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

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.

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

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  1. Master’s Practicum:The Cambodia Land Law Implementation ProjectChannaly Oum, UM SNRE Resource Policy Master’s CandidateCo-advisors: Professor Julia Wondolleck, SNREProfessor Nicholas J. Rine, UM Law School

  2. The Royal Kingdom of Cambodiasource: ucatlas.ucsc.edu/asiacountries/ cambodia.html

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

  4. EWMI Land Project • Objectives: • Establish legal and regulatory framework to resolve land disputes • 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 • Provide training to strengthen implementation • Legal training and dispute conciliation training • Raise public awareness of Land Law

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

  6. Practicum Project • Land Law Implementation Project • Run by EWMI • Funded by Asian Development Bank • 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.

  7. Land Law • New Land Law promulgated in Aug. 2001 • Defines property • Makes distinction between public and private property • Allows for authorized concessions of state public property • Protects lands of indigenous ethnic minorities • Provides for abuse of power by authorities and for taking land by force • Establishes new Cadastral Administration within MLMUPC to address property issues

  8. Practicum Focus • Policy and legal analysis: • Classification of state public and private land • Overlaps with forestry and protected areas legislation • 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

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

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

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