A/HRC/7/42
page 14
61. Confirming a special report on economic concessions by the previous Special
Representative, the Global Witness report adds: “In the mid-1990s, senior government ministers
secretly awarded between 30 and 40 logging concessions to Cambodian and foreign-owned
companies, giving away 39 per cent of Cambodia’s land area, on terms that greatly favoured the
interests of the concessionaires over those of Cambodia. All these concessionaires proceeded to
break the law or the terms of their contracts or both. By the end of the decade, they were
responsible for most of the illegal logging in Cambodia” (p. 12). According to the report, the
company and its associates have committed numerous breaches of the laws: illegal
appropriations of public property; intimidation, detention and illegal confinement; attempts to
kill; harvesting of forest products without a permit; destruction of property; illegal transport of
timber; processing of timber in the forest; corruption of forestry officials; organized crime;
extortion from employees of the Forest Administration; evading import duties and export taxes.
The principal finding is that this industry is run by a network of alliances and companies that rely
on the support of government institutions aided by some senior ministers. The company has
committed massive violations of the law, including those concerning State and private property,
taxation, and the penal code - with total impunity. Victims of this illicit economy, whether
through the appropriation of their property, intimidation or illegal detentions, have no redress.
The beneficiaries are a relatively small group of tycoons with political, business or familial ties
to senior officials. There is widespread use of police and army. Brigade 70, often described as
the personal army of Prime Minister Hun Sen, acts as a specialist provider of transport and
protection to the most powerful timber barons (ibid., p. 72). The army itself is involved in illegal
logging.
D. Land rights and conflicts
62. A study of land transactions shows the consequences of the failure to implement the law
and market principles. The subordination of the prosecutors and courts to the will of the
Government has resulted in much injustice in land transactions and appropriations (for details,
see the 2006 report of the Special Rapporteur on adequate housing, Miloon Kothari12). Forcible
and illegal evictions continue unabated. The Special Rapporteur noted that, prior to or during
forced evictions, threats, intimidations, and physical violence are used by local authorities and
private developers, sometimes in the presence of military and police forces.
63. Land rights are regularly violated with impunity by influential individuals, companies and
government entities. Owners are often compelled to accept paltry sums, despite evidence of
legitimate tenure or land titles, or to move to alternative sites. These sites are usually devoid of
alternative housing, sanitation facilities and medical services, and are usually far from where
residents worked, adding much to their survival costs. In a few instances (such as in Koh Pich),
and often after a long battle, those evicted were eventually afforded acceptable compensation.
Other evictees have simply been dumped onto a wasteland and now live in makeshift camps (for
example, in Andong).
12
E/CN.4/2006/41/Add.3.
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