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UPDATE (Cambodia): Tycoon senator signs an agreement that guarantees villagers have a right to live on their land

November 22, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

22 November 2006

[RE: UA-321-2006: CAMBODIA: Two villagers shot and several injured during the illegal forced eviction in Koh Kong]
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UP-212-2006: CAMBODIA: Tycoon senator signs an agreement that guarantees villagers have a right to live on their land

CAMBODIA: Corruption; collapse of the rule of law; illegal deprivation of the land; illegal destruction of property
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that on 12 November 2006, ruling party (CPP) senator and tycoon Ly Yong Phat signed an agreement that guarantees villagers the rights to live on their land in Chi Khor Leu commune at Sre Ambel district in Koh Kong province. Under the agreement, Ly Yong Phat's company will continue to plant sugarcane around the villages but only on the portions of land that is owned by the state. However, Senator Ly Yong Phat and his privately hired police force has not been held accountable for the illegal and forced eviction of 120 families in September 2006.  

According to the latest information we have received, Koh Kong's Deputy Governor Bin Sam Ol, Sre Ambel district Deputy Governor Sour Sitha, the Chief of Chi Khor Leu commune Sin Kheam and Heng San who is the representative of Ly Yong Phat have all signed the agreement between the village's representatives as well as representatives of human right groups. The company representatives had agreed that even if they don't have land paper documents, villagers will be able to use witnesses to establish that they live on the land and are therefore its owners. The Koh Kong province authority also mentioned that if one has enough documents to prove they own the land they can also claim ownership.

To briefly remind you this case, on 19 September 2006, 250 families had been evicted from their village forcefully by senator and tycoon Ly Yong Phat who was working in collaboration of the police at Chi Khor Leu commune at Sre Ambel district in Koh Kong province. The police destroyed the villagers' crops and houses with a bulldozer and brutally attacked the villagers who resisted the eviction. Five villagers were reportedly injured during the assault and two others were wounded by police gunfire (See further: UA-321-2006).

The AHRC is pleased to hear that a solution has been reached between Senator Ly Yong Phat and the villagers, which guarantees that local residents can no longer be forced from their land. This is the first time that the provincial authority has participated in a land dispute solution. 

Although these developments are positive, the AHRC points out that Senator Ly Yong Phat and his privately hired police force are still responsible for the destruction of crops belonging to the villagers and for the injuries sustained by the victims of the earlier forced eviction.  Senator Ly Yong Phat and the police officers involved must be held accountable for the crimes they committed against the villages. They must provide appropriate compensation to the victims of the forced eviction for the injuries they sustained as well as for their lost crops. The Cambodian government must also lift the parliamentary immunity status from the senators when they commit such crimes against their own people.

The AHRC urges the Cambodian government to take immediate measures to issue land ownership to the people of Chi Khor Leu commune who still risk having their land appropriated by high ranking government officials or private companies. We also urge the Cambodia government offer clear ownership status to villagers before granting the land to private companies. Moreover, we also urge donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this abuse of power by the rich and powerful in the serious matter of land disputes and continuous evictions in Cambodia.

SUGESTED ACTION:
Please write to the relevant authorities mentioned below urging them to investigate the Senator's role in the brutal eviction of the 250 villagers and to ensure that they are fully compensated for their crops that were destroyed.  

Sample letter:

Dear ________,

CAMBODIA: Tycoon senator signs an agreement that guarantees villagers have a right to live on their land; but is not held accountable for illegal eviction

Victims: 250 families in Chi Khor Leu commune, Sre Ambel district, Koh Kong province, who are affected by forced eviction
Alleged perpetrators:
1. Senator Mr. Ly Yong Phat, who owns Agriculture Duty Free-Shop Development Company
2. Policemen who were involved in illegal eviction of 250 families in Chi Khor Leu communie on 19 September 2006

I am greatly pleased to hear that on 12 November 2006, ruling party (CPP) senator and tycoon Ly Yong Phat signed an agreement that guarantees villagers the rights to live on their land in Chi Khor Leu commune at Sre Ambel district in Koh Kong province. Under the agreement, Ly Yong Phat's company will continue to plant sugarcane around the villages but only on the portions of land that is owned by the state

According to the information I have received, Koh Kong's Deputy Governor Bin Sam Ol, Sre Ambel district Deputy Governor Sour Sitha, the Chief of Chi Khor Leu commune Sin Kheam and Heng San who is the representative of Ly Yong Phat have all signed the agreement between the village's representatives as well as human right activists. The company representatives had agreed that even if they don't have land paper documents, villagers will be able to use witnesses to establish that they live on the land and are therefore its owners. The Koh Kong province authority also mentioned that if one has enough documents to prove they own the land they can also claim ownership.

I understand that this agreement has come in light of the September 19 forced eviction of 250 families. I was told that the villagers were evicted from their land forcefully by senator and tycoon Ly Yong Phat who was working in collaboration of the police at Chi Khor Leu commune at Sre Ambel district in Koh Kong province. The police destroyed the villagers' crops and houses with a bulldozer and brutally attacked the villagers who resisted the eviction. Five villagers were reportedly injured during the assault and two others were wounded by police gunfire.

Considering these circumstance, I am very pleased to hear that a solution has been reached between Senator Ly Yong Phat and the villagers, which guarantees that local residents can no longer be forced from their land. I understand that this is the first time that the provincial authority has participated in a land dispute solution. 

Although these developments are positive, I would like to point out that Senator Ly Yong Phat and his privately hired police force are still responsible for the destruction of crops belonging to the villagers and for the injuries sustained by the victims of the earlier forced eviction.  Senator Ly Yong Phat and the police officers involved must be held accountable for the crimes they committed against the villages.  They must provide appropriate compensation to the victims of the forced eviction for the injuries they sustained as well as for their lost crops.

I also request you to suggest the Cambodian government to lift the parliamentary immunity status of senators when they commit such crimes against their own people. I also hope you to take prompt and positive measures to issue land ownership to the people of Chi Khor Leu commune who still risk having their land appropriated by high ranking government officials or private companies. Moreover, I ask you to suggest the Cambodia government to offer clear ownership status to villagers before granting the land to private companies. Finally, I urge donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this abuse of power by the rich and powerful in the serious matter of land disputes and continuous evictions and to establish the rule of law in Cambodia.

Sincerely yours,


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PLEASE SEND YOU 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
NX 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. 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)

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 Update
Document ID :
UP-212-2006
Countries :
Issues :
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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.