Cambodia’s government should make public a proposed law aimed at
regulating the country’s labor movement, a rights group said Thursday,
amid concerns that it includes provisions for the suspension of unions
and for severely restricting their right to freedom of association.
Requests
from civil society to review the Law on Trade Unions, which Prime
Minister Hun Sen’s administration has pledged to adopt by the end of the
year, have so far been denied, the Cambodian Center for Human Rights
(CCHR) said in a briefing note.
Additionally, the group said,
recent reports of new unions being refused registration by the
authorities or having their registrations delayed constituted “a direct
attack on the right to freedom of association.”
Since December
last year, CCHR said it had documented six cases in which the
authorities have denied or delayed new union registration, or threatened
license revocation.
“It is evident that the right to freedom of
association is heavily stifled in Cambodia, exacerbated further by what
CCHR has documented as the increasing suppression of union registration
since December 2013 to date–either through denying or delaying new
registration, or through threats of license revocation,” it said.
“The
dire situation of freedom of association, particularly for unions, has
the potential to be made worse when compounded by the adoption of the
impending Law on Trade Unions, with its probable provisions for the
suspension of trade unions, which have been publically referred to by
[government] officials.”
Cambodian laws at present have
provisions protecting the right to freedom of association and allowing
workers the right to strike and engage in non-violent demonstrations.
But
only about one percent of the total workforce is unionized with the
vast majority of organized workers found in the garment industry, the
country’s top revenue earner.
A first draft of the Law on Trade
Unions was introduced by Hun Sen’s administration in 2011, but was
shelved after concerns that it would make unions vulnerable to
de-registration, presented barriers to prospective union leaders, and
allotted too much power to the government, among other factors.
But
CCHR said that the law was apparently submitted for review by the
Council of Ministers in late 2013 and the government intends to pass it
by the end of 2014.
In addition to wanting the draft law to be
made public and incorporate feedback from relevant stakeholders, CCHR
called on the government to “ensure union registrations are resumed
immediately and that registration requests are not further delayed.”
It
said that in particular, Cambodia’s garment sector “is plagued by
widespread disregard for and violations of the right to freedom of
association.”
Myriad problemsCCHR said that in the
past several years, Cambodia had increasingly been seen as a dangerous
place for trade unionists, who are frequently met with violence and
arrest for their activities, while strikes and protests led by unions
are often dispersed violently by authorities, including through the use
of gunfire.
Union workers and representatives are regularly
sacked or targeted with legal action by factories as a result of their
activities, the group said, while the government has threatened unions
that they will have their licenses suspended or cancelled if they
participate in further strikes.
Additionally, CCHR expressed
concern over incidents of union leaders receiving death threats or even
being killed as a result of their union activities.
CCHR said
that businesses in Cambodia have made attempts to end the right to
unionize, while some factories have even refused to receive
notifications for union formation, producing lengthy delays.
The
situation for the country’s civil servants—many of whom earn “unlivable
wages”—is even worse than it is for general workers, as they lack the
freedom to form unions to protect their rights and increase their wages,
it said.
Reactions to briefing noteResponding to
CCHR’s briefing note Thursday, Ath Thon, head of the Coalition of
Cambodian Apparel Workers Democratic Union (CCAWDU) said that
independent garment unions endure difficulties operating, and even
registering with the Ministry of Labor.
“The CCHR report reflects the truth,” he told RFA’s Khmer Service.
“In
general, we are facing huge problems in doing our jobs … Employers use
their money and power to routinely pressure the unions,” he said.Ath Thon also expressed concerns over the draft Law on Trade Unions, which he said would whittle away at union rights.“The
government must ensure that the draft law complies with international
standards … [and] should hold more discussions, including with the ILO.”
Phay
Siphan, spokesman for the Council of Ministers, claimed Thursday that
international nongovernmental organizations had been consulted on the
draft law.“Cambodian laws do not only follow Cambodia standards—we always take international law into account,” he said.“International NGOs have participated in the draft law.”
Garment strikeMeanwhile,
a group of eight garment unions was set to launch a nationwide
stay-at-home strike Thursday following the end of Khmer New Year
celebrations a day earlier, to demand a higher minimum wage in the
sector as well as the release of 21 protesters imprisoned following a
January strike.A violent police crackdown on the strike by
garment and footwear workers n the outskirts of the capital Phnom Penh
left five people dead and wounded nearly 40 others.
According to a report Thursday by the
Cambodia Daily,
the unions have been spreading the word for the past several weeks
about the stay-at-home strike and expressed optimism that as many as
half the country’s roughly 600,000 garment workers would stay home in
protest. “We expect more than 50 percent of the workers not to
come to work until April 22 to demand that the government and Ministry
of Labor release the 21 prisoners and give them a U.S. $160 [monthly
minimum] wage,” Far Saly, president of the National Trade Union
Coalition, told the daily.
“We have informed our workers, handed
out 100,000 leaflets and spread the information through social media and
word-of-mouth,” he said. “We will wait and see how many factories will
be open or closed.”
The garment sector generated more than U.S.
$5 billion in revenue last year and the last round of strikes cost the
industry U.S. $42.2 million in lost production, the
Cambodia Daily reported, citing data from the Garment Manufacturers Association in Cambodia (GMAC), which represents factory owners.The
unions have asked for the stay-at-home strike to avoid another violent
confrontation and to take advantage of the Khmer New Year holiday.GMAC
officials, however, have said that the strike was unlikely to have much
of an effect on the industry as most factory owners already gave their
workers time off for the New Year until April 21.