Wednesday, August 12, 2009

Demands a halt to forced evictions and land confiscation

Land grabbed by the 7NG Company
Village 78 Phnom Penh

The issue of forced evictions, displacement, and landlessness among Cambodia’s rural and urban poor is reaching crisis proportions.

12.08.2009
Norwegian People Aid

Evictions and land confiscation continue in Cambodia. This is despite that The World Bank, ADB, UN and Cambodia’s donors have called for for the government to enact a moratorium on forced evictions and land confiscation until it establishes effective conflict resolution mechanisms and relocation procedures meeting international standards

On August 11th, community representatives from 19 different provinces gathered in Phnom Penh to submit community complaint petitions to government offices. Complaints from approximately 30 cases have a total of over 15,000 thumbprints. The complaints cover an area of at least 200,000 hectares of land.

These community complaints will be filed directly by affected communities. They demonstrate a rising awareness among Cambodians about their rights under Cambodian and international law. The complaints also reflect a rising level of frustration with attempts to solve land disputes and evictions at the local level. The complaints come from 19 different provinces but have a similar theme: marginalized communities are being driven into poverty by forced evictions, economic land concessions, mining concessions and unlawful land grabs. Communities’ efforts to seek peaceful solutions are met with intimidation, coercion, court action - and sometimes violence.

On Wednesday 12th. community representatives from across Cambodia will conduct a forum for donors, NGOs and media to explain why they are lodging complaints to the national government.

Press statement from community representatives:
“When we try to protect our legal rights we receive intimidation. We want the government and the donors to know what is happening. We are losing our land, forest and fisheries we depend on. We are getting poorer and poorer and the rich are getting richer.”

We are told we have rights. It does not feel like that. When we try to protect the rights and our land, we are abused and intimidated by the courts” - Mr. Pol Cheoun, Kors Kralor
We know it is dangerous to do these complaints all together, but what choice do we have?” - Ms. Doung Kheang, Beoug Took commune, Teuk Chew District, Kampot
We are community representatives including indigenous peoples from 19 provinces and cities in Cambodia. We would like to make a common statement in order to inform the Royal Government of Cambodia, local community, donors and international community about the situation of development in Cambodia, especially through economic land concessions, land grabbing and destruction of natural resources by some rich and powerful who have affected the livelihoods of local people.

We are very happy and welcome government development projects. But those development projects must not badly affect to our lives and livelihoods. We do not accept developments that benefits only to the private companies and some powerful people. Our communities are losing our land and natural resources. These are the things that we depend on for generations.

Donors and the international community grant hundreds of millions dollars every year to help develop Cambodia especially in order to alleviate the poverty of the Cambodian people. They say they provide money to build democracy, reduce poverty, protect natural resources, promote health and well-being and education services etc. However, we, the community people, observe that the poor Cambodians’ are getting poorer and poorer and the rich are getting richer and richer.

Community people are wondering how development aid has been used? In addition, much land has been granted to private companies for concessions. Also some lands are abused and taken directly by some powerful people. This is affecting our livelihoods by taking our farms land the forest that we depend on for our livelihoods.

In Preah Phos Commune, Kors Kralor District, Battambang Province, community farming land was confiscated by a powerful person (who is a military officer) and they are not allowed to cultivate their rice fields. When people try to farm their land, they are accused of abusing personal possession and robbery. Up to date, 37 Kors Kralor people were called for questioning multiple times by the court (including … one person who was deceased at the time of the incidents), one is still in on bail, restricted to the province.

The people in Kors Kralor are living in fear; even in the rainy season, they cannot farm their land. There are food shortages. People take loans and cannot payback. Food shortage lead to sickness and people cannot pay for medical treatment. Some migrate to work outside, so children cannot access school. Some community people become manual workers in the forest. Difficult circumstances lead to serious sickness and people do not have the money for proper treatment.

In Andong Meas District of Ratanakiri Province the issue is Economic Land Concessions. In this case a Korean company was given the lands and forests of indigenous peoples. Legal advice was that the concession was not issued in line with Cambodian Law and indigenous peoples rights.
“It was our land. It always was. Then the government gave it to a company. It is destroying our lives. They didn’t tell us. The first we knew of the concession was when the Sesan River stopped flowing and machines came across to our village. We complained nationally two times already. They are still clearing our land” - Mr. Sol Seuy, indigenous Kachok, Andong Meas, Ratanakiri
In Rovieng District, Preah Vihear, the issue is mining concessions. There was a a large mining concession given to a company. The company has started making roads, clearing and started exploration. Communities were not consulted.
“Our problem is this mining company. They say to mine, to build roads and come to intimidate us” - Mr. Som Chain, Rovieng
These issues are not just happening in Kors Kralor, Andong Meas and Rovieng They are happening throughout the country. Every province and town/city has these problems. This is why we are raising joint complaints to the government. We keep raising the problems and they are ignored. Is this the sort of development the government and donors support?

We want the problems solved. We would like to demand to the government to address this problem.

As a start we demand:
  • The Government halt to new concessions
  • The Government halt and cancel to operations of all old concessions or development projects that negatively affect the livelihoods of communities.
  • An immediate stop to intimidation and court actions against people attempting to protect their land and natural resources, and the release from jail of those imprisoned relating to protecting land and natural resources;
  • A meeting between 50 community representatives from complaint area and the Prime Minister facilitated by the UN, with Human Rights organizations and donors participating to raise and solve the issue.
We also request to the donors, Cambodian people and international community to strictly monitor the development aid. Make sure it is contributing to the poverty reduction in Cambodia. Also work so that the government follows its promises.

5 comments:

Anonymous said...

Democratic Kampuchea Pol Pot Khmer Rouge Regime had committed:

Tortures
Executions
Massacres
Atrocities
Crimes Against Humanity
Starvations
Overwork to Death
Slavery
Rapes
Human Abuses
Assault and Battery


Cambodian People's Party Hun Sen Khmer Rouge Regime had committed:

Assassinations
Assassinated Journalists
Assassinated Political Opponents
Assassinated Leader of the Free Trade Union
Attempted Assassinations on Chea Vichea and Sam Rainsy
Attempted Murders on Chea Vichea and Sam Rainsy
Executed members of FUNCINPEC Party
Murders members and activists of Sam Rainsy Party
Killings
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation on Sokha Helicopter, while Hok Lundy and others military official on board.
Illegally Sold State Properties
Illegally Remove Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country
Oppression
Injustice
Steal Votes
Bring Foreigners from Veitnam to vote in Cambodia for Cambodian People's Party.
Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
Abuse of Power
Abuse the Laws
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Impunity

Under Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed all of these crimes above within Hun Sen Khmer Rouge government have ever been brought to justice.

Anonymous said...

UNDER AGE CHILD SEX
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed under age child sex.
Svay Sitha is a senior government official from Cambodian People's Party.
Svay Sitha had a sexual relationship with Tat Marina, she was only 16 years old.
Source: Human Rights Watch

ACID ATTACK ON TAT MARINA
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed acid attack.
"On December 5, 1999, Tat Marina, age 16, was severely disfigured in an acid attack in Phnom Penh. The attack was allegedly committed by Khun Sophal, the wife of a senior government official, Svay Sitha, because she was angry her husband had a sexual relationship with Tat Marina. Neither Khun Sophal nor those suspected of being her accomplices in the attack were brought to justice. Intense media publicity compelled the Phnom Penh Municipal Court to issue an arrest warrant for Khun Sophal for attempted murder, but the police claimed that they could not locate her, although journalists reported that she was living at home as usual."
Source: Human Rights Watch

TORTURE AND MURDER ON PRAK SITHA WHILE IN CUSTODY BY MISNISTRY OF INTERIOR OFFICIAL
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed torture and murder.
"On the night of January 16, 2003, a street youth named Prak Sitha was beaten to death at the Ministry of Interior (MOI) headquarters after he was arrested and detained by off-duty MOI officers on suspicion of theft. His body - bearing numerous injuries to the head, torso, arms, and legs - was dumped at a Phnom Penh pagoda the following morning by ministry officers, in violation of police regulations regarding deaths in custody. No criminal charges were filed in connection with this death. In December 2004, the case was cited by the UN secretary-general's special representative for human rights in Cambodia - who stated that Prak Sitha died at the ministry "following beatings by a known police officer" - as an example of a "consistent and continuing pattern of impunity" in Cambodia."
Source: Human Rights Watch

PUT SAMPHORS WAS SHOT DEAD BY MEAN SOKCHEA, A RCAF MAJOR WORKING IN BRIGADE 70.
Hun Sen's personal Bodyguards Unit (Brigade 70) is a terrorist organization.
Hing Bunheang is a March 30, 1997 Grenade Attack suspect identified by the FBI.
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed murder, again.
"On September 4, 2008, Mean Sokchea, a RCAF major working in Brigade 70, shot dead 21-year-old waitress Put Samphors at a restaurant in Kandal province. Mean Sokchea, in a drunken stupor, fired his gun and apparently mistakenly hit Put Samphors in the stomach. She was taken to a hospital but later died of her wounds. Mean Sokchea was detained by the police overnight but was then released, allegedly after intervention by Hing Bun Heang. Put Samphor's family received US$2,700 from Mean Sokchea, and the police told them that their daughter was shot while authorities were chasing robbers."
Source: Human Rights Watch

Anonymous said...

same here, it's good that they don't try to politicize this to make cambodia look like a dictatorial nation or something along that line. it is good that they treated as problem of society than need gov't intervention to settle issue like land grabbing, etc... i think the problem is the result of the stupid KR policy and destruction that left cambodia to almost start from scratch again. well, at least, we all are aware and understand and educated about cambodia. that's good this way. god bless cambodia.

Anonymous said...

i think gov't can help to settle this issue if they respectful request them and not try to cry wolf or try to politicized the problem ,etc... do what mr. bill clinto with north korea to free the two american journalists charged of illegally entering north korea. see, thanks to mr. clinton, they are free. the point here is, see how skillful diplomatic tactic can help find resolution. one don't always have to be aggressive and anti-diplomatic to solve problem or get what they want, you know. do learn from the wise ones like mr. clinton, etc... i think mr. clinton deserve a phd from the top US school for his diplomatic skill that he shows here. god bless cambodia.

Anonymous said...

This land issue can be solved by a Prakas which extends for another...say one year for people who have occupied their land lawfully on land that can be privately owned to perfect title. The problem stems from the KR times where all land was confiscated from the true owners and never returned after 1979 when the new State of Kampuchea government took over. The present government, the Royal Government, passed a meaningful land law that allowed squatters to perfect title by adverse possession but that law was replaced in 2001 by the new Land Law which only extended the time to register to perfect the land for a period of 5 year from the passage of the law.
These people who are being dispossessed are those that have no legal title because either they didn't qualify or they didn't know they could do it.
It would be easy for the RGC to enact the parkas to open the time period- even for a year for those people to get legal title if they have been in lawful possession for i.e. 5 years.