Cambodge Soir11-09-2008
14 representatives from the Boeung Kak area met on Tuesday September 9 to defend the interests of locals threatened with eviction. Chuong Chou Ngy, a lawyer will act as their legal representative.
The lawyer declared to have filed a complaint before Phnom Penh municipal court. It challenges the agreement between town hall and the Shukaku Investment Company regarding the real-estate project to develop the 130 hectares of Boeung Kak Lake. Chuong Chou Ngy also requested an immediate halt to sand pumping operations. The complaining party shall leave a deposit of riel 160 million to the municipal court. The municipality should pay this deposit, whereas the Housing Rights Task Force is responsible for the Lawyer’s fee.
Chuong Chou Ngy explained his legal approach: “the land surrounding the lake belongs to the State but for the past years, the locals have developed this area. Therefore according to the Land Code, this land shall now be given to the dwellers. As for the lake’s submerged area it is a natural property of the State. Therefore according to Khmer Law it cannot be leased”. He says that the state is trying to turn public property private, something which is illegal. He based his defence on a sub-decree published in 2006 and on two articles that defend the dwellers’ interests during investment activities. Article 18 also provides that the State cannot lease land for longer than a fifteen-year period.
The lawyer agrees that the complaint is rather late as the investment contract was signed in February 2007. But the villagers did not know how to organise swiftly or how to find representatives. He therefore thinks that this case file--now widely covered by the media--should be dealt with rapidly.
Following some representative dispersions which did not really seem to adequately support the villagers’ complaints, the next step is legal action. A real campaign is being set up including T-shirts and stickers stating: “Support Boeung Kak’s safeguarding campaign!”.
No comments:
Post a Comment