A/HRC/30/58
7.
According to the Office of the United Nations High Commissioner for Human
Rights, during the reporting period, the former Special Rapporteur addressed a number of
communications to the Government on the following cases of concern.
8.
On 22 August 2014, the Special Rapporteur on the situation of human rights in
Cambodia was joined by the Special Rapporteur on adequate housing as a component of the
right to an adequate standard of living, and on the right to non-discrimination in this
context, the Working Group on Arbitrary Detention, the Special Rapporteur on the rights to
freedom of peaceful assembly and of association, and the Special Rapporteur on the
situation of human rights defenders in sending a letter of allegation to the Government of
Cambodia. The letter drew attention to the land appropriation, denial of justice, judicial
harassment, intimidation and frequent attacks on residents of Lor Peang and Boeung Kak
villages in Ta Ches commune. Over 400 hectares issued on title to local company KDC
International in 2007 allegedly overlap or encroach on some 200 hectares of villagers’ land.
On 23 June 2014, 22 families filed a complaint with the Phnom Penh Municipal Court
claiming they were threatened or harassed into accepting inadequate compensation. In early
July 2014, KDC International began constructing a concrete wall around the contested land.
In August, a group of community members marched to Phnom Penh to protest the arrest of
two other community members, and were allegedly dispersed violently by 300 to 400
police officers armed with shields, electric clubs and wooden sticks. The allegation letter
drew attention to a previous joint allegation letter sent in 2011 by the Special Rapporteur on
the situation of human rights in Cambodia, the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression and the Special Rapporteur on
the situation of human rights defenders.3 That previous letter outlined defamation concerns,
and the current letter expressed regret that no response had been received.
9.
On 30 April 2015, a joint letter of allegation was sent by the Special Rapporteur on
the situation of human rights in Cambodia and the Special Rapporteur on adequate housing
as a component of the right to an adequate standard of living, and on the right to nondiscrimination in this context. The letter concerned the Bunong indigenous community and
addressed the appropriation of land and denial of access to justice and the right to titling of
communal land. The Binh Phuoc Rubber Company had been issued an economic land
concession in October 2011 that covered land occupied by Bunong indigenous families.
Approximately 211 families, or about 1,000 people, including children, were affected.
Community members claimed they had not been consulted prior to the issuance of the
economic land concession, in spite of legal requirements to do so. In early December 2014,
representatives of the company allegedly bulldozed property that the families used for
agricultural activities and seasonal residence. At the end of March 2015, armed police
allegedly accompanied representatives of the company who bulldozed forest land,
community farm land and roughly 170 temporary residential structures used seasonally by
community members. The Special Rapporteurs expressed concern about ensuring that
claims contesting ownership to the land received fair assessment by an appropriate court or
dispute resolution mechanism, and asked that until such assessment was conducted, any
further clearing or development be suspended.
10.
No response to either of the allegation letters was received from the Government of
Cambodia during the reporting period.
11.
With respect to the pending law on associations and non-governmental
organizations, the Special Rapporteur on the rights to freedom of peaceful assembly and of
association reiterated his call to the Government to include civil society in the drafting
3
See A/HRC/18/51, p. 42 (case no. KHM 1/2011).
3
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