Wednesday, March 4, 2009

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Monday, January 26, 2009

Amnesty: Hundreds left homeless after forced eviction


Date 26 January 2009

Cambodia: Hundreds left homeless after forced eviction

The Cambodian authorities must stop denying people the right to housing and ensure adequate compensation and restitution for over 150 poor urban families who were forcibly evicted from central Phnom Penh at the weekend, Amnesty International said today.

Cambodian security forces and demolition workers forcibly evicted 152 families from Dey Kraham community in the early hours of 24 January 2009, leaving the vast majority of them homeless. At around 3 am, an estimated 250 police, military police and workers hired by the company claiming to own the land blocked access to the community before dispersing the population with tear gas and threats of violence. At 6 am excavators moved in and levelled the village. Some of the families were not able to retrieve belongings from their homes before the demolition. Officials from Phnom Penh municipality were present during the destruction.

“The most urgent task now is for the government to immediately address the humanitarian needs of these people, who have lost their homes and face imminent food and water shortages,” said Brittis Edman, Cambodia researcher. “They will also need assistance for a long time to come.”

Cambodia is a state party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and has an obligation to protect the population against forced evictions. Saturday’s events show all too clearly how little respect Cambodian authorities have for these requirements.

The Phnom Penh municipality has provided less than 30 of the 152 families with shelter at a designated resettlement site at Cham Chao commune in Dangkor district, some 16 kilometres from the city centre. Most of the other structures at the site are still under construction and lack roofs. There is no clean water, no electricity, sewage or basic services. Earlier, most of the affected community rejected being resettled there because it was too far from Phnom Penh, where they work, mostly as street vendors.

Since the forced eviction, the Dey Kraham community has been told that the company, which has allegedly purchased the land, has withdrawn earlier offers of compensation, leaving families who have been living in uncertainty and insecurity for more than two years, now faced with rebuilding their lives with nothing.

Local authority representatives sold the land to the company, 7NG, in 2005 without the knowledge, participation or consultation with the affected community. Some 300 families were coerced into moving amid threats, harassment and intimidation, while 152 families continued to dispute the validity of the sale and refused to give up the land without compensation.

Just over a week before the forced eviction, the affected community told the authorities and the company that they were willing to move if they received adequate compensation for the land, where many of them have lived, uncontested, for decades and to which they have strong claims under the 2001 Land Law. The company then increased the offer of compensation, but the two sides had not yet reached an agreement.

“It is an outrage that the Cambodian authorities went ahead with the forced eviction, when progress was being made towards a mutual settlement. Now hundreds of children, women and men are left homeless”, said Edman.

Forced evictions are one of the most widespread human rights violations in Cambodia, and those affected are almost exclusively marginalised people living in poverty, in both urban and rural areas. In 2008, at least 27 forced evictions affecting over 20,000 people were reported in the media and by local organisations.

Hundreds of land activists are facing spurious charges, and dozens have been imprisoned, as the rich and powerful are increasingly abusing the criminal justice system to acquire land and evict those living there. At least nine community representatives from Dey Kraham have been charged for criminal offences as a result of their peaceful defence of their right to housing.

As a state party to the International Covenant on Economic, Social and Cultural Rights Cambodia is obliged to ensure, before any planned evictions, that all alternatives are explored in consultation with those affected by the eviction. Evictions may only occur in accordance with the law and in conformity with international standards, including genuine consultation with those affected; adequate notice and information on the proposed eviction; and provisions of legal remedies for those affected. Evictions may only occur if they do not render individuals homeless or vulnerable to the violation of other human rights.

In May 2009, the Committee Economic, Social and Cultural Rights will consider Cambodia’s first and considerably delayed report on its compliance with the treaty.


Public Document

Sunday, January 25, 2009

Forced eviction of Phnom Penh slum

(Reuters) Saturday 80 families from a Phnom Penh slum by the Mekong River were forcibly evicted. Eight people were injured, at least two of them seriously. 300 workers backed by bulldozers and cranes cleared away the community. Witnesses said the workers were armed with clubs and stones, and that an old woman and a boy were hit by a bulldozer. The government recently sold the land to a private company who offered the families 20 000 USD for their land, which they rejected.

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Friday, January 2, 2009

Scapegoats released!

December 31st, the Supreme Court of Cambodia ruled the case of Born Samnang and Sok Sam Oeun to be further investigated and up for a retrial at the Appeal Court. Until then the two men, who have been in prison for nearly five years, will be released. Born Samnang and Sok Sam Oeun were sentenced to 20 years in prison in August 2005 for the murder of trade union activist Chea Vichea in January 2004. Both men had ailibi for the time of the shooting, and their detention and the trial have been highly critized both internationally and by local organizations.

The Phnom Penh Post reports that local human rights activists are surprised and very happy about the outcome of the December 31st trial, but that many of them don't believe in the independence of the Cambodian judiciary. Sara Colm of Human Rights Watch told the Post that "Looking back later, we would hope that this is when the Cambodian judiciary turned the corner.... But we can't say this solves the problem. One case doesn't make or break a long pattern of deeply entrenched impunity".

Earlier blogposts about the case: Amnesty International: Supreme Court must deliver justice, Controversial case to be heard by the Supreme Court, Release scapegoats!

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Friday, December 26, 2008

More governmental control over non-governmental organizations

Inter Press Service reports that Prime Minister Hun Sen wants stricter laws for local and international NGO:s in Cambodia. He claims the new laws is needed to control terrorists, but critics say this will restrict the democratic space yet more.

Borithy Lun, President for Cooperation Committee for Cambodia, the largest Cambodian umbrella organization for NGO:s, said to IPS that there is no need for stricter laws. Since all organizations need to register at the authorities, the government already knows about their acitivities.

Many observers say that the democratic space in Cambodia has shrinken after last summers election. Reporters without borders and Amnesty International has reported about a harder reality for journalists and human rights activists.

China has recently become one of Cambodia's most important donor countries, and Hun Sen has pointed out that unlike the western aid, the Chinese won't require conditions such as good governance.

Thursday, December 25, 2008

Amnesty International: Supreme Court must deliver justice


23 December 2008
AI Index No: ASA 23/044/2008

Cambodia: Supreme Court must deliver justice

The Cambodian Supreme Court must seize the opportunity to deliver justice in the high-profile murder case of union leader Chea Vichea on 31 December 2008, Amnesty International said today.

Amnesty International calls on the Supreme Court to dismiss the case against Born Samnang and Sok Sam Oeun, and ensure that they are released without delay and their names cleared. In view of the human rights violations perpetrated during their detention and trial, including torture or other ill-treatment, unfounded and inadmissible “evidence” and deeply flawed court proceedings, this is the only fair and just outcome for this case, the organization said.

Amnesty International believes that the true perpetrators of the murder remain at large, while Born Samnang and Sok Sam Oeun have spent almost five years in prison after a seriously flawed criminal investigation and a grossly unfair trial.

Born Samnang and Sok Sam Oeun had alibis for the time of the shooting on 22 January 2004. Instead of conducting a thorough, impartial investigation, police officers threatened and detained people who would provide these alibis, and intimidated other witnesses. Born Samnang repeatedly stated that police beat, coerced and bribed him into making a confession; despite this the Municipal Court accepted the confession as a central piece of evidence on the basis of which both men were convicted. On 1 August 2005, the Municipal Court sentenced them both to 20 years’ imprisonment for murder; on 6 April 2007, the Appeal Court upheld the decision, despite the prosecutor’s acknowledgment there was insufficient evidence.

Amnesty International repeats its calls to the Cambodian authorities to conduct an impartial and effective investigation into the murder of Chea Vichea so that those responsible for it are brought to justice.

The organisation also urges the authorities to initiate a thorough, independent and impartial investigation into the conduct of the case - including allegations of torture or other ill-treatment by police during the initial interrogation of the two men, intimidation of witnesses and political interference with the judicial process.

Chea Vichea, President of Cambodia’s Free Trade Union (FTU), was murdered on 22 January 2004 after receiving a series of death threats. He was shot dead in an assassination style killing at a news-stand in central Phnom Penh. Born Samnang and Sok Sam Oeun were arrested shortly afterwards on suspicion of his murder.

Chea Vichea was a well-known trade union leader who championed workers’ rights in Cambodia’s burgeoning garment industry and a founding member of the main opposition Khmer Nation Party (KNP) in 1995, renamed the Sam Rainsy Party (SRP) in 1998. He was elected President of the FTU, one of Cambodia’s largest trade unions, in 1999, when he left all official positions within the SRP.

Since Chea Vichea’s death another two FTU activists have been killed in Phnom Penh. In May 2004, Ros Sovannareth, FTU President at the Trinunggal Komara factory, was murdered. Thach Saveth was sentenced to 15 years in prison for his murder in a one hour trial described by observers as grossly unfair. On 24 February 2007, Hy Vuthy, FTU President at the Suntex factory, was shot dead. No one has been brought to justice for this killing, and by September 2008, a Phnom Penh court official told media that the investigation had been closed for lack of evidence. Moreover, numerous other trade union members have been victims of harassment, intimidation and violence.


Public Document

Wednesday, December 24, 2008

New suspects for the tribunal

Phnom Penh Post reports that sources from the Khmer Rouge Tribunal sais the court has identified six more potential candidates for prosecution.

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