A/HRC/7/42
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64. Victims are rarely able to invoke remedies, including compensation, provided in the law.
Mr. Kothari noted the courts’ reluctance to assist in enforcing the law. According to testimonies
he received, the investigative procedures adopted by courts to ensure the legitimacy and legality
of ownership titles are insufficient. Court decisions allegedly favour those who have acquired
titles illicitly, to the detriment of families who should benefit from the 2001 Land Law
provisions concerning ownership rights resulting from extended land possession and occupation.
Indigenous peoples have suffered greatly, as shown above, even as Cambodia voted for the
recent United Nations Declaration on the Rights of Indigenous Peoples, which was adopted by
the General Assembly on 13 September 2007.
65. Kong Yu village is in O’Yadao District of Rattanakiri Province, and is inhabited by
indigenous Jarai people. The villagers told the Special Representative, as they have others, that
they had reluctantly agreed to part with 50 hectares of their traditional land for “disabled
soldiers”. They were later asked for their thumbprints: firstly, when they were inebriated, on
blank papers, and subsequently, in the presence of local chiefs, on documents in Khmer, which
they do not understand. They received sums of money that they believed to be compensation for
the 50 hectares conceded. Then land started to be cleared for a rubber plantation and the villagers
were told they had sold 500 hectares to a company, in which a majority shareholder is
Keat Kolney, sister of the Minister for Finance and the wife of a senior public servant. They
complained to the commune chief, and the next day the district police and gendarmerie
threatened villagers with prosecution and imprisonment. Villagers reported that they have lost
access to vegetation they used to collect from the forest, have insufficient land for future use, and
are unable to leave their cattle free to roam, in case they wander onto the rubber plantation and
are confiscated. Children are kept home from school in order to take care of the cattle.
66. When contacted for her side of the story, Keat Kolney arranged for the Special
Representative to meet her lawyer and a company manager with whom he had a lengthy
discussion on the facts and legal issues. The company’s representatives insisted that the villagers
had willingly and knowingly sold all the land and showed copies of the thumb-printed
documents and photographs of persons allegedly thumb-printing the documents.
67. The matter is now before the courts, and the Special Representative takes no position on
the facts. The significance of the case is that this is precisely the sort of community the Land
Law was designed to protect, yet they are losing their land without having the benefit of
procedures to protect them, and feel strongly that they have been cheated.
E. Civil society undermined
68. The failure to respect existing constitutional guarantees and legal human rights also
restricts the exercise by civil society organizations of the fundamental freedoms that are essential
to the realization by people of their economic, social and political rights.
69. Organizations assisting local communities to defend their rights to land have been
subjected to arbitrary restrictions. In Rattanakiri and Mondulkiri, provincial authorities have
been requesting such organizations to apply for permission to visit affected communities and
villages, to hold meetings with villagers, to organize workshops on land rights and to protest
peacefully against land grabbing. On 16 October 2007, 12 community members affected by a
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