Programs & Events
Land Disputes and Abnormalities in Land Management in O'chrov Area
By Mr. Oum Layum, Rasmei Kampuchear Newspaper
1st place in CCJ/US Embassy 2008 Investigative Reporting Competition
(Prize: trophy and $1,100)
Banteay Meanchey Province
A large group of people with black face from the smoke of car tires that they burnt in protest attempt to grab their lands in Balelay village, which they said they had been occupying since 1991.
They shouted, "Better die than let those land plunders take our land using wealth and power. We have been living on this land for such a long time. Why they register our land in their name. PM Hun Sen, please find justice for us!!"
Land disputes are almost everywhere in Cambodia. There are problems with management of lands, especially lands not yet registered by cadastral authorities, lands registered by cadastral authorities abnormally, state lands managed improperly by competent and relevant officials. There are big abnormalities. For example, parties in dispute abuse the power of competent and relevant officials, collude, give bribes and act irresponsibly.
Land Disputes
Not only Poi Pet commune, in O'chrov district that has seen serious land disputes in Cambodia.
Mr. Om Som At, land issue project officer from LICHADO (NGO), said, "Land disputes are related to: 1/ Rising prices of lands, 2/Economic concession land granted by the Government based on GPS measurement, not actual mapping on the spot to find out about, for example, people's residential lands, farm lands, private lands and forest lands; 3/ One plot of land has certifications from more than one institutions, which leads to land dispute.
Mr. Lem Moa, 52, and Mr. Poa Yorn, 58, are farmers from Somrorng commune, O'chrov district. They have been ordered jailed by the court in connection with dispute over 900 ha of land involving 128 farmers but have been bailed out by authorities for land dispute resolution. The two men said, "The rich and powerful grab the lands of the poor and the weak at will in violation of the laws."
A group of widows that include Pich Bunthoen, 40; Sean Sok, 44, Kim Somban, 39; Tham Bunthin, 39 and Korn Koen, 39 (with one leg) had land dispute with Mr. Tin Oun, chief of K'bal Spean village. They were the victims of court order implementation on March 21, 2005. They said, "People are vulnerable to eviction from the place they are living on if they do not have proper land certificates to prove against the certificates of the parties in dispute."
Causes of Land Disputes
Mr. Sok Saret, Banteay Meanchey deputy provincial governor, said, "Most land disputes are related to land speculation. People value lands for their market price rather than for agricultural production, residence or site of production.
Mr. An Sum, Banteay Meanchey provincial governor, said on September 18, 2007, "There are many different causes of land disputes, such as movement from occupied lands; people move from lands and move back after a period of time when lands appreciate to claim lands from the new occupants. Other causes are occupation of public lands such as road lands, ponds, river and mountain sides, and instigation of poor people to occupy the lands of others.
Mr. Ly Sary, director of Banteay Meanchey provincial department of land management and construction, said, "Some rogue people claim to the lands of others and expect at least some compensation. They have the thinking, "The winner will get land, and the loser will get money." Some disputes involve many people who march and protest. There are also disputes over land not occupied until the passing of land law in 2001 where both sides have certifications from local government. Arbitrary in and out movement and arbitrary land occupation also cause land conflicts.
Mr. Sary also said, "Some unrelated institutions/units and powerful/wealthy people struggle for rights in issuing land certificates in violation of the law. Fallow lands that were previously unoccupied and have no clear demarcations often cause land conflicts which are not easily solved and take long time.
Mr. An Sum acknowledged that some local officials had issued land certificates wrongly and not following legal procedures.
One land speculator said, "Land has become a commodity and owners are tempted to sell their lands because of high prices offered."
One Cambodian investor said, "Some bad people collude with powerful officials to seek land concession for investment, but then they actually sell the lands encroaching on the lands of others nearby."
An official in the Council for Development of Cambodia who asked not to be named said, "The Government should not grant land concession up to tens of thousands of hectares to investment companies since these lands will eventually be sold. Good investors do not need such extremely big sizes of lands.
Ms. Pung Chhiv Kek, director of LICHADO (NGO), said, "There are three main causes of disputes. 1/ Improper or non registration of land occupation, its background and duration..etc by local authorities. Some cadastral officials have not followed the law in issuing land titles. 2/ Inadequacy of the court who, for example, has not strictly followed the 2001 land law and has not strictly followed legal procedures before passing the ruling on cases of titled lands in dispute. 3/ The Government has no control on land market leaving bad people manipulate land market.
Mr. Thun Saray, director of ADHOC (local NGO), said from his reports," Lack of additional laws causes increase in land disputes. Moreover, existing laws have not been properly applied. The State is supposed to manage all types of lands but has no plan and concrete measures in reserving lands or distributing lands to people whose number keeps increasing. According to ADHOC reports, 54% of lands have been appropriated and sold as private lands.
Competent officials, however, say that 10% of lands taken back from those illegal land grabbers is kept as public property and 36% is for development.
Land Management and Dispute in O'Chrov district
Since the opening of the Cambodian-Thai border gate in Poi Pet commune in the late 1990s, Poi Pet commune has seen dramatic increases in casinos, cross-border trade and services, and population. Along with this is the increase in land disputes. This area was formerly controlled by the military and lands were distributed in a way that one plot had more than one title. An association of 18 NGOs disseminated a report to that effect in August 2005.
Mr. Muong Vibol, director of land management office in O'chrov district, said, "Land disputes in O'chrov district, especially in the communes of Poi Pet, Nimit and O'bey Chorn, are caused by land distribution and occupation in the war time by parties in conflict. At that time, the military had control over land. Another cause is non regular use or occupation of lands resulting in the old occupiers and new occupiers claming to the same lands.
Another cause of land disputes is the repetition of issuing land certificates and titles for one plot of land to different people in different time by different competent officials who served in the areas at different times. Wealthy and powerful people are more likely to grab lands at the expense of the poor and the weak.
Commune chiefs, deputy commune chiefs and village chiefs in the communes of Poi Pet, Nimit and O'bey Chorn have wrongly issued land certificates in exchange for payment ranging from 20 000 Riels to millions of Riels for one certificate, said people and owners of unregistered lands.
Mr. Keo Sen, O'chrov district governor, said, "The disputes related to the issuing of land certificates in 1991 by the committee in charge of Poi Pet international border, under the Ministry of National Defense continue to the present time as the main cause. At that time, Poi Pet town was divided into control zones that had issued more or fewer land certificates.
Cambodian Development Research Institute (CDRI) reports that the number of Cambodian people with no land increases by 2% every year. In the year 1993-1994, landless people constitute only 2-3% and in 2007, the number increased to 15-20%. 4-5 million people in Cambodia have no farm lands.
Ms. Pung Chhiv Kek said, "As the price of land keeps rising, there are more and more people with land titles who come and chase people from the land they have been occupying."
Mr. Keo Sen, O'chrov district governor, said, "80% of land certificates issued by village and commune authorities overlap. Now the district authorities will not endorse the signature of village and commune chiefs before having done on-the-spot check."
Mr. Ros Saran, second deputy commune chief from FUNCINPEC Party, said, "There is problem of overlapping of land certificates issued by successive commune and village chiefs. Some certificates have no main registry at the commune office. Some certificates are issued by commune office without prior actual checking of lands."
Mr. Sok Tuon, Baleley village chief, said, "The village chief has issued certificates on background of people's occupation of lands, not land certificates. The use of occupation background certificates as land certificates has caused conflicts."
Mr. Siv Yoen, Poi Pet commune council member in charge of land issues, said, "Some people in this commune cleared and settled on the land. They have asked the commune office to certify this for them. They say it is expensive to approach the district office for certification. It is all the more expensive to have certificates from the Ministry of Land Management. Certification by the commune office costs 10,000 - 50 000 Riels and district office, 30 000 - 1,000,000 Riels.
Mr. San Seanho, Poi Pet commune chief, said, "Some rogue people have colluded with local officials for land certificates which they use to grab people's lands." Local authorities have issued illegal land certificates and now there are more land disputes in Poi Pet commune.
Mr. Duk Chhom, 49; Ms.Tuch Muy, alias Tith Sokhim, 39; Mr. Heng Ra, 31; Mr. Pheap Sokheng, 24 are the local people who were arrested by police who sent them to court for detention on September 31, 2006 in connection with land disputes with wealthy and powerful people.
In another case, 218 families who were occupying the 280 m by 220 m land in K'bal Spean village had dispute with the village chief over the land. Authorities recognized the village chief as the rightful owner of the land, not the 218 families who had been actually living on that land.
Consequences and Solutions
Mr. Ork Noarat, cadastral official in provincial land management department and member of secretariat of provincial cadastral office, said, "It is very difficult to deal with complaints without proof or witness and those who attempt to deceive us. Some complaints are sent from the upper leadership for solutions, without sending officials to study on the spot. Some complainants are not related to lands in dispute; just acting on behalf of others.
Ms. Chuon Chomrong, land issue project officer from ADHOC (NGO), said on October 20, 2008, "In August 2006, PM Hun Sen said that no one should be put in prison related to land dispute, both plaintiffs and defendants. But 30 persons have reportedly been detained related to land disputes."
Mr. Yas Guay, Special Representative of the UN Secretary General in charge of human rights in Cambodia, noted in 2006, "Land disputes affect people's living conditions, foreign investments, and reconstruction and development of Cambodia. Cambodia should prevent and solve land disputes problems so that people would live better. International communities and NGOs have provided advices and material support for solving these issues."
Mr. Im Chhunlim, Minister of Land Management, President of National Cadastral Authorities and Permanent Deputy Director of National Authorities for Land Conflicts Solutions, said in Banteay Meanchey province, on September 13, 2007, "The Government and all officials who work on land issues have tried hard to find solutions to land disputes and focused on three components: first, strengthening of land administration and management; second, effective settlement of land disputes, and third, implementation of concession lands, such as social concession lands and economic concession lands. The State has the policy of providing social concession lands to very poor people who are landless."
"We have taken legal and administrative actions against offenders who are normal people, traders and even political party members," he added.
The Government promotes land policy, laws, 6 sub-decrees and 18 texts under sub-decrees. Most of land disputes in Cambodia are solved based on "reconciliations". Conflicts over registered lands will be settled through court system.
Mr. Suon Siphat, Director of Secretariat of National Cadastral Committee and Under General Secretary of National Committee for Land Conflict Solutions, said in September 2007, "We are pushing for more effective measures and build more capacities for solving land disputes."
PM Hun Sen said that Cambodia would not have "Land Revolution like that before 1970."
The Government strengthens land management, promote land conflict solutions and registration of people's lands and defines State public lands, State private lands, economic concession land, forest lands..etc
Mr. Om Som At, ADHOC staff member in charge of land issues, said, "As the number of land disputes keeps rising, the Government should improve land management and fair land conflicts settlements. Offenders, especially Government officials, have to be severely punished according to the laws.
An official in cadastral committee said, "The chronic and complicated problems of land disputes are compounded by lack of funds, materials and transports for cadastral officials to do their work, unclear roles and responsibilities of commune office staff and officials concerned. There are also problems of low salaries, and lack of skills of cadastral workers.
The Government has often issued declarations that have no legal value for parties in land disputes. Such things should not happen with registered lands; things should be settled through the court system, a legal official said.
Some court rulings on land disputes are still abnormal or not fair. Investigations of facts are still biased and not independent. The court has the responsibilities in settling disputes on lands registered by cadastral services and cadastral committee has to deal with cases of conflicts of lands not yet registered with cadastral services. Contractual disputes over lands not yet registered with cadastral services will be settled by the court.
One official said, "Any bad person who incites land conflicts has to be arrested. Land laws and provisions on land management and land conflict solutions should be made more comprehensive and their dissemination should be promoted. Have land concession companies worked on land as per agreements? Land disputes are caused by people or improper paper work, so measures should be taken against bad people, paper work should be improved, additional laws and provisions should be made, and present high registration fees should be reduced.