International Federation
for Human Rights

Joint Open Letter to

Subject: Workers rights must be fully respected in Cambodia

Your Excellencies,

The International Federation for Human Rights (FIDH) and International Trade Union Confederation (ITUC) are deeply concerned that a recent peaceful and lawful strike by garment and apparel workers in Cambodia has been met with legal threats and intimidation against union leaders and workers.

The strike, which began on September 13, saw the participation of hundreds of thousands of workers from the Coalition of Cambodian Apparel Workers Democratic Union (CCAWDU), the National Independent Federation of Textile Unions of Cambodia (NIFTUC), and 13 other unions. The workers are seeking an increase in the current wage to meet minimum living standards. On September 16, union leaders agreed to temporarily cease the strike after they accepted a proposal from the government inviting union representatives to a negotiation meeting to be held on September 27.

In order for the September 27 negotiation to be meaningful and successful, unions and workers must be free to conduct legitimate activities in defending and protecting the rights of others, from all acts of threats and intimidation. Our organisations are deeply troubled by the fact that, during the strike, high-ranking government officials publicly called for the investigation and prosecution of union leaders and a crackdown on the strike. On September 15, the Prime Minister approved a request from the Ministry of Labour and Vocational Training and Ministry of Social Affairs, Veterans and Youth Rehabilitation to authorize the police and local authorities to take legal and other actions against striking workers and union leaders, inspite of the legal and peaceful nature of the strike.

According to court documents obtained, provincial and municipal courts have ordered the suspension of at least 92 union workers in Kampong Speu and Kandal provinces. Since the cessation of the strike, as many as 200 union leaders have reportedly been suspended for taking part in or organising the strike. In an urgent appeal issued jointly with the World Organisation against Torture (OMCT) on September 20, FIDH drew attention to the threats against union leaders, including at least nine union leaders who are known to be at high risk of being served arrest warrants for organising the strike.

Our organisations recall that the Cambodian Constitution, the Labour Law of 1997, the International Covenant on Economic, Social and Cultural Rights, and ILO Conventions 87 and 98, which Cambodia ratified, guarantee the rights to organise, the right to strike and the right to collective bargaining. The use or threat of legal actions against union leaders and workers are not in conformity with Cambodia’s legal obligations under domestic and international law.

FIDH and ITUC strongly urge the Government of Cambodia to:

• immediately cease and refrain from all acts of legal threats and intimidation against union representatives, workers and labour activists for their involvement in the legal and peaceful strike;

• reinstate all workers who have been unfairly suspended, served warrants, or investigated for their role in the strike and guarantee their and their family’s safety;

• engage in good-faith, honest and transparent negotiation with unions and workers in order to realise an increase in the current wage to meet minimum living standards; and

• commit to respect and guarantee, in law and in practice, the full range of labour rights to which the workers of Cambodia are entitled under domestic and international law, including the rights to organise, strike and collective bargaining; and provide adequate and effective redress when these rights are violated.

We sincerely hope you will take into consideration our deep concerns and recommendations.

Sincerely yours,

Souhayr Belhassen, FIDH President

Sharran Burrow, ITUC Secretary-General