Topic: Land IssuesBriefing Paper: LICADHO/LICADHO Canada: Dey Krahorm Land Case Explained Briefing Paper
Published on January 22, 2008; This document aims to explain the land case involving the Dey Krahorm community in Phnom Penh, Cambodia. It was compiled as an advocacy and legal tool to support the families who continue to live on the site and to challenge the legality of the contract which threatens to cost them their land.
The report was researched and written by LICADHO Canada. It is based largely on documents and other information provided by community representatives of Dey Krahorm, and NGO partners involved in the case. LICADHO Canada would like to thank the community representatives and NGOs for providing information, comments and advice throughout the research; specifically Community Legal Education Center [CLEC] and LICADHO.
Published on January 9, 2008; Since the night of Saturday January 5, 7NG company workers and police have persistently attempted to place roadblocks on the two main public streets leading to Dey Krahorm village in Phnom Penh, repeatedly provoking confrontations with community residents which culminated on the night of January 7 with the burning of a truck used in one of the roadblocks. Residents claim that it was 7NG workers themselves who set the truck alight, in order to accuse the community of doing it.
Published on January 8, 2008; The 7NG company and Phnom Penh authorities are deliberately creating an extremely volatile situation through their renewed provocative actions toward the Dey Krahorm community, LICADHO said today.
"This campaign of provocation and harassment of the community must be stopped before it further spins out of control," said LICADHO director Naly Pilorge. "The company and the authorities seem to be playing a very dangerous game of trying to incite disorder by the community at any cost, in order to be able to blame them for whatever occurs."
For the past three nights, 7NG workers and police have persistently attempted to place roadblocks on the two main public streets leading to Dey Krahorm, provoking repeatedly confrontations with community residents which culminated last night with the burning of a truck used in one of the roadblocks. Residents claim that it was 7NG workers themselves who set the truck alight, in order to accuse the community of doing it.
Published on December 4, 2007; LICADHO is deeply concerned by the ongoing provocative actions of the 7NG company toward the people of Dey Krahorm, whom it is trying to evict.
The most recent incident occurred last night when 7NG employees attempted to bring a large mechanical excavator into Dey Krahorm, which provoked an angry reaction from community residents who feared the earth-moving machine would be used to knock down their houses.
About 8pm, a large truck carrying the mechanical excavator stopped on the road outside the south entrance to Dey Krahorm. Local residents gathered along the roadside and asked the 7NG employees not to enter their community land with the excavator at night-time. Ignoring their requests, the truck driver began reversing the vehicle onto the Dey Krahorm land, clearly intending to unload the excavator there. As a crowd of people gathered round, another 7NG employee in the cab of the excavator began moving the machine's mechanical arm in the direction of the crowd - an extremely dangerous act which could have led to injuries.
Published on November 22, 2007; The government and courts must take strong action to investigate and punish police and military personnel responsible for serious abuses - including the alleged execution of a woman in front of her children - during the November 15 land eviction in Preah Vihear province.
According to eyewitnesses, the two people shot dead during the eviction, Mr Oeun Eng, 31, and Mrs Toeun Chheng, 29, were unarmed and posing no threat to the authorities at the time of their shootings.
Mr Oeun Eng was shot in the chest, reportedly by a uniformed man hidden in bushes some distance away, and died almost immediately. Another man standing next to him was shot in the shoulder but survived. The two men were standing amidst a group of people, most of whom leapt to the ground by the authorities began shooting; they may have been shot simply because they were too slow to get to the ground. The fact that both men were shot in the upper body indicates the bullets were fired directly at them.
The death of Mrs Toeun Chheng is even more disturbing. According to further investigation by LICADHO, initial reports that she was shot while protesting the arrest of her husband were incorrect. In fact, according to multiple witnesses, she was shot in cold blood by police while she was alone with her four children at her house.
Published on November 22, 2007; A collection of photos taken the first and second day passed the deadly eviction of 317 families in Preah Vihear
Published on November 16, 2007; LICADHO is gravely concerned by the killings of two people during a land eviction in Preah Vihear province and calls for the government to quickly launch a full investigation into the shootings.
An initial investigation by LICADHO indicates the excessive use of force by the authorities, and the unlawful participation of soldiers in the eviction. In addition, the eviction violated an agreement signed by local authorities stating that the villagers could remain temporarily on the land until a resolution to the dispute was found.
The shootings occurred on the morning of Thursday, November 15, when more than 150 police, military police, soldiers and Forestry Administration officers violently evicted a group of 317 families who had settled on land in Choam Ksan district of Preah Vihear. According to eyewitnesses interviewed by LICADHO, the authorities made no attempt to warn or negotiate with the people on the day of the eviction.
Published on November 7, 2007; At around 4am on November 2, 2007, more than 300 mixed police forces with two mechanical excavators - led by Russey Keo Governor Mr. Khleang Huot - came under the cover of darkness to demolish houses belonging to 132 families living in Chong Chruoy village, Chruoy Changva commune, Russey Keo district, Phnom Penh.
The mixed forces blocked access to the eviction site and prevented human rights workers as well as media from monitoring and reporting on the eviction. During the forced eviction, the authorities confiscated the camera of an observing Member of Parliament, H.E Nou Sarath from the Sam Rainsy Party and two cameras belonging to a staff member of the Housing Rights Task Force, a coalition of NGOs focusing on urban eviction issues.
Published on November 3, 2007; The Housing Rights Task Force (HRTF), Cambodian Human Rights Action Committee (CHRAC) and The NGO Forum on Cambodia deeply regret the action taken by authorities of Khan Russey Keo to demolish houses and evict 132 families from Chong Chrouy village, Sangkath Chruoy Changva, Khan Russey Keo, Phnom Penh, on November 2, 2007.
Investigation of this event by civil society organizations disclosed that at approximately 5am, a mixed force of 300 men led by Khan Russey Keo Governor Khleang Huot blocked access to the eviction site to prevent human rights defenders as well as reporters from monitoring and reporting these actions. During this forced eviction, the authorities threatened and confiscated the camera of an observing member of national parliament. In addition, authorities hired workers to destroy people's houses and in doing this arbitrarily looted people's properties.
Published on October 25, 2007; The Cambodian League for the Promotion and Defense of Human Rights (LICADHO) deplores the prison sentence given this week to a community representative involved in a long-running land dispute in Siem Reap.
Despite an overwhelmingly lack of evidence against her, 24-year-old So Socheat was convicted in the Siem Reap Provincial Court on October 22 of committing battery with injury and destruction of private property. Judge Kun Sokhal sentenced her to eight months in prison and a 500,000 riel (US$125) fine.
Although Socheat was accused of assaulting a police officer, the only evidence of battery with injury presented to the court was the opposite - that police officers had in fact beaten Socheat.
Published on October 17, 2007; LICADHO strongly condemns last night's violent abduction and deportation by authorities in Phnom Penh of land protesters who had come to the capital from Svay Rieng province. This action was unacceptable and a blatant violation of Cambodians' Constitutional rights to freedom of expression and assembly.
Shortly before 7pm, approximately 80 police and military police - some armed with pistols - surrounded the group of about 200 Svay Rieng villagers camped in the park outside Wat Botum near the National Assembly. The villagers, who had only arrived at the park a few hours earlier, were forced into vehicles including two buses and sent back to Svay Rieng. According to witnesses, some of the villagers were beaten during the raid on the park, and two persons were later taken to hospital unconscious. NGO workers were blocked by authorities from entering the area, but heard cries coming from the villagers.
Published on October 4, 2007; On September 27, 2007 the Dey Krahorm community, in Phnom Penh organized a peaceful media conference which was attended by 200 villagers and 20 7NG security guards. The media conference was meant to bring attention to the situation of the Dey Krahorm community who are at risk of being evicted from their homes by 7NG. During the conference, community representative, Touch Raotha was involved in a scuffle with a 7NG security guard. Police are alleging that Touch Raotha damaged the security guard's camera phone when he attempted to take a photo of her.
Published on September 27, 2007; LICADHO is concerned that Phnom Penh police may seek to arrest a representative of the Dey Krahorm community on unjustified allegations of stealing or damaging a mobile phone.
The community representative, a woman, was involved in an incident with a 7NG company security guard during a news media conference by the Dey Krahorm community this morning. The security guard approached the woman, who was standing several meters away from the media conference, and attempted to photograph her with his mobile phone. The woman brushed the security guard's hand away, trying to prevent him from photographing her, and the phone fell to the floor. The security guard then left the area, without picking up his telephone, and made a complaint to local police that the woman had stolen his phone. The phone was later given to the police by Dey Krahorm community members.
Published on September 16, 2007; On the morning of 20 April 2007, a mixed group of some 150 Royal Cambodian Armed Forces personnel, military police, and civilian police armed with guns, electric batons, shields and tear gas forcibly evicted 105 families from Mittapheap District, Sihanoukville
Published on August 30, 2007; The Housing Rights Task Force (HRTF) condemns the manner and tactics used by the military police and 7NG in yesterday's eviction of homes at Deykrahorm, or Red Earth village in, Chamkarmorn, Phnom Penh yesterday.
In particular, we reject the use of "construction workers" armed with crowbars and hatchets to disperse the villagers, the use of force in handcuffing individuals and decision by the police to not protect a villager when a 7NG employee physically assaulted her. Mr. Pa Socheatvong, the Phnom Penh deputy governor's description of the incident as a "small non-violent confrontation" (Cambodia Daily, August 30, 2007) is misleading and incorrect. Photographic and video evidence clearly show an excessive use of force by the police.