The following information was obtained from Community Legal Education Center (CLEC). Details of this case can be downloaded by following this link: 

http://cambodia.ahrchk.net/docs/landcase_clec_jan2007.pdf

The below table contains the contact information of various diplomats:

[INSERT AMBASSADOR NAME AND ADDRESS]

cc:  [INSERT RELATED AID AGENCY CONTACT]

Dear Ambassador [INSERT NAME],

I write to you because I am deeply concerned about the pervasive land grabbing that is occurring throughout Cambodia.  Of particular urgency is the Kong Yu/Kong Thom case in Ratanakiri, ¡V one of the most glaring examples of illegal land grabbing in Cambodia.  Through a series of bribes, lies and intimidation, two indigenous Jarai communities have been divested of their ancestral land by a member of Cambodia¡¦s powerful elite ¡V in this case, the sister of the Minister of Economics and Finance and Economics, who is also the wife of a Secretary of State in the Ministry of Land Management.  This land grab ¡V which was facilitated by local authorities ¡V threatens the livelihood and continued existence of those communities, and is illegal under several articles of Cambodian law, including:  articles 1, 2 ,4, 7, 10 of the Contract Law (invalidating fraud and exploitation in contracts); articles 23-28, 265 of the Land Law (indigenous land protections); and articles 38, 45, 50, 58 of the UNTAC Criminal Law (criminal liability for corruption, fraud, forgery, and bribery).

I understand that our country¡¦s development agency works with the Cambodian government to strengthen management of land and natural resources through, inter alia, the Consultative Group (CG) and Government Donor Coordination Committee meetings (GDCC).  However, I am deeply disturbed to learn that Chhan Saphan, the husband of the businesswoman who seized the Kong Yu and Kong Thom land, is a government representative in the CG-GDCC process, and that Keat Chhon, the brother of that businesswoman, is the Chairman of GDCC meetings.  This naturally begs the question:  What results can we expect from our participation in the CG-GDCC process when Cambodia¡¦s representatives cannot stop illegal land grabs by their own family members?  By working with these individuals, yet remaining silent on the Kong Yu/Kong Thom case, our country will be condoning the illegal taking of indigenous lands.  We cannot allow this to happen.

In light of these facts, I urgently request the following:

• Raise the case of Kong Yu and Kong Thom at the highest diplomatic levels in Cambodia, and demand the return of the Jarai communities¡¦ land.
• Demand that all participants in the CG-GDCC process, both those in the donor community and their government counterparts, respect indigenous rights and put an end to illegal land alienation in Cambodia.
• Review our country¡¦s involvement in the CG-GDCC process in light of its current membership, and the lack of progress in the areas of indigenous land policy and management of land and natural resources.
• Request an immediate moratorium on the alienation of indigenous lands until indigenous land surveys and titling has occurred.

The international community must join together to send the message that land grabbing which victimizes the most vulnerable in Cambodia will not be tolerated by the donor community.

     Thank you,
     [INSERT NAME/ORGANIZATION]

Samdech Hun Sen
Prime Minister
Royal Government of Cambodia
Office of the Council of Ministers
No. 38, Russian Federation Blvd.
Phnom Penh, Cambodia
Fax:  855 23 726 127 / 23 880 619
E-mail:  ocm@cambodia.gov.kh

Dear Samdech Hun Sen,

We are writing to Samdech in the spirit of respect and mutual concern for the poor and vulnerable in Cambodia.  We would like to express our dismay over the illegal land transaction affecting villagers in Kong Yu and Kong Thom.  Jarai indigenous villagers in these two villages have had their land illegally taken away through the help of local authorities in Ratanakiri, which will lead to the displacement and dissolution of these indigenous communities.

Samdech, we would like to make you aware that your own name was used by the buyers and local authorities to complete this illegal deal:  villagers were told that they had to give the land to the State because disabled veterans of Samdech Hun Sen¡¦s army needed the land.  Previous attempts to buy this land failed when villagers explained that they needed the land for farming and future generations.  Only after they were deceived into believing that the land was needed by Samdech¡¦s soldiers did the villagers agree to give away their land.  The land buyer and local authorities took advantage of the villagers¡¦ patriotism and respect for you to acquire the indigenous lands.

Perhaps as disturbing is the fact that the buyer, H.E. Keat Kolney, is connected to senior officials in the national government.  H.E. Keat Kolney is the sister of H.E. Keat Chhon, Senior Minister of the Ministry of Economy and Finance, and is the wife of H.E. Chhan Saphan, Secretary of State for the Ministry of Land Management.  H.E. Keat Kolney¡¦s involvement in the Kong Yu and Kong Thom land deal tarnishes the reputation of the national government, and reduces public confidence in the Royal Government of Cambodia¡¦s commitment to helping the vulnerable and poor segments of society.  Furthermore, the fact that local authorities were intimately involved in facilitating this deal ¡X including receiving monetary benefits in return for the transaction ¡X raises concern as to the level of corruption that permeates local levels of the Royal Government of Cambodia.

Samdech, as you already know, fraud, deceit, and lack of freewill agreement all invalidate contracts under Cambodian law, and the land law has strong protections for indigenous.  Additionally, Cambodian law carries criminal liability for fraud, bribery, corruption, and infringement against management of indigenous lands.

Because of this miscarriage of justice, we respectfully request that Samdech intervene in the Kong Yu and Kong Thom cases, and help return this land to its rightful indigenous owners.  This action would restore confidence in the Royal Government of Cambodia, and demonstrate that the Royal Government of Cambodia protects its most vulnerable citizens.

Please accept, Samdech, the assurance of our highest regard.

Sincerely,

[INSERT NAME/ORGANIZATION]

cc:

H.E. Chhan Saphan
Secretary of State, Ministry of Land Management
#771-773 Monivong Blvd
Boeung Trabek, Chamkar Morn
Phnom Penh, Cambodia
Fax:  855 23 215 660
E-mail:  mlmupc@camnet.com.kh

H.E. Keat Chhon
Senior Minister, Ministry of Economy and Finance
Ministry of Economy and Finance, Street 92
Wat Phnom, Phnom Penh Cambodia
Fax:  855 23 430 168
E-mail:  efi@camnet.com.kh