Rights Activists in Ratanakiri Accused of Incitement

A well-known activist, Pen Bunna, 47, ADHOC coordinator and his colleague Chay Thy, 43, both ADHOC local activists in Ratanakiri were accused of being involved with incitement to cause violence between 121 families with the DM Group Ltd., over land conflict over 200 hectares. On July 29, the two men received warrants from investigating judge Thor Saran, which was filed by DM Group director Kim Chanroeun; and they had to be present at the court on August 4, 2009. Mr. Pen Bunna said he did not know the reason why he and his workmate were sued, but he asserted that before that he had observed and investigated the land conflict between local ethnic minority group in Ratanakiri with DM Group company since 1998. From then on, he had received complaints from local villagers to file against the company for the reason that the company had illegally grabbed their land; therefore on behalf of civil society, he helped them write the lawsuit against the company, provided legal consultation and advocated with local authority for the matter, because the authorities had dropped local complaints for many times. Those people had no hope to rely on local authority and the provincial court at all.

In relation to the conflict, he added that when the company first came to seize local land from the villagers, even local authorities; such as village chiefs and communal chiefs had also supported the local people to claim that the company was the perpetrator of the case. But later on, when knowing the company was backed by high ranking official in the government, they changed to be favor of the company; and the local people became the victims of their own land. In order to succeed with their goal, they had used the court system to change things.

What was completely injustice was that after grabbing and bulldozing local land the company started to grow rubber trees and cashew. Because local villagers did not have any other plot of land, they planted soy beans and peanuts on the gap between rubber trees. At that time, the company did not react; however, when it was time to collect the products, the company did not only allow them to go into their land, but also accused them of destroying their private property. It was really injustice and inhumanity, he said.

On August 4, 2009 three groups of NGOs; two lawyers from ADHOC in Phnom Penh Mr. Long Lun and Mr. Visoth, Mr. Sam Sophal from OHCHR and Mr. Chan Saveth, chief of ADHOC’s monitoring unit and on behalf of CHRAC, went to Ratanakiri province to meet with provincial governor to ask for intervention. However, after half an hour meeting, the groups were advised to change Mr. Pen Bunna from the province. Ratanakiri judge Thor Saran said the court had advised ADHOC to more Mr. Pen Bunna to solve the penal charge.

Chan Saveth said Thursday August 5, Mr. Pen Bunna would be moved to Svay Rieng, and be replaced by another investigator, Sam Sarin, from Mondulkiri province. Mr. Chan Saveth gave the reason that “To protect people’s interests, ADHOC had to soften its stance to join and cooperate with the provincial authorities [because the conflict benefits neither side.

For this matter, Mr. Teb Borin the coordinator of local NGOs working to support ethnic minority group refused to comment on the reason of this changing, but recognized that Mr. Pen Bunna had really played an appropriate role in his duty on behalf of human rights activist.

Whereas Mr. Pen Bunna himself clarified and added further reason that he used to participate in investigating illegal forest timbers. Therefore some rich men and officials in the province did not feel happy with him.