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Boeung Tamok Residents Questioned by Court As Majority Accept Exchange Policy

Kong Toeur, a Boeung Tamok community member, arrives at the Phnom Penh court for questioning on July 24, 2024. (CamboJA/Pring Samrang)
Kong Toeur, a Boeung Tamok community member, arrives at the Phnom Penh court for questioning on July 24, 2024. (CamboJA/Pring Samrang)

The Phnom Penh Municipal Court continued to question Boeung Tamok residents as a majority of community residents were forced to submit a proposed policy negotiation to the district authorities after years of pressure.

To date, 21 houses remain there, while 88 houses have accepted the land exchange policy and moved to new places, according to a Prek Pnov district official.

Meanwhile, community residents said only three houses have not submitted the negotiation proposal.

Court-warranted pressure

On Wednesday morning, resident Kong Toeur appealed in court against her criminal charge for which she was alleged to have caused intentional violence and crimes against public officials during an incident connected to the canal excavation in February this year.

The court order dated July 9 was issued by Investigating Judge Chhe Vivattanak against her and eight others who were charged with the same offense.

Speaking to reporters outside the court after her two-hour appeal, Toeur said the judge asked if she stood on an excavator, which she rejected. She also denied burning nets, saying that its owner burned them because he did not see a reason keeping them amid the authorities’ “intention to destroy their income-generating place”. 

Toeur was asked if she violated the authorities, which she denied, adding that it was the villagers who were injured. 

She claimed that the judge planned to issue an order to detain her, but she pleaded with them not to, as she suffered from high blood pressure.

“Please drop the charges, as we don’t know anything. We only asked [about the canal] but we were hit with a criminal charge,” said Toeur, adding that it was unfair as the authorities only saw themselves doing the right thing even though they “beat up people unconscious” on that day.

Kong Toeur and other Boeung Tamok community members in Phnom Penh court for questioning on July 24, 2024. (CamboJA/Pring Samrang)

Moreover, she asked the district authority to investigate thoroughly before filing a complaint and taking residents to court. “Because residents like me sell boiled corn for three days to save money for transport to go to court […] Let the authorities do justice for the people in a comfortable and transparent way because we are all Cambodians.”

Like Toeur, the rest of the defendants urged the court to drop their charges.

Court spokesperson Y Rin could not be reached for comment.

Suffering from mental breakdowns

Sea Davy, who came to support her neighbor and was ordered to appear on July 30, thought that it was “customary” for the authorities to issue court orders to discourage landowners from defending their rights. 

She viewed the authorities’ act as “cruel and inhumane”. As citizens, Davy said, they do not have protection from the authorities, instead they are often persecuted in court, causing them to feel under pressure.

“Why is it hard for me to live on my own land and be subjected to violence by the state authorities? They forced us to accept the exchange policy to get out of our homes, even though we have a title deed from the state authorities.

“Why do we have to suffer injustice by the authorities who have a protective role but never protect us? They harass us again and again,” she said. ” I have a serious mental breakdown every day. I cannot sleep. My old mother is also worried and afraid that my younger siblings and I would be arrested.”

The authorities have fixed July 26 as the deadline for the people to dismantle the houses. “We don’t know what to do. I don’t understand how Cambodia is considered peaceful when people are being abused.”

Forced to accept exchange policy

Waiting quietly with five other community residents outside the court on Wednesday morning was Yorn Kim Yoeun, Toeur’s daughter. Kim Yoeun said a day after her mother received the court order, she, her husband, and mother went to the district hall to submit their land exchange policy with the aim of preventing her house from being demolished by authorities on Friday without compensation.

“I decided to submit the proposal because I was afraid they would come and destroy [the property], so we told them that we have submitted a proposal, but they have not resolved it for us.” 

Regarding the case, Yoeun thought it was a threat against her mother, as she had submitted a proposal with a “high price” for four plots of land and $70,000 in compensation. 

Despite their request for 10 meters of land and $60,000 compensation, there has been no reply from the district hall yet.

Only exchange policy

According to United Nations Human Rights Office of the High Commissioner, forced evictions can be broadly defined as a permanent or temporary removal against the will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection.

Prek Pnov district governor Thim Sam An told CamboJA News on Thursday morning that 21 houses have not accepted the exchange policy.

“A good road is already open. Did they not see that? They [people who already moved] think that is a good move. What about those who have not entered? What are they doing? There are 88 houses here, so what are the 21 houses doing?” said Sam An.

When asked what measures will be used if the remaining families still resisted moving this Friday, he said, “We will continue to encourage them to come in [submit the exchange policy].”

Continue to protect the homeland

Tim Ouk, who was in court to support her neighbor, said three houses have not submitted their proposal, including her family. 

Ouk insisted on onsite development because she “feels the pain” of being harassed by the authorities and leaving her house which has provided her comfort from the beginning. In addition, she noticed that people who were evicted faced more challenges in the new place. 

“For me, I want to fight to the end. But if I struggle and cannot defeat them, I am willing to let them take it [the house]. I am willing to leave because they intimidate us in many ways every day,” she said.

“And now, they say they will bring in five to six excavators on July 26. Why do they need to do that? If they really want the land, why don’t they [authorities] give people appropriate compensation so that they can accept it and walk away? 

Ouk said the authorities should not let the residents walk around “crying and screaming like that”. “Pity them. They have been living on that land for almost 30 years,” she added.

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