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CAMBODIA: Four private businessmen allegedly grabbed the 130 hectares of public land in Tang Krasaing commune, Teok Pos district, Kompong Chnang province

January 3, 2007

[NOTICE: The AHRC have developed a new automatic letter-sending system using the "button" below. However, in this appeal, we could not include e-mail addresses of most of the Cambodian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Cambodian authorities are attached below with this appeal. Thank you.]

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

3 January 2007
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UA-001-2007: CAMBODIA: Four private businessmen allegedly grabbed the 130 hectares of public land in Tang Krasaing commune, Teok Pos district, Kompong Chnang province

CAMBODIA: Corruption, collapse of rule of law, illegal land grabbing
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Dear friends,

The Asian Human Right Commission has learned that in mid November 2006, four private businessmen hired several workers to cut the forest and build a fence around 130 hectares of state land in Kauk Sam Ream region, Kraing Mor village, Tang Krasaing commune, Teok Pos district, Kompong Chnang province where 149 families usually cultivate for their daily lives and maintain a sustainable environment. The Tang Krasaing commune authority allegedly sold the land to the four private businessmen.

According to the information we have received, the four businessmen named Houn Bunthuern, Mao Thuern, Nut Tha and Tang by accompanying from an unidentified police officer had allegedly gone to measure and demarcate the land in order to divide it into plot for themselves. The four businessmen had also hired some workers to clear the forest land and build the fence around the 130 hectares of land. The Tang Krasaing commune chief, Hong Pich allegedly seemed to ignore this matter.  The villagers submitted their complaint but have not seen any action yet.

The acts of the four businessmen are seriously against the Cambodian 2001 land law which stated that public property shall not be invaded or sold by any person or any authority. The same law has also convicted and fined anyone who breaks this law. According to the 2001 land law on article 259, anyone infringing against public property shall be fined from five million (5, 000, 000) Reil to fifty million (50,000, 000) Reil and/or imprisoned from (1) to five years.

The AHRC urges the Kompong Chnang provincial governor to take immediately action against the four businessmen who invaded the public property as well as the community land and also conduct a proper investigation into the Tang Krasaing commune chief, who is allegedly involved with the public land grabbing.

We are concerned that it could be a bad example and would weaken the country's laws if the enforcement of law has been absent. We urge the Cambodian government to take immediately measures to halt the activities of the businessmen and bring them before court. The AHRC also urges the Cambodian government to give priority to the poor people in order to reduce poverty, poor conditions and to restore respect for human rights in the country.

SUGESTED ACTION:
Please send a letter to the relevant authorities mentioned below urging them to immediately remedy the situation and investigate the Tang Krasaing commune chief and the four businessmen mentioned above so that the action may be taken against the alleged perpetrators.


Sample letter:

Dear _________,


CAMBODIA: Four private businessmen allegedly grabbed the 130 hectares of public land in Tang Krasaing commune, Teok Pos district, Kompong Chnang province

Name of the victims: 149 families who live in in Kauk Sam Ream region, Kraing Mor village, Tang Krasaing commune, Teok Pos district, Kompong Chnang province
Alleged perpetrators:
1- Houn Bunthuern, private businessman
2- Mao Thuern, private businessman
3- Nut Tha, private businessman
4- Tang, private businessman
5- An unidentified police officer
Date of incident: Mid November, 2006
Place of incident:  Kauk Sam Ream region, Kraing Mor village, Tang Krasaing commune, Teok Pos district, Kompong Chnang province.

I am writing to express my deep concern that in the mid November 2006, four private businessmen hired several worker to cut the forest and built a fence around 130 hectares of state land in Kauk Sam Ream region, Kraing Mor village, Tang Krasaing commune, Teok Pos district, Kompong Chnang province where 149 families usually cultivate for their daily lives and maintain a sustainable environment. The Tang Krasaing commune authority allegedly sold the land to the four private businessmen.

According to the information I have received, the four businessmen named Houn Bunthuern, Mao Thuern, Nut Tha and Tang accompanied with an unidentified police officer allegedly went to measure and demarcate the land in order to divide it into each plot for themselves. The four businessmen had also hired some workers to clear that forest land and build the fence around the 130 hectares of land. The Tang Krasaing commune chief, Hong Pich allegedly seemed to ignore this matter even after the villagers submitted their complaint.  No action has been taken yet.

It has come to my knowledge that the acts of the four businessmen are seriously against the Cambodian 2001 land law which stated that public property shall not be invaded or sold by any person or any authority. The same law has also convicted and fined to anyone who contravenes this law. According to the 2001 land law on article 259, an infringement against public property shall be fined from five million (5, 000, 000) Reil and fifty million (50,000, 000) Reil and/or imprisoned from (1) to five years.

I would like to urgently request the Kompong Chnang provincial governor to take immediately action against the four businessmen who invaded the public property as well as the community land and also conduct a proper investigation into the Tang Krasaing commune chief who is allegedly involved with the public land grabbing.

I am concerned that it could be a bad example and will weaken the country's laws if the enforcement of law is absent. We urge the Cambodian government to take immediately measures to halt the activities of the businessmen and bring them before court. I also urge the Cambodian government to give priority to the poor people in order to reduce poverty, poor conditions and restore respect for human rights in the country.

Sincerely yours,


..........................................

PLEASE SEND YOUR LETTER TO:

1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
CAMBODIA
Tel: +855-23-21 98 98
Fax: +855-23-36 06 66
E-mail: cabinet1b@camnet.com.kh

2. Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
275 Norodom Blvd.
Phnom Penh
CAMBODIA
Fax/phone : +855 23 72 19 05/72 60 52/72 11 90
E-mail: info@interior.gov.kh or moi@interior.gov.kh
 
3. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855 23 36 41 19/21 66 22
E-mail: moj@cambodia.gov.kh

4. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60

5. Mr. Touch Marim
Kompong Chnang provincial
Governor
Kompong Chnang Municipality Hall
Kompong Chnang province,
CAMBODIA

6. Mr. Ath Them
Kompong Chnang
Police Commissioner
Kompong Chnang Province,
CAMBODIA

7. Mr. Sun Soung
Kompong Chnang province justice
Kompong Chnang province,
CAMBODIA

8. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights - Cambodia
N¢X 10, Street 302
Sangkat Boeng Keng Kang I
Khan Chamcar Mon
Phnom Penh
CAMBODIA
Tel: +855-23-987 671 / 987 672, 993 590 / 993 591 or +855 23 216 342
Fax: +855-23-212 579, 213 587

9. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Ms. Afarin Shahidzadeh
Room 3-080
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 91 79214
Fax: +41 22 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)

10. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr. Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)

11. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Attn: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)


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

Document Type :
Urgent Appeal Case
Document ID :
UA-001-2007
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.