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Land issues in the Poipet area

The majority of people in rural Cambodia are illiterate, and as a result face difficulties in understanding the processes and procedures of land registration in relation to their land property rights.[i] Opportunists often taken advantage of the land registration system, where in some cases people who do not want or cannot afford to pay bribes are obstructed by government officials. As a result, former landowners have become landless and powerful people who already owned substantial amounts of land have acquired yet more by taking advantage of the flawed legal process.

Land cases in Banteay Meanchey province are particularly characterized by violence, contemptuous treatment of the victims and difficulties resolving the cases in ways that are fair and beneficial to the poor.[ii] This situation is largely a product of the province’s Khmer Rouge past and the current casino boom in Poipet.  The Khmer Rouge insurgency lasted longer in Banteay Meanchey than any other part of Cambodia, and there still remains a large military presence. Following the opening of the Aranyaprathet border crossing in 1997, Poipet also became one of the main routes for Cambodia's imports and exports. The opening also led to highly lucrative casinos being located in the Poipet area to attract business from Thailand, where gambling is illegal.

These circumstances have led to an enormous increase in the value of land situated in Poipet and the border area, and consequently there is a high potential for land conflicts.

History of the Kbal Spean land dispute[iii]

The Kbal Spean community

Kbal Spean village (Poipet Commune, O’Chrov District, Banteay Meanchey Province) covers a land area of nearly six hectares.  It is home to more than 200 families, who primarily make their living pushing carts or selling produce across the border.  The village is close to Poipet town, north of a large pagoda (Wat Trach) and about 1500 m away from National Road No. 5, to the east of A5 Dam. To the north of the village is a golf course, owned by one of the casinos.  Other villages border the south, east and west of Kbal Spean.

Prior to 1997, the land in question was heavily mined.  In 1997, some of the current residents were asked to move to that land by district authorities. They cleared the land of trees and mines themselves, which resulted in injury and even death to some residents.  Originally only 60 families occupied the land, but the number quickly grew as the newly-opened border created more opportunities for people to earn money.[iv]  The community is composed of former Khmer Rouge cadre, recent re-settlers and members of the military (both current and demobilized, with many suffering from disabilities). 

District and commune officials and the people also asked the Cambodian Mine Action Centre (CMAC) to conduct mine clearance. CMAC cannot locate its official records of the de-mining, though has said that it cleared mines from the area near Wat Trach, which is close to the village.[v]

Local authorities arranged for measurements and demarcations to allocate plots of land for the people. Each family had a plot (10 x 20m2) and the community created a village with 6 small roads linking the houses. The authorities issued family certificates, identity cards and organized housing structures by issuing specific housing numbers for them. 

Tin Oun, Kbal Spean village chief

Tin Oun is officially the village chief of Kbal Spean, although does not live in the village  and the villagers themselves claimed not to know who he was when he first appeared in 1998. A number of people have speculated that Tin Oun is merely the front man for a high-ranking official (with an interest in the land).  These claims; however, cannot be verified.[vi]

In June 1998, Tin Oun submitted a request for land title.  This request was signed by the former Poipet commune chief (on 13 June 1998) and by the then district chief (on 30 July 1998). He received a title of possession to use and occupy the land, issued by the General Department of Cadastre.  The residents heard that the land was covered by a title but believed that it was merely a rumour.

In 1999, Tin Oun filed a case with the Banteay Meanchey Provincial Court claiming he was the owner of the land on which the village was situated.  He said he had cleared and occupied the land since 1993, but that people had illegally entered the land and put up houses.  He also claimed that aside from clearing the land and planting crops, he dug a water pond, a canal and an irrigation network and placed fence posts on the land.

On 18 November 1999, Banteay Meanchey Provincial Court decided to grant the land to Mr. Tin Oun in conformity with the title of possession.

Issues concerning the Banteay Meanchey Court decision:

Evidence supporting the community’s claims:

The appeal and the resulting enforcements of judgments:

On 27 February 2001, the Appeal Court issued a decision supporting Tin Oun.  Tin Oun was represented by a lawyer; the villagers, however, were without counsel.

After the Appeal Court decision was handed down, Tin Oun proposed that the people move to a new village around 9 km away. The people refused to do so, as their livelihoods were based on their having access to the border, and the distance from the proposed site was too great.

Events prior to the eviction

On April 24-26, 2002, the Banteay Meanchey Provincial Court enforced the verdict of the Appeal Court and forcefully evicted all residents from the land. The people moved to a site close to the old village.  The villagers reported that Tin Oun told them that if they were to vote for him and his political party, he would give them back the land.  The people agreed and in late 2002 and early 2003, they moved back onto the land without any problems.

Since the villagers did actually return to the land, Tin Oun filed a complaint against six representatives of the residents for trespass. Two representatives were apprehended and detained in September 2003.  Legal Aid of Cambodia assisted these two and secured their release in November 2003 after filing an appeal with the Appeal Court.  However, to this date criminal charges of violating property rights remain pending against the representatives. 

The Provincial Court made an unsuccessful attempt to implement the verdict again in December 2003, meeting firm but peaceful resistance from the community.  The villagers then began lobbying for assistance, sending letters to the King, the President of the National Assembly, the Council of Ministers and to the Minister of Land Management, Urbanisation and Construction. The King submitted a letter to the Minister of Justice to seek intervention, but the problem could not be solved as the verdict of the Appeal Court had already come into effect.  Tin Oun also apparently sent petitions of his own, including one with a notation supposedly expressing the support of the Prime Minister.


[i] The current procedure is regulated by the sub-decree on Sporadic Land Registration and consists of around 16 steps with various authorities involved.

[ii] Cooper, "Land Policy and Conflict", p 5; Williams, "Land Ownership Disputes in Cambodia", p 7, 9.

[iii] Much of the information contained in this section has been taken from notes and emails from various agencies and organizations, including UNCOHCHR, Dr. Claude Katz, ADHOC, LICADHO, ZOA and Legal Aid of Cambodia who were involved in the initial investigations of the Kbal Spean situation.  It is important to note that most of the NGOs/agencies only began working with Kbal Spean after the decisions of the Banteay Meanchey and Appeal Courts.

[iv] The number of families increased between 1999 and 2000 and some current residents admit they had bought property from others who had cleared the land.

[v] Reported by the Battambang Provincial Office of UNOHCHR Cambodia in July 2001.

[vi] Information provided by a number of persons, who were hesitant to name the high-ranking person allegedly involved, and did not want to be quoted as the source of the information.

[vii] Cited in report of Senator Seng Oeurm entitled “Fake Verdict #168 of Banteay Meanchey Court”

[viii] Article 19 of the 1992 Land Law states that the only property that can be owned was for housing.  Instruction # 03 of the State Council of the Council of Ministers (1989) states that land for housing can reach dimensions of 2000m2 but land provided for cultivation cannot exceed 5 hectares.  The Court violated Instruction No. 3 by granting Tin Oun nearly 6 hectares of land to be used for cultivation. From Report of Senator Seng Oeurm entitled “Fake Verdict #168 of Banteay Meanchey Court”

[ix] Report of Senator Seng Oeurm entitled “Fake Verdict #168 of Banteay Meanchey Court”. There is only one provision in the Law on the Functioning of the Courts on correction of verdicts, which technically only applies to criminal cases. It has been used in civil cases by the courts, and would require parties with interests in the case to file a complaint with the court of first instance to reject the erroneous verdict and request a new one.  The document provided by Senator Seng Oeurm maintains that the correction of the land size in the verdict should have been recorded, and should have cited the law that allows the judge to correct the verdict and the reason for the correction. It should also be noted by the provincial land conflict commission, the land title office and other people whose properties border the land. A new master plan needs to be made, detailing the correct size of the land and the boundaries. The master plan must be recorded and both parties and people living on areas bordering the land must thumbprint the plan to acknowledge the correction. Also, the corrected verdict should adjust the price of the land to fit the new corrected size.

[x] Cited in report of Senator Seng Oeurm entitled “Fake Verdict #168 of Banteay Meanchey Court”

[xi] Certification obtained by Legal Aid of Cambodia, for use in the criminal case filed against two villagers for infringement of private property (the year is clear but exact date is illegible).

[xii] Information obtained from an analysis made by Licadho staff.

[xiii] The deputy district chief had ordered Tin Oun to come and fill out the proper form at the district land title office so he could obtain formal acknowledgement that he had been using the land since 10 April 1999, but Tin Oun did not appear.

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