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Friday, January 30, 2009

UN Special rapporteur on adequate housing denounces forced evictions in Cambodia

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UN Special rapporteur on adequate housing denounces forced evictions in Cambodia

30 January 09 (Human Rights Tribune)

UN, Geneva - The following statement on the latest in a series of forced evictions in Cambodia was issued today by the UN Special Rapporteur on adequate housing, Raquel Rolnik:

“More than 130 families were forcibly evicted during the night of 23 and 24 January 2009 from Dey Krahorm, in central Phnom Penh to make way for a private company to redevelop the site.

The forced eviction was carried out in the middle of the night, without prior notice and the shelters belonging to this poor community were torn down and destroyed. This situation has grave consequences for all the victims, but particularly the women and children. Reports also state that prior to the eviction, the community suffered intimidation and community representatives and members were also subjected to criminal charges.

It is regrettable that the ongoing negotiations with the residents were abandoned, casting aside a valuable opportunity to reach a just and lawful solution to this longstanding dispute. It is now of utmost importance that the rights of the residents to fair compensation for their lost homes and property and the provision of adequate alternative housing are fully respected.

Unfortunately this is by no means an isolated case, and the increase in forced evictions throughout Cambodia is very alarming. Reports indicate that tens of thousands of poor people have been forcibly evicted and displaced, pushing them into homelessness and further destitution.

In Cambodia, a consistent pattern of violation of rights has been observed in connection with forced evictions: systematic lack of due process and procedural protections; inadequate compensation; lack of effective remedies for communities facing eviction; excessive use of force; and harassment, intimidation and criminalization of NGOs and lawyers working on this issue.

Forced evictions constitute a grave breach of human rights. They can be carried out only in exceptional circumstances and with the full respect of international standards. Given the disastrous humanitarian situation faced by the victims of forced evictions, I urge the Cambodian authorities to establish a national moratorium on evictions until their policies and actions in this regard have been brought into full conformity with international human rights obligations.”

The former Special Rapporteur on adequate housing conducted a mission to Cambodia in 2005 and presented a mission report on his findings and recommendations (E/CN.4/2006/41/Add.3). Concerns on forced evictions in Cambodia have been shared through a large number of communications by the Special Rapporteur with the authorities. These communications remain unanswered to date.

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Sunday, July 27, 2008

In Cambodia, Land Seizures Push Thousands of the Poor Into Homelessness

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Robert James Elliott for The International Herald Tribune
A boy checked his feet as he walked through waste and trash in a slum for displaced people on the outskirts of Phnom Penh.

In Cambodia, Land Seizures Push Thousands of the Poor Into Homelessness

Published: July 27, 2008 (New York Times)

ANDONG, Cambodia — When the monsoon rain pours through Mao Sein’s torn thatch roof, she pulls a straw sleeping mat over herself and her three small children and waits until it stops.

She and her children sit on a low table as floodwater rises, bringing with it the sewage that runs along the mud paths outside their shack.

Ms. Mao Sein, 34, was resettled by the government here in an empty field two years ago, when the police raided the squatters’ colony where she lived in Phnom Penh, the capital, 12 miles away.

She is a widow and a scavenger. The area where she lives has no clean water or electricity, no paved roads or permanent buildings. But there is land to live on, and that has drawn scores of new homeless families to settle here, squatting among the squatters.

With its shacks and its sewage, Andong looks very much like the refugee camps that were home to those who were forced from their homes by the brutal Communist Khmer Rouge three decades ago.

Like tens of thousands of people around the country, those living here are victims of what experts say has become the most serious human rights abuse in the country: land seizures that lead to evictions and homelessness.

“Expropriation of the land of Cambodia’s poor is reaching a disastrous level,” Basil Fernando, executive director of the Asian Human Rights Commission in Hong Kong, a private monitoring group, said in December. “The courts are politicized and corrupt, and impunity for human rights violators remains the norm.”

With the economy on the rise, land is being seized for logging, agriculture, mining, tourism and fisheries, and in Phnom Penh, soaring land prices have touched off what one official called a frenzy of land grabs by the rich and powerful. The seizures can be violent, including late-night raids by the police and military. Sometimes, shanty neighborhoods burn down, apparently victims of arson.

“They came at 2 a.m.,” said Ku Srey, 37, who was evicted with Ms. Mao Sein and most of their neighbors in June 2006.

“They were vicious,” Ms. Ku Srey said of the police and soldiers who evicted her.

“They had electric batons” — and she imitated the sound made by the devices: “chk-chk-chk-chk.” She said, “They pushed us into trucks, they threw all our stuff into trucks and they brought us here.”

In a report in February, Amnesty International estimated that 150,000 people around the country were now at risk of forcible eviction as a result of land disputes, land seizures and new development projects.

These include 4,000 families who live around a lake in the center of Phnom Penh, Boeung Kak Lake, which is the city’s main catchment for monsoon rains and is being filled in for upscale development.

“If these communities are forced to move, it would be the most large-scale displacement of Cambodians since the times of the Khmer Rouge,” said Brittis Edman, a researcher with Amnesty International, which is based in London.

That, in a way, would bring history full circle.

Like other ailments of society — political and social violence, poverty and a culture of impunity for those with power — the land issues have roots in Cambodia’s tormented past of slaughter, civil war and social disruptions.

The brutal rule of the Khmer Rouge, during which 1.7 million people are estimated to have died, began in 1975 with an evacuation of Phnom Penh, forcing millions of people into the countryside and emptying the city. It ended in 1979 when the Khmer Rouge was driven from power by a Vietnamese invasion, sending hundreds of thousands of refugees into Thailand.

Many of the refugees returned in the 1990s, joining a rootless population displaced by the Khmer Rouge and the decade of civil war that followed in the 1980s. Many ended their journeys in Phnom Penh, creating huge colonies of squatters.

Now, many of these people are being forced to move again, from Phnom Penh and from around the country, victims of the latest scourge of the poor: national prosperity.

Whichever way the winds of history blow, some people here say, life only gets worse for the poor. If it is not “pakdivat,” revolution, that is buffeting the poor, they say, it is “akdivat,” development.

The Cambodian economy has at last started to grow, at an estimated 9 percent last year. And Phnom Penh is starting to transform itself with modern buildings, modest malls and plans for skyscrapers. It is one of the last Asian capitals to begin to pave over its past.

From 1993 to 1999, Amnesty International said in its report in February, the government granted commercial development rights for about one-third of the country’s most productive land for commercial development to private companies.

In Phnom Penh from 1998 through 2003, the city government forced 11,000 families from their homes, the World Bank said in a statement quoted by Amnesty International.

Since then, the human rights group said, evictions have reportedly displaced at least 30,000 more families.

“One thing that is important to note is that the government is not only failing to protect the population, but we are also seeing that it is complicit in many of the forced evictions,” Ms. Edman, of Amnesty International, said.

The government responded to the group’s report through a statement issued by its embassy in London.

“Just to point out that Cambodia is not Zimbabwe,” the statement read. “Your researcher should also spend more time to examine cases of land and housing rights violations in this country, if she dares.”

Here in Andong, the people have adapted as best they can.

Little by little, they have made their dwellings home, some of them decorating their shacks with small flower pots. A few have gathered enough money to buy concrete and bricks to pave their floors and reinforce their walls.

But this home, like the ones they have known in the past, may only be temporary. The outskirts of Phnom Penh are only a few miles away. As the city continues to expand, aid workers say, the people here will probably be forced to move again.

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Wednesday, June 25, 2008

Development Leaves Cambodians Homeless

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Development Leaves Cambodians Homeless

June 25, 2008
By Gaffar Peang-Meth (guampdn.com)

My June 11 column referenced The Guardian's Adrian Levy and Cathy Scott-Clark's "Country for Sale," which stated that "almost half of Cambodia has been sold to foreign speculators in the past 18 months." It also referred to Business Week's Susan Postlewaite's "Real Estate Boom in Cambodia's capital," in which she observed this boom "has led to widespread evictions of people" from their homes and land to accommodate development projects.

If you Google "land-grabbing in Cambodia" you'll see volumes written on the topic, from newspaper articles to columns and reports by human rights groups. Watch videos and listen to the voices of Cambodian evictees, even on YouTube.

They reveal how the poor, the underprivileged in Cambodia suffer unspeakable pain and hardship. After all, what's life anywhere when a person's home and land are dismantled and bulldozed without discussion, and one is beaten and kicked and faces jail for not moving out?

Radio Free Asia's "China's Growing Presence in Cambodia," published on its Web site May 28, takes the issue of land-grabbing to a higher level, alleging high officials' involvement. The Web site also recorded 29 land-grabbing cases in January and February alone.

Amnesty International's "Forced Evictions in Cambodia: Homes Razed, Lives in Ruins," published Feb. 11, states "forced evictions are one of the most widespread human rights violations affecting Cambodians in both rural and urban areas." It asserts, "At least 150,000 Cambodians across the country are known to live at risk of being forcibly evicted in the wake of land disputes, land grabbing and development projects."

"In sharp contrast to the rhetoric of the (Cambodian) government's pro-poor policies and in breach of international human rights laws and standards," the Amnesty International article states, "thousands of people, particularly those living in poverty, have been forcibly evicted from their homes and lands."

On June 12, a Hong Kong-based regional non-governmental organization that monitors and lobbies human rights issues in Asia, The Asian Human Rights Commission, posted an online petition, "End Land Grabbing in Cambodia," and urges "the public to join" the petition, which can be read at http://campaigns.ahrchk.net/landgrabbing.

The online petition is addressed to Cambodia's Prime Minister Hun Sen. It expresses signers' deep concerns "about the suffering of the hundreds of thousands of Cambodian people who have been, and who are known to live in fear of being evicted as a result of development projects, land disputes and land-grabbing." It asks the premier to "immediately end the suffering and fears ... by halting all evictions, ... and by suspending all land concessions for development projects that affect people's homes and lands."

I don't know if the petition will move the 55-year-old Cambodian ruler to comply, nor do I know if it will incite the world community to help the Cambodian poor and end the land-grabbing.

Action needed

I used to recite to my students at the University of Guam Edmund Burke's words: "All that is needed for the triumph of evil is for good men to do nothing." And I write often in this space that unless one takes action, one cannot expect anything to happen the way one wishes. I have discussed the problem of "free riders" who expected "others" to act for the common good.

So I added my name on the AHRC petition, and my computer screen showed that it was sent electronically to the prime minister's cabinet.

Six days before the AHRC's petition, the Cambodian League for the Promotion and Defense of Human Rights (Licadho) put online, complete with photos, "Two Years After their Eviction from the Center of Phnom Penh, Villagers are Still Living in Squalor." It was about the June 6, 2006, eviction of more than 1,000 families from their homes in Sambok Chap village in inner-city Phnom Penh by "police and military police armed with guns, tear gas, batons and riot shields."

"The residents were forced onto trucks and taken to be dumped in an open field at Andong, 22 kilometers from central Phnom Penh -- their new 'home'," reads the text. "There was no shelter, electricity, running water, schools, health services or readily available employment nearby."

June 6, 2008, marked the two-year anniversary of the eviction.

"The site of their former homes in Sambok Chap -- slated for commercial development by a private company -- remains bare and unused, while the evictees continue to live in squalor at the Andong relocation site," Licadho stated.

Licadho refers to Sambok Chap as "just one case in a wider pattern of rapid, unregulated and often illegal development across Cambodia. ... It is exacerbated by a culture of corruption and impunity and, all too often, by an international donor community which turns a blind eye to such abuses."

Yet, in less than four weeks this international donor community can be expected to congratulate the region's longest-serving premier for his forthcoming July 27 election victory, to continue his reign, which Agence France Presse says he vowed publicly to keep until he turns 90.

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where he taught political science for 13 years. Write him at peangmeth@yahoo.com.

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Thursday, March 27, 2008

Cambodia's Dysfunctional Democracy

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March 26, 2008
By LAO MONG HAY
UPI Asia Online

Column: Rule by Fear

HONG KONG, China - Cambodia is bound to a set of obligations under the international agreements that were concluded in 1991 to end the war in the country. Cambodia has undertaken, among other things, to adopt democracy, to observe and respect human rights and to be governed by the rule of law.

The country's Constitution, which emanates from a U.N.-organized constituent election in 1993, incorporates all of its international obligations and provides for all basic institutions for a parliamentary democracy and the rule of law. It is a constitutional monarchy with a separation of powers. It has an independent and impartial judiciary whose duty is to protect the rights and freedoms of its citizens.

Cambodia has since then abandoned communism, embraced a market economy and become a more open society. However, communist legacies have stalled the creation of institutions for parliamentary democracy and the rule of law worthy of their names and their functioning. The government is not accountable to the National Assembly, for example, when the prime minister and other government ministers flout their constitutional duties and spurn the assembly's summons to answer its questions.

The government and, through it, the prime minister, currently Hun Sen, have effective control over all state institutions, including the king, the Constitutional Council, the National Assembly and the judiciary. Hun Sen's power is all the stronger when he has effective control of his ruling party, the Cambodian People's Party, a former communist party whose discipline has remained as strict as ever.

Party members are appointed to all positions of responsibility in all state institutions -- the army, the security forces, the civil service, the National Election Committee, and even the legal profession. Hun Sen and the CPP have the support of rich businessmen through cronyism, and he and other leading CPP members have built up strong personal relationships among themselves and rich businessmen through the marriages of their children or through business connections.

The dysfunctional institutions for parliamentary democracy and the rule of law, and the concomitant concentration of power, that have been created by this phenomenon have led to an abuse of power and position, corruption, inequality before the law and impunity for the rich and powerful.

Many crimes throughout the years, especially the notorious ones in which top officials are widely known to have been involved, have remained uninvestigated. Almost all such perpetrators have escaped punishment for their crimes. These notorious crimes include, for example, the killing and injuring of peaceful demonstrators in 1997, the killing of some 40 senior rival party members in a coup a few months later, the killing of a famous actress in 1999, labor union leaders in 2004 and 2007 and evictees in 2007 and the attempted murder of female singers in 2003 and 2007.

Many powerful and rich people have abused their power and position and are known to have been involved in land-grabbing, which is a major issue that has put at least 150,000 people at risk of being evicted, according to a survey. Hun Sen has publicly acknowledged that land-grabbers are officials of his ruling party and people in power. In recent years, land-grabbers have used members of the security forces to forcibly evict people from their homes and lands, beating them, destroying their properties and arresting them if they resist. According to one NGO, at least 5,585 families in 2007 were evicted, and nearly 150 people were arrested, one-third of whom are still in prison in 2008.

In February 2008, the Cambodia national police commissioner allegedly ordered the punishment of a police officer who refused to follow an order to cede his land to a senior government minister in a land dispute. This police officer was allegedly illegally arrested, tortured and denied medical treatment.

In the same month, the son of an advisor to a top leader of the country shot at a metal frame builder whose nephew had a brawl with that advisor's other son, but the bullet missed the builder. The builder's nephew was arrested, yet both of the advisor's sons were not. The advisor used his position to arrange with the police and the court for an out-of-court settlement and for the dropping of all charges against his sons, which is illegal under Cambodian law.

Earlier in January the bodyguards of a powerful person were caught on camera grabbing and assaulting the driver of a truck who failed to stop in time to make way for the car of their boss to drive through a busy section of a national highway on the outskirts of Phnom Penh. Yet no investigation has been reported, although the story with the photo of the assault has been published in a leading national newspaper.

Louis Antoine Léon de Saint-Just, a French revolutionary leader in the 18th century, said that France had too many laws but too few institutions and that despotism would not decline until there were more institutions. Cambodia seems to have sufficient laws and institutions to counter despotism, but law enforcement is defective due to defective institutions.

It is time for the Cambodian government to correct defects in law enforcement and the country's institutions. The Cambodian National Assembly, as the representative of the nation responsible for the formation of the government, should exercise its power to make this government accountable to it. The judiciary should uphold its independence and impartiality and protect the rights and freedoms of all Cambodian citizens. Its members should not be affiliated to any political party, as almost all of them are at the moment.

All other institutions, including the army, the security forces, the civil service, the National Election Committee and the legal profession, should uphold their political neutrality and their impartiality. Above all, the government and the ruling party should respect the independence, political neutrality and impartiality applicable to the country's institutions.
--
(Lao Mong Hay is currently a senior researcher at the Asian Human Rights Commission in Hong Kong. He was previously director of the Khmer Institute of Democracy in Phnom Penh, Cambodia, and a visiting professor at the University of Toronto in 2003. In 1997, he received an award from Human Rights Watch and the Nansen Medal in 2000 from the United Nations High Commissioner for Refugees.)

Labels: Abuse of power, Cronyism, Dysfunctional democracy, Hun Sen's control of power, Lack of justice, Land-grabbing by the rich and powerful, Lao Mong Hay

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Wednesday, May 23, 2007

Commentary: Cambodia's war against the powerful brings terror to the powerless

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HONG KONG, May. 16
LAO MONG HAY

Land-grabbing has been one of the most serious issues facing Cambodia since it abandoned communist collectivization at the end of the 1980s to embrace a market economy based on private property. In recent years, this problem has become worse as land conflicts have dramatically increased.

A non-governmental organization (NGO) listed 1,551 cases between 1991 and 2004, affecting nearly 160,300 families or almost 7 percent of the population. Another NGO alone received 335 cases in 2005 and 450 in 2006 in which it dispensed legal assistance to victims.

Land-grabbing has affected urban dwellers, rural folks and ethnic minorities alike with the land primarily being grabbed by the powerful and the rich backed by powerful officials. Using their high position and influence, land-grabbers can secure eviction orders and the enforcement of these orders from the state machinery without going through due process of law and without paying fair and just compensation to evictees.

For instance, in 2006, a powerful company got the Ministry of Interior to force 168 families living in Phnom Penh, whose land the government conceded to that company, to accept average compensation of less than US$20 per square meter of land, while the estimated market price was US$200, and then forcibly evict them. Facing such injustices, evictees had no choice but to resist their eviction to demand fair and just compensation. Force and intimidation were then used against them as the police and military police, armed with assault rifles, electric batons and riot shields, were sent to break up the resistance, demolish evictees' dwellings and force occupants to vacate their land.

Frequent forced evictions have not led to the end of land-grabbing, and protests against them and the issue itself have only become worse year after year, to such a degree that Prime Minister Hun Sen has repeatedly warned it could spark a "peasant revolution." In March 2007, Hun Sen secured full support from his party, the Cambodian People's Party (CPP), to declare a "war against land-grabbers," whom he identified as "CPP officials" and "people in power." His remarks were a positive development as the prime minister, known as the "strongman" of Cambodia with all power centralized in his hands, personally addressed the issue.

Critics have said, however, that this high-profile "war," staged just weeks before the commune election on April 1, was simply campaign rhetoric. Perhaps it is too soon to give credence to these critics, but this "war" has not earned Hun Sen many victories as yet, for it has only subdued an army major, an army general and a tycoon for land-grabbing. Furthermore, it has provided no security to victims of some 2,000 land-grabbing cases lodged with the National Authority for the Resolution of Land Disputes.

Moreover, on April 20, Say Hak, the governor of Sihanoukville, a seaport on the Gulf of Thailand, turned this "war" into terror for 107 families by sending armed police and security personnel to forcibly evict them from their 17 hectares of land for the benefit of Sen. Sy Kong Triv, a CPP tycoon. That day Say Hak, together with his deputy, the town prosecutor, the police commissioner and military police commander, led about 100 police and military police officers armed with AK47 assault rifles, electric batons and tear gas to search for illegal weapons in the homes of these families. Although they had a warrant, this search for weapons was merely a legal cloak to cover up the eviction of the families as the security forces failed to find any weapon and instead took their land.

The families resisted and clashes ensued. The security forces fired shots in the air and into the ground and charged the villagers, using their rifle butts, electric batons and water canons to disperse them. Thirteen men among the villagers were seriously beaten, and many women were assaulted. A 75-year-old man in the village was so severely beaten and electrocuted that he required hospital treatment. Three members of the security forces were also injured.

The security forces arrested 13 villagers for "battery with intent" and "wrongful damage to property." These villagers are now detained in the prison in Sihanoukville. The police are also looking for other villagers, and 30 to 40 of them have gone into hiding for fear of being arrested.

Meanwhile, Say Hak has filed a criminal lawsuit against Chhim Savuth, a human rights investigator, for "inciting" the villagers to form a "breakaway zone independent of government rule." Chhim Savuth has thus also gone into hiding as well.

Say Hak's terror against these families and his pursuit of some of their members and a human rights activist are his way to help people in power grab land from powerless people. He once confided that "it is not difficult to settle land disputes: it is a matter of eliminating one or two gang leaders, and these conflicts will be over." He does not care about the plight of these 107 families who found that their homes, crops and other belongings, including motorbikes, bicycles, generators, TVs, VCRs, DVDs, clothes, kitchen utensils and domestic animals, were destroyed by fire, tractors and bulldozers during the eviction. These families have been made destitute and are now camping under plastic shelters or trees under monsoon rains and the tropical hot sun on the roadsides along Highway 4 leading to Phnom Penh. They are surviving on relief handouts from humanitarian organizations.

Say Hak has not stopped with this eviction though. His connivance with land-grabbers continued on May 11 when he issued another order of eviction to 18 families and gave them 20 days to vacate their land. Knowing his way of ending land disputes, these families face the same terror as those previous 107 families if they defy his order. Hun Sen needs to stop Say Hak's abuses before other governors turn his "war against land-grabbers" into terror against powerless people in other towns and provinces if his "war" is to have any meaning.

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