Written by David Pred
The Phnom Penh Post
Dear Editor,
It is remarkable that Municipality representatives have stated that the wholesale destruction of the Dey Krahorm community was not an eviction [Phnom Penh Post, January 24, 2009]. I agree, however, that "eviction" is not the best way to describe Saturday morning's events. A more accurate description would be grand theft. The 7NG company grabbed 3.6 hectares of prime city-centre real estate, valued at US$44 million, with the assistance of police and other armed government forces. The homes and many of the personal belongings of community residents were demolished by company bulldozers and looted by those carrying out the demolitions. It is not surprising that this process began in the dead of night and that the area was sealed off by the authorities in an apparent attempt to hide this flagrant crime from the watchful eyes of journalists and human rights workers.
Media not telling full story
What is most unfortunate is that the media has not only failed to tell the full story of this gross and criminal violation of human rights and Cambodian law, but it has adopted the language of the perpetrators in describing the victims. Words like "squatters", "slum" and "controversial neighbourhood", which have been used to describe Dey Krahorm, give false credence to the justifications used by those responsible for this crime and deny victims' rights.
Let's set the record straight. The land that was grabbed on Saturday morning rightfully belongs to more than 150 poor families who have refused to sell their homes to 7NG for the pittance that was offered to them. Most of these families have the documentation to prove their possession rights under the 2001 Land Law. Moreover, these families were beneficiaries of the Social Land Concession granted to the entire community by the Council of Ministers in 2003, and the Development Plan, which called for a land-sharing arrangement with a private company in exchange for onsite upgrading.
To justify their claims over the land, the 7NG company relies on a dubious agreement signed with former community representatives to exchange the villagers' homes for flats at the Damnak Treyoeng site outside Phnom Penh. This agreement was immediately rejected by most Dey Krahorm families, who dismissed their former "representatives" and filed a civil complaint against them for breach of trust, along with a separate complaint to cancel the contract.
Law on their side
Article 66 of the 2001 Land Law states:
"A person with Khmer nationality and with capacity to enter into a contract may sell or purchase immovable property." Yet, the following persons may not sell: "A person who is not the owner of the property offered for sale."
The so-called former representatives had no legal capacity to sell the villagers' land. 7NG's agreement is, therefore, null and void under the law.
An unbiased investigation into the facts will reveal that the Dey Krahorm families have legal rights that have been consistently denied by the competent authorities. The families are under no legal obligation to accept the company's compensation offer. They have every right to reject it and remain on their land and in their homes. This is not a case of expropriation of land for public interest purposes. It is a case of a private company using armed force to acquire other people's private property for their personal profit. Company representatives are on record stating that they do not even know how they intend to develop the site. Therefore, if they want this land, they need to offer the residents a price that they are willing to accept.
However, instead of offering a mutually agreed price for the land, the company and the authorities forcibly removed the families and demolished their homes and property. This action was illegal. Article 253 of the Land Law states:
"Any person who uses violence against a possessor in good faith of an immovable property, whether or not his title has been established or it is disputed, shall be fined from 1,500,000 riels to 25,000,000 riels and/or imprisoned from six (6) months to two (2) years irrespective of the penalty for violence against a person. In addition to the above penalty, the violator shall be liable for civil damages that were caused by his violent acts. If the violence was ordered by a person other than the perpetrator, who did not personally participate in the commission of such violence, he shall be subject to the same penalties as the perpetrators of the violence."
The company also employed hundreds of private contractors to help carry out the home demolitions, and they are caught on film using weapons and tear gas against the villagers, many of whom sustained injuries as a result. This was also illegal. Article 254 of the Land Law states:
"Under no circumstances shall the use of private force be authorised in order to protect a person's title to property or to enforce a court order for the expulsion or forced removal of an occupant. Any person who uses private force for the above purposes shall be fined from three million (3,000,000) riels to twenty five million (25,000,000) riels and/or imprisoned from (6) six months to two (2) years."
Nothing for evictees
The displaced residents of Dey Krahorm are now homeless, traumatised and reliant on the good will of humanitarian organisations to meet their basic needs. The Government of Cambodia is solely responsible, under the international law obligations to which it is bound, for addressing the humanitarian situation that it has created. The government is also legally responsible to ensure that the land and property that was taken or destroyed is restored to its lawful possessors, or that they receive just and fair compensation for their losses. Any failure to do so should result in condemnation and sanctions by the UN and Cambodia's donor community.
The forced eviction of Dey Krahorm is unique only in that it occurred in the heart of the capital city and that it has, therefore, attracted a great deal of media attention. However, there are hundreds of communities across the country whose land is being stolen with impunity by powerful elites. This epidemic of land theft in the absence of the rule of law flies in the face of poverty-reduction efforts promoted by the government and its benefactors. It is high time that international donors - who have poured billions of dollars into development assistance in Cambodia - acknowledge that if the government continues to refuse to enforce the law and end land-grabbing, no sustainable progress can be made toward poverty alleviation, and taxpayers' money is being squandered.
David Pred
Director, Bridges Across Borders Southeast Asia
Phnom Penh
The views expressed in this letter are entirely personal.
Media not telling full story
What is most unfortunate is that the media has not only failed to tell the full story of this gross and criminal violation of human rights and Cambodian law, but it has adopted the language of the perpetrators in describing the victims. Words like "squatters", "slum" and "controversial neighbourhood", which have been used to describe Dey Krahorm, give false credence to the justifications used by those responsible for this crime and deny victims' rights.
Let's set the record straight. The land that was grabbed on Saturday morning rightfully belongs to more than 150 poor families who have refused to sell their homes to 7NG for the pittance that was offered to them. Most of these families have the documentation to prove their possession rights under the 2001 Land Law. Moreover, these families were beneficiaries of the Social Land Concession granted to the entire community by the Council of Ministers in 2003, and the Development Plan, which called for a land-sharing arrangement with a private company in exchange for onsite upgrading.
To justify their claims over the land, the 7NG company relies on a dubious agreement signed with former community representatives to exchange the villagers' homes for flats at the Damnak Treyoeng site outside Phnom Penh. This agreement was immediately rejected by most Dey Krahorm families, who dismissed their former "representatives" and filed a civil complaint against them for breach of trust, along with a separate complaint to cancel the contract.
Law on their side
Article 66 of the 2001 Land Law states:
"A person with Khmer nationality and with capacity to enter into a contract may sell or purchase immovable property." Yet, the following persons may not sell: "A person who is not the owner of the property offered for sale."
The so-called former representatives had no legal capacity to sell the villagers' land. 7NG's agreement is, therefore, null and void under the law.
An unbiased investigation into the facts will reveal that the Dey Krahorm families have legal rights that have been consistently denied by the competent authorities. The families are under no legal obligation to accept the company's compensation offer. They have every right to reject it and remain on their land and in their homes. This is not a case of expropriation of land for public interest purposes. It is a case of a private company using armed force to acquire other people's private property for their personal profit. Company representatives are on record stating that they do not even know how they intend to develop the site. Therefore, if they want this land, they need to offer the residents a price that they are willing to accept.
However, instead of offering a mutually agreed price for the land, the company and the authorities forcibly removed the families and demolished their homes and property. This action was illegal. Article 253 of the Land Law states:
"Any person who uses violence against a possessor in good faith of an immovable property, whether or not his title has been established or it is disputed, shall be fined from 1,500,000 riels to 25,000,000 riels and/or imprisoned from six (6) months to two (2) years irrespective of the penalty for violence against a person. In addition to the above penalty, the violator shall be liable for civil damages that were caused by his violent acts. If the violence was ordered by a person other than the perpetrator, who did not personally participate in the commission of such violence, he shall be subject to the same penalties as the perpetrators of the violence."
The company also employed hundreds of private contractors to help carry out the home demolitions, and they are caught on film using weapons and tear gas against the villagers, many of whom sustained injuries as a result. This was also illegal. Article 254 of the Land Law states:
"Under no circumstances shall the use of private force be authorised in order to protect a person's title to property or to enforce a court order for the expulsion or forced removal of an occupant. Any person who uses private force for the above purposes shall be fined from three million (3,000,000) riels to twenty five million (25,000,000) riels and/or imprisoned from (6) six months to two (2) years."
Nothing for evictees
The displaced residents of Dey Krahorm are now homeless, traumatised and reliant on the good will of humanitarian organisations to meet their basic needs. The Government of Cambodia is solely responsible, under the international law obligations to which it is bound, for addressing the humanitarian situation that it has created. The government is also legally responsible to ensure that the land and property that was taken or destroyed is restored to its lawful possessors, or that they receive just and fair compensation for their losses. Any failure to do so should result in condemnation and sanctions by the UN and Cambodia's donor community.
The forced eviction of Dey Krahorm is unique only in that it occurred in the heart of the capital city and that it has, therefore, attracted a great deal of media attention. However, there are hundreds of communities across the country whose land is being stolen with impunity by powerful elites. This epidemic of land theft in the absence of the rule of law flies in the face of poverty-reduction efforts promoted by the government and its benefactors. It is high time that international donors - who have poured billions of dollars into development assistance in Cambodia - acknowledge that if the government continues to refuse to enforce the law and end land-grabbing, no sustainable progress can be made toward poverty alleviation, and taxpayers' money is being squandered.
David Pred
Director, Bridges Across Borders Southeast Asia
Phnom Penh
The views expressed in this letter are entirely personal.
34 comments:
These thieves were born from families of criminals. Their grand-parents and parents were thieves, and now they and their children are also thieves.
In the old days, they just stole domesticated animals, fruits, vegetables, and rice in the fields. Now these families of thieves are in power, they are stealing state lands and properties, forests, other national resources, as well as other people's lands and properties.
If we look at their faces, they don't look like educated and civilised people at all. They all look like hardened criminals. Theft and robbery are in their blood.
$20,000 was a very good offer and they shot it down, now they got nothing.
"Evictees request 7NG money"
http://www.phnompenhpost.com/index.php/2009012623836/National-news/Evictees-request-7NG-money.html
yeah $20,000 is pretty a lot in Cambodia, especially for those who used to have nothing and were living in the slum. These people were just greedy, hoping to become instant millionaires by putting up a hard time with the developer.
I am feeling happy for Phnom Penh, now that the slum is gone :)
A hard working Cambodian
I agree with 6:02 and 6:43.
Don't compare Cambodia to the past. Cambodia is much better now. I am a working class Cambodian. I have been working very hard and now I am a receptionist at a hotel. I am earning $80 per month. I know that that is now a lot but I am content with my life.
Those people were just greedy. For $20,000, I need to work for 250 months for kind of money. I think they should have just exit quietly with that money.
Kun (while working)
I though during the Khmer Rouge era was horrible, but having seen these conditions during the so-called "democratically" elected leaders leading this country, it is worse than Khmer Rouge.
Yeah but if they want buy another house in Phnom Penh it cost $70,000 so what good is $20,000. Also land in Dey Krahorm is 44million, make the fucking 7ng company pay the right price
you people above are fuckin gstupid, that is whay one of you above are still working class and receptionist. the amrket value is $44 miullion ,and there are some 150 familes, so each shouldget at least , say $250,000 each, not $20,000, pittance , you fuckin dumb.
yes, all of those leaders now look liuke hardened crims, yes, they used to steal cows, andyes, they are still thieves with parliament rubber stamping their acts.
To 7:39,
You are the fucking stupid son of a bitch. $250,000 to those fucking people? Those fucking people didn't own the fucking land in the first place. They were just fucking scums who went to settle on the land illegally in the first place and pollute the whole city with even more scumbags. $20,000 for something that weren't even owned by them is fucking more than enough. FUCK FUCKING GREEDY SCUMBAGS.
Kun
Mr HUN SEN ADVISOR 8:06 PM , HI SIr , how are you today sir ? and what kind of Liquor you been drinking today sir ? It sound like you are very drunk sir , are you Mr kiev Kanhnarith sir ? OK if you are I got some question to ask Sir.
1/ What kind of college or University you went to sir?
2/ do you understand english sir?
3/ if you do can you read the arcticle in this Blog sir , it said that all the people in that Dey Graham that you detroy are all have legal document that those land are belong to them legaly sir, but you said that those people are stay there Illegaly .
Have a nice day Sir OH don't drink too much it bad for your liver and it make you say (FUCKING STUPID THING ) OOOP.. sorry I'm not drunk OK .
To 8:32,
1. I am a Harvard law graduate.
2. My English is excellent.
3. I have read the article by the crazy guy and it is absolutely not true. All the documents are fake. No one can say they are genuine because they are not recognized at all. These people just are just making up things to generate undeserved sympathy for themselves.
Kun, the receptionist
Hey, 8:52
You are so stupid. There's no such thing a Harvard Law Grad. working in the receptionist and only get pay $80 per month. How you manage to pay back the tuitions you IDIOT?
:=)
I guest only in Cambodia.
You probably misspeal Hanoi and Harvard.
They are very appropiately to be renamed as human leeches of Khmer society. Natural leeches will drop themselves off when they get enough, but human leeches never will. If allowed, they keep sucking and sucking until they get snatched off and stretched with sharp sticks piercing throgh at both ends on the ground under the hot sun.
WOOw , your are verry well edcuated , impress very impress .. but your first laguage are very rude and not professional sir .
anyway are you living in Cambodia or the west , oh don't worry I am not a hit man , I just want to know so I cam ask you some Question since you so educated , My english are not great like you did since I am Only A MECHANICLE ENGINEER , i don't spend much time on english.Correct me if I'm wrong cool?
Please speak reasonable and for khmer interest .
I do not believe that the copensation amount could be up to $250,000; it is too much for those thieves to pay to hundreds of those evicted residents. At 'detailsareskechy' website, it said that compensation was $20,000, which was still not true. The possible true is $2,000 per family. I believe that those land robbers will never want to waste their millions of dollars given to those miserable people.
CPP always used lies !
And peoples can't confront them !
9:26 AM has saided is true about the compensation. Ms. Pong Chiv Kek had told VOA the compensation of 20 000, at this time, only one family has received it. The others can be 500, 1000, 2000, etc.
Another point is this : The 7NG company grabbed 3.6 hectares of prime city-centre real estate, valued at US$44 million.
The reality is the value of the 3.6 hectares is worth more than that. In Dey Krohorm area, in 2008, it's worth 10 000 US per square meter. Supposed now the value is only 5 000 US per square meter... This mean the value is worth around 200 000 000 US dollars.
Khmer Canadian
9:12 and 9:18,
It is getting hilarious. I was just being sarcastic to some sarcastic questions. Little did I know that there are still fools like you who take what I have said about being a Harvard law graduate word by word.
Letting you know more about me is alright. Unlike many of you who have left your home country behind, I have always been living in Cambodia, Siem Reap, to be precise. I can speak Khmer, English and a little Japanese. Right now, I am working as a receptionist, while moonlighting as an interpreter for tourists sometimes. My total income per month usually adds up to $200. Although it may seem little to you, but with $200, I have been living a comfortable life, unlike those greedy people who wouldn't move even with the offer of $20,000. I have to believe that they are either too smart or greedy.
Kun, the receptionist
9:12PM,
That grad. thing did not loan the money to pay for tuition fees. His dad is one of the big thieves who has millions of dollars. If he's a real well-educated person, at first his language sould more polite, so he could be well fit in the tiltle 'well-educated'.
9:57,
I was being very polite at first until I have read 7:39. The rudeness in my language was a spontaneous reaction to the someone who likes to call people, and I quote,"fucking stupid" and "fucking dumb". If my excessive use of the f word offends you, you have my apology. Sorry.
Kun
Hey Khmer Canadian,
You are implying that they should have been millionaires?
9:57
I agree with you 100 percent. Ah Kun is son of Yeay Phu. He don't need the grant and loan. Their family make money through the corruption. They don't need Harvard Ph.D because they get it for free from their Hanoi master.
Uncle Ho Ph.D
lol
My beloved Kun!
I am openly and delightfully confessing that I am totally an illiterate man in here. However, you have angrily said and called these miserable and defendless evictees,"Greedy", not to accepted 20,000 US dallors, but my common sense can simply tell me that if the CPP or 7NG truly offer them, they will heavenly and quickly take the money and build the new life. Do I desperately need PhDs in economic like Samdech Hun SenVarman to psychologically figure out the mental sufferings of these defendless evictees?
$20,000 for an old shack is way over price. However, too bad, that they choose not to take the deal.
Hopefully lesson learned; that is don't listen to Pouk ah greedy Scam Rainxy and his Potato diggers.
that's arrogant, you potato-head,12:47AM.
I am undoubtedly agreeing with you. Hopefully confessing, the repeating lessons must be conscientiously learnt, so they will not foolishly vote Samdech Doctoral Hun SenVarman again!
Don't hold your breath, Ah potato digger (1:02).
ah pleur kun,
you don't talk like you are lawyer. isn't that why you are receptionist ? why don't you read your own yuon dog's land law ? yes, stay there in your scum job. i am only cook at siam ieap hotel, and i still can reason and see better tahn havard law grad, no way you will become another obama, sir.
you are too stupid. all of your people are stupid, continueto live under oppression and enjoy your life there. as for me I am being sponsored by my girlfriend ( actually own cousin to be wife) to live in the US soon. I will flyingout ofthis frog hole. endure your $200 karma some more, sir Lop. yep, you will never become a useful lawyer but a trash collector after the receptionist job.
Hey, 2:51AM,
You're just being sponsored to somewhere, I do not know yet, and you are excited that much. You should never forget your past so fast, kid! If you do, you'll end up in shit soon and suffer more that you did before, unless your girl-friend is a millionaire. But if she were, I think, she wouldn't sponsor a kid like you!
Yes, iam excited because i am getting out of hismiswrbale country full of blood suckers and victims, beggears, sadgfaces everywhere, only few rich people showing off their riche wealth. msot are soo poor and dumb. I don't want to live anymore under the scum robbers who now turned become supreme leaders of the poor and they are theworst blood suckers, they forgot where they came from.
I already got my visa, going soon.
OK, good luck then, I wish you have a happy life abroad! Mark my words, only your harship of the past will make you be better/more properous than you were before!
I don't like marrying my cousin but i had no choice in order to get out. i don't care be a potatoes digger, still better in in cambodia. Anything better than in cambodia. I can't stand to see these yuon fishermen any more in tonlesap. even factory worker, i heard can drive car aroubd and eat in resturant all the time, but no in Cambodia. If you are poor, people look down on you. I have enough of that.
If any justice from man does not prevail on this disputed land God will do it.
The thieves! Be prepared!
The strikes God reserves for you will be devastating.
God sees it all.
If his relayed warning is not heard, you will see and expereince it by yourself to you and to your close family in the next 1000 generations, because you have harmed God's people that was allowed to dwell in this place for so may years.
Welcome to USA 4:26. Don't be fool by those communist people. We don't use people to dig potatoes here. We have illegal mexican people come here to operated the equiptment to dig potatoes, one acre take them about 5 mins to dig. As for those who have mention the potatoes digger, They just the left over Khmer Rouge. Destroy Mercedes Benz and make a rice cooking pot. Most of them go to market on the cow back.
When they see car coming, they brought hay to feed the car and say, What is that animal? Sut sdey neung? Un-humanity regime is about to disapear from the face of this earth. You just watch and.
Where are all these mad men coming from? Why do they have a strong urge to call names and insult others who are more polite? What sort of family background do these men come from? Khmer Rouge? Oh no!!! Not again. We need some decent people in our society, please.
We're from Bayon TV 8:09am
Post a Comment