Land and Housing Rights in Cambodia Parallel Report 2009

ABSTRACTED FROM THE CONCLUSION: The absence of secure tenure and resulting forced evictions represent clear violations of Article 11 of the Covenant with respect to the right to adequate housing by the Cambodian Government. The absence of a comprehensive legislative framework and the failure of other mechanisms to guarantee tenure security, including an independent and effective court system, constitute a failure of the Government to fulfil its Covenant obligations. The arbitrary and often violent evictions that occur in the absence of suitable procedural protections such as genuine consultation, the provision of adequate compensation and the opportunity for legal remedies, constitute a violation of the immediate duty to prevent illegal forced evictions. Furthermore, the Government is failing in its obligation to protect against forced evictions by third parties, including private individuals and companies. The poor conditions at resettlement sites constitute a failure by the Government to fulfil minimum core obligations of the components of right to adequate housing for those subject to resettlement.