CAMBODIA: Forced eviction of 92 families in Sihanoukville allegedly led by Khan Stung Hav governor

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that 92 families were forcibly evicted from their 120 hectares of land in Sangkat (commune) O’ Tress, Khan (district) Stung Hav, Sihanoukville by more than 100 armed police, military police and 20 gangsters on 23 May 2007. They were allegedly led by Khann Stung Hav governor Mey Kaing. Their houses were demolished by the tractors and bulldozers that the authorities operated. It is believed that a high ranking military officer named Sar Soeng will occupy the land as his private property with the help of the governor and other officials. The AHRC has reported several cases of forced eviction from the same commune and this is just one of the cases done by the state officials. (See other cases in same commune: UA-409-2006; UA-411-2006; UA-003-2007; UA-026-2007; UA-053-2007; UP-063-2007,)

CASE DETAILS:

According to the information we have received, Mey Kaing, the governor of Khan Stung Hav, issued a notice to evict the 92 families who reside in about 120 hectares of land in Sangkat O’ Tress, Khann Stung Hav, Sihanoukville in October 2006 and then he accused them of living illegally on the land where they have done so peacefully since 1993 to Sar Soeng, a Sihanoukville military officer. On 29 November 2006, the governor allegedly led the 100 strong force armed with rifles and electric batons. They came with tractors and bulldozers to destroy the villagers’ house. At the same time, the people had a peaceful demonstration and lodged a complaint to Hun Sen, the Prime Minister about the threat of eviction to grab their land and destroy houses. This threat seemed to come to an end after getting a notice to stop issued by the Prime Minister in 27 December 2006.

On 23 May 2007, however, around 100 armed security forces who were allegedly led by the governor with Vong Bunthorn, a military police commander, Chan Dara, a chief of police inspector in Kahn Stung Hav and Sar Soeng, a military officer came to the area and started destroying the crops and houses by tractors and bulldozers without orders or permission from a court. More than 30 houses were completely destroyed and their sole means of living such as crops and domestic animals were cleared from the whole area.

The action violates the Cambodian Land Law 2001 as well as the notice of Prime Minister who had guaranteed that he would stop and condemn the officials who used their power in grabbing land. This is clear evidence that the Sihanoukville authorities do not respect the rights of the people as enshrined in the Cambodian Constitution and the Land Law 2001 as well as the Prime Minister’s order. It also violates the International Covenant on Economic, Social and Cultural Rights (ICESCR) to which Cambodia is a state party. No action has yet been taken against those responsible for land grabbing by the government in order to bring them before a court and it occurs across the country.

The villagers who have suffered from forced eviction have not received compensation, neither have they been provided with resettlement so that they earn or do business to sustain themselves and their families.

The AHRC urges the relevant authorities of Cambodia to conduct a thorough investigation into this matter and to bring those responsible before a court and remove them from their post so that their illegal action to the families should not be excused if the allegations are proven true. It also urges the court prosecutor general to immediately provide justice to the families who were evicted and appropriate places with title of ownership for them. It further urges the Cambodian government to redress the situations of ongoing forced evictions and land grabbing by state officials in order to end this abuse of power and establish a strong rule of law in Cambodia.

BACKGROUND INFORMATION:

Those families forcibly evicted by state officials are liable to get ownership of the land in accordance with the Cambodian Land Law 2001 which states that, any people who are living or continue living on the land peacefully for five year or more, then five year can be able to claim for the title of ownership. And according to Article 253 of the Law, any person who uses violence against a possessor in good faith of an immovable property, whether or not his title has been established or is disputed, shall be fined from 1,500,000 Riel (USD 385) to 25,000,000 Riel (USD 6,420) and/or imprisoned from six (6) months to two (2) years, irrespective of the penalty for violence against a person. If the violence was ordered by a person other than a perpetrator, who did not personally participate in the commission of such violence, he shall be subject to the same penalties as the perpetrator of the violence.

ADDITIONAL COMMENTS:

The AHRC has reported number of cases of forced land eviction by state and local authorities in throughout the whole country of Cambodia. In some of the cases, several villagers had been falsely charged by courts and in the other cases many of the villagers had been injured and not received any compensation for justice. Even though there some that same local authorities have been involved in forced eviction with police and army, those responsible have yet been conducted thorough investigation and the families evicted have still undergone in hard condition without compensation or justice. The AHRC is deeply concerning about ongoing practices by state officials and urges these cases should be resolved as soon as possible in accordance with law and justice.

SUGESTED ACTION:
Please immediately write to the relevant authorities listed below demanding their immediate intervention into the forced eviction of 92 families. Please also urge them to inquire about the illegal eviction and bulldozed villagers’ houses, animals and crops which allegedly led by May Kaing, a governor of Khan Stung Hav with Vong Bunthorn, a military police commander, Chan Dara, a chief of police inspector, Sar Soeng, a Sihanoukville military officer and the armed forces so that those responsible will be brought to justice.

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