Uwazi

Karapatan denounces the violent demolitions of stores, farms and protest centers in Barangay Tartaria, Silang, Cavite by hired goons of Ayala Land Inc. and the Aguinaldo clan.

The disputed area in Barangay Tartaria is part of a 200-hectare landholding settled by farmers since the late 19th century and known for its fertile soil planted to crops such as coconut, coffee, pineapple and banana. The landholding is being claimed by the Aguinaldos, who, however, failed to produce any proof of ownership.

Initially approved as a land reform area under the government’s Comprehensive Agrarian Reform Program, the National Housing Authority in collusion with the Aguinaldos succeeded in having the landholding exempted from CARP by having it reclassified as residential land. Since then, violent demolitions have been perpetrated by security guards hired by Ayala Land Inc. in cahoots with local police forces to make way for the construction of commercial establishments and a private subdivision in the area.

The latest attack was the burning at 2 a.m. of April 20, 2024 of the protest camp set up by the Samahan ng Magsasaka at Mamamayan ng Tartaria (SAMATA). The perpetrators were some 60 armed security goons from the notorious Jarton Security, the same agency hired by Ayala Land to demolish peasant communities in Hacienda Yulo in Canlubang, Calamba, Laguna.

Karapatan stands in solidarity with the peasant communities of Tartaria in their continuing struggle to defend their land and livelihoods from landgrabbers led by Ayala Land and the Aguinaldo clan.

At least 60 armed personnel have been reportedly building fences in the farmlands of barangay Tartaria, Silang, Cavite since April 16, prompting farmers to defend their community.

Regional peasant group Katipunan ng mga Samahang Magbubukid sa Timog Katagalugan (Kasama TK) said that the armed personnel came from Jarton Security, which it claimed was hired by the Ayala and Aguinaldo clans. Both families have been trying to seize the land for years, despite the pending decision of the Supreme Court (SC) and the Department of Agrarian Reform (DAR) on land ownership.

Kasama TK said that the Philippine National Police (PNP) intervened, but only to assist Jarton Security.

In response to the persistence of security personnel, the Tartaria farmers built a fence to protect their farm, only to be demolished by the armed personnel. At least one farmer was injured in the incident.

The local group of farmers and residents Samahan ng Magsasaka at Mamamayan ng Tartaria (Samata) said that they tried to ask the armed personnel through a document to leave in peace. However, they refused to sign.

“Ito ay nangangahulugan lamang na hindi sila seryoso at patuloy pa rin yung gagawin nila na pagbabakod sa mga hindi surrender. Kaya nagkampohan na kami sa lupa, andito pa rin yung mga tao, at ang tindig namin ay hindi kami aalis dito at patuloy kaming magbabantay,” a representative from SAMATA said.

(This means that they are not serious and they will be persistent in fencing off our lands. So we are camping here and we continue to stand our ground that we will not leave. We continue to watch them.)

This incident is not new to the farmers of Tartaria. In a 2021 report by Bulatlat, farmers and residents were struggling against land-grabbing for decades. They have also successfully formed barricades and resisted the attempts to demolish their homes.

Both Kasama TK and SAMATA recorded a separate incident of harassment by Jarton Security on April 3. They also reported that there were incidents of illegal intrusion into their homes.

Human rights group Karapatan Laguna said that the ongoing harassment and planned change in land use are blatant violations of the human rights of Tartaria farmers and residents.

Initially, the DAR approved 137 farmer-beneficiaries of Tartaria under the Comprehensive Agrarian Reform Program (CARP) of former President Corazon Aquino. However, the Aguinaldo family contested the approval and later submitted appeals which were denied. It was only during the time of President Fidel V. Ramos that the decision was reversed, declaring the land as exempted from distribution.

“The slow action of the DAR in processing such cases of farmer struggles has also been condemned, allowing numerous incidents of harassment, intimidation, and threats against residents and farmers. The involvement of the PNP in harassment is unwarranted as it falls outside their jurisdiction,” Karapatan Laguna added.

Rights activists and environmentalists have expressed dismay over slapping terror charges on two Filipino activists, terming it an example of muzzling dissent and crackdown on rights-based activism in the country.

Fritz Jay Labiano and Adrian Paul Tagle have been charged with violating the Terrorism Financing Prevention and Suppression Act of 2012, media reports say.

Labiano is the coordinator of the rights group Kabataan Partylist in Quezon province, and Tagle is the coordinator of Tanggol Quezon, an advocacy group. If convicted, they face life imprisonment.

Hoang Duc Binh reported to his family that he was put in leg shackles for 10 days, from March 26 to April 5, by warden Nguyen Ngoc Thach at An Diem Prison in Quang Nam Province. He also has been prohibited from receiving supplies or calls from his family for three months, as well as family visits for two months. According to Binh’s family, Binh was punished for protesting against unfair treatment by the warden, who did not let him have several items sent by his family and cited him for “not following orders by prison authorities.” While Binh was in shackles, guards allegedly confiscated his personal belongings, as well as those of other political prisoners. At least four political prisoners went on a hunger strike to protest the mistreatment: Hoang Duc Binh, Trinh Ba Phuong, Phan Cong Hai and Nguyen Thai Binh. As a result, all four were put in “disciplinary cells” and were not allowed to go out to the yard or communicate with other inmates.

In a letter home dated April 8, Trinh Ba Phuong corroborated Hoang Duc Binh’s account of being disciplined and the group’s hunger strike. Phuong’s wife, Do Thi Thu, was able to visit him on April 21 and reported that Phuong and several other political prisoners had been locked in their cells since April 8 with everything passed in and out through a small opening. Phuong told Thu it was a form of psychological torture. Phuong also said that Binh is suffering from back pain, abdominal pain, loss of smell, and chest pain. Binh did ask prison authorities for medication for his chest pain but so far has reportedly not received any. Thu also reported that for the past year, Phuong has not been eating any food made by the prison; at one point, the food caused him severe diarrhea and stomach problems. Phuong also said the water source at An Diem is highly polluted.

Koet Saray, President of the Khmer Student Intelligent League Association (KSILA), was today sent to pre-trial detention at Correctional Centre 1 prison by an investigating judge at the at Phnom Penh Capital Court following charges of “committing a misdemeanour after sentencing for a misdemeanour” and “incitement to commit a felony” under Articles 88, 494, and 495 of the Criminal Code. The charges relate to ongoing land conflicts in Preah Vihear province.

On 6 April at around 3:30pm, police officers confirmed that Saray had been transported to the Phnom Penh Capital Court from the Phnom Penh Police Commissariat, where he had been held overnight following his arrest on 5 April at around 4:00pm by approximately 10 mixed uniformed and plainclothes police officers outside of KSILA’s office in Phnom Penh. Saray’s arrest followed an order issued by the Office of the Prosecutor at Phnom Penh Capital Court on 5 April to bring Saray to Phnom Penh Capital Police for questioning on “incitement to cause serious chaos to social security”.

One monk and around a dozen individuals from various youth groups and civil society organisations had been present at the Phnom Penh Police Commissariat on 6 April to monitor the situation. A few plainclothes police officers had also been deployed nearby, where they took photographs and videos and prevented human rights defenders from bringing food to Saray.

In 2023, the Supreme Court upheld incitement convictions against Saray and nine other activists in relation to peaceful gatherings calling for the release of then-imprisoned union leader Rong Chhun. The lower court had sentenced Saray in October 2021 to 20 months’ imprisonment with six months of his sentence suspended for a period of two years, and fined him 2 million riel (US$500).

Environmental activist from Karimunjawa, Central Java, Daniel Frits Maurits Tangkilisan was sentenced to 7 months in prison for EIT Law.

The verdict hearing was held at the Jepara District Court, Central Java, Thursday (4/4). The trial was led by Chief Judge Parlin Mangantas Bona, Member Judges Joko Ciptano, and Yusuf Sembiring.

"Adjudging that, one, the defendant Daniel has been proven legally and convincingly guilty of the crime of without the right to disseminate information aimed at creating hatred for certain groups of people based on ethnicity, religion, race and intergroup or SARA," said Parlin Mangantas Bona when reading out the trial verdict.

"Two, punish the defendant with imprisonment for seven months and a fine of Rp 5 million, provided that the fine is not paid, it will be replaced by imprisonment for one month," he continued.

In addition, in his decision, the judge ordered evidence, namely Daniel's cellphone and Facebook account, to be destroyed.

On that occasion, the Chief Judge also read out the aggravating and mitigating considerations in handing down the verdict. The aggravating factor was that the defendant Daniel was considered to have caused unrest to the Karimunjawa community.

The mitigating circumstances in the view of the panel of judges were that the defendant was an environmental activist. In addition, the defendant was cooperative and polite during the trial.

"The mitigating factors are that the defendant has never been convicted, the defendant is polite, and cooperative in the trial, the defendant is an environmental activist, an educational service that has contributed to the community not only in Karimunjawa and many other areas," he said.

During a barangay session in Barangay Ibo, Toledo City on April 4, 2024, Barangay Councilor Primo Lamela, 49, was allegedly confronted by members of the Philippine Army (PA). Lamela was allegedly told by the PA team leader that he was a target of their intelligence gathering for his alleged connections with the New People’s Army (NPA). The PA team leader also alleged that Lamela and his organization posed a potential threat to the peace and order situation in their barangay. Lamela is the current Executive Director of Kapunongan Alang sa Kauswagan sa Kasadpang Sugbo (KAKASAKA), a local non-governmental organization. Lamela is also an active member of Akbayan-Cebu and an active supporter of Limpyong Hangin Alang sa Tanan (LAHAT), a local environmental organization actively engaged in opposing a coal-fired power plant in Toledo City.

In March 2024, Lamela met the PA team by chance. The team was seeking permission to stay in the barangay for intelligence purposes. Lamela escorted them to a possible site for their camp. After that, he went to his office, while the troops returned to the barangay hall. Later, when he returned, he found the troops talking to the barangay captain. After they left, the barangay captain allegedly confronted Lamela and asked about KAKASAKA’s operations. Lamela had already become suspicious about the PA’s intentions.

According to Lamela, during a formal courtesy call to the council, the PA sat in on one of their sessions. The PA explained that they would be staying in their barangay for several months. However, during the presentation, Lamela felt like the PA was attacking him. The PA brought up Lamela's affiliation and support for Akbayan Party-list and Senator Risa Hontiveros, as well as his connection to a local organization whose members were arrested during a rally in the nearby town of Aluguinsan. The PA also hinted that Lamela was linked to an alleged NPA sighting in Barangay Ibo, following a recent military encounter in Escalante City, Negros Occidental. There were reports that after the encounter, NPA members allegedly went to Barangay Ibo.

According to Lamela, after their initial meeting, the PA visited his office multiple times. The PA allegedly demanded that Lamela hand over all the legal documents about KAKASAKA. Additionally, the PA ordered Lamela to disclose all their contacts and funders. Lamela grew tired of being asked for the same documents repeatedly and requested the PA to write a formal letter for their request. On each visit, a different member of the PA arrived, but none of them introduced themselves. Lamela became concerned about the true motive behind the PA's repeated requests.

Background:

During the early 2000s, Lamela was actively opposing the construction of a power plant. The power plant's administration allegedly ordered military men to visit his office and persuade him to stop his opposition. Despite this, Lamela persisted and eventually ran for office, winning the position of barangay councilor during the 2022 Barangay and Sangguniang Kabataan Elections. Currently, Lamela serves as the chairperson of two committees in the barangay - the committee on environment and the committee on fisheries and agriculture. He is also the vice-chairperson of the committee on women.

Hoang Duc Binh reported to his family that he was put in leg shackles for 10 days, from March 26 to April 5, by warden Nguyen Ngoc Thach at An Diem Prison in Quang Nam Province. He also has been prohibited from receiving supplies or calls from his family for three months, as well as family visits for two months. According to Binh’s family, Binh was punished for protesting against unfair treatment by the warden, who did not let him have several items sent by his family and cited him for “not following orders by prison authorities.” While Binh was in shackles, guards allegedly confiscated his personal belongings, as well as those of other political prisoners. At least four political prisoners went on a hunger strike to protest the mistreatment: Hoang Duc Binh, Trinh Ba Phuong, Phan Cong Hai and Nguyen Thai Binh. As a result, all four were put in “disciplinary cells” and were not allowed to go out to the yard or communicate with other inmates.

In a letter home dated April 8, Trinh Ba Phuong corroborated Hoang Duc Binh’s account of being disciplined and the group’s hunger strike. Phuong’s wife, Do Thi Thu, was able to visit him on April 21 and reported that Phuong and several other political prisoners had been locked in their cells since April 8 with everything passed in and out through a small opening. Phuong told Thu it was a form of psychological torture. Phuong also said that Binh is suffering from back pain, abdominal pain, loss of smell, and chest pain. Binh did ask prison authorities for medication for his chest pain but so far has reportedly not received any. Thu also reported that for the past year, Phuong has not been eating any food made by the prison; at one point, the food caused him severe diarrhea and stomach problems. Phuong also said the water source at An Diem is highly polluted.

Two Pangasinan-based environmental defenders and organizers were violently mauled and dragged into an SUV at about 8 p.m. on March 24 in Barangay Polo, San Carlos, Pangasinan, according to human rights group Karapatan-Central Luzon

Karapatan – Central Luzon said the abduction of Francisco “Eco” Dangla III and Axielle “Jak” Tiong is the seventh and eighth abduction in Central Luzon.

“Similar to all other incidents of abductions and enforced disappearances, the two were victims of terror-tagging and vilification despite being genuine champions of the environment and the people of Pangasinan,” said Karapatan-Central Luzon in a statement.

Both Dangla and Tiong were actively raising awareness on the impact of coal-fired power plants and offshore mining. They campaigned against the revival of the faulty Bataan Nuclear Power Plant and the proposed entry of small modular nuclear reactors, according to scientists’ group Agham – Advocates of Science and Technology for the People.

They are also both co-convenors of the Pangasinan People’s Strike for the Environment, a member organization of the EcoWaste Coalition and the Ecology Ministry of the Archdiocese of Lingayen-Dagupan.

Dangla is a leader of Bagong Alyansang Makabayan (Bayan) Pangasinan and coordinator of Makabayan, while Tiong is national coordinator for Kabataan Partylist (KPL).

“It reflects the worsening state of human rights under the government of Ferdinand “Bongbong” Marcos Jr, which continues to silence criticisms against its anti-people programs and policies,” Bayan said in a statement, calling for both activists to be surfaced.

This incident contradicts the claim of Marcos Jr. of “decreased” human rights violations in the Philippines in his recent speeches inside and outside the country. He claims that incidents of human rights violations were “down by half in 2023 as compared to 2022.”

Karapatan noted that the biggest hike in human rights violations is in the number of victims of enforced disappearances: from four in 2022 to 11 in 2023. This is followed by a 58-percent increase in the number of frustrated extra-judicial killings and 46-percent in the extra-judicial killings.

“These figures are enough to dispel Marcos Jr.’s false claims that things are looking better on the human rights front. The only thing that distinguishes Marcos Jr. from Duterte is his conscious cultivation of a more ‘presidential’ image compared to his predecessor’s crassness,” said Karapatan.

The abduction of human rights defenders continuously paints the worsening human rights situation in the country, despite presidential pronouncements. Several local and national organizations are searching for the whereabouts of the two activists.

“We call on the people to provide any relevant information about this case. We enjoin all advocates of civil liberties to denounce this latest attack on the human rights community and to put pressure on authorities to immediately release Eco and Axielle,” Bayan said, holding the government accountable for any harm done to the activists.

Two ethnic Khmer Krom activists who were arrested last year on suspicion of distributing books about indigenous peoples’ rights were sentenced to prison on Wednesday by a Vietnamese court.

Nearly 1.3-million Khmer Krom live in a part of Vietnam that was once southeastern Cambodia. They have faced serious restrictions on freedom of expression, assembly and movement.

The Cau Ngang District People’s Court in southern Vietnam’s Tra Vinh province convicted To Hoang Chuong, 38, and Thach Cuong, 37, of “abusing democratic freedoms” under Article 331, a section of the penal code used by the government to silence dissenting voices.

Chuong received a four-year sentence and Cuong was given three-and-a-half years in prison, state media reported.

Last month, a court in neighboring Soc Trang province sentenced Danh Minh Quang, 34, to three-and-a-half years in prison on the same charge.

Quang was arrested in July 2023 as part of the same investigation as Chuong and Cuong.

Police in both provinces told local media that the men passed out copies of the United Nations’ “Declaration on the Rights of Indigenous Peoples,” which states that indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions.

Prosecutors last month said that Quang used his personal Facebook account to post comments and live-stream videos that “violated Vietnam laws.”

The indictments for Cuong and Chuong also accused them of using their Facebook accounts to live-stream videos and to post and share photos and video clips, according to the Tra Vinh newspaper.

The contents of the articles, photos and video clips “affected the national and religious unity, distorted the history of Vietnam and the authorities and insulted the prestige” of police and local authorities, according to the Tra Vinh provincial Department of Information and Culture.

‘The reality of suppression’

A Khmer Krom resident of Vietnam who follows Chuong on Facebook told Radio Free Asia on condition of anonymity that he never saw any posts from Chuong that opposed the Vietnamese government.

“They reflected the reality of suppression against the Khmer community in southern Vietnam,” he said.

There was no information about whether Chuong and Cuong had a defense attorney present during Wednesday’s trial.

Khmer Kampuchea Krom for Human Rights and Development Association Secretary General Son Chum Chuon said the severe sentences were unfair and were particularly unjust if the two men were tried without access to a lawyer.

“These allegations are contrary to their actual activities,” he told RFA. “That is why we urged the Vietnamese government or the court to give them a lawyer.”

Josef Benedict, Asia Pacific civil space advocacy expert for rights group CIVICUS, called Wednesday’s convictions “an outrageous travesty of justice.”

“Both were targeted for their advocacy of the rights of the Khmer Krom community and should have never been brought to court,” he said.

Human Rights Watch Deputy Asia Director Phil Robertson called the charges “bogus,” saying they were designed to stop the Khmer Krom activists exercising their civil and political rights.

"Article 331 is a perfect example of the total injustice perpetrated by the government because they can use this charge to criminalize virtually anything the authorities don't like,” he said.

“The lapdog Vietnamese courts do whatever they are told to do by the ruling party, and the ordinary Khmer Krom people who stand up for their communities, their religion and their culture have no chance to escape being sent to prison.”

Daniel Frits Maurits Tangkilisan, a resident of Karimunjawa, Jepara Regency, who objected against shrimp farming, was indicted for ten months' imprisonment. The indictment was read out by the prosecutor in a hate speech trial under the Electronic Information and Transaction Law (EIT Law) that ensnared Daniel at the Jepara District Court on Tuesday, March 19, 2024.

In a copy of the indictment Tempo obtained, Daniel was charged with violating Article 45A Paragraph 2 in conjunction with Article 28 Paragraph 2 of Law number 19 of 2016 concerning amendments to Law number 11 of 2008 concerning EIT.

"Imprisonment for 10 months minus the detention period already served by the defendant and a fine of IDR 5 million, provided that if the fine is not paid, it will be replaced by one month of imprisonment," read the indictment quoted on Wednesday, March 20, 2024.

Daniel was reported for his comments on Facebook. Daniel initially uploaded a 6:03-minute video on his Facebook account on November 12, 2022. The video shows the condition of the Karimunjawa coast which is affected by shrimp pond waste.

A number of accounts then commented on the upload, both pro and con. Daniel replied to one of the comments with the sentence, "The shrimp brain community enjoys eating free shrimp while being eaten by farmers. In essence, the brain shrimp community is just like the shrimp farm itself. Fed deliciously, a lot, and regularly to be harvested."

KARAPATAN condemns the violent demolition of a peasant community in Sitio Balubad, Barangay Anunas, Angeles City. At least seven persons have reportedly been injured after combined elements of the Philippine National Police (PNP) and goons hired by Clarkhills Properties Corporation opened fire on the protesting farmers. Even reporters covering the demolition were reportedly harassed and threatened by the raiding team.

Clarkhills Properties has been trying since October 2023 to gain control of a 72-hectare landholding that had already been awarded to the farmers under the government’s agrarian reform program after they had completed paying the required amortization. The Department of Agrarian Reform, however, later voided the Certificate of Land Ownership Award granted to the farmers, leading to a series of violent attempts by Clarkhills Properties to seize the land from the residents.

The area is populated by at least 535 households with some 2,000 families. Before this violent demolition, the residents had been resisting Clarkhills Properties’ demolition teams which have been conducting monthly demolitions since October.

Twenty-nine people were charged by the Preah Vihear Provincial Court on 8 March 2024 with “clearing forestland and enclosing it to claim for ownership” under Article 97(6) of the Law on Forestry. Four of the 29 people charged were released on bail, and the remaining 25 have been sent to pre-trial detention in Preah Vihear provincial prison. They include 13 men and 12 women.

The group was arrested earlier this month after mixed armed forces accompanied by forestry administration officials entered a disputed area with tractors intended to clear the land. Authorities fired live ammunition, used a smoke grenade, and arrested villagers.

The charges are the latest development in a longstanding land dispute involving Seladamex Co., Ltd., which affects families from Mrech, Srayang Tboung, and Kdak villages as well as families who have more recently migrated to the area. Seladamex was granted an Economic Land Concession in 2011 in Srayang and Phnum Tbaeng Pir communes in Kuleaen district.

A group of mixed armed forces including gendarmes and police officers accompanied by forestry administration officials mobilised this morning to secure disputed land in Preah Vihear province, resulting in the use of live ammunition and arrests.

A number of villagers have reportedly been arrested and taken to Preah Vihear provincial capital. Their current location is unknown.

Villagers reported that mixed forces armed with automatic rifles had entered the area shortly before dawn, and were accompanied by tractors to clear the disputed land. Fearful of property destruction and forced evictions, villagers gathered to demand the forces leave the area. A confrontation ensued in which a video captured live ammunition being shot repeatedly by authorities as well as the use of a smoke grenade.

The land dispute in question involves Seladamex Co., Ltd., and impacts families from neighbouring Mrech, Srayang Tboung, and Kdak villages as well as families who have more recently migrated to the area.

Seladamex had been granted an Economic Land Concession in March 2011 in Srayang and Phnum Tbaeng Pir communes in Preah Vihear’s Kuleaen district. The concession led to land conflicts with hundreds of families who were already living in the area. In 2022, representatives of 131 impacted families reported that their belongings and crops had been destroyed by authorities on behalf of the company.

Violence against farmers in Pakel Village, Licin Subdistrict, Banyuwangi Regency has surfaced again. This time, farmers who are members of Rukun Tani Sumberejo Pakel (RTSP) again had to deal with the brutal actions of hundreds of armed mobs from PT Bumisari Maju Sukses (BMS).

Based on the chronology release from Pakel farmers that we received, the endless series of attacks from PT Bumisari Maju Sukses (BMS) on farmers' cultivated land began on March 5, 2024. On that day, the farmers initially found that the hut on their cultivated land had collapsed and was damaged. In fact, a bottle containing gasoline was also found, which was suspected to be used to burn the hut that had been torn down.

Four days later, on Saturday, March 9, 2024 at around 09:51 a.m., dozens of PT BMS security guards accompanied by a group of people suspected of being hired thugs broke into the reclaiming land owned by farmers in the Pongkor area. They then deliberately knocked down and burned down simple huts built by farmers on the cultivated land. In a release, Pakel farmers revealed that although they came to the location shortly after the incident, the security and a group of people suspected of being hired thugs chose to retreat.

However, the vandalism did not stop there. At around 11:00 a.m. on the same day, the farmers were surprised by the presence of a new hut erected by PT BMS in the middle of the road to the land in the Pongkor area. The presence of this hut blocked the access of farmers to pass on the road. While standing guard at the location, the farmers reportedly witnessed PT BMS cutting down crops and destroying a hut owned by a farmer in the Panasean area not far from Pongkor.

"Therefore, we spontaneously tried to chase and chase them away so that they would not return to cut down our plants. Since then, we have to be on guard so that no more of our plants are cut down," reads a quote in the chronology release.

Furthermore, it was revealed that the access road at the Taman Glugo River bridge that farmers usually pass through to reach the cultivated land was also blocked using a truck that was strongly suspected to belong to PT BMS.

On Sunday, March 10, 2024 at around 10:30 a.m., the riot heated up again on Pakel farmers' cultivated land. This time, the mob from PT BMS, estimated at 150 people, cut down the plants and damaged the farmer's hut in the northern area of Kali Gondang.

Knowing this, other Pakel farmers came to the location. However, the mob mobilized by PT BMS acted even more barbaric by intimidating the farmers, pushing them, and threatening them with sharp weapons. There were even some people suspected of being hired thugs who challenged Pakel farmers to a duel.

"At 11:00 a.m., we started to arrive. At first there were only a few of us. After more farmers arrived, PT Bumisari retreated," reads a quote in the chronology release issued by Rukun Tani Sumberejo Pakel.

Furthermore, in the evening at around 19.30 WIB, one of the Pakel farmers who was conducting routine night patrols suffered physical abuse in the form of a blow to the nape of the neck and had to be rushed to the puskesmas. At that time the victim was patrolling with 6 other farmers. When he saw a shadow, the victim approached but was then attacked by a masked man with a sharp weapon and another man who beat him from behind until he fainted. Before being helped by his colleagues, the three perpetrators had already run away.

On Thursday, March 14 at around 08:37 a.m., the situation heated up again, PT BMS mobilized around 300 people to massively attack Pakel farmers' land again. They deliberately cleared and damaged 2 hectares of farmers' crops in Kali Gondang and Pongkor. More than 3 farmers' huts were also vandalized and burned down on that day.

Although Pakel farmers tried to resist, PT BMS again acted more barbaric by carrying sharp weapons and firearms. There were even two shots fired into the air allegedly to scare the farmers into retreating. As a result, a female farmer was victimized with bruises on her hands, arms and legs.

After attacking Kali Gondang, at around 11:09 a.m., PT BMS also attacked the Pongkor area, allegedly to break the farmers' concentration so that they could more freely damage the plants. In the release, it was mentioned that around 20 banana trees belonging to farmers were cleared by PT BMS. In this incident, some PT BMS workers chose to go home and apologize to Pakel farmers while claiming to have been fooled and paid by the company to attack Pakel farmers.

The escalation of violence experienced by Pakel farmers did not stop there. On Thursday, March 21, 2024 at 08.55 WIB, according to the chronology release sent by Pakel farmers to us, PT Bumisari security began to re-trigger acts of provocation and intimidation of tension by instructing its heavily armed troops to advance and spread to the right and left of the farmers' cultivated land area.

Initially, the farmers were not provoked and remained vigilant in guarding the border to prevent PT Bumisari's troops from breaking in and damaging their crops again. However, soon PT BMS security gave another command by directing its troops to cut down trees on Pakel farmers' cultivated land.

Seeing the situation escalating, Pakel farmers stepped in to prevent further destruction. They blocked PT Bumisari's armed troops who were about to cut down trees in front of their own eyes. This incident triggered a physical clash with mutual pushing and shoving between the two camps.

Quoted from the chronology release, PT Bumisari did not want to back down and still insisted on trying to cut down the farmers' crops even though they had been blocked. As a result, the clash was inevitable.

Not only physical clashes, threats and intimidation were also sent by PT Bumisari to farmers who still insisted on defending their cultivated land. The release stated that some farmers were even threatened with imprisonment if they persisted in blocking land destruction. Even more worrying, PT Bumisari also explicitly threatened to return to destroying farmers' crops if residents' representatives refused to come to court. Of course, such intimidation triggered deep trauma and concern among Pakel farmers who only wanted to defend their cultivated land.

Even so, their determination to defend their cultivated land has not waned. In the release, it was mentioned that after the clash and the attack from PT Bumisari finally subsided at around 09.30 WIB, the farmers actually returned to guard until night to anticipate other unexpected attacks.

"After the clash, we remained on guard until night around our land to ensure that PT Bumisari's troops did not attack or damage our crops again," said Harun, who also faced the incident.

Mondulkiri provincial court on Monday questioned NGO rights group Adhoc official and four Bunong natives after land brokers and fellow villagers filed a defamation and incitement complaint against them. The complaint was made after the suspects submitted evidence of chopped trees and encroachment by the plaintiffs, made up of land brokers and a few villagers.

According to the February 3, 2024 court summons, deputy prosecutor Seav Ngy Chhorn ordered the five people, Bi Vanny, Adhoc provincial coordinator, and minority indigenous people Chen Vanna, Sreng San, Rouen Heng, and Ngin Channa, to present themselves at the Mondulkiri provincial court from March 1 to 4, 2024.

The plaintiffs, who made the complaint, consist of Ploeun Pyin, Nhev Mao, and Soeun Sam, where one or two are known to the villagers as they are from the same village.

Vanny, who was in court on Monday, said the prosecutor asked him questions relating to the information​ and evidence he submitted about the alleged forest crime and land encroachment at the indigenous people’s land in Poulong village of Sen Monorom city’s Romnea commune.

He said community residents had requested his organization’s help to submit the evidence in court to seek justice as they lacked knowledge of the law.

The evidence was submitted in March 2023, following which the court asked him to appear in November that year. At the time, he said, he told the court that he was only doing what the villagers had requested of him.

On November 20, 2023, a week after Vanny appeared in court, the plaintiffs sued him for defamation and incitement to discrimination, which he denied being involved.

Vanny asked the court to drop all charges against him because he was only providing information to the prosecutor and had no intention of violating the plaintiffs’ rights or harming them.

“We ask the prosecutor to investigate the facts of the case. I hope that the court is an independent institution, a place where justice is upheld, to decide if there was an encroachment, and if it’s related to the three individuals who filed the complaint against me and the four indigenous people,” Vanny said.

He urged the court to quickly investigate and fairly decide on the case. “We are going to court because we all want justice,” he said.

Relating his experience, Chen Vanna, who was questioned on Monday, said the prosecutor questioned him about the land encroachment evidence, which was submitted to court. He said the evidence was submitted because they want to prevent deforestation.

“I answered that I want to intervene to protect our natural resources [forest],” he said.

The prosecutor questioned whether the community land had indeed been encroached, to which Vanna replied, “They [plaintiffs] cut it and if the court doesn’t believe, they can go and see it for themselves.”

“I am not the only one, the people of Poulong village have put in a [petition] everywhere to prevent the community land from being cut down and taken over by the [plaintiffs] as their own land. We want it retained as state property, a common property where we have a forest. But when I tried to stop this, they said I defamed them,” Vanna said.

According to him, the plaintiffs are also residents of Poulong village and the purpose of clearing the community land was because it would be included as indigenous people’s land before claiming that it was “an old plantation”.

“I ask people who are competent to help us preserve the forest and natural resources. The area is a public forest, it’s not owned by anyone. I do not want that land [for me], I just want us all to use it together,” he added.

Similarly, another suspect, Bunong native Ngin Channa, felt that the accusation was unfair because the land dispute happened in the community in Poulong village.

She told the court she was not involved in any incitement, but all the people in the Poulong village need to leave the community land so that it can survive.

“Because we, the Bunong people, go in there to collect resin and vegetables. There are also a lot of cattle there,” Channa said. If 500 to 1,000 hectares of the forest are cut down, there will be no forest, she shared. The trees are like fruits to the community, for instance, resin, which is available during dry and rainy seasons.

When the prosecutor asked who confiscated the land brokers’ machine used to cut the trees, she admitted that the community did. The machine was sent to the community representative and the commune forestry administration.

She said the community people volunteered to protect the land from being lost.

“I would like to request the court in Mondulkiri to find the perpetrators, as in who is behind those who dare to do this [clear the land]. There are efforts to prevent [encroachment] [via continuous patrolling], but how can they [land brokers] still do that?” Channa asked.

She requested the government and the relevant authorities to look into the issue, adding that the​ evidence has been submitted to the Ministry of Interior and Ministry of Agriculture, Forestry and Fisheries.

“Please intervene in this matter so that there is no further encroachment and please drop the charges so that no one is summoned again. Every day we have nothing. We are farmers, so it [the case] disrupts our activity and we cannot do any other work. I’m stuck with a bank loan,” Channa said.

According to Channa, she is now looking for additional evidence to submit to the court, asserting that encroachment is still ongoing.

Mondulkiri provincial deputy governor Cheak Mengheang told CamboJA on Wednesday afternoon that there was daily encroachment, but that it cannot be proven currently. He asked that the information be checked first because it was unclear.

Romnea commune chief Phy Ngouk could not be reached for comment.

NGO rights group Licadho operation director Am Sam Ath believed that citizens who understand and dare to file evidence relating to the protection of collective property, community or state property should be encouraged. They should not be prosecuted for any crime.

But if they are prosecuted, it breaks the spirit of the people who participate in the protection of the environment.

“It is akin to a restriction on the rights of civil society who work to protect the common interests of the forest, natural resources, and the environment,” Sam Ath said. “If this problem persists, no one will dare report problems at the local or community level,” he said.

He also called on the court officials to drop charges against Adhoc’s Vanny and the four local residents who are devoted to protecting the forests.

“I understand that when there is a complaint, the court must summon the people for questioning, but hopefully it will look at all the issues, and the rights and freedom of people,” Sam Ath said.

Deputy prosecutor Seav Ngy Chhorn told CamboJA that the court has yet to decide what is the next procedure​ after it finished questioning relevant parties involved in the case. The court needs to further question witnesses as both parties have submitted additional evidence.

Early this February, the ruling CPP also filed a lawsuit against outspoken human rights group Adhoc Soeng Senkaruna for allegedly making a comment believed to provoke unrest and incite hatred against them. The comment was also allegedly intended to affect the Senate election on February 25, 2024, according to the complaint published by Fresh News.

In the complaint, CPP asked the court to consider their request to indict and sentence Soeng Senkaruna in accordance with the law. A compensation of two billion riel (approximately $500,000) has also been demanded from him.

Political analyst Em Sovannara opined that in Cambodia today, the “justice system is only available for the influential and the wealthy”. He alleged that “ordinary people, advocates, and those who do social work seem to face the most problems”, which he sees as an unfavorable task for the democratic environment in Cambodia.

“In general, if we look at the characteristics of civil society organizations, advocates, activists and political parties, they seem to be shrinking. There is no space for political freedom and freedom of expression. The Cambodian society lacks a system of justice that gives us confidence,” he said.

In this aspect, he would like to see a return to the principles of democracy prescribed under the Constitution and by the United Nations Charter and Paris Peace Agreements. They clearly state the principles of multi-party liberal democracy where Cambodians can seek justice.

He added that if there is only a theoretical system of the policy, but without practical application, Cambodians would be affected by the injustice in a country that practices democracy.

Below is a letter from Tran Phuong Thao, wife of imprisoned climate leader Dang Dinh Bach. In it, she alleges Prison No. 6 in Nghe An province deliberately withheld a package of food from Bach, leaving him to have essentially no access to food for two weeks. This serious allegation should be thoroughly investigated by the international community.

Bach, who is serving five years in prison on spurious charges of tax evasion, has been subjected to harsh prison conditions and has undertaken numerous hunger strikes in protest. His family has also faced constant harassment from the Vietnamese authorities, even threatening the confiscation of their home.

---

Hanoi, 13.03.2024 ~

Dear friends, colleagues and international organizations

I came home yesterday (March 12) at 9PM after visiting my husband Đặng Đình Bách in Prison No. 6, Nghe An province. I left home (in Hanoi) at 9PM the day before (March 11), which means twenty three hours on the road to see and talk to Bách through a glass pane for one hour, and to bring him the 5kg of dried vegetarian food allowed by the Vietnamese authorities, vital for his survival.

This letter is going to be short, because there is no amelioration to Bách’s detention situation to report. It has gotten even worse, so bad that I have been feeling suffocated from anxiety for Bách’s health and safety, as the prison seemed to increase their policy of deprivation of food by not handing over the 6kg of food I sent Bách per post on Feb 28.

This food parcel was the only nutrition source Bách would get for the last 2 weeks, as he depends entirely on his family’s supplies to eat vegetarian and safe food. In his last phone call on Feb. 2, Bach had already informed me that he was running out of food.

VN Post recorded that parcel 475790 (sent by me on Feb 28) was delivered on March 4 at 9:25:33 to a prison warden named San. But the parcel never reached Bách, and my husband was left without food for the last 2 weeks.

“Every two or three days, the canteen sold me something,” Bách said, “and my teeth are getting loose.”

Bách would like to thank —

–Ms. Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr. Clément Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association.; Mr. David Boyd, Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; Mr. Marcos A. Orellana, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes; Ms. Priya Gopalan (Chair-Rapporteur), Mr. Matthew Gillett (Vice-Chair on Communications), Ms. Ganna Yudkivska (Vice-Chair on Follow-Up), Ms. Miriam Estrada-Castillo, and Mr. Mumba Malila – Working Group on arbitrary detention,

for urging the Government of Viet Nam to stop targeting, convicting, and mistreating him

  –Chairman Cardin for mentioning him and calling for his release in the Truth to Power series of the US Senate Foreign Relations Committee SFRC.

As last week Vietnam and Vanuatu sought advice from the International Court of Justice (ICJ) on national climate change obligations, Bách puts his trust in the wisdom and farsightedness of his friends and colleagues to monitor Vietnam’s national commitment on climate change issue.

Bách would like to wish you all endurance, peace of mind, and harmony.

Yours faithfully,

Tran Phuong Thao (Mrs)

The regional Court of Appeal in Battambang province on Thursday questioned three villagers from around Angkor Wat in Siem Reap, who were accused of incitement for allegedly posting an Apsara National Authority notice on social media.

Last year, Apsara authority filed a complaint against three residents Luy Socheat, Phan Salin and Sok Pov for incitement for allegedly posting the notice on the removal of illegal structures in Ampil commune’s Bakorng village last year. The three also urged other villagers to join a protest.

Some 100 villagers traveled by bus to the regional Appeal Court to protest on Thursday, calling court officials to drop all charges against three residents in Bakorng district.

The case against the three is an appeal by Apsara authority after a decision to hold their case by Siem Reap provincial deputy prosecutor Lay Nisay on November 30, according to the court warrant obtained by CamboJA. But, the court did not reveal a specific reason.

Sok Pov told CamboJA that prosecutor Kong Chamkhemrin questioned him regarding the information posted on Facebook in relation to Apsara authory’s notice to remove illegal structures of villagers.

“The court allowed us to return home after questioning, and he [Kong Chankhemrin] said [we] don’t need to be worried about an arrest,” he said. “I didn’t commit what they [Apsara authority] accused me of because I shared the information.”

Battambang Court of Appeal spokesperson Teang Sambo confirmed that three villages were questioned for incitement at the court but declined to comment further. She asked that questions be referred to the spokesperson for prosecutor Ream Chanmony. However, the spokesperson declined to comment.

Chea Kosal, one of villagers who came to support the three, said the accusation by Apsara authority is “unreasonable” as they had only shared information, which is not the same as incitement.

“The accusation is unfair because sharing information isn’t an offense. We are angry, which is why we have come here to support them,” Kosal said.

He called on the Battambang Court of Appeal to uphold the provincial court decision, which had correctly decided to hold the case.

Local NGO Licadho rights supervisor In Kongchet expressed disappointment that Apsara authority took the case to a higher level after the provincial court’s decision.

“They are not guilty of posting the notification letters of Apsara National Authority. It is like sharing information to their community, so it’s not an offense [or] did not commit a felony,” he said.

“[If] Apsara authority continues to sue them, it will cause them to live in fear due to the court process,” Konchet said. “It also affects their livelihood as they have to travel to court.”

He urged Apsara authority to stop suing the villagers and consider settling the issue.

Apsara National Authority deputy director-general Long Kosal could not be reached for comment.

Samrong Tbong Community members this morning reported injuries stemming from an altercation with authorities over the filling-in of the Boeung Tamok lake area in Phnom Penh. The lake has been parcelled off by the state and given away to politically connected institutions and individuals over the past several years.

Members of Samrong Tbong Community gathered at the area yesterday and this morning to protest the state’s excavation of the community’s land. Community members are facing legal complaints in at least four cases that have been opened since 2022 due to their land activism.

The most recent flare-up of the long-running conflict began yesterday, when three excavators accompanied by around 10 security guards were used to attempt to begin clearing land occupied by the community. Community members gathered and halted the work, after which police officers arrived to observe the community. The clearing resumed this morning with a far heavier police presence, as around 200 authorities – including around 50 police officers and the deputy governor of Khan Praek Pnov – arrived at the site to oversee the clearing. Around 100 community members gathered in the area to protest, who were photographed and filmed by police and plainclothes authorities.

Community members reported that at least one child and two women, one of whom is pregnant, were injured as a result of today’s altercation. Some people were sent to a nearby hospital for treatment, while other community members reported being forced to leave the area of the dispute.

This week’s clash followed a notice dated 18 February 2024 from the Praek Pnov district administration, which claimed that the disputed land is state land and instructed community members to cease residential activities and co-operate with the land clearing.

The Samrong Tbong Community and its 76 households have been settled in their current area since 1996. The community has long been at risk of losing their land as the government has parcelled off Boeung Tamok lake to private companies and individuals. So far, the government has given away around 80 parcels of land atop the lake, covering nearly 75% of the total area of what was once the capital’s largest lake.

The East Kalimantan Police have temporarily suspended the detention of nine citizens who were arrested for halting the opening of land for the Capital City of Indonesia project (IKN). The citizens can continue the land verification process and legal proceedings will still proceed.

"The nine perpetrators have received a suspension of detention, but the legal process continues," said Head of Public Relations Department of East Kalimantan Regional Police, Commissioner Artanto, on Sunday (3/3/2024).

The suspension of detention was carried out on Friday (1/3/2024). The nine citizens have already been declared as suspects by the police. Therefore, the legal process for the citizens continues at the East Kalimantan Regional Police.

Previously, the residents were reported by workers at the Very Very Important Person (VVIP) IKN Airport project. According to the police report, nine residents halted the activity of workers who were clearing land for the VVIP IKN Airport project.

Residents say that the land is their cultivation area, namely Saloloang Farmer Group. Therefore, they request that the land not be opened before there is a scheduled land verification by the government.

However, the project workers ultimately reported the residents to the police. The police arrested the residents because they were deemed to have made threats and carried sharp weapons such as machetes or mandau while halting the land clearing activity.

Residents have been detained and interrogated by police since February 24, 2024. "Those who requested a postponement of detention (nine residents) were Penajam Paser Utara Acting Regent, Makmur Marbun," said Artanto.

Head of Public Relations and Protocol Division of PPU Regency Secretary Hendro Susilo stated that as a guarantee to the citizens, Acting Regent of PPU sent a written letter to the Kaltim Regional Police. He added that the PPU Regency Government hopes that the issue faced by the citizens will not reoccur, especially in the construction site location of the IKN VVIP Airport.

"Meaning, convey the existing issues to the authorized party related to this matter, including to the Acting Regent of PPU who is also the Chairman of the Agrarian Reform Team of PPU District," said Hendro.

Land verification is underway Before the suspension of land opening, the suspects and 22 other residents accompanied by the Development Policy Assistance Network (JPKP). Assistance was provided in managing their land recognition, but also as a point for the development of the IKN VVIP Airport.

The Chairman of JPKP, Maret Samuel Sueken, said that land verification is the process of proving whether citizens have the right to crops or land based on evidence. Residents claim that their land is ancestral land that has been cultivated since 1965.

Residents have a legal claim to the land in the form of a seal and permission to cultivate the land. Maret stated that residents will also prove that they manage the land by showing the existence of plants and trees that they have planted.

According to him, residents halted the opening of land in the IKN VVIP Airport to prevent the removal of evidence of crops that had already been planted by locals. This is because the residents have already received a schedule for verifying their land.

When stopping the activity, the residents did indeed carry a kind of machete and machete on their waist. However, Maret said, those were tools that the villagers brought when farming. "It's called the land needs verification, residents clean the road to their garden. So they use machetes and the like for that," said Maret.

The nine detained individuals, according to Maret, are both heads of families and land managers. As such, this detention suspension could assist the land verification process more optimally. "The land verification process is still ongoing," he said.

The Phnom Penh Appeal Court this morning upheld the 2021 decision of the Kampong Chhnang Provincial Court convicting three Lor Peang Community members of “obstruction of public official” and “intentionally causing damage” as part of a long-running land conflict. The three community members are Nhem Nhuen (also known as Snguon Nhuen), Reach Seima and Pul Sorn.

Lor Peang Community has resisted community members’ land being encroached by KDC International, a company owned by Chea Kheng, the wife of former Minister of Mines and Energy Suy Sem. The charges stem from an incident in 2013, when KDC International began establishing borders over the disputed land in Kampong Chhnang province. Members of Lor Peang Community arrived at the site to protest, during which a temporary security guard hut was destroyed.

Almost eight years later, the provincial court convicted the three Lor Peang Community members under Articles 503 and 410 of the Criminal Code. All received suspended sentences of 2 years and 6 months and were ordered to pay compensation of 2.8 million riel (approximately US$700), a decision that was today upheld by the Appeal Court.

None of the three community members were ordered to pre-trial detention pending final appeal. One of the defendants, Pul Sorn, has since died.

Four indigenous Kuy residents of M’lou Prey II commune, Chheb district, have been summoned by the Preah Vihear provincial court for questioning on the obstruction of the company’s development, and inciting people to illegally occupy state land.

Last week, three villagers of M’lou Prey II commune were assaulted in a land dispute. The indigenous community is seeking justice from the authority following the assault by the group believed to be sugarcane plantation workers.

Four days after the conflict on February 11, M’lou Prey II community representative, Seun Tha, 31, received the summons issued by the commune police. Tha said he is very disappointed, noting that indigenous people are the victims as they lost their land and survive on low incomes.

In the summons reviewed by CamboJA, four community representatives will be questioned by Preah Vihear court prosecutor on February 27. The summons states that the court will question them for allegedly obstructing the company’s work and for inciting people to illegally occupy state land on January 16, 2024.

The summons did not name the company but people believe that it is the Chinese company which was granted land for development from the​ government in 2011.

Tha called it an injustice against indigenous peoples, who often suffered abuse by those in power, and the law. He hopes the government will reconsider the plight of indigenous people and that the court would render them justice.

“It is very unfair for indigenous people like us. We just cultivated our land and now we are being issued a summons,” Tha said. “I hope the court will drop the charges against the three of us and other community representatives.”

Nop Vuthy, spokesperson of Preah Vihear province, told CamboJA that the company was suing them, and claimed that the provincial authorities had tried several times to resolve the case out of court. However, the case was beyond the jurisdiction of the provincial authorities, he added.

“We mediated out of court, but now the company sued them. This case is not under the control of the local authorities,” Vuthy said.

Another community member, who is also a Kuy native, Pean Sophat, said they did nothing wrong as the people came to cultivate their land, not the company land.

“We oppose [the summons] because the land that the company is developing is not state land, it is our land which we have been cultivating for a long time,” he added.

The national policy on indigenous peoples’ development in 2009 recognizes the rights of indigenous peoples to land, traditions, culture and customs. The 2001 Land Law recognizes the rights of indigenous communities to their collective use of land.

Although Cambodia has a policy of recognizing the rights of indigenous peoples, there is little protection for their interests. Since 2001, only around five indigenous communities have received collective title deeds.

Preah Vihear provincial court spokesperson, Chum Kaniya could not be reached for comment.

The Tbong Khmum Appeal Court yesterday suspended a two-year prison sentence given to four Srae Prang Community members, who were accused of intentional damage for blocking a private company from clearing their land.

The four community members are part of group of nine defendants who are alleged to have blocked machinery belonging to Harmony Win Investment Co. Ltd. from clearing their land in 2017 and 2020. They were convicted of intentional damage and sentenced to two years in prison in 2021 by a provincial court. The Tbong Khmum Appeal Court upheld the verdict in 2022, but the Supreme Court sent the case back to the appeal court in August 2023.

On Thursday 15 February 2024, the appeal court upheld the sentences of the four community members and suspended their two-year prison sentences. The community members are Chhork Chhey, Khem Sokcheang, Pum Pich and Veun Ver.

Srae Prang Community in Tbong Khmum has fought a decade-long dispute over their community farmland with Harmony Win Investment, which is a Chinese-owned rubber company. The company has routinely blocked village residents’ access to their farmland and cleared it, leading to frequent protests from community members.

Kuy indigenous community in Bos Village and Preus Ka’ak Village, M’lou Prey II Commune, Chheb District in Preah Vihear Province urge the authorities to help them seek justice after being allegedly assaulted by a group of men. The villagers suspect they are sugarcane plantation workers who destroyed their farmland.

Community representative, Pean Sophat, told CamboJA that on February 11, 2024, villagers came together to stop three tractors known to belong to local Chheang Kong Nov from plowing the area which the villagers had long cultivated.

Sophat said when they arrived at construction site 11 to meet Kong Nov, his people allegedly closed the gate and assaulted the villagers. Three villagers were injured.

Another villager, Soeun Tha, a 30-year-old indigenous man, said Kong Nov “always” plows people’s land, so this was not the first time. Hence, the reason behind the villagers’ decision to stop the activity and get answers. Instead, Kong Nov’s team used violence on the villagers.

“When we arrived at the site, he ordered his team to close the door and use violence against us. He grabbed another villager’s collar and also beat three people,” Tha recounted.

According to Tha, the government allocated the land that was cultivated by the villagers to a Chinese firm in 2011. When the Chinese company collapsed in 2019, the locals continued to cultivate on the land again, they are planting potatoes and rice. But recently, a group of men with Kong Nov started plowing the land to plant potatoes and abused villagers.

“It is wrong and unfair, and the authorities in the province are not making any effort to help us,” said Tha.

In January, five Chinese companies signed 50-year lease contracts over the state land. The Cambodia-registered companies plan to operate sugarcane plantations and other agro-industrial crops on the land measuring 20,179 hectares in total.

However, Tha said those who came did not have a permit or a letter to prove that they had permission to clear the land.

The villagers are not interested in opposing the company, he added. “We just want to negotiate a solution because we have been farming on the land for a long time.”

Chief of M’lou Prey II commune Kan Sovankea told CamboJA that the local authority was aware of the matter, adding that it would be transferred to the district authority for intervention. He could not resolve the issue as it is “beyond his capacity”.

He explained that the people from his commune have been farming on the company’s land known as Hengfu group although the latter stopped planting in 2019. But, he did not know the exact number of families who had been doing that.

“Now I mediate for them [with Kong Nov]. In fact, the villagers have planted crops on the company land and want to continue to do more,” said Sovankea.

​The villagers have filed a police report following the attack, said 37-year-old Nab Noeun, adding that they asked the commune authorities to help secure justice for those with land but are now “disturbed by unidentified people”.

“I have filed a complaint but I don’t know the outcome yet. It is unfair because our land has been used for a long time. There are plants there but they have come to plow and destroy our crops,” she added.

While the villagers do not know who the person was, she believed that there must be a “powerful person” behind the attack, as they dared to harm them.

“Maybe there was someone behind him. If not, he would never have dared to do so and the authorities are still silent,” she said.

There are 14 ethnic groups and 155 indigenous communities in Cambodia, according to a study on the demographic and socioeconomic state of indigenous peoples in the country published in 2021 by the Ministry of Planning and the Ministry of Rural Development.

A new code of environment and natural resources was enacted by the National Assembly in June 2023.

Another resident, Khat Sisophan, hoped that the government would stop giving away land used by the people to plant their crops to private companies, while asking them to withdraw the land from Rui Feng chinese sugarcane company.

He said villagers need farmlands to support their families as their livelihoods are in dire condition and they are in debt.

“The people of this village are facing difficulties and aren’t happy nowadays. It is not fair [that land is being privatized for companies].

“I want to see the new government reform the law and respect human rights, including those who live in remote areas, like us. Without farmlands, we would not be able to live comfortably,” Sisophan said.

Deputy Provincial Governor of Preah Vihear Province Nop Vuthy urged people to file a complaint with the authorities with regards to the violence. That is, “as long as they have evidence,” Vuthy told CamboJA.

He said Preah Vihear provincial authorities made a contract with villagers to “make them understand” that the land had been given to private companies.

The contract also mentioned that they should “stop planting on the investment land” but, “every year and every season”, villagers continue to grow crops on the land.

“We have given it to Chinese companies,” Vuthy said. “[Villagers] always say [it’s their land]. Obviously it’s not like that. The land is already registered as a state land.

“Now, we have a state land commission. We’re investigating the history of the land, whether they really own the land and if they have adequate documents. The provincial authority will take action accordingly.”

According to Article 25 of the Land Law, indigenous community land consists of lands where communities have established settlements and engaged in traditional agriculture. The lands are not only those regularly cultivated, but also those which are reserved for seasonal farming and are recognized by the administrative authorities.

Poek Sophorn, executive director of Ponlok Khmer, said the authorities should help the indigenous people acquire justice and calm the situation as they have been cultivating the land for a long time.

Indigenous communities are protected by the law and possess the right to access land.

“But the authorities don’t seem to care much about the people’s rights and they might lose their right to the land.

“Why not help them to register their land? At least help them secure land ownership for private use, this would be fairer,” said Sophorn.

A court in Vietnam’s Soc Trang province has sentenced an ethnic Khmer Krom man to three-and-a-half years in prison for “abusing democratic freedoms” under Article 331 of the country’s criminal code, state-controlled media reported.

Prosecutors said Wednesday that Danh Minh Quang, 34, used his personal Facebook account to post comments and live-stream videos which “violated Vietnam laws.”

Quang set up the account in Dec. 2018 and the prosecution claimed that from 2021 to July 2023 there were 51 comments, photos and videos that had “contents that were negative, propaganda and distorted realities for defaming the honor and dignity of State officials.”

Quang was arrested by Soc Trang Provincial Police on July 31, 2023 along with Thach Chuong and To Hoang Chuong.

All three were prosecuted on charges of “abusing democratic freedoms to infringe on State interests, legitimate rights and interests of organizations and individuals.”

Phil Robertson, deputy Asia director of Human Rights Watch , called for authorities to drop all charges against Quang and immediately release him.

“The government of Soc Trang province shamelessly trampled on the right of freedom of expression and retaliated against a citizen for simply stating his politically independent views on social media,” Robertson said in a statement on Feb. 11.

“The National Assembly of Vietnam should urgently amend the penal code and repeal rights-abused articles, including Aticle 331, which is systematically being used by the Vietnamese government to violate rights of ordinary people across the country,” he said.

Nearly 1.3-million Khmer Krom live in a part of Vietnam that was once southeastern Cambodia. They have faced serious restrictions on freedom of expression, assembly and movement.

In August last year, community members living in the U.S. organized a demonstration in front of the Vietnamese Embassy in Washington DC to protest the policy of oppressing the Khmer Krom people and demanding the release of the three men.

On 7 February 2024, provincial courts convicted two well-known activists in separate cases, continuing the trend of judicial harassment against human rights advocates in Cambodia.

The Ratanakiri Provincial Court earlier today announced its verdict convicting environmental activist Chhorn Phalla of defamation, insult and incitement to commit a felony under Articles 305, 502 and 495 of the Cambodian Criminal Code. The court sentenced Phalla to one year in prison and imposed a 10 million riel (around US$2,500) fine.

Phalla is an outspoken environmental activist who has been repeatedly prosecuted for his advocacy for the protection of natural resources and monitoring of deforestation. Phalla had been imprisoned since September 2021 for criminal charges arising from two other separate cases. Both cases were also based on his activism. Phalla was finally released from prison in October 2023 after his convictions in the other two cases were overturned, only to be again convicted today.

The Banteay Meanchey Provincial Court also today announced a verdict convicting political opposition official Chao Veasna of incitement to commit a felony and incitement to discriminate under Articles 494, 495 and 496 of the Cambodian Criminal Code. It is unclear at this time which person or group of people Veasna was found to have discriminated against contrary to the Criminal Code.

The court sentenced Veasna to three years in prison, imposed a 6 million riel (around US$1,500) fine, and ordered Veasna to pay 80 million riel (around US$20,000) in compensation. The court also suspended Veasna’s right to vote and his right to stand for election for five years.

Veasna, a Steering Committee member of the opposition Candlelight Party and Poipet District President, was arrested in July 2023 after allegedly posting a photograph of his spoiled National Election ballot on social media. This arrest came shortly after Veasna was released from Correctional Centre 3 (also known as Trapeang Phlong prison) in February 2022, having served a five-year sentence for multiple other convictions related to the exercise of his political rights. Veasna was at that time an elected commune chief and member of the former opposition Cambodia National Rescue Party (CNRP).

Activist Trinh Dinh Hoa reported to Project88 that he was abducted on Jan. 30 and interrogated for hours by Hanoi police. Three days earlier, while on his delivery route near the Ministry of Public Security, Hoa saw a large group of land rights protesters and stopped to take some photos, which he later posted on social media. On the day he was abducted, he got a delivery order to an address next to the police station of Buoi Ward. As soon as he got there, he was allegedly forced by a group of non-uniformed police into the station for questioning. Hoa was kept there from 11:30 a.m. until 2 p.m. The police focused their questioning on three videos he had posted about police abuse in 2016, the BOT protests in 2018, and a public gathering near Ho Chi Minh’s tomb in 2021. Before releasing Hoa, they asked him to sign an affidavit admitting that the Facebook account “Hoa DT” belonged to him, which he refused to do.

Trinh Dinh Hoa became an activist in 2015 when he participated in a memorial for soldiers killed by the Chinese Navy at Johnson Reef in 1988. In 2016, he joined protests for protection of trees in Hanoi and later against the Formosa environmental disaster. Then in 2018, he became actively involved in the nationwide protests against the proposed Cybersecurity Law. During those years, Hoa also attended–or tried to attend–the trials of other activists. In 2017, he was beaten by police and had his ID card and phone confiscated outside the courthouse where Tran Thi Nga was sentenced to eight years in prison for disseminating “anti-state propaganda.” During the Dong Tam trials in 2019, his home was monitored by police for an entire week. Hoa also participated in the translating of two books – one about the Formosa incident and the other about anti-democratic elections in Vietnam. Since 2019, however, Hoa has remained low-key and works as a deliveryman for a restaurant in Hanoi.

Six Lao residents were arrested on charges related to their roles in connection to a multi-day protest against a government seizure of their land, which protesters told Radio Free Asia was the latest example of government corruption.

Four of the arrested residents, all men, were part of a group of about 20 protesters from Xang village in northern Laos’ Xieng Khouang province, who gathered on Tuesday morning to rally against their land being given to a wood processing company, a protester who requested anonymity for security reasons, told RFA Lao.

They were arrested on the second day of the protest.

When two women, members of the village’s Women’s Union, went to visit the arrested men and bring them food, they too were arrested, he said.

Sketchy title

The land grab is illegal because the Phengxay Import-Export Company bribed corrupt officials to make a fake land title on their land, the protester said.

A resident of the village told RFA that the land had been a part of the village for generations and had become a historical and cultural site for the community.

In a video clip published on social media, one of the protesters explained the situation.

“Right now, nobody can help us. Earlier, we relied on the district authorities to help us, but they wouldn’t,” he said. “Therefore, we gathered together today to call on other authorities to enforce the law, respect our rights, and to help us, who have been taken advantage of by this company.”

These protesters explained that the Phengxay Import-Export Company leased about one hectare (2.47 acres) of land, then built a wood processing factory on it for use in a ten-year lease between 2008 and 2018.

They extended the lease for five years from 2018 to 2023, meaning the lease has expired as of August 2023.

Later last year, the villagers wrote a letter to the Khoun District authorities asking for the land back.

It was then that they learned that the company possessed a land title issued by the district authorities.

Crowd dispersed

A witness to the arrest explained what he saw, saying, “The protest stopped after the police took away some protesters, which included members of the village authority,” he said. “I don’t know exactly how many and where they took those protesters to.”

A Xieng Khouang province official declined to discuss the protest or the arrests, only saying that the relevant officials were meeting to try to solve the conflict.

When RFA contacted a member of the Xieng Khouang Inspection Authority, that person said that the relevant officials were in a meeting discussing this matter at that time, and requested a call back in one day for more information.

Hundreds of Siem Reap residents marched to the provincial hall this morning to submit a petition asking for intervention from the national government and UNESCO to stop newly enforced restrictions on buildings and repairs implemented by the APSARA Authority, the government agency which oversees the Angkor Archaeological Park.

Around 500 people from Puok district’s Khnat commune and Siem Reap city’s Tuek Vil commune marched with banners to Siem Reap Provincial Hall to submit a petition asking Prime Minister Hun Manet, former Prime Minister Hun Sen, and the United Nations agency UNESCO to stop APSARA from causing fear and preventing any new construction or renovations in Khnat commune, which the petition says is very far from the Angkor structure.

The residents were temporarily blocked by around 20 military police and Puok district governor Sin Chanthol, who wanted only 4 to 5 people to submit the petition, but villagers refused and continued their march to the provincial hall, reaching the hall’s main entrance with their banners. One of the banners held by a community member said, “We must not allow the Apsara Authority to continue to oppress our community.”

The petition, which was accepted by Siem Reap Governor Prak Sophoan, also reads, “From this day forward, we do not recognise APSARA authority, and in addition, all of us do not allow APSARA to come manage us anymore.” Residents left the provincial hall after submitting the petition.

The Apsara Authority, in conjunction with various government ministries, have overseen the mass eviction of at least ten thousand people living in the Angkor Archaeological Park since 2022, relocating them to underdeveloped and inadequate relocation sites where families are provided little to no services or employment opportunities.

The government claims the evictions have been spurred by UNESCO and has said that UNESCO spoke of revoking the temple complex’s heritage status if park residents were allowed to remain on the site. UNESCO has claimed in response to research published by Amnesty International that it has not called for “population displacements,” but also did not acknowledge the government's actions as forced evictions.

The coordinator of the Batui shrimp farming community, Febriyanto Hado alias Ale, was arrested in the middle of the night at around 23.00 Wita by several members of the Banggai police. Friday, January 5, 2024.

The arrest was suspected of criminalization. The reason is, previously Ale and dozens of residents of the former Batui shrimp pond owners held a demonstration at the Banggai Regent's Office.

Ale is one of dozens of former shrimp farm owners who are fighting for their ancestral land.

In the arrest warrant number: Sp.Kap/63/Res.1.24./2024/Reskrim by the Banggai Police, Febriyanto Hado alias Ale is suspected of making threats pursuant to Article 355 of the Criminal Code at the location of the former shrimp ponds in Sisipan Village, Batui District.

According to Jenie, Ale's wife, her husband only had a verbal argument with the company PT Matra Arona Banggai. This was because the company continued to carry out activities on residents' land even though they had signed a statement that they would remove the equipment from residents' land.

"According to my husband, he only asked the company not to carry out activities because the manager promised not to carry out activities until there was a settlement, but after returning from the demonstration around 11 o'clock, my husband returned home and was intercepted in front of the house and immediately taken to the Banggai Police," said Jenie.

It is known that this is not the first time Ale has been questioned. Previously, the company reported Ale with three different cases, including document forgery, creating a people's resistance portal and being accused of threatening.

For this arrest, students and the community who are members of the alliance will hold a demonstration at the Banggai Police Station and write an official letter to the President, National Police Commission, National Human Rights Commission, Presidential Staff Office and Menkopolhukam.

"It is the umpteenth time, the criminalization of former shrimp pond farmers was carried out by the company. We on behalf of the Alliance of Students and Communities, in the near future, will officially write to the President of the Republic of Indonesia, National Police, National Human Rights Commission, Presidential Staff Office and Menkopolhukam," said Rifat Hakim.