CAMBODIA: Development firm allegedly hires gunmen to extort poor villagers through an illegal toll-booth

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding a Chinese investment company that has allegedly set up an illegal toll booth to extort money from travelers in Kratie province on 21 March 2007. The company named Global Agricultural Development Cambodia Co. Ltd has allegedly hired gunmen to guard the illegal toll booth and have already been involved in allegedly extorting 30,000 Reil (US$ 7.5) from four villagers who where traveling across the road with their three oxcarts. The toll booth is unlawful and has no purpose other than to generate profit for a company that is known for conducting illegal and irresponsible business practices. However, the local authorities have not taken any action regarding this matter. In fact, in another occasion, the same company had allegedly evicted local villagers without ever providing compensation in Kratie province (See further: UA-013-2007 and UP-006-2007).

CASE DETAILS:

On 21 March 2007, four armed guards, who were hired to operate the toll both, allegedly extorted 30,000 Reil (USD 7.50) from four villagers named Preap Buntheun, Vidy, Sao Vy, and Ngoal.  The villagers were traveling by oxcart and did not have enough money to cover the fee. As a result, the men where forced to discontinue their journey and wait five hours between 12:00 pm and 5:00 pm, until family members arrived and paid the charge for their passage.

The road in question has acted as a connector for locals to the National Road number 7, towards Kak Tha village, Ralous Meanchey commune, Sambo district, Kratie province. It is an old road that has been used by villagers for many years. The company began a reconstruction project of the road which began on 12 December 2006 was finished in January of this year. Since its completion, the company has been extorting money from locals. Each passenger that crosses on motorbike and oxcart must pay a 10,000 Riel (USD 2.50) fee. In order to ensure that payment is received, the company has hired security guards who are armed with rifles and electric batons.

The AHRC stresses that the company has no legal right to hire security guards for the purpose of extracting money from villages using the road. Cambodia also does not have any laws which grant permission to construction firms to introduce road tolls. The Ministry of Forestry and Fisheries must be held accountable for the company’s illegal behavior since they are the government agency that had originally hired their services. The Ministry of Public Works and Transport should also be held accountable for failing to take action against such illegal act. The road is a public domain and restricting its use through incorporating illegal fees must be seen as criminal.

The AHRC therefore urges the Kratie provincial governor to take immediately action against the company. We also urge the ministry who signed the original construction contracts with the company to immediately take action against Global Agricultural Development Cambodia Co. Ltd in order to allow the freedom of movement. We also urge the National Assembly to take action against this company and also create laws against road fees during a time when most Cambodians are living in poverty and cannot afford such fees.

BACKGROUND INFORMARION:

This is not the first time Global Agricultural Development Cambodia Co. Ltd has acted illegally. It is allegedly responsible for burning down local villagers houses without ever providing compensation. On 15 March 2006, the Ministry of Agriculture signed a 70 year lease contract with the Chinese investment company Global Agricultural Development Cambodia Co. Ltd to develop teak plantations. After signing the contract, the company began bulldozing the 9800 hectares of land and started to divide the area into plots set out for the new plantations and the company’s office.

The land that was granted by the state is from two communes in the Sambo district named O Kriang and Khbal Dom Rey. The total amount of agricultural land that was taken over in O Kriang commune is 1138 hectares, with another 1448 hectares of land from Khbal Dom Rey. However, the government contends that they only reclaimed 51 hectares of cultivated land from O Kriang commune and another 69 hectares from Khbal Dom Rey commune. The company has provided no compensation to the villagers and the government continues to show little interest in resolving the dispute. Also, the government had not initiated any consultation with the local people whether the land concession will affect their agriculture (See further: UA-013-2007).

In January 2007, workers from the company had burned the fields and forest over the area of 9,800 hectares of land in order to clear space to grow the teak plantations. The fire then spread onto land belonging to local residents and burned at least one wooden house that was owned by Oun Theurn. Oun Theurn’s not only lost his home, but also his cultivated land for producing rice and most of his possessions (See further: UP-006-2007).

SUGESSTED ACTION:
Please write to the authorities listed below to urge them to intervene in this matter. Please urge them to take action against the company Global Agricultural Development Cambodia Co. Ltd. and to remove the toll both and stop illegal extraction of the money from the villagers.

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