អង្គការ​១២២ ទាម​ទារ​ឲ្យ​បញ្ឈប់​និទណ្ឌ​ភាព​និង​ហិង្សា​នៅ​កម្ពុជា​

 អ៊ឹង ប៊ុនថន, VOD, ថ្ងៃព្រហស្បតិ៍ ទី31 ឧសភា ឆ្នាំ2012 

អង្គការសង្គមស៊ីវិលជាតិនិងអន្តរជាតិចំនួន១២២ បានបន្តទាមទារបន្ថែមទៀត ឲ្យបញ្ឈប់វប្បធម៌និទណ្ឌភាព និងការប្រើហិង្សាទៅពលរដ្ឋទំនាស់ដីធ្លីនិងសកម្មជនសិទ្ធិមនុស្ស ដែលប្រព្រឹត្តិដោយសមត្ថកិច្ចរបស់រដ្ឋាភិបាល។

នៅក្នុងសេចក្តីថ្លែងការណ៏រួមរបស់អង្គការទស្សនៈពិភពលោក លីកាដូ អាដហុក គណៈកម្មាធិការប្រព្រឹត្តកម្ម (CHRAC) និងអង្គការផ្សេងៗទៀត សរុបចំនួន១២២ ដែលចេញកាលពីថ្ងៃទី៣០ ខែឧសភានេះ បានថ្កោលទោសកម្លាំងប្រដាប់អាវុធ ដែលវាយបង្រ្កាបទៅលើអ្នកភូមិ និងបាញ់សម្លាប់ពលរដ្ឋក្នុងជម្លោះដីធ្លី និងសកម្មជនការពារព្រៃឈើ។

សេចក្តីថ្លែងការណ៏រួមនោះ បានលើកយកករណីបាញ់សម្លាប់លោកឈុត វុទ្ធី ប្រធានអង្គការការពារធនធានធម្មជាតិ ការបាញ់សម្លាប់ក្មេងស្រីឈ្មោះហេង ចន្ថា អាយុ១៤ឆ្នាំ នៅខេត្តក្រចេះ ការបាញ់ប្រហារកម្មការិនីរោងចក្រនៅខេត្តស្វាយរៀង និងចុងក្រោយការចាប់ស្រ្តីអ្នកភូមិបឹងកក់ដាក់ពន្ធនាគារ ដោយសារជម្លោះដីធ្លី។

សេចក្តីថ្លែងការណ៏នេះ បានហៅការប្រើហិង្សាទាំងនោះថា បានរំលោភយ៉ាងធ្ងន់ធ្ងរលើមាត្រា៤១នៃច្បាប់រដ្ឋធម្មនុញ្ញកម្ពុជា និងអនុសញ្ញាអន្តរជាតិនានាដែលកម្ពុជាចុះហត្ថលេខា បញ្ជាក់ថា ពលរដ្ឋកម្ពុជាមានសិទ្ធិសេរីភាពសម្តែងមតិដោយសេរី។

អង្គការសង្គមស៊ីវិលជាតិនិងអន្តរជាតិទាំង១២២នេះ បានទាមទារឲ្យមានការស៊ើបអង្កេតករណីដែលបានកើតទាំងអស់នោះឡើងវិញ ដោយពួកគេមិនបានចាត់ទុកថា ការបាញ់សម្លាប់ពលរដ្ឋកន្លងមក ជាការចៃដន្យ ដូចអ្វីដែលរដ្ឋាភិបាលកម្ពុជាអះអាងនោះទេ៕

សហគមន៍​អន្តរជាតិ​ថ្កោលទោស​រដ្ឋាភិបាល​អំពី​ការ​រំលោភ​សិទ្ធិ​មនុស្ស

 តាំង សារ៉ាដា, RFA, ថ្ងៃទី 30 ខែ ឧសភា ឆ្នាំ ២០១២

ភ្នាក់ងារអង្គការសិទ្ធិមនុស្សអន្តរជាតិ បានទាមទារឲ្យរដ្ឋាភិបាលទីក្រុងភ្នំពេញ បញ្ឈប់ជាបន្ទាន់នូវការរំលោភសិទ្ធិមនុស្សធ្ងន់ធ្ងរដែលកំពុងកើតមានទៅលើជនស៊ីវិល និងព្រះសង្ឃ។

កម្លាំងសមត្ថកិច្ចចាប់ព្រះកាយព្រះភិក្ខុ លួន សុវ៉ាត នៅមុខសាលាដំបូងរាជធានីភ្នំពេញ កាលពីរសៀលថ្ងៃទី២៤ ខែឧសភា ឆ្នាំ២០១២។

ការជំរុញរបស់ក្រុមនេះ ធ្វើឡើងនៅបន្ទាប់ពីសមត្ថកិច្ចកម្ពុជា បានបង្ក្រាបយ៉ាងហិង្សាទៅលើក្រុមបាតុករក្នុងបញ្ហាដីធ្លី រួមនឹងការចាប់ខ្លួនពលរដ្ឋចំនួន ១៣នាក់ ព្រមទាំងការគំរាមខាងផ្នែកតុលាការទៅលើព្រះសង្ឃពីបទញុះញង់ជាដើម។

សង្គមស៊ីវិលជាតិ និងអន្តរជាតិ បានថ្កោលទោសយ៉ាងខ្លាំងចំពោះសមត្ថកិច្ចទីក្រុងភ្នំពេញ ដែលបានប្រើហិង្សា និងដាក់លក្ខខណ្ឌទាំងបង្ខំដល់ភិក្ខុ លួន សុវ៉ាត ឲ្យបញ្ឈប់ការឈឺឆ្អាលរបស់ព្រះអង្គទៅលើទុក្ខវេទនារបស់ពលរដ្ឋ ដូចកើតមានចំពោះអ្នកភូមិនៅតំបន់បឹងកក់ និងពលរដ្ឋសហគមន៍បុរីកីឡាជាដើម។

នាយកប្រតិបត្តិនៃគណៈកម្មការសិទ្ធិមនុស្សអាស៊ី លោក វ៉ង កៃស៊ីង (Wong Kaishing) មានប្រសាសន៍ថា កម្ពុជាគួររក្សាសេចក្ដីថ្លៃថ្នូររបស់ខ្លួនតាមរយៈការគោរពសិទ្ធិមនុស្សឲ្យបានត្រឹមត្រូវ និងបញ្ឈប់ជាបន្ទាន់នូវការបង្ក្រាបហ្វូងបាតុករ ឬការចាប់ក្រុមអ្នកតវ៉ាយ៉ាងហិង្សា ដើម្បីផ្ដន្ទាទោសដោយគ្មានហេតុផល និងមូលដ្ឋានច្បាប់។

លោក កៃស៊ីង មានប្រសាសន៍ថា សម្ពាធដ៏ធ្ងន់ធ្ងររបស់រដ្ឋាភិបាលកម្ពុជា មកលើពលរដ្ឋរបស់ខ្លួនអាចនាំឲ្យកម្ពុជាបរាជ័យក្នុងការធ្វើជាប្រធានអាស៊ាន និងខូចកេរ្តិ៍ឈ្មោះក្នុងឆាកអន្តរជាតិ ក្នុងបរិបទនៃការរំលោភសិទ្ធិមនុស្ស៖ «នេះគឺគំនាបដ៏អាក្រក់របស់រដ្ឋាភិបាលមកលើពលរដ្ឋស្លូតត្រង់។ យើងទាមទារឲ្យរដ្ឋាភិបាលដោះលែងពលរដ្ឋដែលកំពុងជាប់ឃុំឃាំងដោយសារបញ្ហាដីធ្លីទាំងនោះ កាន់តែឆាប់តាមដែលអាចធ្វើទៅបាន។ ម៉្យាងទៀតអាជ្ញាធរមានសមត្ថកិច្ចមិនត្រូវចាប់ខ្លួនអ្នកដែលគ្រាន់តែបញ្ចេញតាមឆន្ទៈរបស់គេដាក់ពន្ធនាគារនោះឡើយ»។

ការថ្លែងរបស់មន្ត្រីជាន់ខ្ពស់នៃគណៈកម្មការសិទ្ធិមនុស្សអាស៊ី រូបនេះ ធ្វើឡើងនៅបន្ទាប់ពីមានការធ្វើទុក្ខបុកម្នេញផ្នែកតុលាការមកលើព្រះតេជព្រះគុណ លួន សុវ៉ាត និងការចាប់ខ្លួនពលរដ្ឋតំបន់បឹងកក់ ១៥នាក់ កាលពីពេលថ្មីៗនេះ។

ក្រុមអ្នកឃ្លាំមើលអំពីការគោរពសិទ្ធិមនុស្សក្នុងស្រុកព្រមានថា ប្រសិនបើរដ្ឋាភិបាលមិនផ្តល់លទ្ធភាពគ្រប់បែបយ៉ាងឲ្យពលរដ្ឋមានសិទ្ធិក្នុងការបញ្ចេញមតិដោយសេរី និងមានដំណោះស្រាយសមរម្យនូវរាល់វិបត្តិទាំងឡាយ ដែលកើតមានក្នុងសង្គមទេ នោះទស្សនវិស័យនៃការអភិវឌ្ឍប្រទេស នឹងមិនអាចមានលក្ខណៈយូរអង្វែងបានឡើយ។

មន្ត្រីផ្នែកស៊ើបអង្កេតរបស់អង្គការការពារសិទ្ធិមនុស្សលីកាដូ (Licadho) លោក អំ សំអាត បានថ្កោលទោសចំពោះសកម្មភាពរបស់អាជ្ញាធរទីក្រុងភ្នំពេញ គ្រប់លំដាប់ថ្នាក់ ដែលបានប្រើសកម្មភាពហិង្សាយ៉ាងកំរោល និងអាក្រក់មើលជាទីបំផុត ក្នុងការចាប់ខ្លួនព្រះតេជព្រះគុណ លួន សុវ៉ាត នៅកណ្ដាលថ្ងៃត្រង់ ក្នុងចំណោមមនុស្សជាសាក្សីរាប់រយនាក់នៅទីសាធារណៈ។

លោក អំ សំអាត ថ្លែងបន្តថា រដ្ឋាភិបាលដែលពោរពេញទៅដោយកងកំលាំងប្រដាប់អាវុធរាប់ម៉ឺននាក់ កំពុងភ័យព្រួយចំពោះសកម្មភាពតស៊ូមតិដោយសន្តិវិធីរបស់ព្រះសង្ឃ និងជនស៊ីវិលស្លូតត្រង់ដៃទទេ ដែលស្រេកឃ្លានការសំដែងមតិ ដែលជាសិទ្ធិពលរដ្ឋស្របច្បាប់របស់ខ្លួនដើម្បីប្រយោជន៍ក្នុងសង្គមកម្ពុជា។

លោកបានទាមទារឲ្យរដ្ឋាភិបាលបន្ថែមការការពារ និងការលើកស្ទួយក្រុមមនុស្សដែលមានឆន្ទៈស្នេហាជាតិ មាតុភូមិទាំងនោះវិញ ទើបជាដំណោះស្រាយសំរាប់ពុទ្ធចក្រ និងអាណាចក្រ។

ទោះបីជាយ៉ាងណាក៏ដោយ មន្រ្តីជាន់ខ្ពស់របស់រដ្ឋាភិបាលមិនគាំទ្រចំពោះសកម្មភាពរបស់ព្រះសង្ឃទាំងឡាយណាដែលជ្រៀតជ្រែកទាំងខុសគន្លងធម៌វិន័យ និងទាំងខុសច្បាប់របស់រដ្ឋ ហើយថា ទង្វើបែបនេះអាចនាំទៅដល់ការធ្វើអោយមានអស្ថិរភាពក្នុងសង្គម។

អ្នកនាំពាក្យនៃទីស្ដីការគណៈរដ្ឋមន្ត្រី លោក ផៃ ស៊ីផាន បានចោទថា សកម្មភាពរបស់ព្រះតេជព្រះគុណ លួន សុវ៉ាត ជាសកម្មភាពធ្វើបដិវត្តន៍ ហើយទង្វើបែបនេះផ្ទុយពីគោលការណ៍ព្រះពុទ្ធសាសនាជាតិ។ លោកបន្តថា ព្រះសង្ឃគ្រាន់តែជាទីសក្ការៈសំរាប់ពុទ្ធបរិស័ទប៉ុណ្ណោះ ហើយដែលមិនត្រូវចេញធ្វើសកម្មភាពនយោបាយ បះបោរ តតាំង ដូចកាលពីសម័យអាណានិគមបារាំងនោះឡើយ។

កាលពីថ្ងៃទី២៤ ឧសភា អាជ្ញាធរទីក្រុងភ្នំពេញ បានចាប់ខ្លួន ព្រះព្រះតេជព្រះគុណ លួន សុវ៉ាត នៅមុខតុលាការក្រុងភ្នំពេញ ខណៈព្រះអង្គរួមជាមួយអ្នកតវ៉ាជាច្រើននាក់ទៀត ឈរតវ៉ាដោយសន្តិវិធី អំពាវនាវសុំដោះលែងស្រ្តីរងគ្រោះដោយបញ្ហាដីធ្លីនៅបឹងកក់ ដែលអាជ្ញាធរបានចាប់ខ្លួនចំនួន ១៣នាក់។

សមត្ថកិច្ចចម្រុះ រួមទាំងក្រុមមន្ត្រីសង្ឃជាន់ខ្ពស់បានដាក់កំហិតឲ្យព្រះអង្គឈប់ដឹកនាំបាតុកម្ម កូដកម្ម កុប្បកម្ម ឬសកម្មភាពតវ៉ាជំទាស់គ្រប់រូបភាពដែលបង្កអោយមានការប៉ះពាល់ដល់សន្តិសុខសណ្ដាប់ធ្នាប់សាធារណៈ បើមិនដូច្នោះទេ នោះព្រះអង្គនឹងប្រឈមចំពោះមុខច្បាប់ដោយគ្មានតវ៉ា ហើយអាចត្រូវចាប់ផ្សឹកចោទប្រកាន់ពីបទញុះញង់ឲ្យប្រព្រឹត្តឧក្រិដ្ឋ។

នាយកប្រតិបត្តិទទួលបន្ទុកកិច្ចការតំបន់អាស៊ី នៃអង្គការឃ្លាំមើលសិទ្ធិមនុស្ស Human Rights Watch លោក ប្រែត អាដាម (Brad Adams) បានសម្ដែងក្តីរន្ធត់ និងសឹងតែមិនជឿនៅពេលលោកបានឃើញខ្សែវីដេអូអំពីការប្រើកំលាំងសមត្ថកិច្ចចាប់ខ្លួនភិក្ខុ លួន សុវ៉ាត។ លោកបញ្ជាក់ថា ព្រះតេជព្រះគុណ លួន សុវ៉ាត មិនបានធ្វើអ្វីផ្ទុយពីច្បាប់នោះឡើយ។

លោក ប្រែត អាដាម៖ «កាលខ្ញុំនៅធ្វើការក្នុងប្រទេសកម្ពុជា ខ្ញុំដឹងថា ប្រជាជនកម្ពុជា មិនដែលរំពឹងថា មានការធ្វើបាប និងធ្វើទុក្ខបុកម្នេញមកលើព្រះសង្ឃដូច្នេះឡើយ។ ខ្ញុំពិតជារន្ធត់ណាស់ដែលរដ្ឋាភិបាលសំរេចចិត្តធ្វើដូច្នេះ។ ខ្ញុំគិតថា រដ្ឋាភិបាលប្រហែលជាខ្លាចមនុស្សដែលអាចនិយាយប្រាប់មនុស្សផ្សេងទៀតអំពីអ្វីដែលពិតជាបានកើតឡើងមែននោះ។ បញ្ហានេះវាគ្មានហេតុផលអ្វីដែលត្រូវចាប់ខ្លួនព្រះអង្គនោះឡើយ»។

ចំណែកលោកបណ្ឌិត ឡៅ ម៉ុងហៃ ដែលជាអ្នកវិភាគឯករាជ្យ មានប្រសាសន៍ថា ព្រះសង្ឃមានសិទ្ធិក្នុងការបញ្ចេញមតិ និងសិទ្ធិក្នុងការចូលរួមប្រជុំដូចពលរដ្ឋទូទៅ ហើយថា ប្រសិនបើរដ្ឋាភិបាលមិនឲ្យព្រះសង្ឃចូលរួមក្នុងឆាកនយោបាយនោះ គេក៏ត្រូវហាមដល់សម្ដេចសង្ឃរាជទាំងឡាយ មិនត្រូវចូលរួមគណបក្សកាន់អំណាចនោះដែរ។

លោកបណ្ឌិត ឡៅ ម៉ុងហៃ មានប្រសាសន៍បន្តថា សេរីភាពក្នុងការបញ្ចេញមតិ និងសិទ្ធិក្នុងការចូលរួមប្រជុំរបស់ពលរដ្ឋ ត្រូវបានធានាដោយច្បាប់រដ្ឋធម្មនុញ្ញ ដែលជាច្បាប់កំពូលរបស់ប្រទេស។ ហើយសំរាប់សកម្មភាពរបស់ព្រះតេជព្រះគុណ លួន សុវ៉ាត ព្រះអង្គគ្រាន់តែចូលរួមតស៊ូមតិជាមួយពលរដ្ឋ ដើម្បីពលរដ្ឋ ហើយដែលមិនបានធ្វើនយោបាយអ្វីនោះឡើយ។

លោកបណ្ឌិត ឡៅ ម៉ុងហៃ បានទទូចឲ្យរដ្ឋាភិបាល ពិចារណាឡើងវិញថា ហេតុអ្វីបានជាមានពលរដ្ឋក្រោកឈរតវ៉ា ឬមួយអាជ្ញាធរមិនអនុវត្តច្បាប់របស់ខ្លួនអោយបានត្រឹមត្រូវ ដែលបណ្ដាលឲ្យមានការរំលោភសិទ្ធិដ៏ធ្ងន់ធ្ងរ ឬយ៉ាងណា?

Int’l Groups Urge Gov’t To Free Boeng Kak 15

Zsombor Peter, The Cambodia Daily, May. 31 2012

Boeung Kak women kept away from NGO, reporters

Titthara and Shane Worrell, Phnom Pehn Post, May. 30 2012

Imprisoned Boeung Kak lake villagers, some crying, motioned to human rights representatives and Post reporters through a chain-link fence at Prey Sar prison.

Their efforts to talk to the visitors were futile, however, as two guards stopped anyone from approaching the 13 women sentenced to two-and-a-half years in prison last Thursday, or Ly Chanary, who was arrested the same day.

Rights group Licadho put on an International Children’s Day show in the courtyard of Prey Sar’s CC2 complex for about 300 imprisoned youths and eight children being raised behind bars, as a show of a different kind played out nearby.

The two guards, dressed in unmarked grey clothing distinct from regular guards at Prey Sar, ordered those who ventured near the fence closest to the Boeung Kak women to move away.

Licadho president Pung Chhiv Kek, who led a contingent of about 50 youths into Prey Sar for the event, spoke to prisoners up close through the fence, but when she began to move in the direction of the Boeung Kak prisoners, a guard told her to clear away.

“In my long experience of going to Cambodian prisons, it was the first time I was prevented to see prisoners,” she told the Post. “They did this because they had orders coming from the upper stratum of the regime, which regards Boeung Kak lake as a sensitive question.”

Licadho has condemned last week’s trial, which came two days after the 13 were arrested at a demonstration, and an hour after they were charged with disputing authority and illegally occupying land owned by Shukaku, CPP Senator Lao Meng Khin’s development firm.

“[Today’s refusal] may also have been retaliation, since Licadho defended the rights of the prisoners and criticised the unfair trial in which they were convicted,” said Pung Chhiv Kek.

One of the guards told Post reporters they would be ejected from the prison if they did not move from under a tree about 30 metres from where the Boeung Kak group stood.

“I will throw you out of the prison if you are stubborn enough to stay here,” he said.

The reporters were instructed to sit on the other side of the courtyard, just metres from other prisoners they were free to converse with.

Prisoners with children inside Prey Sar were allowed into the courtyard to enjoy the event, but a request from Licadho to have the Boeung Kak women enter the yard was denied, Pung Chhiv Kek said.

Chheng Barang, 18, son of Boeung Kak prisoner Chheng Leap, said he had travelled to Prey Sar to visit his mother over the weekend, but a guard had refused him entry.

“I miss my mother, and I want to see her,” he said. “I want her back home. She did not do anything wrong. Why has she been detained in prison?

“When I am eating, I always think about my mother, because I don’t know if she has food,” he said.

Jeff Vize, prison project consultant with Licadho, said prisoners in Prey Sar are often forced to buy their own food if they want proper nourishment.

“Food is inadequate both in terms of quantity and nutritional value. There are [also] health dangers related to . . . water, medical care, fresh air and space,” he said, adding that CC2, for women and children, was filled to more than twice its capacity.

As for visits, prisoners in Prey Sar are entitled to one family visit per week, Vize said.

“Even for regular authorised visits, visitors generally pay something for the privilege,” he said. “There are roughly fixed amounts, which vary from prison to prison, but often the price depends on how wealthy you appear to be.”

Meanwhile, a coalition of NGOs, including Human Rights Watch and Amnesty International, wrote an open letter to Prime Minister Hun Sen yesterday calling for him to vacate the women’s convictions.

“The trial failed to meet even the most rudimentary fair trial standards . . . The defence lawyers’ request for the case files was rejected, as was their request for time to prepare a defence,” the letter says.

“They were also refused the right to call defence witnesses, though several were ready to testify just outside the court. These are all clear violations of not only international fair trial standards, but also Cambodia’s Code of Criminal Procedure.”

Sao Sareoun, a Boeung Kak man arrested last Thursday, is also being held in Prey Sar.

The Ministry of Justice could not be reached for comment yesterday.

Protests Call For Release of Boeng kak 15

Khuon Narim, The Cambodia Daily, May.29 2012

Boeung Kak takes case to Assembly

Khouth Sophak Chakrya, Phnom Penh Post, May.29 2012

Boeung Kak residents protest the continued detention of 15 people from their community. Thirteen of the activists were sentenced to two-and-a-half years in prison at the conclusion of a controversial trial.

About 200 people, including activist monk Loun Savath, rallied outside the National Assembly in Phnom Penh yesterday in support of the 13 Boeung Kak women sentenced to prison in a three-hour trial last Thursday.

Supporters of the women, including villagers, unions and human rights groups, called for the government to release the women as well as two more villagers, Ly Chanary and Sao Sareoun, the group’s only man, who were detained outside the women’s trial.

Demonstrators, who had pieces of paper stuck to their shirts saying, “Land robber is free. Landowner is jailed”, joined hands yesterday to sing songs about losing their houses to make way for CPP senator Lao Meng Khin’s $79 million development at the Boeung Kak lake site.

Yom Bopha, 32, a resident of village 22, said an assembly official had accepted a petition addressed to National Assembly President Heng Samring.

“Our neighbours are victims,” she said. “We hope and believe the National Assembly will find justice for us.”

Award-winning human rights activist Loun Savath, who was himself detained outside the court on Thursday, joined yesterday’s demonstration a day after telling the Post that senior monks had forced him to sign an agreement not to protest.

Ham Sunrith, defence lawyer for the 13 Boeung Kak women, said he had filed an appeal to the court.

“I filed the appeal this afternoon,” he said.

Sao Sareoun and Ly Chanary, who both live in village 1, were questioned in court immediately after the women’s trial and charged with the same offences.

They remain in pre-trial detention in Prey Sar without a trial date.

Their defence lawyer, Long Lun, was in Thailand yesterday when the Post called him and said he would push the court to proceed with a fair trial upon his return.

Following Thursday’s three-hour trial, Phnom Penh municipal court sentenced the 13 womento two-and-a-half year’s in Prey Sar prison.

They were arrested a week ago and accused of disputing authorities and occupying land owned by Shukaku, Lao Meng Khin’s development firm.

Some of the women, including 72-year-old Nget Khun, had part of their sentences suspended and will serve either one or two years in prison.

Sia Phearum, secretariat director of the Housing Rights Task Force, said the 14 female Boeung Kak villagers remained together in Prey Sar, while Sao Sareoun was being held in another part of the prison.

The conditions in Prey Sar were “unlike any Western prison”, he said, before again condemning last week’s trial.

“Civil society is disappointed and really concerned, because the court is not independent and does not protect the rights of the people,” he said. “There is just protection for the rich and powerful . . . We want to see enforcement of the rule of law.”

Minister of Justice Ang Vong Vathana was not available for comment yesterday.

Cambodian mothers and grandmothers behind bars after facing off the most powerful men in the region: Will the World Bank stand by them?

Natalie Bugalski and David Pred, TerraNullius, May. 29 2012

David Pred and Natalie Bugalski are co-founders of Inclusive Development International. They co-authored the complaint to the World Bank Inspection Panel on behalf of the Boeung Kak community.

Last week thirteen Cambodian women representatives of the Boeung Kak Lake community were sentenced up to two-and-a-half years in prison after a summary trial. The women, including a 72-year old grandmother, were arrested on May 22 whilst singing at a peaceful protest to support 18 families whose homes had been buried in sand by a private developer (view the video). The arrest, trial and sentencing took place within 48 hours, with no time for the women’s lawyers to prepare a defense. During their trial, the police arrested two more community representatives who were waiting outside the courthouse prepared to testify as witnesses for the 13 women on trial.

The women, who call themselves the League of Boeung Kak Women Struggling for Housing Rights, have waged a multi-year battle to defend their homes and land in the bustling center of Phnom Penh. Their campaign has included everything from publicly burning effigies to rid the city’s authorities of evil spirits to baring their breasts at demonstrations to display their desperation. It has also involved a sophisticated legal advocacy strategy, including the submission of a complaint to the World Bank’s Inspection Panel, an internal watchdog mandated to investigate alleged violations of the Bank’s operational policies.

The women’s family homes were being threatened by one of the wealthiest and most powerful Cambodian tycoons, who is also a ruling party Senator, backed by China’s Inner Mongolia Erdos Hongjun Investment Corporation. In early 2007, Senator Lao Meng Khin was granted a 99 year lease over 133 hectares in central Phnom Penh, which covered Boeung Kak lake and its surrounding villages, home to some 20,000 people. The lease was granted for a mere $79 million US dollars, a fraction of the estimated $2 billion value of the property. Soon afterwards, the company began filling in the lake and coercing its denizens to leave the area for a measly sum in compensation.  Attempts by the community and civil society advocates at persuading the Senator’s company and the government to stop the mass forced eviction appeared futile. They remained impervious to the outcry against what threatened to be the biggest single mass displacement of Cambodians since the Khmer Rouge emptied the cities in 1975.

Then in mid-2009 a single piece of information came to light that dramatically altered the course of events. Right around the time that the Boeung Kak lease was granted, the entire neighborhood was wrongly excluded from a World Bank-financed land registration program. Had their claims to the land been adjudicated, in all likelihood, most of the residents would have been found to be legal owners of their plots. Instead the entire area was dubiously marked in a way that allowed the State to claim it and issue the lease to the Senator’s company. This unlawful move and the related forced evictions were ignored by the World Bank in its routine supervision missions, despite the use of a Bank funded program to formalize an illicit land grab.

The Inspection Panel investigated the case upon the request of Boeung Kak residents, and its report, released in March 2011, concluded that the Bank’s non-compliance with its operational and safeguard policies contributed to the “grave harm” the families faced through forced eviction.

Seizing upon the vindication of their multi-year campaign by a quasi-judicial body, the indomitable League of Boeung Kak Women sent a letter directly to World Bank President Robert Zoellick. The women urged him to act on the Panel’s findings and do everything possible to persuade their government to stop the mass forced eviction and negotiate with the residents to find a mutually beneficial alternative.

The result was unprecedented. After a fruitless yearlong effort to engage the Cambodian government in resolving the case, in May 2011 the Bank took the unusual step of suspending all new lending to Cambodia until an agreement is reached with the residents of Boeung Kak lake. This bold decision had important implications, both within Cambodia and institutionally. It sent an important signal to all World Bank member states about the sanctity of policies intended to protect people and the environment from harms resulting from Bank-financed projects.  And it sent an important signal to the Cambodian government that it is not acceptable to sacrifice the rights of the few in order to provide development benefits to the many.  It also appeared to work.

Within a week after this lending freeze became public knowledge, in August 2011 Prime Minister Hun Sen issued a decree granting title to most of the remaining families over their land in the Boeung Kak area.  This marked a significant human rights victory in Cambodia. Thousands of people who were facing the prospect of forced displacement and impoverishment, for the first time have formal legal security to their homes and land.  Moreover, in a country where powerful people routinely act above the law with impunity, and poor and marginalized people have no access to justice, ordinary Cambodian families were able to access an impartial accountability mechanism and obtain a just and meaningful remedy.  Although the Bank’s decision was undeniably only one contributing factor to the outcome, it was critical in both laying down the law and vindicating and empowering the community.

Despite this considerable victory, the case is by no means closed. At least 94 families have been excluded from the land concession, and over the past few years, more than 3000 families – the vast majority – were displaced from their homes in the Boeung Kak area after accepting inadequate compensation under extreme duress.  These families are not benefiting in any way from the Prime Minister’s decree and many have been impoverished as a result of the eviction. The community has remained admirably unified in its quest for a resolution for all residents and former residents, despite some families already having secured their land rights and the serious risks of retaliation that has now landed them behind bars.

Sadly, with President Zoellick stepping down in June, the regional management of the Bank is indicating that they are ready to put this uncomfortable episode behind them and get back to business in Cambodia.  If such a move is made without restitution first being provided to the displaced Boeung Kak households, this would likely ensure that these families never see a remedy at all, and an all-too-rare example of World Bank accountability would be squandered. It would be a huge slap in the face to the women now languishing in Cambodian prison cells in order to bring justice to their community and country. Lets hope that Mr. Zoellick and his successor, Jim Yong Kim, wait for a more judicious moment for re-engagement. At a minimum, they should ensure that Boeung Kak’s brave human rights defenders are released from prison and that the displaced families receive their just entitlements before authorizing a resumption of lending to Cambodia.

ក្រុមអ្នកតវ៉ាទាមទាឲ្យដោះលែងអ្នកជាប់……

ឃី សុវឌ្ឃី, The Cambodia Daily, ថ្ងៃទី ២៩ ខែ ឧសភា ឆ្នាំ ២០១២

Boeung Kak 13 to appeal

Khouth Sophak Chakrya and Shane Worrell, Phnom Penh Post, May. 28 2012

Boeung Kak lake villagers protest outside Prey Sar prison yesterday morning after 13 protesters were sentenced to prison after a three-hour trial last week. Photograph: Meng Kimlong/Phnom Penh Post
Thirteen Boeung Kak lake women who were sentenced to two and a half years in jail on Thursday following a lawyer-free trial that lasted just three hours will appeal their convictions, their distraught supporters said yesterday.

As the reality of the trial, which rights groups have condemned as illegal, set in, families and friends of the women gathered at the home of imprisoned representative Tep Vanny in village 22, vowing to fight for the women’s freedom.

Heng Tong, 62, the husband of jailed Heng Mom, said the women’s lawyer, Ham Sunrith, would meet with the 13 women at Prey Sar prison today.

“They will urge him to file a complaint to the Appeal Court against the decision,” he said.

Tep Vanny’s husband, Ou Kong, 35, said he would write to every NGO and embassy in Cambodia pleading for more action to secure the women’s freedom.

“The judgment on my wife and other women in Boeung Kak was not legal,” he said. “Correct procedures were not followed. The judge refused to bring important witnesses to the hearing, which is a right protected under the constitution.”

The 13 women were arrested at Boeung Kak on Tuesday as they supported a family who was trying to rebuild their home on land from which they were evicted in 2010.

They were taken to court on Thurday without having been charged and tried in about three hours – without lawyers.

Two more Boeung Kak villagers, who were arrested outside the court on Thursday, were also being detained at Prey Sar yesterday, accused of masterminding last Tuesday’s demonstration.

Eng Houy, 42, whose mother, Nget Khun, 72, was one of six to have part of her sentence suspended, said she was concerned about the conditions in Prey Sar.

“I am very concerned about my mother’s health,” she said. “Our protesting will continue until we get resolution with justice and fairness,” she said.

A Boeung Kak villager who did not wish to be named said she was caring for 2-year-old twin girls, whose adoptive mother was one of the 13 women imprisoned.

The girls, whose birth parents had not been able to care for them, had spent the weekend crying and asking when their mother was coming back, the woman said.

The two girls are not alone – children who travelled to Prey Sar prison with the Boeung Kak villagers on Saturday carried banners with the words: “Please release my mother. Do not let me become an orphan.”

Their supporters also prayed at nearby Ang Metrie pagoda, where one woman shaved her head as she tried to invoke spirits to help free the women.

Human rights group Adhoc criticised over the weekend what it said was hypocrisy.

“It is particularly disturbing that the 13 Boeung Kak women received hefty prison terms for occupying the disputed land for merely three hours, when companies continue to flagrantly ignore the laws with no consequences,” it said in a statement.

“Whereas companies continue to abuse the Land Law and Sub-Decree No. 146 on Economic Land Concessions – razing people’s land before official licence is granted, neglecting to carry out required impact assessments and disregarding calls for compensation – citizens who exert their right to peaceful protest are met with violence and judicial harassment.”

Development firm Shukaku, which is headed by Cambodian People’s Party Senator Lao Meng Khin, was awarded Boeung Kak lake in 2007.

Sam Rainsy Party lawmaker Mu Sochua, who after the trial called on the international community to take a strong stance, yesterday criticised remarks by Kurt Campbell, assistant secretary of state for East Asian and Pacific affairs at the US State Department, who arrived in Cambodia late last week.

Campbell said on Friday he was “thrilled” to be in Cambodia and told of his country’s “deep desire to have strong and deeper ties between our business communities in the United States and ASEAN”.

Posting on her blog yesterday, Mu Sochua questioned whether trade was being put before human rights.

“This statement by a high-ranking official of the State Department is an insult to human rights and in particular to women’s human rights,” she said.

US Embassy spokesman Sean McIntosh, however, said Campbell’s comments had been taken out of context.

“[Campbell] was here primarily to focus on ASEAN-driven issues. He was thrilled to be here for a senior officials meeting.”

McIntosh said the US had been closely following the 13 women’s situation and was regularly raising issues including freedom of assembly and independent judiciary.

“Boeung Kak … is another example of a need to define property ownership more clearly.

“We address human rights issues with Cambodia routinely. We are not ignoring this.”
To contact the reporter on this story: Khouth Sophak Chakrya at sophakchakrya.khouth@phnompenhpost.com
Shane Worrell at shane.worrel@phnompenhpost.com

Agreement forced, Loun Savath says

May Titthara, Phnom Penh Post, May. 28 2012

The Venerable Loun Savath was detained by police, monks and unidentified plain-clothed men on Thursday in the capital after he took photos of protesting Boeung Kak lake villagers. Photograph: Meng Kimlong/Phnom Penh Post
Activist monk Loun Savath yesterday decried an “agreement” he thumbprinted in the presence of Supreme Patriarch Nun Nget on Thursday, claiming he was forced to comply under duress.

Speaking from a safe place yesterday, the “multimedia monk” said a group, including the municipal chief monk and the minister of Cults and Religions, had threatened to defrock him if he did not agree to stay away from all protests.

“Any forced agreement is not an agreement, because it is against my will,” Loun Savath said, adding he wanted the authorities to give such instructions through transparent legal proceedings.

Loun Savath was violently forced into a car outside Phnom Penh municipal court on Thursday morning and detained at Wat Botum for about 10 hours, where many senior monks met with him, including the Supreme Patriarch.

A video of his violent abduction has received almost 25,000 views on YouTube since Thursday.

Police and ministry officials barricaded Wat Botum and blocked entry for anyone who did not produce a pagoda residence card.

The human rights award winner said while he was detained, he was surrounded by authorities and threatened with being defrocked unless he thumbprinted the agreement.

The handwritten agreement, obtained by the Post yesterday, was attached to a letter addressed to the Minister of Justice Ang Vong Vathana from Phnom Penh municipal court signed by judge Duch Kim Sorn, who had ordered an investigation into Loun Savath’s activities on charges of incitement.

However, Loun Savath said despite the potential legal action, he would never leave Cambodia or leave its problems behind.

“I cannot open my eyes or ears without hearing the call for justice from the people,” he said. “If there are calls, I will continue to join in monitoring people’s activity and social activity.”

Yesterday, Loun Savath uploaded his own video of his violent detention outside the municipal court.

Wearing a special pair of glasses fitted with a video recorder, the monk filmed his entire arrest, including his transport to Wat Botum.

A voice, outside of his view is recorded as saying: “Oh Venerable, you make it so difficult. If you make it easy, it’s finished. Let others do politics.”
To contact the reporter on this story: May Titthara at titthara.may@phnompenhpost.com