STATEMENT

Condemnation of More Violence in Phnom Penh Land Cases

Published on 22 February 2008; Joint Organizations
F T M

Cambodian and international human rights organizations are united in condemning two separate violent incidents, which have resulted in blood shed over land in Phnom Penh within the past 48 hours at the Reak Reay and Russey Keo communities. The Housing Rights Task Force (HRTF), NGO Forum on Cambodia, LICADHO, Community Legal Education Centre (CLEC), Sahmakum Teang Tnaut (STT) and Bridges Across Borders deplore these violent acts and call on the Royal Government of Cambodia to impose an immediate moratorium on evictions until effective legal protections are made available for persons affected by evictions.

Khmuonh commune, Russey Keo district
About 100 heavily-armed local police and military police on the morning of Friday, 22 February forcibly evicted 23 households. This eviction resulted in injury to at least four villagers, one with a serious head wound, and the arrest of eight others. As part of the eviction, the police fired two tear gas canisters at the residents and fired dozens of AK-47 bullets into the air to intimidate and threaten the community. Numerous gunshots struck a nearby dilapidated vehicle, which had been used to store gasoline, which exploded.

Two mechanical excavators then quickly demolished the 23 houses, most of which were large concrete or wooden dwellings. The authorities permitted only some of the residents to remove their possessions first. None of the victims have received any compensation for the loss of their houses, nor have they received alternative land or shelter. They were given one day’s notice of the eviction.
The 23 families say they have been living at the site, in Banla S’et village, Khmuonh commune, since around 1994. They had been recognized by local authorities and granted family books and other documents. However, around 2005, several businesspeople claimed that they owned the land and went to court seeking the residents’ eviction. Despite their long-standing tenure at the site, the residents lost the case in the courts, including at the Supreme Court which authorized today’s eviction.

Despite the Supreme Court’s authorization, this was an illegal forced eviction because of the excessive use of force, the lack of compensation paid in advance to the victims for their demolished homes and belongings, and the fact that they have been rendered homeless. Each of these acts is a violation of international law.

“This case illustrates the excessive violence often used by police and other authorities in evictions,” said Phann Sithan, Coordinator of the Housing Rights Task Force (HRTF). “Sending officers armed with pistols and AK-47s to evict unarmed people is unacceptable and a recipe for bloodshed.”

“The deaths of two unarmed civilians during a brutal eviction in Preah Vihear province in November shows what can happen in these situations,” said Naly Pilorge, director of LICADHO. “Unless the government wants the same thing to happen again, in other provinces and in the middle of Phnom Penh, it needs to radically change the way that it deals with land disputes.”

“Developers in Cambodia are making millions of dollars from these land ‘acquisitions’ and it is totally unacceptable that Cambodia’s most vulnerable families are being subjected to these repeated acts of violence, threats and abuse,” said Hallam Goad, advisor of Sahmakum Teang Tnaut.

Tonle Bassac, Chamcarmorn district
Violence occurred in another land dispute on the afternoon of Thursday, 21 February, in Reak Reay community, Phoum 8 in Sangkat Tonle Basaac. Canadia Bank has been developing the plot of land directly to the west of Reak Reay, and to prevent any unintentional encroachment by Canadia Bank, the Reak Reay residents placed border markers to demarcate their own land from that of Canadia Bank.

Yesterday afternoon Canadia’s construction workers trespassed upon Reak Reay’s land and began removing the markers. When the community non-violently joined hands around the markers to block this, the construction foreman gathered around 20 more construction workers armed with sticks and rocks and at least four Ministry of Interior (MoI) police officers in an attempt to intimidate the Reak Reay villagers. After the construction workers began pelting the villagers with rocks and debris, the villagers began vocally protesting. Within minutes, the foreman intentionally and deliberately struck one of the villagers on the head with a large stick that had nails sticking out of it. The victim was knocked unconscious, and fell face down into a water ditch. Only after community members took him to the hospital, where he received six stitches, did he recover consciousness.`

While all of this occurred the MoI police looked on in silence and refused to protect the Reak Reay villagers.

“We do not condone the violence used by the villagers but the fact is that it was started by the construction workers,” said LICADHO president Kek Galabru. “This type of intimidation and provocation has also been faced by Dey Krahorm and Group 78, the other Tonle Basaac communities facing eviction.”

“The Tonle Basaac communities are only asking for what they are entitled to under the law fair and just compensation for the loss of their land” said Chum Narin, Unit Head of CLEC’s Land and Natural Resource Program. “If the authorities and private developers would negotiate with them in good faith, and offer them fair compensation, incidents such as yesterday’s at Reak Reay would not occur.”

“This is proof positive that forced evictions are taking place in Cambodia, and the abuses of the last two days should serve as a wake-up call to the government officials and spokespersons who continue to deny their existence,” said David Pred, Cambodia Country Director of Bridges Across Borders.

Conclusion
Civil society organizations reiterate our call for the Cambodian government to immediately impose a moratorium on all forced evictions until a legal framework that respects human rights is in place. We believe it is time for the national government, international community and civil society to join together to prevent these acts of violence and all forced evictions.
For the two incidents which have occurred over the past 48 hours, the first step must be providing humanitarian assistance and shelter for the victims of the eviction. The second step must be ensuring justice for the victims of violence through the criminal prosecution of all persons who have used excessive violence. The third step should be compensating all victims who have lost their homes and livelihoods. The final step must be a new partnership between all stakeholders to ensure

For more information, please contact:
 This statement is endorsed by:
 Cambodian League for the Promotion & Defense of Human Rights (LICADHO)
 Community Legal Education Centre (CLEC)
 NGO Forum on Cambodia (NGOF)
 Housing Rights Task Force (HRTF)
 Sahmakum Teang Tnaut (STT)
 Bridges Across Borders (BAB)

PDF: Download full statement in English - Download full statement in Khmer

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