Working Group on Arbitrary Detention: by email at wgad@ohchr.org
Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Mr Maina Kiai: by email at freeassembly@ohchr.org
Special Rapporteur on the Situation of Human Rights Defenders, Ms Margaret Sekaggya:
by email at defenders@ohchr.org
Special Rapporteur on Torture and other Cruel, Degrading and Inhuman Treatment or Punishment, Mr Juan Mendez: by email at sr-torture@ohchr.org
Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises: by email at wg-business@ohchr.org
Working Group on Discrimination against Women in Law and in Practice: by email at wgdiscriminationwomen@ohchr.org
10 January 2014

Dear Mandate Holders,

Re: Request for joint statement and communication in respect of crackdown on workers and human rights defenders in Cambodia

The Asia Pacific Forum on Women, Law and Development (APWLD), a regional network of women’s organisations, is writing to request the mandate holders of the UN Human Rights Council’s Special Procedures to urgently issue a joint a statement regarding the violent crackdown by Cambodian security forces in early January 2014 on workers and human rights defenders, including the fatal shooting of four protestors and the ongoing detention of twenty-three protestors.

The crackdown follows weeks of protests by thousands of garment workers who have been demanding an increase in the monthly minimum wage for garment and footwear workers from USD$80 to USD$160. On 2 January 2014, protesters were met with security forces brandishing metal pipes, batons, teargas, and live ammunition. In the course of the next two days, violent clashes resulted in the deaths of four protestors, the wounding of at least twenty-one people, and the detention of 23 protestors, most of whom are young garment workers, who were held incommunicado at a remote detention facility for convicted prisoners for almost a week. A number of the detainees were in urgent need of medical care after being severely beaten during their arrest.

In addition to the unnecessary and excessive use of State force against protestors, Cambodian authorities have violated the right of garment workers and their supporters to peaceful assembly and free association. The continuing arbitrary detention of 23 protestors and the conditions of their detention constitute a further breach of the detainees’ rights. Finally, the context in which these events are taking place—ongoing peaceful protests by garment workers, the overwhelming majority of whom are women, to demand a living wage—fundamentally calls into question the Cambodian government’s commitment to workers’ internationally-protected labour rights.

We respectfully request an urgent joint statement by your offices requesting the Government of Cambodia to: immediately commence a full and independent investigation into the killing and wounding of protestors on 3 January; immediately and unconditionally release the 23 detainees; ensure that there is a full and independent investigation into their arrest, detention, and illtreatment; ensure that the right of protestors to peacefully assemble and associate is protected; and fulfil the right of garment workers to a living wage and other internationally-recognised labour rights. We further request that you consider issuing a joint communication to the Government ofCambodia on this case.

We annex the facts of the alleged violations to this letter and are ready to provide you with further information or clarify any issues relevant to this matter if needed.
Yours sincerely,

Kate Lappin
Regional Coordinator
Asia Pacific Forum on Women Law and Development

Cc:
Mr Surya Prasad Sebedi, Special Rapporteur on the situation of human rights in Cambodia
By email: urgent-action@ohchr.org; srcambodia@ohchr.org
Mr Chaloka Beyani, Chair of Coordination Committee of Special Procedures By email: idp@ohchr.org
I. Identity of the victims

Persons detained on 2 January 2014
1. Vorn Pao (M); age 38; President of Independent Democracy of Informal Economy Association (IDEA)
2. Theng Saveurn (M); age 24; Coordinator of Coalition of Cambodian Farmer Community (CCFC)
3. Chan Puthisak (M); age 40; Community leader from Boeung Kak Lake
4. Sokun Sombath Piseth (M); age 31; Staff member at Center for Labor Rights of Cambodia (CLaRi-Cambodia)
5. Chhim Theurn (M); age 26; Garment worker at Yak Jin factory
6. Yong Som An (M); age 31; Garment worker
7. Reth Roatha (M); age 20; Garment worker
8. Nakry Vanda (M); age 19; Garment worker
9. Lun San (M); age 19; Garment worker
10. Teng Chany (M); age 21; Garment worker
Persons detained on 3 January 2014
1. Chea Sarath (M); age 34; Moto-taxi driver
2. Yon Chea (M); age 17; Garment worker at Chea Sun Garment factory
3. Bou Sarith (M); age 23; Garment worker
4. Mam Piseth (M); age 23; Garment worker
5. Neup Sokhourn(M); age 23;
6. Phang Tren(M); age 24; Garment worker
7. Ry Sinoun(M); age 18; Garment worker
8. Heng Ratha(M); age 22;
9. Pang Vanny (M); age 38; Garment worker
10. Pheurn Da (M); age 29; Garment worker
11. Cheurn Yong (M); age 23; Garment worker
12. Ros Sophoan(M); age 25; Garment worker
13. Prong Sarath(M); age 26; Garment worker
II. Alleged violations
Factual background
On 23 December 2013, Cambodian garment workers unions called for a nation-wide strike to demand a living wage of USD$160 a month, which garment manufacturers—with the backing of the government—had been refusing to provide. Before the events of 2 January, the general strike, which was preceded by numerous strikes at individual factories, was peaceful and without incident.

On 2-3 January 2014, police and military units forcefully suppressed demonstrations at two locations: on National Road 4 near the Yak Jin factory in Phnom Penh’s Pursenchey district and subsequently on Veng Sreng Road. On 2 January, as workers on National Road 4 urged other workers to join the strike, soldiers from the neighbouring 911 military base were quickly mobilised to quash the protest, leading to violent clashes. The soldiers were seen brandishing metal pipes, knives, AK-47 rifles, slingshots and batons. Union leaders, monks, and striking workers were beaten and ten men were arrested.

Subsequently, workers gathered on Veng Sreng Road, a main road in Phnom Penh near Canadia Industrial Park, to block access to the road and burn tires. The road block attracted more people, including nearby residents. At 2AM on 3 January, mixed security forces attempted to clear Veng Sreng Road of protestors. Throughout the day on 3 January, around 2,000 mixed security forces clashed with protestors and fired live ammunition, threw grenades and fired tear gas. Four people were shot dead, at least thirty-nine were injured, and thirteen additional men were arrested.

On 4 January, security forces descended on Freedom Park, an area specifically designated for peaceful protest in Phnom Penh which protestors had been occupying since the national election in July 2013. Hundreds of heavily armed riot police and military police blocked the roads before moving into the Park. Armed with firearms and metal poles, they cleared the park which was predominantly occupied by monks, women and children. Security forces also dismantled some of the structures that had been set up for the use or shelter of protestors, including a stage belonging to the main opposition party, as well as a Buddhist shrine.

1. Deprivation of the right to life and the excessive use of force
Reports of local and international organisations state that security forces used live ammunition to shoot directly at protestors near the Canadia Industrial Area on Veng Sreng Road at around 10AM on 3 January while security forces were being hit with stones by protestors. No efforts appear to have been made to minimise injuries or to avoid hitting protestors, and the use of live ammunition was reportedly prolonged.

The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials requires that the use of force by law enforcement be necessary and proportional. Lethal firearms are not to be used unless their use is strictly necessary to protect life.1 Moreover, the right not to be arbitrarily deprived of life is protected under the International Convent on Civil and Political Rights, to which Cambodia is a State Party.2

2. Violation of the rights to free assembly and association
The steady escalation of tactics by Cambodian authorities to disperse protestors began on 2 January with the unprecedented deployment of a military unit to a demonstration and culminated two days later in the deaths of at least four protestors and the clearance of Freedom Park, which was previously designated specifically for the purpose of protests.

The right of peaceful assembly and to freedom of association is protected under international law3 and is enshrined in ILO Convention no. 87 on Freedom of Association and Protection of the Right to Organise, which Cambodia has ratified. The targeting of trade unionists for arrest and abuse clearlybreaches Cambodia’s obligation under the ILO Convention to take all necessary and appropriate measures to ensure that workers and employers may freely exercise their right to organise. 4

3. Freedom from arbitrary detention and the prohibition of cruel, inhuman or degrading treatment
Ten men were arrested on 2 January during clashes between security forces and striking workers in front of Yak Jin factory on National Road 4. They were initially held at the neighbouring 911 military base. On 3 January, they appeared before Phnom Penh Municipal Court and were charged under articles 218 and 414 of the Penal Code (intentional violence with aggravating circumstances and intentional damage with aggravating circumstances).

On 3 January, thirteen additional men were arrested near Canadia Industrial Park on Veng Sreng Road. They were charged on 4 January under the same provisions of the Penal Code. All 23 men face up to 18 months of pre-trial detention and up to 5 years imprisonment, as well as fines that may range between USD$1,000-$2,500.

Family members, lawyers, and independent medical professionals were initially denied information about the location of the facilities in which the 23 men were detained. This was extremely concerning given that one of the detainees is a juvenile (17 year-old Yon Chea) and a number of the detainees were severely beaten during their arrest and in urgent need of medical care. Most prisons in Cambodia lack basic medical facilities and amenities. On 8 January, LICADHO was informed that the detainees were being held in Correctional Centre 3 (CC3) in Kampong Cham province. CC3 has particularly harsh conditions and is in a remote location that is difficult to access. Further, until now CC3 has held only convicted adult prisoners. LICADHO’s medical team was allowed to treat the 23 men at CC3, and the Director of CC3 informed one of LICADHO’s doctors that a number of men may be removed to CC4 prison on 9 January. CC4 prison is also a remote facility for convicted prisoners and resembles a labour camp.

The treatment of the detainees constitutes arbitrary detention and violates international standards. The denial of access to legal representation and the incommunicado nature of their detention fails to accord due process to the detainees.5 The possibility that the detainees are being held in facilities with convicted persons and that a juvenile is being held with adults is also in breach of international principles.6 Finally, keeping the detainees in conditions where they were deprived of essential medical treatment and kept in ‘secret’ detention may amount to cruel, inhuman or degrading treatment.

4. Ongoing harassment of human rights defenders
Three of the men detained on 2 January are well-known human rights defenders: Vorn Pao, the President of Independent Democracy of Informal Economy Association (IDEA); Theng Saveurn, the Coordinator of Coalition of Cambodian Farmer Community (CCFC); and Chan Puthisak, a community leader from Boeung Kak Lake. Further, on 6 January, five high-profile women land rights activists.

5. Discriminatory impact on women
While the garment workers who have been detained in connection to the recent crackdown are all men, the ability of garment workers to freely organise and negotiate the terms of their employment, including their wages, is fundamentally determinative of Cambodian women’s enjoyment of their political, social, and economic rights. Women make up over 90% of the approximately 700,000 workers in Cambodia’s garment industry and comprise a large proportion of Cambodia’s working poor.

The current dispute in which garment manufacturers have steadfastly refused to raise the minimum wage from approximately USD$80 a month—half of the living wage—is illustrative of the vulnerability of workers and the relative power of the industry. Like other garment sectors in the region, the perception that only cheap, highly flexible labour is competitive has placed women in an increasingly precarious position. In Cambodia, women are increasingly subject to short, fixed-term contracts that forces them to work longer hours to earn sufficient income. With respect to wages, even with the support of unions and a finding by a government working group that the minimum wage should be raised to above USD$150, the preference of international investors to keep wages low has prevailed. If protests for better working conditions can be unlawfully suppressed by the government without any accountability, the likelihood that Cambodian women will enjoy decent work and a living wage becomes even more remote.

6. The responsibility of businesses to respect human rights
On 7 January 2014, a letter from the Korean government to its citizens in Cambodia, conveyed through the Korean Embassy, indicated that Korean garment manufacturers were fully aware that the Cambodian government was preparing to intervene to resolve the strikes. Moreover, it suggested that Korean business representatives spoke to the Cambodian military about taking extra measures to protect Korean companies.

The reliance by Korean businesses on Cambodian military police to resolve protests would be in clear conflict with the responsibility of businesses to respect human rights and to exercise due diligence around the possible human rights implications of their actions.8

III. Alleged Perpetrators
Individual officers working for the Cambodian civilian and military police are responsible for the death and injury of striking workers. Cambodia’s political, legal and judicial authorities are responsible for the strategy of suppressing freedom of assembly and association, targeting human rights defenders, and the arbitrary detention of the 23 detained men.

IV. Information on Organisations Submitting this Request
APWLD is membership-driven network in the Asia Pacific dedicated to the promotion and protection of women’s human rights. It has 180 members representing organisations and groups of diverse women from 25 countries in the region. APWLD has UN ECOSCOC status.

 

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1 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990, U.N. Doc. A/CONF.144/28/Rev.1 at 112 (1990), [9].
2 International Covenant on Civil and Political Rights, art. 3.
3 International Covenant on Civil and Political Rights, arts. 21, 22; ILO Convention on the Right to Organise and Collective Bargaining (1949), art. 2.
4 ILO Convention no. 87 on Freedom of Association and Protection of the Right to Organise, art. 11.
5 International Covenant on Civil and Political Rights, art. 14; Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment, Principles 17-19.
6 International Covenant on Civil and Political Rights, art 10(2); Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment, Principle 8; UN Rules for the Protection of Juveniles Deprived of their Liberty, Rule 17.
rights activists were temporarily detained while participating in a peaceful protest in support of the detained workers.7 They were released after signing documents promising that they will notify the Phnom Penh Municipality about future protests.
7 See LICADHO’s press release dated 6 January, 2014: http://www.licadho-cambodia.org/pressrelease.php?perm=336
8 UN Guiding Principles on Business and Human Rights, Part II.