Dear friends,
The Asian Human Rights Commission (AHRC) has learned that Mr. Ket Bun Thann, chief of Pou Teut village has sold 400 hectares which is under a collective ownership of a Phnong indigenous community of 56 families in Pou Teut village, Bou Sra commune, Pich Chenda District, Mondolkiri province, in the northeastern region of Cambodia to a company named Khov Chea Ly. An unnamed French company is associated with Khov Chea Ly. Both companies have allegedly grabbed that land for a rubber plantation. The village chief’s act violates the Land Law 2001 of Cambodia that grants the collective ownership of immovable properties of indigenous communities but does not allow the community to dispose of any collective ownership that is state public property to any person or group. Please also see a similar case of violating the indigenous land rights that took place in Kok commune, Bokeo district, Ratanakiri province: UA-382-2006.
CASE DETAILS:
According to the three representatives of the affected 56 families namely Mr. Chhor Pev (47), Mr. Phar Krak (29) and Ms Khlap Noeu (40), Mr. Ket Bun Thann had convened three meetings with the villagers. At each and every meeting Ket Bun Thann has always coerced the villagers to give up their land to the Khov Chea Ly company. At the last meeting held at his house in the evening of 17 January 2007, he told the 40 villagers attended that company would have the land all the same, regardless of whether they agreed to give it up or not. The villagers complained to higher authorities in their district but these authorities did not even bother to receive their complaint. They have since been threatened and intimidated. Mr. Ket Bun Thann has even threatened to kill anyone who dares to file any complaint against the sale of that land. Worse still the Khov Chea Ly company has allegedly hired workers to clear the land in early January 2007 and those families have since been barred from cultivating their land.
The AHRC has further learned that the indigenous people in that part of Cambodia have from time immemorial practised the slash and burn or shifting cultivation, clearing a plot of land in the forests to cultivate for a couple of years, and then abandon it to regain its fertility and move on to another plot. They need vast areas of self-regenerating forests not only for the cultivation of their crop but also for meat from wild animals and for forest by-products to sustain their livelihood. Those 56 families will face starvation if deprived of their land. They simply want to have it back.
Actually, according to Article 26 of the Land Law of 2001, no authorities can dispose of such a collective ownership to any person or group, and this ownership is a state public property. In this particular case neither villager chief Ket Bun Thann nor any other authorities have any right to sell that 400-hectare land or award it as a concession to Khov Chea Ly company.
The AHRC urges the Cambodian government to bring village chief Ket Bun Thann and the owner of the Khov Chea company to justice for their infringement against this particular collective ownership of an indigenous community pursuant to Article 259 of the Land Law of 2001, which says that any perpetrator of such infringement shall be fined from five to fifty million Riel (USD 1,286 to 12,860) and/or imprisoned from one year to five years, and shall have to vacate that property immediately.
SUGGESTION ACTION:
Please write to the Cambodian government to intervene to return without any delay that 400-hectare land to those 56 indigenous families and bring village chief Ket Bun Thann and the owner of Khov Chea Ly company to court.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
CAMBODIA: One village chief illegally sells indigenous people’s land to a private company in Mondolkiri province
Persons affected: 56 indigenous families in Pou Teut village, Bou Sra commune, Pich Chenda District, Mondolkiri province, Cambodia
Alleged perpetrators:
1. Mr. Ket Bun Thann, Chief of Pou Teut village
2. The owner of the company named Khov Chea Ly
Location: 400 hectares which is under a collective ownership of a Phnong indigenous community of 56 families in Pou Teut village
I have learned that Ket Bun Thann, chief of Pou Teut village, has sold 400 hectares which is under a collective ownership of a Phnong indigenous community of 56 families in Pou Teut village, Bou Sra commune, Pich Chenda District, Mondolkiri province, in the northeastern region of Cambodia.to a company named Khov Chea Ly. An unnamed French company is associated with Khov Chea Ly company. Both companies have grabbed that land for a rubber plantation.
I have also been informed that Ket Bun Thann has convened three meetings with those villagers. At each and every meeting Ket Bun Thann has always coerced those villagers to give up their land to Khov Chea Ly company. At the latest meeting held at his house in the evening of 17 January 2007, he told the 40 villagers present that that company would have the land all the same regardless whether those 56 families agreed to give it up or not. I’m quite dismayed to learn that, when those villagers complained to higher authorities in their district, these authorities did not even bother to receive their complaint. Those villagers have since received threat and intimidation. Ket Bun Thann has even threatened to kill anyone who dares file any complaint against the sale of that land. Worse still Khov Chea Ly company has already hired workers to clear the land in early January 2007 and those families have been since barred from cultivating it.
I know that the indigenous people in that part of Cambodia have from time immemorial practised the slash and burn cultivation, clearing a plot of land in the forests to cultivate for a couple of years, and then abandon it to regain its fertility and move on to another plot. They therefore need vast areas of self-regenerating forests not only for the cultivation of their crop but for meat from wild animals and for forest by-products to sustain their livelihood. Those 56 families will face starvation if deprived of their land. They want nothing else but their land bak.
I have learned that, according to Article 26 of the Cambodian Land Law of 2001, no authorities can dispose of such a collective ownership to any person or group and this ownership is a state public property. In this particular case neither village chief Ket Bun Thann nor any other authorities have any right to sell that 400-hectare land or award it as a concession to Khov Chea Ly company.
Furthermore, Article 11(1) of the International Covenant for Economic, Social and Cultural Rights (ICESCR), to which Cambodia is a state party, states that “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions”.
I therefore urge you to take action in order to bring the owner of Khov Chea company and the village chief Ket Bun Thann to court for their infringement against this particular collective ownership of an indigenous community pursuant to Article 259 of the Land Law of 2001. According to this article, any perpetrator of such infringement shall be fined from five to fifty million Riel (USD 1,286 to 12,860) and/or imprisoned from one year to five years, and shall have to vacate that property immediately.
I look to you to take immediate action in this particular case.
Yours sincerely,
——————
PLEASE SEND YOUR LETTER TO:
1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
Cambodia
Tel: +855-23-21 98 98
Fax: +855-23-36 06 66
E-mail: cabinet1b@camnet.com.kh
2. Mr. Samdech Chea Sim
Senate president
Chamcar Mon State Palace
Pheah Norodom Blvd
Phnom Penh
Cambodia
Tel: +855-23-21 1441-3
Fax: +855-23-21 1446
Email: info@senate.gov.kh
3. Mr. Samdech Heng Samrin
President of National Assembly
Sothearos Street
Phnom Penh
Cambodia
Tel: +855-23-21 41 36/21 77 68
Fax: +855-23-21 7769
4. Mr. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
Tel: +855 12 970 608
Fax: +855 23 881 045
E-mail: info@pressocm.gov.kh
5. Mr. Eng Chhai Eang
Member of Parliament
Vice President of the National Land Dispute Authority
# 71 Sothearos Blvd, Sangkat Tonle Basac,
Khan Chamcar Morn
Phnom Penh
Cambodia
Tel: +855 12 73 1111
Fax: +855 23 211 336
Email: srphq@online.com.kh
6. Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
275 Norodom Blvd.
Phnom Penh
Cambodia
Fax/phone : +855-23 72 19 05/72 60 52/72 11 90
E-Mail: info@interior.gov.kh, moi@interior.gov.kh
7. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
Cambodia
Fax: + 855-23-36 41 19/21 66 22
8. Mr. Lay Sokha
Mondulkiri Provincial governor
Sok Khodom commune
Senmonorom district
Mondulkiri province
CAMBODIA
9. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights – Cambodia
N¢X 10, Street 302
Sangkat Boeng Keng Kang I
Khan Chamcar Mon
Phnom Penh
Cambodia
Tel: +855-23-987 671 / 987 672, 993 590 / 993 591 or +855 23 216 342
Fax: +855-23-212 579, 213 587
10. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Ms. Afarin Shahidzadeh
Room 3-080
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Tel: +41 22 91 79214
Fax: +41 22 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)
11. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Attn: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
