STATEMENT

Drop all Charges Against all Land Community Representatives and Release Three Community Representatives

Published on 14 January 2021
F T M

[UNOFFICIAL ENGLISH TRANSLATION]
We, the civil society groups, unions and communities listed below, express our deepest condolences and concern over the arrest and detention of three land community representatives, as well as the recent indictment of more than 50 land community representatives. We ask the court to drop the charges and release them.

Mr. Phon Sophal, a representative of Choam Kravien land community, was arrested by police at the entrance to a plot of land owned by the Yi Chea company in Ream commune, Prey Nob district, Sihanoukville Province on Wednesday morning, December 30, 2020, after returning from an annual activity reflection meeting with the Coalition of Cambodian Farmer Community (CCFC). The meeting was held in Thmor Thom Prek Trabek community, Andong Trabek village, Ream commune, Prey Nob district, Sihanoukville Province. The arrest was made under arrest warrant No. 03, dated December 28, 2020, on charges of “accomplice to incitement to seriously disturb social order” through social media in Tbong Khmum Province from August 22 to October 22, 2020, issued by the Tbong Khmum Provincial Court investigating judge. He was taken from Sihanoukville to the Tbong Khmum Provincial Prison on the afternoon of December 31, 2020, with authorities failing to provide information to his family in accordance with procedures. After that, his family only received information as to his whereabouts after being contacted by a prison official. Under these charges, Phon Sophal could face between six months to two years in prison under articles 494 and 495 of the Cambodian Criminal Code. Phon Sophal has always been active in helping to protect the land rights of the people in the community and has always worked to peacefully advocate against social injustice and joined with social activities in accordance with national and international human rights law.

In addition, two community representatives in Srae Prang community in Tbong Khmum Province were arrested, while more than 30 other community members were charged with various criminal offenses in response to their activism trying to protect their community land. Among them were Mr. Sem Sang, who was arrested in October 2019, and Mr. Hoeun Sineath, who was arrested in August 2020. Both men are facing charges related to a land dispute between a Chinese company, Harmony Win Investment, and a number of communities in Dambe district, Tbong Khmum province.

In Koh Kong Province, 13 land community representatives were charged by the Koh Kong Provincial Court with “malicious denunciation”, “incitement to cause social unrest” and “public defamation”. For using their fundamental rights and freedoms to protect their land, they have been placed under judicial supervision under articles 311, 312, 494, 495 and 305 of the Criminal Code.

In the course of our recent monitoring of human rights abuses in Cambodia, we, the organizations, associations, unions and communities, have witnessed persecution by authorities and the prosecution and arrest of land activists and environmental activists. Many have been charged with incitement to commit a felony, including incitement to cause social unrest, and other crimes. The arrest and detention of Phon Sophal, Hoeun Sineath, Sem Sang, who are representatives of the land communities, and Ms. Eng Van (according to the Supreme Court judgement) as outstanding land activists is a direct and indirect threat to land communities throughout the country who help to protect the rights of citizens in the community and have actively participated in social work in the past. Despite this work, they have been arrested by the authorities just for using their rights, which are guaranteed by the Constitution of the Kingdom of Cambodia and a number of international covenants on human rights. For using these rights, these people should not fear arrest by the authorities, as well as years in prison.

We hope that the Royal Government will fulfill its obligation to guarantee the right to freedom of expression in accordance with the Constitution and international human rights law. We also hope that the Tbong Khmum and Koh Kong Provincial Courts will drop all charges against all land community representatives and release the three imprisoned community representatives, Phon Sophal, Hoeun Sineath and Sem Sang, soon, so that they can reunite with their families and continue their social work.

This joint statement is endorsed by:
1. The Cambodian Human Rights & Development Association (ADHOC)
2. Coalition of Cambodia Farmers Community (CCFC)
3. Rural Technology Support Organization in Cambodia (RCTSO)
4. Independent Democratic Association of Informal Economy (IDEA)
5. Ponleu Ney Kdey Sangkhum (PNKS)
6. Cambodia Human Rights Task Force (CHRTF)
7. Committee for Free and Fair Elections in Cambodia (COMFREL)
8. Cambodian Food and Service Workers Federation (CFSWF)
9. Cambodia’s Independent Civil Servants Association (CICA)
10. Ponlok Khmer Organization (PKH)
11. Cambodian Center for Human Rights (CCHR)
12. Cambodian Youth Network (CYN)
13. Sahmakum Teang Tnaut (STT)
14. Equitable Cambodia (EC)
15. Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
16. Cambodian Institute for Democratic (CID)
17. Cambodian Human Rights Action Committee (CHRAC)
18. Cambodian Tourism Workers Union Federation (CTWUF)
19. Building and Wood Workers Trade Union Federation of Cambodia (BWTUC)
20. Coalition of Cambodian Apparel Workers Democratic Union (CCAWDU)
21. Cambodian Alliance of Trade Unions (CATU)
22. Center for Alliances of Labor and Human Rights (CENTRAL)
23. Young Farmers for Social Action (YPS)
24. People's Coalition on Food Sovereignty in Asia (PCFS-ASIA)
25. Asian Peasant Coalition (APC)
26. Farmers Livelihood Development (FLD)
27. Youth Resource Development Program (YRDP)
28. Farmer Community Protecting Land Rights Group 175, Koh Kong Province
29. Farmer Community Protecting Land Rights, Group 197, Koh Kong Province
30. Farmer Community Protecting Land Rights Group 843, Koh Kong Province
31. Farmer Community Protecting Land Rights Group 129, Koh Kong Province
32. Tanon Land Farmer Community Protecting Land Rights, Koh Kong Province
33. Poor Farmer Community Protecting Land Rights Group 766, Koh Kong Province
34. Reaksmey Samaki Farmer Community Protecting Land Rights, Kampong Speu Province
35. Chambok Trang Farmer Community Protecting Land Rights, Kampong Speu Province
36. Trapeang Chor Farmer Community Protecting Land Rights, Kampong Speu Province
37. Omlaing Farmer Community Protecting Land Rights, Kampong Speu Province
38. Brae Sakak community, Preah Vihear province
39. Sangke Pi Mean Rith Community, Preah Vihear Province
40. Phum Bos Community, Preah Vihear province
41. O'Romduol Land Community, Preah Vihear Province
42. Premre Community, Preah Vihear Province
43. Dok Por Community, Takeo Province
44. Konleang Khla Community, Takeo Province
45. Kok Ta Rie Community, Takeo Province
46. Trapeang Krasaing Community, Takeo province
47. Kandal Farmer Community, Takeo Province
48. Promote Human Rights and Land, Kandal Province
49. Chek Meas Community, Svay Rieng Province
50. Meanchey Community, Svay Rieng Province
51. Kampong Ampil Forest Conservation Community, Svay Rieng Province
52. Samaki Romeas Hek Community, Svay Rieng Province
53. Andong Trabek Land Community, Svay Rieng Province
54. Chong Ampil Community, Prey Veng Province
55. Sang Kwang Community, Prey Veng Province
56. Prasre Community, Prey Veng Province
57. Spean Cheh Community, Sihanoukville Province
58. O Kampuchea Community, Sihanoukville Province
59. Bat Khteah Community, Sihanoukville Province
60. Prek Treng Community, Sihanoukville Province
61. Andong Thmor Community, Sihanoukville Province
62. Se Ai Pram Community, Sihanoukville Province
63. O Tracheak Chet Community, Sihanoukville Province
64. Kbal Hong Teuk Community, Sihanoukville Province
65. O Damrey Community, Sihanoukville Province
66. Thmor Thom Community, Sihanoukville Province
67. O Khsach Community, Sihanoukville Province
68. Ang Svay Farmer Community, Kampot Province
69. Srae Prang Community, Tbong Khmum Province
70. Kambrae Community, Tbong Khmum Province
71. Bos Snaor Community, Tbong Khmum Province
72. Bro Laoh Community, Tbong Khmum Province
73. Khnong Krapeu Community, Tbong Khmum Province
74. Yeay Khnom community, Tbong Khmum province
75. Proma Local Farmer Community, Kratie Province
76. People Center for Development and Peace (PDP Center)
77. Transparency International Cambodia (TI-Cambodia)
78. Prek Ta Kong Community Road 60m, Phnom Penh
79. 92 Community, Phnom Penh
80. Oysai Sros Community, Phnom Penh
81. Women Khleang Sang Community Phnom Penh
82. Phum 23 Community, Phnom Penh
83. Boeung Chhouk Community, Phnom Penh
84. Toul Sangke A Community Phnom Penh
85. Toul Sangke B Community Phnom Penh
86. Phnom Penh Railway Community, Phnom Penh
87. Chamroeun Community, Phnom Penh
88. Young Farmers for Sovereignty in Asia (YFS-ASIA)
89. Labour Rights Supported Union of Khmer Employees of NagaWorld

PDF: Download full statement in Khmer
MP3: Listen to audio version in Khmer

Resources

Prisoners of Interest

Read through the list of politicians, activists and unionists unjustly arrested for their peaceful activism.

Court Watch

Keep track of court cases against human rights defenders, environmental campaigners and political activists.

Right to Relief

An interactive research project focusing on over-indebted land communities struggling with microfinance debt.

Cambodia's Concessions

Use an interactive map to explore Cambodia’s land concessions.