A forced eviction
is the permanent or temporary removal against the will of individuals, families
or communities from the homes or land they occupy, without the provision of,
and access to, appropriate forms of legal or other protection.[1]
In Cambodia, along with the dramatic urban development with the beautiful
appearance of the Phnom Penh city as evidence, many challenges, including
forced evictions have been emerging so far. Statistically, since 1990, around 120,000
individuals in Phnom Penh have been evicted, and thousands more face the risk
of being forcibly relocated in the upcoming years.[2] Many
poor families and communities have been suffered from forced evictions not only
when the Phnom Penh municipality chose to use violence against them rather than
using a non-violent approach but also when they were abandoned in the
resettlement site. According to the Cambodian Constitution, which incorporates
international law, requires that the government provides adequate alternative
housing and compensation for all those affected by forcible eviction,
regardless of whether they rent, own or occupy their homes on the land at
issue.[3]
However, Cambodian government’s practices are opposite from the law. Most land
used for urban development is usually shown as forced eviction which results in
protest and conflict between evicted community and authority or evicted
community with company. It is visible that vulnerable people are still the
poor. Normally, people are usually evicted when the place where they live is
needed by powerful people who consider it as beneficial. People were forcibly
evicted without transparent community consultation, deficient impact
assessments, inadequate compensation and unwanted resettlement site,
particularly in unimproved rice fields in the outskirts of the city with bad
living conditions. Calling for much attention, forced eviction is becoming a
hot issue in Phnom Penh, which has to be addressed.
Problem
Formulation
1. What are the
main causes of forced eviction in Phnom Penh?
2. What are the
effects of forced eviction on communities in resettlement site?
3. How to deal
with the problems?
II. FORCED EVICTION IN PHNOM PENH
2.1.
Main Causes
It is very crucial to know about the
root causes of forced evictions. Notably, forced evictions arise from the
granting of economic land concessions, urban development and mining concessions
without proper consultation. Nowadays, new and modern infrastructure such as
roads, buildings, bridges, public parks, business centers, and many huge
government offices have been increasing in Phnom Penh. With the proper
management stated by the government in the strategic plan, it now turns out to
be uncontrolled redevelopment in reality.[4] The emergence of
urbanization and development in Cambodia in recent years has led to a rapid
increase in land prices, with particularly high prices for land in the capital
city of Phnom Penh. Some government officials have benefited from the high value
of land by unlawfully granting land title to private companies in
exchange for compensation. Once these officials have granted land title to the
companies, they forcibly evict the existing residents, who mostly come from
poor and marginalized communities.[5]
In 2006, the government forcefully
evicted 1,554 families from the Sambok Chab area of Bassac in order to make way
for the government projects and construction of a casino, and brought them to the new location situated in Andoung village which is
25 km away from Phnom Penh.[6] Over the past 10 years, there have been many
attempts to upgrade parts of Bassac, and several land-sharing plans have also
been proposed for the area. But because the settlement was located at the
prime, river-side real estate in the very center of the city, Bassac has been
the target for several large-scale evictions over the years, some with
relocation and some without.[7] Moreover, forced evictions are the result of the ignorance of the
law and human rights, the lack of inclusiveness and transparency and the misuse
of the judicial system for coercive intention. Regarding the Boeung Kak Lake,
there is evidence that in February 2007, the municipality of Phnom Penh granted
a 99-year lease to the private developer Shukaku Inc owned by ruling party Senator Lao Meng Khin, a close associate of
Prime Minister Hun Sen and a major donor to the Cambodian People’s Party. The lease agreement seized the land rights of Boeung Kak residents
and threatened its estimated 20,000 residents with forced eviction. Weak law
enforcement gives power to the government to violate provisions of the Land Law
that stipulates that state property, including lakes cannot be sold or
subjected to long-term leases and that lessees must not damage the property or
change its public function. [8]
2.2.
Effects on Communities in Resettlement Site
Communities, who are evicted, often lose
much more than their homes.[9]
Forced eviction often result in a number of violations of economic and social
as well as civil and political rights.
The violations of social rights include the rights to access to adequate
housing, food, water, health, work, security of the person, security of the
home and education. Undoubtedly, evictees were relocated to the areas which are
lack of access to clean water, sanitation, livelihoods, physical and mental
health problems, such as social stigmatization, depression, and even disruption
of community cohesiveness and further marginalization.[10] The
violations of civil and political rights include the rights to freedom of
expression, assembly and association.
What’s more, the violations of economic
rights are demonstrated in terms of lower income, debt and unemployment. People
in Andoung communities, who were evicted from Sambok Chab, have no choice
besides using dirty local pond water and impure water from wells. Because of
lack of toilets, most people continue to defecate in the perimeter of the site
and in plastic bags. Diarrhea is prevalent and many children have skin rashes
as well as diseases. Furthermore, security is bad as violence often occurs.
Communities were hated and discriminated by nearby communities because it was
judged that Andoung people lived on their land which they used to grow their
crops.[11] One of the key issues
raised was the significant decrease in salaries after the relocation. The
average daily salary of the evictees dropped from $5.78 to $3.24.[12] The drop in income has
been compounded by higher transportation costs due to the isolation of the
resettlement site.
For many women from urban communities
who are facing residential land loss, their monthly expenses are substantially
increased as they are forced to rent temporary accommodation or pay for
transportation when going to the city from relocation areas, which are often in
the outskirts of Phnom Penh. Besides, resettlement areas are often so isolated
that women are incapable to find jobs and must go to Phnom Penh to find
employment. Women are also uniquely impacted by domestic violence. Women face
additional violence in the home in the context of strained living conditions of
substance abuse and social isolation. Safety in resettlement sites can also be
an issue for women since robberies and sexual violence, including rape have
occurred in many notable cases.[13]
Land evictions also have a significant
impact on children because they are often forced to leave school and in some
cases, families have to pay fees in order to be able to transfer them to a
different school, which further impacts the families’ economic situation.
Children are sometimes pulled out of school in order to work and earn money for
their families after the evictions at the time that their families are unable
to pay their debts. However, it is the
fact that, most people are hesitant to leave the site as they have been
promised some kinds of certification from authorities – yet in practice, this
is not realized, or the certificates issued of tenure at the relocation site
and raising land prices in the area have raised concerns that they will be
evicted again.[14]
In addition, evictions not only threaten the livelihood and psychological well-
being of affected communities, but also affect the building of a more
sustainable peace in Cambodia, by strengthening a cycle of violence and
reducing a culture of trust and social cohesion between the state and the
people.
2.3.
Solutions
Forced eviction to be resolved, there must be
the needs for strong commitment of three essential components, including
government, relevant NGOs and communities themselves. Forced evictions can be
resolved and prevented by changing the behavior of decision makers and
promoting active citizens.
First of all, we have to deal with those in
power by pressuring or convincing them to adopt policies and implement in a
good way which benefits the people. Government
regulations must be strengthened. The government should release information to
public about land concessions - including bidding processes, state land and
protected areas - to ensure transparency and get public participation. Impact
assessments before granting concessions are granted, proper consultation on
resettlement sites and adequate compensation should be conducted and reached
consensus from the population affected by the concessions. Cambodian government
must open up its natural resource sector and stop conducting business behind
closed doors which allows corrupt elites to legally grasp state-owned resources. According to Amnesty's Rupert
Abbott, judicial reform was a key to addressing impunity in the land sector and
the government needed to explain to people the roles of various dispute
mechanisms. A key issue with land management is a failure to properly implement
the law.[15]
Unless the Cambodian government takes immediate and effective steps to ensure
that its population, particularly those living in poverty, is protected against
forced evictions, its poverty reduction agenda rings hollow. Cambodia urgently
needs to end all forced evictions.[16]
Additionally, it is essential for the government
to ensure that all new economic land concession do not violate the provision of
the land law and sub-degree on Economic Land Concession. Besides, the government
should review all existing economic land concession for compliance with the
land law, sub-degree on economic land concession and concession contracts, and
ensure they do not encroach upon land possessed and used by communities including
lakes, and cancel economic land concession that do not comply with the
provision of the land law and sub-degree on economic land concession. The
government has to develop that area first before removing citizens to live and
ensure that the citizens will get a lot of benefits from that development.[17]
Furthermore,
forced eviction generally happens when the evicted people do not have power. We
can influence the decision makers by giving power to disadvantaged people. More
than these, we must empower people in community, especially youths to become
active citizens in protecting their rights and urging government to provide
education and training, including skills and knowledge. We should therefore
engage in activities that raise awareness and concern about the issue.
Techniques include education campaigns, workshops and media strategies. We have to inform vulnerable groups of their
rights, how their rights are being violated and the ways to address. Media is
an essential tool for raising public awareness and pressuring decision-makers.[18]
Press release, radio, television spots, blog, website and Facebook are ways to
deliver message to the public. It is inexcusable that media helps us spread
information and has much influence on government. Furthermore, we can change
the behavior of decision makers and get support from the public by doing
advocacy campaigns. Advocacy normally can be organized by those affected by
forced evictions or by individuals or agencies that are particularly concerned
with the situation. Certainly, if empowered, the marginalized or vulnerable
individual or community will be more likely to organize by themselves.
Additionally, open forums or debates are also
the effective way to bring parties together. It allows various stakeholders,
including local leaders to express their point of view and hear arguments they
would not normally encounter. Besides, forums and debates are good ways to hold
policy makers accountable for their actions and to make villagers aware that
they have power to influence their elected leaders. It also creates dialogue
between policy makers. It is the fact that community forums and meetings with
local leaders are good ways to determine their response. Local communities
always want relocation sites close to the city. Thus, communities can join
organizations to advocate with local government to demand relocation sites that
allowed squatter communities access to their precious income generating sites,
such as local business areas where they had established market and clients. To
be most effective, we must build networks at both the local and international
levels. Networking and coordination between different interested groups was
essential in beginning the campaign and has substantially contributed to its
successes. Specifically, vulnerable communities can work in partnership with
interested national and international NGOs.
Importantly, under the Cambodian Constitution
and the 2001 Land Law, Cambodians have the rights to own land. Individuals may
only be deprived of ownership when removal is in the public interest and only
with appropriate and just compensation, as decided by the court with due
process of law.[19]
Thus, the government must respect people’s property’s rights according to the
land law, adopt a law on access to information to enhance transparency and
public participation, and inform the affected community and relevant
stakeholders about land concessions and development projects. Therefore,
relevant civil society organizations and international or multinational
organizations, such as the World Bank or the United Nations must ensure that
the government is implementing by respecting the laws, and the United Nations
also have to put pressure on the government when the citizens’ rights are
violated, as well as work closely to prevent the issue rather than resolving
the issue.
III. CONCLUSION
To sum up, forced evictions in Phnom Penh are
the controversial issue which results from the demand of government to
urbanization and development as well as the ignorance of international and
national law concerning land, housing and other human rights’ provision. The
impacts of forced evictions can be seen as the violations of social, economic,
and civil and political rights, including the impact on most vulnerable people
who are particularly women and children. Moreover, forced evictions help
increase the poverty by making the poor poorer. In order to address the issue,
we have to change the behavior of those in power and develop active citizens by
providing education, training, using advocacy campaigns and media strategy. The government should not think only the
benefits of a group or individuals. The land should be implemented and the
benefits should be shared to all Cambodians, in accordance with the law and
Cambodian government’s commitments under international human rights treaties. Moreover, the forced evictions can be effectively resolved and
prevented when there is a transparent and accountable government with
cooperation among relevant stakeholders and active citizen engagement.
[1]
CESCR, General Comment No.7: The right to adequate housing (Art.11.1): forced
evictions, E/1998/22, (20 May 1997), http://bit.ly/HbQDIV
[2] OHCHR,
Eviction and Resettlement in Cambodia: Human Costs, Impacts and Solutions
(Phnom Penh, 2012), 2.
[3]
Constitution of the Kingdom of Cambodia, art.31 and the International Covenant
on Economic, Social and Cultural Rights, Art.11.1.
[4]
Sopheana Bronh (2004) Urban Redevelopment Challenges in Cambodia: Forced
Eviction and Resettlement in Phnom Penh.
https://spheana.wordpress.com/2014/06/28/urban-redevelopment-challenges-in-cambodia-forced-eviction-and-resettlement-in-phnom-penh/
[5] Chi
Mgbako, Rijie Ernie Gao, Elizabeth Joynes, and Anna Cave, Forced Eviction
and Resettlement in Cambodia: Case Studies from Phnom Penh, 9 Wash. U.
Global Stud. L. Rev. 39 (2010)
Available at:
http://ir.lawnet.fordham.edu/faculty_scholarship/234
[6]
CCHR Report (December 2013) Cambodia Land
in Conflict: An Overview of the Land Situation ENG.pdf
[7]
Samsook (2007) UPDF’s work in Cambodia.
[8]
Inclusive Development International (2012) Cambodia: Boeung Kak Lake evictions,
available at http://www.inclusivedevelopment.net/bkl/
[9] UN
Basic Principles and Guidelines on Development -Based Evictions and
Displacement, Annex 1 of the Report of the Special Rapporteur on adequate
housing as a component of the right to an adequate standard of living,
A/HRC/4/18, (2007), http://bit.ly/HbSJIF
[10]
CCHR Report (December 2013) Cambodia Land in Conflict: An Overview of the Land
Situation ENG.pdf. p. 32
[11] Interview
with Andoung Village Family, in Phnom Penh, Cambodia (18 January 2015)
[12] Interview
with Andoung Village Family, in Phnom Penh, Cambodia (18 January 2015)
[13] CCHR
Report (December 2013) Cambodia Land in Conflict: An Overview of the Land
Situation ENG.pdf
[14] OHCHR,
Eviction and Resettlement in Cambodia: Human Costs, Impacts and Solutions
(Phnom Penh, 2012).
[15] IRIN (2015) Analysis: Why land rights matter
in Cambodia. Humanitarian news and analysis
[16] Amnesty
International (2008) Forced evictions in Cambodia: homes razed, lives in ruins. http://www.amnesty.org/en/for-media/press-releases/forced-evictions-cambodia-homes-razed-lives-ruins-20080211
[17]
Sopheakdei, Mey (2010) Economic Land Concession Causes Poverty in Cambodia
Today.
http://pheakdeiangkor2012.blogspot.com/p/blog-page_3455.html
[18]
Mansfield, Cristina and MacLeod, Kurt (2003) Advocacy Handbook: A Practical
Guide to increasing Democratic in Cambodia. Available at
http://www.pactcambodia.org/Publications/Advocacy_Policy/Advocacy_%20Handbook%20_A%20Practical%20Guide_EH.pdf
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