Croc Tears Cheated Koh Khloong (កោះឃ្លង់) Tragedy

29/11/2010
Comment by Kok Sap
Originally posted at: http://khamerlogue.wordpress.com

Following the 1991 Paris Peace Agreements and the UN administered national elections; a free-market economy was introduced. The 1992 Land Law first introduced the concept of legal possession. Legal recognition of possession rights was updated by the 2001 Land Law.

According to this law, anyone who settled on, or began using their land at any time before the 2001 Land Law was passed, is a legal possessor as long as they meet the five conditions set out in the Land Law. These five conditions are that the possession must be continuous, peaceful, in good faith, unambiguous and known to the public. In addition, at the time that the possession commenced, the land could not have been State public property, privately owned by someone else, indigenous land or monastery land.

If all conditions are met, legal possessors have the right to request a title of ownership. The possession constitutes a right in rem meaning that while the possessor is waiting for the possession to be converted to ownership he/she has the right to live on and use the land, exclude others from the land, and transfer it to others. The procedure for issuing title to legitimate possessors is in theory straight forward. It can be done through systematic registration, initiated and conducted by the Government, or through sporadic registration initiated on the application of the land-holder. Upon proving that they meet the conditions of legal possession, all legal possessors should be issued with titles.

However, there is repeated evidence of the Government denying land titles to those with valid possession rights. In many instances, households that have strong possession rights claims are unable to engage Government in any dialogue as to the legitimacy of those claims. Instead, households seeking to advance their possession rights claims and obtain title are simply told they have no rights, with no underlying explanation, no process of examining evidence or presenting a justification for the denial of title, or any other mechanism that might allow for a standardized and transparent process.

Possession rights were formalized by the Land Law in recognition of the fact that many millions of Kampuchean do not have legal title to their land and as such should provide a means of tenure security to these households until formal titling is conducted in their area. The arbitrary and non-transparent manner in which possession rights are recognized or denied renders this legislative attempt to provide security meaningless.”

Due to past history Koh Pich is not the original name. Under the French rule, it said one of the Kings had the lepers rounded up from across the kingdom then sent them to an isolated tiny isle across from his palace compound in Phnom Penh. The lepers were banished from mainland, Kampuchea. No outside contact allowed. The visitor must bribe the officials to visit the leper relatives lived on the isle. The king’s order was absolute and placed upon the lepers not to leave but to live and die on the isle. Any one attempted to leave, if caught, the offender would be charged with lèse- majesté offense and summarily execution. Thereafter, it has come to be known as Koh Khloong (កោះឃ្លង់).

After going through Hanoi perpetuated wars and incursions, 1979 Yuon occupied Kampuchea. During the interim, Koh Khloong was a home to hundreds of poor since 1982. The 1991 Paris Peace Agreements and the UN administered national elections; a free-market economy was introduced. Then in 1992 Land Law was first introduced the concept of legal possession.

But for Koh Khloong‘s 302 families, land law seems ambiguous and ludicrous in defending their rights. Per USAID project PILAP,” When they received an eviction order (from Angkar Leu)in 2004, residents of a lush 68-hectare river island minutes from downtown Phnom Penh, Cambodia had no idea their plight would become a symbol for a larger struggle. The order came shortly after local officials and a major financial institution began pressing residents to leave the island to make way for its redevelopment as a “satellite city,” complete with luxury villas and hotels. The residents, many of whom are illiterate farmers, were easily intimidated by threats and misinformation. Many accepted a paltry sum of less than $2 per square meter of their land to relocate to a crude resettlement site outside the city, far from the farms that sustained them. The project seeks out cases that generate public debate and demand accountability and respect for legal norms. In an environment where illegal land-grabbing occurs with impunity, the Koh Pich island dispute presented an opportunity to uphold and publicize important legal principles. The Cambodian Constitution and the Land Law grant rights to people residing on unregistered land. The law also establishes the principle of “fair and just compensation” prior to any government “taking” of land for a public interest. Armed with a clear understanding of these principles, the lawyers analyzed the residents’ claims. To strengthen their position, they conducted an appraisal of land values on different parts of the island. The highly publicized, high-impact approach has enabled a community to assert its legal rights in one of the first collective legal actions in Cambodia. In the process, the case has laid a foundation for the principle of “fair and just compensation” for the increasing number of victims of land-grabbing throughout the country.

To avoid public scrutiny a so called Overseas Cambodia Investment Company (OCIC) belongs to a Chinese born 1946 in Phnom Penh but lives in Canada was fronted for the whole deal.

” In 2006, OCIC signed a $50 million 99-year lease with the city of Phnom Penh to develop and manage Koh Pich. Sales of apartments, villas and houses began in late 2008. At the same time the developers also began building a bridge to the island. With units priced at $1,500 per square metre initial sales were poor and OCIC offered various promotions, including discounts of up to 35 per cent on villas and houses in the first phase of the project, and payment period incentives. Units are available from $200,000 to $1 million. When completed in 2017, Diamond Island City will occupy 75-hectares of the island overlooking Phnom Penh. The project was originally planned to be completed by 2016, but work was delayed because of the downturn in the economy.”In term of the stampede incident, the OCIC owner donated $1,000 for the dead and $200 for the injured.

To fool the potential voters for next election, on 25/11/2010 Comrade Xen put on a spectacular show for the public and press corps. But today he insulted the nation, “no one is responsible for the fatal stampede. This incident could be preventable with proper management. It is the poor management and negligence that had cost hundreds of death. No one is to be punished.” Not bad politic for a flunk out eighth grader proletarian foot soldier from Yuon supported Khmer Rouge regime turned five diamond star general who rules country likes his own rice paddy.

The weeping prime minister daughter and owner of Bayon TV appeared to be one of the owners. Instead of expending her own money for the victims, she has collected large sum of donation via her television station from the public to pay for her own liability and responsibility. Following by Comrade Sok An, the chief operator of the council of ministers and the apparent co-owner of the isle too, used his most powerful position in Kampuchea to hastingly announce and conclude the investigation. The death toll was reduced from over 400 to 351. Meanwhile Comrade Kong Sam Ol, the minister of Royal Palace and head of the festival committee offered to resign but he was assured no one knew the incident would happen and the number of spectator was larger than expected. Comrade Xen did not apologize to the nation. Also he did not accept Kong Sam Ol resignation and insinuated each dead receives $12,000 that‘s enormous amount as opposed to $700 annual income per family. Other word no one was fired for the incident including the insensitive and insolent governor of Phnom Penh, Kept Chuy Taemae.

In all, the head of government is too incompetent to raise issues with his subordinates. Clearly his and relatives interest is above the laws. To his concern it’s all about who owns what, where and how much can be collected from. Now it is an outrage for Kampucheans to have faced fat crocodiles and starved hyenas in government when comes to law enforcement and responsibility.