Cambodia: VEIL II-01/Ratanakiri Province

Date Filed
10 Feb 2014
Status
Open
Phase
Dispute Resolution (DR)
Country
Cambodia

Case Tracker

Eligibility
Eligibility
Assessment
Assessment
Dispute Resolution
Dispute Resolution
Compliance
CURRENT Status
Mediation (DISPUTE RESOLUTION)

Complaint Overview

Complainant

Households living in Ratanakiri Province 

Concerns

Loss of land, water concerns, child labor, information disclosure, community consultation and due diligence

Cross-Cutting Issues
Risk Management Labor Community Health and Safety Land Resettlement Biodiversity Indigenous Peoples Cultural Heritage Land Water Children Women Coercion Violence / Abuse Loss of Livelihoods Private / Personal Property Damage Access to Information Policy Migrant Workers Resource Efficiency Climate Change Impacts

Project Information

Region
East Asia and Pacific
Institution
IFC
Name & Number
VEIL II 20926
Company
Dragon Capital Group
Sector
Financial Institutions
Department
Finance and Markets
Category
FI
Commitment

Quasi-equity US$16.4 million

Synopsis

Project Overview

Vietnam Enterprise Investments Limited (VEIL or the Fund) is a closed-end investment fund which has been in operation since 1995.  The Fund has a capital base of just over US$500 million  and is managed by Dragon Capital Management Ltd., a subsidiary of Dragon Capital Group (DCG).  IFC has invested US$16.4 million in the Fund. The Fund aims to invest in publicly or privately issued securities of Vietnamese companies, with the stated aim to provide incentives for the development of Vietnamese capital markets by increasing liquidity of Vietnamese securities. One of the companies DCG invests in through the Fund is Hoang Anh Gia Lai (HAGL). 

Complaint

In February 2014, local members from 17 villages in Ratanakiri Province in Cambodia lodged a complaint with CAO, with the support and assistance of five Cambodian civil society organizations (CSOs). The complaint raised a range of environmental and social concerns about HAGL’s Cambodia operations, including impacts on water sources and fish resources, loss of land, lack of compensation, lack of information disclosure and engagement with the people, threat to spiritual, cultural, and indigenous practices, as well as use of child labor. The complaint alleged non-compliance with IFC policies and procedures and with Cambodian laws.

Action

In May 2014, CAO conducted an assessment. During this process, the parties agreed to engage in a voluntary CAO-led dispute resolution process, and the case was transferred to CAO’s Dispute Resolution function. The Assessment Report is available in English and Khmer.

In March 2015, the parties adopted a mediation agreement (available in English & Khmer) and began issuing joint statements to report on progress. Between 2016 and 2018, several joint statements recorded agreements with affected villages, both within and outside HAGL’s concessions. These included commitments not to clear additional land, to carry out joint field visits to identify and demarcate land, to establish a grievance mechanism, and to address issues related to community land.

Joint field visits were conducted with community representatives, government officials, CSOs advisors, and CAO to identify disputed areas, with support from a government working group. Additional agreements were reached over time, including the return of spirit mountains, restoration of water sources and roads, and verification of land boundaries. Where company development on community land was identified, HAGL agreed to negotiate compensation or return the land.

In January 2019, HAGL withdrew from the CAO-led process and sought to resolve remaining issues through the government. At the government’s request, CAO continued monitoring the implementation of land return agreements.

In late 2019, the parties indicated willingness to re-engage. In January 2020, CAO issued a Progress Report (available in English and Khmer) summarizing the dispute resolution process and actions taken.

In February 2020, given the overlap of parties involved in the mediation and the issues under discussion, the case was merged with the Cambodia: VEIL II-01/Ratanakiri Province case / Cambodia: TPBank and VPBank-01/Ratanakiri.

In June 2024, the parties signed a Memorandum of Understanding, agreeing to return over 700 hectares of land to affected communities and to address remaining issues, including compensation related to an additional area of land.

CAO continues to facilitate bilateral and joint meetings between the parties, as well as with the Government of Cambodia, as part of the dispute resolution process.

Status

The cases is in dispute resolution.

Case Documents

  • Complaint, Assessment & Dispute Resolution

    Complaint
    Letter of Complaint
    Feb 10, 2014
    English
    Letter of Complaint
    Assessment Report
    Assessment Report
    May 01, 2014
    English
    Assessment Report
    Assessment Report
    May 01, 2014
    Khmer
    Assessment Report
    IFC Response to CAO Assessment Report
    May 26, 2014
    English
    IFC Response to CAO Assessment Report
    Agreement(s)
    Ground Rules Agreement
    Jan 12, 2015
    Khmer, English
    Ground Rules Agreement
    Joint Statement: Ground Rules
    Mar 09, 2015
    English, Khmer
    Joint Statement: Ground Rules
    First Joint Statement
    Jan 01, 2016
    Khmer, English
    First Joint Statement
    Second Joint Statement
    Jul 01, 2016
    Khmer, English
    Second Joint Statement
    Third Joint Statement
    Jul 01, 2017
    English, Khmer
    Third Joint Statement
    Fourth Joint Statement
    Mar 01, 2018
    Khmer, English, Vietnamese
    Fourth Joint Statement
    Joint Statement (Group 1)
    Jul 01, 2015
    English, Khmer
    Joint Statement (Group 1)
    First Response Letter to Group 1, HAGL CEO
    Jul 06, 2015
    English, Khmer
    First Response Letter to Group 1, HAGL CEO
    Second Response Letter to Group 1, HAGL CEO
    Jul 20, 2015
    English, Khmer
    Second Response Letter to Group 1, HAGL CEO
    Joint Statement (Group 2)
    Sep 01, 2015
    Khmer, English
    Joint Statement (Group 2)
    Response Letter to Group 2
    Sep 07, 2015
    Khmer, English
    Response Letter to Group 2
    Joint Statement (Group 3)
    Sep 01, 2015
    Khmer, English
    Joint Statement (Group 3)
    Progress Report
    Jan 01, 2020
    English
    Progress Report
    Progress Report
    Jan 01, 2020
    Khmer
    Progress Report
    First Communiqué
    Mar 01, 2015
    English
    First Communiqué
    First Communiqué
    Mar 01, 2015
    Khmer
    First Communiqué
    Second Communiqué
    Mar 01, 2019
    English
    Second Communiqué
    Second Communiqué
    Mar 01, 2019
    Khmer
    Second Communiqué
    Progress Report (Summary of CAO Assessment)
    Jul 01, 2016
    English
    Progress Report (Summary of CAO Assessment)
    Progress Report (Summary of CAO Assessment)
    Jul 01, 2016
    Khmer
    Progress Report (Summary of CAO Assessment)
    Communiqué: Agreements Reached through Mediation between Local Communities and Company
    Nov 12, 2015
    English
    Communiqué: Agreements Reached through Mediation between Local Communities and Company
    Communiqué: Agreements Reached through Mediation between Local Communities and Company
    Nov 12, 2015
    Khmer
    Communiqué: Agreements Reached through Mediation between Local Communities and Company
    Memorandum of Understanding
    Jun 15, 2024
    English, Vietnamese, Khmer
    Memorandum of Understanding
  • Close Modal

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