Saturday, February 10, 2007

Army used to guard CPP Tycoon-Senator Ly Yong Phat's land grabbed from poor villagers

Military personnel protecting the land given to a ruling party senator by the government

Published on February 8, 2007
Cambodian military police mobilised to protect land concession of ruling party Senator

Licadho

Many of the 250 families of Chi Khor Leu commue, Sre Ambel district in Koh Kong province have been living on their land since 1979 however their quiet existence on the land came to an abrupt end in May 2006. Since then the villagers have been fighting an uphill battle to save their land. They have petitioned the local authorities, faced bulldozers, excavators and armed military police, have been shot at and they even tried to petition the National Assembly. This week the villagers took their case to the courts.

Trouble began in the commune on 22 May 2006 when demolition workers with bulldozers and excavators, accompanied by armed police including military police, moved into three villages in the commune (Chhouk, Trapaing Kandorl and Chi Kor). The demolition workers cleared and flattened villagers' land, destroying rice fields and fruit plantations. The demolition was commissioned by the Agriculture Duty Free Shop Development Company (later known as the Sugar Industry Company Ltd) and the Koh Kong Plantation Company, which were readying the land for commercial sugar cane production. Both companies are owned by Mr Ly Yong Phat, a wealthy businessman and a Cambodian's People Party (CPP) member in the Senate.

During the following months the villagers made numerous protests and complaints to local authorities to challenge the companies' right to their land, but got no response and no resolution. On 31 July 2006 about 160 villagers made the 280km long journey to Phnom Penh, to petition the National Assembly to intervene in their case. The Koh Kong provincial governor addressed the villagers and asked them to return home, giving assurances that the dispute would be resolved. To this day the villagers have been given no resolution.

Confrontation with the military police

On 19 September 2006, the dispute came to a bloody climax when Ly Yong Phat's companies attempted to forcibly evict the villagers from the land. Military police and national police officers armed with rifles accompanied a demolition crew to clear the land. As the villagers tried to resist the eviction, the police fired their guns into the ground and assaulted the villagers. One woman was shot in the foot and another man in the arm. Five other villagers were reportedly injured during the incident.

The raid occurred without a court eviction order and despite the fact that the villagers have legitimate claims to ownership of their land under the Land Law. Furthermore, the involvement in the eviction of military police – who are restricted by law to dealing with crimes related to military matters – was unlawful.

It appeared that Ly Yong Phat used his position and influence as a Senator to orchestrate the apparent extra-judicial eviction and the misuse of military police to deal with a non-military affair.

Ongoing violence and intimidation of villagers

On 15 December 2006, Mr An In (35) who had been actively protesting the land concession was found murdered, his body bearing multiple axe wounds and dumped inside the village. The police say the death was related to a personal matter, and not the land dispute. However, there are indications that the police – in an apparent attempt to use the death to frighten villagers' into giving up their land – seek to falsely blame the killing on one of the leaders of the villagers' campaign to keep their land.

Mr Sin Chhuon, a village representative, was summoned on 13 January 2007 by the Deputy Provincial Police Commissioner to answer questions in relation to the land dispute. Around 100 other villagers chose to join Sin Chhoun, deciding to file a complaint in relation to the increasing encroachment on their land by Ly Yong Phat's companies. However before they could reach the office of the Deputy Commissioner, military police seized control of the ferry in which the villagers were traveling in and turned it around.


Bulldozers were used to clear villagers' traditional farming lands

Legal battle over land concession

In early August 2006 – three months after attempts to forcibly clear the villagers' land began – the government awarded both of Ly Yong Phat's companies with land concessions of 10,000 hectares each in the disputed area. It appears that two concessions were awarded, rather than just one, in order to circumvent the Land Law (Article 59) which restricts land concessions to a maximum of 10,000 hectares. The land concessions were awarded without prior consultation with the villagers, and without any provision for proper compensation to be given to them. In addition, the boundaries of the concessions were not made clear. The villagers understandably refused to surrender their land.

On 7 February 2007, representatives from local NGOs LICADHO, CLEC and CCHR accompanied a group of villagers to the Koh Kong Municipal Court to file a complaint regarding the land dispute. The complaint calls for an end to the land concession and demands compensation for the destruction of villagers' property – including destroyed crops and several cows killed by guards employed by Ly Yong Phat's companies.

That same day Ly Yong Phat traveled to Chi Kor village to negotiate with the villagers' representative, Sin Chhuon, and offered to provide alternative land to the villagers. His offer was declined.

LICADHO is deeply concerned by the authorities handling of this case, including the use of military police to evict, assault and intimidate civilians, at the behest of companies owned by a CPP senator. This apparent abuse of power is unacceptable and illegal. LICADHO urges the Government and the National Cadastral Commission to ensure that the people of Chi Khor Leu are permitted to remain on their land and are protected from any further violence and intimidation. Furthermore, LICADHO urges the government to declare a moratorium on evictions until it adopts comprehensives policies on housing, land tenure, and dispute resolution which truly protect the rights of Cambodia's poor.

5 comments:

Anonymous said...

This is how fake democracy works for the innocent Khmer. The people chose their leader not to work for them but to kill them. Whoever dares to stand up against any powerful official, he/she will be shot at. The leader can use the military personnel who receive the people or public money to protect their own, private interest. How abusive! That's sick!

Anonymous said...

These militaries personal do not want to be human being but want to dogs of Ly Yong Phat. What a shame to National military of Cambodia !!!!

Anonymous said...

Cambodia is famous of GAMBLING SENATORS AND DRUGS TRAFFICKING SENATORS!!!

Anonymous said...

These Khmer on the internet get their news and information from a site run by politically motivated people. No wonder they always talk outside reality.

Anonymous said...

How can you be sured that only LYP is bad??? Look at yourself before saying others