On 18 May, 2009 the Phnom Penh Municipal Court dismissed Group 78’s request for an injunction to stop the forced eviction of their community. The Court declared the forced eviction to be in the public interest after a closed hearing which the four community representatives were not allowed to attend. A forced eviction could happen at any time.
Residents have been told that the Military Police will be deployed to ‘implement’ the forced eviction and that no responsibility will be taken for any damages or loss of housing or other property.
Nearly 150 families living on a plot of land in the centre of Phnom Penh, Cambodia’s capital, face the prospect of forced eviction. Authorities intend to resettle them to a site with no water or sewerage, and where thousands of people already evicted from elsewhere are already living in poor conditions.
Low-income families started to move into Group 78 in 1983 and the number of people living there has grown. By law, many of the families have the right to stay on the land if they can prove they have lived there for longer than 5 years. However, authorities have rejected all appeals to stay on the land and instead have issued six eviction notices, the most recent received on 20 April, 2009.
The community has been told different, sometimes contradictory, reasons for the eviction. At times they have been told that the land is state property which cannot be sold and other times that the land is private property. There has been no proper consultation on the development of the area where they live and community representatives have been threatened by the authorities.
18 May 2009:
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Phnom Penh Municipal Court:
- Dismissed the request for an injunction.
- Did not allow for the officially invited four community representatives to attend
- Conducted a closed hearing, in breach of Cambodia’s Civil Procedure Code
- Did not allow three lawyers for Group 78 to present legal arguments or evidence.
- Group 78 have two weeks to appeal against the decision
April 2009:
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Group 78 filed two applications with the Phnom Penh Municipal Court:
- One for the eviction notice to be overturned because it is illegal for the Municipality to issue an eviction notice without a Court order; and
- One requesting an injunction to halt eviction while the Cadastral Commission (a government body assigned to rule on land ownership disputes) finishes its consideration of the land’s legal status and ownership.
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20 April 2009:
- Offered house owners at Group 78 USD$5,000 and a small plot of land in Trapeang Anchanh resettlement site.
- The Group 78 families have applied for formal land titles several times, but the authorities have rejected their applications, despite the families having strong ownership claims under the 2001 Land Law.
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The Phnom Penh Municipality issued a sixth and final eviction notification to the community of around 80 families, (known as Group 78) giving them 15 days to dismantle their homes and move out of the area.
April 2009:
The Phnom Penh Municipality:
This area lacks water, sanitation, sewerage and shelter and is some 20 kms from where they now live. The cost for transport to the city where Group 78 residents work is more than their expected daily earnings. Up to 20 families, who are renting at Group 78, have not had any offers of relocation.
Previously
A forced eviction could happen at any time.
Add your name to the petition to Sar Kheng, Deputy Prime Minister and Minister of Interior
Sign the Petition now for Group 78
