INTERNATIONAL LABOUR CAMBODIA:
SUPPORT SACKED CAMBODIAN GARMENT WORKERS:


The following appeal for online solidarity with unjustly fired Cambodian garment workers comes from the Clean Clothes Campaign:
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Cambodia: Garment Workers Sacked for Striking
Tuesday, 11 January 2011 16:32

Take action today to support over 300 Cambodian workers sacked for their participation in strikes for fair wages. The workers downed their tools in September last year to support trade unions in ongoing minimum-wage negotiations. They were dismissed from their factories as a consequence. Since then, efforts to get them reinstated have remained without success, despite a court order and the government calling on employers that the workers should be allowed to return to work.

Gap, Zara and H&M source from a large number of the involved factories. Please take action and demand that these workers are allowed to return to work immediately, with compensation paid for the time they have been dismissed.

These workers, many of whom are trade-union leaders, have been fighting for reinstatement since they were prevented from returning to work on September 18, 2010. The sackings and suspensions are believed to be in retaliation for their participation in a nation-wide strike to demand a minimum monthly wage of US$ 93. This is considered to be the minimal “living wage” as calculated by labour groups and unions in the country.

The strike lasted for three days and received massive support from workers: on the last day over 200,000 workers from around 90 factories joined the protest. It was called to an end by union leaders after the Ministry of Social Affairs invited them for a meeting to discuss their demands. However, when the garment workers arrived for work they were confronted with mass dismissals of unionised workers who had participated in the strike, and dozens of legal cases filed against union leaders.

The actions of the employers are in contravention of the Cambodian constitution and labour laws. Thy also violate the International Labour Organization conventions on Freedom of Association and Collective Bargaining. The Cambodia government responded by issuing a sub-degree urging employers to drop the court cases and calling on them to return to the negotiating table. It also stated it would not allow workers to be dismissed.

At the start of October, the courts issued a warrant ordering employers to reinstate the dismissed and suspended workers within 48 hours. The employers appealed and the case is still pending. Many employers have so far refused to abide by the government or court calls and have not allowed workers to return to their jobs.

Since September the Clean Clothes Campaign has been calling on most of the global brands that outsource to these factories to demand that workers are reinstated immediately and unconditionally and that the owners enter into good faith negotiations with the trade unions.

Although some brands have taken some steps towards this, their actions have been insufficient to have an impact on the ground. They need to step up their efforts immediately to ensure workers are not made to suffer any longer simply for legally exercising their right to strike.

H&M and Zara are amongst the companies that normally have the largest orders in Cambodia. Take action now and sign on to our emails to these brands. We also include Gap in our appeal. Not only do they have significant orders in a factory where 18 strikers are still out on the streets, but their supplier, garment factory United Apparel, is also involved in a serious human-rights case against a unionist, Mr. Sous Chantha.
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THE LETTER:
Please go to this link to send the following letter to H&M, GAP and Zara, all of whom purchase clothing from Cambodian suppliers.
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Letter to H&M, GAP and Zara
(Cc. Garment Manufacturers' Association of Cambodia)

Dear Madam, Sir,

I am writing in regard to the 318 Cambodian workers who are waiting for reinstatement almost two months after they were dismissed following the national strike for decent wages in September. A number of trade union leaders are still facing spurious legal charges resulting from their participation in this strike. This is despite the government of Cambodia issuing a statement opposing the dismissals and a warrant urging these cases to be dropped.

I understand that your company has contacted your suppliers to express your concern, but these steps have clearly not been enough to bring justice for these workers. Your company is a significant buyer from Cambodia in general and these factories in particular. Your code of conduct commits you to upholding the rights of all workers in your supply chain to freedom of association.

I therefore urge you to take stronger action to ensure that:

•these workers are reinstated immediately and unconditionally, with back pay calculated on their individual average monthly incomes.
•complaints and court cases against these workers are withdrawn, your suppliers respect the established trade union rights to freedom of association and immediately halt their union-undermining activities such as intimidations and efforts to bribe trade union leaders
•the employers immediately enter into good faith negotiations on the workers’ proposals for a living wage and other benefits;
•United Apparel use the considerable amount of influence that they have to ensure the dropping of fabricated charges against Mr. Sous Chantha, and ensure his immediate release.

I look forward to hearing that this issue is resolved at the earliest opportunity and that your company has played a role in ensuring that freedom of association is respected and supported in Cambodia,

Sincerely,

INTERNATIONAL LABOUR:

SUPPORT CAMBODIAN UNION ACTIVISTS:

The government of Cambodia has continued with its anti-labour practices despite international pressure. Here is an appeal from the Clean Clothes Campaign for support of a union leader arrested on false charges and for 379 workers illegally dismissed for union activities.

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Cambodian Trade Union Leader Arrested
Tuesday, 14 December 2010 17:36

The Clean Clothes Campaign is deeply concerned for the safety and welfare of union- and worker leaders in Cambodia. On November 18th Sous Chantha, a trade union leader of the Coalition of Cambodian Apparel Workers Democratic Unions (C.CAWDU) was arrested and charged with drug trafficking. This arrest is believed to be a frame-up in order to disturb his union activities, and he risks 2 to 5 years in jail.

C.CAWDU organized a nation-wide strike for higher wages last September which led to mass dismissals of union members and dozens of legal cases filed against union leaders. Today, 379 workers from 18 companies are still dismissed from their workplaces. Their families are without income. They cannot pay for food nor for house rent and risk being thrown out of house.

Please take action today and call upon the Cambodian government to immediately and unconditionally release Sous Chantha, and upon the employers and the Garment Manufacturer Association in Cambodia (GMAC) to immediately reinstate all suspended and dismissed workers and their leaders with average back-wages paid and to start good faith negotiations about the workers’ benefits proposal at once.

Background:
Framed for joining C.CAWDU
Sous Chantha has been working for the United Apparel Garment (formerly Lotus Garment) factory in Phnom Penh for the last four years. United Apparel Garment is mainly producing for GAP. Sous Chantha has been a union leader since 2008, representing roughly 1000 members who initially were affiliated with Independent Democratic Union Federation (IDUF). Last November 17 they changed from IDUF and decided to affiliate with C.CAWDU.

On November 18 the necessary paperwork to affiliate with C.CAWDU was thumb-printed by union leaders. A little over 2 hours later after he left from the factory at over 6.00 pm, Sous Chanta was stopped and searched by the military police who claim they discovered packages of illegal pills squeezed in between the seat and the chassis of his motorbike. Since then he has been held in pre-trial detention.

C.CAWDU believes this arrest to be a frame-up in order to disturb his union activities. Sous Chanta risks 2 to 5 years in jail. According to the Cambodia League for the Protection and Defense of Human Rights (LICADHO) there are contradictory reports from the police about his arrest and there is insufficient legal basis for this detention, the report can be downloaded here.

379 still waiting to be reinstated
The strike lasted from September 13 until September 16 and received massive support from workers: on the last day alone over 200,000 workers from around 90 factories joined the protest. It was called to an end by union leaders after the Ministry of Social Affairs requested a meeting with union leaders to discuss their demands and workers decided to return to their factories. However, when they arrived for work two days later more nearly 800 union members and worker leaders were dismissed, and dozens of legal cases filed against union leaders because of their involvement in the strike.

The actions of the employers are in direct contravention of the Cambodian constitution and labour law. They also violate the International Labour Organisation conventions on Freedom of Association and Collective Bargaining. The Cambodia government responded by issuing a sub-degree urging employers to drop the court cases and calling on them to return to the negotiating table. It also stated it would not allow workers to be dismissed. At the beginning of October, the courts issued a warrant ordering employers to reinstate the dismissed and suspended workers within 48 hours. The employers have so far refused to abide by the government or court calls and with a few exceptions have not allowed workers to return to their jobs.

Since the dismissals CCC has been calling on the global buyers from the affected factories to demand that workers are reinstated immediately and unconditionally and that the owners enter into good faith negotiations with the trade unions. Some brands have taken steps towards this, but still over 379 workers from 18 companies are waiting for their reinstatement. CCC continues to pressure key brands to take further action and to call upon the powerful Garment Manufacturer Association in Cambodia (GMAC) to to immediately reinstate all suspended and dismissed workers and their leaders with average back-wages paid and to start good faith negotiations about the workers’ benefits proposal at once.


Take action now:
Sous Chantha and Cambodian Workers need your help.
Send a letter to the Cambodian authorities and to the Garment Manufacturers Association of Cambodia

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THE LETTER:

Please go to this link to send the following letter to Cambodian authorities and the Garment Manufacturers Association of Cambodia.

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Letter to
•His Excellency Sok An, Deputy Prime Minister, Minister of Council
•His Excellency Cham Prasidh, Senior Minister, Minister of Ministry of Commerce
•His Excellency Vong Sauth, Minister of Ministry of Labour and Vocational Training (MoLVT)
•His Excellency Ith Sam Heng, Minister of Ministry of Social Affairs, Veterans & Youth and Rehabilitation (MOSAVY)
•His Excellency Ang Vong Vathana, Minister of Ministry of Justice (MOJ)
•His Excellency Sar Kheng, Deputy Prime Minister, Minister of Ministry of Interior (MOI)
Your Excellency,

Please allow me to express my concern about Sous Chantha, a trade union leader of the independent union federation C.CAWDU. He was arrested on November 18th and charged with drug trafficking. I believe this to be a frameup in order to disturb his union activities.

I understand that his arrest followed only hours after his union affiliated with C.CAWDU, and that there are contradictory statements from the authorities. I also understand according to the investigation results of Human Rights Organization LICADHO there is no evidence against Sous Chantha.

I therefore call on you to carry out a swift, full and impartial investigation into the charges against trade union leader Sous Chantha, and if no clear evidence is found to provide for his release immediately.

I also call on you to adopt a policy to ensure that frameups against trade union leaders are not used to undermine the freedom of association and right to form or join a union.

I look forward to hearing that this issue is resolved at the earliest opportunity,

Sincerely

And to Mr. Van Souieng, President of GMAC
Garment Manufacturer Association in Cambodia:
Dear Mr. Van Souieng

I am writing in regard to the 379 Cambodian workers who are still waiting for reinstatement more then two months after they were dismissed following the national strike for decent wages in September. A number of trade union leaders are still facing spurious legal charges resulting from their participation in this strike. This is despite from the government of Cambodia issuing a statement opposing the dismissals and a warrant urging these cases to be dropped.

I understand that some of your members have recently reinstated part of the dismissed and suspended workers, but that many others are still refusing to do so. As the organisation representing the garment employers of Cambodia I believe you have a responsibility to ensure that all of your members reinstate these workers immediately and unconditionally, with back pay calculated on average monthly incomes.

I look forward to hearing that this issue is resolved at the earliest opportunity and that freedom of association is respected and supported in Cambodia,

Sincerely,

INTERNATIONAL LABOUR CAMBODIA:

SOLIDARITY WITH CAMBODIAN CONSTRUCTION WORKERS:

Molly first saw this appeal at the online labour solidarity site Labour Start. It comes originally from the Building and Woodworkers International union where more information on this struggle can be found. Interested readers might also like to check out the independent Cambodian news site KI Media.

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Cambodia: Reinstate sacked construction workers
The Building and Wood Workers Trade Union of Cambodia (BWTUC, an affiliate of BWI, has been struggling to organise the KC GECIN Enterprise, located at No.500, National Road 2, Sangkhat Chak Angre Loe, Khann Meanchey, Phnom Penh, Cambodia. KC GECIN Enterprises is a local construction company, owned by Mr. Kim Chhean, a Cambodian national. This company has two main construction producing sites - one located in Prekho, Kandal District and another main site is located in Kilo 10, Khann Russei Keo, Phnom Penh. It employs around 160 workers all in main headquarter and in the two main sites. However, instead of recognising the union and starting a process to negotiate a collective bargaining agreement, the company has resorted to drastic and discriminatory measures as evident by the illegal termination of 25 union leaders and activists on August 13th and another 25 members who had participated in a legitimate trade union seminar.

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THE LETTER:
Please go to this link to send the following letter to the management of the KC GECIN Enterprises in Cambodia.

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We strongly urge you to immediately reinstate the dismissed union leaders and members without preconditions, refrain from intimidating the workers on strike, recognise the union as a primary step that would lead to normalcy in the employee-employer relationship towards settling the industrial dispute through a collective bargaining agreement.

INTERNATIONAL LABOUR:

COUNTING THE TOLL:

Here's an interesting item that Molly recently discovered on the AFL-CIO Blog. It's a story on the International Trade Union Confederation's Annual Survey of violations of Trade Union Rights. The article below concentrates on the murders of trade unions in the year 2007, but the report itself hardly restricts itself to this most grievous of employer crimes. Well worth looking at.

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91 Trade Unionists Murdered in 2007:

by James Parks, Dec 1, 2008
A total of 91 trade unionists were murdered for fighting for workers’ rights worldwide in 2007, according to the International Trade Union Confederation’s (ITUC’s) Annual Survey of Violations of Trade Union Rights, released late last month.

Colombia, where 39 union members were killed in 2007, again tops the list of most dangerous countries to be a union member. While there was a slight reduction in killings in Colombia compared with the previous year, ITUC says many attempts to kill Colombian unionists failed, and there was a notable increase in forced removals, arbitrary arrests, illegal raids and threats, especially in agriculture, health and education.

In Guinea, 30 unionists were murdered. ITUC says the regime of President Lansana Conte was directly responsible for the killing of 30 unionists during the brutal repression of union-organized public demonstrations against corruption and violations of fundamental rights.
The survey also noted a disturbing increase in violence in Guatemala as trade unions were increasingly targeted, with four unionists murdered and a worsening climate of threats and harassment.

ITUC General Secretary Guy Ryder says:

"Repression of legitimate trade union activities…continued unabated in every continent. Murder, violence and torture, along with harassment, dismissal and imprisonment, were all used to stop working people organising unions and bargaining collectively for decent pay and working conditions. Several governments were only too ready to openly or covertly support unscrupulous employers who deny fundamental rights to their employees.

Governments have failed to do enough to protect workers’ rights, either at home or in their international diplomatic, economic and trade relations. "

The survey also singled out the United States and Australia among industrialized nations for restricting workers’ freedom to form unions, citing court decisions in Australia and the Bush National Labor Relations Board rulings in this country.

Several disturbing trends emerged in the survey, which covers worker rights violations in 138 countries. Among those: collusion between some governments and employers to deprive workers of their legitimate rights to union membership and representation. Serious and systematic harassment and intimidation was reported in 63 countries.

Seventy-three unionists were sent to prison in 2007, including 40 in Iran, where systematic suppression of workers organizing in transportation and education continued. Fourteen unionists were jailed in Morocco and seven in Burma, where the junta targeted union activists as part of its brutal crackdown on any moves for democracy and human rights.

In Africa, employers in several countries used lax labor laws to encourage splits in trade unions and create employer-controlled groups to replace independent trade unions. Conditions were especially bad in Zimbabwe and Swaziland, which also appeared on a list of countries where Chinese-owned and -funded projects were cited for poor working conditions and exploitation of the workforce.

In the Middle East and Asia:
**Saudi employers beat four female Indonesian domestic workers so badly that two died, and police forcibly removed the other two from the hospital.
**Two trade unionists, one of whom was abducted and tortured, were killed due to their union activities in Iraq.
**Murders of trade unionists were once again reported in Cambodia and the Philippines.

CAMBODIA:

TELL KINGS LAND THAT UNION RIGHTS ARE HUMAN RIGHTS:

The Clean Clothes Campaign has launched another Internet appeal. Down Cambodia way the workers at the Kings Land Garment Company have formed an union, the Garment Workers' Democratic Union, last July. Since then the company has stonewalled , reneging on an agreement they made on October 24th and refusing to implement an arbitration council hearing award passed on December 12th. The workers at this company have been on strike since January 11th, and they are calling on international supporters to email the company to demand that management relent, recognize the union and reinstate 18 workers who have been illegally dismissed since the union was formed. To read more and join this campaign go to http://www.cleanclothes.org/urgent/08-01-24.htm .

APPEAL FROM CAMBODIA:

On April 12th the Cambodian Court of Appeal upheld the convictions of Born Samnang and Sok Samoeun in the 2004 murder of Chea Vichea, the leader of the Free Trade Union of the Kingdom of Cambodia (FTUWEC). The union itself, however, sees it otherwise and believes that the real killer or killers are still free while the two accused have been framed. The union has appealed to the International Labour Organization to establish an international committee to investigate and bring to justice the real killers as well as those who murdered Ros Sovannareth and Hy Vuthy, other FTUWEC leaders. A report from the Asian Human Rights Commission makes it plain that the appeals procedure was flawed and irregular. The UN's special representative for human rights in Cambodia, Yash Ghai, expressed "deep regret" over the court's decision and reiterated earlier calls for a complete and impartial inquiry into Chea Vichea's death. This is his complete statement.

The Clean Clothes Campaign has launched an online petition to both the Cambodian government and foreign embassies in Cambodia asking for a just resolution to this case. To add your name to this campaign go to http://www.cleanclothes.org/urgent/07-02-08.htm#action