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Briefing | Harmful Effects of Economic Land Concessions on Poor Cambodians
20 November 2005
In 2001, the Cambodian government instituted a new land law in part to standardize the awarding of economic land concessions which, hitherto, were governed by little legislation which, in any event, was mostly ignored. Economic land concessions in Cambodia normally involve very large tracts of land and are similar to long leases; they are usually for 70 years with a right of extension. The land law provided a general framework for economic land concessions and called for adopting administrative rules which the government is nearly finished preparing. It is doubtful, though, that the government and concessionaires will respect this greatly improved framework, and therefore doubtful that the well-documented abuses of the past will cease. These abuses had important social, economic, cultural and environmental consequences involving the dispossession and impoverishment of local populations. They also led to many conflicts.
Article | Arrests for defamation calls into question freedom of expression
21 October 2005
On 11 October, 2005 at approximately 7 am, Mr Mam Sonando, director of Beehive Radio FM 105, was removed from his house in Kean Svay Districtm Kandal Province. He was arrested without warrant by Kandal Police and was witnessed by media representatives and NGO workers.
On the same morning Mr Mam Sonando was brought before the Phnom Penh Municipal Court where he was charged with defamation under Article 63 of the UNTAC Law. The charges related to the broadcasting on 20 September 2005 of a radio interview between Mr Mam Sonando and Mr Sean Pengse, the former President of the Paris-based Cambodia's Border Committee.
Statement | Call for Assistance for Drought Disaster in Kampong Speu Province
22 September 2005
Recently, CHRAC has learned about severe draughts in several provinces in Cambodia due to lack of rain, particularly in Kampong Speu Province, which has caused some Cambodian farmers to suffer from lack of food. In addition we have also heard poor people appealing to their leaders, without consideration of political loyalties, for immediate food assistance, as well as for water support to their rice fields and plantations. These calls follow a promise made by the head of government who claimed that he would not allow any Cambodian to die of hunger or to have violated his/her right to food and life.
Article | Further land abuses in Phnom Penh perpetuates the cycle of poverty, violence
19 September 2005
On the 9th of September 2005, the Governor and Deputy Governor of Khan Russei Keo led approximately 100 armed civilian and military police, together with bulldozers and approximately 20 workers to demolish 200 private houses occupied by squatters. This incident continued the dangerous trend by authorities of illegally evicting squatters and reappropriating land, through violent and destructive means.
In the course of the eviction the authories destroyed the houses of 545 families, including their personal belongings. One resident was also injured during the eviction and was treated by the LICADHO Medical Office. The local authories did not carry out the eviction peacefully, nor did they obtain the proper warrants for the eviction or provide the residents with the required notice period. The eviction was a clear violation of legal procedures and an illegal act of destruction of private property.
Statement | Recommendations for Draft Law on Anti-Corruption to Meet International Standards
19 September 2005
After receiving on 8 August 2005 the draft Law on Anti-Corruption dated 30 June 2005, civil society organizations have analyzed and found that, though the current draft has more comprehensive corruption related offence provisions than the earlier draft with a clearer role to the Secretary General to enforce the law, and includes a Chapter on international cooperation, it is necessary that some more improvements be made to the draft to meet international standards as committed by the Royal Government during the CG meeting with international donors in December 2004.
Therefore, we, the Civil Society Organizations against Corruption, would like to make some recommendations and would like to ask that the government carefully review the draft and incorporate into the draft the following important items:
Statement | Statement on House Destruction in Russei Keo
14 September 2005
The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGOs, is very disappointed at the authorities in Khan Russei Keo for pulling down the houses of 545 families in Sangkat Phnom Penh Thmey, Khan Russei Keo, Phnom Penh City.
On 9th September 2005, the Governor and Deputy Governor of Khan Russei Keo led approximately 100 civilian and military police and brought bulldozers and about 20 workers to demolish 200 private houses and destroy the property they were built on.
Article | Kbal Spean community continues to fight for its land, life, livelihood
7 September 2005
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.
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Report | High Price of Land: The Deadly Eviction of Kbal Spean
1 September 2005
This case study discusses the mass eviction that took place on 21 March 2005 in Kbal Spean village, near the Thai-Cambodian border at Poipet. The eviction resulted in the shooting deaths of 5 villagers, injuries to at least 40 more (including 14 seriously injured) and the temporary detention of 30. Journalists and staff of various Non-Governmental Organisations (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.
Statement | Judge Selection for Khmer Rouge Tribunal
24 August 2005
The members of the Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGO members, is concerned about the lack of information concerning the process through which judges will be selected by the Royal Government of Cambodia. The government has not released a list of the candidates to be considered, the criteria by which they will be evaluated, or information about the process and timeframe for recruitment and selection. CHRAC respectfully asks the Government's Khmer Rouge Trials Task Force to make this information public, in order to strengthen this critical process.
Statement | Charges Dropped against the Accused of a Killing Case in Kbal Spean Village
17 August 2005
The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGOs, would like to express its dissatisfaction with the Battambang Provincial Court for dropping charges against 128 police, military police and civilians accused of killing five villagers and injuring eight others during a forced eviction on March 21, 2005 in Kbal Spean Village, Poipet Commune, O' Chrov District, Banteay Meanchey Province. Victims sustained extensive property damage during the eviction.
Article | Unjust trial of opposition parliamentarian leads to conviction, 7 years
9 August 2005
On Tuesday morning August 9, Military Court Judge General Nay Thol sentenced opposition Law maker Cheam Channy to 7 years Imprisonment on charges of organizing illegal armed forces and committing fraud, despite lack of credible testimony or evidence to back up charges.
LICADHO condemns the August 8 trial of Cheam Channy, a parliamentarian for the Sam Rainsy Party, which should not have been held in the Military Court. The Military Court does not have jurisdiction over civilians such as Cheam Channy. LICADHO is also deeply concerned by the grossly unfair treatment of Cheam Channy during the course of the trial.
Statement | Trial of H.E. Cheam Channy, SRP Member of Parliament
8 August 2005
The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 local NGOs, closely followed the trial proceedings at the Military Court on August 8th, 2005 to try H.E. Cheam Channy, a member of parliament from the opposition party.
During the hearing, CHRAC observers noted that there was a lack of adequate evidence or credible testimonies to support the charges, of organized crime and committing fraud, against H. E. Cheam Channy by the prosecutor. CHRAC members observed many procedural violations, including the following:
Statement | Unjust Verdict Issued by Phnom Penh Municipal Court in Chea Vichea Case Against Born Samnang and Sok Sam Oeun
3 August 2005
The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGOs, is deeply concerned by the Phnom Penh Municipal Court's guilty verdict for Born Samnang and Sok Sam Oeun, accused of the murder of Chea Vichea, Free Trade Union leader and Sam Rainsy Party activist. They were each sentenced to 20 years in prison and ordered to pay $5,000 compensation each to the plaintiff.
CHRAC considers the verdict, returned on August 1, 2005 by Judge Kong Set, as unfair and based on political bias rather than on independent and reasonable judgment.
Statement | Influence of Political Party over Parliamentary Membership
29 July 2005
Civil Society Organizations are deeply concerned on the decline of the rights and function of Member of Parliament (MP) mainly the freedom of expression. Civil Society Organizations have noted that political Parties influence has been increased, mostly political leader over the MP in 1st legislation started from the parliamentary membership withdrawal of H.E.Mr. Sam Rainsy from FUNCINPEC 3 senators; H.E.Mr. Chhang Song, H.E.Mr. Phay Siphan and H.E.Mr. Pou Savath; of Cambodian People Party (CPP), and the recently attempt for parliamentary membership withdrawal of H.E.Mr. Khem Veasna from Sam Rainsy (SRP).
Article | Cambodian government sends back Vietnamese Montagnards subjected to mistreatment
20 July 2005
On Tuesday, July 19, 2005, approximately one hundred (100) Montagnards whose applications for refugee status had been rejected by UNHCR were handed over to Cambodian officials for deportation proceedings. UNHCR’s decision came despite protestation by its implementing partner, the Jesuit Refugee Service (JRS), that some of those being forcibly returned had “fair claims” for refugee status.
Statement | CHRAC Condemns Forced and Violent Repatriation of 100 Montagnards
20 July 2005
The Human Rights Action Committee (CHRAC), a coalition of 18 local NGOs, is deeply concerned by today's forced and violent repatriation of 100 Montagnards in Cambodia to Vietnam. The CHRAC condemns the deportation including the extensive use of electric batons which was used against the Montagnards by Cambodian police while loading them onto buses to begin the deportation from a center in Phnom Penh. This was despite the fact that the Montagnards did not act violently, but only tried to passively resist being taken away.
Article | Land concession threatens Phnong livelihood and culture
19 July 2005
On August 9, 2004, the Cambodian government agreed to give land in Mondulkiri province to the Wuzhishan L.S. Group, a Cambodian-Chinese company, to operate a pine tree plantation. While Cambodia's Land Law restricts land concessions to a maximum of 10,000 hectares, the Cambodian government agreed in principle to give Wuzhishan Group a total of 199,999 hectares. It approved an immediate 10,000 hectares for testing and planting, with the remainder to be given later after further deliberations and discussions with Cambodia's foreign donors.
Statement | Position of the Coalition of Civil Society Organizations to the Senate Election Process
6 July 2005
The coalition of civil society organizations has noticed that the Senate and the National Assembly, who adopted the proposed law on election of members of the senate, plan to elect senators as a result of the votes of members of both the national assembly and commune council. The coalition of civil society organizations, however, strongly regrets that recommendations of the coalition, electoral stakeholders, and political parties are not included in the Senate Election Law.
Statement | End the Conflict in the Bar Association
5 July 2005
The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGOs, is strongly disappointed by the decision made on June 30 by the Phnom Penh Municipal Court's prosecutor to condemn Mr. Suon Visal and his colleagues for "counterfeiting a seal and letterhead."
CHRAC believes that the accusations made by the prosecutor run counter to legal principles because they lack criminal action; the new stamp was made with majority support of the Bar Council and Mr. Suon Visal had informed all relevant authorities about this new stamp. He therefore did not commit any crime.
Statement | Indepentent Police Complaints Body Needed
29 June 2005
Cambodia should establish an independent body to receive and investigate complaints of torture and other abuses committed by police officers, according to LICADHO.
"Torture is all too common in Cambodia and it is time for meaningful action to prevent and punish this brutal practice," said Kek Galabru on June 26, the United Nations International Day in Support of Victims of Torture. "Establishing an independent agency to investigate such abuses committed by the police is long overdue."