Losing Ground - Human Rights Party.

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Losing Ground Sharing Ground? The Cambodian Human Rights Action Committee The immense strides Cambodia has made in many sectors over the past 30 years is sometimes overlooked by the media, donor and diplomatic communities. As Cambodian human rights organizations, we are well aware of the deep complexity and historical roots of the problems our nation still faces. We know that genuine solutions are simple to plan, but difficult to accomplish on the ground. As an NGO coalition we can offer to be a bridge to support genuine and productive dialogue between communities and policy-makers. The following pages present a painful look into the lives of people affected by forced evictions and intimidation, mainly the rural poor. The human rights abuses described range from loss of livelihood and health problems to violence and imprisonment. Still, this book is not intended to attack our government or detract from our accomplishments as a nation. It is a collection of voices from people rarely heard and as such we see it as a step towards more inclusive and equitable development. These voices belong to Cambodians who have been or are facing eviction. Most have insisted that their names and photographs be used, believing that openness will bring justice and appropriate solutions. Such trust is inspiring. We believe it is the springboard for the next stage of Cambodia’s recovery from decades of civil strife, much of which was prolonged or exacerbated by foreign powers. Cambodia’s Constitution enshrines the right to freedom of expression, a right that Cambodians need to be able to exercise freely, without fear of reprisals. Fear, a hurdle to genuine development, is receding. Freedom of expression and citizen participation make it more possible that constructive partnership can be developed between citizens and their government. We recognise the achievements of the government and believe mutually respectful dialogue will ensure that we, as a nation, continue to move forward. After listening carefully to those affected by the loss of land and livelihoods, we are making four requests to address their plight: 1) all those who (in the following pages) demonstrate their trust in justice should be assured that they are safe to do so; 2) our Land Law should be enforced more rigorously; 3) courts, authorities and the military should serve to protect the people and be held accountable for failures to do so; and 4) Cambodian citizens should be encouraged to participate more fully in the development of our country and their enhanced participation should enhance the benefits they receive. People’s participation is, we believe, necessary for the next stage of re-building Cambodia. We believe our government, like Cambodian citizens, is searching for ways to reach the next stage and that the starting point is finding shared ground through mutually respectful dialogue. Homes are sinking into Boeng Kak Lake as it is being filled with sand to prepare for one Cambodia’s most controversial development projects. 6 Forced Evictions and Intimidation in Cambodia
Losing Ground The Long March Battambang Residents of Ovor Preng community, Chrouy Sna village pray and set court documents afire to demonstrate their frustration with their 12-year legal battle to retain land they began clearing, demining and farming in 1990-1992. Residents say harassment by provincial police has increased since they walked to Phnom Penh in 2008 to seek help from Prime Minister Hun Sen. The Case: Chrouy Sna village, Bavel district • Land dispute between 38 families and three well-connected businessmen based in the provincial capital. • 12-year court battle with one businessman who claims to own 125 hectares of the farmers’ land. • Five-year dispute at Cadastral Commission with with two other businessmen, who claim 70 hectares • Residents have been jailed, apparent assassination attempt of community leader on April 16, 2009. (Assailant shot the wrong person.) • Residents joined farmers from nearby villages to walk to Phnom Penh in 2008 to seek assistance from Prime Minister Hun Sen. Several were assaulted and told to go home. • Commune and district officials support village residents and have affirmed that the residents have been farming the land since 1990-1992, but lawyers from Legal Aid of Cambodia allege that both the provincial court and Cadastral Commission are biased against them. Forced Evictions and Intimidation in Cambodia 7
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