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UPDATE (Cambodia): Investment firm's alleged negligence destroys family home in blaze and then provides no compensation

January 19, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

19 January 2007

[RE: UA-013-2007: CAMBODIA: Two communities lose their land over a shady government contract]
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UP-006-2007: CAMBODIA: Investment firm's alleged negligence destroys family home in blaze and then provides no compensation  

CAMBODIA: Corruption, mistake of concession procedure, no participated from the people, collapse of rule of law.
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Dear friends,

The Asian Human Rights Commission (AHRC) wishes to update you on a land dispute that was reported on earlier this month involving the forced eviction of two communities from the Sambo district in Kratie province, Cambodia. On 13 January 2007, a house belonging to 27 year-old farmer and father of two Oun Theurn was burned to the ground after it was engulfed in flames that had allegedly spread from a fire caused by the Chinese investment company Global Agricultural Development Cambodia Co. Ltd., who have also been at the centre of the Kratie land dispute. The company was allegedly burning fields to clear the land in order to grow a teak plantation in Chang Hob village, Khbal Dom Rey commune, Sambo district, Kratie province. The company has refused to compensate the farmer after he had reportedly demanded 3 million Riel (USD 770) in compensation. The government authorities have also offered no assistance in settling the dispute and have denied the victim any possibility of redress by avoiding the situation (See further: UA-013-2007).

UPDATED INFORMATION:

According to Thach Metrey from the Cambodian Center for Human Rights (CCHR) based in Kratie province, workers from the company had burned the fields and forest over the area of 9,800 hectares of land in order to clear space to grow the teak plantations. The fire then spread onto land belonging to local residents and burned at least one wooden house that was owned by Oun Theurn. Oun Theurn's not only lost his home, but also his cultivated land for producing rice and most of his possessions.  

The following day on 14 January 2007 after his house was destroyed, Oun Theurn immediately went to the company in order to complain about his house. After Oun Theurn spent a few hours talking with the Company manager, he demanded 3 million Riel (USD 770) in compensation. The company manager refused Oun Theurn's request and then transferred the complaint to the authorities hoping they would solve the company's problems. Oun Theurn then complained to the local authority in Khbal Dom Rey commune. However, Khbal Dom Rey commune chief did not help and instead forwarded the complaint to Sambo district authorities who then transfer the complaint to the provincial authorities.

Thach Metrey also stressed that on 16 January 2007 around 10:30 am, 210 people rallied in the Chang Hob village pagoda to demand that the Chinese company withdraw from their communities and compensate Oun Thurn. At that time, the Kratie provincial authorities including Vice Governor of Kratie Province Mr. Thon Kry, Land Title Department in Chief Mr. Mant Sophat, Sambo District Deputy Governor Mr. Men Vanna guided by 8 military police armed with rifles came to the scene to negotiate with the protesters. The Kratie provincial authorities are discussing the dispute at the provincial office. Thach Metrey has also claimed that no solution to the clashes is in sight.

According to Article 53 of the Cambodian Criminal Law (UNTAC Law), anyone who defaces or attempts to voluntarily deface property via fire or an explosive substance they shall be found guilty of a misdemeanor act involving voluntary arson. This crime caries a one to three year prison term and is doubled if the destroyed property is a dwelling of one or more persons. 

The AHRC therefore urges the Kratie provincial governor to conduct an independence inquiry into the business practices of the Chinese company over the destruction of Oun Thurn home. The AHRC also urge the Cambodia government to immediately sanction the company and demand that they provide proper compensation to the victim and his family. 

The AHRC also urges the Cambodia authorities to work for the people and enforce the rule of law in protecting land rights.   

BACKGROUND INFORMATION:

On 15 March 2006, the Ministry of Agriculture signed a 70 year lease contract with the Chinese investment company Global Agricultural Development Cambodia Co. Ltd to develop teak plantations. After signing the contract, the company began bulldozing the 9800 hectares of land and started to divide the area into plots set out for the new plantations and the company's office.

The land that was granted by the state is from two communes in the Sambo district named O Kriang and Khbal Dom Rey. The total amount of agricultural land that was taken over in O Kriang commune is 1138 hectares, with another 1448 hectares of land from Khbal Dom Rey. However, Thach Metrey added that despite the villagers' claims, the government contends that they only reclaimed 51 hectares of cultivated land from O Kriang commune and another 69 hectares from Khbal Dom Rey commune. The company has provided no compensation to the villagers and the government continues to show little interest in resolving the dispute. Also, the government had not initiated any consultation with the local people whether the land concession will affect their agriculture. (See further: UA-013-2007).

SUGESSTED ACTION:
Please write to the authorities listed below to urge them to intervene. Please urge them to investigate the business practices of the company involved. Also, please urge the company and government to apologize to the victim and provide proper compensation for all the damage and trauma by the fire.

To support this appeal, please click:

Sample letter:

Dear __________,

CAMBODIA: Investment firm's alleged negligence destroys family home in blaze and then provides no compensation

Victims:
1- Oun Theun, a 27-year-old man with two children and wife
2- 936 families in O Kriang commune, Sambo district, Kratie province 
3- 724 families equal to 3642 people in Khbal Dom Rey commune, Sambo district, Kratie province
Those who are allegedly responsible: 
1- Manager of the Global Agricultural Development Cambodia Co. Ltd
2- Commune chief of the Khbal Dom Rey commune and the officials of the Sambo district authority
3- Ministry of Agriculture, Forestry & Fisheries
Date of incident: Oun Theun's house was burned to the ground on 13 January 2007; 9800 hectares of land have been bulldozed and cleared since the mid of August 2006
Place of incident: O Kriang commune, Khbal Dom Rey commune, Sambo district, Kratie province

I am writing to express my deep concern over the destruction of a house belonging to a 27 year-old farmer and father of two named Oun Theurn that was burned to the ground after it was engulfed in flames that had allegedly spread from a fire caused by the Chinese investment company Global Agricultural Development Cambodia Co. Ltd., who have also been at the centre of the Kratie land dispute. 

I have also learned that after the victim reportedly demanded 3 million Riel (USD 770) in compensation the company refused to negotiate with him and has since made little effort in resolving the dispute. I am also appalled to hear the government authorities have done nothing to help the family and are in fact avoiding the situation. It is shameful that the provincial officials are refusing to deal with the incident.  

I strongly urge the Cambodian government to take action against this company for allegedly destroying the property of the Oun Thurn and his family. Article 53 of the Cambodian Criminal Law (UNTAC Law) clearly states that anyone who defaces or attempts to voluntarily deface property via fire or an explosive substance they shall be found guilty of a misdemeanor act involving voluntary arson. This crime caries a one to three year prison term and is doubled if the destroyed property is a dwelling of one or more persons. 

I also urge the Kratie provincial governor to conduct an independence inquiry into the business practices of the Chinese company over the destruction of Oun Thurn home. If it is proven that the company is responsible for the homes destruction, they must immediately be sanction by the government and ordered to provide proper compensation to the victim and his family. 

I want to again draw your attention that the land concession that was granted by the government is seriously affecting the villagers' livelihoods. According to the village chiefs, the people have been in the area since the 1980. According to article 44 of the Cambodian Land Law of 2001, any person who has continuously occupied land for more than 5 years will automatically be entitled the land ownership.

I therefore urge the Cambodia authorities to work for the people and enforce the rule of law in protecting land rights.   

I look forward to hearing about your intervention 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
PhnomPenh
CAMBODIA
Tel: +855 23 21 98 98
Fax: +855 23 36 06 66
E-mail: cabinet1b@camnet.com.kh   

2. 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
E-mail: info@pressocm.gov.kh   

3. 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 

4. Mr. Chan Sarun
Minister of Agriculture, Forestry and Fisheries
Ministry of Agriculture, Forestry & Fisheries
N° 200, Norodom
12301 Phnom Penh, Cambodia
Tel023 211 351-2
Tel023 215 321
Tel & Fax023 211 411
Fax023 217 320
E-Mail: maff@everyday.com.kh 

5. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh,
CAMBODIA
Fax: + 855 23 36 4119/21 66 22

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

7. Mr. Kham Pheurn
Kratie Provincial governor
Beoung Kalou Village
Kratie commune, Kratie district
Kratie province
CAMBODIA
Tel: 855- 12 923 937
Fax: 855- 72 971 416

8. Mr. Choung Seang Hak
Police commissioner
Beoung Kalou Village
Kratie commune, Kratie district
Kratie province
CAMBODIA
Tel: 855- 12 885 838
Fax: 855- 72 971 444

9. Mr. Ean En
Chief of Kratie Provincial court
Beoung Kalou Village
Kratie commune, Kratie district
Kratie province
CAMBODIA
Tel: 855- 12 809 422
Fax: 855- 72 971 414

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 +85523 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: 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)


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-006-2007
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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.