Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned that the Ratanakiri provincial Governor allegedly rejected the prosecutor decision on 16 November 2006 of halting the planned bulldozing of 115 hectares of disputed land in Chrung and Kachok villages, Kok commune, Bokeo district, Ratanakiri province. The land belongs to the local indigenous community, has been protected by the villagers in Kok commune and is used for sustainable cultivation.
CASE DETAILS:
Since 2004, the disputed land which is about 50 km from Ratanakiri town has been quietly sold by an ethnic minority leader to a businessman named Kim Mao. Kim Mao then hired 64 year-old Lom Chor Commune Council member Puy Yong (a local ethnic minority leader) to clear the 115 hectares of land at a cost of US$ 300/hectare. If Kim Mao’s hired hand could not clear the land, he would then have to pay five times the amount in organising a legitimate private contractor. Puy Yong was then provided with a tractor, a bulldozer, as well as local workers to clear that land. However, the demolition was met with resistance from roughly 840 villagers from the Chrung and Kachok Kok commune who clashed with the hired workers from Kan Te and Lom Chor commune in the O’Yadaw district.
When Ratanakiri court prosecutor Mey Sokhan heard about the situation, he issued a warrant to stop the Kon Te and Lom Chor commune hired workers from bulldozing land on 16 November 2006. The prosecutor ordered the provincial police to stop the bulldozing after 18 of the 840 residents of Chrung and Kachok villages, Kok commune filed a complaint to the court. However, the Ratanakiri provincial Governor Mourng Poy allegedly rejected the prosecutor decision and stopped the police from halting the demolition.
BACKGROUND INFORMATION:
The 2001 land law expressed that ownership of immovable properties of indigenous communities is granted by the state as collective ownership. This collective ownership includes all the rights and protections of ownership as are enjoyed by private owners. But the community does not have the right to dispose of any collective ownership that is state public property to any person or group. This is because land of indigenous communities is to establish their residence and identify where they carry out traditional and agriculture. There is no authority outside the community that may acquire any rights to immovable properties belonging to an indigenous community.
In 2005, the Ratakiri provincial court issued a warrant to arrest three government officers, Kham Kheourn (ex Ratakiri province governor), Yeurng Ponlung (ex Ratanakiri police commissioner) and Meurng Sareoun (ex Ratakiri military commander) on charges of illegal logging. Regrettably, these three officials have escaped a way.
The AHRC condemns the Ratanakiri governor for allegedly ignoring the court order and scheming with a private businessman to continue the destruction of indigenous land. We would also like to praise the Ratanakiri court’s prosecutor who dared to take action and help protect the indigenous immovable property from being illegally seized. We hope that the prosecutor continues along this path and keeps setting solid examples for others to follow.
The AHRC also urges the Cambodian government to investigate the governor of Ratanakiri for land grabbing from the state’s indigenous community and to punish those who violate the land law.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take immediately action in order to protect the ethnic minority land from being grabbed by a private businessman and the local authorities.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
CAMBODIA: Ratanakiri governor allegedly rejected the provincial court’s prosecutor’s order to stop land grabbing
Victims: 840 indigenous villagers, Chrung and Kachok villages, Kok commune, Bokeo district, Ratanakiri province
Alleged perpetrators:
1. Kim Mao, private businessman
2. Puy Yong, 64 years old, Lom Chor commune council member
3. Mourng Poy, Ratanakiri province governor
Date of the prosecotur’s order: 16 November 2006
I want to express my deep concern about the Ratanakiri provincial Governor’s alleged rejection of the decision by the Ratanakiri provincial court prosecutor on 16 November 2006 to halt the planned bulldozing of 115 hectares of disputed land in Chrung and Kachok villages, Kok commune, Bokeo district, Ratanakiri province. The land belongs to the local indigenous community, has been protected by the villagers in Kok commune and is used for sustainable cultivation.
I am aware that since 2004, the disputed land which is about 50 km from Ratanakiri town has been quietly sold by an ethnic minority leader to a businessman named Kim Mao. Kim Mao then hired 64 year-old Lom Chor Commune Council member Puy Yong (a local ethnic minority leader) to clear the 115 hectares of land at a cost of US$ 300/hectare. Puy Yong was then provided with a tractor, a bulldozer, as well as local workers to clear that land. However, the demolition was met with resistance from roughly 840 villagers from the Chrung and Kachok Kok commune who clashed with the hired workers from Kan Te and Lom Chor commune in the O’Yadaw district.
I have learned that when the Ratanakiri court prosecutor Mey Sokhan heard about the situation, he issued a warrant to stop the Kon Te and Lom Chor commune hired workers from bulldozing land on 16 November 2006. The prosecutor ordered the provincial police to stop the bulldozing after 18 of the 840 residents of Chrung and Kachok villages, Kok commune filed a complaint to the court. However, the Ratanakiri province Governor Mourng Poy allegedly rejected the prosecutor decision and stopped the police from halting the demolition.
I strongly condemn the Ratanakiri governor for allegedly ignoring the court order and scheming with a private businessman to continue the destruction of indigenous land. I also would also like to praise the Ratanakiri court’s prosecutor who dared to take action and help protect the indigenous immovable property from being illegally seized. We hope that the prosecutor continues along this path and keeps setting solid examples for others to follow.
Under the circumstances, I urge you to investigate the Ratanakiri governor’s apparent disobedience of the prosecutor’s order. The prosecutor’s order should be strictly implemented and the demolition of the land in Chrung and Kachok villages must be immediately stoped accordingly. Besides, if the governor is proven to be involved in land grabbing from the state’s indigenous community or corruption relating to this matter, strong legal action must be taken against him.
I am also aware that according to the 2001 land law, the ownership of immovable properties of indigenous communities cannot be sold to any person or group. I therefore have a view that it is impossible for Kim Mao to illegally purchase the indigenous community’s land in Ratanakiri without any corruption in the local administration. I therefore urge you to inquire about this matter and punish those who violate the land law as soon as possible.
Yours sincerely,
______________
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. Sar Kheng
Deputy Prime Minister and 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 or moi@interior.gov.kh
3. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855 23 36 41 19/21 66 22
4. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60
5. Mr. Mourng Poy
Governor
Village 5, Laban Seak commune,
Ban Lung district,
Ratanakiri province
CAMBODIA
Tel: +855 12 974 020
Fax: +855 75 974 020
6. Dr. Yan Narin
Justice of Ratanakiri Provincial Court
La Ban Seak commune,
Ban Lung district,
Ratanakiri province
CAMBODIA
7. Mr. Ray Rey
Police Commissioner of Ratanakiri
Village 5, Laban Seak commune
Ban Lung district,
Ratanakiri province
CAMBODIA
Tel: +855 12 755 051
Fax: +855 75 974 022
8. 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
9. 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)
10. 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 (ATTENTION: SPECIAL RAPPORTEUR RIGHT TO FOOD)
11. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Attn: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of many of the Cambodian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Cambodian authorities are attached below with this appeal. Thank you.]
