The Mirror: Editorial: The Prime Minister’s Recommendations – Urgent Human and Environmental Concerns

August 31, 2008

Kids at Boeung Kak

(Above: life at the lake.)

[This blog will be linking and reposting The Mirror's translations and editorials on Boeung Kak in as close chronological order as possible.]

The Mirror, August 31, 2008

Mirrors have limits and cannot show everything. This Mirror of the Khmer press is similarly constrained because the press itself does not report everything, and we must select. We try to cope with these limitations by selecting a wide variety of items over time; combining the depth of translated articles with the overview of translated headlines; adding explanations and information in [square brackets] and underlined links to additional material available on the Internet; and recollecting past information that is relevant to present events.

This week’s current events demand to recall concerns and recommendations from the recent past.

Last Friday, we carried the translation of a long article “Those Who Live at Boeng Kak Lake Go to Give Their Thumbprints to Get Money and New Housing.

This article said that “500 families had agreed… to take the money offered, because they want to run their businesses and live in the new places with a good environment, and they do not want to live above the sewage at the lake which affects their heath.” – But the article does not say that all together 4,000 families are affected.

“All the citizens said that they want to see the company develop the Boeng Kak region soon, requesting that the company has to act very quickly and make good development, so that the area is not left unused or sold to another company.” – But while those who have to go are said to wish the company all the best, neither the name of the company, and nothing about the fact that the public has not seen any overall plan, is mentioned.

“Most of the citizens agreed to take US$8,000 and Riel 2 million, because they want to choose a new location by themselves where it is easy to run their everyday living businesses.” – Most of the 500 families out of 4,000, that is – moving to Chaom Chau, beyond the airport, to the outskirts of Phnom Penh 15 km away from close to the center of the city, where they are now.

“As for the development of the Boeng Kak region, it is seen that the company has started to pump sand into the lake, gradually, since 26 August 2008.”

Already in March 2007, Samleng Yuvachun Khmer had reported that there might be conflicts over the development of the Boeng Kak area. At that time, it was reported that the Phnom Penh municipality told the residents that there would be development ‘in place,’ meaning that, as part of the development project, people would be assisted to have new housing in the same area. Some details were reported:

“At present, the Boeng Kak area covers 133 hectares, which a company leased from the government at the price of $0.60 per square meter for every year according to the 99-year contract. The company has to pay roughly US$79 million for the lease of this area. Currently, there are 4,012 families living in this area, and the people have come to live in this area since the 1980s or 1990s. In an interview with people living in this area, most of them supported the project of development in place; that is, that they are not relocated to the outskirts during the construction.

The people of the Boeng Kak area are still afraid that the development project will probably affect their residences. Even though the Phnom Penh municipality authorities assured them about the development, the people are still concerned, and do not trust the Phnom Penh municipal authorities and the governor Kep Chutema, because the authorities have not considered the people’s interests as important.”

Now, it seems that the concept of development “in place” has been abandoned.

In January 2008, an article in Khmer Machas Srok highlighted concerns also about the environmental impact and the secretive method of concluding the contract:

“Shukaku Inc., has been preparing to connect a pipe to dredge sand from the Tonle Sap River opposite the Royal Palace to fill Boeng Kak Lake…

Before allowing Shukaku Inc. to dredge sand from the river to fill 133 hectares of Boeng Kak Lake, the Ministry of Meteorology and Water Resources, … the Ministry of Environment,… as well as other relevant institutions must join together to study carefully the impact on the environment, if this company dredges sand to fill Boeng Kak Lake, leaving only 10 hectares of the lake’s surface, in order to guard from damages…

[The newspaper] called the signing of the contract to grant the concession of Boeng Kak Lake to Shukaku Inc. seriously corrupt, involving senior officials in the government and in the Cambodian People’s Party, who do not think about the public interest and the impact on the environment. This huge development plan was not publicly announced so that other private companies could have participated in the bidding for the development of the Boeng Kak Lake area…

Shukaku Inc. belongs to Yeay Phou ['Grandmother Phou,' Mrs. Chheung Sopheap, the director of the Pheapimex company] and her husband Mr. Lao Meng Khin, who advises Prime Minister Hun Sen on international affairs,.. asking for an investment license in the Boeng Kak Lake area,… with a lease contract for 99 years at a price of more than $70 million. This price of the lease is considered by economists to be very cheap; moreover, the contract was signed quietly and secretly between the Council of Ministers, the Municipality, and Shukaku Inc.”

Later in January 2008, Areyathor reported that Samdech Heng Samrin, the President of the National Assembly – and also a Honorary President of the Cambodian People’s Party – had signed a letter for the suspension of pumping of soil to fill Boeng Kak lake, and the paper reported also that the Phnom Penh governor and vice-governor allegedly disagree with each other about filling Boeng Kak lake.

It is noteworthy that even the severe warnings of Prime Minister Hun Sen seem to have been completely disregarded in this matter. The Mirror had asked already in March 2007: “Do Phnom Penh City Plans Ignore the Prime Minister’s Recommendations?” We repeat the words of the Prime Minster below – the “11-Point Recommendations for the Environment: Over-Exploitation of Natural Resources Caused by Business Activities Will Result in the Loss of Natural Opportunities.

On 20.2.2007, The Mirror “reported the Prime Minister’s Eleven Point Recommendations for the environment and the concern that over-exploitation of natural resources caused by business activities will result in the loss of natural opportunities and protections. There are serious warnings about the long term negative consequences for the future of the country, if short term benefits are pursued recklessly, without the serious concern for the future. One cannot but wonder why these concerns are not reflected at all in the plans forcefully pushed ahead by the Phnom Penh municipal administration for the Boeng Kak area.

The Prime Minister makes it clear that utmost care is necessary when it comes to considerations about the natural environment, calling that strategies and action plans need to be revised every three years. Human insight into the delicate natural balance of environmental factors is still fairly new, and therefore plans need to be regularly adjusted in order not to miss some important points…

The Prime Minister stressed that it is difficult to protect endangered natural resources. Many voices have been reported which warn of severe flooding for the city of Phnom Penh if important reservoirs which provide temporary basins for excessive rain water – such as the Boeng Kak Lake – are filled in to a large extent. Who will be held responsible – and who will pay the enormous costs of flooding – when the warnings come true? The Prime Minister has emphasized that offenders must be held fully responsible for the consequences of their actions. How will this be realized, once the plans are implemented and if they have strong negative consequences?

The Prime Minister also stressed that successful and effective control of natural resources can best be achieved when the affected local people participate in the implementation of related programs. Until now, only rough ideas about the future have been shared with the public, and inquiries by the media about details have not resulted in much clarification, because the officials in charge ‘are too busy to talk to reporters.’ None of the press reports we are aware of mention anything about the most important recommendation of the Prime Minister: that in the case of environmentally sensitive developments, the Ministry of Environment should work with officials at all levels to create community statutes which make sure that the benefits from development based on the use of nature should be shared equitably.

The Prime Minister added that the possible impacts have to be assessed by the Ministry of Environment, and that such assessment has to be carried out transparently… It is obvious that the requirement that the assessments be transparent – especially to the people living in the area and being affected – has been disregarded.

Finally, it is astonishing that such far-reaching plans are being pursued without an open publicly announced bidding process. It is astounding that a hardly known company, which is identified in some media as Japanese and in others as Korean, got a 99-year lease agreement which will have fundamental consequences for the capital city of Cambodia for the next century – without broad public debate. One can only hope that the profound concerns expressed by the Prime Minister will be heeded before too much damage has been done.”

The Prime Minister’s recommendations from early last year urgently need to be fulfilled. Because the pumping of sand – the beginning of probably irreversible damage – has now started.

http://cambodiamirror.wordpress.com/boeng-kak-lake-the-prime-ministers-recommendations-urgent-human-and-environmental-concerns/

Tags: cambodia,eviction,housing,property


In The News: Mass Evictions?

August 29, 2008

IPS: Mass Evictions May Follow Lake Grab

“A plan to redevelop Phnom Penh’s largest remaining natural lake into a residential and shopping precinct has ignited a storm of protests and claims that it could result in the largest eviction in Cambodia’s post-war history.” http://ipsnews.net/news.asp?idnews=43720

Below: Life on the lake.
House on Boeung Kak

Tags: cambodia,eviction,housing,property


The Mirror: Article: Those Who Live at Boeng Kak Lake Go to Give Their Thumbprints to Get Money and New Housing

August 29, 2008

The Mirror, Vol. 12, No. 575

“Phnom Penh: On 27 August 2008, from morning to night, many citizens, including husbands, wives, and children 18 years and older, went to the headquarters of a company [the writer of this article, focused on this company, surprisingly does not name the company or give any related information] that has received a legal permit to develop the Boeng Kak region, so some residents start to go and give their thumbprints, to leave the Boeng Kak region, getting compensation money or new housing.

“Mr. Man Chhoeun, the Phnom Penh Municipal deputy governor and the person in charge of this task with a Boeng Kak regional developer company, said that 500 families had agreed to receive the compensation money of US$8,000 and Riel 2 million [approx. US$490] or new housing with Riel 2 million [approx US$490], costly solutions for the developer company.

“As for citizens who agree to take the compensation money or new housing, the company will continue to offer this, until no more family is left outside of this scheme.

“At the company headquarters, the citizens who went to accept the compensation money or new housing in order to leave the old region, said that they took the money because they want to run their businesses and live in the new places with a good environment, and they do not want to live above the sewage at the lake which affects their heath.

“The new housing that they agree to receive can be constructed one floor above the ground, and it is in Cham Chao, Dangkao. After leading their families to see [models of] those new housing, they agreed to give their thumbprints to accept the new housing, because they are satisfied with the new housing. All the citizens said that they want to see the company develop the Boeng Kak region soon, requesting that the company has to act very quickly and make good development, so that the area is not left it unused or sold to another company.

“While this exchange process is going on – [citizens accept money or housing while the company gets the thumbprints in exchange, showing that the citizens agree the leave the region], it is seen that the company had prepared documents very carefully, including fair lucky draws, and thumbprints are taken from husbands, wives, and children who are 18 or older, and the company explained clearly the statutes of the contracts, in order to avoid any future complicated problems.

“In the meantime, the company also informed about another good news: that the company offers Riel 100 million loans [approx. US$25,000] with a very low interest rate, to help the citizens from the Boeng Kak region who agree to live in new locations, to run small businesses.

“Now, the citizens living at the Boeng Kak Lake gradually go to give their thumbprints to receive the compensation money and new housing; as for the company, it is trying to prepare everything for the citizens without delay.

“Most of the citizens agreed to take US$8,000 and Riel 2 million, because they want to choose a new location by themselves where it is easy to run their everyday living businesses.

“As for the development of the Boeng Kak region, it is seen that the company has started to pump sand into lake, gradually, since 26 August 2008.” Rasmei Kampuchea, Vol.16, #1680, 29.8.2008

http://cambodiamirror.wordpress.com/2008/08/30/friday-2982008-those-who-live-at-boeng-kak-lake-go-to-give-their-thumbprints-to-get-money-and-new-housing/

Tags: cambodia,eviction,housing,property


Amnesty International and COHRE Press Release

August 27, 2008

27 August 2008

Cambodia: Lake filling must not lead to forced evictions

The filling of Boeung Kak Lake in central Phnom Penh should immediately stop until a proper process that ensures human rights protection is in place, said Amnesty International and the Centre on Housing Rights and Evictions (COHRE) today.

With work starting on the redevelopment of the lake, tens of thousands of Phnom Penh residents living in its immediate vicinity fear forced eviction. They were not notified the work was going to begin. Few details about the plans have been disclosed as to what will happen to the affected people – an estimated 3,000 to 4,200 families living on the shores of the lake and around the area.

Amnesty International and COHRE said the project process is in breach of both Cambodian and international law.

“In the absence of proper plans, compensation and adequate alternative housing for at least 3,000 affected families, the filling of the lake should be immediately halted. Otherwise, this may be the beginning of the biggest forced eviction in post-war Cambodia,” said Brittis Edman, Amnesty International’s Cambodia Researcher.

“If the government wishes to develop Boeung Kak, they should do so through a legal process, with the participation of communities that live around the lake,” said Dan Nicholson, Coordinator of COHRE’s Asia and Pacific Programme. “Affected communities need to be able to make informed decisions. The serious lack of clear information and accountability shows that preparations are just not in place.”

Background

The development plans for Boeung Kak Lake emerged in 2007, after the Municipality of Phnom Penh had entered into a 99-year lease agreement, handing over management of 133 hectares of land, including 90 per cent of the lake, to a private developer, Shukaku Ltd. According to the Municipality, this company will turn the area into “pleasant, trade, and service places for domestic and international tourists.”

As recently as two weeks ago, representatives of the Municipality conceded to journalists in Phnom Penh that they did not know how many people were affected, but estimated the number to be just 600 families. Local group surveys show the number to be far higher.

In breach of international law and standards the process leading up to the agreement between the company and the Municipality of Phnom Penh excluded affected communities from participation and genuine consultation. Information has been lacking throughout the process, and community members and housing rights advocates in Phnom Penh consider that offers of compensation and/or adequate alternative housing have not been systematic, while resettlement plans have been withheld from the public.

The agreement also appears to breach domestic law and implementing regulations in that no environmental impact assessment has been made public and no bidding procedure preceded the agreement. Moreover, according to the 2001 Land Law, the lake itself should be inalienable state land (so-called state public property), so its ownership cannot be transferred for longer than 15 years, during which time the function [of the property] must not change. Many of the affected families have strong legal claims to the land under the Land Law.

END/

Contact:

In Phnom Penh: Dan Nicholson, Centre on Housing Rights and Evictions: +855 17 523 274 or email: dan@cohre.org

In London: Brittis Edman, Amnesty International: +44 207 413 5773; +44 794 692 4473; bedman@amnesty.org

(Additional coverage at Ka-Set. http://ka-set.info/breves/breves/cambodge-actualite-boeung-kak-phnom-penh-expulsion-foncier-immobilier-080827.html )

Tags: cambodia,eviction,housing,property


Press Release: Housing Rights Groups Condemn Illegal Filling Of Boueng Kok

August 26, 2008

For Immediate Release:

Housing Rights Groups Condemn Illegal Filling Of Boueng Kak

26 August 2008

The Housing Rights Task Force (HRTF) strongly condemns the filling of Boueng Kok Lake.

Employees of a private company began pumping sand into Phnom Penh’s largest natural lake this morning at 9:00am. Local residents reported being told by company representatives that the pumping would continue eighteen hours a day until the entire lake is filled. The filling of the lake is a direct result of the unlawful 99-year lease agreement between the Municipality and Shukaku Inc. signed in February 2007.

These actions and the lease agreement itself stand in flagrant violation of the following laws:

  1. Restrictions on leasing State Public Land – According to the article 15 of the Land Law (2001) water bodies, such as lakes, are considered to be State Public Property. Article 18 of the Sub-decree 129 ANK.BK states that the leasing of state public property must not exceed 15 (fifteen) years. Because the lease between Shukaku and the Municipality is for 99-years, the lease is illegal.

  1. Restrictions on damaging State Public LandAccording to article 16 of the Sub-decree 129 ANK.BK, the leasing of state public property must not damage the property or change its function in providing a public service. Filling the lake will obviously do irreparable harm to the lake, and thus the current pumping is illegal.

  1. Infringement on privately held land – The lease agreement appears to transfer interest in land that is already legally possessed by local families under the 2001 Land Law. While the lake itself is State Public Property, many surrounding families have demonstrated legal claims to their property through legal possession. The filling of the lake threatens to flood their houses and destroy their homes.

Boeung Kak lake has historically been one of the most important of seven natural lakes around Phnom Penh, dating back to the early 1900s. It has not only been a place of recreation and enjoyment for Phnom Penh’s residents, but it serves as a natural reservoir for excess rainwater during the monsoon season. The public function of the lake is clear and this contract risks destroying that public function in violation of Cambodian Land Law.

Moreover there are growing concerns that the environmental impacts of filling the lake will create significant drainage problems in Daun Penh and Toul Kork districts as well as depriving the city of one of its most valuable landscape amenities. Phnom Penh has already witnessed an increase in flooding during the rainy season, which has been attributed to the filling of other city lakes, such as Pong Peay lake in Toul Kok district. The filling of Boueng Kok is a serious concern for all of Phnom Penh’s residents and it highlights the urgent need for protection of natural resources.

The Ministry of Environment (MoE) reportedly conducted an Environmental Impact Assessment (EIA) of the proposed development, but it has yet to release it to the public. “The residents of Phnom Penh deserve to see independently verified evidence that the lake filling will not cause flooding and other environmental problems for the city,” said Meas Kimseng, Coordinator of Sahmakum Teang Tnaut and member of the Housing Rights Task Force.

“Shukaku’s lease agreement is unlawful,” said David Pred, Cambodia Country Director of Bridges Across Borders Southeast Asia and member of the Housing Rights Task Force. “It does not provide any legal cover for the company to destroy this vital natural resource and to strip away the land and housing rights of tens of thousands of Cambodian citizens. It would never hold up in court in any country with an independent judiciary,” he added.

Dan Nicholson, Coordinator of the Asia and Pacific Programme of the Centre on Housing Rights and Evictions (COHRE), called on the Municipality and company to put an immediate halt to the pumping: “The filling of the lake is blatantly illegal; it should be stopped. If the government wishes to develop Boueng Kak, they should do so through a legal process, in consultation with the communities that live around the lake.”

Housing Rights Task Force member organizations and Boueng Kok residents are now preparing to file for an injunction order in the Courts of Cambodia to challenge these illegal actions.

Yeng Virak

Executive Director

Community Legal Education Center

David Pred

Country Director

Bridges Across Borders Southeast Asia

Measkim Seng

Coordinator
Sahmakum Teang Tnaut

For further information, please contact:

Khmer: Ms. Rachana Bunn, HRTF,

Tel: 092 546 325 or email: rachanabunn@gmail.com

or

Mr. Pen Raingsey, Resettlement Action Network

Tel: 012 953 593 or email: rainsey@ngoforum.org.kh

English: Mr. David Pred, BABSEA

Tel: 092 285 954 or e-mail: davidpred@babsea.org.

or

Mr. Dan Nicholson, COHRE

Tel: 017523274 or email: dan@cohre.org

The Housing Rights Task Force (HRTF) is a coalition of more than 20 local and international organizations dedicated to protecting housing rights, including forced evictions that are not in conformity with international human rights law and domestic law. HRTF is working to support community action and strengthen civil society organizations to promote housing rights in Cambodia.

Tags: cambodia,eviction,housing,property


In The News: Legality of Lake Evictions

August 18, 2008

IRIN, 18 August 2008: CAMBODIA: Questions over legality of evictions in name of development

“Cambodia’s 2001 land law clearly states that lakes are public property and cannot be sold.
Another 1996 law states that the natural resources of Cambodia should be “conserved, developed, managed, and used in a rational and sustainable manner,” said land activist Chak Sopheap.
To get around this, instead of directly selling the lake to developers, the Phnom Penh Municipality has leased it for 99 years to Shukaku Inc., said David Pred, co-founder of the non-governmental organisation (NGO) Bridges Across Borders. “The lease is illegal because the lake is state public property and cannot be leased for more than 15 years or damaged or destroyed,” he told IRIN. “By filling in the lake, it will be destroyed.” “  http://www.irinnews.org/Report.aspx?ReportId=79863

(below: life at Boeung Kak)
Boeung Kak

Tags: cambodia,eviction,housing,property


Sub-Decree Boeung Kak (August 7, 2008)

August 7, 2008