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CAMBODIA: Ratanakiri governor allegedly rejected the provincial court's prosecutor's order to stop land grabbing

November 27, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

URGENT APPEAL

27 November 2006
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UA-382-2006: CAMBODIA: Ratanakiri governor allegedly rejected the provincial court's prosecutor's order to stop land grabbing
                                                
CAMBODIA: Abuse of power, corruption, absence rule of law.
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Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned that the Ratanakiri provincial Governor allegedly rejected the prosecutor decision on 16 November 2006 of halting the planned bulldozing of 115 hectares of disputed land in Chrung and Kachok villages, Kok commune, Bokeo district, Ratanakiri province. The land belongs to the local indigenous community, has been protected by the villagers in Kok commune and is used for sustainable cultivation.

CASE DETAILS:

Since 2004, the disputed land which is about 50 km from Ratanakiri town has been quietly sold by an ethnic minority leader to a businessman named Kim Mao. Kim Mao then hired 64 year-old Lom Chor Commune Council member Puy Yong (a local ethnic minority leader) to clear the 115 hectares of land at a cost of US$ 300/hectare. If Kim Mao's hired hand could not clear the land, he would then have to pay five times the amount in organising a legitimate private contractor. Puy Yong was then provided with a tractor, a bulldozer, as well as local workers to clear that land.  However, the demolition was met with resistance from roughly 840 villagers from the Chrung and Kachok Kok commune who clashed with the hired workers from Kan Te and Lom Chor commune in the O'Yadaw district. 

When Ratanakiri court prosecutor Mey Sokhan heard about the situation, he issued a warrant to stop the Kon Te and Lom Chor commune hired workers from bulldozing land on 16 November 2006. The prosecutor ordered the provincial police to stop the bulldozing after 18 of the 840 residents of Chrung and Kachok villages, Kok commune filed a complaint to the court. However, the Ratanakiri provincial Governor Mourng Poy allegedly rejected the prosecutor decision and stopped the police from halting the demolition.

BACKGROUND INFORMATION:

The 2001 land law expressed that ownership of immovable properties of indigenous communities is granted by the state as collective ownership. This collective ownership includes all the rights and protections of ownership as are enjoyed by private owners. But the community does not have the right to dispose of any collective ownership that is state public property to any person or group. This is because land of indigenous communities is to establish their residence and identify where they carry out traditional and agriculture. There is no authority outside the community that may acquire any rights to immovable properties belonging to an indigenous community.

In 2005, the Ratakiri provincial court issued a warrant to arrest three government officers, Kham Kheourn (ex Ratakiri province governor), Yeurng Ponlung (ex Ratanakiri police commissioner) and Meurng Sareoun (ex Ratakiri military commander) on charges of illegal logging. Regrettably, these three officials have escaped a way.

The AHRC condemns the Ratanakiri governor for allegedly ignoring the court order and scheming with a private businessman to continue the destruction of indigenous land. We would also like to praise the Ratanakiri court's prosecutor who dared to take action and help protect the indigenous immovable property from being illegally seized. We hope that the prosecutor continues along this path and keeps setting solid examples for others to follow. 

The AHRC also urges the Cambodian government to investigate the governor of Ratanakiri for land grabbing from the state's indigenous community and to punish those who violate the land law.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take immediately action in order to protect the ethnic minority land from being grabbed by a private businessman and the local authorities.

To support this appeal please click:

Sample letter:

Dear ________,

CAMBODIA: Ratanakiri governor allegedly rejected the provincial court's prosecutor's order to stop land grabbing

Victims: 840 indigenous villagers, Chrung and Kachok villages, Kok commune, Bokeo district, Ratanakiri province
Alleged perpetrators:
1. Kim Mao, private businessman
2. Puy Yong, 64 years old, Lom Chor commune council member
3. Mourng Poy, Ratanakiri province governor
Date of the prosecotur's order: 16 November 2006 

I want to express my deep concern about the Ratanakiri provincial Governor's alleged rejection of the decision by the Ratanakiri provincial court prosecutor on 16 November 2006 to halt the planned bulldozing of 115 hectares of disputed land in Chrung and Kachok villages, Kok commune, Bokeo district, Ratanakiri province. The land belongs to the local indigenous community, has been protected by the villagers in Kok commune and is used for sustainable cultivation.

I am aware that since 2004, the disputed land which is about 50 km from Ratanakiri town has been quietly sold by an ethnic minority leader to a businessman named Kim Mao. Kim Mao then hired 64 year-old Lom Chor Commune Council member Puy Yong (a local ethnic minority leader) to clear the 115 hectares of land at a cost of US$ 300/hectare. Puy Yong was then provided with a tractor, a bulldozer, as well as local workers to clear that land.  However, the demolition was met with resistance from roughly 840 villagers from the Chrung and Kachok Kok commune who clashed with the hired workers from Kan Te and Lom Chor commune in the O'Yadaw district. 

I have learned that when the Ratanakiri court prosecutor Mey Sokhan heard about the situation, he issued a warrant to stop the Kon Te and Lom Chor commune hired workers from bulldozing land on 16 November 2006. The prosecutor ordered the provincial police to stop the bulldozing after 18 of the 840 residents of Chrung and Kachok villages, Kok commune filed a complaint to the court. However, the Ratanakiri province Governor Mourng Poy allegedly rejected the prosecutor decision and stopped the police from halting the demolition.

I strongly condemn the Ratanakiri governor for allegedly ignoring the court order and scheming with a private businessman to continue the destruction of indigenous land. I also would also like to praise the Ratanakiri court's prosecutor who dared to take action and help protect the indigenous immovable property from being illegally seized. We hope that the prosecutor continues along this path and keeps setting solid examples for others to follow. 

Under the circumstances, I urge you to investigate the Ratanakiri governor's apparent disobedience of the prosecutor's order. The prosecutor's order should be strictly implemented and the demolition of the land in Chrung and Kachok villages must be immediately stoped accordingly. Besides, if the governor is proven to be involved in land grabbing from the state's indigenous community or corruption relating to this matter, strong legal action must be taken against him. 

I am also aware that according to the 2001 land law, the ownership of immovable properties of indigenous communities cannot be sold to any person or group. I therefore have a view that it is impossible for Kim Mao to illegally purchase the indigenous community's land in Ratanakiri without any corruption in the local administration. I therefore urge you to inquire about this matter and punish those who violate the land law as soon as possible.

Yours sincerely,

______________

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 and 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

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

5. Mr. Mourng Poy
Governor
Village 5, Laban Seak commune,
Ban Lung district,
Ratanakiri province
CAMBODIA
Tel: +855 12 974 020
Fax: +855 75 974 020

6. Dr. Yan Narin
Justice of Ratanakiri Provincial Court
La Ban Seak commune,
Ban Lung district,
Ratanakiri province
CAMBODIA

7. Mr. Ray Rey
Police Commissioner of Ratanakiri
Village 5, Laban Seak commune
Ban Lung district,
Ratanakiri province
CAMBODIA
Tel: +855 12 755 051
Fax: +855 75 974 022

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. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010 (ATTENTION: SPECIAL RAPPORTEUR RIGHT TO FOOD)

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)

[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 many 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.]

Document Type :
Urgent Appeal Case
Document ID :
UA-382-2006
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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.