Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding yet another case of an alleged illegal forced eviction in Cambodia, in which another tycoon senator is involved. Twelve families, who have lived on their land since 1985, and are entitled to land ownership according to Land Law 2001 of Cambodia, were forcibly evicted from their land in Sihaouk Ville, Cambodia by around 60 hired goons and two military policemen on 25 September 2006.
According to the information we have received, 12 families in village sixth, commune 4, Mitapheap district, Sihanouk Ville, Cambodia were illegally evicted from their 16 hectares of land by 60 men and 2 military policemen hired by a tycoon senator named Mr. Sy Kong Trive on 25 September 2006. During the forced eviction, at least one villager was reportedly shot twice in his legs. The concerned two military policemen are Mr. Taing Kimheng, a national military policeman in Phnom Penh and Mr. Keo Tha, a military policeman in Sihanouk Ville. They were fully equipped with pistols and assault rifles during the eviction.
The villagers resisted the eviction and beseeched the two military policemen to halt it but they dismissed the villagers’ desperate request and rather began to fire several live rounds toward the ground. Due to this firing, a 48-year-old man named Mr. San Tean was injured in both legs. The eviction was illegally conducted without an order from the court and no compensation was given to the affected families.
According to the report, 12 families have been living in the concerned land which was bush and forest at that time, since 1985. They cultivated the land and have been living there peacefully. In 2005, the tycoon senator Mr. Sy Kong Trive arranged 5 families to live on his land in the vicinity of the 16 hectares of the villagers’ land and built a canal behind the villagers’ land for water irrigation in 2005. The families were not aware that Mr. Sy Kong Trive built the canal behind their land with the intention of depriving them of their land but simply thought it was a normal canal.
On 13 August 2006, when the families started to build their new houses on the land, the aforementioned military policemen Mr. Taing Kim heng Mr. Keo Tha came to halt their construction. They claimed that the villagers could not build the houses because the 16 hectares of land belonged to Mr. Sy Kong Trive. Although 12 families are entitled to land ownership according to provisions of Land Law 2001 of Cambodia which states that person(s) are entitled to have ownership over the land when he/she occupied and lived on for five years without any ownership related dispute, they did not have an official document for the ownership as the government authorities refused to give any title of ownership to them.
Mr. Sy Kong Trive, who is a senator, violated the law himself by conducting the illegal eviction without a court order. He also abused his power to use law enforcement agents (the military police) to execute his unlawful eviction for his own private interests. According to Article 36 of the amended Cambodian Criminal Procedure Code, the jurisdiction of the military police is “offences related to military affairs and flagrant crimes”, and “only public prosecutors” have authorities to call on the military police to assist eviction orders.
The AHRC urges the Cambodian government to ensure that the concerned senator is held accountable for his illegal eviction and pays appropriate compensation to the affected families. The two concerned military policemen must also be brought before the courts. We also urge the Cambodian government to immediately halt the clearance of the concerned land and grant ownership over the land to 12 families by strictly enforcing the land law.
ADDITIONAL COMMENT:
This is yet another case of illegal land grabbing by politicians or government officials in Cambodia. One week ago, the AHRC reported a forced eviction of 250 families by a tycoon senator Mr. Ly Yong Phat with the collaboration of the police in Chi Khor Leu commune, Sre Ambel district, Koh Kong province, Cambodia on 19 September 2006. In this case, the eviction was also illegally conducted without a court order and consultation with the affected villagers beforehand and no compensation was given to the villagers (To see the details of this case, please see: UA-321-2006).
In his statement to the UN Human Rights Council on 26 September 2006, the Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Yash Ghai described this matter as follows:
“Over the years, thousands of families have been illegally and forcibly evicted from their homes and land, in Phnom Penh and elsewhere, in a classic example of land grabbing, in which little regard is paid to the law and in which those who lose their land have no redress
The Government has not yet put in place legislation to protect their land, despite assurances. Nor has it paid any heed to recommendations to place a moratorium on further land sales or alienation pending such legislation.
The Government has given enormous land concessions to local and foreign companies and the military, without disclosure or transparency, or consultations with communities whose land is taken away. This leads me to ask what and how much will be left for ordinary Cambodians
” (To see the full text of the statement, please visit: FS-027-2006)
SUGESTED ACTION:
Please send a letter to the relevant authorities mentioned below urging for immediate remedies and investigation into a member of the Senate in the forced eviction so that disciplinary action may be taken against the alleged perpetrators.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
CAMBODIA: Another alleged forced eviction by a senator
Victims: 12 families in village sixth, commune 4, Mitapheap district, Sihanouk Ville, Cambodia; Mr. San Tean (aged 48) sustained gunshot wounds on his two legs by the police firing during the eviction
Alleged perpetrators:
1. Mr. Sy Kong Trive, a tycoon senator (main perpetrator)
2. Mr. Taing Kimheng, the national military policeman in Phnom Penh
3. Mr. Keo Tha, the military policeman in Sihanouk Ville
4. Around 60 men hired by Mr. Sy Kong Trive to conduct the illegal eviction
Date of incident: 25 September 2006
Place of incident: 16 hectares of land of the concerned villagers in in village sixth, commune 4, Mitapheap district, Sihanouk Ville, Cambodia
I am deeply concerned by the alleged illegal forced eviction of 12 families from their from their 16 hectares of land in village sixth, commune 4, Mitapheap district, Sihanouk Ville, Cambodia by around 60 men and two military policemen hired by a tycoon senator Mr. Sy Kong Trive on 25 September 2006.
According to the information I have received, this eviction was illegally conducted without court orders and no compensation was given to the affected families. The concerned two military policemen are Mr. Taing Kim heng, the national military policeman in Phnom Penh and Mr. Keo Tha, the military policeman in Sihanouk Ville. I was also informed that 48-year-old man named Mr. San Tean received gunshot wounds on both legs due to the policemen’s firing of live rounds.
I am annoyed to notice that such illegal eviction was conducted by the law maker itself who has more primary responsibility to uphold the laws. I also want to draw your attention that Mr. Sy Kong Trive unlawfully used law enforcement agents (the military police) to execute his illegal eviction for his own private interests. According to Article 36 of the amended Cambodian Criminal Procedure Code, the military police’s mandate only covers “offences related to military affairs and flagrant crimes”, and “only public prosecutors” have authorities to call on the military police to assist eviction orders.
I am also informed that the concerned government authorities has refused to grant land ownership to those families in violation of Land Law 2001 of Cambodia even though they have been living in the concerned land for more than 20 years without any ownership related dispute since 1985. According to provisions of Land Law 2001 of Cambodia, a person(s) is entitled to have ownership over the land when he/she occupied and lived on for five years. This land law was made to protect Cambodian ordinary citizens’ right to land. However, the Cambodian government does not show any willingness to enforce this land law.
I am concerned that this is not an exceptional case of illegal land grabbing by politicians or government officials in Cambodia. I was also informed by the Asian Human Rights Commission (AHRC), Hong Kong regarding another alleged illegal forced eviction of 250 families by a tycoon senator Mr. Ly Yong Phat with the collaboration of the police in Chi Khor Leu commune, Sre Ambel district, Koh Kong province, Cambodia on 19 September 2006.
Illegal land grabbing has become a serous human rights problem in Cambodian and even Mr. Yash Ghai, the Special Representative of the Secretary-General for Human Rights in Cambodia, described this matter in his statement to UN Human Rights Council on 26 September 2006, “The Government has given enormous land concessions to local and foreign companies and the military, without disclosure or transparency, or consultations with communities whose land is taken away. This leads me to ask what and how much will be left for ordinary Cambodians
“
In light of the above, I strongly urge you to intervene in this case and ensure that Mr. Sy Kong Trive is accountable for his illegal eviction and pays appropriate compensation to the affected families. I also urge you to take action against the two concerned military policemen and bring them to before the courts. I further request you to take immediate action to halt the clearance of the concerned land and grant ownership over the land to 12 families by strictly enforcing the land law. Lastly, I urge the Cambodian government to take all possible measures to strictly enforce the land law, prevent illegal land grabbing and protect citizens’ rights for the land ownership.
Sincerely yours,
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PLEASE SEND YOUR LETTER TO:
1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
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
Email: 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
Email: sg_kimsan@yahoo.com
4. Mr. Bin Chhin
President of Chamcar Mon
State palace
Phreah Norodom Blvd
Phnom Penh
Cambodia
Tel: +855-23 72 60 30/72 60 34
Fax: +855-23-72 0913
Email: info@ccc.gov.kh
5. Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
275 Norodom Blvd.
Phnom Penh
Cambodia
Fax/phone : +855-23 72 19 05/72 60 52/72 11 90
E-Mail: info@interior.gov.kh, moi@interior.gov.kh
6. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
Cambodia
Fax: + 855-23-36 41 19/21 66 22
E-mail: moj@cambodia.gov.kh
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. Gen. Ke Kim Yan
Commander-in-Chief
High Command Headquarters
Royal Cambodian Armed Forces
Kambol
Phnom Penh
Cambodia
9. Mr. Say Hak
Governor
Municipality of Sihanouk Ville
Street Ekareach, Sangkat 3, Khan
Mittapheap, Sihanoukville,
Cambodia.
Tel: 855 034 933 417
Fax: 855 034 933 657
Email: kpsi-admin@Norton.edu.kh
10. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights – Cambodia
N¢X 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 +855 23 216 342
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 Paix
1211 Geneva 10
Switzerland
Tel: +41 22 91 79214
Fax: +41 22 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
