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UPDATE (Cambodia): Alleged threats by Ratanakiri governor on human rights defenders working for indigenous people's land rights

December 1, 2006

[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.]

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

1 December 2006

[RE: UA-382-2006: CAMBODIA: Ratanakiri governor allegedly rejected the provincial court's prosecutor's order to stop land grabbing; UA-384-2006: CAMBODIA: Death threats to an activist working against land grabbing in Ratanakiri]
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UP-218-2006: CAMBODIA: Alleged threats by Ratanakiri governor on human rights defenders working for indigenous people's land rights

CAMBODIA: abuse of power, collapse rule of law, corruption,
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Dear friends,

The Asia Human Rights Commission (AHRC) has received updated information regarding the case that the Ratanakiri provincial governor allegedly rejected the provincial court's prosecutor's order to stop land grabbing (See further: UA-382-2006). We were informed that the Ratanakiri provincial governor further allegedly threatened a reporter of the Radio Free Asia (RFA), who reported the planned clearance of the concerned land. The AHRC believes this is another attempt by the Ratanakiri government to repress the human rights defenders working against illegal land grabbing in the province as well as their freedom of expression. We call for your urgent intervention into this matter.

UPDATED INFORMATION: 

On 29 November 2006, the Ratanakiri provincial governor Mr. Mourng Poy invited Mr. Sok Ratha (alias Rathavisal in professional), the reporter of the Radio Free Asia, and Mr. Pen Bonna, the activist of the Ratanakiri branch of the local human rights organization ADHOC, to the provincial cabinet meeting.  Mr. Sok Ratha had earlier reported on the matter of about 115 hectares of controversial forest land belonging to 840 indigenous villagers of Chrung and Kachok villages in Bokew district in order to halt the planned bulldozing by a private businessman named Mr. Kim Mao. Mr. Pen Bonna has been also investigating this case in order to reveal the alleged corruption of the local administration and businessmen. The AHRC has recently reported that he received death threats due to his work for the land rights of the indigenous villagers (See further: UA-384-2006). Mr. Pen Bonna reportedly was absent in the meeting as he was participating in a meeting held in Phnom Penh.

It is reported that Governor Mourng Poy allegedly threatened Mr. Sok Ratha during the meeting. He lifted a paper in some distance from Mr. Sok Ratha's seat and told him that it was a complaint paper lodged by the villagers in O'yadaw district who complained against Mr. Pen Bonna and Mr. Sok Ratha about their "incitement" regarding the 115 hectares land dispute in Chrung and Kachok villages. However, when Mr. Sok Ratha asked the governor to explain the details of the complaint including its context and the complaint date, he allegedly refused to do so.

In another incident, the governor also allegedly threatened three villagers from Chrung and Kachok villages to drop the complaint made by 18 villagers on behalf of 840 villagers of the said villages at the Ratanakiri provincial Court. The three villagers then went to the provincial court to drop the complaint but the court prosecutor Mr. Mey Sokhan reportedly refused to drop the case. The prosecutor reportedly told the three villagers that individuals could not drop the case because the state prosecutor represents the case as it is a public interest matter. 

The concerned 115 hectars of land was illegally sold by an ethnic minority leader named Puy Yong to a businessman named Mr. Kim Mao, despite the fact that according to the 2001 land law, the ownership of immovable properties of indigenous communities cannot be sold to any person or group. In addition, the Cambodian government issued a regulation number 37 on December 26, 1996 that prevents the forest land or indigenous community land from being cut, sold or privatized. The AHRC has previously reported that Governor Mourng Poy allegedly refused the order of the provincial court prosecutor Mr. Mey Sokhan on 16 November 2006 to halt the planned bulldozing of the concerned land (See further: UA-382-2006).

The AHRC strongly condemns that the alleged threats by the provincial governor against the reporter of the Radio Free Asia (RFA) and the human rights activist is another attempt to repress the human rights defenders working against illegal land grabbing in the province as well as their freedom of expression.

If the politician or government officers are allowed to restrict the fundamental rights of citizens in excuse of simple and unidentified "complaints" lodged before them, it will severely undermine the fundamental rights of citizens. If such complaint exists, they should be handled through due process to inquire into the real circumstances of the case and therefore it's not proper for the governor to use it as a method to threat the human rights defenders. 

Furthermore, the alleged constant attempts by the governor to act in favor of the businessman Mr. Kim Mao makes us suspect that there might be some corruption between him and Mr. Kim Mao. It is quite possible considering the previous record of ex Ratankiri province authority. The municipal court in Ratanakiri recently convicted several ex government officials including the former Ratanakiri provincial governor, the former Ratankiri provincial police chief and the Ratankiri provincial military commander for their involvement in the notorious 2004 illegal logging scandal at Virachey National Park. All the officials were sentenced to over 10 year imprisonment each.

Illegal land grabbing and logging has become serious issues in Cambodia. Ratanakiri is one of the worst places among other provinces relating to this matter.

According to Article 259 of the Land Law 2001, an infringement against public property shall be fined from five million Riel (USD 1,278) to fifty million Riel (USD 12,780) and/or imprisoned from one to five years. Therefore, Mr. Kim Mao's purchase of the concerned 115 hectars of land is illegal and he has no entitlement over the land according to the Land Law.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to immediately inquire the alleged threats by Ratanakiri provincial governor and take action against him. Please also urge them to take all measures to protect the indigenous villagers' land in Chrung and Kachok villages from the illegal land grabbing and strictly enforce the Land Law 2001 in order to prevent similar violations in the future.

To support this appeal please click:

Sample letter:

Dear ________,

CAMBODIA: Alleged threats by Ratanakiri governor on human rights defenders working for indigenous people's land rights

Name of victims:
1. Mr. Sok Ratha (alias Rathavisal in professional), aged 52, reporter of Radio Free Asia reporter in Ratanakiri province
2. Mr. Pen Bonna, aged 44, activist of ADHOC-Ratanakiri branch
3. 840 indigenous villagers in Chrung and Kachok villages, Kok commune, Bokeo district, Ratanakiri province
Those responsible: 
1. Mr. Mourng Poy, Governor of Ratanakiri province
2. Mr. Kim Mao, businessman who illegally purchased 115 hectars of land of 840 villagers in Chrung and Kachok villages in violation of Land Law 2001
3. Mr. Puy Yong, aged 64, member of Lom Chor Commune Council who illegally sold the concerned land to Mr. Kim Mao
Date of incident: Received threats from the governor on 29 November 2006; land dispute continuing since 2004 

I am deeply concerned by the alleged threat made by the Ratanakiri provincial governor against a reporter of the Radio Free Asia (RFA) and one human rights defenders working on illegal land grabbing in Chrung and Kachok villages on 29 November 2006. It make me more concerned that such a threat was made about two weeks after the said governor refused to follow the provincial court's prosecutor's order to stop clearance of the concerned land on 16 November 2006.

According to the information I have received, on 29 November 2006, the Ratanakiri provincial governor Mr. Mourng Poy invited Mr. Sok Ratha, the reporter of the Radio Free Asia, and Mr. Pen Bonna, the activist of the Ratanakiri branch of the ADHOC, to the provincial cabinet meeting.  Both men are actively working about 115 hectares of controversial forest land in Chrung and Kachok villages in Bokew district that was illegally sold by one businessmen named Mr. Kim Mao. Mr. Pen Bonna reportedly was absence in the meeting.

I was informed that Governor Mourng Poy allegedly threatened Mr. Sok Ratha during the meeting by telling him that there is a complaint lodged by the villagers in O'yadaw district who complained against him and Mr. Pen Bonna and Mr. Sok Ratha about their "incitement" regarding the concerned land mentioned above. However, when Mr. Sok Ratha asked the governor to explain the details of the complaint including its context and the complaint date, he allegedly refused to do so.

I was also informed that Governor Mourng Poy also allegedly threatened three villagers from Chrung and Kachok villages to drop the complaint made by 18 villagers on behalf of 840 villagers of the said villages at the Ratanakiri provincial Court. However, the court prosecutor Mr. Mey Sokhan reportedly refused to drop the case, saying that individuals could not drop the case because the case is a public interest matter. 

I believe that the threats by the provincial governor against the reporter of the Radio Free Asia (RFA) and the human rights activist is another attempt to repress the human rights defenders working against illegal land grabbing in the province as well as their freedom of expression. If the politician or government officers are allowed to restrict the fundamental rights of citizens in excuse of simple and unidentified "complaints" lodged before them, it will severely undermine the fundamental rights of citizens. It can also allow manipulation of the so-called "complaint" by powerful and influential figures against the activists or vulnerable sectors of the society to prevent them from exercising their basic rights. If such complaint exists, it should be handled through due process to inquire into the real circumstances of the case and therefore it's not proper for the governor to use it as a method to threat the human rights defenders. 

I am also concerned that the governor's constant attempts to act in favor of the businessman Mr. Kim Mao might indicate corruption between him and Mr. Kim Mao. It is quite possible considering the fact that several ex government officials including the former Ratanakiri provincial governor, the former Ratankiri provincial police chief and the Ratankiri provincial military commander were recently convicted for their involvement in the notorious 2004 illegal logging scandal at Virachey National Park.

According to Article 259 of the Land Law 2001, an infringement against public property shall be fined from five million Riel (USD 1,278) to fifty million Riel (USD 12,780) and/or imprisoned from one to five years. In addition, the Cambodian government issued a regulation number 37 on December 26, 1996 that prevents the forest land or indigenous community land from being cut, sold or privatized. Therefore, Mr. Kim Mao's purchase of the concerned 115 hectars of land is illegal and he has no entitlement over the land according to the Land Law.

I therefore strongly urge you to immediately inquire the alleged threat by Ratanakiri provincial governor against two human rights defenders as well as other allegations that he is involved in regarding the illegal land grabbing in Chrung and Kachok villages. If the allegations are proven true or/and if he is proven to be involved in corruption relating to the concerned land, strong legal action should be taken against him. I also urge you to take adequate action to restore the entitlement of 840 villagers in Chrung and Kachok villages without delay and take appropriate action against Mr. Kim Mao who illegally purchased the concerned land in violation of Land Law 2001. I also urge the Cambodian government to strictly enforce the Land Law 2001 in order to prevent similar violations in the future.

I look forward to seeing your effective intervention into this matter.

Sincerely yours,


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PLEASE SEND YOUR LETTERS 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. Dr. Yan Narin
Justice of Ratanakiri Provincial Court
La Ban Seak commune,
Ban Lung district,
Ratanakiri province
CAMBODIA

6. 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

7. 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

8. 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)

9. 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)

10. Mr. Rodolfo Stavenhagen
UN Special Rapporteur on human rights and fundamental freedoms of indigenous peoples
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: SPECIAL RAPPORTEUR INDIGENOUS PEOPLES)


Thank you.

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


Document Type :
Urgent Appeal Update
Document ID :
UP-218-2006
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.