CAMBODIA: Two women almost buried alive for protecting their land
February 16, 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 some 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 APPEAL URGENT APPEAL URGENT APPEAL URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal
16 February 2007
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UA-053-2007: CAMBODIA: Two women almost buried alive for protecting their land
CAMBODIA: Corruption; collapse of the rule of law; illegal deprivation of the land; illegal destruction of property
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Dear friends,
The Asian Human Rights Commission (AHRC) is gravely concerned about two female villagers who were allegedly almost buried alive during a land dispute over 8-hectares in Thmei village, Sangkat number 3, Khan Metapheap, Sihanoukville on 9 February 2007. The dispute is between the Sihanoukville's dock authority and the 317 families who complained about bulldozing and the dumping of soil into village homes since 2001. The two women were rescued by their neighbors after one of the women used her mobile phone to call for help. The construction company responsible named Chheung Cheng has since disobeyed the agreement between Sihanoukville's dock authority and the villagers to stop its method of forced eviction and has not compensated any victims.
CASE DETAILS:
The AHRC has learned that on 19 January 2007, a company named Chheng Cheng hired by the Sihanoukville authority started dumping soil on three villagers' property in Thmei village in an attempted forced eviction. One of homes that became covered in dirt had belonged to a villager named Yang. The company then allegedly forced Yang to sign a document and accept 1 million Riels (USD 250) to move from the land. On 20 January 2007, the villagers mobilized and demonstrated against Chheng Cheng. The demonstration was suspended after a Sihanoukville inspector named Khem confirmed that he asked the company to stop their dumping and to bring the matter before the Sihanoukville municipal hall. A week later, the villagers become frustrated with the delays in their case and protested in front of the hall.
On 5 February 2007, Ms. Men Maly, a Senator and also a chief of the first committee of the Senate, participated in a meeting with Mr. Lu Kim Chhun, the general director of Sihanoukville dock authority, and the villagers' representatives to find the appropriate solution for the villagers in Thmei village and the Sihanoukville dock authority. After the meeting, both parties had agreed to 6 points. First, the Sihanoukville dock party can only dump dirt on land that is sold. Second, the Sihanoukville dock must acknowledge that the dumped dirt has affected the village residents and Sihanoukville dock authority must be held responsible for these acts. Third, the construction company must clear the dirt from the sanitation ditch before the upcoming rainy season. Fourth, the villagers promise not to disturb the dumped dirt that the company has already bought from other villagers. Fifth, the villagers have a right to sell or not sell their own land and the authorities have no right to force or intimidation the villagers to sell their land. Finally, the Chheng Cheng company must be told once again follow the new guidelines for all its activities.
The next day after the meeting on February 6, the Chheng Cheng company continued to dump dirt onto the villagers land. The following day, the municipal court issued a warrant (#31) that summoned five village representatives named Reach Ki Navin, Chhun Sarin, Saur Sarong Heng Sophan and Yong Poy. They have been charged of incitement to have a demonstration on 20 January 2007. On February 9, when the five representatives went to Phnom Penh city to seek a lawyer, the wife and a maid of one of the representatives who stayed behind in the village were met by bulldozers and demolition crews. Reach Ki Navin's wife named So Kim and her maid named Khan Sivon had been protecting the land from being demolished by the developers. When the pair resisted, the company workers had soil dumped on them, burying them up to their waists.
So Kim reported, "At around 12:00 pm, when they reach my property, I told them that just fill your side property, don't touch my land. They did not say anything. There were two of us standing on my property and their chief namely Mr. Mr. Chheng Cheng told them to bury me alive. If they have a lot of dirt with them, they could have buried both of us and no one would know anything. It was our luck that they did not have enough dirt and when they dumped it on us, it only reached our waists. We were then able to yell and call for help, I had a mobile phone with me and called other villagers to come and rescue me". So Kim and Khan Sivon were then brought to the hospital, were they suffered a sprained and broken leg respectively.
BACKGROUND INFORMATION:
Since 1985, 317 families have lived on the disputed land in Thmei village after a publicly declared acceptance by the Sihanoukville Department of Agriculture, Forestry and Fisheries. This happened after locals returned to the land following a state sanction clear cutting by the Cambodian government during the communist regime. The families who lived on that land have not been offered any official title deeds to the property and only have been offered a receipt from the authority. A receipt provides legal recognition that the land is occupied by bearer of the document; however, it is only temporary and still does not give them ownership rights.
In 1991, Prime Minister Hun Sen declared that the people could continue living on that land. Prime Minister Hun Sen had also permitted the people to claim ownership; however, the Sihanoukville department of Agriculture, Forestry and Fisheries had only issued a land receipt which classified them as immovable property occupiers and did not give them recognition as owners. Since then, the people have had a peacefully existence on the land while sustaining themselves through farming on plantations. On 26 April 2000, Prime Minister Hun Sen then issued a sub- degree to grant that land to the Sihanoukville dock authority and to move the people from that area. However, the families did not agree to change and then organized protests demanding that their land be legally returned.
Then on 12 February 2001, the prime minister participated in the inauguration ceremony of Sihanouk dock and declared that the families be allowed to continue living on that land. The families then started to build concrete and wood house because they believed that it would not have anymore problems.
On 18 December 2001, a private construction company named Chheng Cheng which was hired by the Sihanoukville authority bought four or five blocks of land to be demolished and developed. Chheng Cheng had allegedly not only bulldozed and dumped soil on the land it purchased, but it also extended its operation onto the neighbors' land. The company's strategy is allegedly to fill sanitation ditches with soil to flood the area during the rainy season so that the company is able to manipulate the villagers into selling their land. At which point the people began to protest the company's actions. However, the company did not comply and continued to block the sanitation ditches with dirt throughout the area which affected nine other properties. The company was also employing three police officers armed with rifles and who were ordered to strictly protect the area.
The AHRC has also learned that the villagers complained to Sihanoukville Deputy Governor Mr.
Prak Sihara concerning the actions of the Chheng Cheng company. However, Mr. Prak Sihara allegedly refused to accept the peoples' complaint and asked the Sihanoukville dock authority to solve the problem. The villager then submitted their complaints to the Sihanoukville dock authority but the Sihanoukville dock authority simply referred their complaints back to the Chheng Cheng company which allegedly were hired by Sihanoukville authority to clear that area. The company then allegedly lashed out to the villagers and said that they should sell their land to them if they wanted the problem solved.
The Cambodian Land Law 2001 states that person(s) are entitled to have ownership over the land when he/she occupied and lived on for five years peacefully (without any ownership related dispute). Article 253 of this law had also stated that, any person who uses violence against a possessor in good faith of an immovable property; whether or not his title has been established or it is disputed, shall be fined from 1,500,000 Riel (USD 385) to 25,000,000 Riel (USD 6,420) and/or imprison from six (6) months to two (2) years irrespective of the penalty for violence against a person. If the violence was ordered by a person other than a perpetrator, who did not personally commission such violence, he shall be subject to the same penalties as the perpetrator of the violence.
Despite this, the Chheng Cheng company continues to forcefully evict locals through its dumping methods. The process begins with the company filling half of the property with dirt and then offering the victim 1 to 2 million riels (USD 250 to 500) for the property. The victim is told to either take the money or be prepared for the property to be cleared anyway. Since the villagers are poor, they have no choice but to take the money and try to find a new place to live.
The AHRC urges the Sihanoukville authority and the Ministry of Agriculture, Forestry and Fisheries to examine the affected area first before evicting any villagers. The AHRC purports that the authority should have consulted with the people first and offered the evicted villagers a fair market price for their land or provide a new location that is of equal value to their original property.
The AHRC also urges the Cambodian government to immediately take action against the Sihanoukville dock authority to halt the land seizures. The AHRC also urges the Cambodia authorities to investigate and charge the general director of the Sihanoukville dock authority Mr. Lu Kim Chhun and the chief of the Chheng Cheng company Mr. Chheng Cheng for abusing their power to conduct forced evictions. These crimes must be brought to the court under Cambodian Land Law 2001 and through the Cambodian Criminal Law (UNTAC Law).
The AHRC further urges the Ministry of Agriculture, Forestry and Fisheries to find an appropriate solution for the villagers in Thmei village, Sangkat number 3, Khan Metapheap, Sihanoukville. The AHRC also urges donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this abuse of power by the Sihanoukville authority and to establish the strong rule of law in Cambodia
SUGESTED ACTION:
Please write to the relevant authorities mentioned below urging them to investigate Mr. Lu Kim Chhun and Mr. Chheng Meng, who allegedly destroyed the villagers' properties and buried two women alive. Please also urge the Cambodian authorities to seek justice and compensation to the villagers who lost their land or property due to the land grabbing.
To support this appeal, please click: 
Sample letter:
Dear ________,
CAMBODIA: Two women almost buried alive for protecting their land in Sihanoukville
Victims:
1. Ms. So Kim, wife of Mr. Ki Navin, the resident of Thmei village, Sangkat number 3, Khan Metapheap, Sihanoukville
2. Ms. Khan Sivon, a maid of victim 1
3. 317 families, who live in the 8-hectare-land in Thmei village since 1985 according to the acknowledgment of Sihanoukville department of Agriculture, Fisheries and Forestries
5. Five villagers' representative named Reach Ki Navin, Chhun Sarin, Saur Sarong, Heng Sophan and Yong Pov, who have been charged of incitement to have a demonstration on 20 January 2007
Alleged Perpetrators:
1. Mr. Lu Kim Chhun, general director of the Sihanoukville dock authority, who allegedly hired the Chheng Cheng construction company to dumped dirt fill over the villagers' house
2. Mr. Chheng Cheng, the chief of the Chheng Cheng construction company, who ordered the workers to buried the two women
Date of incident: 9 February 2007
Place of incident: Thmei village, Sangkat number 3, Khan Metapheap, Sihanoukville, Cambodia
I am writing to express my deep concern over two female villagers who were allegedly almost buried alive during a land dispute over 8-hectares in Thmei village, Sangkat number 3, Khan Metapheap, Sihanoukville on 9 February 2007.
I have learned that the dispute is between the Sihanoukville's dock authority and the 317 families who complained about bulldozing and the dumping of soil into village homes since 2001. The two women were rescued by their neighbors after one of the women used her mobile phone to call for help. I am further informed that the construction company responsible named Chheung Cheng has since disobeyed court orders to stop its method of forced eviction and has not compensated any victims.
According to the information I have received, a company named Chheng Cheng started dumping soil on three villagers' property in Thmei village in an attempted forced eviction. On 20 January 2007, the villagers mobilized and demonstrated against Chheng Cheng. The demonstration was suspended after a Sihanoukville inspector named Khem confirmed that he asked the company to stop their dumping and to bring the matter before the Sihanoukville municipal hall.
I have learned that on February 5, Ms. Men Maly, a Senator and also a chief of the first committee of the Senate, participated in a meeting with Mr. Lu Kim Chhun, the general director of Sihanoukville dock, and the villagers' representatives to find the appropriate solution for the villager and the Sihanoukville dock authority. After the meeting, both parties had agreed to 6 points. First, the Sihanoukville dock party can only dump dirt on land that is sold. Second, the Sihanoukville dock must acknowledge that the dumped dirt has affected the village residents and Sihanoukville dock authority must be held responsible for these acts. Third, the construction company must clear the dirt from the sanitation ditch before the upcoming rainy season. Fourth, the villagers promise not to disturb the dumped dirt that the company has already bought from other villagers. Fifth, the villagers have a right to sell or not sell their own land and the authorities have no right to force or intimidation the villagers to sell their land. Finally, the Chheng Cheng company must be told once again follow the new guidelines for all its activities.
I then heard that the next day after the meeting on February 6, the Chheng Cheng company continued to dump dirt onto the villagers land. On February 9, the wife and a maid of one of the villager namely Reach Ki Navin's were met by bulldozers and demolition crews. Ms. So Kim and her maid named Khan Sivon had been protecting the land from being demolished by the developers. When the pair resisted, they had soil dumped on them, burying them up to their waists. It is alleged that the director of the company namely Mr. Chheng Cheng ordered the workers to bury alive. The two women were rescued by the villagers. They suffered a sprained and broken leg respectively.
To briefly explain the background of the land dispute, since 1985, 317 families have lived on the disputed land in Thmei village after a publicly declared acceptance by the Sihanoukville Department of Agriculture, Forestry and Fisheries. The families who lived on that land have not been offered any official title deeds to the property and only have been offered a receipt from the authority. In 1991, Prime Minister Hun Sen declared that the people could continue living on that land and also permitted the people to claim ownership. However, the Sihanoukville department of Agriculture, Forestry and Fisheries had classified them as immovable property occupiers. On 26 April 2000, Prime Minister Hun Sen then issued a sub-degree to grant that land to the Sihanoukville dock authority and to move the people from that area. However, the families did not agree to change and then organized protests demanding that their land be legally returned. Then on 12 February 2001, the prime minister participated in the inauguration ceremony of Sihanouk dock and declared that the families be allowed to continue living on that land.
I am also informed that on 18 December 2001, the Chheng Cheng company hired by the Sihanoukville authority bought four or five blocks of land to be demolished and developed. However, Chheng Cheng had allegedly not only bulldozed and dumped soil on the land it purchased, but it also extended its operation onto the neighbors' land.
In light of the above, I urge you to ensure that the Sihanoukville authority and the Ministry of Agriculture, Forestry and Fisheries examine the affected area first before evicting any villagers. It seems to me that the authority should have consulted with the people first and offered the evicted villagers a fair market price for their land or provide a new location that is of equal value to their original property.
I also urge the Cambodian government to immediately take action against the Sihanoukville dock authority to halt the land seizures. I also ask that the Cambodia authorities to investigate and charge Mr. Lu Kim Chhun, the general director of the Sihanoukville dock authority and Mr. Chheng Cheng, the chief of the Chheng Cheng company, for abusing their power to conduct forced evictions. These crimes must be brought to the court under Cambodian land law 2001 and through the Cambodian Criminal Law (UNTAC Law).
I further request you to ensure that the Ministry of Agriculture, Forestry and Fisheries finds an appropriate solution for the villagers in Thmei village. Finally, I also urge donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this abuse of power by the Sihanoukville authority and to establish the strong rule of law in Cambodia
I look forward to seeing your intervention into this matter.
Yours faithfully,
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PLEASE SEND YOUR LETTER TO:
1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
PhnomPenh
CAMBODIA
Tel: +855 23 21 98 98
Fax: +855 23 36 06 66
2. Mr. Chan Sarun
Minister of Agriculture, Forestry and Fisheries
Ministry of Agriculture, Forestry & Fisheries
N° 200, Norodom
12301 Phnom Penh,
CAMBODIA
Tel: +855 23 211 351-2 or 215 321
Fax: +855 23 217 320
E-mail: maff@everyday.com.kh
3. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh,
CAMBODIA
Fax: + 855 23 36 4119/21 66 22
4. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60
5. Mr. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
Phnom Penh
CAMBODIA
Tel: +855 12 970 608
Fax: +855 23 881 045
6. Mr. Eng Chhai Eang
Member of Parliament
Vice President of the National Land Dispute Authority
# 71 Sothearos Blvd, Sangkat Tonle Basac,
Khan Chamcar Morn
Phnom Penh
Cambodia
Tel: +855 12 73 1111
Fax: +855 23 211 336
Email: srphq@online.com.kh
7. Mr. Say Hak
Governor
Municipality of Sihanoukville
Street Ekareach, Sangkat 3, Khan
Mittapheap, Sihanoukville,
Cambodia.
Tel: 855 034 933 417
Fax: 855 034 933 657
Email: kpsi-admin@Norton.edu.kh
8. Mr. Douglas Gardner
UNDP resident Representative in Cambodia
Resident Coordinator of United Nations/ UNRC
NX 53, Pasteur Street, Boeung Keng Kang I,
Chamkar Mon, Phnom Penh,
CAMBODIA (P.O.Box 877)
Tel: +855-23-214371/214397/211240/211205/216167/216217/213094
Fax: +855-23 216257/721 042/216 863/210 214
9. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights Cambodia
N 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 +85523 216 342
Fax: +855-23-212 579, 213 587
10. 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 Paix1211
Geneva 10,
SWITZERLAND
Tel: +41 22 91 79214
Fax: +4122 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)
11. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Attn: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
