodian natural persons or legal entities have the right to ownership of land in the kingdom of cambodia. It is complemented by the policy on registration and right to use land of indigenous communities in cambodia 2009 and the subdecree on procedures of registration of land of indigenous communities. Draft laws national laws international laws sub decree on land concessions.
Introduction to cambodian law konradadenauerstiftung. A foreigner who falsifies national identity to become an owner of land in cambodia shall be punished as determined under article 251 of this law. Furthermore, the land law states that the cambodian government should be in charge of the distribution of land. According to cambodias 2001 land law, economic land concessions can be granted if the land is already classified and registered as state private land. 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 of its first legislature the whole meaning of which shall be as follows. 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. According article 9 land law 2001 an enterprise registered in cambodia, in. Cambodia is a kingdom where the king shall fulfill his functions according to the constitution and the principles of liberal multiparty democracy.
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