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ESCR / Urgent Interventions / Cambodia / 2010 / February

Cambodia: Cambodia: Forced eviction of indigenous families from their ancestral lands

OMCT Action File (KHM 230210.DESC)
8 pages / 66 KB

FEAR FOR VIOLENCE AND HARRASSMENT AGAINST ACTIVISTS OPPOSING ECONOMIC LAND CONCESSIONS IN SREY CHA COMMUNE, SNOUL DISTRICT, KRATIE PROVINCE, CAMBODIA

The International Secretariat of the World Organisation Against Torture (OMCT), on the basis of reliable information received, expresses its concern at the situation faced by 270 families in Srey Cha Commune, Snoul District, Kratie Province, Cambodia. Many of these families have already lost and other are at risk of losing their ancestral lands owing to Government’s land concessions for economic exploitation. OMCT is further concerned that violence and intimidation will be inflicted on those communities activists that, in the attempt to defending their economic, social and cultural rights, protest against concessions of their lands.

Following Economic Land Concessions (ELC) issued by the Royal Government of Cambodia in favour of private companies for exploitation for a rubber plantation, approximately 270 families in four villages have already been forcibly evicted from some of their lands or are at risk of eviction. According to the information received - in issuing the ELC - the Royal Government of Cambodia failed to respect national and international obligations, in particular in respect to eviction policy and the rights of indigenous peoples. Local communities were not previously consulted nor were they duly informed. To oppose the procedure in which land concessions were issued, the affected communities organised a peaceful protest. This protest turned out to be the ground for criminal charges against three local activists, who are now living in fear of being arbitrarily arrested.

OMCT express deep concern at the economic policy undertaken by the Royal Government of Cambodia aimed at granting ELCs over indigenous and non-indigenous lands for economic exploitation by private companies. This policy necessarily entails a severe negative impact on the livelihoods of rural communities and indigenous peoples living on these lands, and thus it exacerbates their already poor living conditions. The UN Committee on Economic, Social and Cultural Rights, in its General Comment No. 7 stated that “evictions are, prima facie, incompatible with the principles of the International Covenant on Economic, Social and Cultural Rights (ICESCR)”.[1] In the same line, the Special Rapportuer on Adequate Housing emphasised that forced evictions “involve gross violations of a range of internationally recognized human rights, are justifiable only in the most exceptional circumstances and in the full respect of international standards.” [2]

OMCT calls upon the Royal Government of Cambodia to abide by international standards on forced evictions and to respect international and national law on indigenous peoples. OMCT also calls upon the Royal Government of Cambodia to suspend existing ELC and set a moratorium on new ELCs until an independent commission sheds light on the current ELC procedures. OMCT also calls upon the Royal Government of Cambodia to dismiss ungrounded charges against community leaders struggling for their economic, social and cultural rights.

 


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[1] The right to adequate housing (Art.11.1): forced evictions : 20/05/97. CESCR General comment 7. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/959f71e476284596802564c3005d8d50?Opendocument

[2] A/HRC/4/18 5 February 2007, Annex 1, paragraph 6.




For further information, please contact:  Francesca Restifo, fr@omct.org 

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Date: February 23, 2010
Activity: Economic, Social and Cultural Rights
Type: Urgent Interventions
Country: Cambodia
Subjects: Arbitrary arrests and enforced disappearances, Development projects, Economic policies, Indigenous peoples, Land and Housing, Right to adequate standard of living, Threats, intimidation and harassment

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