UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

26 January 2007

[RE: UA-328-2006: CAMBODIA: Another alleged forced eviction by a senator]
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UP-010-2007: CAMBODIA: Sihanoukville governor orders 105 families to leave their homes within 7 days

CAMBODIA: Corruption; collapse of the rule of law; illegal deprivation of the land; illegal land eviction, irresponsible from the government
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that on 19 January 2007 Sihanoukville Governor Say Hak allegedly issued a notice bearing number 0026 to evict 105 families who have been living on 17 hectares of land since 1985 in Sangkat Commune Number 4, Metapheap district, Sihanoukville, Cambodia. In the notice, all the families were ordered to leave the land for a-7-day deadline from the enforcement date. The Sihanoukville authorities will bulldoze that land without compensate to anyone who do not respect that notice. The AHRC has previously reported an alleged illegal eviction of the families from the same commune, in which one tycoon senator is involved (See further: UA-328-2006). This is not an isolated case of eviction allegedly done by the order of Governor Say Hak. The AHRC has reported another eviction of 229 families in Sihanoukville today according to the order by the governor (To see details, go to: UA-026-2007).

CASE DETAILS:

The AHRC has earlier reported that on 25 September 2006 at around 6:30 am, more than 100 military police officers armed with rifles and several workers conducted an illegal eviction of the 105 families without any court decision. The police officers wearing civilian clothes and the workers were allegedly led by two military police officer in Sihanoukville, Colonel Tan Kimheng and Mr. Keo Tha. During the illegal eviction the police allegedly fired live ammunition in the air and towards the ground to threaten the villagers to move out from the 17 hectares of land. The village still resisted bravely in order to protect their land from being seized. A 48-year-old villager named Sang Phean was brutally shot and hit in his knees by Colonel Tan Kimheng. After that Colonel Tan Kimheang and the other military police officers and the workers move out from the land, and escaped. Sang Phean then was brought to the hospital by the villagers. It is further reported that the 105 families complained to several government institutions but they have not seen any measures to solve these problems or arrest the alleged perpetrators. For details, see also UA-328-2006.

After the clash happened between the military police officers and the 105 families, on 27 October 2006, Metapheap District Governor Mr. Kong Sameurn allegedly issued a notice bearing number 172 for a 5-day deadline to evict those villagers from that land but the villagers did not accept the notice. On 19 January 2007 Sihanoukville Governor Say Hak then issued a new rush notice bearing number 0026 for a-7-day deadline without offering relocation or compensation.

The villagers have been living and cultivating that land since 1985 at which time there was only 53 families. The Ministry of Interior also acknowledged and registered the said land into village and commune structure. While all the families have a member family book, they have never received land ownership from the government despite their repeated requests since 1985. In Cambodia, most of families who live in the countryside or some of them who live in the city have not yet got a land title ownership. Those affected families have been living on their land since 1985 and they have lawful ownership according to the Land Law 2001 of Cambodia, which states that person(s) are entitled to have ownership over the land when he/she occupied and lived on for five years peacefully (without any ownership related dispute).

It is seems very urgent to force the eviction of the 105 families that the Sihanoukville Governor issued a 7-day-deadline for the people immediately move from their land and their home. The governor didn't even offer them the compensation for the eviction or offer a new land that equals the price of their land so that those villagers could do their businesses or earn a living. 

According to Article 253 of the Cambodian Land Law 2001, any person who uses violence against a possessor in good faith of an immovable property; whether or not his title has been established or it is disputed, shall be fined from 1,500,000 Riel (USD 385) to 25,000,000 Riel (USD 6,420) and/or imprison from six (6) months to two (2) years irrespective of the penalty for violence against a person. If the violence was ordered by a person other than a perpetrator, who did not personally in the commission of such violence, he shall be subject to the same penalties as the perpetrator of the violence.

In this case a national military police officer in Sihanoukville, Colonel Tan Kimheng, and a military police officer in Sihanouk Ville, Mr. Keo Tha must take responsibility for their acts that resulted in the shooting of a villager during the forced eviction on 25 September 2006. Under Article 41 of the Cambodian Criminal Law (known as UNTAC law), anyone who voluntarily strikes another resulting in injury leading to permanent disability or temporary disability lasting more than six months, is guilty of battery and shall be liable to a punishment of one to five years in prison. If the disability lasts less than six months, the offence shall be punished by a term of imprisonment of six months to two years. If there is no disability, the punishment shall be a term of imprisonment of two months to one year. If any weapon is used to strike the blows, the period of imprisonment shall be doubled.

The AHRC urges the Cambodian authorities to bring the two military police officers to justice. We also urge the Sihanoukville Governor and Sihanouk Ville authorities to respect the Land Law 2001 of Cambodia. The upcoming eviction of 105 families based on the Governor's notice should be halted and the Cambodian authorities should take immediate measures to seek for a proper solution of this matter.

The AHRC also urges the Cambodian government to cancel all unlawful notice to evict and restore and protect the ownership of 105 families. The AHRC also urges donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and the judiciary to end continuous unlawful evictions by powerful politicians or businessmen and establish the rule of law in Cambodia.

SUGESTED ACTION:
Please immediately write to the relevant authorities listed below demanding their immediate intervention into the upcoming eviction of 105 families. Please also urge them to inquire about the alleged illegal eviction and attack on the villagers led by the two military police officers on 25 September 2006 and take action against those responsible without further delay. 

To support this appeal please click:

Sample letter:

Dear ________,

CAMBODIA: Sihanoukville governor orders 105 families to leave their homes within 7 days

Persons facing eviction: 105 families, Sangkat commune Number 4, Metapheap district, Sihanoukville, Cambodia
Those responsible:
1. Mr. Say Hak, Sihanoukville Governor (for issuing a 7-day-deadline notice to evict the families on 19 January 2007)
2. Sihanoukville military police Colonel Tan Kimheng (for an attempt of illegal eviction of the families and the shooting of one villager Mr. on 25 September 2006)
3. Sihanoukville military police officer Mr. Keo Tha (for an attempt of illegal eviction of the said families)
Place of incident: Sangkat commune Number 4, Metapheap district, Sihanoukville, Cambodia

I am writing to inform you that Sihanoukville Governor Say Hak allegedly issued a notice bearing number 0026 to evict 105 families in 17 hectares of land in Sangkat commune Number 4, Metapheap district, Sihanoukville, Cambodia on 19 January 2007. The said villagers have been living since 1985 in. In the notice, the families were ordered to leave the land within seven days from the enforcement date of the notice. I am afraid that the Sihanoukville authorities will bulldoze that land without compensate to anyone who do not respect to that notice, after seven days. The governor's new rush notice was followed by the notice issued by the Metapheap district governor Mr. Kong Sameurn, for a 5-day deadline to evict those villagers from the land (bearing number 172 dated 26 October 2006).

I was informed that neither district nor provincial government villages have not offer any compensation or rehabilitation plan to a new appropriated location for the affected villagers. I therefore strongly urge you to take action to immediately halt the Sihanoukville governor's notice to let the people move from their land in seven days deadline. I also request you to take immediate measures to seek for a proper solution of this matter.

Those affected families have been living on their land since 1985 and they have lawful ownership according to the Land Law 2001 of Cambodia, which states that person(s) are entitled to have ownership over the land when he/she occupied and lived on for five years peacefully (without any ownership related dispute).

In fact, this is not the first attempt to evict the said villagers. On 25 September 2006 at around 6:30 am, more than 100 military police officers armed with rifles and several workers conducted an illegal eviction of the 105 families without any court decision. The police officers wearing civilian clothes and the workers were allegedly led by two military police officer in Sihanoukville, Colonel Tan Kimheng and Mr. Keo Tha. During the illegal eviction the police allegedly fired live ammunition in the air and towards the ground to threaten the villagers to move out from the land. During this time, a 48-year-old villager named Sang Phean was brutally shot and hit in his knees by Colonel Tan Kimheng. After the incident, the families complained to several government institutions but have not seen any measures to solve these problems or arrest the alleged perpetrators. The Sihanoukville Governor and Sihanouk Ville authorities should respect the Land Law 2001 of Cambodia. I also ask you to take action to restore and protect the ownership of 105 families.

I am well aware that according to Article 253 of the Cambodian Land Law 2001, any person who uses violence against a possessor in good faith of an immovable property; whether or not his title has been established or it is disputed, shall be fined from 1,500,000 Riel (USD 385) to 25,000,000 Riel (USD 6,420) and/or imprison from six (6) months to two (2) years irrespective of the penalty for violence against a person. If the violence was ordered by a person other than a perpetrator, who did not personally in the commission of such violence, he shall be subject to the same penalties as the perpetrator of the violence.

Therefore, a national military police officer in Sihanoukville, Colonel Tan Kimheng, and a military police officer in Sihanoukville, Mr. Keo Tha must take responsibility for their acts that resulted in the shooting of a villager during the forced eviction on 25 September 2006. Furthermore, under Article 41of the Cambodian Criminal Law (known as UNTAC law), anyone who voluntarily strikes another resulting in injury leading to permanent disability or temporary disability lasting more than six months, is guilty of battery and shall be liable to a punishment of one to five years in prison. If the disability lasts less than six months, the offence shall be punished by a term of imprisonment of six months to two years. If there is no disability, the punishment shall be a term of imprisonment of two months to one year. If any weapon is used to strike the blows, the period of imprisonment shall be doubled.

I therefore request you to bring the two military police officers to justice without further delay. I also urge the Government of Cambodia to cancel all unlawful notice to evict. Lastly, I urge donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this abuse of power by powerful politicians or businessmen and establish the rule of law in Cambodia.

Sincerely Yours,

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PLEASE SEND YOUR LETTER TO:

1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
Cambodia
Tel: +855-23-21 98 98
Fax: +855-23-36 06 66
E-mail: cabinet1b@camnet.com.kh  

2. Mr. Samdech Chea Sim
Senate president
Chamcar Mon State Palace
Pheah Norodom Blvd
Phnom Penh
Cambodia
Tel: +855-23-21 1441-3
Fax: +855-23-21 1446
Email: info@senate.gov.kh 

3. Mr. Samdech Heng Samrin
President of National Assembly
Sothearos Street
Phnom Penh
Cambodia
Tel: +855-23-21 41 36/21 77 68
Fax: +855-23-21 7769

4. Mr. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
Tel: +855 12 970 608
Fax: +855 23 881 045
E-mail: info@pressocm.gov.kh    

5. Mr. Eng Chhai Eang
Member of Parliament
Vice President of the National Land Dispute Authority
# 71 Sothearos Blvd, Sangkat Tonle Basac,
Khan Chamcar Morn
Phnom Penh
Cambodia
Tel: +855 12 73 1111
Fax: +855 23 211 336
Email: srphq@online.com.kh 

6. Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
275 Norodom Blvd.
Phnom Penh
Cambodia
Tel/fax: +855-23 72 19 05/72 60 52/72 11 90
E-Mail: info@interior.gov.kh, moi@interior.gov.kh 

7. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
Cambodia
Fax: + 855-23-36 41 19/21 66 22

8. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
Cambodia
Tel/Fax: +855-23-21 65 85/22 09 52

9. Gen. Ke Kim Yan
Commander-in-Chief
High Command Headquarters
Royal Cambodian Armed Forces
Kambol
Phnom Penh
Cambodia

10. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights - Cambodia
N 10, Street 302
Sangkat Boeng Keng Kang I
Khan Chamcar Mon
Phnom Penh
Cambodia
Tel: +855-23-987 671 / 987 672, 993 590 / 993 591 or +855 23 216 342
Fax: +855-23-212 579, 213 587

11. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Ms. Afarin Shahidzadeh
Room 3-080
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Tel: +41 22 91 79214
Fax: +41 22 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)

12. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Attn: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)