The occasion of International Human Rights Day, December 10th, 2006 is the 58th anniversary of the universal declaration on Human Rights that was passed on December 10th, 1948. The Cambodian Human Rights Action Committee (CHRAC), a coalition of 23 NGO members, extends its appreciation for the efforts of the Royal government for making a number of progresses for the respects for human rights. However, we have noticed a great deal of impediments in the application of principles of human rights, democracy and policy for reduction of poverty such as:

I. Land Issues:
The Action Committee noted that land disputes which lead to human rights violation remain as a critical issue and as one of the reasons that affect seriously the livelihood of people such as right to life, right to appropriate shelter, and right to adequate food etc. The eviction of people from their households so as to claim land for powerful, private company and businesspersons without appropriate compensation for people made people become poor, in addition, they have lost their job or occupation in making income generation. Virtually, the forced eviction against people more than 1000 families in Sambok Chab village and 168 families in Preah Monivong A.B community in Phnom Penh earlier and presently, presently hey are facing seriously with the living and health issues.

The concerns over the large scale of economic land concession remains continue and some land concessions are larger than the land size determined under the land law and those land concessions were not assessed on environmental and poor community affect. Obviously, the people of 205 families in CHIKHOR Leu Commune, Sre Ambel District, Koh Kong Province are being suffered because of their land has been given as economic land concession to private company by royal government. Further more, a number of huge land concessions have affected natural resources such as forestry wildlife and religious belief of indigenous people etc and including leading to losing of occupation of people who making a living based on forestry and losing of right to consumption of
natural resources and so on.

Mr. Thun Saray, Chairman of CHRAC and President of ADHOC said that “Royal government shall guarantee the land and natural resources of Cambodia shall manage in a way that it will support the living and welfare of many people who live in Cambodian rural areas. Before offering economic land concession, royal government shall study on environmental impact before hand and shall implement the policy for land concession. In order to solve the landlessness and the land grabbing which are increasing and worsening, it is necessary to have a strong commitment from national level.

II. Corruption issue:

CHRAC concerns over the corruption which is the critical issue that cause poverty. The corruption is spreading all over the country especially the corruption in the judicial system, the majority of cases have been intervened and taken action according the law by authorities or by human right workers are finished in court, a number of other court cases have been dropped the charge without trial. Perpetrators have bought justice from the court and police officials and the court officials have tried to reconciliation the criminal offenses between victims and perpetrators in aim to gain benefits from that reconciliations. Recently, the World Bank has found the corruption connected with amount of USD 11.9 million in 43 projects of the royal government. In the same time, Economic Institute of Cambodia has evaluated in its researching findings that “the informal expenses paid by the private enterprises were approximately USD330 million in 2005. This evaluation report has also stated that State has lost the income tax for the amount of USD 400 million in 2005. In 2006 the authorities have prevented and detained not to run a clean hand campaign activity in support of Anti-corruption for seven cases in Phnom Penh including the confiscation of dissemination materials. These factors are contradictory to the triangle policy of royal government in its third term headed by Prime Minister Hun Sen who considered the anti-corruption as the core of the triangle policy for the growth, employment, equity and effectiveness.

The present corruption has been noted that it has destroyed in all sectors in society such as: the corruption in the field of politics has destroyed democracy and good governance through the violation of formal procedures. The corruption in the election and in the legislature has reduced the responsibility and representation for making decision. The corruption in the court has made destruction against the rule of law. The corruption in the public administration has made no justice in providing services, in addition, it has weakened the competence of government institutions such as the procedure are not respected, human resources have no chance to share knowledge and the public offices have not been bought and sold. In the same time, the corruption has destroyed the legitimacy of government and the values of democracy are not followed.

The CHRAC would like to recommend the government as below in order to speed up with the Anti-corruption law.

1- The draft anti-corruption law shall create the independent anti-corruption unit. This unit shall be given a mandate to do investigation against any individual regardless political tendencies or any interest. Truly, the anti-corruption unit can receive advice or direction from anti-corruption supreme council but the secretary general and general secretariat shall maintain the constant control over this unit. This point including the autonomous budget and allow the annual expenses.
2- Anti-corruption unit shall have power to investigate independently. The investigator of corruption must be judicial police with the power and duties as a police and those police shall not be responsible before the prosecutor but they shall be responsible only before the Secretary General. This point is of great importance in order to protect the competency of Anti-corruption unit. They shall have independent mandate in doing investigation of any corruption case and shall not be prevented by the office of prosecutor. 3- Declaration of property by civil servants shall be done, once again, this point, we would like to request Samdech, Prince, Princess, and His/Her Excellencies the members of the National Assembly shall be the model. While Samdech, Prince, Princess, His/Her Excellencies the members of the National Assembly who received the vote of confidence the vote owners, this means that Samdech, Prince, Princess, His/Her Excellencies shall be completely transparent in your financial works. In the same time, in order for Anticorruption unit can perform its tasks, the declaration of property must be included the properties of spouse officials and of children as well and the document for declaration of properties shall be allowed to open amid the
investigation.
4- Last point: Anti-Corruption law shall contain the provision on criminal offense in consistent with the criminal code and criminal procedure code. This point means that the provision on the confidentiality shall be firm and strong in order to protect victim and witness. In relation to the investigation, this law shall contain the special manner. If this Anti-corruption law shall not be in accordance the international standard as mentioned above then this to law will not be different from paper tiger, it seems looking strong but the reality, it has no power.

III- Issue of freedom of expression:

Concern over the restriction and suppression on the freedom of expression or rallies, the use of violence against the peaceful demonstration, strike remain continue, the request for demonstration or rallies seldom receive authorization, demonstration or rallies have always been dispersed by the forces of local authorities. These are the key obstacles in application of values of respect for human rights and democracy as guaranteed in constitution.

The Action Committee request for a full respect of law which are in force in particular the law that guarantee the freedom for organizing a peaceful demonstration and the freedom of expression in order to promote rule of law and the processes of democracy in Cambodia.

IV. Right to protection of human right workers:

The works of staff members of non-governmental organizations especially the works of the staff members of human rights organizations are of great deal of contributions in building of peace, meaningful and perpetual development of the country. Even though, human rights activists and leaders of civil society organizations were released in the beginning of 2006 but still we have noted that there still exist of threats against human rights activists who investigated the cases of human rights violations, and most recently, there is a threat against Mr. Pen Bunna, the Provincial Coordinator of ADHOC in Mondul kiri province. For some cases, the authorities have prevented human rights activist not to investigate in the location of incidents of human rights violations especially the cases of land disputes. Some human rights activists have been accused of inciting people to protest against the decision of authorities but the authorities do not recognize that their decisions have violated the land of people and people were not satisfied with that decision then they rallied to oppose against that decision but the authorities just turned to blame human rights workers.

The Action Committee urges the royal government to realize and consider the works of civil society are lawfully and valuable for Khmer society and to guarantee the works of human rights organizations free from any intimidations from the government officials, in addition, it is vital that human rights organizations and civil society organizations can fulfill their tasks without any prevention and any intimidation for their safety.

The Action Committee hopes that the civil society and the royal government can work as cooperation partners in construction of Cambodia in achieving of rule of law and promotion of respect for human rights.

V. Political violence and election:

The election f commune council is the important phase toward the construction of democracy in Cambodia. However, the Action Committee noticed that the killing, intimidation, threat and the political harassment are happening while Cambodia is preparing the commune council election to be held in 2007. The threats have seriously affected the environmental security and the freedom of participation of people in election and in political activities in the pre-election period. Obviously, since the dissemination of information on election, verification of voter list and the registration of voters in 2006 till today, there are violent cases in relation to the activists of political party in three provinces: Kampong Cham, Prey Veng and Kratje, within that violence, there were three killing cases (three people were killed) who were the party men of Sam Rainsy Party in which two killing cases in Prey Veng and another one killing case in Kampong Cham and one attempted killing case against the party man of Funcipec in Kratje. The wounded cases against the party men of Sam Rainsy Party in which two cases happened in Prey Veng province and another happened in Kampong Cham province. The dropping case of Funcinpec logo happened in Kampong Cham. All party men who were killed were the popular men in their respective areas. At last, they have conducted activities and brought people to take part in their political parties and actively participated in the phase of verification of voter list and in the registration processes such as the distribution of form number 1018 and taking of photo for registration.

The Action Committee understands that if the political violence remains continue, it would be a major obstacle affecting the processes of the forthcoming liberal democratic and fair election. As for, people as well as election candidate will afraid to join the political activities in particular during the communal election campaigns.

Dr. Kek Galabru, President of Licadho said that “ in order to reduce the human rights abuses and to prevent people not to commit the abuses of human rights, the only way is to legally punish against whoever committed the human rights abuses “.

The Action Committee requests the royal government to take the urgent and effective actions so as to protect and prevent the happening of political violence and to guarantee the rights and freedom of people. For Judiciaries, Armed forces and competent authorities shall be independent and neutral in fulfillment of the tasks in aim to create a good environment during the election.

VI. Issues of poverty:

Poverty is the major issue in our society. The poverty is not because of the bad deed from the former birth, the poverty is the issues of human rights, the abuses of human rights are the causes and the consequences of poverty as well. The land abuses and eviction are the critical human rights violations and made become poor and even poorer. Some said that because of the people are lazy that is why people are poor, they do not recognize that people has no chance, most of the time, people make a lot of efforts but they do not receive income as expected.

The eradication of poverty does not only waiting for the country having much incomes, some countries have much incomes but those incomes are fallen into the grip of the small group and the country remains the same poor. This point is because of having no equality in society. The reduction of poverty is not only based on humanitarian donation, there shall exist of proper development plan and pay much attention in effective implementation of the plan. The Action Committee understands that in order to reduce the poverty, there shall be approaches such as cooperatively fighting against corruption, bribery, exploitation and promotion of participation from women in the livelihood of families and in every social works as well. Fostering of constructions of all infrastructures which are the vital needs of people at large, promotion of respect for human rights and freedom of people... etc

For more information, please contact:
▪ Mr. Thun Saray Chairman of CHRAC and President of ADHOC Tel: 016 880 509
▪ Dr. Kek Galabru President of LICADHO Tel: 012 940 645
▪ Mr. Sok Sam Oeun Executive Director of CDP Tel: 012 901 199
▪ Mr. Yong Kimeng President of PDP-Center Tel: 016 828 211
▪ Mrs. Nay Dina Executive Director of KID Tel: 012 924 286

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