UPDATE (Cambodia): Dey Kraham community in Phnom Penh fears imminent forcible eviction

Dear friends,

The Asian Human Rights Commission (AHRC) has previously reported that over several years violence, blockades and lawsuits have been used in successive attempts to evict hundreds of families in Dey Kraham zone of Phnom Penh in favour of 7NG company (see AHRC-UAU-006-2008, AHRC-UAU-002-2008, UA-271-2007). These attempts have so far failed as those rightful residents have put up stiff resistance. Now they have heard that preparations are under way for their final eviction.

UPDATED INFORMATION: (Based on the testimony of one of the representatives of Dey Kraham community)

Since the latest eviction attempt in January 2008 (see AHRC-UAU-006-2008) there has been no new attempt to forcibly evict over two hundreds families in Dey Kraham zone, Tonle Bassac commune, Chamcar Mon district, Phnom Penh. However, neither 7NG company nor the authorities have abandoned their eviction scheme and leave these rightful residents alone to live in peace and go about their daily lives.

The excavator that was moved into the area some time ago is still parked there, ready to demolish the homes of residents. Local authorities, including commune chief Khat Narith, and company guards, have continuously been disseminating information that their representatives have agreed with the company and that as a result the homes in the commune would be demolished at any time.

7NG company’s owner and his representative have invited residents individually to get them to accept separate compensation. When they rejected the offer, these residents would receive stern warning that they would be evicted and their homes demolished all the same one way or another. The eviction, it was threatened, could come at any time. The company representative, Bunna, has offered compensation of USD 10,000 on average for each house depending on its size.

Around June 2008, the company owner, Srey Sophea, met with a resident representative named Chan Vicheth. Srey offered Chan compensation of USD 30,000 for his house of 70 square meters. Chan’s house is an average size property in the Dey Kraham zone. This zone belongs to Tonle Bassack area where, according to the market, the price of one square metre of land is between USD 6000 and 8000.

Chan rejected the offer and Srey sternly warned him that he and the other residents would be forcibly evicted, their homes soon demolished and they would be relocated on the outskirts of Phnom Penh as the municipal authorities had planned. To back up his threats, Srey let Chan quickly read what appeared to be a copy of a letter dated sometime towards the end of 2007 that the governor of the Municipality of Phnom Penh had written to Prime Minister Hun Sen to seek his approval of the eviction.

Chan saw in that copy Hun Sen’s handwritten annotation agreeing with the proposed eviction. However, Srey refused to let Chan make a photocopy of that letter. Chan doubted the authenticity of that letter when Srey failed to show it to other residents when such a letter clearly backed his position and as he had done previously with any documentation helping his cause.

Lately there have been further signs pointing to an imminent forcible eviction. In early August, over ten company guards attempted to demolish the community theatre building, which is now being rented to a scrap merchant. They backed off when some 50 residents came out to resist their attempt. On 7 August 2008, local officials began to cordon off Dey Kraham garden to prevent hawker residents to using it.

Four days after the move by those officials, on August 11, the court started to try a resident named Lor Seyha, who is a representative of the residents. A criminal lawsuit was filed against Lor in 2005 for battery, falsification of documents and defamation. Lor was arrested in July. There are other lawsuits pending against more than 10 representatives and residents with various charges such as damage to property, battery and robbery. All of them involve resistance against attempts at forcible election.

The residents have doubted the court has acted independently and impartially when the same court has classified as a non-suit a complaint filed by their representatives in June 2007 against Meas Sopheap, governor of Chamcar Mon district (where Dey Kraham is located), Pen Sothy, former Dey Kraham community, and 7NG company officials for damage to property, battery, assault and sedition during the attempted eviction at that time.

SUGGESTED ACTION:
Please write your letters to the authorities listed below to urge them to abandon the attempt to evict Dey Kraham residents by force and stop terrorizing them in order to pressurize them into accepting compensation below the market value of their lands. 

Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on adequate housing, Special Representative of the Secretary-General of human rights in Cambodia and OHCHR in Cambodia calling for an intervention in this case.

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