Saturday, October 8, 2011  We Are All Human Rights
Defenders<http://luonsovath.blogspot.com/2011/10/we-are-all-human-rights-defenders.html#more>

The next morning, Sovath woke at 4 a.m. He snuck quietly out of his pagoda,
undetected by police, and slipped into the village. He went door-to-door,
waking each family, until he had assembled a group of over 50 citizens - the
elderly, the young, even pregnant women and children. They set out across
the rice fields in the direction of the main road.

Sometimes the most effective defense of human rights begins with the
simplest of questions.
Published on May 9, 2010"Why can't I be here?"

"What law did I break?"

And sometimes, just: "Why?"

The latter was a question that the Venerable Luon Sovath began asking early
in life. The 32-year-old grew up in Cambodia's Siem Reap province and came
of age in the midst of Cambodia's vicious civil war. He witnessed horrific
violence as the Khmer Rouge attempted to regain control of the country.

Growing up, there was rarely a clear answer to the question "why?" The
violence was usually senseless; the injustice seemed systematic. Only two
things were certain: First, the war was tearing his family apart; each of
his 11 siblings had become entangled in the conflict. And second, he did not
want to join them.

So at age 15, Sovath took a different path: He became a monk. His choice
allowed him to escape harm during Cambodia's decades-long war, and instilled
the virtues of karma, reflection, and justice.

Today, Cambodia's guns are mostly silent, but another battle rages: The
fight over land rights. Since 2004, over 250,000 Cambodians have been
victims of illegal government land seizures to make way for commercial
development, plantations, dams, and mining concessions.


The government provides its citizens no due process in these evictions, and
the use of military police to enforce them is common. The people benefiting
from land seizures are uniformly well-connected businessmen with the means
to call on virtually every state mechanism for support: high-ranking
government officials, courts, district and provincial officials, police and
soldiers.
The ideology behind Cambodia's current battle never sat well with Sovath's
Buddhist ideals. And ironically, the same vows that sheltered him from one
conflict would ultimately plunge him into another.

*The Chi Kreng Land Grab*
On March 22, 2009, Sovath got a panicked phone call. There was trouble in
his home village in Siem Reap's Chi Kreng district. The government had
recently awarded all village farmland to a politically-connected company and
they wanted to bulldoze the site. Nearly 100 military and police forces were
moving in to enforce the order, accompanied by the Siem Reap prosecutor, the
deputy provincial governor, and other high-ranking officials.

Some 80 unarmed villagers emerged to protest. Although they did not have
titles to the land, they had lived there since the 1980s, which under
Cambodia law entitled them to the right of ownership.

But the authorities weren't there to listen. Instead, they opened fire.

Three villagers were wounded, including Sovath's brother and nephew.
Forty-three others were detained by police for questioning and forced to
thumbprint documents forfeiting their land. Later that evening, 34 out of
the 43 villagers were released, but nine villagers were detained and charged
with robbery and physical assault. Two more were arrested at a later date.
The charges stemmed from a complaint by two businessmen who claimed
ownership of the land. The pair alleged that the land belonged to them now,
and that the villagers had illegally harvested rice from the land - rice
that the villagers had grown with their own hands.

The village's farmland was subsequently confiscated. The shooting
investigation, meanwhile, was a whitewash. The government claimed that the
shooters acted in self-defense.

Sovath arrived in time to film the aftermath, and to collect video from
other villagers who had captured the shooting itself. But there was little
else he could do. Or so it seemed.

*Multimedia monk*
A police officer came to question Sovath the next day. He was direct with
his request: The police wanted his videos.

Sovath did not flinch. If one feature defines his activism, it is the almost
childlike frankness with which he confronts authorities. The Asia Sentinel1
reported the following exchange:

"What law did I break?" He asked the officer.

The officer fell silent.

"If you want to borrow it you can," Sovath continued. "But if you want to
take it you can't."

The officer left empty-handed, but more police visits followed. A second
officer suggested that the military might storm his pagoda and seize the
videos. On the third visit, after more threats, Sovath finally agreed to
turn over the videos. But by then he had already distributed it to all of
the major human-rights nongovernmental organizations (NGOs) in Cambodia. The
contents caused a sensation: The video clearly contradicted the government's
claim that the police acted in self-defense2.

On April 2, 2009, facing increasing pressure from authorities, Sovath left
his pagoda for Onaloum Pagoda in Phnom Penh. He brought 100 villagers with
him. "My heart was too heavy to remain in Siem Reap. I came here to try to
regain my peace of mind," he told Human Rights Watch last year3.
The authorities took swift notice. A week after moving the villagers to
Phnom Penh, an official from the Ministry of Cults and Religion arrived at
his pagoda. The government demanded that the villagers return to Siem Reap.

*The trial*
With their livelihoods shattered, the villagers were forced into survival
mode. Authorities had arrested strategically, targeting breadwinners and
activists. The goal was to break the villagers' will. Without no land to
farm and no men to work, the families were destitute.

It was a potentially explosive situation: People stripped of all they own,
with nothing to lose. Sovath wanted to channel their energy in another
direction.

On October 20, 2009, the trial date for nine defendants, Sovath went with
the villagers for a peaceful vigil outside the courtroom in Siem Reap.
Security was heavy, with approximately 150 military police armed with guns,
shields and electric batons. Their plan was to observe the trial, but the
public and families of detainees were barred from entering court.

As the morning progressed, police began harassing the villagers, accusing
them of disturbing the hearing. There were repeated demands to disburse.
Sovath filmed the scene as it developed.

Finally, authorities decided to target the ring-leader. Siem Reap governor
Sou Phearin called in the province's senior monk; he arrived at the
courthouse at 11 a.m. He confronted Sovath and forced him into a waiting car
with a government license plate. Sovath was taken to a nearby pagoda, where
he was interrogated by a group of his superiors, who accused him of inciting
the villagers to demonstrate. The monks threatened to disrobe Sovath, and
demanded that he sign a letter promising to cease further incitement. Sovath
refused.

"What law did I break?"

An hour later, he was released.

*The verdict*
Commune police continued to monitor the activities of NGO staff and
villagers following the trial. Sovath and the villagers, meanwhile, were
making plans for further action: They wanted to be at court on October 27,
2009, to hear the verdict.

By now, his interest in the case was drawing even greater scrutiny from the
authorities. The evening before the verdict, over 50 armed police surrounded
the village and Sovath's adjacent pagoda. The made a show of loading their
weapons. The message was clear: The villagers could not go to Siem Reap.
They stayed overnight to enforce the order, three of them inside Sovath's
house within the pagoda.

Then came more bad news: The trucks Sovath had hired for transported called
to say they were threatened by police. They couldn't come. Sovath called a
meeting with villagers and asked what should be done. They unanimously
decided they would wake early and walk. It was almost 90 kilometers, a
practically impossible task.

The next morning, Sovath woke at 4 a.m. He snuck quietly out of his pagoda,
undetected by police, and slipped into the village. He went door-to-door,
waking each family, until he had assembled a group of over 50 citizens - the
elderly, the young, even pregnant women and children. They set out across
the rice fields in the direction of the main road.

Two hours later, the police finally realized they had been duped. They set
out on motorbike to locate Sovath. They found him 10 kilometers away, just
short of the main road. A half dozen of them erected a makeshift roadblock
with their bikes. They were about 50 meters ahead of the group.

Sovath responded by turning his video camera on them. The group kept
marching.

"You are not allowed to go!" one officer yelled.

The group was now 20 meters from the police.

"Why?" Sovath said. "I have a right to go where I want."

Sovath now stood face to face with the angry officer. He reached out to
confiscate Sovath's camera.

"Don't record us," the officer said.

"Recording is also my right," Sovath replied. "I am recording the road. If
you don't want to be recorded, move away from the road."

As Sovath argued with police, the group managed to pass. One roadblock was
cleared, but there would be many more obstacles.

>From the roadside, Sovath called every taxi in Chi Kreng. They all refused
to come. They too had been threatened by police.

The group kept walking. The police followed, setting up roadblocks every 100
to 200 meters. Hitchhiking wasn't working - all of the drivers had been
warned. But finally a taxi stopped to pick up a portion of the group. It
took all of 100 meters before the police flagged it down. The driver was
detained and his keys confiscated. Sovath had to intervene in order to
convince police that it was his fault, not the driver's. Ultimately, the
entire taxi was forced to turn back in the other direction - back to where
it came from.

The group kept walking, but its ranks began to thin. Sovath hailed several
more taxis and trucks, but it was not until they had walked 20 kilometers
that they began to have any luck. The villagers broke into smaller groups
and took several trucks; some made it, some were turned back.

Sovath himself was finally picked up by NGO workers at about 10 a.m., after
walking some 30 kilometers. He did not arrive at the courthouse until almost
11 a.m. By then the verdict was three hours old: Two villagers had been
convicted on charges of assault and robbery, and sentenced to one year
imprisonment and a US$750 fine.

Seven were acquitted, but they would remain in prison pending fresh charges
and an appeal from the prosecutor. Such is the nature of the Cambodian
justice system.

Sovath, meanwhile, received a call from a superior: He was ordered back to
Phnom Penh immediately. Sovath said the request was impossible. He was too
busy.

"You're going to be jailed," replied the senior monk.

"Why?"

*The aftermath and current threat*
The Chi Kreng land grab wasn't unique - over a quarter-million Cambodians
have been similarly affected in the past five years. The difference was
Sovath's courageous and creative response, as well as his standing as a
monk.

At a time when Cambodia desperately needs a voice of justice and moral
authority, the country's clergy have been conspicuously silent, often
complicit. Sovath has acted at great risk to his personal safety. Critics of
the Cambodian government's policy are regularly intimidated, arrested,
imprisoned and sometimes killed.

The threat to Sovath is no different, despite his robes. In fact, he may
face an even greater threat, given his willingness to speak out, appear in
the media, and openly document abuses perpetrated by the authorities. Yet he
feels a personal responsibility toward the victims of the current land
crisis.

"When a monk intervenes," he says, "it carries weight."

Today, Sovath remains in Phnom Penh. He travels to Chi Kreng regularly - and
at great risk to his personal safety - to continue his work there among the
villagers and others. He has expanded his work to include visits with the
local NGO LICADHO to other victims of land-grabbing. His free time is
dedicated to producing videos documenting the human rights abuses he
witnesses.

Sovath also makes regular visits to Cambodia's prisons with LICADHO, where
he preaches to inmates the Buddhist virtues of patience, self-control,
compassion, and of course, justice. Many of the people he speaks to are
themselves victims of unlawful land-grabbing. His work is instrumental in
furthering LICADHO's mission of reaching out to victims of human rights
abuses.

He told Human Rights Watch that he laments the difficulties faced by
landless villages throughout Cambodia: "Now when farmers raise their voices
about loss of their land, they are threatened, jailed, or brought to court
and sued."

"The rich have collaborated with the powerful to take the land."

Original source of this statement for your reference:
http://www.licadho-cambodia.org/articles/20100509/111/index.html

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