CAMBODIA: Corruption; collapse of the rule of law; illegal deprivation of the land; illegal destruction of property
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Dear friends,
The Asian Human Rights Commission (AHRC) has learned that on 12 November 2006, ruling party (CPP) senator and tycoon Ly Yong Phat signed an agreement that guarantees villagers the rights to live on their land in Chi Khor Leu commune at Sre Ambel district in Koh Kong province. Under the agreement, Ly Yong Phat’s company will continue to plant sugarcane around the villages but only on the portions of land that is owned by the state. However, Senator Ly Yong Phat and his privately hired police force has not been held accountable for the illegal and forced eviction of 120 families in September 2006.
According to the latest information we have received, Koh Kong’s Deputy Governor Bin Sam Ol, Sre Ambel district Deputy Governor Sour Sitha, the Chief of Chi Khor Leu commune Sin Kheam and Heng San who is the representative of Ly Yong Phat have all signed the agreement between the village’s representatives as well as representatives of human right groups. The company representatives had agreed that even if they don’t have land paper documents, villagers will be able to use witnesses to establish that they live on the land and are therefore its owners. The Koh Kong province authority also mentioned that if one has enough documents to prove they own the land they can also claim ownership.
To briefly remind you this case, on 19 September 2006, 250 families had been evicted from their village forcefully by senator and tycoon Ly Yong Phat who was working in collaboration of the police at Chi Khor Leu commune at Sre Ambel district in Koh Kong province. The police destroyed the villagers’ crops and houses with a bulldozer and brutally attacked the villagers who resisted the eviction. Five villagers were reportedly injured during the assault and two others were wounded by police gunfire (See further: UA-321-2006).
The AHRC is pleased to hear that a solution has been reached between Senator Ly Yong Phat and the villagers, which guarantees that local residents can no longer be forced from their land. This is the first time that the provincial authority has participated in a land dispute solution.
Although these developments are positive, the AHRC points out that Senator Ly Yong Phat and his privately hired police force are still responsible for the destruction of crops belonging to the villagers and for the injuries sustained by the victims of the earlier forced eviction. Senator Ly Yong Phat and the police officers involved must be held accountable for the crimes they committed against the villages. They must provide appropriate compensation to the victims of the forced eviction for the injuries they sustained as well as for their lost crops. The Cambodian government must also lift the parliamentary immunity status from the senators when they commit such crimes against their own people.
The AHRC urges the Cambodian government to take immediate measures to issue land ownership to the people of Chi Khor Leu commune who still risk having their land appropriated by high ranking government officials or private companies. We also urge the Cambodia government offer clear ownership status to villagers before granting the land to private companies. Moreover, we also urge donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this abuse of power by the rich and powerful in the serious matter of land disputes and continuous evictions in Cambodia.
SUGESTED ACTION:
Please write to the relevant authorities mentioned below urging them to investigate the Senator’s role in the brutal eviction of the 250 villagers and to ensure that they are fully compensated for their crops that were destroyed.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
CAMBODIA: Tycoon senator signs an agreement that guarantees villagers have a right to live on their land; but is not held accountable for illegal eviction
Victims: 250 families in Chi Khor Leu commune, Sre Ambel district, Koh Kong province, who are affected by forced eviction
Alleged perpetrators:
1. Senator Mr. Ly Yong Phat, who owns Agriculture Duty Free-Shop Development Company
2. Policemen who were involved in illegal eviction of 250 families in Chi Khor Leu communie on 19 September 2006
I am greatly pleased to hear that on 12 November 2006, ruling party (CPP) senator and tycoon Ly Yong Phat signed an agreement that guarantees villagers the rights to live on their land in Chi Khor Leu commune at Sre Ambel district in Koh Kong province. Under the agreement, Ly Yong Phat's company will continue to plant sugarcane around the villages but only on the portions of land that is owned by the state
According to the information I have received, Koh Kong's Deputy Governor Bin Sam Ol, Sre Ambel district Deputy Governor Sour Sitha, the Chief of Chi Khor Leu commune Sin Kheam and Heng San who is the representative of Ly Yong Phat have all signed the agreement between the village's representatives as well as human right activists. The company representatives had agreed that even if they don't have land paper documents, villagers will be able to use witnesses to establish that they live on the land and are therefore its owners. The Koh Kong province authority also mentioned that if one has enough documents to prove they own the land they can also claim ownership.
I understand that this agreement has come in light of the September 19 forced eviction of 250 families. I was told that the villagers were evicted from their land forcefully by senator and tycoon Ly Yong Phat who was working in collaboration of the police at Chi Khor Leu commune at Sre Ambel district in Koh Kong province. The police destroyed the villagers' crops and houses with a bulldozer and brutally attacked the villagers who resisted the eviction. Five villagers were reportedly injured during the assault and two others were wounded by police gunfire.
Considering these circumstance, I am very pleased to hear that a solution has been reached between Senator Ly Yong Phat and the villagers, which guarantees that local residents can no longer be forced from their land. I understand that this is the first time that the provincial authority has participated in a land dispute solution.
Although these developments are positive, I would like to point out that Senator Ly Yong Phat and his privately hired police force are still responsible for the destruction of crops belonging to the villagers and for the injuries sustained by the victims of the earlier forced eviction. Senator Ly Yong Phat and the police officers involved must be held accountable for the crimes they committed against the villages. They must provide appropriate compensation to the victims of the forced eviction for the injuries they sustained as well as for their lost crops.
I also request you to suggest the Cambodian government to lift the parliamentary immunity status of senators when they commit such crimes against their own people. I also hope you to take prompt and positive measures to issue land ownership to the people of Chi Khor Leu commune who still risk having their land appropriated by high ranking government officials or private companies. Moreover, I ask you to suggest the Cambodia government to offer clear ownership status to villagers before granting the land to private companies. Finally, I urge donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this abuse of power by the rich and powerful in the serious matter of land disputes and continuous evictions and to establish the rule of law in Cambodia.
Sincerely yours,
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PLEASE SEND YOU 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. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855-23-36 41 19/21 66 22
3. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Tel/Fax: +855-23-21 65 85/22 09 52
4. Mr. Youth Phou Thang
Governor of Koh Kong province
Koh Kong Cabinet office
Koh Kong province
CAMBODIA
Tel/ fax: 855-35-93-6049/35-93-6046
5. Mr. Douglas Gardner
UNDP resident Representative in Cambodia
Resident Coordinator of United Nations/ UNRC
NX 53, Pasteur Street, Boeung Keng Kang I,
Chamkar Mon, Phnom Penh,
CAMBODIA (P.O.Box 877)
Tel: +855-23-214371/214397/211240/211205/216167/216217/213094
Fax: +855-23 216257/721 042/216 863/210 214
6. 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
7. 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)
8. Mr. Miloon Kothari
UN Special Rapporteur on adequate housing
Att: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR, CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
