Phnom Penh Urban Poor Land Rights Project

Project of Assist Poor Communities in Phnom Penh to Obtain Beneficial Resolutions of Urban Poor Land Tenure Situations

(Covering the period of 01 April 2015 to 31 December 2015)

Background:

The Deutsche Gesellschaftfür Internationale Zusammenarbeit (GIZ) GmbH is commissioned by the German Federal Ministry of Economic Cooperation and Development (BMZ) to support the Cambodian land reform in selected fields. The GIZ support format is called Land Rights Program II (LRP II).

During the previous six months from August 2014 to January 2015, LAC worked in coalition with World Vision Cambodia (WVC) and CEDT in six poor communities in Phnom Penh, Khan Sensok, Sangkat Khmoun. (Sen Rik Reay, Sen Sousday, Sen Ponlor 1, Sen Ponlor 2, Sen Sabay and Samrong Meanchey). The residents in this area are settled illegally on state land and thus lack secure land tenure. LAC’s role included the explanation and advice on legal rights and options, assisting communities in developing strategies to improve their land tenure security, and to provide legal assistance as communities negotiate future tenure arrangements with the government. LAC also improved the communities’ understanding of their legal rights through training. LAC has been working to establish connections with the government to encourage solid steps in the direction of beneficial land tenure resolutions for the 6 communities.

Objectives

LAC shall work towards the following objectives within the duration of its contract:

  1. Up to six communities in Sangkat Khmounh, Khan Sensok, shall agree on a resolution for their land tenure issues, and shall begin implementing this resolution. LAC will provide specialised legal support to the Sen Sabay Community, because the Khan Sensok has suggested to the MPP that the Sensabay Community be selected for the minimum package as a pilot project.
  2. The three communities in Sangkat Phnom Penh Thmey, Khan Sensok, shall have their land registered with the relevant authorities.
  3. The concerns and needs of vulnerable women, children and youths in the 13 IS communities shall be addressed with the assistance of UPWD.  These groups shall be encouraged, primarily through legal education, to participate in the process of Circular 03, and to actively contribute their own ideas/concerns to the resolution of their land tenure situation.
  4. Members of the 13 IS communities shall be provided with quality legal support, specifically relating to their land situation.  Such legal support shall be conducted by LAC, with the primary aim of explanation about land rights of community members to understand their land tenure situation.

LAC shall work diligently and efficiently towards the above objectives, but also with the understanding that they comprise the broad and overarching aims of LAC’s work, and are in no way guaranteed to be achieved in their entirety, particularly since LAC has no authority to make a final and binding decision about the target community’s legal tenure status.

Tasks

LAC shall continue to work with the communities in Sangkat Khmounh, Khan Sensok, to resolve their land tenure situation.  In particular, LAC shall conduct legal education and training to all community members, with the purpose of building their capacity to participate in, and contribute to, the resolution of their situation.

LAC shall also work with 3 communities in Sangkat Phnom Penh Thmey to have their land registered. Pursuant to this, LAC shall cooperate with all relevant NGOs, including UPWD, CEDT and the authorities (in particular the land registration team within the Department of Land Management, Urban Planning, Construction and Cadastre).

LAC shall cooperate with UPWD to continue to provide its legal training to the paralegal teams, who have been chosen by UPWD from amongst the 13 communities.  This training shall focus on Circular 03, Social Land Concessions, Systematic Land Registration, and the Land Law 2001 more generally.

LAC has identified a number of issues that may interfere with the effective implementation of LAC’s work in the communities.  Specifically, there is a lack of space for all families to receive on-site upgrading, a lack of funds for the building of infrastructure, and the arduous process of converting public state land to private state land.  LAC shall cooperate with the government, local authorities, and any relevant NGOs, in its attempts to resolve these identified issues.  In particular, LAC will partake in the meetings of the Phnom Penh Sub-Working Group on Land Tenure, Housing and Community Infrastructure, once this this group becomes operational, to seek governmental cooperation and coordination in the matters above.  The overarching challenge faced by LAC in reaching its objectives appears to be a lack of cooperation from the local authorities and the government.  Their continued cooperation is crucial for the resolution of the communities’ land tenure situation, and LAC shall attempt, within all reasonable measures, to facilitate such cooperation.

All objectives/tasks to be performed by LAC are subject to be amended after the outcome of the proposed meeting between the MPP and GIZ.  Alterations to LAC’s activities/tasks under its contract with GIZ may be made in accordance with the results of this meeting.

The specific tasks to be performed by LAC in relation to its objectives are as follow:

  1. To continue to provide legal support and legal consultation to the nine communities in Sangkat Khmoun, Khan Sensok.
  2. To continue to work towards a legal strategy to resolve the land tenure issues of the Sen Sabay community.
  3. To support the submission of a proposal for agreed-on housing resolutions with secure land tenure for each of the six communities in Sangkat Khmoun, Khan Sensok.  LAC shall also assist the communities to monitor the progress of these submissions.
  4. To provide legal training and consultation to 13 paralegal team of the 13 communities in cooperating with UPWD (Kao Pi, Kaksekor, Borey Mittapheap, Borey Dermsrol, Borey Sentepheap, Roum Mit, Setrey Kleangsang, Kdey Takoy, Cheko, Cheko Thmey, Setrey Rongreng, Russey Sros, and Bako) and key persons of the nine communities in Sangkat Khmoun.
  5. To provide legal support and consultation to 3 communities in Sangkat Phnom Penh Thmey, Khan Sensok, during the process of land registration.
  6. To provide legal consultation/coaching to members of the 13 UPWD communities and nine communities in Sangkat Khmoun, and the relevant authorities, to broaden their understanding of land law.
  7. To provide reflection workshops for key members and the paralegal teams, following their provision of legal training to the communities.
  8. To provide legal training to local authorities (Sangkat Level) if the cooperation with MPP would start.
  9. To participate (or facilitate if required) in meetings with the authorities (Sangkat, Khan, Municipal level) relating to land registration and securing the land tenure/housing resolutions of the target communities in Sangkat Khmonh and Sangkat Phnom Penh Thmey, Khan Sensok.
  10. To cooperate in related activities with the relevant NGOs (UPWD, CEDT, WVC, CMDP, CVS etc.)

Time Frame and Reporting

The assignment will start April 01, 2015 and terminate December 31, 2015.

Activity Unit Working Days
A. Nine Communities in Sangkat Khmoun
A.1 Consultation
A.1.1 Define draft legal strategy/plan for an agreed-on housing resolution aimed at securing land tenure for the target communities. To submit proposals for up to six communities, in particular those communities residing on the canal. This work shall be performed in cooperation with the relevant NGOs (CEDT, WVC) and the communities themselves, through meetings with the communities, collection of relevant documents, and legal consultation.
A.1.1.1 Define draft legal strategy/plan for an agreed-on housing resolution for Sen Sabay Community. (Two days for collecting the ideas from community members and one day for first draft and orientation their ideas and one day for finalizing) 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

4 days
A.1.1.2 Submit and follow up proposals for six communities in cooperation with NGOs (CEDT and WVC)(3 days collecting and following information from 6 communities, 1 day follow up and meeting with the NGO partners and the authorities) 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

4 days
A.1.1.3 LAC provides legal consultation to nine community representatives at LAC’s office. 2 lawyers: 100%

1 legal assistant: 100%

1 Executivedirector: 30%

5 days
A.1.1.4 NGOs network at LAC’s office/ LAC participate with NGOs. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

2 days
A.2 Training
A.2.1 Conduct 2 training sessions for key persons relating to Circular 03 and Social Land Concessions. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

4 days
A 2.2 Conduct one reflection workshop on finding result of training provided by key persons after they have conducted its training to their members. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

1 day
A.2.3 Provide legal consultation/coaching to nine community members 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

10 days
A.2.4 Monitor the legal training of community members conducted by the key persons. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

5 days

 

B. Three Communities in Sangkat Phnom Penh Thmey
B.1 Consultation
B.1.1 Provide legal support to the members of three communities during the land registration process. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

5 days
B.1.2 Provide information to the communities about documentary support for land registration. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

3 days
C. Communities Assisted by UPWD (including four new communities (Srey Rongroen, Kdey Takoy, Bakou and 92, and the nine old communities)
C.1. Legal Training and Consultation
C.1.1 Conduct legal consultation to paralegal team/key persons of 13 communities. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

4 days
C.1.2 Provide legal consultation/coaching to the 13 IS community members. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

13 days
C.2 Training
C 2.1 Provide three training sessions for key persons /paralegal teams related to land rights under C.03, Social Land Concessions and Land Law 2001. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

6 days
C.2.2 Unify the curriculum for key persons/ paralegal teams.(Two days for collecting ideas from paralegal team about lesson C. 03 and Social concession land, one day for finalize the lesson for them to provide these lessons to members) 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

3 day
C 2.3 Conduct one reflection workshop on finding the result of training provided by the paralegal teams after they have conducted its training to their members. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

1 day
D. Provide legal training to local authorities (Sangkat level) if the cooperation with MPP would start.
D.1 LAC shall provide legal training to local authority 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

2 day
E. Facilitating a cooperative relationship with the Municipality of Phnom Penh
E.1.1 Participating in (or facilitating if required) formal and informal meetings between the local authorities (Khan Sengsok, Sangkat Khmoun), the communities and all relevant NGOs, aimed at finding adequate resolutions for the land situations of all target communities.

E.1.1.1 LAC shall conduct formal and informal meetings between local authorities and NGOs.

LAC shall also participate in the meeting with the sub-group on Land Tenure, Housing and Infrastructure.

2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

7 days
E.1.2 Attempt, within reason, to obtain the permission letter from the MPP. 2 lawyers: 100%

1 legal assistant: 100%

1 Executive director: 30%

1 day
TOTAL 2 lawyers: 100%

1 legal assistant: 100%

1Executive director: 30%

80 days