Original report from Phnom Penh
03 June 2008
More than 500 coastal fishermen from three coastal provinces have been allowed permission to gather ahead of World Environment Day, rights officials said.
The fishermen were originally denied permission by Kampot provincial authorities, but after meetings late Tuesday, Kampot Deputy Governor Khem Samorn said they would be allowed to continue a march Wednesday, a day ahead of Environment Day.
The fishermen plan to gather in Kampot town in the morning, then carry banners through the streets denouncing illegal sales of land along the southern sea coast, in a strip of forest called Korng Kang.
Wednesday's gathering would be the first of its kind, organizers said.
Khem Samorn said he decided to allow the march because the Ministry of Interior approved. Police will provide security for the marchers, he said.
The fishermen were originally denied permission by Kampot provincial authorities, but after meetings late Tuesday, Kampot Deputy Governor Khem Samorn said they would be allowed to continue a march Wednesday, a day ahead of Environment Day.
The fishermen plan to gather in Kampot town in the morning, then carry banners through the streets denouncing illegal sales of land along the southern sea coast, in a strip of forest called Korng Kang.
Wednesday's gathering would be the first of its kind, organizers said.
Khem Samorn said he decided to allow the march because the Ministry of Interior approved. Police will provide security for the marchers, he said.
Who are doing illegal SALES of land everywhere??? Offcials again. WEAK CPP Government!!!
ReplyDeletePlease vote DIFFERENT party for a CHANGE.
Kaun Khmer
DO NOT VORRY WE STILL WIN EVENT 100% CAMBODIAN NOT VOTING FOR US.
ReplyDeleteCPP.
True, but virtually all Khmers will voted for CPP, according to recent IRI survey.
ReplyDeleteThis very same freaking Viet-born troller, a parasite @3:22 AM and 4:32 AM that pretends to be Khmer and speaks as if he were Khmer must be castrated and have his dick fed to the Viet dog...
ReplyDeleteViet Go home!
The world sees and knows you Viet true color already and that is the universal language!
No way Jose (6:49). You are not going to bully Khmer people to steal any land from them. You got your own land, and you've lost it, and that is no one fault but yours.
ReplyDeleteBackground on current issues in Community Fishery mangrove areas in two communes of Kampot Province
ReplyDelete30 May 2008
Introduction
Mid May 2008 information was received about an issue on the attempt to appropriate the 72 hectare community (state) owned mangrove forest of Kampong Samaki Community Fisheries in Kohn Sat Commune, Kampot District in Kampot Province. This Community Fishery scheme was established during 2006 and 2007 through cooperation between GTZ Rural Development Program and the Provincial Fishery Office (PFO now Fishery Administration) of Provincial Department of Agriculture, Provincial Department of Environment (PDoE) and Provincial Department of Land Management, Urban Planning, Construction & Cadastre (PDLMUPCC).
On 28 May 2008, also information was received on a very similar issue, concerning an attempt to appropriate 21 hectare of community (state) owned mangrove forest of Lok Community Fishery in Russei Srok Khang Lech Commune, Kampong Trach District in Kampot Province (which is also target area of LMAP Land Titling project). During 2004 and 2007 also this Community Fishery scheme was established through cooperation between GTZ/RDP and the above mentioned line departments.
GTZ/RDP contribution to the establishment of both Community Fishery (CFi) schemes was the provision of technical assistance to a facilitation team consisting governmental officers of above-mentioned line departments under the supervision of department heads. GTZ covered all the cost of operation and implementation. DED provided the adviser to the concerned NRM Component of GTZ/RDP.
The purpose of GTZ/RDP was to establish independent functioning CFi schemes in the coastal zone of Kampot in order to protect and manage the mangrove forests that serve as crucial reproduction grounds for commercially important marine fishery species. The focus has was on establishing CFi Management Committees, identification & demarcation of the CFi/mangrove areas, mapping of those areas and support in drafting all legally required documents.
All mentioned maps and documents mentioned in this paper regarding both cases are available as soft-copy, unless otherwise specified.
Case 1: Kampong Samaki CFi, Kohn Sat Commune, Kampot District
Information on the current issue
▪ On 7 April 2008 a request from the Kampot Provincial Governor HE Thach Khorn was sent to the Prime Minister for providing 72 hectare of mangrove forest of Kohn Sat Commune to four persons who claim to own the land since 1995. The letter was seen by the Prime Minister on 9 April 2008 (see annex 2)
▪ On 11 April 2008 a letter from the Council of Ministers and signed by Secretary of State HE Prak Sokhon was sent to the Minister of MLMUPCC and Kampot Provincial Governor to grant the 72 hectare of mangrove land to the four persons claiming the land (see annex 3).
▪ The four persons who claim the land are:
- Mr. Mr. Khem Punna (Chief Agriculture Extension Office, PDA Kampot)
- Mr. Iev Thann (Chief of Agronomy Office, PDA Kampot)
- Mr. Sin Sameth
- Mr. Seang Sothea
Mr. Khem Punna and Mr. Iev Thann were partner staff in the cooperation with the Agriculture Component of GTZ/RDP. Both were aware of the CFi activities of the NRM Component during 2006-2007 in the coastal area of Kohn Sat Commune, though did not make any claims for ownership of the land at that time.
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▪ In a letter dated 28 May 2008 from Kohn Sat Commune Chief to Kampot District Governor the request is made to stop proceeding 22 land transfer agreements (nr. 163 to 184) signed by him on 6 May 2008. The Commune Chief mentions that on 6 May 2008 he signed those 22 land transfer agreements between the four persons who claim the land and their new owners but that this was not valid as the 72 hectares of mangrove forest belong to Kampong Samaki Community Fishery. Also he mentions that 640 families of Kampong Tnout Village made a written complaint to this and object to the transfer of the land.
It therefore seems that the four persons claiming the 72 hectares have already transferred it in smaller plots to 22 different people (with possibly one ‘big fish’ behind it). (see annex 4)
▪ Also a new map of the claimed area is made using GPS and GIS (see annex 5)
▪ The CFi Committee and the fishing community they represent, is determent to fight this claim of private ownership. For that they get support from human rights organizations Licado and ADHOC and seem to have a lawyer to support their case.
▪ A phone call to the Community Fishery Development Office of the Fishery Administration in Phnom Penh (under MAFF) showed reluctance to support this case as they assume that high-ranking officials may be behind it. In addition they expect that the appropriation of the entire Cambodian coastline by a few powerful families will take place in the near future. If we send them all the documents they will make a formal complaint to MAFF.
▪ A phone call to the PDLMUPCC in Kampot made clear that they were by-passed in the request for the mangrove land to the Prime Minister and that there is little they can do.
▪ It is also assumed that the maps of Kampong Samaki CFi area, produced through GTZ/RDP support, were used for the request of the area to the Prime Minister as it coincides exactly with the maps.
GTZ/RDP activities from 2006 – 2007
Methodology & activities
▪ Mar. 2006: Request by villagers for CFi sent to the Provincial Fishery Office;
▪ May 2006: CFi Committee elections & recognition of CFi Committee by Commune Council;
▪ May 2006: Participatory identification & registration with GPS of CFi boundary involving CFi Committee, Kohn Sat Commune Leader, Village Leaders of Kampong Tnout and Kampong Nung Village, salt company owners, officers of PFO and PDoE. This activity had the goal to find and agree upon the exact boundary of private/company land and free community (state) land through discussion and dialog in the field with all relevant stakeholders;
▪ Nov. 2006: Demarcation of CFi area with cement and wooden posts and signboards;
▪ Dec. 2006: Endorsement of CFi Boundary Identification & Demarcation Report by Commune Chief;
▪ Jan. 2007: Submission of CFi By-Laws & Internal Regulations to PFO for endorsement.
▪ Oct. 2007: Disbandment of the NRM Component of GTZ/RDP in Kampot and subsequent support to the CFi scheme;
▪ Oct. 2007-present: The CFi Committee remains active in the management and protection of their area, although the formal CFi Area Agreement with MAFF is not yet endorsed. The CFi community is supported by several NGOs and support from DANIDA/DFID and CORIN (Coastal Resource Instiute) is expected for the near future.
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Results & outputs
▪ The final and most important document for CFi endorsement is the CFi Area Agreement was never issued by MAFF, which means that the area does not have the official status as CFi.
▪ Also the CFi Regulations and maps that were handed in for endorsement to PFO were never signed and endorsed. This was due to severe delay and reluctance at the PFO as the CFi Guidelines from MAFF were not yet finalized and endorsed.
▪ The strongest document that is available is the CFi Boundary Identification & Demarcation Report, which is approved upon and signed by the Commune Chief and both village leaders. It has daily minutes of the boundary identification with daily lists of participants, daily lists of agreed GPS locations, daily group photos of participants and the eventual map of identified and demarcated CFi area.
▪ Al concerned provincial line-departments (PDLMUPCC, PDoE, PDA, PFO/Fishery Administration) as well as District Governor, Commune Council and Village Leaders were aware and supportive to the CFi activities of GTZ/RDP in Kohn Sat Commune and all got full presentation and documentation on the work results (maps, CFi documents, GIS shapefiles, etc.).
Case 2: Lok CFi, Russei Srok Khang Lech Commune, Kampong Trach District
Information on the current issue
▪ On 30 March 2008 a series of documents were produced to claim 21 hectare of mangrove land that lies within the Lok CFi area as private land. None of the involved persons raised the issue during GTZ/RDP project time in that area (2003-2007). The documents are the following:
- Statement of Mr. Ouk Sitha (former chief of People’s Committee) that 21 hectares of mangrove forest belong to Mr. Tea Bun Tha and 4 other families since 1988 but that all documents got destroyed in the war;
- Statement of former Village Chief of neighboring Koh Kreshna Village That the 21 hectare of mangrove forest belong to Mr. Tea Bun Tha and his wife since 5 April 1988;
- List of the 5 alleged land owners of the 21 hectare of mangrove forest, with the area of mangrove land per family specified (Mr. Tea Bun Tha – 4ha, Mr. Mornh Malay – 4 ha, Mr. Chon Seng- 4 ha, Mr. Leap Sat – 4ha, Mr. Van Av – 5ha)
- List of 21 witnesses to state that the 21 hectare of mangrove land belongs to Mr. Tea Bun Tha. Amongst the witnesses are also the alleged 5 owners of the land.
▪ Also a map of the claimed mangrove area was produced using GPS and GIS (see annex 6).
▪ On 30 April 2008 the Kampot Provincial Governor HE Thach Khorn sent a request to the Prime Minister to provide 21 hectares of mangrove forest of Lok Village (Russei Srok Khang Lech Commune, Kampong Trach District), which is a large part of the Lok CFi mangrove area to five persons who claim to be the owner of that area (document not yet available).
Kampot Provincial Governor HE Thach Khorn is also the same person who signed as highest official for approval on the Lok CFi map and on the CFi By-Laws & Internal Regulations.
▪ On 7 May 2008 a letter from the Council of Ministers and signed by Secretary of State HE Prak Sokhon was sent to the Minister of MLMUPCC and Kampot Provincial Governor to grant 21.364 hectares of mangrove land to the five persons claiming the land (see annex 7).
▪ Possibly (just a suspicion) it has to do with the plans that emerged in 2007 for the construction of a 4-star hotel with casino in the sea in the neighboring village and along the Vietnamese border (by Wan Li Lai Development Co. Ltd). Then GTZ/RDP expressed concerns to provincial line-departments (PDLMUPCC, PFO, PDoE) and the 1st Deputy Provincial Governor HE Koy Khim Hour, as those plans would overlap with the mangrove area of Lok CFi and would cause severe damage to adjacent marine
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ecosystems. Subsequently those plans were halted, though may still be subject for implementation in the near future.
▪ It is also assumed that the maps of Lok CFi area, produced through GTZ/RDP support, were used for the request of the area to the Prime Minister as it coincides exactly with the maps (and clearly not with the situation of the mangrove area as it was in 1988).
GTZ/RDP activities from 2006 – 2007
Methodology & activities
▪ Mar. 2004: Election of Community Fishery Committee (that time referred to as Village NRM Committee according to the PLUP approach), with recognition as CFi Committee by CC in Feb. 2006;
▪ Jan. 2005: Participatory identification & registration with GPS of CFi boundary involving officers from PDLMUPCC, PDoE, PDA and PFO, Village Leader, CFi Committee, salt company owners;
▪ Feb. 2005: CFi area demarcation with boundary posts and signboards;
▪ Mar. 2005: Mapping of CFi area and sent for endorsement by PFO, PDA and Provincial Governor;
▪ Feb. 2006: Formal request to PFO for CFi (late as it started as PLUP)
▪ Nov. 2006: Endorsement of CFi By-Laws and Internal Regulations and map of the CFi area by the Provincial Governor, PDA, PFO and CC;
▪ Oct. 2007: Disbandment of the NRM Component of GTZ/RDP in Kampot and subsequent support to the CFi scheme;
▪ Oct. 2007-present: The CFi Committee remains active in the management and protection of their area, although the formal CFi Area Agreement with MAFF is not yet endorsed. The CFi community is supported by CORIN and by DANIDA/DFID through a Cambodian NGO.
Results & output documents
▪ The final and most important document for CFi endorsement is the CFi Area Agreement was never issued by MAFF, which means that the area does not have the official status as CFi.
▪ The CFi By-Laws and Internal Regulations with map of the CFi area were signed and agreed upon on 12 October 2006 by the Provincial Governor HE Thach Khorn, Chief of PDA Mr Chan Chesda, Chief of PFO Mr. Tim Savuth, Kampong Trach District Governor Mr. Soi Savath, Commune Chief and CFi Committee Chief.
▪ The map of the CFi area was signed and endorsed by the same above-mentioned officials with Provincial Governor HE Thach Khorn in the highest position (see annex 8).
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