CCHR Press Release 26 March 2012 CCHR Announces the Launch of the Cambodian Land Law Reform Project the Cambodian Centre for Hu
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CCHR Press Release 26 March 2012 CCHR announces the launch of the Cambodian Land Law Reform Project The Cambodian Centre for Human Rights (“CCHR”) a non-aligned, independent, non- governmental organization that works to promote and protect democracy and respect for human rights in Cambodia, is delighted to announce the launch of a new project known as the Cambodian Land Law Reform Project (the “Land Project”).The Land Project, which is funded by the European Union, aims to facilitate reform of the existing legal, institutional and policy framework governing land security and tenure in Cambodia. Land violations are the most prominent and prevalent form of human rights violation occurring in Cambodia today. While the individual disputes desperately require specific solutions, the underlying causes and systemic failings in the land frameworks also urgently need to be addressed. The 10 case examples listed in the Appendix are by no means exhaustive, but serve to illustrate some of the recurring themes: the absence of strong and clear legislation, the failure of authorities to adhere to existing legislation, the sluggish and bureaucratic action of the institutions mandated to resolve disputes when responding to complaints from ordinary Cambodians, and their contrasting willingness to act swiftly, inequitably and without adherence to the law (including the pursuit of unfounded criminal prosecutions and detention) when responding to complaints from the wealthy and well- connected individuals that are invariably involved in the land disputes. The Land Project is multifaceted and will include discussions between human rights defenders, non-government organisations, and other civil society organisations working in the land sector. These will a series of policy platforms, in the lead up to the forthcoming Commune Council and National Assembly elections. CCHR will also disseminate information about land through various channels and media, including the publication of an online map which details land conflicts the country. Commenting on the launch of the Land Project, Leng Ouch, Project Co-ordinator for the Land Project said: failure of the existing laws and institutions to effectively, equitably and swiftly uphold the rights of individuals to land security is increasingly moving ordinary Cambodians are afforded land security there must be a change in political will and extensive reform across the entire land framework, from the law and policy applied in implementing the law to the institutions who are intended to uphold the law. To this end CCHR hopes that the Land Reform Project will catalyse the discussion of and subsequent implementation of comprehensive solutions to Cambodia’s epidemic of land rights violations.” For more details, please contact Leng Ouch (tel: +855 (0) 1670 5567 or e-mail: [email protected]). 2 Appendix – 10 Examples of Protracted Land Disputes 1) Lor Peang: Some 108 families in Lor Peang village in the Kampong Tralach district of Kampong Chhang province have been in dispute with KDC International Co. Ltd. since 2000 over 522 hectares of land. The dispute has been marked by destruction of villagers’ housing and farm plots, the arrest and detention of eight community leaders, a defamation conviction for a human rights defender advocating for the villagers, and a court process which has repeatedly used procedural reasons (such as filing fees, rejecting a joint complaint in favor of individual civil suits and an inability to find an address for the company) to delay and undermine the resolution of the civil suit brought by the villagers against the company. The first individual civil suit commenced oral argument on 20 March 2012. 2) Patang: Since 2004 a group of 160 families from the indigenous community of Tumpoun have been demanding the return of over 260 hectares of land in Patang, Lumphat district, Rattanakiri. Prior to the sale of the land by the local authority to DM Group Co. Ltd. the Tumpoun people held the land communally and used it for plantation and farming purposes. The company destroyed the crops on the land Despite the community filing a number of complaints with the provincial authority, the courts and various national institutions no progress has been made. Confrontation between the community and the company has become an almost daily occurrence. The dispute has been particularly violent, with a number of community members being shot and injured by company security guards during protests. Again the courts have been put to use to promote the interests of the company behind the eviction – with charges leveled against a number of community activists and the staff of an NGO working on the case while the courts have not pursued complaints by the community. 3) Kong Yu: Another group of 60 families from an indigenous community in the village of Kong Yu, Lumphat district, Rattanakiri continue in a dispute with a company owned by Keat Kolney(, who is the sister of Minister of Finance Keat Chhon) over 500 hectares of land that Keat Kolney claims to have purchased from the community in 2004. The community subsequently filed complaints of fraud and property destruction with the courts However, the courts have failed to pursue the community’s complaints and despite the promises of a judge appointed to the case in October 2008 to swiftly bring resolution no progress has been made since.. Recently four villagers were summonsed to appear in response to allegations that they cheated, conspired against and defamed the company involved. 4) Chi Kreng: A land-grabbing dispute over dry season farming land between a group of villagers from Anglong Samnor and villagers from Chi Kreng in Siem Reap province has been unresolved since 2005. Confrontation between the two groups included episodes of violence including in 2009 and 2010 violent attacks by armed forces against Chi Kreng community members. The case has seen numerous criminal complaints against Chi Kreng villagers, a number of whom have been imprisoned The local government promised to provide the Chi Kreng community with social land concessions for farming purposes, but is yet to do so. 5) Kratie: Following the grant of an economic land concession of 1,000 hectares to CIV Develop Agro Industry in 2005 two indigenous communities in the Snuol district of Kratie province (in Sre Jar and Pi Thnou communes) have been excluded from land traditionally used as part of their shifting cultivation system. Despite attempts by the provincial 3 authority to involve the company in a negotiated settlement, the company has refused to participate and has used violence and the threat of violence to intimidate villagers and prevent them from farming on the land in question. 6) Kandal: In 2006 a court awarded 240 hectares of disputed land to some 292 families in the Kandal Stung district. However, Heng Development Co. Ltd, which claims it was awarded the land in 2002, has refused to comply with the judgment and the authorities have since failed to enforce it. The villagers have continued to protest and petitioned for the intervention of government institutions, but to no avail. A number of times the company used armed force to destroy property on the land and at least five community representatives were criminally charged during the protests with one imprisoned. 7) Udong, Phnom Toch case: Meng Ket Co. Ltd and 88 families of villagers from Phnom Toch in Kampong Speu have been locked in a dispute over 65 hectares of land since 2000. A Supreme Court verdict in 2009 awarded the land to the company but villagers claim to have rights of lawful possession having occupied the land since the 1980s. Company Attempts to evict the families in 2010 and 2011 were followed by roadblocks, protests and violent confrontation. Following the violent 2011 protest many of the villagers fled their homes under fear of arrest 8) Koh Kong: In 2008 the government granted an economic land concession to Union Development Group Co. Ltd to develop an area of land into a resort and casino. The 1,143 affected families were promised a section of land on site on which to live, but instead were relocated to a site 50km away – cutting them off from their livelihoods. To date protests have mainly been peaceful, but without resolution or action from the government. 9) Boeung Kak Lake: In 2007 the Municipality of Phnom Penh granted Shukaku Inc. a 99- year lease of 133 hectares of land at Boeung Kak Lake in Phnom Penh. Approximately 4,000 families were displaced, with those remaining being subjected to a concerted campaign by Shukaku staff, armed police, and communal and district authorities, to intimidate them into accepting compensation widely deemed neither adequate nor equitable, or moving to a resettlement site 20km from their places of work. Those who refused to move suffered continuous intimidation, physical violence, unlawful arrests and detention, and the daily fear and reality of seeing their houses destroyed by the developers or flooded by dirty water as sand continued to be pumped into the lake by the company. Recently the government has provided land titles to some of the remaining residents, but some residents continue to fear eviction as the 12.44 hectares of designated land is not clearly demarcated on the ground and could therefore lead to boundary disputes during the next phase of development by the company. 10) Battambang: A group of local villagers at Beung Praim, Borvel district in Battambang are contesting the ownership of over 4,000 hectares of farming land the dispute began in 2005 When the provincial authority granted a number of social land concessionsover the land to families of retired and active military personnel. The start of each planting season brings a new wave of violence between the military families and the original occupants. Most recently, in December 2011, a number of people were arrested during confrontations and tractors were used to destroy property and plantings.