When villagers planned to build a new secondary school for their children in Pnom Penh’s Chroy Changva commune across the Japanese Friendship Bridge some 17 years ago, nobody expected to face a long-term land dispute over the school property. They just hoped the school would benefit villagers.
But the hope turned into a big mess when a former occupant, who gave his rice paddy away for the public interest, demanded in 1989 to take it back.
The school disagreed with his demand, and so did the commune. The dispute went up to the Russei Keo district authorities and then to the Phnom Penh Municipality.
But still, the issue wasn’t solved. The Ministry of Interior even attempted to resolve the case, but that didn’t work. The municipal court took its turn last year to intervene, ruling that the former occupant is entitled to own an unused part of the school’s property.
But the school refused to heed the court’s decision and has now appealed to King Norodom Sihanouk, the National Assembly and the Council of Ministers, as well as the appeals court.
And after more than 10 years of battle, the disagreement is now tearing a community apart.
“This is the biggest problem our commune has ever had,” sighed Commune Chief Kim Sok early this week, noting that all other problems have been solved at the local level.
About 20 years ago, rice fields spread over the area where the Chroy Changva Secondary School is now located. In 1984, dozens of villagers gave up their rice fields and houses for the new school. A five-room school building was built and two more buildings were later added. The school has graduated more than 6,700 students.
When the government began allowing for private land ownership in 1989, Sok Chea demanded his land back. In 1994, when land value dramatically increased with the new bridge and rehabilitated National Route 6, his demands continued, and he asked for exactly 1.4 hectares back.
“We have cleared the bush and cultivated the land for many years,” said Sok Sao, son of Sok Chea. “We just want our land back.”
The Sok family said they once occupied and cultivated more than 2.5 hectares of rice fields. And they claim the commune promised them and other villagers more land in other locations when the school project started, but the promise was not kept.
Moreover, the family said local officials and teachers at one time were given free land to build their own houses on the edge of the school property.
“If no officials and teachers have lived in the school compound, we would drop the complaint,” said an angry Sok Sao. “Why can’t we get any land back?”
After an investigation, the Interior Ministry in late 1995 proposed a solution that the school give the 1.4 hectares of unused land to Sok Chea and requested further investigations by the municipality.
But the school opposed the proposal and the municipality, which held a meeting with concerned members, later sent a letter denying anymore land to local residents.
School officials also claimed this week that the commune once gave Sok Chea a small piece of land in 1992, but he sold it for gold worth $380. They said he is no longer entitled to his land.
“We think Sok Chea just wants the land back to sell it to a private (business) to make more money,” said Chea Sameth, deputy director of the school.
“The school is really needed in the commune for younger generations,” said School Director Tek Sem Eth. He added if the school gives Sok Chea some land, other villagers might demand land later, and the school will lose even more property. “We just don’t want to disappoint our students.”
He also said school officials who were given school property in the 1980s received it under a regime that no longer exists.
“Don’t take it into consideration about the communism regime’s decision. Now we are living in a democratic, free-market era.”
