CAMBODIA: Village head disperses villagers; prevents Member of Parliament from meeting with them

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-041-2008
ISSUES: Freedom of assembly, Freedom of expression, Threats and intimidation,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged threat to a Member of Parliament (MP) who was prevented from holding a meeting with villagers by the village head of Tuk Lich village, Siemreap province on 26 February 2008. The MP organised the meeting to listen to the villager’s complaints regarding the land grabbing cases but the village head allegedly forcibly dispersed the villagers and threatened the MP.

CASE DETAILS: (Ms. Ke Sovannaroth, Member of Parliament, Siemreap province)

On 26 February at around midday, Ms. Ke Sovannaroth, a Member of Parliament from the opposition Sam Rainsy Party (SRP), went to meet with villagers in Tuk Lich village, Boeung Mealea commune, Svay Loeu district, Siemreap province. She learned that many land grabbing cases had been reported in Svay Loeu district. Victims, actual and potential, sought her intervention when their local authorities who had not acted upon their requests for help. The lands of the villagers she went to meet were being taken away for a rubber plantation. She went to meet with them to get first hand information on this land grabbing case and their living conditions.

The head of the village named Kim San, from the ruling Cambodian People’s Party (CPP), had allegedly pressurized participants at the meeting place to go home and when the MP arrived at the meeting place there were only around 50 villagers remaining. Also present were the commune chief and Kim. Kim started to confront Ke right away to prevent the meeting. The commune chief then slipped away. The villagers present followed suit fearing retaliatory action from Kim.

Kim threatened to beat Ke’s assistant who tried calm him down. Kim continued to shout at her, saying he ignore her position as an MP, pointing his finger at her and threatening to knock off her camera that she was using to record his confrontation with her.

Ke tried to explain to him about the purpose of the meeting and what she wanted to do for the people as their representative. However, he did not listen and continued to shout at her saying that, as an MP, she did not know anything about the law and held a meeting in his village without his permission. He asserted that he was head of the village and “no way” he was going to allow her to hold that meeting. He derisively added; “Shame on a woman who quarrels with a man!”

Higher local authorities were not aware of Kim’s insulting action against Ke, but the governor of Svay Loeu district named Sin Ron blamed Ke for not informing the local authorities so that they could assure security for her, Sin said: “In fact local authorities control the population that way. MPs should inform them of when, what they do, and where, so that local authorities can make security arrangements for them.”

For his part, the governor of the province named So Phurin did not defend that Kim’s threats on MP Ke Sovannaroth, saying “I don’t support such threats. They are quite unnecessary”.  He promised to sort it when the matter was raised with him.

BACKGROUND INFORMATION

In Cambodia Members of Parliament are elected under a party-list proportional representation system with provinces as constituencies. MPs represent not only the people in their respective constituencies but the entire people of Cambodia. They have parliamentary immunity. Heads of village are appointed by their respective commune councils.

Under Cambodia law, an insult is an offence punishable by a fine from 250 to 2500 US dollars.

The land issue is a very serious and politically sensitive issue in Cambodia. It has mainly been caused by land grabbing by the powerful and the rich of homes and lands of villagers with no or little compensation. It has affected ten of thousands of families in many parts of the country over recent years. The opposition Sam Rainsy Party (SRP), is publicly opposed to it. Together with the civil society it has been very active in defending the interests of victims of land grabbing. Its efforts were paid off at the last commune election in April 2007 where it gained more popular support.

Almost all local authorities are under the control of the ruling Cambodian People’s Party, invariably receive gratifications of one kind or another from land grabbers or instructions from the powerful to secure land for themselves as well (see for instance AHRC-UAG-005-2008). A year ago Prime Minister Hun Sen identified those land grabbers as “CCP officials” and “powerful people”

Due to such connivance, local authorities try to prevent any assistance and support for victims of land grabbing in areas under their jurisdictions (see for instance AHRC-UAU-006-2008; AHRC-UAG-003-2008; AHRC-UAG-001-2008; UG-010-2007). Furthermore, it is alleged that in order to ensure victory of their ruling party at the elections one of which, the general election, will be held in late July 2008, they also prevent the population under their jurisdiction from being exposed to ideas from parties other than the ruling party or ideas that challenge the policies of the government or the ruling party.

The Cambodian people are still very much under the control of the ruling Cambodian People’s Party which is a former communist party. Many aspects of control in the communist times are still there. Local authorities still have a lot of control over the population under their jurisdiction. Each family must hold a family book issued and certified by the local police, in which all its members, their dates of birth and their occupation are recorded. Any change of address must be notified to the police. Each family must also hold a residence book in which all living in the same household, including guests, are recorded.

Sometimes in some areas, a villager who wants to travel outside their commune, especially to attend meetings or seminars on human rights or related issues must have permission from their local authorities. Across the country now all NGOs and associations which wish to organize such functions need to secure permission from local authorities as well. This permission is compulsory for public meetings or seminars on politically sensitive issues such as human rights, land grabbing, corruption, petrol price rise and inflation. According to an executive order from the Ministry of Interior, permission from the provincial authorities is required for such activities (see for instance AHRC-UAG-001-2008; UG-010-2007).

SUGGESTED ACTION
Please write your letters to the authorities listed below to urge them to take action against village head Kim San for his insults to women MP Ke Sovannaroth, his violation of the right to freedom of assembly and expression of the same MP and of the villagers who came to meet with her.

The AHRC also writes letters to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Special Representative of the Secretary-General for human rights in Cambodia and OHCHR in Cambodia calling for intervention in this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear____

CAMBODIA: Village head disperse villagers; prevent Member of Parliament from holding meeting with them

Name of victim: Ms Ke Sovannaroth, Member of Parliament, Siemreap province
Alleged perpetrator: Mr. Kim San, head of Tuk Lich village, Boeung Mealea commune, Svay Loeu district, Siemreap province
Date of Incident: 26 February 2008
Place of incident: Tuk Lich village, Boeung Mealea commune, Svay Loeu district, Siemreap province

I am writing to express my deep concern regarding the mistreatment by the head of village named Kim San of Ms Ke Sovannaroth, Member of Parliament, in his confrontation to prevent her from meeting her constituents in his village named Tuk Lich in Boeung Mealea commune, Svay Loeu district, Siemreap province. This province is her constituency.

Ke went to meet with villagers at their request when their lands were being taken from them for rubber plantation. She wanted to have first hand from them about their plight now that land grabbing was rife in that region.

When Ke arrived at the meeting place in Tuk Lich village at around midday on 26 February, Kim had already coerced villagers who had come to meet with her to return home. Some 50 of them resisted the pressure and stayed behind waiting for her when she arrived at the meeting place.

Kim started to confront her right away with loud shouts to turn her back and prevent the meeting, making the commune chief as well the villagers present there slip away. In his confrontation Kim threatened to beat Ke’s assistant who tried to calm him down. Kim continued to shout at her though, saying he ignored her status as an MP, pointing his finger at her and wanting to knock off her camera from her hands.

Ke tried to explain to him about the purpose of the meeting and what she wanted to do for the people as their representative. He did not listen and continued to shout at her with threatening voice, saying that, as an MP, she did not know anything about the law and held a meeting in his village without any permission from him. He asserted that he was head of the village and “no way” he was going to allow her to hold that meeting. He derisively added; “Shame on a woman who quarrels with a man!”

I have learned that Kim is a member of the ruling Cambodian People’s Party (CPP) and Ke is a member of the opposition Sam Rainsy Party (SRP). I have also learned that local authorities invariably receive gratifications land grabbers or instructions from the powerful to help secure land for themselves. These land grabbers are acknowledged to be officials of the ruling party and powerful people. SRP is against land grabbing and has been active in helping affected villagers to resist, which helped it gain more popular support in the last commune election in 2007.

For these two reasons I very much suspect that Kim’s action was to prevent any member of the opposition to help those villagers affected by land grabbing and win votes from them in the forthcoming general election to be held in late July of this year.

However, Kim’s insults to Ke, his contempt for her as a woman, her threats on her and her assistant, and his insistence upon her to seek permission from him, altogether to prevent her from meeting those villagers are simply outrageous. They are definitely unbefitting a public official and all this action to prevent such a meeting was a blatant violation of her right to freedom of assembly and expression and that of all the villagers who wanted to meet with her.

I therefore strongly urge you to take swift action against Kim San for his insults to Ke Sovannaroth, his obstruction to her work as an MP for people in her constituency, and for his violation of the right to freedom of assembly and expression. I also urge you to take appropriate measures to ensure that all public servants are politically neutral and provide public services to all, politicians as well ordinary citizens, without any discrimination based on political tendency or affiliation.

I trust you will act upon my request above.

Yours sincerely,

———–

PLEASE SEND YOUR LETTERS TO:

1. Mr. Heng Samrin
President
National Assembly
National Assembly Street
12301 Phnom Penh
CAMBODIA
Tel: +855-23-21 35 35; +855-23-22 06 28
Fax: +855-23-22 06 29
E-mail: kimhenglong@cambodian-parliament.org

2. Mr. Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
CAMBODIA
Fax: +855 23 36 0666
Tel: +855 2321 9898
E-mail: cabinet1b@camnet.com.kh

3. Mr. Sar Kheng
Deputy-Prime Minister
Minister of Interior
No.275 Norodom Blvd., Phnom Penh 
CAMBODIA
Fax/phone: +855 23 721 905 / 23 726 052 / 23 721 190 
E-Mail: info@interior.gov.kh

4. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 36 4119 / 21 6622
E-mail: moj@cambodia.gov.kh

5. Mr. Henro Raken
Prosecutor-General 
Court of Appeal
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 21 66 22
Tel: +855 11 86 27 70

6. Mr. Sou Phirin
Governor
Siemreap Province
N° 246, Sala Kanseng Village
Svay Dangkum Commune 
Siem Reap District
Siem Reap Province
CAMBODIA
Fax: +855-63-76 11 11
Tel: +855-63-96 34 17; +855-63-96 34 50
Tel/Fax: +855-63-96 34 38

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org) 

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-041-2008
Countries : Cambodia,
Issues : Freedom of assembly, Freedom of expression, Threats and intimidation,