Bridges Across Borders Southeast Asia and Housing Rights Task Force
Condemn Illegal Filling of Boeung Kak Lake
 On Tuesday August 26th contractors for Shukaku Inc., a private company chaired by powerful CPP Senator Lao Meng Khin, began construction on a controversial development project by pumping sand into Phnom Penh’s largest natural lake – Boeung Kak. Local residents reported being told by Shukaku contractors, that the pumping would continue eighteen hours a day until all but 10% of the lake is filled.
The filling of the lake is a direct result of a $79 million contract, approved by the Phnom Penh Municipality in February 2007, which enables Shukaku Inc. to develop a 133-hectare commercial property on the lake and its surrounding land. As a result of this development, over 4,000 families are facing eviction from their homes and the loss of the land that has provided the residents a sustainable livelihood in the city for the past 30 years. If this development goes forward without the agreement of the Boeung Kak residents it will be the largest forced eviction in Cambodia since the Khmer Rouge evacuated Phnom Penh in 1975.
In an act of solidarity on Wednesday, the Boeung Kak community members held a press conference at NGO Forum to publicly request the Municipality halt destruction of the lake until an agreement between the parties can be made. In a room overflowing with reporters, community leaders and residents, a plea was made for proper consultation with the community on plans for the development, consideration for market price compensation or agreeable resettlement terms for the residents, and access to the Environmental Impact Assessment (EIA) conducted by the Ministry of the Environment (MoE) that has yet to be released to the public.
With support from their lawyer and several non-governmental organizations, including Bridges Across Borders Southeast Asia, Boeung Kak community members are now preparing to challenge these illegal actions by filing for an injunction order in the Courts of Cambodia.
Boeung Kak Lake is historically one of the most important of seven natural lakes around Phnom Penh. It is not only a place of recreation and enjoyment for Phnom Penh’s residents, but it serves as a natural reservoir for excess rainwater during the monsoon season. The public function of the lake is clear and the Shukaku Inc. contract risks destroying that public function in violation of Cambodian Land Law.
The recent lake filling actions and the lease agreement itself stand in flagrant violation of several laws pertaining to restrictions on leasing or damaging State Public Land. In addition, the lease agreement appears to transfer interest in land that is already legally possessed by local families under the 2001 Land Law. While the lake itself is State Public Property, many surrounding families have demonstrated legal claims to their property through legal possession. The filling of the lake threatens to flood their houses and destroy their homes.
“Shukaku’s lease agreement is unlawful,” said David Pred, Cambodia Country Director of Bridges Across Borders Southeast Asia and member of the Housing Rights Task Force. “It does not provide any legal cover for the company to destroy this vital natural resource and to strip away the land and housing rights of tens of thousands of Cambodian citizens. It would never hold up in court in any country with an independent judiciary,” he added.
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