The 70 families living in the Group 78 community near the Bassac River in central Phnom Penh, have lawfully resided for many years on what is now prime real estate. They’ve built permanent structures and used the land as collateral to access credit. The community includes market and street vendors, teachers and public servants. Local authorities officially recognized the community’s occupancy in October 1992.

In 2004, Group 78 applied for land titles to their homes, because Cambodian law permits ownership to those who possess land for more than five years. Tonle Bassac Commune officials rejected their applications. In June 2006, Group 78 received their first eviction notice. Since then, residents have submitted several appeals and petitions to state and local authorities. On April 20, 2009, Group 78 received its sixth eviction notice, informing residents to vacate the land within 15 days or face forced eviction. Group 78 residents are currently living under this threat and a forced eviction that could take place any time.

In a statement from the Community Legal Education Centre (CLEC) on the 26th of May 2009, residents have been offered, as compensation by City Hall, the choice between;

5,000 USD plus a plot of land (5m x 12m) at Tropeang Angchagn relocation site

1,500 USD a plot of land (5m x 12m) with a basic 4m x 8m house at Tropeang Angchagn relocation site

8,000 USD

All of the proposed options are well under the estimated value of their land, which according to Bonna Realty Group, an independent real estate agency, is worth up to 1,300 USD per sq. meter.

Authorities intend to relocate Group 78 to Tropeang Angchagn, a site where thousands of people evicted from elsewhere in Phnom Penh are living.

“Under the Cambodian Land Law of 2001, those who have possessed land for five years in an unambiguous, non-violent, notorious, continuous, and good-faith manner have the right to remain on their property, to sell or transfer the property to others, and pass the rights of the property to successors,” said Ny Somrphonneary a lawyer for the Community Legal Education Centre in Phnom Penh. “Importantly, possessors are entitled to apply for full ownership of their land. The Cambodian Constitution and Land Law also provide that any confiscation of ownership must be done in the public interest and preceded by fair and just compensation.”

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