CAMBODIA: Development firm allegedly hires gunmen to extort poor villagers through an illegal toll-booth

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-102-2007
ISSUES:

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding a Chinese investment company that has allegedly set up an illegal toll booth to extort money from travelers in Kratie province on 21 March 2007. The company named Global Agricultural Development Cambodia Co. Ltd has allegedly hired gunmen to guard the illegal toll booth and have already been involved in allegedly extorting 30,000 Reil (US$ 7.5) from four villagers who where traveling across the road with their three oxcarts. The toll booth is unlawful and has no purpose other than to generate profit for a company that is known for conducting illegal and irresponsible business practices. However, the local authorities have not taken any action regarding this matter. In fact, in another occasion, the same company had allegedly evicted local villagers without ever providing compensation in Kratie province (See further: UA-013-2007 and UP-006-2007).

CASE DETAILS:

On 21 March 2007, four armed guards, who were hired to operate the toll both, allegedly extorted 30,000 Reil (USD 7.50) from four villagers named Preap Buntheun, Vidy, Sao Vy, and Ngoal.  The villagers were traveling by oxcart and did not have enough money to cover the fee. As a result, the men where forced to discontinue their journey and wait five hours between 12:00 pm and 5:00 pm, until family members arrived and paid the charge for their passage.

The road in question has acted as a connector for locals to the National Road number 7, towards Kak Tha village, Ralous Meanchey commune, Sambo district, Kratie province. It is an old road that has been used by villagers for many years. The company began a reconstruction project of the road which began on 12 December 2006 was finished in January of this year. Since its completion, the company has been extorting money from locals. Each passenger that crosses on motorbike and oxcart must pay a 10,000 Riel (USD 2.50) fee. In order to ensure that payment is received, the company has hired security guards who are armed with rifles and electric batons.

The AHRC stresses that the company has no legal right to hire security guards for the purpose of extracting money from villages using the road. Cambodia also does not have any laws which grant permission to construction firms to introduce road tolls. The Ministry of Forestry and Fisheries must be held accountable for the company’s illegal behavior since they are the government agency that had originally hired their services. The Ministry of Public Works and Transport should also be held accountable for failing to take action against such illegal act. The road is a public domain and restricting its use through incorporating illegal fees must be seen as criminal.

The AHRC therefore urges the Kratie provincial governor to take immediately action against the company. We also urge the ministry who signed the original construction contracts with the company to immediately take action against Global Agricultural Development Cambodia Co. Ltd in order to allow the freedom of movement. We also urge the National Assembly to take action against this company and also create laws against road fees during a time when most Cambodians are living in poverty and cannot afford such fees.

BACKGROUND INFORMARION:

This is not the first time Global Agricultural Development Cambodia Co. Ltd has acted illegally. It is allegedly responsible for burning down local villagers houses without ever providing compensation. On 15 March 2006, the Ministry of Agriculture signed a 70 year lease contract with the Chinese investment company Global Agricultural Development Cambodia Co. Ltd to develop teak plantations. After signing the contract, the company began bulldozing the 9800 hectares of land and started to divide the area into plots set out for the new plantations and the company’s office.

The land that was granted by the state is from two communes in the Sambo district named O Kriang and Khbal Dom Rey. The total amount of agricultural land that was taken over in O Kriang commune is 1138 hectares, with another 1448 hectares of land from Khbal Dom Rey. However, the government contends that they only reclaimed 51 hectares of cultivated land from O Kriang commune and another 69 hectares from Khbal Dom Rey commune. The company has provided no compensation to the villagers and the government continues to show little interest in resolving the dispute. Also, the government had not initiated any consultation with the local people whether the land concession will affect their agriculture (See further: UA-013-2007).

In January 2007, workers from the company had burned the fields and forest over the area of 9,800 hectares of land in order to clear space to grow the teak plantations. The fire then spread onto land belonging to local residents and burned at least one wooden house that was owned by Oun Theurn. Oun Theurn’s not only lost his home, but also his cultivated land for producing rice and most of his possessions (See further: UP-006-2007).

SUGESSTED ACTION:
Please write to the authorities listed below to urge them to intervene in this matter. Please urge them to take action against the company Global Agricultural Development Cambodia Co. Ltd. and to remove the toll both and stop illegal extraction of the money from the villagers.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

CAMBODIA: Development firm hires gunmen to extort poor villagers through an illegal toll-booth

Victims: Local villagers and travelers in Meanchey commune, including four villagers named: Preap Buntheun, Vidy, Sao Vy and Ngoa 
Those who are allegedly responsible: 
1) Global Agricultural Development Cambodia Co. Ltd base in Sambo district, Kratie province
2) Ministry of Agriculture, Forestry & Fisheries 
3) Kratie provincial authority
Date of incident: from January 2007 to date 
Place of incident: The road to the National Road number 7, towards Kak Tha village, Ralous Meanchey commune, Sambo district, Kratie province

I am writing to express my deep concern over the alleged extortion of the villagers including the four villagers mentioned above by hired gunman at an illegal toll-booth that is managed by a Chinese investment company named Global Agricultural Development Cambodia Ltd in Kratie Province.

According to the information I have received, four armed guards who are hired to man the toll both allegedly extorted 30,000 Reil (USD 7.50) from four villagers named Preap Buntheun, Vidy, Sao Vy, and Ngoal. As they did not have enough money to cover the fee, the villagers were forced to wait for five hours until family members came and paid the charge for their passage.

The road in question has acted as a connector for locals to the National Road number 7, towards Kak Tha village, Ralous Meanchey commune, Sambo district, Kratie province. It is an old road that has been used by villagers for many years. I am informed that the said company reconstructed the road and since its completion, it has been extorting money from locals. Each passenger that crosses on motorbike and oxcart must pay a 10,000 Riel (USD 2.50) fee.

I want to draw your attention that such act by the company is illegal as Cambodia does not have any laws which grant permission to construction firms to introduce road tolls. The road is a public domain and restricting its use through incorporating illegal fees must be seen as criminal.

I also know that this is not the first time this company has acted illegally. In January 2007, I know that the same company that was involved in destroying homes and not providing any compensation to the local villagers they were forcefully evicting from O Kriang commune and Khbal Dom Rey commune, Sambo district, Kratie province.

I therefore strongly urge the Kratie provincial governor to immediately take legal action against the company. I also urge the government ministry who had originally signed the contract with the business group to take action against the organisation and demand that they remove the toll-booth. I further urge the National Assembly to take action against this company and create laws against road fees during a time when most Cambodians are living in poverty and cannot afford such fees.

I look forward to your intervention into this matter.

Yours faithfully,

—————–

PLEASE SEND YOU LETTERS TO:

1. Mr. Sun Chanthol
Minister of Public Works and Transport
Ministry of Public Works and Transport
# No 106, Norodom Blvd., 
Phnom Penh
CAMBODIA
Tel: +855 23 427862
Fax: _855 23 427862
Email: mpwt@mpwt.gov.kh

2. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh, 
CAMBODIA
Fax: + 855 23 36 4119/21 66 22

2. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60

3. Mr. Kham Pheurn
Kratie Provincial governor
Beoung Kalou Village
Kratie commune, Kratie district
Kratie province
CAMBODIA
Tel: +855- 12 923 937
Fax: +855- 72 971 416

4. Mr. Choung Seang Hak
Police commissionner
Beoung Kalou Village
Kratie commune, Kratie district
Kratie province
CAMBODIA
Tel: +855- 12 885 838
Fax: +855- 72 971 444

5. Mr. Chan Sarun
Minister of Agriculture, Forestry and Fisheries
Ministry of Agriculture, Forestry & Fisheries
N° 200, Norodom
12301 Phnom Penh, Cambodia
Tel: +855 23 211 351-2
Tel: +855 23 215 321
Tel/fax : +855 23 211 411
Fax : +855 23 217 320
E-Mail: maff@everyday.com.kh

6. 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 +85523 216 342
Fax: +855-23-212 579, 213 587

7. 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 Paix1211 
Geneva 10, 
SWITZERLAND
Tel: +41 22 91 79214
Fax: +4122 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-102-2007
Countries : Cambodia,