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CAMBODIA: Alleged illegal expropriation of land by the military in Koh Kong

December 22, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

22 December 2006
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UA-411-2006: CAMBODIA: Alleged illegal expropriation of land by the military in Koh Kong

CAMBODIA: Illegal expropriation of land; violation of Cambodia Land Law; violation of the right to housing and food; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the illegal expropriation of a large plot of land by the Army Brigade 31 of the Cambodian army in Cham Srey village, Kompong Seila commune, Kompong Seila district, Koh Kong province, Cambodia. The affected villagers lodged complaints to several local authorities, including the Ministry of Defence, but have not heard any effective responses from them. 

CASE DETAILS:

On 19 December 2006 a group of 27 villagers from Cham Srey village, Kompong Seila commune, Kompong Seila district, Koh Kong province, camped out in front of the Parliament in Phnom Penh to protest against an illegal expropriation of their farmland of consisting of an area of 170 hectares by the military. The villagers are also calling for an intervention from the MPs and the Prime Minister to return the land to them. 

The process of alleged expropriation started towards the end of 2004 when Meas Sok, Deputy-Commander of Army Brigade 31 of the Cambodian army began to mark the site for eventual occupation on the land that 47 families had cleared from forests and farmed since 1985. In October 2005, Meas Sok allegedly barred those villagers' access to their land using threats and intimidation. In one incident on 26 October 2006, Leng Try, a soldier guarding that land, fired a shot at some of the villagers to intimidate them.

On 14 June 2006 Army Brigade 31 allegedly started to build its barrack and the entire area was completely closed off to their owners. The military then started to destroy their plantations of cashew nuts and mangoes and remove their land posts. Those 47 families immediately protested against the construction and demanded Meas Sok to show them valid documents from higher military authorities assigning the army the legal right to take over the land. However, Mea Sok failed to produce the document and the villagers believe that the army illegally expropriated the land without any valid documentation.   

The affected villagers then made a complaint with the chief of Kompong Seila, who declined to act upon it, claiming that he had no jurisdiction over the military occupation of that specific land. They then filed a complaint with the Kompong Seila district authorities. The district authorities formed a working group to conduct a cadastral survey of the land concerned and the plots belonging to each of the families. This working group was composed of the Cham Srey village chief, the Kompong Seila commune chief, the Kompong Seila commune police chief, a deputy district governor of Kompong Seila, a cadastral officer and two army officers from the Army Brigade 31.

After the inquiry, the working group agreed to allocate the different plots of land as identified to those families with a promise to issue land titles to them in due course. But the army officers disagreed with the decision. Later on, the district authorities met with representatives of those villagers to ask them whether the villagers would accept any compensation in cash, but no specific amount was mentioned. The villagers insisted upon having their land back.

Upon learning that those villagers would go to Phnom Penh to stage a protest in front of the Parliament, Ay Khan, Member of Parliament for Koh Kong province, offered to resolve the dispute through talks between the villagers and the military. He proposed the suspension of all activities by all parties until the final settlement is made. However, the military did not agree and continued the construction on the land. The villagers continued to file their complaints with various competent authorities and in July 2006 the Senate sent their case to the National Defence Ministry to consider. Several days later, this ministry assigned its inspection department to conduct an inquiry into the said expropriation, but since then the villagers have not heard any news on the outcome of the inquiry to date.

In September 2006 those villagers went to protest against the illegal expropriation of their land by the army in front of the Parliament and the National Defence Ministry in Phnom Penh. On December 19 they went again to the Parliament to request the MPs to intervene to get their land back from the military. The villagers suspect that the military grabbed their land to resell for profit.

According to Article 30 of the Cambodian Land Law, anyone who has peacefully occupied any land for at least five years without contest prior to the enactment of that law in 2001, the person(s) is the rightful owner of that land even though he does not have any title to it. Therefore those 47 families are rightful owners of their respective land since they had occupied it without any contest for more than 16 years before 2001.

The AHRC urges the Cambodian government, in particular the Ministry of National Defence and the Cambodian Royal Armed Forces, to take prompt and strong action to ensure the return of the land to the 47 families. Action should also be taken against the army officers of the Army Brigade 31for their unlawful act.

The AHRC also urges donors, UN agencies, international agencies, and the international human rights community to work with the Cambodian government and army to end any abuse of power and illegal expropriation of land.

SUGGESTED ACTION:
Please write to the authorities listed below and request them to intervene to get the military to return the land they have illegally expropriated to its rightful owners and to end any abuse of power and illegal expropriation by the military.

Sample letter:

Dear_________,

CAMBODIA: Alleged illegal expropriation of land by the military in Koh Kong

Victims: 47 families of Cham Srey village, Kompong Seila commune, Kompong Seila district, Koh Kong province, Cambodia
Alleged perpetrators: Meas Sok, Deputy-Commander and officers of Army Brigade 31 of the Cambodian army
Period of illegal expropriation: Illegal expropriation process began in the end of 2004 and the victims have been barred to access to their land since October 2005 to date

I am writing to request your immediate intervention into an alleged illegal expropriation by the Army Brigade 31 of the Cambodian army over the 170 hectares land in Cham Srey village, Kompong Seila commune, Kompong Seila district, Koh Kong province, Cambodia. The land is lawfully owned by the 47 families according to the Cambodian Land Law.

According to the information I have received, those 47 families had peacefully occupied the concerned land and work on it for more than 15 years from 1985. However, the said army brigade started the process of expropriation in the end of 2004 and then completely barred the families to access their land since October 2005 by using various threats and intimidations. In June 2006 the said brigade started to build a barrack on the land, which incited the affected villagers to protest. However, to date Meas Sok, Deputy-Commander and officers of Army Brigade 31 has failed to present the valid legal document from higher authorities about this expropriation of the land.

I was further informed that Army Brigade 31 also declined the decision of the working group established by the composed of various officers of the Kompong Seila district administration, which agreed to allocate the different plots of land as identified to those families with a promise to issue land titles to them in due course. I was also informed that the brigade disagreed to the suggestion of Ay Khan, Member of Parliament for Koh Kong province, who proposed the suspension of all activities by all parties until the final settlement is made.

I was also informed that in July 2006 the Senate sent their case to the National Defence Ministry to consider and the ministry assigned its inspection department to conduct an inquiry into the said expropriation. However, since then the villagers have not heard any news on the outcome of the inquiry to date.

Now those families went to the Parliament in Phnom Penh for the second time on 19 December 2006 to protest against the illegal expropriation by the military and seek intervention to get their land back.

According to Article 30 of the Cambodian Land Law, anyone who had peacefully occupied any land without any contest for at least five years prior to the enactment of that law in 2001 is its rightful owner even though he does not have any title to it. Therefore the 47 families are lawfully entitled the ownership of the said land.

I therefore strongly urge you to take immediate and proper action to ensure that the said land is returned to the 47 families according to the land law without further delay. Apart from that, I also request you to take disciplinary and legal action against Meas Sok, Deputy-Commander and officers of Army Brigade 31 for their abuse of power and illegal expropriation of the land. I further urge you to end such abuse of power and illegal expropriation by the military.

I look to your immediate intervention and action on this matter.

Yours sincerely,


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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: +855-23-21 98 98
Fax: +855-23-36 06 66
E-mail: cabinet1b@camnet.com.kh 

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

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

4. Mr. Youth Phou Thang
Governor of Koh Kong province
Koh Kong Cabinet office
Koh Kong province
CAMBODIA
Tel/ fax: 855-35-93-6049/35-93-6046
 
5. Mr. Douglas Gardner
UNDP resident Representative in Cambodia
Resident Coordinator of United Nations/ UNRC
N 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

6. 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

7. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in
Cambodia
Attn: Ms. 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)

8. 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


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-411-2006
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.