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CAMBODIA: Continuous demolition of village homes and the violent assault of a woman in Palin town

February 22, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

22 February 2007
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UA-059-2007: CAMBODIA: Continuous demolition of village homes and the violent assault of a woman in Palin town

CAMBODIA: collapse of rule of law, corruption, illegal demolish, force of eviction
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that on 11 February 2007 at 11:20 am, two military officers named Vy and Thol allegedly demolished the home of a villager named Keo Sophon and brutally threatened to kill him if he continued to live on his land. The military officers then destroyed his home which was built on land (2000m x 4000m) that served 56 families in Tom Nop Thmey village, Sangkat Steung Trong, Khan Sala Crao, Pailin town. This is not the first time the military has threatened the villagers, with other incidents occurring in December 2006 and January 2007 including a brutal assault on a 44 year-old mother of six. These villagers were forced to relinquish their land to private money lenders after they were unable to make loan payments.  The Government of Cambodia has a responsibility to help these villagers find appropriate land and must reprimand any state officer who violently abused these people.     

CASE DETAILS:

Since 2006, Keo Sophon and the other 56 families have been living on the land (2000m x 4000m). The group is from different areas of Cambodia and had taken up residence on the property after they had been kicked of their previous land. According to a 43-year-old village representative named Sok Meun, the community had surrender their previous land to a private money lender after the villagers could not pay back the loans that they had borrowed. As a result, the have been moving around the area trying to find new homes. 

At around 11:20 am on 11 February 2007, while Sophon was building his new hut with 15 other villagers, two military officers named Vy and Thol arrived on the property and were armed with AK-47 rifles. Under the authorization of Mr. Clauk Nouy, a chief of the Pailin municipality cabinet member, the military men demanded that Sophon cease building his hut. The officers then pointed their guns and threatened to kill Sophon and the 15 villagers. They then were ordered to demolish the structure or face death. Sophon tried to reason with the men but they would not listen. The Pailin city authority has planned to use the area to build an airport. This demolition is illegal because the military or police officers need to get court permission to do so in advance and have to give notice to the evictees, even for houses with illegal occupants according to laws.

This is not the first instance of intimidation by military men on the property. On January 18, two wooden houses were deliberately burned down during the night while villagers slept in their houses. Also on 30 December 2006, a 44-year-old mother of six named Song Saret was seriously beaten by 12 unknown military officers armed with rifles when she tried stopping them from demolishing her house. One of the military officers allegedly kicked her on the chest and smashed her to the ground. Song Saret unsuccessfully begged the soldiers to stop demolishing her house and has still not been compensated for the heavy financial loss or provided with alternate living arrangements. In total, the 56 families on the land have built 20 houses, while witnessing at least five or six of their residence demolished and another two incinerated.

The AHRC stresses that the Cambodian officials have violated article 41 of the Cambodia Criminal Law (UNTAC Law) which clearly states the consequences that military officers or any other citizen will face if they violent abuse another person such as in these cases. The AHRC also points out that the Government of Cambodia is not living up to their commitment as a state party to the International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 11 of the ICESCR clearly states that everyone has a right to a sufficient standard of living and that the government must take the appropriate steps to ensure that this requirement is met. The Government of Cambodia is therefore legally bound by international law to provide these villagers with a proper solution to their housing crisis.  

In light of the above, the AHRC urges the Pailin town authority to conduct a proper investigation into the matter. The court must to take measures to grant appropriate compensation to all those who have lost their homes, especially Keo Sophon and Song Saret. The AHRC also urges the Pailin court to order an independent investigation into the two military officers named Vy and Thol and bring them before court. The AHRC also demands that an inquiry is launched into finding and prosecuting the criminals who brutally assaulted Song Saret.   

The AHRC also request the Cambodian government to provide assistance to relocate and rehabilitate these families, as there are many children involved who need access to educational and health facilities. 

SUGGESTED ACTION:
Please write to the relevant authorities mentioned below urging them to investigate the Pailin town authority and the two military officers named Vy and Thol. Also urge them to investigate the other 12 military officers allegedly involved with the destruction of the community’s property.

To support this appeal, please click:

Sample letter:

Dear ________,

CAMBODIA: Continues demolition of village homes and the violent assault of a woman in Palin town

Victims:
1. Ms. Song Saret, aged 44, residing in Tom Nop Thmey village, Steung Trong commune, Sala Crao district, Pailin town, Battambang province, Cambodia
2. Mr. Keo Sophon, residing in Tom Nop Thmey village
Alleged Perpetrators:
1. Military officers named Vy and Thol
2. 12 unknown military officers
Date of incident: 11 February 2007 at 11: 20 am; 18 January 2007; 30 December 2007
Place of incident: Tom Nop Thmey village
 
I am writing to express my deep concern over the recent the demolition of houses of villagers by the military that have so far resulted in violent threats, intimidation and a brutal assault of the victims listed above. I must also point out that the only reason these villagers were on the land to begin with is because the government has not been able to guarantee them an adequate standard of living. These villagers were forced to relinquish their original land to private money lenders after they were unable to make loan payments. The Government of Cambodia has a responsibility to help these villagers find appropriate land and must reprimand any state officer who violently abused these people.     

According to the information I have received, two military officers named Vy and Thol are allegedly responsible for demolishing the home of a villager named Keo Sophon.  He also had his life threatened by the military men if he continued to live on his land on 11 February 2007. The military officers then destroyed his home which was built on land (2000m x 4000m) that served 56 families in Tom Nop Thmey village, Sangkat Steung Trong, Khan Sala Crao, Pailin town. 

I have learned that since 2006, Keo Sophon and the other 56 families have been living on the land (2000m x 4000m). The group is from different areas of Cambodia and had taken up residence on the property after they had been kicked of their previous land. According to a 43-year-old village representative named Sok Meun, the community had surrender their previous land to a private money lender after the villagers could not pay back the loans that they had borrowed. As a result, the have been moving around the area trying to find new homes. 

I have been informed that around 11:20 am on 11 February 2007, while Sophon was building his new hut with 15 other villagers, two military officers named Vy and Thol arrived on the property and were armed with AK-47 rifles. Under the authorization of Mr. Clauk Nouy, a chief of the Pailin municipality cabinet member, the military men demanded that Sophon cease building his hut. The officers then pointed their guns and threatened to kill Sophon and the 15 villagers. They then were ordered to demolish the structure or face death. Sophon tried to reason with the men but they would not listen. The Pailin city authority has planned to use the area to build an airport.

I want to point out that this demolition is illegal because the military or police officers need to get court permission to do so in advance and have to give notice to the evictees, even for houses with illegal occupants according to laws.

I also know that this is not the first instance of intimidation by military men on the property.  On January 18, two wooden houses were deliberately burned down during the night while villagers slept in their houses. Also on 30 December 2006, a 44-year-old mother of six named Song Saret was seriously beaten by 12 unknown military officers armed with rifles when she tried stopping the army from demolishing her house. One of the military officers allegedly kicked her on the chest and smashed her to the ground. Song Saret unsuccessfully begged the soldiers to stop demolishing her house and has still not been compensated for the heavy financial loss or provided with alternate living arrangements.  In total, the 56 families on the land have built 20 houses, while witnessing at least five or six of their residence demolished and another two incinerated.

I would like to remind you that the Cambodian officials involved in these brutal evictions have violated article 41 of the Cambodia Criminal Law (UNTAC Law) which clearly states the consequences that military officers or any other citizen will face if they violent abuse another person such as in these cases. I would also like to point out that the Government of Cambodia is not living up to their commitment as a state party to the International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 11 of the ICESCR clearly states that everyone has a right to a sufficient standard of living and that the government must take the appropriate steps to ensure that this requirement is met. The Government of Cambodia is therefore legally bound by international law to provide these villagers with a proper solution to their housing crisis.  

In light of the above, I urge the Pailin town authority to conduct a proper investigation into the matter. The court must take measures to grant appropriate compensation to all those who have lost their homes, especially Keo Sophon and Song Saret. I also hope that the Pailin court will order an independent investigation into the two military officers named Vy and Thol and bring them before court. I also demand that an inquiry is launched into finding and prosecuting the criminals who brutally assaulted Song Saret.

Finally, I ask that you find a way to relocate and rehabilitate these families. I request you to make this your utmost priority, as there are many children involved who need access to educational and health facilities.

I look forward to hearing about your intervention in 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
Phnom Penh
CAMBODIA
Tel: +855 23 219898
Fax: +855 23 360666

2. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855 23 364119/ 216622

3. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Tel/Fax: +855 23 216585/ 220952

4. Y Chhean
Pailin town governor
Municipality of Pailin
Street 57, Paht Chhoeung Village
Sangkat Pailin
Khan Pailin
Pailin town
CAMBODIA
Tel: 855 16 555555/ 16 559999

5. Mr. Chan Sarun
Minister of Agriculture, Forestry and Fisheries
Ministry of Agriculture, Forestry & Fisheries
N° 200, Norodom
12301 Phnom Penh, Cambodia
Tel: +855 23 211351 or 215321
Tel/fax: +855 23 211411
Fax: +855 23 217320
E-mail: maff@everyday.com.kh  

6. Mr. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
Tel: +855 12 970 608
Fax: +855 23 881 045

7. 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  

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
Fax: +855 23 216257/ 721042/ 216863

9. 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 987671 / 987672 or 216342
Fax: +855 23 212579 or 213587

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 Paix
1211 Geneva 10
Switzerland
Tel: +41 22 91 79214
Fax: +41 22 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)

11. Mr. Miloon Kothari
UN Special Rapporteur on adequate housing
Att: 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 REPORTEUR HOUSING)


Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
UA-059-2007
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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.