More than 100 Koh Meas community members in Phnom Penh’s Chbar Ampov district and two other districts in Kandal province are at risk of losing their farmland after the authorities refused to give them land titles. They were also asked to resolve the issue with Khun Sear Import Export Co, which owns a lease on the land following a 2020 sub-decree.
Community representatives had a meeting with Kien Svay district authorities on March 25 when they were told that they could not grant them titles as the government leased the Koh Meas land to tycoon Khun Sear’s company to develop.
However, residents have said that the compensation offered by his company is “far below the market value”, making it difficult for them to rebuild their lives. Despite appealing to the authorities, officials insist that the sub-decree on the land transfer and development cannot be reversed, which has left the families uncertain about their future.
According to Sub-Decree No. 210 signed by former Prime Minister Hun Sen on December 17, 2020, the 340.6 hectares land which covers three districts – Chbar Ampov District in Phnom Penh, and L’ Vea Em and Kien Svay districts in Kandal Province – was reclassified as private state land.
The same sub-decree stated that one part of the land was transferred to the Phnom Penh Capital Administration and the other to Kandal Provincial Administration, as well as the land being leased for 50 years to Khun Sear for development.
Kol Dara, 36, a resident of Chong Koh Village, Kien Svay District, who attended the meeting with Kien Svay District Office on March 25, said the district governor told residents that the land in Phnom Penh has been transferred to the administration of Kandal Province.
At the same time, the residents were also told that the sub-decree cannot be canceled, but that affected residents’ land will receive compensation of $5 and $8 per square meter from the company, which will be coordinated by the Kien Svay District Authority.
According to Dara, the Kien Svay District Governor said the district authority’s role is in mediating the land dispute, including requests and compensation, and negotiations with the company.
Dara owns a 2,500-square-meter Koh Meas land which he acquired in 2016, so a low compensation will not be acceptable. He urged the authorities to expedite a resolution to stop opportunists from taking advantage of the compensation negotiation. “I ask the authorities to resolve this land dispute quickly and effectively.”
So Silat, 44, from Koh Prak village, Kien Svay district, said she inherited the land on Koh Meas from her parents, who owned it since 1979. Her land is 13 meters wide and 1,000 meters long.
She was disappointed when she learned that the Tuesday meeting did not discuss a solution for the residents’ request to hand over the land title and cancel the sub-decree. She also felt that the compensation of between $5 and $8 per square meter is a small amount for the residents because they cannot use that money to buy a new piece of land to rebuild their lives as land prices are rising.
“We cannot buy land with this amount, so it is difficult for the people to accept the sum until a suitable solution is reached,” Silat said, adding that she did not know about the Koh Meas development project until she got news that the land had been transferred to Khun Sear’s company.
Silat said the land is their economic lifeline. She grows papaya, banana, and bamboo to earn money to support her family. Therefore, if the development project is not transparent and does not provide adequate compensation to the people, it will affect the people’s household income.
“The exchange must be mutual. The land buyer cannot offer a low price, and the people cannot demand too high a price in order to get money in exchange for their livelihood,” said Silat.
Similarly, Chum Sam Oeun, 71, a resident of Chroy Ampil Village, Kbal Koh commune, said any development should be transparent so that people can benefit from it and continue to support their families. He proposed that a study on market rates be done to provide people with a reasonable framework to continue to support their lives.
“How can we develop so that people can continue to survive? If a development takes the land of the people who own so much and pay so little for it, we will not be able to live,” Sam Oeun said.
Another resident Chhim Ry said the transfer of agricultural land of people who have survived on it for years to tycoons is a disrespect to people’s rights.
“[It is like acquiring] the people’s sweat and blood for development, leaving hundreds of families in tears,” Ry said, adding that the land that he has lived on since 1979 is legal.
So, any development or solution must consider the interests of the people first. Otherwise, it will affect the household economy of more than 100 families because they do not have much land to grow crops. “People seem to have no rights. If they want to take it away, they take it away [and give it to tycoons for development], which is too much,” he said.
Koh Meas deputy village chief Em Lux, 60, said Tuesday’s meeting was to inform residents about the land transfer to Kandal province for management and to resolve any development issues affecting the land of more than 150 families. He said authorities could not issue title deeds to residents because the land had already been given to a development company.
“The company will resolve the impact with residents who have agricultural land on Koh Meas,” Lux said.
He added that he was not opposed to the development, but hoped for a reasonable price so that residents could buy agricultural land to resume their livelihood. “Land is expensive now. If the price is too low, residents will only have a little money to do anything.”
Meanwhile, Seng Kimly, deputy governor of Kien Svay district, told CamboJA News that he was not involved in the meeting and does not know the process of the land dispute as he was busy attending another meeting.
NGO Sahmakum Teang Tnaut’s Right to the City program manager Seang Muoylay, told CamboJA News that the authority should listen to the villagers’ needs first and study the land ownership document to make sure villagers can receive reasonable compensation.
Muoylay observed that normally, the state applies state price which is completely different from the market price. The compensation of $5 to $8 per square meter is not suitable for land in Phnom Penh. “People will not be happy to accept this amount.”
“There should be an evaluation committee to study the rate. This would be a good way,” said Muoylay.
He added that before any land is seized by private companies or before sub-contracting is done, the state should make an announcement to the citizens and civil society organizations, so that they can discuss. This also allows citizens to have time to protest, Muoylay said, urging the authorities to be transparent and to ensure that no one is harmed by the development.
In 2021, one area of the Mekong River was filled by tycoon Sear’s 70-hectare satellite city construction at Arey Ksat. Former residents there told CamboJA News that they were not informed of the project beforehand.