Companies Sign Up To Protect Human Rights

Ros Sothea, VOA Khmer
Phnom Penh Friday, 18 June 2010

“There are consistent human rights abuses perpetrated by some business people because, firstly, they want to make more profit to enlarge their business and, secondly, because of a biased court and corruption in society, which forces them into taking part in the violation of human rights.”

At least 25 businesses last week signed an agreement of principle to ensure that their companies don’t violate the rights of workers or the public.

The agreement was signed during the first-ever meeting between the private sector, civil society, diplomats and government officials that was aimed at promoting human rights in business.

The agreement contained principles prepared by the Cambodian Center for Human Rights and urges signatories to promote rights and an adequate standard of living for workers and to eliminate discrimination. It encourages employees to form and join unions and exercise rights of collective bargaining.

Ou Virak, president of the Center for Human Rights, said abuses occur across Cambodia’s industries, from commercial enterprises to real estate, construction, garments and tourism.

Companies withhold salaries, force long hours or illegally fire workers, he said. In some cases, companies use state security forces to push people from land to be used by their businesses.

“There are consistent human rights abuses perpetrated by some business people because, firstly, they want to make more profit to enlarge their business and, secondly, because of a biased court and corruption in society, which forces them into taking part in the violation of human rights,” he said.

Companies willing to sign the rights agreement included business associations, construction and transportation companies, tourism agencies and private schools.

“If our staff is happy to work for us, they will take good care of their responsibilities, so it benefits both sides,” said Quach Mengly, president of the American Intercon Institution, who was among the signatories. “If we respect their rights, it will motivate them to provide a good service, but if we don’t, we won’t get any result.”

Some companies said they were considering the measure, while others said they did not need to sign an agreement in order to respect the rights of workers.

In Channy, president of Acleda Bank, said he didn’t sign the agreement because his bank has maintained principles of human rights for many years. However, he said he did support the initiative.

Absent from last week’s signing were representatives from major garment factories or real estate companies—those who typically face protests from workers or residents.

In principle, Cambodia’s labor law incorporates principles of human rights, including eight-hour workdays, proper salary, a healthy working environment and respect for contracts.

In reality, rights groups have documented work environments that stifle worker rights to assembly and land rights for residents facing evictions under developments.

“The government must act as an arbitrator,” said Thun Saray, president of the rights group Adhoc. “But the arbitrators in our society usually stand by the companies in order to receive some benefits. As a result, companies don’t care much about worker salaries and working conditions, like in other countries. Other countries will punish those companies, or shut those companies down, but that never happens in our country.”

Britain Ambassador Andrew Mace, who attended last week’s signing, said it was timely to discuss human rights and business as beneficial to all.

“A democratic society in which the rights of the community and individual are respected helps to grow markets,” he said. “The stability of the rights respected creates in businesses confidence to invest. The free exchange of ideas in society creates intellectual capital on which businesses can draw to innovate and improve their competitiveness. Lack of respect for rights, on the other hand, creates conflict that can seriously impact the profitability and sustainability of the businesses.”

Mace said to promote human rights, the country needs to eliminate corruption in state institutions and increase confidence in the courts.

Government officials, meanwhile, say they are working to improve human rights.

Por Pheak, director of the Ministry of Interior’s international relations department, said the ministry has a good governance project that began in 2009 and will run through 2013 in an attempt to strengthen transparency and reduce corruption in the private sector.

It's OK for court corruption to affect somebody else, but not OK when it affects a CPP lawmaker?

Lawmaker Files Conduct Complaint Against Court Clerk

Sok Khemara, VOA Khmer
Washington DC Wednesday, 16 June 2010

"The case for Mr. Huor that I submitted to the Justice Ministry is to scrutinize his discipline as a clerk, [because he] works as a lawyer but in some work acts as a negotiator also."

A ruling party parliamentarian has lodged a complaint with the Ministry of Justice over alleged impropriety by a clerk of Phnom Penh Municipal Court in a $1 million business complaint.

According to documents obtained by VOA Khmer, Cambodian People’s Party lawmaker Chea Chamroeun alleges that court clerk Hong Bun Huor sought to act as a middleman for a defendant in a complaint filed through the court.

Hong Bun Huor has denied the allegations and has already appeared before the Ministry of Justice’s inspectorate, which is now awaiting further evidence from the lawmaker.

According to the complaint, Hong Bun Huor sought to act as an intermediary for Ung Rithea, a Phnom Penh businesswoman that Chea Chamroeun sued last month for $1 million.

Ung Rithea is currently in jail and awaiting trial of fraud charges related to the case.

However, Chea Chamroeun claims that prior to her arrest and before the complaint moved to the prosecutor’s office, Hong Bun Huor proposed that he accept a lesser, undisclosed amount or face problems moving his case through the court, according to the complaint.

Reached by VOA Khmer Tuesday, Chea Chamroeun declined to discuss the case in detail, but he did confirm filing the complaint.

“The case for Mr. Huor that I submitted to the Justice Ministry is to scrutinize his discipline as a clerk, [because he] works as a lawyer but in some work acts as a negotiator also,” Chea Chamroeun said. “So it’s unlawful.”

Hong Bun Huor was not immediately available for comment, but a justice official told VOA Khmer he has already appeared before the ministry’s inspector general and denied the claims.

“There is no evidence that would lead to disciplining the clerk, and the inspector general’s office will ask [Chea Chamroeun] to show evidence before the clerk can be reprimanded,” the official said, speaking on condition of anonymity.

Cambodia’s courts have faced ongoing criticism for widespread corruption and political bias, even as the government has promised reform.

Tear Gas and Gunfire During Latest Violent Eviction In Cambodia's Capital

Military Police officers supervising the destruction of 23 houses in Russey Keo district, Phnom Penh (Photos: Licadho)
An Intervention Police officer at latest Russey Keo's eviction site armed with tear gas gun

February 28, 2008
Licadho

Early on the morning of 22 February, 2008, more than 100 heavily-armed military police, intervention police and district police officers violently and forcibly evicted 23 households in Banla S'et village, Khmuonh commune, Russey Keo district, Phnom Penh. As a result, four villagers were injured and eight were detained, leaving behind a dismantled community with nowhere to go.

The eviction was carried out less than 24 hours after the community received notice of eviction. Military and police forces arrived shortly after 7.30am, and less than five minutes later, fired two tear gas canisters at residents while simultaneously shooting dozens of AK-47 bullets into the air, in a blatant attempt to intimidate and force the community to leave. Many bullets were also fired directly at a nearby vehicle, which subsequently exploded.

Authorities then used two mechanical excavators to quickly tear down the community's 23 concrete and wooden houses. A small number of families were allowed to enter their homes to collect their belongings before they were demolished. None of the affected families have been given compensation for the loss of their houses and possessions, nor have they been provided with alternative housing.

During the incident, four villagers were injured from beatings by the police, including one woman who sustained a serious head injury. A further eight people were detained by the authorities. Following negotiations by NGOs at the scene, four detainees were released later that day, and the remaining four were released the following day.

All 23 families maintain that they built their houses and settled their community around 1994 and have been living peacefully on the site since then. Local authorities have recognised their occupation of the land and granted family books and other relevant documents. In 2005, two businessmen claimed ownership of the land and went to court seeking the residents' eviction. Eventually, the Supreme Court upheld the businessmen's claim and decided to authorise the eviction.

Unlawful use of weapons

Despite the Supreme Court's authorization, this was an illegal forced eviction because of the excessive use of force, the lack of compensation paid in advance to the victims for their demolished homes and belongings, and the fact that they have been rendered homeless. Each of these acts is a violation of international law.

The excessive use of force by the authorities, and in particular the dozens of bullets fired by them, violated Cambodian and international law1. The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that "Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result." In this eviction, the police and military police involved did not attempt to use non-violent means before resorting to the shooting of bullets and tear gas.

This eviction is just one of many in Cambodia in recent years in which excessive violence is used, sometimes with deadly consequences.

"The deaths of two unarmed civilians during a brutal eviction in Preah Vihear province in November 2007 shows what can happen in these situations," said Naly Pilorge, director of LICADHO. "Unless the government wants the same thing to happen again, in other provinces and in the middle of Phnom Penh, it needs to radically change the way that it deals with land disputes."

LICADHO reiterates its call for the Royal Government of Cambodia to immediately impose a moratorium on all involuntary evictions until a legal framework that respects human rights is in place. LICADHO also calls for the Royal Government of Cambodia to stop denying that forced evictions are occurring in Cambodia – when cases such as the one in Banla S'et village show they clearly are – and instead to take concrete actions to address these human rights violations.

(1) UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990. Cambodian law (Art. 6, Provisions related to the Judiciary and Criminal Law and Procedure Applicable in Cambodia During the Transitional Period) states that " police shall observe the Code of Conduct for Law Enforcement Officials and, to the extent possible, Basic Principles on the Use of Force and Firearms by Law Enforcement Officials".

Hun Sen has no choice but to throw away the Appeal Court decision in favor of a land-grabber robbing land belonging to Hun Sen Ang Snuol high school

Hun Sen’s reaction to the Appeal Court decision that a school will lose its land

Tuesday, February 05, 2008
Koh Santepheap newspaper
Translated from Khmer by Socheata

Prime minister Hun Sen issued strong reaction against the Appeal Court decision to hand over the land belonging to the Hun Sen Ang Snuol high school - which owns the property title to the land – to a private party.

Hun Sen’s reaction came in the morning of 04 February, during his inauguration of the Hun Sen Bat Doeung high school, located in Ksem Ksan commune, Uddong district, Kampong Speu province. Hun Sen said that this case is very shameful for our nation. Villagers from two villages gave up their lands to build the high school in the 80s, how can a person living in Tuol Kok (Phnom Penh city) who does not even live in the high school area, but who owns a receipt can win this case instead? The case was sent to the Supreme Court, the Supreme Court asked the Appeal Court to decide on the case one more time, and the Appeal Court decided for the high school loss in this case again.

Hun Sen asked what does the court base this case on? The land title of high school is registered under the name of the Ministry of Education, how could the court make such decision? Hun Sen ordered the minister of Justice to review this case again, and all the land administration officials, the district governor, and the provincial governor must travel to the spot to measure the lands and build a fence for the villagers, and that the court decision should be disregarded. All these officials work for the government, and the prime minister has the right to cancel a faulty decision made by a lower branch of the government.

Hun Sen also criticized the judge for not thinking about public interest, and he said that there are many other cases like this one. He said that if (the judge) is knowledgeable, he must be such that he earn respect from people, but if he is dumb, he should be such that people have pity of him, but instead, the judge is providing such decision instead.

Hun Sen told Mrs. Prak Sakhorn (the private party who claimed ownership of the land), that it would be better for her to pull out her complaint in this case. Hun Sen said that, at any cost, he has to take this action, and that he is not violating the court rights, but that the court is violating the administration. He said that there is no need for the teachers to bring their complaints to the court in this case, the authority will be the suing party this time.

Students and teachers of the Hun Sen Ang Snuol high school have gathered to march in protest against the court decision to hand over the land belonging to the high school to a private party (Mrs. Prak Sakhorn) to turn into a private property. The teachers and the students asked Hun Sen to provide justice for them on 24 January regarding this dispute. The demonstration took place in front of the Hun Sen Ang Snuol high school which is located along National Road No. 4, in Monorom village, Bek Chan commune, Ang Snuol district, Kandal province.

More than 2,200 students participated in the demonstration led by 135 teachers. The demonstration marchers held slogan banners, and they had a loudspeaker shouting their slogans during the demonstration. The marchers came out of the high school and went in to stand on the disputed lands, but they did not cause any traffic jam, nor did any violence occur.

A teacher said that the land-grabber took away a plot of land measuring 30-meter-by-22.4-meter, or 672-square-meter. The land title bears the name of Prak Sakhorn, a woman living in Village No. 3, Boeung Kak 1 commune, Tuol Kok district, Phnom Pengh city. She shamelessly grabbed the school land.

Rights Groups Call for Release of 38 Villagers in Land Grab Cases

Chun Sakada, VOA Khmer
Original report from Phnom Penh
07 November 2007

Rights groups and other civic organizations made a joint call Wednesday for the release of at least 38 villagers detained following various land disputes across the country.

A forum of rights groups found 121 people were jailed for land disputes in 2007; of those, 38 are still in detention.

Adhoc Director Thun Saray said at a press conference Wednesday that some provincial and municipal courts made civil land disputes into criminal cases in order to jail, demoralize and threaten people into not protesting land grabs or human rights abuses.

"We, civil society, are concerned the arrests were not done according to procedural law, and they affected human rights severely," he said. "We request a speedy release of those imprisoned, because the real number could be more than the current statistics we have, which is 38 people."

Tith Bunchoeurn, a victim of a land grab who was subsequently imprisoned, said he and his siblings were arrested and threatened after they protested the alleged theft of their land.

Authorities "also threatened us not to protest against them, and if we did, they would jail us again," he said.

Government spokesman Khieu Kanharith declined to comment, saying each land grab case had unique characteristics.

Another empty warning from Hun Sen: All public lands will be confiscated back

Hun Sen to land dealers and court: All public lands will be confiscated back

Tuesday, July 3, 2007
Rasmei Kampuchea newspaper
Translated from Khmer by Socheata

Prime Minister Hun Sen warned groups of land dealers and court officials against using tricks to legally grab public lands belonging to the state. Hun Sen warned that regardless who the court decides to make a winner or a loser, state public lands will belong to the state and they cannot be turned into private properties.

Hun Sen made this declaration on 01 July during a ceremony for releasing fish hatchings in Takeo province. His speech was mainly aimed at the land filling operations of lakes and watersheds which belong to the state, and turning the landfill area into legal private properties of the rich and powerful. These operations are being perpetrated in almost every provinces and municipalities in the country, and they not only take away state lands, but they also destroy watersheds and fish hatching areas.

Hun Sen cited that the case of the Boeng Pong Peay lake in Phnom Penh where land dealers are currently filling in the lake, and in doing so, two of the dealers fought one another, then they brought their cases to the court which must decide on the legality of the occupation of public state lands.

Hun Sen said that the government will preserve the 157-hectare of Boeng Pong Peay lake as a state public property. As such, no one can touch it, unless the state has a plan of action, and in this latter case, the government will issue a sub-decree allowing the authorization of the actions to be taken.

Hun Sen raised the fact that recently some people have used a new “style” (method) whereby they purchased lands on the Boeng Pong Peay lake, then they start filling in the lake, after that they act as if they were disputing one another. Finally (the case is brought to court), and it has to provide a legal decision as to who is the winner and who is the loser. Hun Sen said: “Regardless of who wins or loses, the state will confiscate all the lands back,” because they belong to the state. Hun Sen warned that “attention must be paid to this problem everywhere, and all provinces and municipalities are responsible in the protection of public lands, and that they must be careful.”

Hun Sen then addressed Ang Vong Vattana, the minister of justice who was also present during the speech, by telling him to direct the courts in all provinces and municipalities not to play this kind of trick, because regardless of the court decision, the government will reject these decisions since these lands are public properties, and to turn the winner of a court decision into the owner of state lands cannot be accepted.

Hun Sen said that there is nothing difficult about it, all they had to do was to pretend a dispute, then complaint to the court, which then renders its judgment, and in some instances, police officers were even sent to apply the court judgment by taking the land and giving it the person who wins the court case. Hun Sen said that if this style is in use in Phnom Penh, it will be put to use in other places as well. Therefore, the ministry of justice must direct the court on this issue.

Hun Sen declared that his speech is important, and the court must listen to his speech, and the provincial and municipal authorities must provide a good protection of lakes and watersheds which are state public properties, and they must dredge the bottom of the watersheds to provide a deeper bottom where fish hatching can be released into.