Joint Media Statement: Intimidation and Legal Threats Against Union Workers and Leaders Must Cease

Threats of arrest against union leaders and labour rights activists - KHM 001 / 0910 / OBS 110

Threats of arrest against union leaders and labour rights activists - KHM 001 / 0910 / OBS 110: "The Observatory has been informed that a number of union leaders and labour rights activists are at risk of judicial harassment and under the threat of arrest warrants for organising a strike to demand the increase of the minimum wage for workers in the garment sector. The individuals at risk include Mr. Ath Thorn, President of the Cambodian labour Confederation (CLC), Ms. Morn Nhim, President of the Cambodian National Confederation (CNC) and Mr. Tola Moeun, Head of the Labour Rights (...)

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Human Rights Defenders,
Urgent Appeals"

Cambodian garment workers injured in police clash: unions

Saturday ,Sep 18,2010, Posted at: 19:11(GMT+7)

Cambodian garment workers injured in police clash: unions

PHNOM PENH, Sept 18, 2010 (AFP) - Five Cambodian garment workers were injured in a clash with police on Saturday, unions said, as tension between staff and bosses continued despite the end of mass strikes.

Violence erupted when police tried to break up a rally of about 3,000 factory employees who had gathered to protest a ban on 26 activists from returning to work after last week's huge stoppage, Ath Thun told AFP.

"The military police sent to crack down on the strike injured five strikers and the clash lasted for half an hour," the president of the Cambodian Labour Confederation said.

The incident in Kandal province, south of Phnom Penh, follows a decision to call off a large-scale strike across the country's key garment industry after the government stepped in and arranged talks with manufacturers.

Unions said the four-day stoppage that ended Thursday attracted up to 210,000 people demanding better pay, although the Garment Manufacturers' Association in Cambodia (GMAC) had a more modest estimate of 30,000.

Ath Thun accused some factories of refusing to let certain staff return to work because of their involvement in organising strike action.

Kong Athit, vice-president of the Coalition of Cambodian Apparel Workers Democratic Unions, said that the Kandal factory was acting against the government's intervention.

"What the factory does is wrong because the Minister of Social Affairs has called for a discussion soon and we all should go back to work normally and wait for the meeting," he added.

Cambodia's garment industry -- which produces items for renowned brands including Gap, Benetton, Adidas and Puma -- is a key source of foreign income for the country and employs about 345,000 workers.

The mass strike from Monday to Thursday followed a deal between the government and industry that set the minimum wage for garment and footwear staff at 61 dollars a month.

Unions say the salary is not enough to cover food, housing and travel expenses, and want a base salary of 93 dollars.

EU To Look Into Sugar Deals, Land Disputes

EU To Look Into Sugar Deals, Land Disputes: "
Representatives of the rights group Licadho met with European Union officials on Friday, following reports this week that the EU's preferential trade polices were linked to agricultural land evictions.

Officials from Licadho and the EU confirmed the closed-door meeting on Friday but declined to elaborate.

However, the meeting follows a week of increased media scrutiny questioning whether the EU's trade deals are being taken advantage of by companies behind the forced evictions of thousands of people.

The EU's Cambodian charge d'affaires, Rafael Dochao-Moreno, said at an EU-sponsored human rights forum on Wednesday the EU would look into whether its Anything But Arms program, which provides tariff exemptions for goods exported from less-developed countries, was linked to illegal evictions.

“This is something we are analyzing now,” the Cambodia Daily quoted him saying.

The Cambodia Daily also reported last week that the sugar plantation operations of Cambodian People's Party Senator Ly Yong Phat were fueling land disputes while cashing in on the EU trade deal.

Villagers in the provinces of Koh Kong and Kampong Speu have alleged that sugar plantations operated by Ly Yong Phat have pushed them off their land. Major protests have ensued, leading to violence and arrests.

Earlier this week, Prime Minister Hun Sen wrote a letter to opposition party lawmakers defending the Kampong Speu concession, given by the Ministry of Agriculture, an act which Dochao-Moreno was quoted as saying had prompted the EU investigation.

Ly Yong Phat told VOA Khmer on Friday that his sugar plantations did not have deals with Europe.

The Cambodia Daily, however, reported that Ly Yong Phat operated sugar contracts through a joint venture with Thai company Khon Kaen Sugar, which in turn sells it to a British industrial food company.

“Before the EU has agreements with companies in Cambodia, they should investigate whether those companies are involved in human rights abuses, before they take the goods for import into Europe,” Yim Sovann, a spokesman for the opposition Sam Rainsy Party, said.
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KC GECIN takes stubborn stand abusing Freedom of Association

Original News by BWI,  2/9/2010

KC GECIN Enterprise is continuously defying the right of Freedom of Association and steps up challenging the industrial relation mechanism of Cambodia.

The union members who belong to Building and Wood Workers Federation of Cambodia- BWTUC, an affiliate of BWI, has launched a strike last month to protest the KC GECIN management’s unfair labour practice by illegally dismissing the employment contract of workers who attended a legitimate labour seminar and later on the leaders and activists of the union. 

On the third week of the strike, based on the Cambodian Labour law the industrial dispute was referred to the Labour Arbitration Council – the respectable tripartite dispute mechanism in the absence of industrial courts. 

Based on the industrial relations laws, the LAC has issued an order enjoining workers on strike and who were not fired by company to return to work and the company must accept them with pre-conditions. While those illegally dismissed workers will have to cease from further industrial actions until the decision of the LAC is promulgated.

Yet, the company defied the order and refused to accept those workers who joined the strike but were not yet illegally dismissed and even ordered to security personnel to harass them by shooing them away from the company premises. This is almost tantamount to another act of illegal dismissal. The company is behaving as if it is above the Cambodian Constitution and labour laws.

The BWTUC is calling upon the BWI and other kindred organisations to continue supporting the online campaign demanding the KC GECIN to reinstate all dismissed and striking workers without pre-conditions; recognise the union and participate in good faith in the collective bargaining negotiation as primary step to restore the normalcy in the company’s labour relations. 

Also, demanding the company to take part in the hearing of the LAC with the provision of accepting as binding its ruling over the case.

Read similar news in Khmer, please click here or use this link: http://chiatkhemara.blogspot.com/2010/09/blog-post_03.html

South Africa Public Services Strike Enters Second Week, May Expand

Original News, VOA
29 August 2010 

The spokesman for the Congress of South African Trade Unions (COSATU) told VOA public sector workers will continue to strike Monday to press their demand higher pay and housing allowance increases than the government has offered.

Patrick Craven said, despite promises, the government of President Jacob Zuma has done very little to begin another round of negotiations to resolve the dispute.

“We haven’t heard anything definite from the government. They say that they want to reach a settlement as quickly as possible, but they haven’t yet come forward with concrete proposals for meetings, for which (we) put in a new offer on the table.  And, on the contrary, unfortunately, they are making a lot of quite provocative remarks about trying to force people back to work, which is obviously not helpful at all,” he said.

Craven also said that there is need for the government to present an urgent new offer which he said could be negotiated to enable workers to get back to work.

Last Wednesday, an estimated one million public service workers went on a one-day strike to press their demand for a wage increase.

The workers want an 8.6 percent pay rise, about double the current inflation rate of 4.2 per cent, as well as a 1,000 rand ($137.22) monthly housing allowance.
But, the South African government offered the workers a 7 percent increase and 630 rand ($86.44) monthly housing allowance.

Analysts say the government wants to avert a prolonged nationwide strike that could potentially impede South Africa’s burgeoning economy.

Observers say the ruling African National Congress Party (ANC), which draws considerable support from COSATU, will want to resolve the stalemate ahead of the party’s policy-setting meeting which is scheduled for next month.

Local media reports that one of the unions representing tire makers will also begin their strike Monday to demand higher wages.

Analysts say the strikes are putting pressure on President Zuma’s administration to deliver on promises of improved living conditions.

COSATU spokesman Craven the unions are open to positively engage the government to end the impasse over their pay increase demand.

“The unions have made it clear throughout this dispute that they are always ready to re-open negotiations and look at new proposals. But, this has not been yet forthcoming from the government, and so it is very frustrating for the union leaders. But, obviously, we will keep putting the pressure on behind the scenes to try to get some progress,” he said.

Demand to Reinstate Trade Union Leaders and Members of Cambodian National Federation of Building and Wood Workers Unions

E RIGHT TO ORGANIZE UNIONS & THE RIGHT TO COLLECTIVE BARGAINING

Mr. Kim Chhean

KC Gecin Enterprises

500 Norodom Boulevard, National Road # 2)

Phnom Penh, Cambodia

Fax : +855 23 360 638

Demand to Reinstate Trade Union Leaders and Members of Cambodian National Federation of Building and Wood Workers Unions 

Union Network International-Global Union (UNI) representing 1000 affiliated Unions with more than 15 million members worldwide is well aware of the on-going Industrial dispute between your company and the Building & Wood Workers Federation of Cambodia (BWTUC). 

I am happy to note that the government of Cambodia has ratified ILO-Convention 87 and 98 which guarantees the right workers to organize Unions and to negotiate for Collective Agreements.

The terminations of Union Officials and Members is unconstitutional and against the spirit of ILO Conventions that the Cambodian Government has ratified. 

Therefore, we join the Building Workers International (BWI) to urge your good self to have a meaningful and democratic talks with the Union and reinstate all workers, recognize the Union (BWTUC) and immediately enter into Collective Bargaining. 

UNI-Global Union believes that the Company (KC Gecin Enterprises) will be able to resolve the dispute by going back to the negotiating table.

Please do justice to the democratic process.

Thank you.

MOHAMED SHAFIE BP MAMMAL 
General Secretary ASETUC & 
President UNI Global Union-Malaysia

Urgent Appeal: ACT NOW! Support Workers' Strike at KC GECIN Enterprise in Cambodia

Dear Comrades and Colleagues,

The Building and Wood Workers International (BWI) and Building and Wood Workers Trade Union of Cambodia (BWTUC) URGENTLY request for your support for the workers of KC Gecin Enterprises in Cambodia:

On August 12, 2010, the workers of KC Gecin Enterprise (Cambodia) notified the management that they had formed a union and requested a meeting to negotiate; however, the next day, the management immediately terminated 29 workers who were officers and key members of the union.  This was the second dismissal, as the management had previously fired 25 workers ten days earlier for attending a trade union training.  As a response, The members of the union agreed on August 16, 2010 to go on strike to protest the company’s continuous harassment and termination of union leaders and members.  In addition, the company has used its influence with the local authority, police, and government to further intimidate union members.  These actions are clearly violations of international labour standards. 

The mediation effort initiated by the officials from The Ministry of Labour yesterday (17/08) failed due to the management’s recalcitrant behaviour. Through security personnel and police, the management is harassing and intimidating workers who are on strike.

For further details, please  check the following link:

http://www.bwint.org/default.asp?Index=2880&Language=EN

TAKE ACTION NOW!

Please IMMEDIATELY send as many emails as possible to KC Gecin Enterprises Email addresses below:

kc_gecin_enterprises@camnet.com.kh

kcge@angkornet.com.kh

This will be the initial step of the regional campaign organized to support our comrades in Cambodia, We will update you immediately for further news!

Please feel free to circulate this appeal to your networks.

In Solidarity,

Shelly Woyla

Education Officer

BWI Asia Pacific

Demand to reinstate union leaders and activists and recognize the union

Respect Workers’ Right to Self Organization

Mr Kim Chhean

KC Gecin Enterprises

500 Norodom Boulevard, National Road # 2)

Phnom Penh, Cambodia

Fax: +855 23 360 638

RE: Demand to reinstate union leaders and activists and recognize the union

The Building and Wood Workers International (BWI), representing more than 12 million members from 328 trade union organizations in 130 countries, is well aware of the on-going industrial dispute between your company and the Building and Wood Workers Federation of Cambodia (BWTUC) which is affiliated to us.

Guaranteed both by the Cambodian Constitution and Labor Code as well as the International Conventions 87 (The Right to Self-Organization) and 98 (The Right to Collective Bargaining) which are ratified by the Cambodian government and bound to enforce it, workers had exercised their rights to form union and had duly notified the company management for recognition and initiation of the process towards collective bargaining.

However, instead of recognizing the union for collective bargaining negotiation purposes, your company had resulted in drastic and discriminatory acts by illegally terminating 29 union leaders and activists last 13th August and another 25 union members who participated in a legitimate trade union seminar.

Despite these unfair labor practices the union persisted to bring you to negotiating table through the mediation of officials from Ministry of Labor. Yet, you responded with another discriminatory act by terminating another 10 workers who participated in this collective action last 15th August. You even junked the mediation provided by the Ministry of Labor and solicited the support of security and police personnel to intimate the workers who decided to launch a strike last 16th August.

These are absolutely violation of the Cambodia constitution article 36, Cambodia Labor Law, Chapter XI, Trade union freedom and workers representation in the enterprise, Proclamation (Prakass) No. 305 on representation of professional organization of workers at the enterprise level and on the right to have collective bargaining for collective bargaining agreement at enterprise or establishment level and ILO convention No, 87, 98.

As an affiliate of BWI, we enjoin you to reinstate the dismissed union leaders and members without preconditions, refrain from intimidating the workers on strike, recognize the union as a primary step that would lead to normalcy in the employee-employer relationship towards settle of the industrial disputes through collective bargaining agreement; lest we launch a major international campaign to expose your rogue corporate behavior.

Yours truly,

Name of President/General Secretary

Name of Union