STATEMENT

Resolution over the Land Disputes in Kbal Spean Village

Published on 25 May 2006; Cambodia Human Rights Action Committee (CHRAC)
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The Cambodian Human Rights Action Committee (CHRAC), a coalition of 21 local NGOS, is pleased with the reported resolution of the long-standing land dispute in Kbal Spean Village, Poi Pet Commune, Banteay Meanchey province. But CHRAC remains concerned by the lack of justice provided over the killings of five people during the 2005 eviction of Kbal Spean community.

Provincial authorities, reportedly acting on the instructions of the Prime Minister, last week negotiated a settlement between 218 families living on the land and their village chief, who had laid claim to all their land. The settlement permits the families, who had previously each had 10-meter-by-20 meter plots of land, to retain 8-meter-by-20 meter plots of land. The remaining land goes to the village chief.

While CHRAC regrets that the villagers, some of whom have lived there since 1997, will lose some land because of the settlement, it welcomes the ending of years of uncertainty and worry for them. To protect against any future attempts to take their land, CHRAC urges that local authorities issue definitive land titles to the families, for their plots of land as agreed in the settlement, as soon as possible.

It is regretful that this case could not have been resolved earlier, prior to it erupting into violence, without high-level government intervention. CHRAC urges the government to take measures to reform and strengthen the mechanisms -- the Cadastral Commission and the courts to ensure impartial and independent adjudications of land disputes.

CHRAC urges the Supreme Council of Magistracy to review the Banteay Meanchey Provincial Court’s actions on the Kbal Spean case, including the issuing of two verdicts (both ruling against the villagers) dated the same day but with different measurements of the land at issue, and punish any court officials who have acted improperly.

In addition, CHRAC urges continued judicial investigation into the March 21, 2005 eviction of the Kbal Spean community, in which five people were killed and at least 40 others injured when police and military police opened fire. The Court of Appeal should urgently hear an appeal by the villagers against the decision by the Battambang Provincial Court to drop murder, attempted murder or voluntary manslaugher charges against police personnel. The land dispute's resolution does not remove the need for justice to be provided to the families of those killed.

For more information, please contact:
 Mr. Lam Sovathara Monitoring Advocate of LICADHO Tel: 012 803 482
 Mr. Ny Chakrya Monitoring Head of ADHOC Tel: 012 920 730
 Mr. Sok Sam Oeun Executive Director of CDP Tel: 012 901 19 9
 Mrs. Nay Dina Executive Director of KID Tel: 011 924 286
 Mr. Chiv Youmeng President of KYA Tel: 012 772 271

PDF: Download full statement

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