5 January 2010
By Kok Sap
Originally posted at: http://khamerlogue.wordpress.com
Cambodia 1993 Constitution article 39 states: Khmer citizens shall have the right to denounce, make complaints or file claims against any breach of the law by State and social organs or by members of such organs committed during the course of their duties. The settlement of complaints and claims shall reside under the competence of the courts.
In reference to recent incident in land dispute in Koh Kban commune, it is clear the right of land ownership and citizen right were violated by the state organ. In this case, the state organ is the Join Border Commission and Chantrea District authority. It diligently disputes and charges land owners with public property destruction for the removal of its illegally planted wooden posts on private land without individual owner knowledge and consent.
In the essence of law, the land owners shall have right to speak up and demand government explanation. It's a farce that such charges are brought up against the private land owners by the state organ. Obviously, the sate organ fails to abide and obey the law.
In addition, in the event that the state requires such land for purpose of governmental use, article 44 states: All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land. Legal private ownership shall be protected by law. The right to confiscate possessions from any person shall be exercised only in the public interest as provided for under law and shall require fair and just compensation in advance.
Within article 44 provision, individual citizen right and the property ownership is warranted the due respect and right of defense accordingly.
However, it appears the state organ has not only violated the law but misused the law to shield own malfeasance. It is the state organ that caused proof of burden and anguish which merited emotional reactionary from land owner. It fails its duty not to make aware of its premeditated intent which concerned the land owner right but fair compensation in advance too. Thus it appears the state organ acts in own behalf with no regard to the merit of the lawful and landowner right.
Up to date, the state organ has 3 people arrested and jailed. There will be other 3 are soon to be arrested. Despite its failure to follow the law, the state organ is pressing forward with public property destruction and incitement to disturb peace and order charges. Interestingly, the land owners are fell victims of the same constitutional law that obliges the state to regard and protect it.
Based on the proved and circumstantial evidences, the land is a private property belongs to the private citizen whose right is guaranteed by the law. Thus the state organ is undoubtedly culpable of its own negligence and failure to heed the spirit of the law.
This is very comical and a reminder of Cambodia still remains under Pol Pot regime influence which people is nothing to the state interest and its agent. Having seen this happened over and over in present regime, its constitutional law validity and jurisprudence seems in double jeopardy.
Indeed, in Cambodia, government agent is above and the abuser of the law.
tekchetkonkhmer@gmail.com
In reference to recent incident in land dispute in Koh Kban commune, it is clear the right of land ownership and citizen right were violated by the state organ. In this case, the state organ is the Join Border Commission and Chantrea District authority. It diligently disputes and charges land owners with public property destruction for the removal of its illegally planted wooden posts on private land without individual owner knowledge and consent.
In the essence of law, the land owners shall have right to speak up and demand government explanation. It's a farce that such charges are brought up against the private land owners by the state organ. Obviously, the sate organ fails to abide and obey the law.
In addition, in the event that the state requires such land for purpose of governmental use, article 44 states: All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land. Legal private ownership shall be protected by law. The right to confiscate possessions from any person shall be exercised only in the public interest as provided for under law and shall require fair and just compensation in advance.
Within article 44 provision, individual citizen right and the property ownership is warranted the due respect and right of defense accordingly.
However, it appears the state organ has not only violated the law but misused the law to shield own malfeasance. It is the state organ that caused proof of burden and anguish which merited emotional reactionary from land owner. It fails its duty not to make aware of its premeditated intent which concerned the land owner right but fair compensation in advance too. Thus it appears the state organ acts in own behalf with no regard to the merit of the lawful and landowner right.
Up to date, the state organ has 3 people arrested and jailed. There will be other 3 are soon to be arrested. Despite its failure to follow the law, the state organ is pressing forward with public property destruction and incitement to disturb peace and order charges. Interestingly, the land owners are fell victims of the same constitutional law that obliges the state to regard and protect it.
Based on the proved and circumstantial evidences, the land is a private property belongs to the private citizen whose right is guaranteed by the law. Thus the state organ is undoubtedly culpable of its own negligence and failure to heed the spirit of the law.
This is very comical and a reminder of Cambodia still remains under Pol Pot regime influence which people is nothing to the state interest and its agent. Having seen this happened over and over in present regime, its constitutional law validity and jurisprudence seems in double jeopardy.
Indeed, in Cambodia, government agent is above and the abuser of the law.
tekchetkonkhmer@gmail.com
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