UPDATE (Cambodia): Attempts of forcible eviction in Dey Krohorm continue; another woman injured

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-006-2008
ISSUES: Land rights, Police negligence, Police violence, Poverty & adequate standard of living,

Dear friends,

As the Asian Human Rights Commission (AHRC) has previously reported that several residents in Dey Krohorm were injured or are facing criminal lawsuits in order to stop attempts by them to prevent their forcible eviction by a company in connivance with the authorities (UA-271-2007 and UAU-002-2008), yet another woman was reported to have been injured in 29 January 2008. The government has produced a policy to evacuate them and it has so far failed to take any action to either assist or provide effective remedies to the residents.

UPDATED INFORMATION: (based on the information received from Cambodian League for the Promotion and Defense of Human Rights (LICADHO) and Cambodian Centre for Human Rights)

Hundreds of families in Dey Kroham zone of Phnom Penh have resisted their eviction for several years and demanded compensation commensurate with the market price of their lands. A company named 7NG, to which the government has given a land concession for “development”, has refused to accede to their demand. In connivance with the authorities, 7NG has used various means, short of all out use of force, to evict the residents resisting them.

According to the information newly received, at around 1:30pm on 29 January 2008, the company sent a bulldozer to clear the ground and also around 20 workers dressed in public park security guards to the area. Residents were standing around to protect the houses. The company workers started pelting them with stones to repel them. A woman resident named Men Chenda, 30-year-of age, rushed to help an old woman who stood near the bulldozer under the rain of stones. Men Chenda was then hit by stones on the neck and the back and on the head causing serious open wounds and knocking her to the ground. She subsequently required several stitches for the wounds.

In the afternoon on January 30, the 7NG company again sent a bulldozer to clear the area. This attempt was also met with resistance from the residents and had to be abandoned.

Prior to this incident, on January 3, district authorities of the area notified stallholders of the “garden” market inside the Dey Kroham zone, on which the livelihood of the evictees depends, to dismantle their stalls and clear out of the garden. The authorities claimed their trade affected the environment, hygiene, health and public order, and they were going to rebuild the garden. Their decision at this particular juncture of on-going evictions was hardly a mere coincidence when it is considered that the market has been there for years.

The company attempted another blockade, on January 6, when it sent its workers to place oil drums to be filled with water to block all access roads to the zone and supplies to the market. A mixed group of 30 to 40 armed police officers were posted at the edge of the zone to protect the workers. The evictees again resisted the blockade by pushing the oil drums out of the way and preventing the workers from filling them with water. A confrontation between the two sides over the blockade ensued on January 7, in which a truck belonging to the local authorities parked at the blockade was set on fire.

The blockade and economic strangulation failed again. However, there was no victory and peace for the evictees. The police then sought a court warrant to arrest six of them, for allegedly setting the fire to the truck, while eye witnesses at the scene said it was the company workers who had deliberately done it to have an excuse to arrest evictees. In this eviction case, over a dozen evictees already faced criminal lawsuits prior to the latest incident (for details, see UA-271-2007).

REMINDER OF THE CASE:

On 29 August 2007, a group of 100 people comprising of police, military police with pistols in uniform from Cham Kamon police district and some personnel with sticks, hammers and axes allegedly hired by 7NG company went to the Dey Krahorm community to demolish houses, huts and tents in the area without bearing a court order. At about 400 families of the community protested and kept resisting against their attempts to enter the community for demolition.

Without warning a clash occurred between the families and the group and the group started beating the families who prevented the group from entering. Due to this conflict, four women were injured. They are Long Sokhom, Ros Pov, Kim Leng and Long Nirdey. One of them is already sick with HIV and due to this assault, her condition is getting worse. It is also reported that Long Srey Leak was handcuffed during this conflict (for details, please see UA-271-2007).

On 16 December 2007, the company sent around 30 workers to wall up the entire Dey Krahorm zone by building a closure of corrugated iron sheets around their dwellings to isolate the entire community. They also blocked all access roads to the zone.

The residents protested and prevented the construction, and a confrontation ensued. In this incident company workers assaulted a woman resident named A Si Yas, causing injuries to her head, and a worker struck the foot of another woman resident named Muy Teng with a hammer, almost breaking her foot. There has been no police investigation into to the injuries of the two women (for details, please see UAU-002-2008).

ADDITIONAL INFORMATION:

Dey Krahorm is one of the prime areas in the capital Phnom Penh. According a real estate agent, the market price of a square metre of land is USD 3,000 upwards. Yet 7NG company has offered USD 6,000-7,000 for a 4 meter x 4 meter or 4 meter x 5 meter house, depending on the quality of the house, but this offer is not made to all residents as some are offered nothing.

SUGGESTED ACTION:
Please send your letters to the authorities listed below to urge them to investigate the injuries caused to Men Chenda, put an end to the protracted war of attrition to evict Dey Krahorm residents and get 7NG company to pay them the market price of their homes and lands.

The AHRC will writes letters to the UN Special Rapporteur on adequate housing and Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises calling for an intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _______,

CAMBODIA: Attempts of forcible eviction in Dey Krohorm continue; another woman injured

Name of victim: Men Chenda, 30-year-old
Date of Incident: since 29 August 2007
Place of incident: Dey Krahorm community, Tonle Basac commune, Cham Kamon district, Phnom Penh city

I am writing to express my deep concern relating to the injuries of a female resident named Men Chenda on 29 January 2008 at around 1:30pm in a protracted war of attrition to evict residents in Dey Krahorm zone in Phnom Penh.

Men Chenda rushed to help an old woman out of a danger paused by a bulldozer which was attempting to clear the Dey Krahorm zone in Phnom Penh. She braced a rain of stones pelted by around twenty 7NG company workers in the uniform of public park security guards at the residents who resisted the latest move to evict them from their homes and lands. Men Chenda was then hit by stones in the neck, on the back and on the head. A stone hit her head very hard, causing serious wounds and knocking her to the ground. The woman needed medical treatment and had several stitches for the wounds on her head.

I have learned that the families have been living in the area for many years and have been given concession for social purposes to live undisturbed. Since August 2007, 7NG company which had been given a concession to “develop” the same area and the public authorities cooperating with it have been taking a series of action which amount to a war of attrition to evict those families from their homes and land without paying them the market prices on them so that they get new homes and lands of their choosing.

This war of attrition comprises, apart from continued harassments, threats, intimidation, arrests and criminal lawsuits, the sending of workers under police protection to dismantle their homes on 29 August 2007; the closure of the zone with corrugated iron sheets on 16 December; the notification of the closure of the marker in the zone on 3 January 2007; and the blockade and economic strangulation which blocked off all access and cut off all supplies to the zone on 6 and 7 January. The residents have been resisting this eviction war and clashes ensued which led to injuries to some of them.

7NG company and the collaborating authorities have not won their war yet. But according to the latest information I have received, this war is set to continue and is likely to cause further fear, suffering and injuries.

I therefore strongly urge you to first investigate the injuries caused to Men Chenda in the latest incident, and to her other fellow residents since the start of the eviction process. I also urge you with instance to put an end to the protracted war of attrition to evict Dey Krahorm residents and get 7NG company to pay them the market price of their homes and lands.

I find it utterly unfair, unjust and inequitable to force poor people who have all the rights to adequate housing, good livelihood and development, and in this particular case, those poor Dey Krahorm residents, to make sacrifices for the benefit and prosperity of the better off, and in this particular case, 7NG company.

Yours sincerely,


PLEASE SEND YOUR LETTERS TO:

1. Mr. Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
CAMBODIA
Fax: +855 23 36 0666
Tel: +855 2321 9898
E-mail: cabinet1b@camnet.com.kh

2. Mr. Sar Kheng
Deputy-Prime Minister
Minister of Interior
No.275 Norodom Blvd., Phnom Penh 
CAMBODIA
Fax/phone: +855 23 721 905 / 23 726 052 / 23 721 190 
E-Mail: info@interior.gov.kh

3. Mr. Tea Banh
Deputy Prime Minister
Minister of National Defence
Russian Federation Street
Phnom Penh
CAMBODIA
Tel: +855-23 883184 / 428171
Fax: +855-23 883184
E-mail: info@mond.gov.kh

4. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 36 4119 / 21 6622
E-mail: moj@cambodia.gov.kh

5. Mr. Im Chhun Lim
Minister
Ministry of Land Management
Urban Planning and Construction
No. 771-773, Monivong Boulevard, 
Boeng Trabek,
Chamcarmon 
Phnom Penh 
CAMBODIA
Tel: +855 23 215 280 or 215 660 
Fax: +855 23 215 660
E-mail: gdadmin-mlmupc@camnet.com.kh

6. Mr. Keo Chuk Tema
Governor
N° 69, Preah Monivong
12201 Phnom Penh 
CAMBODIA
Tel: +855-23 426 866; +855-23 430 214
Tel/Fax: +855-23 722 054; +855-23 724 126
Fax: +855-23 724 156; +855-23 211 081

7. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Fax: +855 23 22 09 52
Tel: +855 23 21 65 85

8. General Sao Sokha
Commander 
Military Police
Mao Tse Tung Blvd
Khan Tuol Kok
Phnom Penh
CAMBODIA
Tel: +855 12 36 3636

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type : Urgent Appeal Update
Document ID : AHRC-UAU-006-2008
Countries : Cambodia,
Issues : Land rights, Police negligence, Police violence, Poverty & adequate standard of living,