CCHR Media Comment, Phnom Penh, 2
October 2012
Contempt Shown for The Universal
Declaration of Human Rights as Andong Community
Faces its Second Forced Eviction
Without Compensation
The Cambodian Center for Human Rights
(“CCHR“) expresses its grave concerns regarding the forced evictions of nineteen
families in Andong village near Phnom Penh, scheduled for 3 October 2012, as
was reported in a recent article[1]
in Open Development Cambodia.
Nor is this the first time that these
families have suffered eviction: in 2006, 1,554 families were violently evicted
from the Sambok Chab village in Phnom Penh with the use of police and
military police forces using electric shock batons, shields, guns and tear gas
in forcing families from their homes and arbitrarily resettling them to the relocation site in Andong village – a rural area 25 kilometers from the
capital. Government officials failed to honor their promises
to the villagers of both comparable replacement land and appropriate
compensation, with many villagers now living with no shelter, electricity,
running water, public infrastructure, services, or employment opportunities in
a site which is prone to flooding in the rainy season. Furthermore, the land on which the villagers’
former homes were located remains vacant and unused, despite its seizure for the
purposes of planned commercial development.
The villagers have been left in a legal void, with no realistic
expectations of obtaining legal title to their land, no legal recourse to remedy
their situation, and future generations relegated to extreme poverty. After
enduring seven years of misery, 19 of these families are now being evicted once
again without compensation.
While CCHR
notes that that such evictions to allow for the building of new roads may be in
the “public interest“ and therefore technically legal under the Land Law 2001, we
also note that it is required under this
law that fair compensation be paid to the people whose property is seized.
We express
deep concern with the failure by the Royal Government of Cambodia (the “RGC”)
to observe internationally recognized human rights standards such as the
Universal Declaration of Human Rights, Article 25, which states that “everyone has the right to a standard of
living adequate for the health and well-being of himself and of his family,
including food, clothing and housing.” The RGC
is also under an obligation to provide appropriate compensation. Moreover, the RGC has ignored protections
affording women and children the right to adequate living conditions and housing
under the International Convention on the Elimination
of All Forms of Discrimination Against Women.
Arguably, the treatment of these families also contravenes the
Convention Against Torture, as their human dignity and futures have been
psychologically and physically affected by such actions.
Vann Sophath, Co-ordinator of the Land
Reform Project:
“Despite the RGC
stated intention to resolve land disputes by securing the Cambodian people’s
access to land ownership, and despite promises to
implement several recommendations related to land issues made by the Human
Rights Council during the Universal Periodic Review in 2009, this forced
eviction shows that once again the authorities are failing to honor their
promises to provide evictees with appropriate compensation and promised ownership
titles. This second eviction of these
nineteen families without any compensation illustrates not only their terrible
luck but also the total absence of consideration by the authorities for human
rights, the law, or the lives of Khmer citizens.”
For more information, please contact Vann
Sophath, Land Reform Project Coordinator (tel: +855 (0) 12 941 206 or e-mail: vann.sophath@cchrcambodia.org or Robert Finch, Senior Consultant (tel: +855 (0) 78 809 960 or Robert.finch@cchrcambodia.org) .
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