Master’s Practicum: The Cambodia Land Law Implementation Project Channaly Oum, UM SNRE Resource Policy Master’s Candidate Co-advisors: Professor Julia Wondolleck, SNRE Professor Nicholas J. Rine, UM Law School

The Royal Kingdom of Cambodia source: ucatlas.ucsc.edu/asiacountries/ cambodia.html

Client Contact: Patricia Baars Contact: Patricia Baars East-West Management Institute (EWMI) East-West Management Institute (EWMI) Provides services concerning legal and regulatory reform Provides services concerning legal and regulatory reform Rule of law Rule of law Enterprise restructuring Enterprise restructuring Projects in Central and Eastern Europe, the Soviet Union, the West Bank/Gaza Strip, and Cambodia Projects in Central and Eastern Europe, the Soviet Union, the West Bank/Gaza Strip, and Cambodia Projects in Cambodia: human rights and land issues Projects in Cambodia: human rights and land issues

EWMI Land Project Objectives: Objectives: Establish legal and regulatory framework to resolve land disputes Establish legal and regulatory framework to resolve land disputes Assistance in drafting sub-decrees and regulations Assistance in drafting sub-decrees and regulations Areas: resolution of land disputes, granting of land for residential and subsistence farming purposes, granting and regulating agro-industrial concessions Areas: resolution of land disputes, granting of land for residential and subsistence farming purposes, granting and regulating agro-industrial concessions Provide training to strengthen implementation Provide training to strengthen implementation Legal training and dispute conciliation training Legal training and dispute conciliation training Raise public awareness of Land Law Raise public awareness of Land Law

Background and Problem As a result of years of war and insecurity, foundations of development have to be restored. As a result of years of war and insecurity, foundations of development have to be restored. Land tenure is insecure Land tenure is insecure Land titles destroyed in civil war Land titles destroyed in civil war Most of land is not titled Most of land is not titled Consequences Consequences Abuse of power extorts land from the poor Abuse of power extorts land from the poor Disputes due to unclear jurisdiction Disputes due to unclear jurisdiction Lack of comprehensive land policy Lack of comprehensive land policy Private investment and aid donors discouraged from investing Private investment and aid donors discouraged from investing

Practicum Project Land Law Implementation Project Land Law Implementation Project Run by EWMI Run by EWMI Funded by Asian Development Bank Funded by Asian Development Bank Provides consulting advice to the Ministry of Land Management, Urban Planning and Construction (MLMUPC) and the Ministry of Justice. Provides consulting advice to the Ministry of Land Management, Urban Planning and Construction (MLMUPC) and the Ministry of Justice. Objective: to improve land tenure security in Cambodia. Objective: to improve land tenure security in Cambodia.

Land Law New Land Law promulgated in Aug New Land Law promulgated in Aug Defines property Defines property Makes distinction between public and private property Makes distinction between public and private property Allows for authorized concessions of state public property Allows for authorized concessions of state public property Protects lands of indigenous ethnic minorities Protects lands of indigenous ethnic minorities Provides for abuse of power by authorities and for taking land by force Provides for abuse of power by authorities and for taking land by force Establishes new Cadastral Administration within MLMUPC to address property issues Establishes new Cadastral Administration within MLMUPC to address property issues

Practicum Focus Policy and legal analysis: Policy and legal analysis: Classification of state public and private land Classification of state public and private land Overlaps with forestry and protected areas legislation Overlaps with forestry and protected areas legislation Issue of economic concession Issue of economic concession Research and work will contribute to drafting relevant legislation in state land policy paper to be developed by the Council of Land Policy Research and work will contribute to drafting relevant legislation in state land policy paper to be developed by the Council of Land Policy

Timeline of Tasks April-June 2004: April-June 2004: Finalize project definition Finalize project definition Secure funding and approval for opus change Secure funding and approval for opus change Logistical preparation Logistical preparation Review with advisor and supervisor Review with advisor and supervisor June-August 2004: June-August 2004: Internship, EWMI Internship, EWMI Sept.-Nov. 2004: Write-up of report November 2004: Production and presentation of practicum report December 2004: Expected completion of practicum

Resources Budget Budget Summer internship funding expected from the Doris Duke Charitable Foundation Summer internship funding expected from the Doris Duke Charitable Foundation Institutional Resources Institutional Resources UM SNRE UM SNRE UM Law School Center for International and Comparative Law, Program for Cambodian Law and Development UM Law School Center for International and Comparative Law, Program for Cambodian Law and Development