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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
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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
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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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Thank You for your
Paying attention!