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CAMBODIA: Forced eviction of 92 families in Sihanoukville allegedly led by Khan Stung Hav governor

May 31, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

31 May 2007

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UA-172-2007: CAMBODIA: Forced eviction of 92 families in Sihanoukville allegedly led by Khan Stung Hav governor

CAMBODIA: Corruption; collapse of rule of law; illegal deprivation of land; illegal land eviction; abuse of power
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that 92 families were forcibly evicted from their 120 hectares of land in Sangkat (commune) O' Tress, Khan (district) Stung Hav, Sihanoukville by more than 100 armed police, military police and 20 gangsters on 23 May 2007. They were allegedly led by Khann Stung Hav governor Mey Kaing. Their houses were demolished by the tractors and bulldozers that the authorities operated. It is believed that a high ranking military officer named Sar Soeng will occupy the land as his private property with the help of the governor and other officials. The AHRC has reported several cases of forced eviction from the same commune and this is just one of the cases done by the state officials. (See other cases in same commune: UA-409-2006; UA-411-2006; UA-003-2007; UA-026-2007; UA-053-2007; UP-063-2007,)

CASE DETAILS:

According to the information we have received, Mey Kaing, the governor of Khan Stung Hav, issued a notice to evict the 92 families who reside in about 120 hectares of land in Sangkat O' Tress, Khann Stung Hav, Sihanoukville in October 2006 and then he accused them of living illegally on the land where they have done so peacefully since 1993 to Sar Soeng, a Sihanoukville military officer. On 29 November 2006, the governor allegedly led the 100 strong force armed with rifles and electric batons. They came with tractors and bulldozers to destroy the villagers’ house. At the same time, the people had a peaceful demonstration and lodged a complaint to Hun Sen, the Prime Minister about the threat of eviction to grab their land and destroy houses. This threat seemed to come to an end after getting a notice to stop issued by the Prime Minister in 27 December 2006.

On 23 May 2007, however, around 100 armed security forces who were allegedly led by the governor with Vong Bunthorn, a military police commander, Chan Dara, a chief of police inspector in Kahn Stung Hav and Sar Soeng, a military officer came to the area and started destroying the crops and houses by tractors and bulldozers without orders or permission from a court. More than 30 houses were completely destroyed and their sole means of living such as crops and domestic animals were cleared from the whole area.

The action violates the Cambodian Land Law 2001 as well as the notice of Prime Minister who had guaranteed that he would stop and condemn the officials who used their power in grabbing land. This is clear evidence that the Sihanoukville authorities do not respect the rights of the people as enshrined in the Cambodian Constitution and the Land Law 2001 as well as the Prime Minister’s order. It also violates the International Covenant on Economic, Social and Cultural Rights (ICESCR) to which Cambodia is a state party. No action has yet been taken against those responsible for land grabbing by the government in order to bring them before a court and it occurs across the country.

The villagers who have suffered from forced eviction have not received compensation, neither have they been provided with resettlement so that they earn or do business to sustain themselves and their families.

The AHRC urges the relevant authorities of Cambodia to conduct a thorough investigation into this matter and to bring those responsible before a court and remove them from their post so that their illegal action to the families should not be excused if the allegations are proven true. It also urges the court prosecutor general to immediately provide justice to the families who were evicted and appropriate places with title of ownership for them. It further urges the Cambodian government to redress the situations of ongoing forced evictions and land grabbing by state officials in order to end this abuse of power and establish a strong rule of law in Cambodia.

BACKGROUND INFORMATION:

Those families forcibly evicted by state officials are liable to get ownership of the land in accordance with the Cambodian Land Law 2001 which states that, any people who are living or continue living on the land peacefully for five year or more, then five year can be able to claim for the title of ownership. And according to Article 253 of the Law, any person who uses violence against a possessor in good faith of an immovable property, whether or not his title has been established or is disputed, shall be fined from 1,500,000 Riel (USD 385) to 25,000,000 Riel (USD 6,420) and/or imprisoned 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 participate in the commission of such violence, he shall be subject to the same penalties as the perpetrator of the violence.

ADDITIONAL COMMENTS:

The AHRC has reported number of cases of forced land eviction by state and local authorities in throughout the whole country of Cambodia. In some of the cases, several villagers had been falsely charged by courts and in the other cases many of the villagers had been injured and not received any compensation for justice. Even though there some that same local authorities have been involved in forced eviction with police and army, those responsible have yet been conducted thorough investigation and the families evicted have still undergone in hard condition without compensation or justice. The AHRC is deeply concerning about ongoing practices by state officials and urges these cases should be resolved as soon as possible in accordance with law and justice.


SUGESTED ACTION:
Please immediately write to the relevant authorities listed below demanding their immediate intervention into the forced eviction of 92 families. Please also urge them to inquire about the illegal eviction and bulldozed villagers' houses, animals and crops which allegedly led by May Kaing, a governor of Khan Stung Hav with Vong Bunthorn, a military police commander, Chan Dara, a chief of police inspector, Sar Soeng, a Sihanoukville military officer and the armed forces so that those responsible will be brought to justice.

To support this appeal please click:

Sample letter:

Dear ________,

CAMBODIA: Forced eviction of 92 families in Sihanoukville allegedly led by Khan Stung Hav governor

Victims who were forcibly evicted: 92 families, Sangkat (commune) O' Tress, Khan (district) Stung Hav, Sihanoukville
Alleged perpetrators:
1. Mey Kaing, Khan Stung Hav governor in Sihanoukville
2. Vong Bunthorn, military police commander in Sihanoukville
3. Chan Dara, chief of police inspector in Khan Stung Hav
4. Sar Soeng, military officer in Sihanoukville
Date of eviction: 23 May 2007
Place of eviction: Sangkat O' Tress, Khan Stung Hav, Sihanoukville

I am writing to express my deep concern over that 92 families were forcibly evicted from their 120 hectares of land in Sangkat (commune) O' Tress, Khan (district) Stung Hav, Sihanoukville by more than 100 armed police, military police and 20 gangsters on 23 May 2007 that  allegedly led by Khann Stung Hav governor Mey Kaing. Their houses were demolished by the tractors and bulldozers that the authorities had operated. It is believed that a high ranking military officer named Sar Soeng would occupy the land as his private property with the help of the governor Mey Kaing and other officials.

According to the information I have received, they came to the area and started destroying the crops and houses by tractors and bulldozers without order or permission from a court. While being operating, all villagers’ properties including house supplies were also destroyed. More than 30 houses went completely in ruins and their sole means of living such as crops and domestic animals were cleared from the whole area.

I urge the relevant authorities of Cambodia to conduct thorough investigation in this matter and to bring those responsible before a court and remove them from their post so that their illegal action to the families should not be excused if the allegations are proven true.

I also urge the court prosecutor general to immediately provide justice to the families who were evicted and appropriate places with tile of ownership for them. It further urges the Cambodian government to redress currently ongoing forced eviction and land grabbing by state officials in order to end this abuse of power and establish a strong rule of law in Cambodia.

I am deeply concerned about the ongoing practices by state officials and urge that these cases should be resolved as soon as possible in accordance with law and justice.

 

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. Samdech Chea Sim
Senate president
Chamcar Mon State Palace
Pheah Norodom Blvd
Phnom Penh
CAMBODIA
Tel: +855-23-21 1441-3
Fax: +855-23-21 1446
Email: info@senate.gov.kh 

3. Mr. Samdech Heng Samrin
President of National Assembly
Sothearos Street
Phnom Penh
CAMBODIA
Tel: +855-23-21 41 36/21 77 68
Fax: +855-23-21 7769

4. 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
Email: info@pressocm.gov.kh     

5. 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  

6. Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
275 Norodom Blvd.
Phnom Penh
CAMBODIA
Tel/fax: +855-23 72 19 05/72 60 52/72 11 90
Email: info@interior.gov.kh, moi@interior.gov.kh  

7. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855-23-36 41 19/21 66 22

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

9. Gen. Ke Kim Yan
Commander-in-Chief
High Command Headquarters
Royal Cambodian Armed Forces
Kambol
Phnom Penh
CAMBODIA

10. 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 +855 23 216 342
Fax: +855-23-212 579, 213 587

11. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Marianne Haugaard
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)

12. 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 Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-172-2007
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.