Fabian Thiel

»This paper focuses on spatial planning, property arrangements, and public awareness of the “real” civil society for tenure security in a still “fragile” State of Cambodia. Land Tenure applies to State public/State private property and private property according to the Cambodian Land Law and the Constitution. The essential property form for public land management is State public property. This property must be interpreted in the future as the property of the Cambodian civil society (ownership) beyond the artificial political commitment created by donor’s funding (donorship). Having a common, hierarchic, participatory, and legally binding land use planning system for Cambodia in the future, the planning authorities at the national up to the communal level are able to guide and to restrict the use of land in order to protect and promote the public interest. Tenure security should not be mixed up with private property rights. Private land use rights should not be mixed up with private property rights. Private land use under conditions of tenure security is more efficient than State land use. That does not automatically require private property, but does require “secure land rights for all”. State public property with the guarantee for private use, e.g. via land leasing, combined with financial incentives for the people and with an innovative land tax could continuously help to create awareness within the Cambodian society for the current serious land use problems.
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