Dear friends,
The Asian Human Rights Commission (AHRC) writes with deep concern regarding the continued detention of 23 persons, composed of labour leaders, garment workers and others, whom police and military arrested in separate incidents on the 2nd and 3rd January, 2014, for holding protests demanding an increase of the monthly minimum wage to USD160 for garment workers.
CASE DETAILS: (Based on the documentation by the Cambodian League for the Promotion and Defense of Human Rights -LICADHO- and Fact Finding Mission organised by the Asia Monitor Resource Centre -AMRC-)
As it has been widely reportedly, since December 2013, workers from garment factories owned by foreign companies have gone on strike in Cambodia. The workers are demanding an increase of minimum wage for garment workers, from USD80 to USD160 a month, the average cost which the government itself estimated based on its study.
The government’s refusal to implement the increase of minimum wage, the amount of which they have identified a worker could live decently, has resulted in the increasing number of protests. Apart from garment workers and labour leaders, ordinary persons were supportive to the demands of the workers.
On January 2, the protest were violently suppressed by the police, military police and special commandos, resulting in the arrest of ten persons, composed of garment workers, labour leaders, who were urging workers to join the strike at Yakjin Factory in Phnom Penh. For details, please read this. Those arrested were:
Vorn Pao, 39, President of Independent Democracy of Informal Economy Association (IDEA); Theng Saveurn, 24, Coordinator of Coalition of Cambodian Farmer Community (CCFC); Chan Puthisak, 40, Community leader from BoeungKak Lake, works as a glass cutter; Sokun Sombath Piseth, 31, staff at Center for Labor Rights of Cambodia (CLaRi-Cambodia); ChhimTheurn, 26, Garment worker at Yak Jin factory; Yong Som An, 31, Electrician; RethRoatha, 24, Rice mill worker; Nakry Vanda, 19, Garment worker in Kambol; LornSan, 20, Garment worker at GaiNai factory; TengChany, 21, Truck driver and construction worker;
All of them were charged for violations of Article 218 of the Criminal Code, for intentional violence with aggravating circumstances and Article 411, for intentional damage with aggravating circumstances at the Phnom Penh Municipal Court.
The following day, 3 January, a combination of security forces violently dispersed the peaceful gathering of protestors, including garment workers, labour leaders and the ordinary persons, at the Canadia Industrial Park. The violent dispersal resulted in the deaths of four persons and the wounding of 40 others. For further comments please view this.
On this day, thirteen more persons, including a minor, were arrested. All of them are men, eleven were garment workers and two others were moto-taxi drivers. They were:
Chea Sarath, 34, Moto-taxi driver; Yon Chea, 17, Garment worker at I Khangfactory; BouSarith, 27, Garment worker; Mam Piseth, 23, Garment worker at Canadia Industrial Zone; NemSokhoun, 23, Garment worker; PhangTren, 24, Garment worker at Canadia Industrial Zone; Ry Sinoun, 18, Garment worker at Sin Lian factory; HengRatha, 22, Garment worker at Canadia Industrial Zone; Pang Vanny, 38, Garment worker at Suntex factory; HoenDa, 29, Garment worker at Hong Sin factory; Cheurn Yong, 23, Garment worker; RosSophoan, 25, Garment worker at Ming Yiak factory and ProrSarath, 26, Private motor guard.
Of those arrested, all of the 13 were charged for violations of Article 218 and 411 of the Criminal Code, similar to the charges laid on the ten persons arrested in Yakjin factory; and three of them were additionally charged for violations of Article 502 of the Criminal Code, for insult to public official acting in official capacity; and Article 78 of the Traffic Law, for obstructing the flow of traffic.
ADDITIONAL COMMENTS:
Based on the interviews conducted by the team who joined the fact finding mission, from 15 to 18 January, in which the AHRC had participated, both the incidents on the 2nd and 3rd were the result of provocation by the security forces, for the purpose of violently suppressing the workers and labour leaders, from their demands of the increased minimum wage.
Therefore, the AHRC is of the opinion that the charges laid on the 23 detainees, for intentional violence, intentional damage and insult to public official; and for obstructing the traffic, has nothing to do with law enforcement, but rather these laws are being used in suppressing protest and the demands of the workers. For this reason, all the charges on them must be withdrawn and they must be released unconditionally.
SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to act on this case, and to ensure that all the detainees are released unconditionally.
The AHRC is also writing a letter to the Special Rapporteur on the situation of human rights defenders.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
CAMBODIA: Twenty three protesters detained for demanding an increase of the minimum wage must be released unconditionally
Names of detainees arrested on January 2, 2014:
1. Vorn Pao, 39, President of Independent Democracy of Informal Economy Association (IDEA);
2. Theng Saveurn, 24, Coordinator of Coalition of Cambodian Farmer Community (CCFC); 3. Chan Puthisak, 40, Community leader from BoeungKak Lake, works as a glass cutter;
4. Sokun Sombath Piseth, 31, staff at Center for Labor Rights of Cambodia (CLaRi-Cambodia);
5. Chhim Theurn, 26, Garment worker at Yak Jin factory;
6. Yong Som An, 31, Electrician;
7. Reth Roatha, 24, Rice mill worker;
8. Nakry Vanda, 19, Garment worker in Kambol;
9. Lorn San, 20, Garment worker at GaiNai factory;
10. Teng Chany, 21, Truck driver and construction worker;
All of them were arrested at the Yakjin Factory in Phnom Penh, and are presently detained in Correctional Centre 3 in Kampong Cham prison, Kampong Cham province.
Status of their case:
All of them are charged for violations of Criminal Code Article 218, for intentional violence with aggravating circumstances and Article 411, for intentional damage with aggravating circumstances at the Phnom Penh Municipal Court.
Names of detainees arrested on January 2:
1. Chea Sarath, 34, Moto-taxi driver;
2. Yon Chea, 17, Garment worker at I Khangfactory;
3. Bou Sarith, 27, Garment worker;
4. Mam Piseth, 23, Garment worker at Canadia Industrial Zone;
5. Nem Sokhoun, 23, Garment worker;
6. Phang Tren, 24, Garment worker at Canadia Industrial Zone;
7. Ry Sinoun, 18, Garment worker at Sin Lian factory;
8. Heng Ratha, 22, Garment worker at Canadia Industrial Zone;
9. Pang Vanny, 38, Garment worker at Suntex factory;
10. Hoen Da, 29, Garment worker at Hong Sin factory;
11. Cheurn Yong, 23, Garment worker;
12. Ros Sophoan, 25, Garment worker at Ming Yiak factory;
13. Pror Sarath, 26, Private motor guard.
All of them were arrested in Canadia Industrial Park, and are presently detained in Correctional Centre 3 in Kampong Cham prison, Kampong Cham province.
Status of their case:
All of them were charged for violations of Article 218 and 411 of the Criminal Code; and three of whom were charged for Article 502 of the Criminal Code, for insult to public official acting in official capacity; and Traffic Law Article 78, for obstructing the traffic.
I am writing to express my grave concern on the continued detention of 23 persons, composed of garment factory workers, labour leaders and ordinary villagers, after they were laid with criminal offences in separate incidents on January 2 and 3, 2014. They were arrested after protests demanding for an increase of minimum wage.
I have learned that all these detainees, whose details are mentioned above, were part of peaceful demonstrations on January 2, in Yakjin Factory, Phnom Penh; and on January 3, at Canadia Industrial Park, when the combined security forces—from the police, military police and special commandos—violently dispersed them. The dispersals were followed by arresting the protestors, detaining them incommunicado about five days and prosecuting them on various criminal offenses.
I am aware that the worker’s protests were aggravated by the government’s refusal to implement the increase of monthly minimum wage, from USD80 to USD160, based on its own findings, on the average cost on which a worker could live decently. It is incomprehensible that, even though the workers were merely demanding increase based on the government’s study and findings, they are violently dispersed—which resulted in the arrests of 23 persons, killing of four protestors and wounding of 40 others, 26 of those wounded had to under operation to removed the bullets in their bodies.
The use of obviously excessive and disproportionate force, notably the use of live ammunition, clearly demonstrates that the intention of the security forces was not only to disperse the protestors, but to kill and to cause severe injuries. In fact, based on the interviews with victims, it was the security forces that provoked the violence.
The protestors, who obviously had to defend their persons from death and injuries, were instead arrested, detained and are now prosecuted for criminal offenses on crimes which the security forces had provoked in the first place. I am of the opinion that the criminal prosecutions against these detainees is, by and large, for the purpose of suppressing the workers’ demand for minimum wage, rather than enforcing the provisions of the criminal law.
Therefore, I urge you to withdraw the criminal charges on the 23 detainees, and they be released unconditionally promptly. These detainees were only demanding from the government an increase of minimum wage.
To continuously keep them in detention and to prosecute them for demanding for increase of their wage violates Cambodia’s treaty obligations to protect the fundamental rights of its people. Their detention will also continue to be a negative example that anyone who demands better living condition could end up in prison.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Hun Sen
Prime Minister
Office of the Prime Minister
Phnom Penh
CAMBODIA
Fax: +855 23 36 06 66 / 855 23 88 06 24 (c/o Council of Ministers)
Email: leewood_phu@nida.gov.kh
2. Mr. Ang Vong Vathna
Minister of Justice
No 240, Sothearos Blvd
Phnom Penh
CAMBODIA
Fax: +855 23 364119
Email: moj@cambodia.gov.kh
3. Mr. Sar Kheng
Minister of Interior
No. 275 Norodom Blvd.
Phnom Penh
CAMBODIA
Fax/phone: +855 23 721 905, 023 726 052/721 190
Email: moi@interior.gov.kh
4. Prof. Surya Subedi
Special Rapporteur on the situation of human rights in Cambodia
No. 10, St. 302, Sangkat Boeng Keng Kang 1
Chan Chamcarmon
Phnom Penh
CAMBODIA
Fax: +855 23 212 579
Email: cambodia@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
