CONTENTS

Objectives  

The Monitoring Section works toward a broader respect for human rights by promoting human rights as laid down in Cambodia's national laws and in international instruments, such as the Universal Declaration of Human Rights. The Monitoring Section aims to assist victims of human rights abuses in their search for justice and to bring an end to the impunity protecting human rights violators. By initiating investigations and legal advocacy, the Monitoring Section hopes to help guarantee the rights of the people of Cambodia.

Functions 

ADHOC's Monitoring Section monitors and investigates human rights violations and assists victims with legal advice. On average, the Monitoring Section handles three cases from each of the 22 provincial offices per month, which amounts to more than 700 new cases annually.            

Victims of human rights violations, or their families, bring most of these cases to the attention of ADHOC staff, although ADHOC also follows up cases reported by the media or other sources. The Monitoring Section operates through a network of local contacts in the provinces and districts, facilitating the link between those who need assistance and the staff of ADHOC.  

Monitoring Section staff members then investigate the cases. The local investigators compile relevant information, such as: the identities of the victims and the accused perpetrators, the events and circumstances that led up to the alleged abuses, and what actions, if any, have already been taken by the police, courts, or local officials.  

The Monitoring Section then files complaints with the court, the provincial authorities, or military commanders, depending on the case. ADHOC assists the victims with legal advice or with finding legal representation. The local contacts cooperate closely with the victims or the victims' families and follow up on the actions of the authorities to discourage government impunity. If a case shows no progress, ADHOC seeks assistance from the media and international NGOs through urgent appeal networks in order to put pressure on the authorities to address the case fairly.  

Accounts of the cases are brought to the Phnom Penh office during the monthly meeting and the progress of the cases is followed closely. The cases are classified and put into a database system, from which all statistics and reports are derived. Some of the classifications for the types of violations are: extra-judicial killings, physical assault, torture, illegal arrest, disappearances, detention, and land disputes. These statistics and the analysis derived from the information also play an important role in lobby and advocacy activities, as well as in education and training. 

Prison Monitoring 

ADHOC' s Monitoring staff also regularly visits the provincial and Phnom Penh prisons to check the living conditions of the prisoners. Prison directors and guards describe the resources they lack and the difficulties they face, in addition to providing statistical information. Prisoners and detainees are interviewed about the treatment they received upon arrest as well as while in prison. Allegations of prolonged pre-trial detention, unsatisfactory living conditions, and of torture are brought to the attention of the necessary authorities. ADHOC also provides legal counseling and assistance in finding a lawyer if necessary. For immediate relief, the staff assists in improving prisoners' health and living conditions by seeking additional food, supplies, and essential goods, like sleeping mats and mosquito nets.  

Land Disputes           

During the periods of major conflict, land rights were abolished or abandoned in Cambodia. Since 1991, the country has been trying to establish a free market in land to promote economic and agricultural development. This process has been difficult due to the confusion over previously held land titles, military occupation and use, and government possession and sales of land.            

The rural communities of Cambodia depend upon their land for farming rice, vegetables, and keeping animals. This type of subsistence farming support and feed much of Cambodia's poor population. Since Cambodia possesses enough land to also farm for export, allowing small farming operations to grow according to market demands is essential to promote the economic development of Cambodia as a nation.           

Unfortunately, families and communities who farm are sometimes evicted from their land. Government employees, including police and military workers, arrest farmers and remove them from their crops, claiming they own the land. Since the land is being bought and sold by the government without respect for titles or rights of ownership held by families farming on land for more than five years, hard-working civilians lose their homes, their food, and their livelihood. Moreover, If the land should come back into the possession of the farmers, it must then be re-cultivated, causing a delay in reaping the goods of the land.            

This type of illegal confiscation of property leads to violent and legally complicated land disputes. ADHOC has staff who solely investigate cases that involve land disputes. Legal advice is provided to the evictees and the staff lobbies the government to respect the laws and return the land. The right to ownership and to the protection of the laws and provisions of the Royal Government of Cambodia are rights which must be safeguarded. 

The Cambodian Human Rights Action Committee           

The Cambodian Human Rights Action Committee (CHRAC) is a coalition of 17 local Cambodian NGOs working in the field of human rights.  These organizations are:  ADHOC, CCPCR, CDP, CHHRA, CKIMHRDA, CWCC, GENEROUS, IDA, KID, KKKHRA, KKKHRDA, KSA, KYA, LAC , LICADHO, TASK FORCE, and VIGILANCE. All of the members of the Cambodian Human Rights Action Committee must be identified by the Ministry of the Interior as non-political organizations based on the type of work in which they are engaged. The coordinator of CHRAC is responsible for updating the mandate of the CHRAC to respond to the demands of victims of human rights abuses in Cambodia. The Cambodia Office of the United Nations High Commissioner for Human Rights takes part in the CHRAC as observer and occasionally assists the NGOs.  

In serious cases of human rights violations, ADHOC requests immediate help from the CHRAC to remove the victim from his/her environment and to bring swift action against the accused perpetrator. Also, financial assistance and legal assistance can be provided to the victims or their families through the CHRAC. Through this network of cooperation and support, CHRAC has been essential to preventing and punishing human rights abuses.   

A sub-committee of the CHRAC is the Investigation Committee, which works specifically to investigate human rights violations in dangerous places or involving especially dangerous events. The Investigation Committee is comprised of four local human rights NGOs: ADHOC, KKKHRA, LICADHO and VIGILANCE. 

Sample Cases 

Torture and Arrest without Warrant 

In October 1999, in Kompong Chhnang province, a student was standing outside a primary school, calling out to his friend. Three military men drove up to him and arrested him, using handcuffs and threatening him with their guns. They beat him severely causing serious injuries. The charges were: 1) he shouldn’t shout in the street, and 2) he shouldn’t wear military colors. After being beaten, the boy managed to escape and find his family. ADHOC notified the police, the court, and the military supervisor, but money was paid by the perpetrators to the prosecutor so no further action will be taken by the court. 

Land Dispute Case 

In February 2000, in Koh Kong province, a dispute arose between 33 farming families and a government authority.  Since 1990 the families had cleared the land of mines and forestry and were successfully farming the land. In 1998 they approached the commune authorities and received land titles to the land. The government authority then sold the same land to a military officer and a casino operator, although the land rightfully and legally belonged to the families of farmers. ADHOC received the complaint and brought it to the courts, eventually achieving a decision in favor of returning the land to the farmers. 

Rape Case 

In December 1999, in Kandal province, a drunken military officer raped an 11 year old girl. Some men saw him hurrying away from the scene and took him to the police station. While he was being questioned, the accused perpetrator's military group came to the police station and threatened to beat the policemen if they did not turn him loose. ADHOC informed the Chief Prosecutor of Kandal and the Ministry of Defense in order to have the military officers punished for threatening the police and for helping a fellow military officer escape justice for raping a young girl.