Dear friends,
The Asian Human Rights Commission (AHRC) wishes to update you on a land dispute that was reported on earlier this month involving the forced eviction of two communities from the Sambo district in Kratie province, Cambodia. On 13 January 2007, a house belonging to 27 year-old farmer and father of two Oun Theurn was burned to the ground after it was engulfed in flames that had allegedly spread from a fire caused by the Chinese investment company Global Agricultural Development Cambodia Co. Ltd., who have also been at the centre of the Kratie land dispute. The company was allegedly burning fields to clear the land in order to grow a teak plantation in Chang Hob village, Khbal Dom Rey commune, Sambo district, Kratie province. The company has refused to compensate the farmer after he had reportedly demanded 3 million Riel (USD 770) in compensation. The government authorities have also offered no assistance in settling the dispute and have denied the victim any possibility of redress by avoiding the situation (See further: UA-013-2007).
UPDATED INFORMATION:
According to Thach Metrey from the Cambodian Center for Human Rights (CCHR) based in Kratie province, workers from the company had burned the fields and forest over the area of 9,800 hectares of land in order to clear space to grow the teak plantations. The fire then spread onto land belonging to local residents and burned at least one wooden house that was owned by Oun Theurn. Oun Theurn’s not only lost his home, but also his cultivated land for producing rice and most of his possessions.
The following day on 14 January 2007 after his house was destroyed, Oun Theurn immediately went to the company in order to complain about his house. After Oun Theurn spent a few hours talking with the Company manager, he demanded 3 million Riel (USD 770) in compensation. The company manager refused Oun Theurn’s request and then transferred the complaint to the authorities hoping they would solve the company’s problems. Oun Theurn then complained to the local authority in Khbal Dom Rey commune. However, Khbal Dom Rey commune chief did not help and instead forwarded the complaint to Sambo district authorities who then transfer the complaint to the provincial authorities.
Thach Metrey also stressed that on 16 January 2007 around 10:30 am, 210 people rallied in the Chang Hob village pagoda to demand that the Chinese company withdraw from their communities and compensate Oun Thurn. At that time, the Kratie provincial authorities including Vice Governor of Kratie Province Mr. Thon Kry, Land Title Department in Chief Mr. Mant Sophat, Sambo District Deputy Governor Mr. Men Vanna guided by 8 military police armed with rifles came to the scene to negotiate with the protesters. The Kratie provincial authorities are discussing the dispute at the provincial office. Thach Metrey has also claimed that no solution to the clashes is in sight.
According to Article 53 of the Cambodian Criminal Law (UNTAC Law), anyone who defaces or attempts to voluntarily deface property via fire or an explosive substance they shall be found guilty of a misdemeanor act involving voluntary arson. This crime caries a one to three year prison term and is doubled if the destroyed property is a dwelling of one or more persons.
The AHRC therefore urges the Kratie provincial governor to conduct an independence inquiry into the business practices of the Chinese company over the destruction of Oun Thurn home. The AHRC also urge the Cambodia government to immediately sanction the company and demand that they provide proper compensation to the victim and his family.
The AHRC also urges the Cambodia authorities to work for the people and enforce the rule of law in protecting land rights.
BACKGROUND INFORMATION:
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 office.
The land that was granted by the state 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. The company has provided no compensation to the villagers and the government continues to show little interest in resolving the dispute. Also, the government had not initiated any consultation with the local people whether the land concession will affect their agriculture. (See further: UA-013-2007).
SUGESSTED ACTION:
Please write to the authorities listed below to urge them to intervene. Please urge them to investigate the business practices of the company involved. Also, please urge the company and government to apologize to the victim and provide proper compensation for all the damage and trauma by the fire.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
CAMBODIA: Investment firm’s alleged negligence destroys family home in blaze and then provides no compensation
Victims:
1- Oun Theun, a 27-year-old man with two children and wife
2- 936 families in O Kriang commune, Sambo district, Kratie province
3- 724 families equal to 3642 people in Khbal Dom Rey commune, Sambo district, Kratie province
Those who are allegedly responsible:
1- Manager of the Global Agricultural Development Cambodia Co. Ltd
2- Commune chief of the Khbal Dom Rey commune and the officials of the Sambo district authority
3- Ministry of Agriculture, Forestry & Fisheries
Date of incident: Oun Theun’s house was burned to the ground on 13 January 2007; 9800 hectares of land have been bulldozed and cleared since 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 the destruction of a house belonging to a 27 year-old farmer and father of two named Oun Theurn that was burned to the ground after it was engulfed in flames that had allegedly spread from a fire caused by the Chinese investment company Global Agricultural Development Cambodia Co. Ltd., who have also been at the centre of the Kratie land dispute.
I have also learned that after the victim reportedly demanded 3 million Riel (USD 770) in compensation the company refused to negotiate with him and has since made little effort in resolving the dispute. I am also appalled to hear the government authorities have done nothing to help the family and are in fact avoiding the situation. It is shameful that the provincial officials are refusing to deal with the incident.
I strongly urge the Cambodian government to take action against this company for allegedly destroying the property of the Oun Thurn and his family. Article 53 of the Cambodian Criminal Law (UNTAC Law) clearly states that anyone who defaces or attempts to voluntarily deface property via fire or an explosive substance they shall be found guilty of a misdemeanor act involving voluntary arson. This crime caries a one to three year prison term and is doubled if the destroyed property is a dwelling of one or more persons.
I also urge the Kratie provincial governor to conduct an independence inquiry into the business practices of the Chinese company over the destruction of Oun Thurn home. If it is proven that the company is responsible for the homes destruction, they must immediately be sanction by the government and ordered to provide proper compensation to the victim and his family.
I want to again draw your attention that the land concession that was granted by the government is seriously affecting the villagers’ livelihoods. According to the village chiefs, the people have been in the area since the 1980. 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 therefore urge the Cambodia authorities to work for the people and enforce the rule of law in protecting land rights.
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. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
Tel: +855 12 970 608
Fax: +855 23 881 045
E-mail: info@pressocm.gov.kh
3. Mr. Eng Chhai Eang
Member of Parliament
Vice President of the National Land Dispute Authority
# 71 Sothearos Blvd, Sangkat Tonle Basac,
Khan Chamcar Morn
Phnom Penh
Cambodia
Tel: +855 12 73 1111
Fax: +855 23 211 336
Email: srphq@online.com.kh
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. Mr. Kham Pheurn
Kratie Provincial governor
Beoung Kalou Village
Kratie commune, Kratie district
Kratie province
CAMBODIA
Tel: 855- 12 923 937
Fax: 855- 72 971 416
8. Mr. Choung Seang Hak
Police commissioner
Beoung Kalou Village
Kratie commune, Kratie district
Kratie province
CAMBODIA
Tel: 855- 12 885 838
Fax: 855- 72 971 444
9. Mr. Ean En
Chief of Kratie Provincial court
Beoung Kalou Village
Kratie commune, Kratie district
Kratie province
CAMBODIA
Tel: 855- 12 809 422
Fax: 855- 72 971 414
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)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
