18-Month Sentences in Dey Krahorm Case [-Parody of justice at its zenith: The land-robber get away free, the victims are sent to jail]

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
16 February 2009

Phnom Penh Municipal Court on Monday sentenced three former residents of the Dey Krahorm neighborhood in Phnom Penh to 18 months in jail, for the destruction of property and assault on security guards.

Chan Vicheth, 31, Khieu Bunthoeun, 39, and Ly Youleng, 62, were each found guilty for taking part in the Dec. 3, 2007, vandalization of a bulldozer and the injury of two guards.

The incident followed plans by the 7NG company to evict villagers from Dey Krahorm and move them to the outskirts of the city. That eviction finally took place in force earlier this year, with hundreds pushed out of the Chamkarmon district neighborhood.

However, at the time, villagers had fought the company for their right to stay or be better compensated to move.

Judge Chey Sovan sentenced each man to 18 months, plus five years probation and payment of compensation of $200 to the company, $250 to one guard, Ing Var, and $50 to another, Sok Kosal.

“They were the victims,” the judge said.

Horm Sunrith, lawyer for the accused, called the verdict “unjust,” citing a lack of evidence and differing accounts among the company’s witnesses.

No 7NG representatives were present at the hearing Monday, and none could be reached for comment.

They destroyed their homes, stole their land, and now they sentenced them to jail term: Justice under Hun Sen

Phnom Penh (Cambodia).16/02/2009: While the verdict was issued against three Dey Krohom representatives, some 30 residents were organising a sit-in in front of the Municipality. (Photo: John Vink / Magnum)

Court sentences three evicted residents of Dey Krohom for destruction and assault

16-02-2009
By Ros Dina
Ka-set

On Monday February 16th, the Municipal Court of Phnom Penh issued its verdict in the case of three Dey Krohom residents, who had appeared before the Court on February 11th following a complaint filed against them by the 7NG company and some of its employees for destruction of private property and assault. The three defendants were condemned to suspended prison sentences – 20 months for Khieu Bunthoeun, including four days in prison, which he already served, and 18 months for Chan Vichet and Ms Ly Youleng – and five years of probation.

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'Economic progress' in Cambodia compromises human rights

Demolition in Dey Krahorm by the evil 7NG company with the complicity of the Phnom Penh city hall (Photo: Reuters)

Feb 11, 2009
Peter Frankental
The Telegraph (UK)

What price "progress"? It is a question that has plagued politicians for generations. Do government policies which aim to create jobs and stimulate economic growth make some abuses of people's rights along the way acceptable?
Amnesty International's line is solid. Economic progress is fine with one caveat - human rights should never be compromised. Every company has a responsibility to respect human rights - especially for the people affected by its operations.

A few business leaders have argued that such protections impinge on free trade and competitiveness, but the two need not be at odds. Indeed Amnesty International has been working hard for years with a number of states, multinationals and global bodies to show the benefits of adopting a human rights approach to business.

Companies from Unilever to Sony and from Nokia to GlaxoSmithKline now have a human rights dimension in their codes of conducts.

Meanwhile, here in the UK we now have the Corporate Manslaughter Act - the result of concern that companies were not being held accountable for their negligence, even when this resulted in injuries and deaths

The problem is that a large number of companies and countries still have a lot of catching up to do. Take the case of a construction and mining company and its collaboration with the country of Cambodia. It is a collaboration where so-called "economic progress" has led to thousands of residents of Dey Krahom in central Phnom Penh losing their homes.

The incident centres around the ownership of the land. The company 7NG say it belongs to them, having struck a deal with the local authorities back in 2005. However, they failed to inform or consult the villagers about the change in ownership. And the whole matter is further complicated by the villagers' own strong claims to the land under Cambodia's 2001 Land Laws - claims which have been routinely ignored by the authorities.

But the bottom line is that irrespective of who does or does not own the land, the abuse of human rights that followed is unacceptable.

On 24 January this year, 7NG, supported by the Phnom Penh authorities, forcibily evicted 152 poor urban families in Dey Krahom.

At around 3am, an estimated 250 police, military police and workers hired by 7NG blocked access to the community before dispersing the population with tear gas and threats of violence.

Three hours later bulldozers moved in and levelled the village, while officials from the Phnom Penh municipality looked on. Some of the families were not able to retrieve belongings from their homes before the demolition, and a vast majority of them were left with nowhere to go and no adequate compensation afterwards.

Can this be called "progress"?

The two sides had been in dialogue about a compensation package and seemed to be edging closer to a settlement. The talks stalled in early January and the forced eviction followed within days.

Since then only 30 of the families have been offered alternative accommodation by the authorities and even that is over 10 miles from the city centre where most of them work as street vendors. The housing in the new site also has no clean water, no electricity, sewerage or basic services.
Sadly, this story is not an isolated one. Forced evictions are one of the most widespread human rights violations in Cambodia, and those affected are almost exclusively marginalised people living in poverty, in both urban and rural areas.

In 2008, at least 27 mass forced evictions affecting over 20,000 people were reported in the media and by local organisations. Some of these were made homeless; others were relocated to inadequate resettlement sites with poor infrastructure, lacking basic amenities including sanitation, and with very limited access to work opportunities.

Last year, 150,000 Cambodians were known to live at risk of being forcibly evicted in the wake of land disputes, land grabbing, and agro-industrial and urban redevelopment projects.
It is a similar tale across South East Asia and beyond.

If "progress" is to be made then the business world needs to begin to open its eyes to the communities it operates in and acknowledge their responsibilities to uphold fundamental human rights.

If some companies can do this in some countries, then why not all companies everywhere? Isn't it time for the business community to demand a level-playing field, where all companies are required to operate within a framework of acceptable standards? Otherwise those companies and states that abuse human rights will gain a competitive advantage. This is a nettle that needs to be grasped by business and government alike.

Evictees protest outside PM house

Protesters holding a sign reading: "The 7NG and the City of Phnom Penh demolished our houses in Dey Krahorm" (Photo: Ouk Savborey, RFA)

Monday, 09 February 2009
Written by Chhay Channyda
The Phnom Penh Post

EVICTEES from the Dey Krahorm community in central Phnom Penh staged a second set of protests Sunday outside Prime Minister Hun Sen's house in Takhmao, demanding compensation for the destruction of their homes.

About 40 ex-Dey Krahorm families, most of whom are now living on the street or in pagodas, lamented the January 24 eviction that saw their houses flattened by teams of hired hands from developer 7NG.

Lim Leang Se, Hun Sen's deputy Cabinet chief, said by phone Sunday that he would call a meeting Tuesday over the issue.

"We will try to help them on Tuesday [February 11] by asking the municipality and 7NG officials to meet [evictees] at the 7NG office at Dey Krahorm," he said. "Families are unsure whether they are receiving a house [as compensation]. We will help them check whether they have their name on the list," he said.

He added, however, that any demands for cash would have to wait.

Originally housing between 800 and 1,400 families, the Dey Krahorm community had shrunk as residents accepted compensation offers and relocated. A final offer of US$20,000 was made, ensuring all but an estimated 90 families had left before the eviction. The developer terminated that last offer three days before the eviction. The company then offered the hold out families a house at a relocation site 16 kilometres outside the city, but many evictees say they would prefer cash to living so far away.

Homes Demolished in Cambodia Land Grab

Residents of Dey Krahorm watch as workers demolish their homes, Jan. 24, 2009. (Photo: RFA/Ouk Savborey)

2009-02-03
Radio Free Asia

A Cambodian property developer forcefully evicts residents to develop a commercial site in the capital Phnom Penh. Talks of compensations end in the midst of confusion over land rights.

PHNOM PENH—A property developer in Cambodia’s capital, Phnom Penh, has ended compensation negotiations after forcefully demolishing the homes of residents.

On Jan. 24, 7NG Construction company physically expelled 152 families from Dey Krahorm village in Phnom Penh’s Chmakar Mon district and tore down their homes to develop a commercial site consisting of townhouses and office space.

The residents are now homeless and living without basic necessities.

One resident, who did not provide his name, said community members were given no prior warning of the demolition, which began early in the morning.

“There were many authorities, police, and military police standing in front of my house, and they pointed to me and said, ‘There he is! There he is,’” he said.

“They suddenly grabbed me and beat me. They even pulled my seven month pregnant wife out and pulled her hair,” he said.

“They beat me until I could not see straight, so I do not remember [who attacked me], but they were in police and military police uniforms,” he said.

“They beat my arm with the butt of a gun and they hit me in the jaw, which is still swollen…They kicked me all over my body until I rolled over, handcuffed me, and then pulled me to the other side of the road,” the man said.

The resident said that in addition to being beaten, he was also robbed during the incident.

“Property was looted. 7NG Company sent workers wearing yellow, blue, and red shirts carrying new cloth bags to take property and carry it away on their shoulders. Everything has been looted—goods I purchased for stock worth more than 10 million riels (U.S. $2,500)—there is nothing left,” he said.

Inadequate Compensation

Most of the Dey Krahorm families have been residents of the village since the early 1980s, which legitimizes their possession rights under Cambodia’s 2001 Land Law.

However, authorities have not officially reinstated property rights for the majority of Cambodia following the Khmer Rouge era, leaving many citizens exposed to arbitrary land use decisions.

In 2003, the government gave the Dey Krahorm community an “in-situ social land concession,” which under the Land Law protects poor communities’ right to land. Both the Cambodian Constitution and the Land Law state that no one can have their land taken without fair compensation.

But more than three years ago, 7NG began negotiations with the residents, offering to build them alternative housing with utilities in Damnak Trayeung village, in Phnom Penh’s outlying Dangkor district.

But since then, the price of land in the area has sharply increased, and the residents who did not accept the initial terms have demanded compensation reflecting current market prices.

The families had been demanding at least U.S. $20,000 each, based on what they said was fair market value.

7NG Construction initially agreed to residents’ demands, but then rescinded the offer and carried out demolition plans.

It has since offered U.S. $185 each for their property, in addition to a four by 12 meter apartment without functioning utilities.

Srey Sothea, the CEO of 7NG, said that residents had been told through a representative to accept the offer of compensation or to expect nothing at all.

“We offered the remaining residents extra compensation and asked them to leave by the specified date to avoid an ugly incident,” Srey said.

“We couldn’t wait any longer—we had to take this [extreme] measure or the situation would get worse,” he said.

More than 1,400 families agreed to relocate to Damnak Trayeung, including as many as 90 following the forced eviction, but a remaining group of about 60 families are now homeless and have not received any compensation.

In the eight days since the demolition the evicted families have been forced to sleep in parks and to seek temporary refuge in the offices of human rights groups and the Office of the High Commissioner for Human Rights (OHCHR.)

Calls go unanswered

On Jan. 27, the residents of Dey Krahorm seeking government help in negotiations held a demonstration across from the Cambodian National Assembly, but were removed that evening by security guards and armed forces.

The following morning, residents presented a petition to the office of Prime Minister Hun Sen at the Council of Ministers, but calls for government assistance went unanswered.

The deputy governor of Phnom Penh, Mann Chhoeun, said negotiations broke down due to the unwarranted demands of the Dey Krahorm residents.

“The negotiation could not find a middle ground…The bargaining terms kept shifting, with some home owners originally demanding U.S. $10,000, then asking for U.S. $20,000 in exchange for a single dwelling unit,” he said.

Mann Chhoeun acknowledged that the municipality still owed residents some 90 housing units following the initial terms presented by 7NG in 2005.

But he said that as negotiations continued, residents’ claims on units gradually increased to 150.

“The number of families also increased from 51 to 200, and the municipality could not afford to continue the negotiations,” Mann Chhoeun said.

Call for action

The Cambodian Office of the UN High Commissioner for Human Rights and Human Rights Watch in New York condemned the forced demolition, calling for the arrest of the men who beat residents and destroyed their homes.

In a statement, the Cambodian Office of the UN High Commissioner for Human Rights said the eviction “runs contrary to the government’s policy of good governance, rule of law, human development, and poverty reduction,” which it said development partners claim to support.

“It is not too late for the municipality, the government and the company to demonstrate that the land law can be upheld and applied to protect the rights of all citizens, regardless of their wealth or social status,” the statement said.

Elaine Pearson, Asia office deputy director for Human Rights Watch in New York, said the Cambodian government should end evictions of residents in land disputes.

“There should be a talk with the community to discuss a resolution first. Last week, in a talk with the authorities, residents said they would agree to demolish their houses and leave the area if they received appropriate compensation for their land,” Pearson said.

“In the meantime, the government should provide the residents emergency aid. They have lost their housing, they lack food and water, and they seriously need long-term aid,” she said.

Confusion over land rights

The land issue dates from the 1975-79 Khmer Rouge regime, which forced large-scale evacuations and relocations throughout the country. This was followed by mass confusion over land rights and the formation of squatter communities when the refugees returned in the 1990s after a decade of civil war.

Housing Cambodia’s large, young, and overwhelmingly poor population has posed a major problem ever since.

Original reporting by Ma Yarith, Pon Bunsong, Ouk Savborey, Hassan Kasem, and Borin Sam for RFA's Khmer service. Khmer service director: Sos Kem. Translated by Oun Chhin and Hassan Kasem. Written for the Web in English by Joshua Lipes.

Robbing the poor to give to the rich: Cambodia's upside down world under the rule of Samdach Robber Hood Hun Sen

Oknha Srey Sothea received honours from Mr. Hun Sen.

Dey Krohorm and the Robber Hood of Cambodia

31st January, 2009
Opinion by Khmerization

“These less fortunate slum-dwellers are paying the price for the developments, the lifestyle and the prosperity of the privileged few urban elites. Mr. Hun Sen’s policies of condoning, and in certain cases, abetting, forced and inhuman evictions, is a case of the “Robber Hood of Cambodia” robbing from the poor to give to the rich.”

It’s heartbreaking to see the hapless residents of the Dey Krohorm neighbourhood being evicted in an inhuman way by 7NG company in collusion with corrupt Phnom Penh officials.

More than 150 families were forcibly evicted at gunpoint in the early morning of last week, when residents, including the young, the sick and the old, are still sound asleep. Their houses were razed to the ground while their belongings are still full. They have barely the time to escape the pounding of the demolition bulldozers. They lost everything. The pictures and the images of the evictions that splashed around the world are disheartening and heartbreaking.

Now many of them are homeless - most sleep on the streets or camped in the parks. They lost their livelihood and now they are starving.

The land at Dey Krohorm is worth about $3,500 per square metre. A few day before the evictions, 7NG promised the residents of between $15,000-$20,000 in compensation but now that the evictions have been successfully carried out, the compensation promises have now been reneged. The company now say they will only provide a home a few kilometres outside of Phnom Penh - a worthless real estate.

Prime Minister Hun Sen has, in the past, promised that the government will strive hard to alleviate, and possibly eliminate, poverty in Cambodia. While Mr. Hun Sen had, to a certain degree, managed to raise the standards of living of some urban people, he has been seen as neglecting the less fortunate slum-dwellers and the people of rural Cambodia.

These less fortunate slum-dwellers are paying the price for the developments, the lifestyle and the prosperity of the privileged few urban elites. Mr. Hun Sen’s policies of condoning, and in certain cases, abetting, forced and inhuman evictions, is a case of the “Robber Hood of Cambodia” robbing from the poor to give to the rich.

Sombok Chap neighbourhood has been forcibly evicted a few years ago and most of the residents who had been resettled in the place provided by the company are still living in hardship. The evicted dwellers of Dey Krohorm will certainly face with the same fate or even worse, considering that all their belongings are demolished along with their houses. Next will be the “Building Neighbourhood” and the Bassac Theatre neighbourhood.

The forced evictions of Dey Krohorm dwellers have been carried out by 7NG ruthlessly and with impunity without any fears of any legal ramifications. And after the evictions, Oknha Srey Sothea, the owner of 7NG, has been quoted as arrogantly saying that, any monetary compensations are out of the question. As such, the evictions seemed to have the backing and the blessing of Mr. Hun Sen because the owner of 7NG is Oknha Srey Sothea who is very close to Mr. Hun Sen. In Cambodia, there is a saying that nothing can be done without the approval, or the blessing, of Mr. Hun Sen.

Mr. Hun Sen, and the court in particular, must condemn these forced evictions in the strongest term and force 7NG to make a reasonable compensation package to these rightful owners of Dey Krohorm neighbourhood. Anything less than the amount they are entitled to would be tantamount to a collusion of crimes punishable by Cambodian laws.

Sacrava's Political Cartoon: The Dey Kraham's UN Special Rapporteur

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Dey Krahorm residents protest in front of Hun Sen’s house

29 Jan 2009
By Mondul Keo
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the original article in Khmer

About 60 former residents of Dey Krahorm, representing 116 families who saw their houses demolished by the 7NG company and were evicted by force, held a new demonstration in front of Hun Sen’s house in the afternoon of 29 January.

Sam Ny, a representative of the residents who joined the demonstration, said that his group is determined to protest in front of Hun Sen’s house because they believe that only Hun Sen can find justice for them. Sam Ny said: “We have only one goal today, we came to Samdach [Hun Sen’s] house directly to ask him to find justice for us. I am confident that justice will be provided to all of us from Dey Krahorm because Samdach will help push for it.”

Chan Pho, another representative of the residents, said: “They shot fumes [fire extinguisher] on my children and grandchildren, their faces are now turning blue and black, they cough up blood. I am asking Samdach Dek Cho PM to help me, I cannot rely on anybody, but Samdach alone.”

It should be noted that 2:45 PM, an official from the PM office invited two representatives of the residents to go inside his office, and he accepted a petition handed over by the demonstrators, saying that he will directly hand over the petition to Hun Sen as soon as possible.

The content of the petition asks Hun Sen to intervene with the 7NG company so that it would pay a compensation of $20,000 for each evicted family.

Horn Sor, another representative of the residents who went in to hand over the petition, talked to RFA about the result of the meeting: “Samdach’s party just received our [petition] document, he said that when he receives words from Samdach’s intervention, he will forward the information to us. He told both of us, the representatives, to wait and he will intervene into this case as soon as possible.”

Srey Sothea, chairman of the 7NG company, and Mann Chhoeun, the Phnom Penh city deputy governor, said that the 7NG company’s intention is not to provide any monetary compensation, but it will only provide a plot of land and a house in Borey Santepheap II, located in Dangkao district, they also set a deadline for the acceptance of this land offer to the end of January.

Mann Chhoeun said: “This is an unconditional goal, as you (RFA reporter) just asked me, what happens to $20,000 (compensation offer)? That $20,000 was only valid during the negotiation for a middle road only, but there is no middle road, we cannot find one.”

It is not known yet what Hun Sen’s decision will do regarding the demands made by the residents.

Nevertheless, to Ou Virak, President of the Cambodian Center for Human Rights (CCHR), a compensation solution that is forced upon the residents is a right violation and a very serious violation of human rights.

Eviction of remaining Dey Krohom families could have been avoided, says UN Office

29-01-2009
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...”

'Children of the Khmer': Fêted in Scotland … bulldozed back home

30 January 2009
By Tim Cornwell
Arts Correspondent
The Scotsman (Scotland, UK)

SIX months ago they were being fêted in Edinburgh, cheered by crowds in the Festival parade and winning four-star reviews for their show of traditional monkey and peacock dances.

But the Cambodian teenagers, who performed as the "Children of the Khmer" in Scotland last August, are among hundreds of people who have lost their homes in a slum clearance in the centre of Phnom Penh, The Scotsman has learned.

Poor residents of Dey Krahorm had been fighting eviction for three years until police and bulldozers moved in this week.

Many of the dancers affected are orphans or from poor single-parent homes. Thoem Bunleng, at 21 one of the oldest performers, who played a monkey drummer in Edinburgh, watched while his home was razed.

"His father just died, and he couldn't afford to pay for the funeral, and he is basically homeless," said Richard Chappell, who helped bring the Cambodian group to The World venue in Edinburgh. "He is staying in one of the classrooms we have in Phnom Penh."

Witnesses described demolition workers rocking stilted houses till they fell apart as inhabitants tried desperately to remove belongings.

Amnesty International this week called on the Cambodian authorities to stop the demolitions and ensure adequate compensation and restitution for those evicted. Opposition MPs also condemned the "grave violences" of the municipal authorities in the Cambodian capital.

Amnesty said more than 150 poor urban families had lost their homes when a force of about 250 police, firemen and workers moved in at 3am, dispersing protesters with tear gas.

"The most urgent task now is for the government to immediately address the humanitarian needs of these people, who have lost their homes and face imminent food and water shortages," said Amnesty's Cambodian researcher, Brittis Edman.

The Cambodian families claim they have legal rights to the land their shanty homes are built on, but that local authorities signed it over to a developer as property values have skyrocketed. The development company, 7NG, claims to have offered up to $20,000 (£13,986) compensation.

But many of those evicted have said they do not know how to apply for payment – which will be far harder to do now they've been forced out.

The company offered alternative accommodation, but it is said to be several miles outside the city with no facilities and no running water. One girl dancer, Chandaloy, who lived in little more than a cupboard, lost her home yesterday.

"They have full legal right to their houses, they are not squatters. All the simple ground-level houses have been cleared. Stage two is the apartment buildings," said Mr Chappell.

The Children of the Khmer show featured 26 young Cambodians trained by Cambodian Living Arts. CLA is a non-governmental organisation which supports traditional Cambodian artforms, widely banned under the Khmer Rouge.

More than 100 CLA students and at least five teachers live in Dey Krahorm.

John Simpson, of the World venue, which brought the Cambodians together, said: "The real interest for us is to follow through on the projects with the Cambodians. We are going to bring them in 2010 and this will certainly not stop us.

"I am sure the people of Edinburgh will be as welcoming and supportive as they were last time. It means a lot for the kids to know the people they met in Edinburgh are supporting them during such difficult times."

Anyone wishing to help can send an e-mail to info@theworldfestival.com.

BACKGROUND

UNDER the Khmer Rogue regime of Pol Pot, at least 1.7 million Cambodians, some say more than two million, died of starvation, disease and executions during the dictator's primitive experiment in human engineering, called "Year Zero".

The idea behind Year Zero was that all culture and traditions within a society must be completely destroyed or discarded, replaced by a new revolutionary culture.

Consequently, about 90 per cent of the country's performing artists died during the Khmer Rouge regime, a devastating blow to all of Cambodia's ancient traditions.

After the fall of the Khmer Rouge, the cultural tragedy was compounded by two decades of economic hardship, when very few of the surviving performers could make a living for themselves.

Cambodian Living Arts stepped in to support those performers who, despite their deep knowledge and skill, had either retired or reduced their teaching and performing loads. Now, it funds 16 classes throughout Phnom Penh and seven other provinces to promote the tradition.

After illegal demolition and eviction, the 7NG Company now launches an ultimatum on former evictees: Justice under Hun Sen's gov't?

Former Dey Krahorm residents on Monday. Photo by: HENG CHIVOAN

7NG makes one final offer

Thursday, 29 January 2009
Written by Chhay Channyda
The Phnom Penh Post

Saga continues as families evicted from Dey Krahorm by private developer 7NG are offered housing in relocation site 16km outside Phnom Penh.

PRIVATE developer 7NG delivered an ultimatum Wednesday to residents evicted from Dey Krahorm community, saying they had until the end of the month to accept compensation or they would receive nothing, according to a statement from the company.

In a statement by Managing Director Srey Chanthou obtained by the Post Wednesday and dated Tuesday, 7NG urges residents to contact authorities before Saturday if they want to receive a house at the new relocation site in Damnak Trayoeng village, saying there were enough houses for 85 families.

Rights groups claim around 150 families were forcibly evicted from the city-based community Saturday and relocated to Damnak Trayoeng village, 16 kilometres from the city.

An additional sum of 777,700 riels (US$189) was also available along with housing supplies for each family applying, Srey Chanthou wrote.

"Residents and vendors must rush to contact the company and authorities before January 31, 2009. If they are late to accept a house or stalls, the company will not be responsible to provide anymore," Srey Chanthou announced in the statement.

The company also said that the 113 market vendors who had stalls at Dey Krahorm that were also demolished in the eviction could register for new stalls at the relocation site. They are now staying under the car park of Damnak Trayoeng office, the letter added.

He added, however, that individuals renting in the original community would not be eligible to apply for a house. "The company will not be responsible for renters," he said.

Leng Kim Rady, 52, an evictee now living in Damnak Trayoeng, said his family had set up a tarpaulin in a parking area.

"The deadline to receive a home is too early for us to have a chance to think - with a family - whether or not to take a house," he said. "I still want US$20,000, as was the promise by the municipality and the company before eviction."

Chan Vichet, a Dey Krahorm representative, said the number of houses offered would not cover everyone. "Only 85 families can receive a house. What about the others who had a house before the eviction?"

Dey Krohom : Cambodian opposition condemns the attitude of Phnom Penh municipality

28-01-2009
By Ros Dina
Ka-set in English

In a joint communiqué released on Wednesday January 28th, MPs of the Cambodian political opposition, members of the Sam Rainsy Party (SRP) and Human Rights Party (HRP), condemn the attitude of the Phnom Penh municipality authorities and the “grave violences” exerted towards Dey Krohom inhabitants during their eviction and the destruction of their houses on the morning of Saturday January 24th.

In the declaration, SRP and HRP elected representatives assert that these violences constitute a grave violation of Human rights and housing rights, and point a finger at the responsibility of the Phnom Penh municipality in the operations conducted by henchmen of the 7NG company, under the approving, not to say encouraging eye of police forces and firemen.

“The role of authorities is to make sure that the law is abided by, and to take care of citizens' security and interest. But on the contrary, the authorities in place use their power to order armed forces to destroy dwellings and torture the population in the sole interest of traders, unlawfully”, they write, thus calling the Cambodian government to take urgent measures to put an end to “illegal actions” committed in land conflicts, and to condemn the authorities who give orders for them..

Finally, the elected representatives of the Cambodian opposition ask the municipality of Phnom Penh to distribute foodstuff, provide healthcare, accommodation and compensations to former Dey Krohom dwellers, evicted on Saturday January 24th.

Development of Dey Krahorm? A video by Licadho Canada

Bricks, walls but no money: revision of the compensations promised to Dey Krohom evicted families

Damnak Trah Yeung (Cambodia, Phnom Penh). 25/01/2009: Dey Krohom residents after their eviction, waiting for 7NG to allocate them one of the houses promised by the company (Photo: John Vink/ Magnum)

27-01-2009
By Ros Dina
Ka-set in English

Finding inspiration in the many ubiquitous dormitory towns springing up relentlessly one after the other on the outskirts of Phnom Penh, the Cambodian company 7NG built its “City of Peace II” (Borey Santepheap II) in the working district of Chom Chao. There, rows of simple 4m x 12m shophouses [official surface area offered by 7NG: 48m2] form several parallel lines. At the front, red-brick buildings shoot up from the ground. These are for sale. At the back, apartments. Their construction is partially complete. They are painted in white and have a side folding metal grille at their entrance. These are the houses that the company 7NG promised to give to holdout families who have been fighting against the company since 2006, refusing to let go of their land at Dey Krohom (Bassac settlement, Phnom Penh). These same families were savagely evicted at dawn, on Saturday January 24th.

Anarchical distribution of food

Borey Santepheap II, Monday January 26th. Filmed by a public television channel camera crew, bags of rice and boxes of dehydrated noodles are given out to evicted families. The distribution, organised by 7NG company officials and attended by representatives of the municipality, suddenly looks like a very official ceremony. Off-camera scenes: women crying out of hunger, exclaiming their incomprehension on the reasons why they are not allocated these same donations, promised as compensations by the concessionary company. “We haven't eaten anything for two days. But we too, lived in Dey Krohom...”, one of the women says, showing a sad and exhausted face.

We then walk away from the scene to look for the office where “coupons” are given out, entitling families to emergency food kits. The municipality of Phnom Penh encouraged the last 150 families living in Dey Krohom – i.e. the 91 families officially acknowledged by the company and entitled to a house or some money, and the 59 other families – to claim this property, to which they are allegedly all entitled. But instead of a clear written list of all beneficiaries, a man, presented as Dey Krohom's former village chief, points at those who will be given a coupon. When he claims not to know the face of someone, that person has to miss their go... Very quickly, complaints started coming out here and there. “But it is impossible for you to know all of our faces!”, some say in protest. The gathering soon turned into vast disorder and people had to be dispersed.

Waiting...

Makeshift camps made of bits and pieces provide shelter for some of the families who were not recognised by 7NG, and dream about a house on this site while others, duly registered on the list, are still asking 7NG for financial compensation rather than being allocated a dwelling there. They ended up on the site and are here “temporarily, waiting”, having nowhere to go to, they explain. For their everyday needs, they have a canal with water looking more than cloudy, and vast ricefields. “There is nothing here, apart from mosquitoes! It is scorching hot here, the state school for our children is located about 3 miles away from here and security is not good! Last night, there was a fight, a woman called for help and nobody budged...”, an elderly, former resident at Dey Krohom, reports. She used to live off selling half-hatched eggs in Hun Sen Gardens.

Many families would indeed have here housing structures made of permanent materials, better than the wooden shelters most of them lived in at Dey Krohom. But, as it often happens, families are rehoused before the site is complete, prepared and ready, and, in that particular case, just before Chinese new year celebrations... and far from the centre of Phnom Penh where they used to work.

An idealised village?

On Saturday, the day of the eviction, 7NG director Srey Chanthou and the vice-governor of Phnom Penh, Mann Chhoeun, painted in front of journalists an idyllic picture of the City of Peace, where everything was supposedly ready to welcome them... However, a few details undermine the picture. First, the zone is indeed connected to the electricity and clean water networks... but not the houses. And the price for individual installation goes about USD140 for electricity and USD150 for water. Then, after a rough inspection, it looks like not enough houses are ready. Builders are still at work. And “because of the Chinese new year”, as we were told, only a dozen inhabitants from Dey Krohom obtained their keys to an apartment.

Mann Chhoeun's viewpoint is that many will yet find something to suit them: “Before, inhabitants even refused to come and see what the area looks like, they imagined it was pandemonium. When they discover the place, they change their mind! Here, there is no fire hazard like there was in Dey Krohom and a micro-finance agency [belonging to 7NG] is here to help them buy means of transportation and launch small businesses. 7NG has already paid on Monday [January 26th] 100 millions out of the 700 million riels reserved for these small loans...”

In those times of resettlement, keeping it to oneself seems important. We interviewed a resident who had recently arrived on site and was busy putting a few of his belongings in his new home. He was explaining that he had “had no other choice but to accept”, when two men turned up on their motorcycles. The men, two former representatives for the Dey Krohom community who left three years ago, stationed themselves behind us to pointedly follow the conversation. Our interviewee, all of a sudden chilled by this way of intimidation which does not speak its name, was reduced to silence.

Negotiations ended

It is hard to gather figures that tally. 7NG manager Srey Chanthou assures that apart from the eight families who accepted the USD20,000 offer before the ultimatum was given, “50% already”of the remaining 83 families, entitled to compensation, according to his company's criteria, have reportedly accepted to take accommodation at Borey Santepheap II, and claims that “the regulation of papers is being dealt with”. As for the others, they are struggling to receive financial compensations, a choice which had until now been offered to them but is not valid any longer. “The company does not give money any more but just accommodation”, Srey Chanthou announces. However, on the day of the eviction, vice-governor Mann Chhoeun declared that principles established by 7NG should be strictly followed: a house or financial compensation... His memory has since become confused. Reminded of his words on Monday, the vice-governor claimed he was only a “middleman” in this case and that the ultimatum was indeed over... “Too late!”, Srey Chanthou said. Now that families have been evicted, there are no negotiations any more!”

Residents said they tried, a few days before the eviction, to obtain the 20,000 dollar-compensation, but were told they first had to dismantle their house to receive half of the sum; nothing was said as to when they would receive the rest... On the municipal side, Mann Chhoeun openly accuses inhabitants of being manipulated, which would explain their stubbornness in asking for money...

As for the 59 families who are not listed by 7NG, their fate does not come under his responsibility, Srey Chanthou explains. However, he adds that the fifty inhabitants who were registered as sellers in Dey Krohom will be entitled to a small stand at the local market, which is still struggling to take shape.

A meeting held at the Phnom Penh municipality offices between Mann Chhoeun and a dozen family representatives did not result in anything satisfying for the latter, who decided, out of desperation, to march towards the National Assembly with some forty other residents to urge Members of Parliament to support their claims, namely receiving compensation in dollars rather than bricks. Chan Vichet, their representative, also acted as a spokesman for the 59 families ousted of the lists but who, according to him, were for sure put down on the lists checked by local authorities in 2006 when the Dey Krohom population was estimated to include 1,465 families, before they disappeared from 7NG's latest lists.

Final recourse: the National Assembly

Following a long and tiresome lopsided fight, a representative for families, exhausted and desperate, struggled to find his words in front of some sixty inhabitants gathered outside the National Assembly. “All hope seems to have vanished, and what is left with us is the bitter feeling of being tossed about with contempt by the municipality and 7NG. We have been wronged”, Chan Vichet explains. Yet, this last resisting group will not give up. Late on Tuesday January 27th, residents were preparing to camp in front of the National Assembly - with a risk of being evicted by the police - since no representative of the legislative power came to meet them.

Among representatives of Human rights who came to back them up, Yeng Virak, director of the CLEC (Community Legal Education Centre) made a list of the many violations committed in this case. “Firstly, pursuant to a decision made by prime Minister Hun Sen to turn Dey Krohom into a social concession, inhabitants should have become the owners of their plot of land. Secondly, the contract signed between 7NG and representatives of residents was absolutely illegal because the latter acted in their own interest. Thirdly, the company was not allowed to evict families before a Court ruled on this case. Fourthly, the destruction of residents' personal property during the eviction must be condemned and give way to compensations. Finally, such an act is seen as a violation of the International Covenant on Economic, Social and Cultural Rights, which Cambodia did ratify.”

To this day, the tough eviction of Dey Krohom inhabitants has been condemned by important local organisations (Housing Rights Task Force, ADHOC, LICADHO, CLEC, CCDH, Bridges Across Borders South East Asia and COHRE) as well as Amnesty International. They particularly urge the government to address the needs of these families and understand their claims, especially their request for financial compensation.

Heng Samrin urges govt to act over Dey Krahorm

A former Dey Krahorm resident outside the National Assembly displays wounds he said he suffered Saturday during the eviction. (Photo by: HENG CHIVOAN)

Wednesday, 28 January 2009
Written by Chhay Channyda
The Phnom Penh Post

In letter to City Hall, National Assembly president says help is needed, makes no specific demands to developer 7NG.

National Assembly President Heng Samrin urged the municipality Tuesday to intervene in the bitter dispute between families forcibly removed Saturday from Phnom Penh's Dey Krahorm neighbourhood and private developer 7NG. He made no specific demands, however.

Evicted residents had submitted a complaint to the influential ruling party official Monday, asking for cash compensation to be reinstituted.

"Residents said that on January 24, the 7NG company and municipality demolished and bulldozed their houses without proper compensation," Heng Samrin said in a letter delivered to City Hall, a copy of which was obtained by the Post. "Please help solve this problem and report back to the [human rights] committee."

Cash compensation or a home at a relocation site 16 kilometres from the city, in the village of Damnak Trayoeng, had been offered by the private developer. In the weeks before the eviction, 7NG upped its cash offer to US$20,000, yet all but a handful of the remaining residents held out, arguing neither a home outside the city nor the cash figure offered was sufficient compensation.

Diamonds aren't forever

Dey Krahorm community spokesman Chan Vichet said flocks of evictees would continue protests outside the National Assembly until cash compensation was reinstituted.

But he lamented what he described as a series of broken promises by the authorities.

"I remember the Phnom Penh governor telling us not to exchange our diamonds for stone," he said, referring Kep Chuktema's warning to Dey Krahorm residents not to be cheated when he visited the prime-location slum before the 2003 national election.

Phnom Penh Deputy Governor Mann Chhoeun Tuesday declined to comment on how Heng Samrin's letter would affect City Hall's stance.

However, 7NG Chairman Srey Sothea insisted he would not budge.

"A house is the only choice. If I give them money, I would be violating the contract with former community leaders who signed a contract to build houses for them," he said.

In 2005, old community leaders at Dey Krahorm unilaterally chose to sign away the 3.6 hectare property to 7NG in return for relocation homes in Damnak Trayoeng village. Land rights groups had challenged the legality of the original contract and accused 7NG officials of using strong-arm tactics to force residents to accept the compensation deals offered.

In a statement Monday, Amnesty International said authorities are ignoring the needs of residents displaced in the "violent" eviction.

The watchdog group also accused the municipality of breaking the government's commitments under international law.

"Cambodia is obliged to ensure, before any planned evictions, that all alternatives are explored in consultation with those affected by the eviction."

Evictees Deserve Compensation: Rights Worker

Hun Sen's rectangular strategy to fight poverty? Worth nothing more than TRASH!
Documents about development assistance to Cambodia and the government’s so-called Rectangular Strategy, to combat poverty and improve health and education, lie on the ground in the wreckage of Dey Krahorm homes. (Photo: Licadho)
Demolition workers use axes, hammers and other tools to destroy homes. (Left picture © Peter Harris - Fotojournalism.net)
A woman wails as workers begin to destroy her house - her possessions still inside. (© Peter Harris - Fotojournalism.net)
A woman, who collapsed with heart palpitations, is comforted by her family. (© Peter Harris - Fotojournalism.net)

By Sok Khemara, VOA Khmer
Washington
27 January 2009

Click here to listen to the audio program in Khmer

A leading rights worker denied on Monday that non-governmental organizations were pushing an agenda for the displaced residents of a Phnom Penh slum, but are urging the government to provide them fair compensation.

“We know there has been some allegations against NGOs,” said Kek Galabru, founder of the rights group Licadho, as a guest on “Hello VOA” Monday. “But we NGOs only know that the people want fair compensation if they are evicted from the area.”

Kek Galabru was addressing government criticism of rights groups in the eviction of Dey Krahorm, a neighborhood in Phnom Penh’s Chamkarmon district, over the weekend.

Residents, who are among the city’s most disenfranchised, were ejected hundreds of demoltion workers of the 7NG development company and riot police, who launched tear gas and opened water cannons on them.

7NG had promised to pay $20,000 per home, but only one person of thousands had been compensated, Kek Galbru said. Some had only received $500.

7NG adviser Srey Sothea canceled an appearance on “Hello VOA” Monday.

Forced evictions have occurred with more frequency in recent years, as land prices in the capital and across the nation have risen. Kek Galabru said evictions of should be done according to law and in the interest of the people.

Cambodia: Hundreds left homeless after forced eviction

A Dey Krahorm resident carries away bedding as she passes red-clad hired hands from developer and property owner 7NG. In the foreground is a potrait of King Father Norodom Sihanouk, who in the 1960s pushed for construction of middle-class housing and shared public space, including the adjacent Bassac apartments, for which the Dey Krahorm land formerly served as a park. (Photo by: Heng Chivoan)

Amnesty International
PRESS RELEASE
January, 26 2009

The Cambodian authorities must stop denying people the right to housing and ensure adequate compensation and restitution for over 150 poor urban families who were forcibly evicted from central Phnom Penh at the weekend, Amnesty International said today.

Cambodian security forces and demolition workers forcibly evicted 152 families from Dey Kraham community in the early hours of 24 January 2009, leaving the vast majority of them homeless. At around 3 am, an estimated 250 police, military police and workers hired by the company claiming to own the land blocked access to the community before dispersing the population with tear gas and threats of violence. At 6 am excavators moved in and levelled the village. Some of the families were not able to retrieve belongings from their homes before the demolition. Officials from Phnom Penh municipality were present during the destruction.

“The most urgent task now is for the government to immediately address the humanitarian needs of these people, who have lost their homes and face imminent food and water shortages,” said Brittis Edman, Cambodia researcher. “They will also need assistance for a long time to come.”

Cambodia is a state party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and has an obligation to protect the population against forced evictions. Saturday’s events show all too clearly how little respect Cambodian authorities have for these requirements.

The Phnom Penh municipality has provided less than 30 of the 152 families with shelter at a designated resettlement site at Cham Chao commune in Dangkor district, some 16 kilometres from the city centre. Most of the other structures at the site are still under construction and lack roofs. There is no clean water, no electricity, sewage or basic services. Earlier, most of the affected community rejected being resettled there because it was too far from Phnom Penh, where they work, mostly as street vendors.

Since the forced eviction, the Dey Kraham community has been told that the company, which has allegedly purchased the land, has withdrawn earlier offers of compensation, leaving families who have been living in uncertainty and insecurity for more than two years, now faced with rebuilding their lives with nothing.

Local authority representatives sold the land to the company, 7NG, in 2005 without the knowledge, participation or consultation with the affected community. Some 300 families were coerced into moving amid threats, harassment and intimidation, while 152 families continued to dispute the validity of the sale and refused to give up the land without compensation.

Just over a week before the forced eviction, the affected community told the authorities and the company that they were willing to move if they received adequate compensation for the land, where many of them have lived, uncontested, for decades and to which they have strong claims under the 2001 Land Law. The company then increased the offer of compensation, but the two sides had not yet reached an agreement.

“It is an outrage that the Cambodian authorities went ahead with the forced eviction, when progress was being made towards a mutual settlement. Now hundreds of children, women and men are left homeless”, said Edman.

Background
Forced evictions are one of the most widespread human rights violations in Cambodia, and those affected are almost exclusively marginalised people living in poverty, in both urban and rural areas. In 2008, at least 27 forced evictions affecting over 20,000 people were reported in the media and by local organisations.

Hundreds of land activists are facing spurious charges, and dozens have been imprisoned, as the rich and powerful are increasingly abusing the criminal justice system to acquire land and evict those living there. At least nine community representatives from Dey Kraham have been charged for criminal offences as a result of their peaceful defence of their right to housing.

As a state party to the International Covenant on Economic, Social and Cultural Rights Cambodia is obliged to ensure, before any planned evictions, that all alternatives are explored in consultation with those affected by the eviction. Evictions may only occur in accordance with the law and in conformity with international standards, including genuine consultation with those affected; adequate notice and information on the proposed eviction; and provisions of legal remedies for those affected. Evictions may only occur if they do not render individuals homeless or vulnerable to the violation of other human rights.

In May 2009, the Committee Economic, Social and Cultural Rights will consider Cambodia’s first and considerably delayed report on its compliance with the treaty.

The grand theft of Dey Krahorm

Tuesday, 27 January 2009
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.

Dey Krahorm: Sit-in in front of the National Assembly

Chan Vichet (standing) with former Dey Krahorm residents held a sit-in in front of the National Assembly (Photo: DR, Cambodge Soir Hebdo)

26 Jan 2009
By Kang Kallyann and Adrien Le Gal
Cambodge Soir Hebdo
Translated from French by Tola Ek
Click here to read the article in French

"This is worst than under the Khmer Rouge! At least, when the Khmer Rouge evicted people, they didn’t destroy their homes” - Srey Vann, evicted resident from Dey Krahorm

Chan Vichet, representative of the residents, did not obtain satisfaction from the city hall which claimed that the forced eviction of the residents voids the $20,000 compensation offer promised earlier for each family.

About 50 people evicted from Dey Krahorm slum on Saturday 24 January have gathered in front of the National Assembly on Monday 26 January.

Chan Vichet, the representative of the former residents of Dey Krahorm, explained: “We met with the city hall this morning. But, they don’t seem to be interested in our fate. The authorities only promised housing in Phnom Penh for blind musicians Kong Nay and Neth Pé who were also evicted. This is unfair because we are all facing difficult circumstances, and the city hall is trying to divide us further.”

Chan Vichet who were not present in Dey Krahorm during the forced eviction, told “Cambodge Soir Hebdo” that he was in hiding since Friday 11PM, for fear of being arrested just like 8 other activists did.

According to Chan Vichet, the authority and the 7NG company withdrew their $20,000 indemnification offer for each family, an amount planned for the case the residents accept to vacate the area voluntarily. For the time being, only a relocation offer at Damnak Trayoeung, located 16 km from Phnom Penh, is on the table.

Furthermore, only 91 families are eligible for relocation, whereas 152 families were evicted from the spot, Chan Vichet indicated.

During the night of Sunday to Monday, several of the former residents slept along the quay, while others stayed at the Licadho office building.

“I was not able to take out my belonging,” 22-year-old Srey Vann said in front of the National Assembly. “What I tried to take out was destroyed by flame throwing guns. At that moment, my mother passed out and she injured herself on her head. This is worst than under the Khmer Rouge! At least, when the Khmer Rouge evicted people, they didn’t destroy their homes.”

63-year-old Vong An returned back from Damnak Trayoeung where she was dumped after the eviction. “Over there, it is not built for human beings, there are feces everywhere. If I can get some money, I will give it to my daughter and my grandchildren, as for me, I will live and sleep in a pagoda. I don’t want them to live in Damnak Trayoeung.”

“I spent 10,000 riels ($2,50) to return back from there … Tonight, maybe, I will sleep in front of the National Assembly, I don’t have enough money to return to Damnak Trayoeung.”

By the end of Monday afternoon, bulldozers have completed leveling down Dey Krahorm and removing rubble from the eviction.

We have no home, say evictees

In her makeshift home at the relocation site, Srey Na, 12, holds an English textbook for a class in the city she says she can no longer attend. (Photo by: TRACEY SHELTON)

Monday, 26 January 2009
Written by Brendan Brady AND Chhay Channyda
The Phnom Penh Post

Residents and rights groups bemoan worsening situation for former Dey Krahorm residents

ONLY 27 families among the scores evicted from Dey Krahorm Saturday morning have so far been assigned homes at the Damnak Trayoeng relocation site built by private developer 7NG, while hundreds of other residents trucked out to the village are squatting in fields without access to clean water or electricity, many told the Post.

"Even the homes that have been assigned have no water, no toilets," said Kim Ratana, deputy director of the aid group Caritas.

Beginning 6am Saturday, more than 300 workers hired by 7NG used hands, hammers and bulldozers to demolish the mostly wood and tin homes left in Phnom Penh's Dey Krahorm slum community.

The last families evicted had still not agreed to compensation, arguing the cash was insufficient and the relocation homes were too far from their livelihoods in the city.

While 7NG said around 80 families had remained in Dey Krahorm until the eviction, rights groups have put the number at closer to 150.

"I collapsed in tears when I saw my house trampled by a bulldozer," said 33-year-old Sin Mao, adding she had a land title. "When they drove us to the relocation site, they said they would resolve everything, but we've received nothing so far. We're just living on the street."

While most of the evictees were shuttled to the relocation site by 7NG trucks, some 30 families refused to go there and instead are living in the Phnom Penh office of local rights group Licadho, which is providing legal assistance to evictees during compensation negotiations.

Dul Chanta, 51, who is staying at Licadho's office, fainted Saturday after watching a bulldozer demolish her home, and was later hospitalised from exposure to tear gas, which several said was used by some of the 200 police presiding over the eviction in response to residents throwing stones.

She said she lost most of her possessions, having had only 10 minutes from the time she saw workers and police outside her home to the moment bulldozers rolled over it.

She said authorities chose the weekend to evict the remaining residents as there would be fewer bystanders in the area.

Dul Chanta had asked for US$50,000 in compensation but was now willing to settle for $25,000, she said.

Srey Sothea, the 7NG chairman, reiterated Sunday that offers of cash compensation had been discontinued following Saturday's eviction. He rejected claims by residents that the stationing of police around the complex during the night was a move designed to seal the area off from the media and possible intervention by rights groups.

He also said residents had received fair warning.

"We told them about it the night before the removal. We told them to prepare their belongings, but they did not believe us," he said.

Municipal Police Chief Touch Naruth declined to comment Sunday, and he referred questions to Phnom Penh Deputy Governor Mann Chhoeun, who could not be reached.

David Pred, director of Bridges Across Borders Southeast Asia, said that by retracting cash payouts as an option, the developer was breaking past promises.

"Mann Choeun has stated at two press conferences - at the Cambodian Press Club on January 13 and again Saturday - that the residents would still be able to choose between cash compensation or a flat at the relocation site even after the eviction," he said, adding that even cash payouts would not provide just compensation.

"The families who do have valid legal claims to the land were under no legal obligation to accept the company's compensation offer," Pred said. "They had every right to reject it and remain on their land and in their homes. If the company wants the land, they need to offer the homeowners a price that they were willing to accept."

An estimated 800 to 1,400 residents lived in Dey Krahorm before old community leaders signed a contract with 7NG in 2005, giving the company the 3.6-hectare property in return for building relocation houses in Damnak Trayoeng village. Land rights groups have challenged the legality of the original contract and accused city officials and 7NG of using intimidation to force residents to accept compensation deals.

Relocation site insufficient

Rights advocates providing relief food and medical services at the relocation site said the area is woefully unprepared to absorb the evictees.

Thun Saray, president of rights group Adhoc, said that Dey Krahorm residents' ongoing complaints against the relocation site were valid.

"If they move far from the city, there are no jobs or schools. It's not just the house, it's about their ability to carry on with everyday life," he said.

Pred said that for residents the move "would constitute a complete disruption of every aspect of their lives ... and would almost certainly result in deeper impoverishment".

Kim Ratana said the isolation would be especially dire for the more than 30 evictees with HIV as well as others suffering from tuberculosis and other serious diseases who require access to free treatment centres in the city.

Manfred Homung, a legal consultant with Licadho, said the combination of injuries and loss of possessions endured during the eviction and imminent food and water shortages at the relocation site could prove intolerable.

He said the relocation site's resources are being stretched by renters and market vendors evicted from Dey Krahorm, who have never been eligible for compensation under the scheme devised by the municipality and private developer.

A second forced removal by authorities was imminent, he said, once hundreds of homeless are left there after 7NG decides it has compensated all the families it needs to.

The developer revealed Sunday a rough outline of its plans for Dey Krahorm.

Chairman Srey Sothea said it would be "transformed" into a space for a park, office buildings and trade centre.

He added his company was interested in acquiring the Bassac apartment buildings adjacent to Dey Krahorm but expected they would carry a steep price tag. It would likely be a tough showdown with other developers who are "also interested in developing this building", he said.

ADDITIONAL REPORTING BY MAY TITTHARA