assignment h.e may sameourn

8/7/2019 Assignment H.E May Sameourn

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Royal University of AgricultureGraduate School

Private and Public Land

Squartter Settlements in Phnom Penh Dr. May Sam Eurn

Presented by: Group 5

1. Mr. You Viy2. Mr. Kim Sobon3. Ms. Tip Sophark


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Content

I. IntroductionII. Content finding

III. Case StudyIV. DiscussionV. Conclusion and Recommendation

Private and Public Land 1


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I. Introduction

1. Problem Statement2. Objectives

3. Research Methodology



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1. Problem Statement

- Many rural households in Cambodia sufferfrom landlessness of near landlessness, or lackof formal property rights to the land they live

on.The Causes of Landlessness:

- Population Growth

- W eak legal protection for land ownership: 1/4 of nearly landless, or with 0.5 ha or less than

Sources: Rananurthy et al ,. 2001, and Sophal &Achrya, 2002 3


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2. Objectives

To describe a historical changes of LandManagement policy in Cambodia

To review about the progress of State LandManagement and Land Reform in Cambodia

To reflect a case study in the topic chosen



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3. Research Methodology

Use secondary data:Internet

Publication from Ministry of LandManagement, Urban Planning andConstruction (MLMUPC)NGOs publication



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II. Content Finding

1. Over view:

2. Dispute Over Land

3. Type of Ownership and Land Right4 . Land Reform


a. Historical Changes of LandTenure System

b. State Land Classificationc. Land concession in Cambodia

d. Current Land Use in Agricultureand other sectors


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a. Historical Changes of Land Tenure System1. Pre-French colonization (pre-1863): Land

belong to sovereign

2. French colonial period (1863-19 5 3): by 1930-most of rice fields were registered as privateproperty and people were free to sell theirland. Most of the land divided into plots of lessthan 5 ha and large plantation had beenestablished.

3. Independent period (195 3-197 5 ): Landlessnessincreased because they sell their land to cover debts.

Source: Sar Sovann, 2002 7


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a. Historical Changes of Land Tenure System (Con t)4

. Democratic Kampuchea Khmer rouge(197 5 -79): All land belonged to the stateorganization.

5. People s Republic of Kampuchea (1979-89):All land belonged officially to the state andcollectives.

6. Post 1989 (1989-present): All land belong tothe state

8Source: Sar Sovann, 2002


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b. State Land Classification

Source: Sek Setha, 2006 9

Public State Land:has a public interestuse, eg: forest, parks,road, public hospital,and school etc,.

Private State Land:Neither state publicland nor legallyprivately, or collectivelyowned under the landlaw of 2001


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c. Land Concession in Cambodia

Source: F. Thiel, 2010 10

E conomic Land Concession:

- Restricted to max. 99ys

- Max. 10.000 ha foragricultural and industrialuse- can not be transformed in

to private property

Social Land Concession:

- No time restriction

- Max. 1.2 5 0 square meterfor residential and max.2ha for agricultural use- can be transformed intoprivate property


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d. Current Land use in Agriculture and othersectors

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- Land and Agriculture: Agricultural Land is use ascollateral for loans in informal channels

- Land and Natural Resource: esp. forestry andfisheries

- Land and Urban Development: finding affordable

housing solution for informal settlers still beproblematic esp. in PP

-Land Taxation: unused land tax, and a transfer taxSource: Sar Sovann, 2002


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Factors have caused the high incidence of Landdisputes:

- Lack of Land records

- Issuance of commercial concessions withlimited social assessment and inventory of existing right

- Corruption practice

2. Disputes over land

Source: Sar Sovann, 2002


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Source: Sar Sovann, 2002 13

- Public domain of the state: serve public purposes (e.g:road, forest, etc.)- Private domain of the state: used for national

economic purposes (e.g: forest will be converted toprivate domain of the state for economic concession)

- Private domain: things categorized as privateproperties

3. Type of Ownership and Land Right

4 . Land ReformLand policies reforms are one component of amulti- sectoral strategy to reduce poverty


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III. Case Study

Squartter Settlements in Phnom Penh 1. Bacground:Two locales: village 1 4 , 15 -near Tonle Basac river- Village 14 : 202 4 households

- Village 15 : 1455 households

The causes of moving here:- Poverty

- Landlessness- Food insecurity- Limited income opportunity in native village- Some sold houses then moved to settle here



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Occupation: Daily wage workers

Trader Sex worker Government official: civil servant police,

soldiers

Earning range: 3000-8000 riel/day exceptgovernment official and sex worker

2. Livelihood



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3. Ownership and HousingThese people have been allow to build thehouses and live temporary since 1992-93

Land belong to the Phnom Penh Municipality4 . Price of land and transferring ownership

$200-$3 5 00, price (2000) depend on size and

location

Use family book to transfer the ownership


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5 . Moving dweller- households fromthese slum area

PPM plan to move all temporary settlers by 2003

1999: - 29 4 household in village 1 4

- 5 0 household in village 1 5

These moved to Veal Rinh, Mon Rithy s Plantation,

Tuol Sambo, and Prey SorEach household received a plot of land (8x1 5 m)


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6. Land dispute and SettlementMechanism

Disputes between households have not been aproblem.Main problems:

Disposing households waste Protecting place from fire Checking the behavior of antisocial elements who

try to use these villages for hiding after committing

crimes elsewhere This is the issue of encouraging households to

move from these areas


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7. People s view on Resettlement

They need fair compensation

New settlement, they prefer around the VengSreng Road, or in area not far from PP

Resettlement in Veal Rinh and Camka MongRithy s area will not be viable


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IV. Discussion

Opportunity to Develop the city

Improve Economic

Eliminate the untidy buildings that are notsuitable for city s magnificent

Pro.


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IV. Discussion (Con t)

Not fair compensation

Loss jobs for some people

Decrease net income: much expense

If still stay, can be fired often

New place is far from the old workplace, fromschool for children

Con.


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V. Conclusion & Recommendation

Land dispute are a major problemState property is divided into the public

domain of the state and the private domain of the state.If have to move people out, should offer thefair compensation.The law should be ambiguous andimplemented at a decentralized level


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