Land dispute in Phnom Penh

28 April 2009
By Nhim Sophal
Cambodge Soir Hebdo
Translated from French by Tola Ek
Click here to read the article in French

A group of about 50 people coming from the Reak Reay community were received by the boss of the Canadia Bank on Tuesday morning. The group was protesting in front of the bank headquarters. However, the meeting did not reach any agreement because Pung Kiev Se, director of the Canadia Bank, said that he couldn’t make any decision without prior approval of the administration council.

The construction site involved – known under the name of “Bassac Gardens” – is a real estate development project on a plot of land occupied by 222 families from the Reak reay community.

Currently, 54 families are still protesting. They demand for $30,000 in compensation before leaving the location, whereas the Canadia Bank was only willing to offer $20,000.

“We suggested to the [Bank] management to remove the fence built around the plot without authorization, and to continue to negotiate directly with the residents without resorting to the local authorities,” said Bunthat, one of the residents received by Pung Kiev Se.

The Canadia Bank management promised to think about the problem caused by the fence which disturbs the daily life of the residents. Am Sam Ath, an investigator for the Licadho human rights group, believes that the Reak Reay case is not that different from other land dispute cases, and he said that the residents will have a hard time protecting their land.

With looming evictions, families haunted by an uncertain future

Suon Davy, who has HIV, stands by her home in Borei Kelia. She worries how she will survive at a relocation site far from the city. (Photo by: CHRISTOPHER SHAY)

Thursday, 23 April 2009
Written by May Thittara And Christopher Shay
The Phnom Penh Post

"We are so sad.... now they will move us again to a faraway place."

Hundreds of families across Phnom Penh say they will be forcibly relocated soon, and unanswered questions about their future have left many frightened and depressed.

MORE than 228 Phnom Penh families whose homes were burned down in a suspected arson near Sovanna Market on the night of April 15 say they are not being allowed to rebuild their homes - a clear sign, they say, the city will be kicking them off their land.

These families are not alone in their predicament. At least 37 families living near the Lycee Francais Rene Descartes, 32 families in the Borei Keila community, 219 families in the Rik Reay community and 475 families in Trapaing Chhook village in Russey Keo district all say their evictions are imminent.

The nearly 1,000 families facing eviction in these areas represents only a fraction of the total number, a local rights group says.

Since 2004, Cambodia has evicted 15,000 families, said Ouch Leng, an investigator at rights group Adhoc.

Community members from each of the five villages say the uncertainty of their future has left their communities dejected and frightened.

"We are so sad because they have moved us three times already, and now they will move us again to a faraway place," said Penh Sim, the deputy chief of the community in Borei Keila where at least one person in every family requires anti-retroviral treatment for HIV/AIDS.

Sok Chenda, 54, who expects to be forced off her land near the Lycee Francais Rene Descartes in the next few days, said, "I am really worried about the situation at the new place because we don't know about the conditions of the land."

Many villagers facing eviction say they are willing to start over but only if they can be sure they will be safe, healthy and able to make a living in their new location. In Tomnup Toek commune near the Sovanna Market, even some residents who have lived there since 1996 said they would be happy to move under the right conditions.

So Vor, 37, estimated "70 percent of residents would volunteer to move if the authorities gave them a new place with a house".

Residents admit that the living conditions in some of these communities are bad. The area of Borei Keila with the HIV-affected community, for example, periodically floods with over 40 centimetres of polluted water, say villagers.

But at the moment, no one is sure their new homes will be any better.

In a similar case to last week's fire, the day before Khmer New Year in 2008, a fire destroyed an entire community in Russey Keo district. After moving to nearby Trapaing Chhook - a makeshift ghetto of shelters made from rubbish and leftover construction material - the community remains in limbo.

"What will they do for us?" Sour Menhour of Trapaing Chhook village asked.

"I want to ask permission from the authority to construct real houses. We cannot wait any longer because it is hard to live here during the rainy season," he said.

Chan Bunthol, a former high school teacher from Rik Reay community, said he lost his job as a result of the eviction process. He refused to leave home, fearing the development company would destroy it if he left.

Ouch Leng said when the Rik Reay community is moved, they will still face uncertainty, because they will continue to "live under the threat of eviction at the new site".

Mann Chhoeun, the deputy governor of the Phnom Penh Municipality, defended the city's relocation process, saying, "The city has succeeded so far in relocating people to the outskirts of the city, and [as a result] people have changed from drinkers to good men, from poor to rich and from homeless to homeowners with land titles."

The deputy governor said the city has relocated 43 communities and that all of them have good infrastructure and clean water.

But Sour Menghour from Trapaing Chhook says he has heard government assurances before and been disappointed.

"They promised us they would construct a new and wide road, drainage systems and divide the land for each family, but the government has so far kept quiet," he said.

Suon Davy, 41, who suffers from HIV and lives in Borei Keila, said that her community will be moved to Tuol Sambo village in Dangkor district and that it is worse than the squalid conditions she currently lives in.

"How can we live? It is about 25 kilometres from the city, doesn't have clean water, floods and lacks electricity," she asked.

In these communities, the uncertainty of relocation has left many constantly worrying about what comes next.

"We always think about our struggles in the future," Touch Yeum, the village chief of the community near the Lycee Francais Rene Descartes, said, echoing the fears of hundreds of Cambodians in similar circumstances.

Development Must Mean Compensation: Expert

Am Sam Ath, an investigator for Adhoc, on 'Hello VOA' Monday.

By Kong Sothanarith, VOA Khmer
Phnom Penh
10 April 2009

Evictions in Cambodia are not resolved at a scale equal to the development of Cambodian, a rights activist said Monday, at a time when yet another community in Phnom Penh is facing eviction.

Residents of Reak Reay say they are will be uprooted from their home in the Tonle Bassac commune of central Phnom Penh.

While “development is good,” authorities must also meet the needs of the people, said Am Sam Ath, an investigator for the rights group Adhoc, as a guest on “Hello VOA.”

“Residents wish that authorities will develop [further] by balancing the interest of the villagers with the interest of the company or state,” he said.

“We can see during each eviction people crying, and they don’t want to leave their location,” he said.

Out of 209 Reak Reay families, 150 have agreed to leave the site new construction for Canadia Bank.

Families bought the land from the military after 1999, and Cambodian law stipulates residency of property after possession of five years, he said. But since 2006, the families have been facing pressure to leave. More negotiations with the city are expected after the Khmer New Year.

“Article 44 of the constitution says that the property of someone can be withdrawn for the interest of the public, and the owner must have reasonable compensation,” he said.

Pressuring people to leave constitutes an abuse of human rights, he said. “Authorities must remain in a neutral stance and serve the interests of both residents and investors.”

Phnom Penh’s rapid development has left the outskirts—where many displaced families end up—without infrastructure.

“They cannot find jobs or school for their children,” he said. “They must come to Phnom Penh and rent a house to work a job.”

Not-so-happy community [... thanks to the Canadia Bank]

A resident of Phnom Penh's Rik Reay, or Happy Community, Hang Sochi Ao, 9, stands in the wreckage of his house on Sunday. Sixteen houses out of the original 219 in the community were torn down and zinc fences were put up around the area Sunday as the community is set for relocation by Bassac Garden City, which plans to develop the area. (Photo by: HENG CHIVOAN)

Resident Khin Sreang, 40, in front of the fence. The Khmer text warns people that the fence is electrified and that it could kill them. (Photo by: HENG CHIVOAN)

Monday, 16 March 2009
Written by Chhay Channyda and May Titthara
The Phnom Penh Post

Several villagers at Rik Reay commune forced to demolish homes to make way for fencing around development project, following protest at Canadia Bank.

HOUSES belonging to several residents at Phnom Penh's Rik Reay community along the Bassac River in Chamkarmon district Sunday were torn down and residents and journalists threatened with violence.

Villagers and journalists were barred from entering the area by police and staff of the developer, Bassac Garden City, which has - with the municipality's help - begun to fence off some land. Bassac Garden City has been linked in the past to Canadia Bank.

A villager representative, high school teacher Chan Bunthol, said he had received a death threat and could not risk going to work at Preah Sisowath High School in case the company tore down his house while he was away.

"This mistreatment is to force us to agree to their compensation package," he said. "I am now worried for my personal security because I heard a company staffer on the walkie-talkie saying they would kill me because I am a community leader. I want to tell you that if I die, it was not at the hands of anyone else but because I was murdered by the staff of Bassac Garden City."

Residents were forced to pull down 16 houses out of the 219 on the land. Bassac Garden City staff and police intimidated villagers and members of the press to prevent them entering the area and sprayed coloured dye on camera equipment.

Another representative, Heng Samphos, who has lived at Rik Reay since 1990, said the company had planned to develop the area since 2007.
He said some families had lived there since the 1980s. Sixty families have not agreed compensation.

"The company used violence as a negotiation tactic, and now they come to destroy our houses without warning," he said. "At 6:30 this morning, the chief of Tonle Bassac commune came and ordered us to demolish our houses so they could erect a fence. He said they have a government order but he didn't show us."

Last Thursday residents protested outside Canadia Bank's main office in Phnom Penh to demand the bank stop erecting fences around the community. But the bank denied it was involved and said it had simply provided the developer with a loan.

"Canadia Bank always says this development project has nothing to do with them, and that they merely loaned money to Bassac Garden City, but we do not believe them - in reality this belongs to Canadia Bank," Heng Samphos said.

Pung Kheav Se is the chief executive officer at the Overseas Cambodian Investment Corporation Ltd (OCIC) and is also the head of Canadia Bank. He confirmed Bassac Garden City is one of OCIC's projects but denied Canadia Bank was involved in the development.

"Canadia Bank provided a loan to Bassac Garden City, but we haven't built fences around the community. That is officials from the municipality and the commune, who are following the government's instruction," Pung Kheav Se said.

A government directive dated January 30 outlined two options for residents to leave what it referred to as their "temporary homes". The directive, which mentions Pung Kheav Se by name and refers to a January 24 letter from Prime Minister Hun Sen endorsing the development, was signed by Prak Sokhon, a secretary of state at the Council of Ministers, and was addressed to Phnom Penh Governor Kep Chuktema.

One offer is a house in Damnak Trayoeng village and US$10,000, of which the municipality will provide US$1,000 and the developer the rest.
The second option is "onsite housing", which the company will build on 16,200 square metres of land in the community in the "amount of US$5 to $6 million".

Heng Samphos said they were being offered a price well below market value: "Just US$20,000 for one house - and if we agree to that they will give us one flat and US$10,000. We just want the fair market price."

Resident Meas Vanna, 37, agreed to take $20,000 and demolish her own house.

"They gave me $5,000 deposit, and once I have torn it down I can get the rest of the money from Canadia Bank," she said. "The reason I agreed to sell is because their staff said if I don't agree they will tear down my house without compensation. So it is better to sell than be forced to move without being paid, even though I know this money is insufficient to buy a new house."

A monitor for a local housing NGO, the Housing Rights Task Force, decried the fence-building as intimidation: "Residents have legal rights," said Bun Rachana.

Canadia Bank's land-grabbing tactic in Reek Reay community: Fenced in the residents and grab their lands

A house in Reek Reay community, Phnom Penh city, is being demolished by the workers hired by the Canadia bank on 15 March 2009 (Photo: Ouk Savborey, RFA)

Canadia Bank starts to demolish Reek Reay community in Phnom Penh city

15 March 2009
By Ouk Savborey
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

On Sunday 15 March 2009, residents of the Reek Reay community, Group 46A, Village No. 8, claimed that workers for the Canadia Bank used force to demolish their homes, and the workers also fenced the residents, preventing them from leaving or coming into their homes if the residents refused to sell their lands to the Borey Bassac Park Villa company.

Bun That, a young man who resides in Village No. 8, Group 46A in the Reek Reay community, indicated that the bank set a price limit for each plot of land and the home on it to: either (1) $20,000 (in compensation) or (2) a row house measuring 4-meter-by-10-meter located in Dangkao distritct plus $10,000 if the residents agree to leave. If the residents refuse to leave, they will use force to demolish their houses, and they will fence in the residents’ houses to prevent them from leaving or coming into their houses. As of today, the bank’s workers have used force to demolish 9 homes already.

Bun That said: “The Cambodia Bank company fenced us in to grab our land, if we are involved in the sale of our land to other individuals.”

Chan Bunthol, a teacher at Sisowath high school who is protecting his home, said that the Canadia Bank’s workers act like thieves when they are using force to demolish people’s homes during a weekend: “ I don’t have time to go teach anymore now, because I am afraid they will come and demolish my home.”

Heng Samphoas, the president of the Reek Reay community, indicated that, up to now, some of the community residents have agreed to sell their homes to the Canadia Bank: “When they attack (to demolish) houses like this, we, as neighbors who are living nearby and we have not sold our homes yet, we have fear, then they (Canadia Bank) told us to go negotiate. They told us this or that date will be the end of the negotiations.”

Hor Vannak, chief of Village No. 8, Group 46A, Reek Reay community, said that in his village, there are more than 200 families living in more than 200 houses. Most of them are civil servants. He said that the village is connected to the road and the park of the Koh Pech development zone. Later on, the residents received offers to sell their lands and homes by the Canadia Bank and by a number of private groups.

He said that he is not certain about the number of residents who sold their lands to the Canadia Bank and the other private groups: “The region over the Reek Ray dike is located right on the city road, as well as on the path of the bridge crossing to Koh Pech, the second bridge (that is).”

Phal Sithon, the Tonle Bassac deputy commune chief, said that according the directive no. 157, dated 30 January 2009, issued by the Council of Ministers, decided that there will either be a development of the Reek Reay community at the same spot or the residents will receive another house measuring 4-meter-by-10-meter in the suburb as compensation plus $10,000 in cash.

Phal Sithon said: “A portion of the land belongs to Chumteav Hun Neng (Hun Sen’s sister-in-law), and on the other portion, people have built their homes to live on, but the Canadia Bank claimed that it was their land. I saw the development plan signed by Kep Chuktema (Phnom Penh city governor) in 2006, but the residents have been living here since the 90s.”

Regarding this issue, RFA could not reach a representative of the Canadia Bank on Sunday to obtain clarifications on this issue.