Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a Chinese investment company named Global Agricultural Development Cambodia Co. Ltd allegedly bulldozed and cleared 9800 hectares of land in August 2006. The destroyed land was used for rice cultivation and included 1138 hectares that belonged to 936 families from O Kriang commune, with another 1448 hectares belonging to 724 families in Khbal Dom Rey commune, Sambo district, Kratie province. The communities have occupied and cultivated the land peacefully since 1980. On 15 March 2006, the Ministry of Agriculture, Forestry & Fisheries had granted the land to the Global Agricultural Development Cambodia Co. for developing teak plantations. The company also claims that they have offered to compensate the villagers (US $100-200/hectare); however, the communities contend that they have not received any assistance from the business group.
CASE DETAILS:
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 new office.
The Global Agricultural Development Cambodia Co. Ltd allegedly based themselves in Kratie province for two key reasons. The first is to study, research and examine the working groups from the Ministry of Agriculture, Forestry & Fisheries who had determined the 9800 of land did not belong to the people, while developing geographical boundaries in the area. Secondly, the area is an old teak plantation that is at the centre of the agreement between the Ministry of Agriculture, Forestry & Fisheries and the Global Agricultural development Cambodia Co. Ltd.
On 10 February 2006, the Ministry of Agriculture, Forestry & Fisheries Mr. Chan Sarun suggested to Prime Minister Hun Sen that the government sign an agreement with the company that would allocate 9800 hectares of land. Then on February 17, the minister was given approval by the prime minister to sign the agreement.
According to Mr. Thach Metrey from the Cambodian Center for Human Rights (CCHR), the large amount of land that was granted by the state to the Chinese investment company in Kratie province 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, Thach Metrey added that despite the villagers’ claims, 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.
Thach Metrey also stated that according to a GPS imagery that was taken by helicopter, Global Agricultural Development Cambodia Co. Ltd has actually been given more than stated in the agreement with their development operation extending over 11200 hectares. Thach Metrey alleges that the working groups from the Ministry of Agriculture had mistaken their examination and research of the areas before submitting the final document to the Ministry of Agriculture. He added that the working groups never asked the local people whether the land concession will affect their agriculture. He suggests that the local communities would never have agreed to the land concession policy of the Chinese Investment company because it would have damaged their rice fields, bamboo forests, wildlife, local environment, wild fruits and the overall farming. Thach Metrey stresses that the area has been occupied since 1980 and both Commune Chiefs contend that the land has been lived on by the people since ancient times. Therefore the affected villagers are entitled to the ownership over the said land. Also, the communities have not received any of the compensation that has been allegedly offered by the company (US $100-200/hectare).
The AHRC urges the government to immediately order a re-examination of the area in question. It is of great concern that land concessions that are conducted without public consultation are highly damaging to local communities. According to article 44 of the Cambodian Land Law of 2001, any person who has continuously occupied land for more than 5 years will automatically be entitled the land ownership.
The AHRC also urges the Ministry of Agriculture, Forestry and Fisheries to advise that the Chinese investment company end the areas development as it may spark violence between the people and the company.
The AHRC urges finally urges the government and the company to re-negotiate a new agreement that is publicly transparent, involves local community engagement and is developed in accordance with the law.
SUGESSTED ACTION:
Please write to the authorities listed below to urge them to intervene in this case. Please urge the government to re-examine the land concession contract and ask the company to stop bulldozing the area until a sustainable and publicly transparent agreement is reached.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
CAMBODIA: Two communities lose their land over a shady government contract
Victims:
1- 936 families in O Kriang commune, Sambo district, Kratie province.
2- 724 families equal to 3642 people in Khbal Dom Rey commune, Sambo district, Kratie province.
Alleged perpetrators:
1- Cambodian government
2- Ministry of Agriculture, Forestry & Fisheries
3- Global Agricultural Development Cambodia Co. Ltd
Date of incident: The mid of August, 2006
Place of incident: O Kriang commune, Khbal Dom Rey commune, Sambo district, Kratie province
I am writing to express my deep concern over 9800 hectares of land that was reclaimed by the government and then bulldozed by a Chinese investment company named Global Agricultural Development Cambodia Co. Ltd in August 2006. Significant proportions of the land had been owned and cultivated by villagers from O Kriang commune (1138 hectares) and Khbal Dom Rey commune (1448 hectares), Sambo district in Kratie province since the 1980s. This land is now in the hands of a private company after a shady agreement was reached between the government and the corporation without any public consultation. Also, although the company claims to have offered compensation to the villagers (US $100-200/hectare), they have yet to receive any of the costs for damages that the community has suffered.
I have learned that the large amount of land that was granted by the state to the Chinese investment company in Kratie province is used by the locals for agricultural. According to the villagers, the government has taken 1138 hectares from O Kriang commune, with another 1448 hectares of land from Khbal Dom Rey. I also know that despite the villagers’ claims, the government says they have only reclaimed 51 hectares of cultivated land from O Kriang commune and another 69 hectares from Khbal Dom Rey commune.
I am concern that the land concession that was granted by the government is seriously affecting the villagers’ livelihoods. Their agricultural industry is now lost and they have not been compensated despite the communities having resided on the land since the 1980. According to the village chiefs, the people have been in the area since ancient times. According to article 44 of the Cambodian Land Law of 2001, any person who has continuously occupied land for more than 5 years will automatically be entitled the land ownership.
I urge the Ministry of Agriculture, Forestry and Fisheries to suggest the Chinese investment company named Global Agricultural Development Cambodia Co. Ltd to avoid bulldozing the land any further until public consultations are held as it may spark violence between the people and the company.
I also urge the Cambodian government as well as the Ministry of Agriculture to immediately re-examine and the affected area where the people alleged that their land has been unfairly seized. I suggest that the Cambodia government re-examine the reclaimed area for clear measurements of location they are awarding to a company so that it does not infringe on local agricultural land.
I look forward to hearing about your intervention on this matter.
Yours sincerely,
———————-
PLEASE SEND YOUR LETTER TO:
1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
PhnomPenh
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
E-mail: 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
E-mail: sgimsan@yahoo.com
4. Mr. Chan Sarun
Minister of Agriculture, Forestry and Fisheries
Ministry of Agriculture, Forestry & Fisheries
N° 200, Norodom
12301 Phnom Penh, Cambodia
Tel023 211 351-2
Tel023 215 321
Tel & Fax023 211 411
Fax023 217 320
E-Mail: maff@everyday.com.kh
5. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh,
CAMBODIA
Fax: + 855 23 36 4119/21 66 22
6. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60
7. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh,
CAMBODIA
Tel/Fax: +855 23 21 65 85/22 09 52
8. Justice Plang Chhlam
Kompong Cham Provincial Court
Village 7, Kompong Cham commune,
Kompong Cham district,
Kompong Cham province,
CAMBODIA
Tel: +855 12 675 888
9. Mr. Noun Samin
Police Commissioner of Kompong Cham
Village 7, Kompong Cham commune,
Kompong Cham district,
Kompong Cham province,
CAMBODIA
Tel: +855 12 828 179
Fax: +855 42 941 232
10. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights Cambodia
N 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 +85523 216 342
Fax: +855-23-212 579, 213 587
11. 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 Paix1211
Geneva 10,
SWITZERLAND
Tel: +41 22 91 79214
Fax: +4122 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)
12. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
