The Asian Human Rights Commission (AHRC) is writing in response to your December 5 statement in which you expressed your support for an illegal sale of 115 hectares of public land in Bokeo district, Ratanakiri province, Cambodia.
You will recall that the concerned land, which belongs to the 840 indigenous villagers of Chrung and Kachok villages in Bokew district, were illegally sold to a businessman named Kim Mao by Mr. Puy Yong, the Lom Chor Commune Council member in O’Yadaw District at a cost of US$ 300/hectare.
On December 5 when you were contacted by our staff person regarding this matter, you openly said without any hesitate or fear that “you supported this illegal sale of the land by the villagers in your district as otherwise the Bokeo district villagers might have sold it in the future”.
I can hardly believe that such ridiculous remarks could be made by you, the district governor, who has a clear mandate and duty described by law to uphold and maintain the rule of law. Even the ordinary citizens of Cambodia know that they have to observe the laws.
According to the 2001 Land Law, ownership of immovable properties of indigenous communities has been granted by the state as collective ownership. However, the Law clearly does not allow the community the right to dispose of any collective ownership to any person or group because the land is state public property.
Therefore, the land does not belong to the OYadaw or the Bokeo villagers, rather it belongs to the nations people for growing their crops and providing them with means to achieve a secure livelihood.
However, your statement makes me suspect that you are either ignorant about this law or, you know the law but simply do not care. In either case, you have not fulfilled your duty as a state officer.
The AHRC questions your actions since your role is designed and limited to protecting the land for the people. Yet, you have clearly violated laws of your own country and are betraying the very citizens you are meant to defend.
The AHRC would also like to remind you that according to Article 259 of the Land Law 2001, an individual who breaks the Land Law shall be fined a minimum of five million Riel (USD 1,278) to fifty million Riel (USD 12,780) and/or subject to imprisonment between one to five years.
The AHRC therefore request that you take immediately action in returning the land to the public and to make sure that Kim Mao immediately halts bulldozing the area. The AHRC also condemns every attempt made by government officials who try and sell public property to private industry for their own personal gains.
If you do not know how to enforce the rule of law in order to protect the public property and to fulfill your duty as a respectful governor of the people, you should leave your position and make way for another person who respects, enforces and abides by the law. Respecting the rule of law and protecting public property are essential pillars of a strong and peaceful society.
Yours sincerely,
Basil Fernando
Executive Director
