Security forces fatally shot a
teenage girl Wednesday during a clash with villagers armed with axes and
crossbows in eastern Cambodia, in the latest of several violent evictions aimed
at clearing land for development.
Cambodia’s system of commercial land
concessions, decried by activists as opaque and corrupt, has become a volatile
issue nationwide and prompted a U.N. inquiry. Last month, a high-profile
activist was slain after investigating illegal logging in a forest concession.
On Wednesday, about 600 police and
soldiers raided a settlement in Kratie province after community leaders
rejected demands to vacate their farmland for several months, provincial Gov.
Sar Chamrong said. The security forces clashed with about 200 villagers armed
with axes, crossbows and sticks.
The below are statements of national ngos and government's ministry on incident
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CAMBODIAN HUMAN RIGHTS AND DEVELOPMENT
ASSOCIATION
pÞHelx3 pøÚv158
b¤]kja:eRTOgkag sgáat;bwgvaMg xNÐdUneBj No: 3, St 158 Oukghna Toeung Kang, Beng Raing Daun Penh
P.P
Tel: (855-23) 218653 & 990544 Fax: (855-23) 217229 P.O. Box: 1024 P.O. Box 20 at CCC
Statement
Cambodian Authorities Must Put an End to the Cycle of
Violence Related to Land and Natural Resources Rights
Phnom
Penh, 17 May 2012 — The Cambodian
Human Rights and Development Association (ADHOC) strongly condemns the shooting
dead of a 14-year old girl yesterday, relating to a long-standing land dispute
in Kratie province. Heng Chentha was fatally wounded by armed forces in Broma
village, Kampong Domrey commune, Chhlong district, as villagers were protesting
in Snuol district against forced eviction from the homes and farmland they had
occupied for years. Cambodian authorities claim that the disputed land is state-owned;
however, evidence suggests that it may have been granted as a concession to Casotim,
a Russian company which plans to set up a rubber plantation.
Since
the beginning of 2012, there have been at least four instances, including the
above, in which security or military forces have used fire arms against citizens
defending their fundamental rights and freedoms. This most recent tragedy comes
less than a month after Chut Wutty, a prominent environmental activist, was
killed in Koh Kong province. The fact that yesterday’s protest turned violent
is not an excuse for the use of such disproportionate force against civilians.
Many of them, including the victim, were children and were not at the site of
the protest. ADHOC therefore calls on the authorities to thoroughly and
impartially investigate the circumstances of the shooting and to hold
perpetrators responsible.
Furthermore,
ADHOC reminds Cambodian authorities that they are under legal obligation to
protect citizens’ right to adequate housing, which entails a duty to engage in
genuine, meaningful consultations with affected people prior to implementing
projects or granting concessions; to explore feasible alternatives; to carry
out social and environmental impact assessment studies; and to provide fair
compensation to evicted citizens. This obligation also entails, as required by
several United Nations bodies, a duty to develop clear guidelines for evictions
and resettlement and to adopt a proper binding framework which includes
guarantees of due process and effective judicial remedies.
Allegations
that yesterday’s protesters intended to create a “self-governing” zone lack
supporting evidence and are verging on nonsensical. Villagers had no military
or security forces and no administrative structures to control the area. They were
simply protecting their livelihoods. Conversely, it is the private companies,
having been awarded concessions by the state, which often end up establishing
autonomous zones and preventing law enforcement officers from entering them.
As
usual,
Cambodian authorities claim Heng Chentha was “accidentally shot”, suggesting
that no one will be held responsible. ADHOC would like to emphasize that, in a functioning
democracy, it should not be possible for perpetrators to get away with the
killing of a child so easily. Although Cambodian authorities consistently use
the same excuse to justify shootings, they are now, at the very least, under explicit
obligation to provide training to law enforcement officers on the proper use of
firearms and to launch investigations into the chain of command in all similar
cases. All perpetrators must be held accountable, regardless of their rank or
social standing.
In
addition, a thorough investigation must be carried out to establish why and how
the victim was shot, even though she was not at the scene of the protest.
Pursuant
to orders from Prime Minister Hun Sen, Cambodian authorities must facilitate
satisfactory resolution of all cases of conflict between private companies and
citizens. This involves relying on existing institutions, such as the various
Cadastral Commissions, courts and the National Authority for Land Dispute
Resolution.
Following
the United Nations Special Rapporteur on Cambodia Surya Subedi’s fact-finding
mission, and in a year when Cambodia is chairing the ASEAN Summit and seeking
membership in the UN Security Council, ADHOC reminds the Cambodian government
that their actions are under international scrutiny. Respect for human rights
and the rule of law, as well as the fight against impunity, are standards
against which Cambodia’s application for membership in international decision-making
institutions will be assessed.
The
growing cycle of violence related to land and natural resources rights
demonstrates that the current official policies are unsustainable, as more and
more citizens are deprived of their rights and livelihoods, and less and less
land is available for future generations. Without a clear political will to
address all land and natural resources-related issues, which includes respect
for the rule of law and a fairer distribution of the benefits and burdens of
development policies, it is likely that violence will continue to escalate.
For
more information, please contact:
Mr.
Ny Chakrya, Head of Monitoring Section at ADHOC: 011 274 959
Mr.
Nicolas Agostini, Technical Assistant: 078 405 024
Ms.
Orla Kelly, Technical Assistant: 067 727 025
Original source please link here
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CCHR PRESS RELEASE – Phnom Penh, 16 May 2012
Land Greed Causes Two Innocent Deaths With More Expected
A 14-year-old girl, Los Chantha, was shot dead at around 9am today in Broma village, Kampong Domrei commune, Chhlong district, Kratie province, and at least two other villagers arrested, during a violent forced land eviction. Witnesses report that hundreds of armed police and military police used rounds of live ammunition against 1,000 or so villagers to forcibly evict them from their property. The villagers were demonstrating against the loss of their farmland as a result of an economic land concession granted to a subsidiary of Russian-owned Kastin LLC. This is at least the fifth instance of authorities or law enforcement agencies shooting at civilians since November 2011 in cases relating to abuses of either land or labor rights.
On the same day as this murder, the land crisis claimed its second victim: a nine-month-old baby died of illness this morning, having suffered diarrhoea and fever since his family were forcibly evicted by local authorities from the now-infamous Borei Keila district in the capital, Phnom Penh, on 3 January 2012. The boy, Chan Samnang, fell ill as a direct result of wretched living conditions in a relocation site outside the city. According to a representative of the Borei Keila evictees – who have still not received any appropriate compensation or resettlement arrangements since being evicted to make way for a development by the infamous Phanimex company, owned by Suy Siphan – many more children and elderly people are falling ill as a result of the terrible conditions.
In line with domestic and international law, if concessions are to be granted, those affected should be consulted in advance and offered appropriate compensation, relocation facilities and redress mechanisms. The deadly combination of no rule of law and total impunity in Cambodia is driving villagers’ to resort to desperate measures to fight for their land and human rights. The authorities are responding with violence, in the hope that the problem will go away. Such disputes should be submitted to the jurisdiction of the courts, so that a proper and long-lasting solution can be found.
CCHR President Ou Virak, responding to these tragedies, comments:
“It is all very well cancelling any future land concessions, but if existing ones are leading to violent and miserable deaths, either through the gross negligence or bungling brutality of the authorities, then such actions are clearly not enough. That an innocent 14-year-old girl should be murdered in this way, while not surprising given recent incidents, is profoundly shocking and shows that the land crisis is spiralling out of control. That children should be dying at Borei Keila is heart-breaking and appalling. We have seen two needless deaths today. How many more innocent Cambodians will die before the Government wakes up and prevents an even bigger crisis? The impression is that either it is losing control of the country, or that the cancellation of land concessions is just for show. It is high time that it honored its obligations and defended its citizens from the sinister shadow of greed that is swallowing the country. It could start by launching a full and frank investigation into these deaths. ”
For more information, please contact Ou Virak via telephone at +855 (0) 12 40 40 51 or e-mail at ouvirak@cchrcambodia.org.
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LICADHO Calls for Investigation into Deadly Kratie ShootingReleased by Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
May 17, 2012 - LICADHO condemns the reckless and bloody attack on a Kratie village by soldiers and police on Wednesday, which resulted in the shooting death of a 14-year-old girl.
The authorities must conduct an immediate investigation into the shooting, and prosecute those responsible to the fullest extent of the law.
The military-style operation saw hundreds of soldiers, military police and police lock down the village a day prior to the shooting. The next morning, the armed forces, aided by a helicopter, stormed the village in Kampong Domrey commune. Authorities claim the operation was organized solely to arrest three ringleaders in an alleged "secession" plot. Villagers, meanwhile, say that the attack was motivated by an ongoing land dispute with Casotim, a firm that claims villagers are infringing on their land concession.
"This is a textbook case of excessive force, regardless of why this operation took place," said LICADHO Director Naly Pilorge. "The village was sealed off, the forces were heavily armed and tensions were high. The possibility of injury or death was not only foreseeable, it was highly probable. The authorities' recklessness was a direct cause of this girl's death."
According to witnesses, soldiers arrived at the village on the afternoon of May 15 and blocked off all access points. Early on the morning of May 16, approximately 300 or 400 villagers gathered to discuss the situation. They decided that they needed to leave the area, meet with external organizations and ask for help. At around 8 a.m., as they were getting ready to leave, the group heard gunshots.
About 20 villagers broke off from the group to investigate and confronted a column of 15 soldiers who were approaching them. The soldiers told the villagers to stop, but the group kept moving. The soldiers responded by firing an estimated five shots at the crowd. The size of the crowd began to swell. A second wave of shooting followed.
Admidst the gunfire, several villagers, including 14-year-old Heng Chantha, took cover outside Chantha's home. They took shelter on an elevated rattan bed, which was partially obscured by a pile of wood.
A witness claims that a soldier approached the pile of wood. Chantha got up to see what was happening. The soldier then shot her.
Up to six people were reportedly arrested, and two others injured. Since then, the area has remained locked down. Human rights workers and journalists have been unable to access the site of the incident, leaving villagers vulnerable to more abuses by the armed forces.
Provincial governor Sar Chamrong told media that the villagers were attempting to secede from Cambodia and were arming themselves with "axes, knives, hoes, crossbows and arrows." He also said that the operation went "successfully," although the village remains on lockdown.
"The secession allegations are a very transparent pretext - and not a very persuasive one - to justify the unlawful use of the military against civilians," said LICADHO President Dr. Pung Chhiv Kek. "Are we to believe that a few hundred villagers armed with sticks and crossbows are trying to start their own country? The more reasonable explanation is that they simply want to farm their own land."
The villagers have been embroiled in a well-publicized land dispute with Casotim since at least January. Villagers report that company officials prevented them from planting crops, and at least one of the "secessionist" ringleaders - community representative Bun Ratha - was previously arrested on charges of destroying Casotim property. Ratha was released after the villagers blocked a national road in solidarity with their representative.
Villagers also say that Casotim has never shown them documents proving that their land is part of the company's concession. In fact, the most recent records that are publicly available show that the border of Casotim's land concession is over 15 kilometers away from the village, meaning their claim over this area is questionable.
The shooting came less than 10 days after the Prime Minister issued a moratorium on the granting of new economic land concessions (ELCs) and called for a review of all existing concessions. The moratorium states that firms cannot develop ELC land belonging to communities, even if that land is contained within their concession. It also authorizes the government to revoke concessions that illegally infringe upon community land.
The Prime Minister stated separately in January that he would revoke the concessions of companies that employed violence against local communities.
"This deadly incident demonstrates the urgent need for the government to follow through with an honest review of all previously authorized concessions throughout the country," Kek said. "Failing to do so would be kicking dirt on the grave of a 14-year-old girl."
The shooting marks the eighth time since November 2011 that authorities have opened fire on Cambodian activists, including the shooting death of Chut Wutty on April 26. A total of 22 were injured in the eight incidents, including 10 from gunfire. Three people were killed, including a military police officer who died under mysterious circumstances in the Chut Wutty incident.
"This has been the most violent year ever documented by LICADHO in terms of the authorities' using lethal force against activists," Pilorge said.
In Phnom Penh and the 12 provinces in which LICADHO works - roughly half the country - over 400,000 people have been affected by land-grabbing and evictions since 2003. In 2011, nearly 11,000 additional Cambodian families were newly affected by land conflicts.
In a statement issued in January 2012 (see http://www.licadho-cambodia.org/pressrelease.php?perm=269), LICADHO President Dr. Pung Chhiv Kek warned that recent violence surrounding grassroots activity was a symptom of "an accelerating breakdown in Cambodian society."
"At the moment, it is largely the rural poor who are feeling the brunt," Kek said in the statement. "But land grabbing can only be pushed so far before it consumes the society as a whole. This is bad not only for ordinary Cambodians, but also for investors and others who are ostensibly benefiting from land redistribution."
LICADHO renews its call to address the root causes of this breakdown. That means combating impunity and ensuring equity, transparency and fairness in land rights.
LICADHO also calls for a prompt and impartial investigation into Wednesday's Kratie shooting, and an immediate suspension of Casotim's land concession pending a review.
Those responsible for firing on civilians should be arrested and prosecuted to the full extent of the law, as must any commanding officers or supervisors who can be held criminally liable under the law. Finally, as LICADHO has urged multiple times, the government and private companies must put a stop to the misuse of state armed forces.
For more information, please contact:
• Ms. Pilorge Naly, LICADHO Director, 012-803-650
• Dr. Pung Chhiv Kek, LICADHO President, 012-802-506
Statement of government on incident in Kratieh province
ភ្នំពេញ: អ្នកនាំពាក្យក្រសួងមហាផ្ទៃ នៅថ្ងៃទី១៦ ខែឧសភា ឆ្នាំ២០១២ បានចេញសេចក្ដីថ្លែងការណ៍ ដើម្បីការពារចំពោះសកម្មភាពរបស់សមត្ថកិច្ចចម្រុះ រាជរដ្ឋាភិបាល ដែលបានបង្ក្រាបលើប្រជាពលរដ្ឋ នៅស្រុកឆ្លូង ខេត្តក្រចេះ នាព្រឹកថ្ងៃទី១៦ ខែឧសភា ឆ្នាំ២០១២។
សេចក្តីថ្លែងការណ៍ បានលើកឡើងថា នៅភូមិសាស្ដ្រភូមិប្រម៉ា ឃុំកំពង់ដំរី ស្រុកឆ្លូង ខេត្តក្រចេះ មានពួកអនាធិបតេយ្យមួយក្រុមមានតួនាទីជាអ្នកដឹកនាំ និងជាសមាជិករបស់សមាគមអ្នកប្រជាធិបតេយ្យ ដែលមានឈ្មោះ ប៊ុន រដ្ឋា ជាមេខ្លោង បានប្រព្រឹត្តល្មើសច្បាប់រដ្ឋធម្មនុញ្ញ និងច្បាប់នានា ជាធរមាននៃព្រះរាជាណាចក្រកម្ពុជា។
នៅក្នុងសេចក្ដីថ្លែងការណ៍ បានលើកឡើងថា ឈ្មោះ ប៊ុន រដ្ឋា ជាមេខ្លោង បានប្រព្រឹត្តល្មើសច្បាប់រដ្ឋធម្មនុញ្ញ និងច្បាប់នានា ជាធរមាននៃព្រះរាជាណាចក្រកម្ពុជា ដោយ៖
១. បានតាំងខ្លួនធ្វើតួនាទីជំនួសអាជ្ញាធរ ដោយធ្វើការវាស់វែងដីធ្លីបែងចែកដល់ប្រជាជន ដែលខ្លួនបានបោកបញ្ឆោតឲ្យចូលជាសមាជិកសមាគមអ្នកប្រជាធិបតេយ្យ។
២. បានរារាំងសមត្ថកិច្ចនគរបាល មិនឲ្យបំពេញតួនាទីក្នុងការចុះស្រង់ស្ថិតិ ប្រជាពលរដ្ឋដែលកំពុងស្នាក់នៅក្នុងមូលដ្ឋាន។
៣. បានធ្វើការចាប់ខ្លួនយោធាចំនួន ២រូប បង្ខាំងទុក និងបានដកហូតអាវុធ ២ដើម ដោះយកគ្រាប់ចេញ។
៤. បានដឹកនាំធ្វើបាតុកម្មខុសច្បាប់បិទផ្លូវជាតិជាច្រើនលើក ធ្វើឲ្យប៉ះពាល់សណ្ដាប់ធ្នាប់សាធារណៈ ពិសេសការធ្វើដំណើររបស់ប្រជាពលរដ្ឋ។
៥. បានបង្កើតភូមិថ្មីមួយចំនួន និងប្រកាសរំសាយភូមិចាស់ទាំងបី ក្នុងឃុំកំពង់ដំរី បង្កើតការដាក់បារ៉ាស់ឆែកឆេរ គំរាមកំហែងប្រជាពលរដ្ឋ ឆក់ប្លន់ និងវាយធ្វើបាបប្រជាពលរដ្ឋដែលមិនស្ដាប់តាមក្រុមរបស់ពួកគេ។
៦. គាបសង្កត់អ្នកដឹកនាំភូមិ និងឃុំ មិនឲ្យទាក់ទងជាមួយអាជ្ញាធរមានសមត្ថកិច្ច និងបង្ខាំងប្រជាពលរដ្ឋមិនឲ្យចេញពីតំបន់ដែលខ្លួនគ្រប់គ្រង។
សេចក្ដីថ្លែងការណ៍បានលើកឡើងថា រាល់ទង្វើល្មើសច្បាប់ ដែលពួកមេខ្លោងអនាធិបតេយ្យ បាននិងកំពុងប្រព្រឹត្ត គឺជាការប្រឆាំងនឹងតួនាទីអាជ្ញាធររដ្ឋ ដែលកើតចេញពីការបោះឆ្នោតតាមគោលការណ៍នៃលទ្ធិប្រជាធិបតេយ្យ ហើយនេះគឺជាការប៉ុនប៉ងដើម្បីឈានទៅបង្កើតតំបន់អបគមន៍។
សេចក្ដីថ្លែងការណ៍បន្តថា ស្ថានភាពខាងលើនេះ បានចាប់បង្ខំឲ្យរាជរដ្ឋាភិបាល ចាំបាច់ត្រូវប្រើប្រាស់វិធានការស្របច្បាប់ ដើម្បីឈានទៅគ្រប់គ្រងរដ្ឋបាលនៅតំបន់នោះឡើងវិញ។
នៅក្នុងសេចក្ដីថ្លែងការណ៍ក៏បានលើកឡើងផងដែរថា នៅព្រឹកថ្ងៃទី១៦ ខែឧសភា ឆ្នាំ២០១២ កម្លាំងសមត្ថកិច្ចរបស់រដ្ឋាភិបាល បានបើកប្រតិបត្តិការចូលទៅគ្រប់គ្រងតំបន់នោះដោយជោគជ័យ ហើយកំពុងបន្តស្វែងរកចាប់ខ្លួនមេខ្លោងអនាធិបតេយ្យ ចំនួន ៥នាក់ ដែលមានឈ្មោះដូចខាងក្រោម៖
១. ឈ្មោះ ប៊ុន រដ្ឋា ភេទប្រុស អាយុ ៣២ឆ្នាំ ជនជាតិខ្មែរ ទីលំនៅសព្វថ្ងៃ ភូមិឈើខ្លឹម ឃុំរំចេក ស្រុកមេមត់ ខេត្តកំពង់ចាម។
២. ឈ្មោះ ប៊ុន ឆន ភេទប្រុស អាយុ ៥៥ឆ្នាំ ជនជាតិខ្មែរ ទីលំនៅសព្វថ្ងៃ ភូមិឈើខ្លឹម ឃុំរំចេក ស្រុកមេមត់ ខេត្តកំពង់ចាម។
៣. ឈ្មោះ សុខ តុង ភេទប្រុស អាយុ ៦១ឆ្នាំ ជនជាតិខ្មែរ ទីលំនៅសព្វថ្ងៃ ភូមិទឹកទុំ ឃុំកំពាន់ ស្រុកមេមត់ ខេត្តកំពង់ចាម។
៤. ឈ្មោះ ម៉ា ឆាង ភេទប្រុស អាយុ ៤៧ឆ្នាំ ជនជាតិខ្មែរ ទីលំនៅសព្វថ្ងៃ ភូមិកំពាន់ ឃុំកំពាន់ ស្រុកមេមត់ ខេត្តកំពង់ចាម។
៥. ឈ្មោះ ខាត់ សារឿន ភេទប្រុស អាយុ ៤២ឆ្នាំ ជនជាតិខ្មែរ ទីលំនៅសព្វថ្ងៃ ភូមិពន្លាក ឃុំចុងជាច ស្រុកមេមត់ ខេត្តកំពង់ចាម។
យ៉ាងណាក៏ដោយ ក្រុមសកម្មជនអង្គការសង្គមស៊ីវិល ដែលបានចុះទៅកាន់កន្លែងកើតហេតុ បានលើកឡើងថា ការបង្ក្រាបរបស់សមត្ថកិច្ចលើប្រជាពលរដ្ឋនោះ កើតឡើងដោយសារតែជម្លោះដីធ្លីដ៏រ៉ាំរ៉ៃ រវាងប្រជាពលរដ្ឋនិងក្រុមហ៊ុនឯកជន ដែលទទួលបានដីសម្បទានពីរដ្ឋាភិបាល។ អាជ្ញាធរបានបណ្តេញប្រជាពលរដ្ឋ ដើម្បីយកដីឲ្យក្រុមហ៊ុន។
ក្នុងព្រឹត្តិការណ៍ កាលពីព្រឹកថ្ងៃទី១៦ ខែឧសភា ឆ្នាំ២០១២ បណ្តាលឲ្យក្មេងស្រីអាយុ ១៤ ឆ្នាំម្នាក់បានស្លាប់ និងមានប្រជាពលរដ្ឋមួយចំនួនត្រូវចាប់ខ្លួន៕
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ព្រឹតិ្តបត្រច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀតឡើយ។ ព ច ក គ្រាន់ផ្តល់នូវចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕
