Forced eviction in Dey Krahorm (Photo: John Vink/Magnum)By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
30 December 2009
Rights and housing advocates on Wednesday continued to rail against a new law on imminent domain that they say will make it easier for people to lose their land.
The Law on Expropriations passed through the National Assembly on Tuesday, allowing for authorities to move people from their land in the name of national development, such as the construction of an airport or the widening of a road.
The bill had the support of 76 lawmakers from the Cambodian People’s Party and was opposed by members of the opposition Sam Rainsy and Human Rights parties.
“When the law on expropriation is enforced, it will allow the government and the authorities, in the capital and in the provinces, the full ability to easily expropriate real estate of citizens, under a pretext for the sake of fundamental infrastructure,” Ny Chakrya, lead investigator for the rights group Adhoc, told reporters in Phnom Penh.
Cambodia’s poor have faced increasing pressure, from both legitimate authorities and unscrupulous officials and businessmen, in recent years, as the country experienced a boom in land prices. Some people have been evicted by the government or had their land taken, creating a source of unease for many and, critics warn, potential unrest.
“There was the confiscation before the draft law passed without reasonable compensation,” said Kem Sokha, president of the Human Rights Party. “And because of this law, the government will have more ability to confiscate the land of citizens.”
However, Ouk Rabun, secretary of state for the Ministry of Economy and Finance, who defended the bill in the National Assembly this week, said the law was suffering from “negative interpretations.”
“In this case, the government will do the expropriation,” he said. “We must distinguish between legal expropriation and violence and abuse” in land disputes.
The law, which has eight chapters and 39 articles, allows the state to seize land for development in the national interest. That can mean for ports, power structures or an energy network, but it can also mean for security or national sovereignty.
Opponents of the law say it is not clear enough and could allow the government to evict people from their land before a case has been arbitrated. They also warn the law makes no provision for fair market values; instead, compensation will rely on a decision by a national committee.
Ny Chakrya said rights and housing groups sent recommendations for the law to the National Assembly and the government, but they were not heeded.
Cheam Yiep, a CPP lawmaker, said some of the recommendations may find their way into subdecrees when the law is promulgated.
The Law on Expropriations passed through the National Assembly on Tuesday, allowing for authorities to move people from their land in the name of national development, such as the construction of an airport or the widening of a road.
The bill had the support of 76 lawmakers from the Cambodian People’s Party and was opposed by members of the opposition Sam Rainsy and Human Rights parties.
“When the law on expropriation is enforced, it will allow the government and the authorities, in the capital and in the provinces, the full ability to easily expropriate real estate of citizens, under a pretext for the sake of fundamental infrastructure,” Ny Chakrya, lead investigator for the rights group Adhoc, told reporters in Phnom Penh.
Cambodia’s poor have faced increasing pressure, from both legitimate authorities and unscrupulous officials and businessmen, in recent years, as the country experienced a boom in land prices. Some people have been evicted by the government or had their land taken, creating a source of unease for many and, critics warn, potential unrest.
“There was the confiscation before the draft law passed without reasonable compensation,” said Kem Sokha, president of the Human Rights Party. “And because of this law, the government will have more ability to confiscate the land of citizens.”
However, Ouk Rabun, secretary of state for the Ministry of Economy and Finance, who defended the bill in the National Assembly this week, said the law was suffering from “negative interpretations.”
“In this case, the government will do the expropriation,” he said. “We must distinguish between legal expropriation and violence and abuse” in land disputes.
The law, which has eight chapters and 39 articles, allows the state to seize land for development in the national interest. That can mean for ports, power structures or an energy network, but it can also mean for security or national sovereignty.
Opponents of the law say it is not clear enough and could allow the government to evict people from their land before a case has been arbitrated. They also warn the law makes no provision for fair market values; instead, compensation will rely on a decision by a national committee.
Ny Chakrya said rights and housing groups sent recommendations for the law to the National Assembly and the government, but they were not heeded.
Cheam Yiep, a CPP lawmaker, said some of the recommendations may find their way into subdecrees when the law is promulgated.
9 comments:
For Cambodia to excell, this law is good as long as it applies to a fair financial compensation to Cambodian citizens who have the rights on the properties.
Pure Communism at it best!
Is Vietnam going to make a law
of imminent domain when they want
to build a 10 lane super highway
from Vietnam to Thailand?
Imminent domain means: No compensation for the taking, period.
May be very little, if any.
you think all the polices man are cambodia? no no no some of them are viet youn.100% they are viet youn.
if some people so concerned about illegal relocation out of the way of public infrastructure development, then the law should spell out what must happen and mention the exception, etc, so there has to be order and civilize because if it's up to the people, then we have no gov't. gov't is there to keep peace and order, really! you know how chaotic people can be when they lived too close to the roadway and then refuse to be relocated, etc... yes, people opposition shouldn't focus on "negative interpretation of the law. why don't they help to spell out this law, instead of whining and bitching about it to no avail. are they try to not have this law so chaos with unruly people can go on? iff they so concern about the fair compensation, then say no in the debate in the national assembly. cambodia gov't can't afford to let a few individuals interfere with the much needed law for the sake of national interest, really. yes, there are more to cambodia than just a handful of pessimistic whiners! why don't they discuss it in the national assembly to get their point across and be heard and so on? it goes to show opposition is really a trouble-maker, who is good for nothing, perhaps!
NOTHING put together by this monkeys regime is fair or just!
They allow this kind of stuff to happen so eventually khmer will continue to kills khmer! At the END, the land belong to youns without any youns doing the fighting or killing.
I hope other khmer are seeing this also.
hun sen is a former khmer rouge so his nature is brutality. look at his gangs is evicting the poor ppls. i wish new year comming destroy hun sen & his clans from this planet.
75% of us knew what's going on.
i'm sure it is easier to blame than taking responsible for own self! so childish the way people here saying us against them or whatever the case maybe. it's like saying i'm better than you and so on... hey readers here aren't stupid, you know, we all can read and analyze for ourselves what some of you are saying here! sounds more like a political difference than a harsh cambodian gov't, here. the gov't aren't that bad, really, depend on where you come from and what have or have not you! think about it. those who bitch will always bitching, it's in their gene, really! hey, don't be mixing different issues together to paint a bleak picture for cambodia here. cambodia and gov't is improved a lot and we're not that bad, really! if some political group have issue, then debate in the national assembly or make the rule of law about it, but whine does no good, really!
10:44 PM,
What kind of improvement this Hun Sen government has done? corruption is still rampant, beggars are increasing, jailing critics is still going on, the government is still begging to survive.
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