ARTICLE

On September 2, 2005, six members of the Kbal Spean community who were evicted from their village on March 21 this year presented information about their case and appealed to Father King Sihanouk, gov't leaders, NGOs and UN agencies for a resolution of their situation following the press conference of the Special Rapporteur on Adequate Housing for the United Nations Commission on Human Rights.

Miloon Kothari came on a mission to Cambodia from August 22 until September 3 and researched a number of land and housing cases, including the case of the Kbal Spean community. For the event, a special report by the Cambodian Human Rights Action Committee (CHRAC) on the Kbal Spean community was released at the media conference outlining the situation prior to the deadly event, a recollection of what happened on March 21, and offering recommendations to the government, Non-Governmental Organisations (NGOs) and the judiciary.

The eviction in Kbal Spean village, near the Thai-Cambodian border at Poipet resulted in the shooting deaths of 5 villagers, injuries to at least 40 more (including 14 seriously injured) and the temporary detention of 30 people. Journalists and staff of various NGOs witnessed the eviction, and the case was heavily reported in the media. The extent of the violence and injuries shocked the public; however, to date no successful prosecutions have been brought for offences committed at the time.

The Kbal Spean case is unusual, even while it highlights the typical fate of poor communities suffering from misappropriation of land in rural Cambodia. The extent of the violence that transpired during the eviction was unprecedented. This case also differed from the current trend of land cases occurring in the capital, which typically involves the government taking property without paying land owners fair compensation.

The Special Rapporteur described the current land crisis in Cambodia as being one of the worst he has seen, highlighting the lack institutions within the society to resolve these kind of conflicts. Homelessness, landlessness and lack of resources, said Miloon Kothari, could eventually lead to a movement of revolt from communities affected by this growing trend. Landlessness in Cambodia is synonymous with poverty, urban migration, destruction of the extended family system, disassociation with ancestral land and ultimately death.

Mr. Kothari went on to say that the case of Kbal Spean is one of the few cases he studied where the complicity of authorities from various levels is so clear and emphasized the illegal role of the military in the eviction. He confirmed a special attention will be given by the United Nations to see this case resolved in accordance with international standards of Human Rights.

The Special Rapporteur was able to meet with some ministers to state the importance of a quick and just resolution of the Kbal Spean issue. Unfortunately, until the day of the conference, a request to meet with the Prime Minister was not granted.