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CAMBODIA: Riots and violent confrontation over Labour disputes

June 19, 2003

 

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

19 June 2003

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UA-22-2003: CAMBODIA: Riots and violent confrontation over Labour disputes

CAMBODIA: Labour disputes; Workers' Rights; Riots
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CAMBODIA: Riots and violent confrontation over Labour disputes

Riot police in Cambodia seriously assaulted the labour rights of workers on 13 June 2003 when they fired into a crowd of several hundred demonstrators who were airing their grievances over pay, the sacking of a union member and other labour issues. The violence resulted in the deaths of factory worker Mao Vuthey (30 years old), and municipal police officer, Sok Sovanara (42 years old), who died of head injuries. The reported cause of Mao Vuthey's death varies from a bullet in his spine, to a gun blast to his chest. A relative of Mao Vuthey, Mao Piseth, said that he had seen the Police shoot Mao Vuthey dead.

Prior to the violence on 13 June, up to 1,000 workers at the Terratex Knitting and Garment Factory Ltd had been demonstrating peacefully outside the factory in the south of the capital Phnom Penh for five days. The workers wanted the reinstatement of a recently fired union member who had been leading other workers in their request for time off; better working conditions, such as a reduction in forced overtime; and the removal of a senior manager that they claim is corrupt. The workers also wanted an increase in their monthly wages from US$30 to US$45 from the management of the factory, which produces clothes for Gap, a large US retail chain.

Nearly 30 local police were at the factory but an extra 200 Intervention Police joined and dispersed the gathering. Police, using batons and guns, clashed with the workers, who were armed with stones. Officers with assault rifles fired shots into the air and at the ground, witnesses said. The factory workers retaliated by throwing stones, and some attacked the factory and tried to set it alight. In addition, 34 alleged participants in the clash are now in jail. In the aftermath of the confrontation, a kilometre-long stretch of road was strewn with spent AK-47 shells and abandoned sandals, as the workers fled from the gunfire.

The Manager of the factory, Mr Jimmy Sum, said that his company abides by the labour law. The Cambodia Human Rights Action Committee condemned the show of police force, calling the action a violation of the Constitution. The Terratex crackdown is the latest articulation of the government¡¯s ban on peaceful protects, which began after 29 January.

As a result of the violence at the Terratex factory, work was disrupted in neighbouring garment factories, which were hastily shut down. The garment industry is Cambodia¡¯s main source of foreign revenue, with about 200,000 people working in more than 200 factories. Garment factories produced around US$1.1 billion in exports in 2001, which is about 77 percent of the country¡¯s total; most of the clothes go to the US to be sold by Nike, Adidas and Gap.

Human Rights groups have accused some of the factories in the area of exploiting workers. Employees frequently protest about their pay and working conditions, although the ILO says that the situation has improved in recent years. However, at the Great Lancelot International Co Ltd factory, on Thursday 12 June, 78 employees fainted allegedly due to a lack of fresh air. Some workers at the factory fell unconscious after breathing fumes from chemically treated cloth, and workers staged a strike over this Health & Safety issue.

The confrontation and violence at the Terratex factory marks the bloodiest confrontation between striking workers and Police in recent history, and took place amid last minute preparation for this week¡¯s ASEAN Regional Forum and ministerial meetings. The ASEAN Forum was due to begin on 16 June, with US Secretary of State, Colin Powell, scheduled to be in attendance. It is believed that US experts have provided anti-terrorism training and have been co-ordinating security plans with the Ministry of Interiors¡¯ Bodyguard Department. Cambodian officials have said it is a priority to prevent a terrorist attack, as well as street demonstrations, during the week-long ASEAN meetings.

A march on the following day of the violence, 14 June, by the workers at the Terratex factory to mourn the death of their colleague, resulted in further violence, as well as arrests. Police fired into the air to disperse the workers, and 500 police armed with AK-47s and electric batons battled with about 250 workers, who again threw rocks.

SUGGESTED ACTION:

Write letters to the Prime Minister expressing your concern about the recent violence against workers, and the reaction of the Government and the Police to the incidents of protest, and in general the lack of workers' rights in Cambodia.

A sample letter and contact details for your action are provided below.

Also view AHRC's Cambodia website at:

SUGGESTED LETTER:

Prime Minister Hun Sen
Office of the Council of Ministers,
Phnom Penh,
Cambodia

Fax: (855) 23-426-054

Date

Dear Mr Prime Minister

CAMBODIA: Riots and violent confrontation over Labour disputes

I urge you to act decisively to stop this violence in Cambodia, and bring to justice those responsible for carrying out the attacks on 13 June 2003 against the workers of the Terratex Knitting and Garment Factory Ltd who were holding a peaceful demonstration.

The confrontation and violence at the Terratex factory marks the bloodiest confrontation between striking workers and Police in recent history in Cambodia. I agree with the comments from The Cambodia Human Rights Action Committee who have condemned the show of force by the Police, calling the action a violation of the Constitution.

In addition, a march held on the following day of the violence, 14 June, by the workers at the Terratex factory to mourn the death of their colleague on 13 June, resulted in further violence, as well as arrests. Police were armed with AK-47s and electric batons.

I appeal to you to investigate the issue of Workers' Rights, and the incidents on 13 and 14 June 2003, as a matter of urgency.

Thank you.

Yours sincerely

_______________

SEND/FAX A LETTER TO:

H.E Hun Sen
Prime Minister
Office of the Council of Ministers, Phnom Penh, Cambodia
Fax: (855) 23-426-054
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Thank you.
PAMELA APPS
Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-22-2003
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.