Developing the Equitable Resolutions of Land Disputes for the Commune Mediation Committee
Overall objectives
The main purpose of the project is to promote mechanisms for conflict resolution and mediation in Cambodia through building capacity of mediation skills, developing quality mediators within the local community and government authorities at local levels in which the providing the equitable resolutions of land disputes to the communities.
Specific objective
To promote alternative dispute resolution (ADR) as an effective means of achieving more rapid, peaceful, and equitable resolution of land disputes in Kampong Speu, Pursat and Battambang provinces.
This objective will be accomplished through mutually reinforcing activities under the objectives to provide essential tools and skills for the local government and NGO staff to better understand the main problems which usually arise in land conflict issues. The project also tends to reduce negative concepts and build peace models in the governmental authorities, as well as to improve working relationships and confidence among mediators who work to resolve land disputes in Cambodia, and establish a local mediation panel at each commune and district level to ensure the practice of mediation is well applied to the community’s needs.
Training Program
This course has been developed based on the real situation of conflict issues which are used through a variety of case studies and problem-solving scenarios in Cambodian context and the participants are trained by an experienced team of Cambodian trainers and practitioners.
Main Topics/Contents:
Module 1: Understanding conflict issues-Introduction to conflict situation, Presentation on experience of land disputes, Conflict compatibility, styles and characteristics and Theory of conflict.
Module 2: Analysing conflict situation-Tools of conflict analysis: Mapping, ABC triangle, and Conflict Trees.
Module 3: Integrating conflict intervention-Communication skills, Listening skills, Reframing skills, Negotiation and mediation skills, Role of mediators, Mediation framework, and Collaborative mediation.
Field Practicum Experience
Putting into practice the lessons learned from the training program called “Conflict Management and Mediation Skills” is an essential part of the course. In order to achieve these objectives and expectation, participants are expected to:
Advanced Training Course
An advanced training course will be held to reflect and build up further capacity for participants following the one-month practicum after the five-day training workshop.
The main topics for advanced training course include:
Establishment of Commune Mediation Committee
CCM in cooperation with Life With Dignity (LWD) have targeted with 25 stakeholders who came from LWD and different districts and communes of Kampong Speu, Pursat and Battambang provinces. Those target groups are selected from commune councillors, and cadastral commissions of provincial, district and communal authorities. The working approaches, structures and activities are aimed to enable community groups to explore their own issues of conflict situations, acceptance and understanding, as they work with the community people from different backgrounds. The project is also an opportunity for local communities and government authorities to start their new work on conflict mediation that respond to the community’s needs.
The commune mediation committees (CMCs) have been established under the supporting of LWD and mentoring and coaching by the CCM. The CMCs’ members are working with the the existing conflict resolution committee or in district cadastral commission (DCC), who have similar positions to the provincial or DCC officials so that they are able to engage in their mediation committee who can make the same decisions. The CMCs have established the Commune Office for Mediation (COM) that complement to the existing District Cadastral Commission (DCC). The CMCs are established in two communes at Phnom Sruch district, Kampong Speu province, five communes at Kravan district, Pursat provinces and one commune in Bavel district, Battambang province. The CMCs requested to the national government officially recognized and supported. LWD has scheduled a regular follow-up plan to monitor and evaluate the newly trained mediators who will work at field community and other target areas. CCM continues provide the trainings on the “Conflict Management and Mediation Skills” to the target groups such as village chiefs and commune councillors at local communities of the three provinces as mentioned above, and follow up and coach the mediator team to ensure the correct principles implementation and quality of mediation service.
Role and Functions of CMC
The numbers of commune mediation committee (CMC) exists in a form of 3-5 mediators at each commune and/or district office. 1)-The CMC has its functions to: facilitate and mediate small cases of conflicts related to land disputes at commune level and if it could not be resolved at the commune level, the case should be referred to the district level. 2) - The district mediation committee (DCM) has its functions to: facilitate and mediate general cases of land disputes at district level and find a binding solution agreed by both parties.
CMCs-Kampong Speu Province
Two CMCs were established in Tang Samrong and Dambouk Roung communes, Phnom Sruch district. The mediator team has currently practice mediation of a land dispute case in Khnong Krang village, Tang Samrong commune and other case on a land dispute between village chief and villagers in Sre Cheoung village, Dambouk Roung commune. The CMCs’ members had executed a mediation session concerning a disputed land heritage of two relatives, an uncle and his niece. The mediators were comprised of commune councillors and LWD coordinator. The mediation was successfully organized because both parties accepted the mutual agreement. The mediator team planned to mediate six cases of land disputes and the CMC members agreed to continue their work-plan.
CMCs-Pursat Province
Six CMCs were established in Leach, Pro-Ngel, Pteah Rong, Santre, Rokat, Samroung and Bak Chenhchean communes, Kravanh district. The mediator team has received three cases of disputed land in Phnom Krovanh district. In which, one case was successfully mediated and two other cases remained under mediation process. The mediators as a mediation commission were composed of commune councillors, cadastral officers and district deputy governor. The CMC’s members prepared an action plan for mediation practice during 2015. In which ten conflict cases are potentially identified as the major issues to be addressed in community. The CMC’s members agree to carry out their mediation sessions up to ten cases during twelve months.
CMCs-Battambang Province
One CMC was established in Boeung Pram commune, Bavil district. The mediators were comprised of 1st deputy and commune councillor and deputy of district cadastral committee. The CMC had practiced a mediation session of land dispute between two neighbouring villagers in regard to their different claim of a disputed agricultural land in Boeung Pram commune, Bavil district. After mediation, the initial party agreed to hand over a hectare land plot to the respondent party a signed agreement. The total disputed land size is measured as two hectare areas. The CMC prepared an action plan for implementation during the whole year of project. This work plan is set as a guideline for their mediation practice within the next step of mediation training conducted by CCM in partnership with LWD. The CMC is planned to accomplish at least six conflict cases in their community.
The main purpose of the project is to promote mechanisms for conflict resolution and mediation in Cambodia through building capacity of mediation skills, developing quality mediators within the local community and government authorities at local levels in which the providing the equitable resolutions of land disputes to the communities.
Specific objective
To promote alternative dispute resolution (ADR) as an effective means of achieving more rapid, peaceful, and equitable resolution of land disputes in Kampong Speu, Pursat and Battambang provinces.
This objective will be accomplished through mutually reinforcing activities under the objectives to provide essential tools and skills for the local government and NGO staff to better understand the main problems which usually arise in land conflict issues. The project also tends to reduce negative concepts and build peace models in the governmental authorities, as well as to improve working relationships and confidence among mediators who work to resolve land disputes in Cambodia, and establish a local mediation panel at each commune and district level to ensure the practice of mediation is well applied to the community’s needs.
Training Program
This course has been developed based on the real situation of conflict issues which are used through a variety of case studies and problem-solving scenarios in Cambodian context and the participants are trained by an experienced team of Cambodian trainers and practitioners.
Main Topics/Contents:
Module 1: Understanding conflict issues-Introduction to conflict situation, Presentation on experience of land disputes, Conflict compatibility, styles and characteristics and Theory of conflict.
Module 2: Analysing conflict situation-Tools of conflict analysis: Mapping, ABC triangle, and Conflict Trees.
Module 3: Integrating conflict intervention-Communication skills, Listening skills, Reframing skills, Negotiation and mediation skills, Role of mediators, Mediation framework, and Collaborative mediation.
Field Practicum Experience
Putting into practice the lessons learned from the training program called “Conflict Management and Mediation Skills” is an essential part of the course. In order to achieve these objectives and expectation, participants are expected to:
- Choose and assess an existing land dispute case received by mediation panel at work place or community.
- Join mediation committee to prepare this case, analyze and facilitate the conflict parties for acceptable agreement;
- Prepare and present the case to the trainers at field practicum;
- Join the training team to conduct mediation session at the office of the Cadastral commission at the commune or district.
- Present and share at least one conflict case to the advance training course.
Advanced Training Course
An advanced training course will be held to reflect and build up further capacity for participants following the one-month practicum after the five-day training workshop.
The main topics for advanced training course include:
- Reflection on land dispute resolution experiences
- Recommendation of mediation process and practice for the next step
Establishment of Commune Mediation Committee
CCM in cooperation with Life With Dignity (LWD) have targeted with 25 stakeholders who came from LWD and different districts and communes of Kampong Speu, Pursat and Battambang provinces. Those target groups are selected from commune councillors, and cadastral commissions of provincial, district and communal authorities. The working approaches, structures and activities are aimed to enable community groups to explore their own issues of conflict situations, acceptance and understanding, as they work with the community people from different backgrounds. The project is also an opportunity for local communities and government authorities to start their new work on conflict mediation that respond to the community’s needs.
The commune mediation committees (CMCs) have been established under the supporting of LWD and mentoring and coaching by the CCM. The CMCs’ members are working with the the existing conflict resolution committee or in district cadastral commission (DCC), who have similar positions to the provincial or DCC officials so that they are able to engage in their mediation committee who can make the same decisions. The CMCs have established the Commune Office for Mediation (COM) that complement to the existing District Cadastral Commission (DCC). The CMCs are established in two communes at Phnom Sruch district, Kampong Speu province, five communes at Kravan district, Pursat provinces and one commune in Bavel district, Battambang province. The CMCs requested to the national government officially recognized and supported. LWD has scheduled a regular follow-up plan to monitor and evaluate the newly trained mediators who will work at field community and other target areas. CCM continues provide the trainings on the “Conflict Management and Mediation Skills” to the target groups such as village chiefs and commune councillors at local communities of the three provinces as mentioned above, and follow up and coach the mediator team to ensure the correct principles implementation and quality of mediation service.
Role and Functions of CMC
The numbers of commune mediation committee (CMC) exists in a form of 3-5 mediators at each commune and/or district office. 1)-The CMC has its functions to: facilitate and mediate small cases of conflicts related to land disputes at commune level and if it could not be resolved at the commune level, the case should be referred to the district level. 2) - The district mediation committee (DCM) has its functions to: facilitate and mediate general cases of land disputes at district level and find a binding solution agreed by both parties.
CMCs-Kampong Speu Province
Two CMCs were established in Tang Samrong and Dambouk Roung communes, Phnom Sruch district. The mediator team has currently practice mediation of a land dispute case in Khnong Krang village, Tang Samrong commune and other case on a land dispute between village chief and villagers in Sre Cheoung village, Dambouk Roung commune. The CMCs’ members had executed a mediation session concerning a disputed land heritage of two relatives, an uncle and his niece. The mediators were comprised of commune councillors and LWD coordinator. The mediation was successfully organized because both parties accepted the mutual agreement. The mediator team planned to mediate six cases of land disputes and the CMC members agreed to continue their work-plan.
CMCs-Pursat Province
Six CMCs were established in Leach, Pro-Ngel, Pteah Rong, Santre, Rokat, Samroung and Bak Chenhchean communes, Kravanh district. The mediator team has received three cases of disputed land in Phnom Krovanh district. In which, one case was successfully mediated and two other cases remained under mediation process. The mediators as a mediation commission were composed of commune councillors, cadastral officers and district deputy governor. The CMC’s members prepared an action plan for mediation practice during 2015. In which ten conflict cases are potentially identified as the major issues to be addressed in community. The CMC’s members agree to carry out their mediation sessions up to ten cases during twelve months.
CMCs-Battambang Province
One CMC was established in Boeung Pram commune, Bavil district. The mediators were comprised of 1st deputy and commune councillor and deputy of district cadastral committee. The CMC had practiced a mediation session of land dispute between two neighbouring villagers in regard to their different claim of a disputed agricultural land in Boeung Pram commune, Bavil district. After mediation, the initial party agreed to hand over a hectare land plot to the respondent party a signed agreement. The total disputed land size is measured as two hectare areas. The CMC prepared an action plan for implementation during the whole year of project. This work plan is set as a guideline for their mediation practice within the next step of mediation training conducted by CCM in partnership with LWD. The CMC is planned to accomplish at least six conflict cases in their community.
