|UN Country Team Viewpoint -- Resettlement and Evictions|
UN Country Team in Cambodia
Cambodian Constitution and laws:
The Constitution of the Kingdom of Cambodia recognizes and protects the right of all citizens to own land. Article 44 provides that a person may only be deprived of his or her ownership of land where it is in the public interest, in accordance with the law, and where fair and just compensation has been provided in advance. This provision is reflected in Articles 4 and 5 of the Land Law 2001.
Article 30 of the Land Law 2001 states that a person has the right to request a definitive title of ownership if he or she enjoyed peaceful, uncontested occupation of land that can be privately possessed for 5 years prior to the promulgation of the law on 31 August 2001.
Article 31 of the Constitution incorporates into domestic law the human rights guarantees contained in the Universal Declaration of Human Rights and key human rights treaties. The Universal Declaration and the International Covenant on Economic, Social and Cultural Rights, to which Cambodia is a state party, both guarantee the right to an adequate standard of living, which includes housing and food.
The Committee on Economic, Social and Cultural Rights has issued two General Comments guiding the interpretation of the right to adequate housing, particularly in relation to the issue of forced evictions. The United Nations Special Rapporteur on the right to adequate housing has also issued a set of basic principles and guidelines on development-linked evictions and related displacement.
The following guiding principles are based on these two sources:
The present note has been developed and agreed by the United Nations Country Team in Cambodia. It reaffirms the following general principles and guidelines which define the responsibilities and obligations of the Royal Government of Cambodia with regard to urban and rural resettlement and evictions, and aims to guide United Nations support in this regard. This commonly agreed position is based on Cambodian law and international standards relating to land ownership, housing rights and forced evictions.
UN Speeches and Statements
UN Press Releases and Media Advisories
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