Ka-set in English
From the very start, the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Cambodia talks about a “setback for the rule of law” in a statement published on Wednesday 28th January, that is four days after the “sudden and violent” eviction of what remained of the community leaning against the Building, in the heart of Phnom Penh. Its representatives say they have “watched with consternation” the scenes of destruction and brutality, “the latest in a far too long series of violent evictions in the capital [carried out] in the name of urban development and 'city beautification'.”
“This eviction could have been avoided.” The UN Office accuses the municipal authorities of “hav[ing] failed to uphold the law and protect the rights of the residents of Dey Krohom” although they met the criteria for possession rights under the 2001 Land Law as they had settled there since the early 1980s.
By going back on its commitment made in 2003 to give the residents an in-situ social land concession, the government has breached their rights, the OHCHR summarises. “Both the Constitution and the Land Law state that no one can be arbitrarily deprived of their land without fair compensation.”
Negotiations were initiated over three years ago between the residents of Dey Krohom and the 7NG company, who acquired their land in 2006 under a contested agreement according to housing rights organisations. In this context, the developer offered as compensation a compartment-type house in a newly established housing area on the outskirts of Phnom Penh (in Chom Chao), a solution already accepted by several hundreds of families. The others are asking for adequate financial compensation taking into account market prices – a “legitimate demand” – and have resisted pressure, threats, intimidation “aimed at forcing their hand,” the OHCHR recalls. “In this process, [the families] have been unfairly portrayed as 'anarchic' and 'opportunistic elements' and the area as a hub for violence, robbery, drugs and prostitution,” the United Nations Office reports before calling the Municipality and 7NG to their responsibilities, by ensuring that these families who have lost everything during the eviction receive fair compensation, as they are entitled to by law.
Recommendation from the OHCHR: that the last financial offer of 20,000 dollars made by 7NG to the residents remain valid. Since the eviction and the demolition of all the houses of remaining families, 7NG has withdrawn this option to only offer relocation to Chom Chao – and only that – to some 90 families they recognise.
Although this dispute was solved in a way that was neither lawful or peaceful, the statement insists that it is “not too late for the Municipality, the Government and the company to demonstrate that the land law can be upheld...”
“This eviction could have been avoided.” The UN Office accuses the municipal authorities of “hav[ing] failed to uphold the law and protect the rights of the residents of Dey Krohom” although they met the criteria for possession rights under the 2001 Land Law as they had settled there since the early 1980s.
By going back on its commitment made in 2003 to give the residents an in-situ social land concession, the government has breached their rights, the OHCHR summarises. “Both the Constitution and the Land Law state that no one can be arbitrarily deprived of their land without fair compensation.”
Negotiations were initiated over three years ago between the residents of Dey Krohom and the 7NG company, who acquired their land in 2006 under a contested agreement according to housing rights organisations. In this context, the developer offered as compensation a compartment-type house in a newly established housing area on the outskirts of Phnom Penh (in Chom Chao), a solution already accepted by several hundreds of families. The others are asking for adequate financial compensation taking into account market prices – a “legitimate demand” – and have resisted pressure, threats, intimidation “aimed at forcing their hand,” the OHCHR recalls. “In this process, [the families] have been unfairly portrayed as 'anarchic' and 'opportunistic elements' and the area as a hub for violence, robbery, drugs and prostitution,” the United Nations Office reports before calling the Municipality and 7NG to their responsibilities, by ensuring that these families who have lost everything during the eviction receive fair compensation, as they are entitled to by law.
Recommendation from the OHCHR: that the last financial offer of 20,000 dollars made by 7NG to the residents remain valid. Since the eviction and the demolition of all the houses of remaining families, 7NG has withdrawn this option to only offer relocation to Chom Chao – and only that – to some 90 families they recognise.
Although this dispute was solved in a way that was neither lawful or peaceful, the statement insists that it is “not too late for the Municipality, the Government and the company to demonstrate that the land law can be upheld...”
1 comment:
If they were there since the 80's they would have qualified to apply for land title under the first Land Law as well as for an additional year or so under the 2001 Land Law. If they didn't apply, then they had no legal right to possession. The unfortunate thing is that apparently there has been no education program to inform the residents how to register to obtain land title from the Ministry of Land Management.
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