COHRE Protest Cambodia 2009

17 March 2009 His Excellency Hun Sen Prime Minister Cabinet of the Prime Minister 38, Russian Federation Street Phnom Penh CAMBODIA Request to protect the Reak Reay community from forced eviction Dear Mr. Prime Minister, The Centre on Housing Rights and Evictions (COHRE) is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the United Nations and works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.

COHRE would like to draw your attention to the ongoing forced eviction of the Reak Reay community by the Bassac Garden City company and Canadia Bank. The Reak Reay community is located in Group 46A in Phum 8, Sangkat Tonle Bassac, Kham Chamkarmon in Phnom Penh. We are writing to request that Your Excellency intervenes in this case to protect the housing rights of the community and to prevent further human rights violations. COHRE wrote to your Government on 27 February 2008 to express concern about Canadia Bank’s attempts to encroach on Reak Reay community land and the excessive use of force against non-violent attempts by the community to protect their land. We have not received a response to date.

The land dispute between the Reak Reay community, Bassac Garden City and Canadia Bank dates back to 20052006, when the companies began filling in land, leading to the destruction of some houses. Originally, more than 200 families lived in Reak Reay. Due to previous eviction attempts and continued intimidation, 60 families now remain in Reak Reay. Since the beginning of the land dispute, the community has sought to negotiate with authorities and Canadia Bank. In May 2007 the community was informed that their land was needed for a road development project. However, a letter from the Municipality of Phnom Penh dated July 2007 ordered the community to vacate the ‘company land’, indicating that the land is intended for private sector development.

The community was subsequently offered four options, including relocation and different methods of financial compensation. However, in November 2007 the community was again ordered to vacate the land and to relocate to a site in Trapeang Anh Chanh in Khan Dangkhor, without any mention of financial compensation. Repeated requests by the community to receive information about the development plans for the land were rejected. As a result, the community refused relocation to Trapeang Anh Chanh and continued to live on their land.

On 30 January 2009, the Council of Ministers issued Notice No. 157 in response to a request from the Chairman and Chief Executive Officer of Canadia Bank, for intervention by Your Excellency in the Reak Reay case. The notice informs the community of two options available to them: • •

On-site upgrading through the construction of apartment blocks on the site; Housing at a relocation site in Damnak Trayeung and USD 10,000 financial compensation (comprising USD 9,000 from Canadia Bank and USD 1,000 from the Municipality of Phnom Penh).

Notice No. 157 entrusts the Governor of Phnom Penh with the planning and implementation of the onsite upgrading option, and advises the community to choose one of the options as soon as possible. Your Excellency approved the letter by the Chairman and CEO of Canadia Bank and referred it to the Council of Ministers for further action, resulting in Notice No. 157.

COHRE is deeply concerned to note that despite Notice No. 157, construction workers began erecting a fence around the community’s land in early March 2009. By 12 March 2009, the fence completely cut off access to the houses. On 15 March 2009, construction workers began demolishing houses despite resistance by residents.

Construction workers have destroyed 17 houses so far. Police provided protection to these illegal operations and tried to prevent access to journalists and human rights observers. Some residents have reluctantly accepted a relocation and compensation offer that they maintain is inadequate. Due to a history of violence against community members to force them off their land, the families fear serious repercussions and even violence should they continue to stay.

The encroachment on the land of the community on the part of Bassac Garden City and Canadia Bank is illegal under national laws. Specifically, the fencing off of the land and the destruction of property constitutes a penal offence under article 253 of the Land Law (2001). Community members have lived in Reak Reay since the 1990s and can clearly document their possession rights under the Land Law. Some community members have applied for ownership titles, but their applications were rejected. However, even as legal possessor, their land rights are to the exclusion of all others. Any transfer of land has to be in agreement with them. In addition, expropriation of community land for a private development project does not constitute public interest.

As a state party to the International Covenant on Economic Social and Cultural Rights, the Government of Cambodia is obliged to respect and protect the right to adequate housing, including the prohibition on forced evictions and the threat of forced evictions, as guaranteed under Article 11(1). According to General Comment 7 of the UN Committee on Economic, Social and Cultural Rights, which is mandated to monitor compliance with the Covenant, States must ensure that the law is enforced against its agents or third parties who carry out evictions.

Cambodia also has a duty under article 17 of the International Covenant on Civil and Political Rights, to which it is a state party, not to arbitrarily or unlawfully interfere with any person’s privacy, family or home. Pursuant to the Covenant everyone has the right to the protection of the law against such interference or attacks.

The national government of Cambodia has an obligation under international law to ensure that private companies such as Bassac Garden City and Canadia Bank do not commit violations of these obligations.

In view of these domestic and international legal obligations, and the commitment of the Government of Cambodia to ensure that government officials and private individuals or companies are not involved in illegal land grabbing, COHRE requests that Your Excellency intervene in this case to ensure that:

Bassac Garden City and Canadia Bank immediately disassemble the fence and allow community members full access and use of their houses and land; Bassac Garden City and Canadia Bank refrain from any further activities that hinder community members from exercising their rights to the land; All information about the planned use for the land, both regarding road and private developments, and including onsite upgrading plans, is fully disclosed to the community; Bassac Garden City, Canadia Bank and the Municipality of Phnom Penh negotiate through meaningful consultations with the community to reach a fair settlement; The Municipality of Phnom Penh ensures that no further infringements of the rights of the community occur through actions of Bassac Garden City, Canadia Bank or any other third parties; All those whose houses have been demolished or damaged by the fencing activities are immediately and adequately compensated; All circumstances of the case are investigated and perpetrators of any illegal activities are held accountable.

Representatives of COHRE in Cambodia would welcome the opportunity to meet with you regarding this matter.

We look forward to your response. Thank you for your time and consideration.

Sincerely,

Salih Booker Executive Director

CC: H.E. Kep Chuktema Governor of Phnom Penh H.E. Sar Kheng Deputy Prime Minister Minister of Interior H.E. Im Chhun Lim Senior Minister, Ministry of Land Management, Urban Planning and Construction Secretary of State, Ministry of Land Management, Urban Planning and Construction Mr. Pung Kheav Se Chairman and Chief Executive Officer Canadia Bank PLC Mr. Touch Samnang Project Manager Bassac Garden City Ms. Raquel Rolnik Special Rapporteur on Adequate Housing Office of the UN High Commissioner for Human Rights