Friday, May 2, 2014

Illegal Security Guards destroy Democratic in Cambodia

Illegal Security Guards destroy Democratic in Cambodia 

On July 28, 2013 was historical event in Cambodia which people braved to fight for their freedom and they also had movement to protect their vote through observation and monitoring the election process. Some villagers were standing from the begging of open office of election process till counting vote. The social media post many irregular voting processes by accusing that the Vietnamese people had rights to vote but the Cambodian people banned them to entrance to the office of election station. At the end of Election Day, there was serous violence happening at Stung Meanchey bridge which people accused the staff of National Election Committed (NEC) biased to rule party, which called Cambodian People Party (CPP). At least a police van had been burnt and many people got injure and arrested. The people who favored Cambodian National Rescue Party (CNRP) were not happy with the election process and they demanded the NEC to vote again. They started to protest on the street. However, they were dispersed by the authorities.

Source from facebook: the irregular voting process in Cambodia on July 28, 2013

At the night time of date day, the preliminary result of election had been broadcast by National TV and other channel. It’s seen that the majority of provinces were covered by CNRP. However, the final result had been announced that CPP won 68 seats and CNRP had 55 seats. CNRP members were not happy with the result and they started to provoke their members to do demonstration to demand to re-election and counting again. They also demanded to reform and change the member of NEC which was accused to favor to CPP. In December, the people movement started increasing from day to day which made Hun Sen had got headache. The garment factory workers also started to demand the minimum wage from $65 to $160 per month. Most of CNRP supporter are garment factories workers and the poor who were suffered by land grabbing and force eviction without paying suitable compensation. At the end of December 2013, more than ten hundred thousand people were gathering and marching everyday and the government started to ban some main road which arose people got anger because they were difficult to access their home. The people were not happy with road blockage and they moved barricade from the road which caused police to fire and kill a man who travel along the road to his home after he left from work place. He was shot on his head on the Kbal Knal sky bridge.  The government leader started saying that the demonstrators must attention with third arm person (it's might referred to another group will create trouble thing against peaceful demonstration). Since then, the security guard which wear helmet and mash staring fighting and beating the innocent demonstrators. Paratrooper No.911 started crackdown the hug factory worker movement at Yak Jin and Canadia factory.  As result, on January 2 and 3, the military started gunning workers and killed at least 4 people and more than 30 people got minor and serious wound. The military also arrested 23 people but two men were released because of under age and not involving with the protest.  The Freedom Park was occupied by hundred thousand of CNPR had been dispersed and destroyed the camp on January 4.

Source: Phnom Penh Post. The man who supported by military, carried the iron pipe, hit Vorn Pov head during the military crackdown the peaceful demonstration on January 2, 2014.


The third arm persons are given privilege to fight and beat any persons who joined or stood nearby the peaceful demonstration. Such security guard always carry baton and iron stick to fight and beat the innocent persons. The guards are supported by police and local authorities. They have rights to arrest and beat anyone on the streets who join in the demonstration square. 


On May 1, 2014 Phnom Penh security guard beat innocent people who join the peaceful demonstration. Frequently this group has special authority to kill people.

Source from Social Facebook: Video the activity of Phnom Penh security guard  beat motorcyclist who attended a  peaceful demonstration near Freedom Park on May 1, 2014 during the International Labor Day .

Why do security guards have right to fight and beaten people without accusing illegal action? Do security guards have special provision to protect their activities?

We will review some exist regulations to understand the role and responsibilities of security guard:

1.      Constitution: It doesn’t say any which relate to security guard. However, the constitution states general principles concerning to personal or individual security. Upon the article 38 said “the law prohibits all physical abuse of any individual. The law protects the life, honor and dignity of citizens. No person shall be accused, arrested, or detained except in accordance with the law. The coercion, physical ill-treatment or any other mistreatment which imposes additional punishment on a detainee or prisoner is prohibited. Persons who commit, participate in or conspire in such acts shall be punished according to the law…” Article 32 (1) stipulated “Everybody shall have the rights to life, freedom and personal Security”. It mean that no one can harm other one.  Article 37 “The rights to strike and to organize peaceful demonstrations shall be implemented and exercised within the framework of law.”

2.      Law on Peaceful Demonstration in 2009: It states clearly assured freedom of expression of Khmer citizens through peaceful assembly, but this right shall not be used abusively affecting the rights, freedoms and honor of others, good customs of the national society, public order and national security.  The scope of implementation of this law extends to all peaceful gatherings or marches for demonstration in the Kingdom of Cambodia, but it shall not be applicable to:
1. Meetings or gatherings or marches during the electoral campaign rallies;
2. Gatherings inside or outside, adjacent to the fence of a factory or enterprise or other institution in regard to labor disputes, which is covered by the labor law;
3. Parades, funeral processions and other gatherings for the purposes of serving religion, art, culture, national customs and tradition, and educational dissemination activities for social interests.
Upon the Article 17 “Competent authorities shall take measures to protect the peaceful demonstration ensuring the security safety and public order and shall not interfere with the conduct of the peaceful assembly.”  And Article 19 “Competent authorities designated to maintain security, safety and public order at venues of peaceful assembly shall wear proper uniforms and display name plates and identity codes on the front parts of their uniforms and shall adhere to the attitude of absolute patience.

Who is competent authorities?
The competent authority is referred to police and gendarmerie officer (article 15) to protect and prevent any violence happening. Out of these persons cannot be treated as competent authority. However, if any crime is happening, any people can catch the suspect without need to display the court warrant (article 87 “Arrest of Offenders in Flagrant Felony or Misdemeanor Cases” of Criminal Code Procedure).

Do Security Guard as Civil Servant?
Upon the content of Law on General Status of Civil Servant in 1994 state clearly that any one wants to be Civil Servant shall be selected through competition of examination (article 11 and 14). However, this group doesn’t apply for this item.
Criminal Code, 2009: Article 30 “Definition of Public Officials, Citizens Entrusted with Public Mandate through Elections”

1.      Public officials mean:
    1. persons who work in legislative, executive or judicial institutions who are appointed by legal instruments either permanently or temporarily with or without remuneration regardless of their status or age;
    2. other persons who work in public functions, including public agencies or public enterprises and other public institutions that are stated in the laws of the Kingdom of Cambodia.
2.      Citizens who are entrusted with public mandate through elections ie senators, members of National Assembly, commune/Sangkat councillors and citizens who are entrusted with public mandate through elections to perform other public functions.

If we look at the Code of Conduct for Enforcement Official which adopted by UN General Assembly resolution 34/169 of 17 December 1979, explained that  
 Article 1
Law enforcement officials shall at all times fulfil the duty imposed upon them by law, by serving the community and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession.

Commentary :

( a ) The term "law enforcement officials", includes all officers of the law, whether appointed or elected, who exercise police powers, especially the powers of arrest or detention.

( b ) In countries where police powers are exercised by military authorities, whether uniformed or not, or by State security forces, the definition of law enforcement officials shall be regarded as including officers of such services.

( c ) Service to the community is intended to include particularly the rendition of services of assistance to those members of the community who by reason of personal, economic, social or other emergencies are in need of immediate aid.

( d ) This provision is intended to cover not only all violent, predatory and harmful acts, but extends to  the full range of prohibitions under penal statutes. It extends to conduct by persons not capable of incurring criminal liability.
Article 5

No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment.

Commentary :

( a ) This prohibition derives from the Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly, according to which:

"[Such an act is] an offence to human dignity and shall be condemned as a denial of the purposes of the Charter of the United Nations and as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights [and other international human rights instruments]."

( b ) The Declaration defines torture as follows:

". . . torture means any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners."

( c ) The term "cruel, inhuman or degrading treatment or punishment" has not been defined by the General Assembly but should be interpreted so as to extend the widest possible protection against abuses, whether physical or mental.

In conclusion, the current Security Guard are destroying the democratic in Cambodia. They violate the constitution and international laws. Upon the exist laws and regulations, the group of Security Guard don’t have any authority to fight, kick or beat anyone during the peaceful demonstration. Furthermore, the persons who initiated to create this group wanted Cambodia walk away from the democratic arena. S/he has intention to commit the crime therefore according to Article 28 of Criminal Code, s/he is instigator of a felony or a misdemeanor. The person who is instigator Must be responsible the crime happened.


In addition, the Security Guard who commit crime also Must be punished by the Criminal Code. They are penetrator article 25 of Criminal Code.

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 Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and information regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means. If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Facebook: http://www.facebook.com/law.cambodia If you want to join with group to discuss law please link here: http://www.facebook.com/groups/405507152815204/ Welcome all comments on this blog ព្រឹតិ្តបត្រច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយ ទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀតឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់ នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕

Wednesday, April 9, 2014

Cyber bill raises concerns

An internet user reads political commentary on a website in Chamkarmon district
An internet user reads political commentary on a website in Chamkarmon district.Scott Howes

Source from Phnom Penh Post 

Cyber bill raises concerns

Cambodia's highly secretive draft law on cybercrime, which has never been released publicly, seeks to criminalise online content that “slanders or undermines” government agencies, ministries or officials or affects “political cohesiveness”, a copy obtained by the Post reveals.
The law, which was first announced in May 2012 to the trepidation of many netizens, is supposed to be passed this mandate. But the government has thus far ignored calls from civil society groups to release a draft for consultation.
Article 19, the London-based freedom-of-expression advocacy group that obtained an English-language version of the draft law, said that it falls “well below international standards” on freedom of expression, information and privacy, and if passed could see “Cambodia’s currently free online space [backsliding] into the country’s deep-seated culture of secrecy and self-censorship”.
Article 28 of the 16-page draft law, labelled “draft V.1” and developed by the Cybercrime Law Formulation Working Group of the Council of Ministers, stipulates offences related to online content and publications.
It proposes criminalising content that is deemed to “hinder the sovereignty and integrity” of Cambodia; publications that “incite or instigate the general population that could cause one or many to generate anarchism”; publications that “generate insecurity, instability, and [affect] political cohesiveness”; and any publication deemed “to be non-factual which slanders or [undermines] the integrity of any government agencies [or] ministries”.
All these offences are punishable with one to three years in prison and a fine of between two million and six million riel ($500 to $1,500), the draft law stipulates.
More than four million Cambodians were using the internet, including on mobile telephones, as of December 2013, according to government data, an increase from 2.7 million in late 2012.
“The Draft Cybercrime Law has been formulated behind closed doors for far too long. With a version of the Draft Law released, the authorities can no longer deflect the legitimate concerns of the national and international human rights community,” Thomas Hughes, Article 19’s executive director, said in a statement.
The provisions in Article 28 of the draft law, which also address “publications deemed damaging to the moral and cultural values of society”, need to be entirely removed, because they are “extremely vague and open to abuse”, the group said.
Council of Ministers spokesman Phay Siphan yesterday said he would not comment on an “unofficial document” in order to avoid “manipulating anything”.
“Once they pass it, after it’s been reviewed in the Council of Ministers and passed by the cabinet and then sent down to the National Assembly, then we can talk,” he said. “You remember this is an illegal document. So [we] don’t touch it until it comes up.… It is government property [and] it’s not official yet.… It’s a problem if people leaked this to you. It’s not supposed to be leaked to anyone.”
Siphan added, however, that a number of offences listed in the draft cyber law were based on existing offences in the criminal code.
When the law was announced in May 2012, Council of Ministers spokesman Ek Tha said it would be designed to “prevent any ill-willed people or bad-mood people from spreading false information [and] groundless information”.
Minister for Information Khieu Kanharith has stated several times, including in February, that despite social media being “complex” for the government to deal with, there were no plans to restrict access.
He did not respond to requests for comment yesterday.
Chem Sangva, director of the inspection department at the Ministry of Posts and Telecommunications, referred questions to Minister Prak Sokhon, who could not be reached.
The provisions in the draft law were “extremely worrying” for freedom of expression, Cambodian Center for Human Rights executive director Chak Sopheap said yesterday.
“It’s not hard to imagine how terms such as ‘political cohesiveness’ may be used to silence anyone who disagrees with the government and ruling party, and stand directly against the constitutional guarantees of free speech,” she said.
The draft law, if passed, would see the establishment of a National Anti-Cybercrime Committee, with senior officials from its general secretariat given judicial police powers to investigate and make arrests.
Given that the committee will predominantly be made up of high-ranking government officials, “the lack of adequate definitions and preciseness in the law is especially concerning”, Sopheap said.
Aside from online content, other offences listed in the draft law include child pornography, illegal access to systems – which encompasses hacking, data theft and espionage – and computer-related fraud.
The past year has seen a surge in cyberattacks in the Kingdom, with Anonymous Cambodia, the local chapter of the global “hacktivist” collective, defacing several government websites following the July election.
According to Article 19, some penalties under the draft cyber law are harsher than their criminal code equivalents.
“Offences conducted online should not carry heavier penalties than that of crimes conducted offline,” the group said in its statement.
It also notes that prosecutors are “granted extremely broad powers to order the preservation of computer data or traffic data” from internet service providers under the draft law, which is “very worrying given the intrusive nature of such measures and that prosecutors lack the independence necessary for the proper balancing of the various interests involved”.
Included in its provision for content deemed damaging to moral and cultural values, the draft cyber law states that any “drawings, pictorials, or pixilation that [are] deemed to slander or defame human beings or commoners of the state performing activities unbecoming, with animals of any species” are punishable with imprisonment and heavy fines.
“[Members of the government] are angry with [people who insult them online],” lawyer Sok Sam Oeun, head of the Cambodian Defenders Project, said.
“In our society, they don’t like mocking; you can see in the Press Law it’s also the same. We cannot use cartoons for example, so now, mostly people from outside [the country] do that.”
A number of overseas-based pro-opposition blogs and websites that often contain commentary ridiculing senior Cambodian People’s Party figures and lambasting political influence from Vietnam in derogatory terms have been occasionally targeted by the government in recent years.
Perhaps in line with this, the draft law stipulates clearly that its scope includes offences committed outside Cambodia that affect individuals within Cambodia and the “interests” of the Kingdom.
Prominent blogger and social media consultant Kounila Keo yesterday said the “sinister ambiguity of provisions” in the draft law relating to online content would “create a chilling effect for freedom of speech and expression” if they remain when the law passes.
“If there is any truth to the provisions that [I have seen], we are clearly heading on the path towards increasing government control over thought and speech,” she said.
ADDITIONAL REPORTING BY VONG SOKHENG

Wednesday, January 8, 2014

Cambodia could be a headache for apparel companies in 2014

Source from http://www.marketwatch.com

January 7, 2014, 1:12 PM
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Cambodian soldiers patrol along a street in Phnom Penh on January 4, 2014.
Cambodia’s garment industry could be a headache for apparel companies this year.
After a deadly Cambodia government crackdown on garment-worker protesters last week, apparel retailers and manufacturers from Gap Inc. GPS  to H&M sent an open letter to the government calling for all sides to resolve their dispute over the minimum wage peacefully.
The letter, addressed to the country’s Prime Minister Hun Sen, the Garment Manufacturers Association and several trade unions,  expressed “deep felt concern over the tragic events that took place on” Jan. 3, when the government’s crackdown reportedly killed at least four people and injured more than 30.
“It is with great concern that we have observed both the widespread civil unrest and the government’s use of deadly force,” the letter said. “Our primary concerns are for the security and safety of the workers employed by our suppliers and the long-term stability of the Cambodian garment industry.”
Zara parent Inditex, Levi Strauss & Co., Puma, Adidas ADDYY s, and Columbia Sportswear Co. COLM +0.03% also signed the letter. The companies said they “endorse and support the development of a regularly-scheduled wage review,” which they said is fundamental to peaceful wage negotiations in the future. They also pledged commitment to Cambodia and its long-term economic development.
The violent crackdown took place after garment workers rejected the government’s offer of a $15 monthly wage increase to $95 on Dec. 24 and a subsequent offer to increase wages to $100 a month as the workers called for a wage increase of $160 a month, Women’s Wear Daily reported.
The Asia Floor Wage Alliance, a group of trade unions and labor rights activists, estimates that a living wage for Cambodian garment workers should be $283 per month, the Wall Street Journal reported, adding the garment industry is the country’s largest export business, employing about 600,000 mostly female workers in about 800 clothing and shoe factories.
“Employers in the garment sector, a $5 billion annual export industry which increased production by over 20% last year, have been resisting attempts to improve and enforce labor laws and to publicly expose companies which breach the law,” said an international labor coalition that includes IndustriAll Global Union.
The country’s Garment Manufacturers Association told Women’s Wear Daily the brands are “listening to only one story,” and challenged the Western companies to show their commitment by continuing to place orders in Cambodia despite the industrial action and to increase their buying price by 15% to address the wage increase instated earlier in May, from $65 to $80.
The latest death toll from Cambodia highlights yet another complication challenging Western apparel companies as they are often forced to compete on price and lure customers in what is described as a race to the bottom. Western apparel sellers inked different initiatives last year to improve worker safety in Bangladesh in the wake of a garment factory collapse that killed more than 1,100. Bangladesh, whose nearly $20 billion apparel industry makes it the No. 2 garment exporter behind China, in November said it will raise the minimum wage for its garment workers to $68 a month from $38, according to media reports.
Cambodia’s apparel industry suffered estimated losses of more than $250 million in sales and investment during the nearly two-week nationwide strikes, Women’s Wear Daily reported.
– Andria Cheng

Tuesday, January 7, 2014

Military Police Deny Their Bullets Killed Five Protesters

Source from Cambodia Daily 


A spokesman for the military police said Monday that there would be no investigation into the killing of five stone-throwing protesters and the wounding of more than 20 on Friday in Phnom Penh’s Veng Sreng Street, and that the military police had behaved “ethically” when they opened fire.
Brigadier General Kheng Tito said military police—who were witnessed firing AK-47 assault rifles and killing and wounding protesters on official orders—were “very ethical.”
Brig. Gen. Tito also claimed that it was unclear who had shot the five protesters.
“We never shoot at a target to take a life,” he claimed, adding that although the military police were armed, they did not aim at, or shoot to kill.
“So, we don’t know who killed them,” he claimed.
Both the police and military police have issued similarly incredulous denials of killing protesters in the past.
When a woman bystander was shot dead by police gunfire in the Stung Meanchey area during a clash with stone-throwing protesters in November, the police denied their bullets were responsible. And, near the Monivong Bridge in September, the police and military police also denied their bullets killed another bystander during a stone-throwing incident.
Neither of those killings have been investigated, and Brig. Gen. Tito said that the military police officers who opened fire on Friday would not be investigated for the five deaths and more than 20 injured on Veng Sreng Street.
Protesters, however, who threw rocks at military police, would be investigated, he said.
“An investigation will be made just to find the persons who caused violence and to find the inciters,” he said. “If an investigation is needed, it will be for finding the ringleaders.”
Brig. Gen. Tito also said that about 30 military police had been slightly injured by the stone-throwers, who also burned wooden tables and pallets at makeshift barricades, and had attempted to make and thrown Molotov cocktails.
“A total of 30 military police were injured, but with minor injuries, but there were a lot of police who got serious injuries,” he said.
He added that a “Phnom Penh military police organization” would cover the medical expenses of the slightly injured officers, while the families of injured protesters would be expected to foot their own bills.
“Humanitarians who felt sympathy for the injured military” had also donated money toward their medical expenses, Brig. Gen. Tito said, declining to say who or how much.
On Friday, the Cambodia Express News reported that former Phnom Penh governor and current CPP lawmaker Kep Chuktema gave about 1 million riel (about $250) to badly injured police and about $125 to those with minor injuries.
Chin Thav, a Royal Cambodian Armed Forces soldier based in Kompong Speu province, said that his 19-year-old brother-in-law, Hoeun Kan, a garment worker, remains at Preah Kossamak hospital after being shot in the thigh by the military police.
“Garment workers are poor, so the government that ordered the armed forces to open fire on garment workers should help cover medical expenses for them,” he said.



Cambodian troops beat up garment workers campaigning for living wage

Source from http://observers.france24.com/content/20140102-cambodian-troops-striking-garment-monks


Garment factory workers were joined by monks to protest for a higher minimum wage. Photo by Moses Ngeth. 
After two weeks of unprecedented strikes by garment factory workers, Cambodian authorities launched a crackdown on Thursday, sending in troops in riot gear to violently disperse protesters. Witnesses report that dozens of people were injured, including monks who had come out to support the factory workers. Our Observer says that Cambodian workers are shockingly underpaid to make clothing for large Western brands.
For months now, the Cambodian opposition has been calling for new elections, after alleging voter fraud in last July’s election, in which long-ruling prime minister Hun Sen was re-elected. The main opposition party, the Cambodia National Rescue Party (CNRP), has courted the country’s approximately 400,000 garment sector workers by promising that they would double the minimum monthly wage from the equivalent of 80 US dollars to 160 dollars (58 to 116 euros). On Tuesday, the government announced they would raise the minimum wage, but only by 15 dollars. This outraged the garment sector unions, who rallied to the opposition and launched a massive strike.
Cambodia’s garment sector is worth about 3.6 million euros. It is the country’s largest employer, and its biggest source of much-needed foreign income.
A group of protesters face off with soldiers in riot gear. Photo by Moses Ngeth.

“The current wages for garment factory workers are not sustainable”

Mory Sar is a human rights activist and the vice president of the Cambodian Youth Network. He went to Thursday’s protest to monitor the situation.

Garment workers went out to protest in front of Yak Jin factory a few miles out of Phnom Penh this morning [whose clients include GAP and Walmart]. Quite a few monks came out in solidarity. But then a confrontation broke out with the troops who had been dispatched to the scene. [According to AFP, some witnesses reported that this started when a few people threw stones toward the troops.] The soldiers started hitting protesters with clubs quite viciously. One monk was beaten so badly he wound up in the hospital. Meanwhile several monks and protest leaders were taken into detention.
A monk being treated in the hospital following Thursday morning's clashes between protesters and soldiers. Photo by Moses Ngeth, an activist with the Community Legal Education Centre. 
“Monks are highly respected in Cambodia; the authorities don’t want more of them joining the protests”
I wasn’t surprised by this violence: we were expecting a crackdown, because the authorities said that starting tomorrow [Friday], workers would be forced to go back to their jobs. I was quite appalled to see that soldiers were brought out to do the police’s job, and used such force. [The use of a special military command unit in such a situation is unprecedented and “signals a disturbing new tactic by the authorities”, according to a statement by the Cambodian League for the Promotion and Defense of Human Rights]. The fact that they lashed out at monks is shocking, but I believe this is strategic: monks are highly respected in Cambodia, and the authorities don’t want more of them joining the protests.
Monks forming a human chain between garment workers and troops on Thursday afternoon. Following the morning's crackdown, protesters blocked roads. Photo by Moses Ngeth.
“The protests won’t die down just yet”
However, I don’t think the protests will die down just yet. All of those protesting are saying that they’ll be back out in the streets tomorrow, because now, they no longer have just one demand – a higher minimum wage – but two: a higher minimum wage and the release of their arrested leaders.
Moreover, the protesters know that what they’re asking for is reasonable. Doubling their wages may sound like a lot, but they are drastically underpaid to begin with. The cost of everything has increased over the past few years – renting a house, electricity, goods in the market… all of it. Economists have calculated that 160 dollars is just enough for workers to live decently – to eat, to pay for their children’s studies, to pay for health care, very basic things like that. If the minimum wage was 160 dollars, that would still make labour here quite cheap compared to most countries in the world, not to mention that taxes are quite low. So none of the protesters are worried about the factories closing and moving elsewhere.
Currently, garment workers have to work tons of overtime to make ends meet. Most of these workers come from rural areas, and have to support families back home. The current wages are simply not sustainable.

Denunciation of government deadly crackdown on Phnom Penh demonstration


Last Update 6 January 2014

The Cambodian authorities’ use of lethal force against striking workers on 3 January in Phnom Penh has been condemned by FIDH and its member organizations ADHOC and LICADHO. The three organizations also express their serious concern over the authorities’ crackdown on anti-government protesters and the judicial harassment of opposition leaders.

“The killing of demonstrators by government authorities is totally unacceptable,” said FIDH President Karim Lahidji. “The government must use dialogue, not guns and batons, to address workers’ demands and to deal with political dissent,” he added.

On January 3, security forces attacked striking workers at Canadia Industrial Park, in southwest Phnom Penh. The area is home to numerous garment factories that make clothing for global brands. After unsuccessful attempts to clear the striking workers from a road they had been blocking, clashes escalated and police opened fire on the workers. At least four workers were killed and more than 20 suffered bullet wounds. Police also detained at least 13 people.

Tens of thousands of garment workers in Phnom Penh began strikes and protests in late December to demand that the government increase the monthly minimum wage for garment and footwear workers from US$80 to US$160. On December 31, 2013, the Cambodian Labor Ministry announced that the minimum wage would be raised to US$100 per month in February, 2014.

The January 3 deadly crackdown followed an attack on striking workers a day earlier outside a garment factory in Phnom Penh’s Pursenchey District. Soldiers from Special Command Unit 911 attacked the striking workers with batons and injured 20 people. Soldiers also detained 15 people, including eight workers, five monks, and human rights defenders Vorn Pov and Theng Savuen, President of the Independent Democracy of Information Economic Association (IDEA) and Coordinator of the Coalition of Cambodian Farmer Community (CCFC) respectively. Ten of those arrested on charges of committing acts of violence and causing damage under Article 218 and 414 of the Criminal Code. Although the court originally stated that the arrestees would be detained in Phnom Penh’s Correctional Center 1 (CC1), they never arrived and authorities hid their actual location for two days. Instead of being sent to CC1, the arrestees were transported to Correctional Centers 3 and 4, which are located outside of Phnom Penh. Some had been brutally beaten during their arrest and were in urgent need of medical care.

“The deployment of military units and the use of lethal force to suppress workers’ legitimate right to strike are extremely troubling,” said ADHOC President Thun Saray. 
“The government must launch a quick, thorough, and independent investigation into the 3 January killings and hold those responsible accountable. Authorities must also immediately release workers, monks, and human rights defenders who have been arbitrarily detained in connection with the protests,” Mr. Saray urged.

The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require that the use of force is subject to the requirements of necessity and proportionality. Specifically, the Basic Principles state that firearms shall never be used unless “less extreme means are insufficient.” In addition, whenever the use of force and firearms is unavoidable, law enforcement officials shall “respect and preserve human life.”

In addition, the ILO interpretation of its Freedom of Association and Protection of the Right to Organize Convention (Convention No 87), which Cambodia has ratified, stated that “no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike.”

At the same time as its violent response to the workers’ strikes, the Cambodia government also cracked down on opposition leaders and peaceful anti-government protests.

On January 3, the Phnom Penh Municipal Court summoned Sam Rainsy and Kem Sokha, the leaders of the main opposition party, the Cambodia National Rescue Party (CNRP), to appear for questioning on January 14. The court said the two would be questioned about their alleged involvement in inciting people to commit crimes and committing acts that led to social unrest.

On January 4, riot police dispersed about 1,000 anti-government protesters from Freedom Park in central Phnom Penh. Police armed with batons and thugs wearing civilian clothes beat and chased protesters, including monks and women, from the protest site and destroyed stages and other structures, including a Buddhist shrine. Anti-government protesters had camped at Freedom Park since mid-December to demand that Prime Minister Hun Sen step down and call new elections.

“The authorities have responded to peaceful anti-government demonstration with violence,” said LICADHO Director Naly Pilorge. “It is obvious that the government has used the workers’ protest as a pretext to clamp down on it political opponents,” she added.

On January 4, Phnom Penh Municipal Governor Pa Socheatvong banned the CNRP from holding any protests in the capital “until the security situation has returned to normal.”

“A sweeping, indefinite ban on political protests is unlawful and unmotivated,” said Ms. Pilorge. ”The government should tolerate peaceful dissent and end the ongoing harassment of its political opponents,” she urged.

Sunday, January 5, 2014

MILITARY POLICE ARE KILLING THE CAMBODIANS WHO MAKE YOUR CLOTHES

Source from http://www.vice.com/en_uk/

By Nathan A Thompson
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2 points on reddit
An injured man is carried from the scene of the clashes in Cambodia this morning (photo by Thomas Cristofoletti / Ruom)
Four people were killed and 21 more were injured in Cambodia this morning, when police opened fire with AK-47s into a group of protesters. The deaths come after months of tension and escalating violence between the authorities and garment workers who are demanding higher wages.
Things came to a head on Thursday evening, when a police battalion in Phnom Penh were beaten back from an apartment block that had been seized by protesters during a day of demonstrations. By this morning, the military cops were engaged in a standoff on Veng Sreng Boulevard – one of the main roads out of the Cambodian capital – and the makeup of their opponents was a curious one. The factory workers, 90 percent of whom are women, had at some point been replaced by groups of metal pole and machete wielding young men, gathered together behind rows of Molotov cocktails.
At some point, the military police chose to respond to a barrage of rocks, bricks and petrol bombs with gunfire. A nearby clinic that had refused to help the injured was ransacked. One of the injured was a pregnant woman who had been trying to escape the chaos.
Protesters block the road in November
The tragic scenes come after several months of strikes by workers at the SL Factory, which supplies Western chains with clothes. The SL workers' own strike ended on the 22nd of December, just in time for them to join a nationwide strike on Christmas Day. The deaths this morning weren't the first. A protest in November saw an innocent bystander – a food vendor named Eng Sokhom – killed by a stray police bullet to the chest, with a further nine getting wounded and 37 arrested. The crackdown actually started last August, when 19 union members were fired and SL Factory shareholder, Meas Sotha, brought his private guards into the factory for "security".
Though the 19 workers were later reinstated, clearly that didn't do much in terms of quelling the rage felt by SL's employees.
The SL garment factory
The aggro isn't confined to the SL Factory. The Garment Manufacturers Association of Cambodia (GMAC) estimates that over a quarter of working days in the last two years have been lost due to strikes. I lost a working day last May when I found my road home blocked by three enormous concrete pipes that had been dragged into place by cheering, pyjama-wearing factory workers (pyjamas are acceptable daywear in Cambodia).
While men on scooters tried to circumnavigate the blockade by slipping and sliding through a drainage ditch, I stopped and talked with those involved. I found a story that would repeat itself at the gates of factories throughout Cambodia – the workers said they needed higher wages but the bosses said they could not afford to pay them. Both agreed that the onus was on Western chains to pay more for the garments they were buying.
Inside the SL garment factory
Cambodia’s clothing industry makes up 80 percent of the country's exports and employs 400,000 people, with an estimated 300,000 more working in supporting roles. Almost all are young, female and poor. As a result, rural Cambodian villages are devoid of school-leavers as they get absorbed into the industry. It's a punitive cycle. I lived in a Cambodian village and noticed the older girls from my English class kept disappearing. “Where’s Srey Neung?” I would ask, to give an example. “She’s gone to work in a factory," would come the typical reply.
Srey Neung, like many her age, now works 60 hours per week in order to send the equivalent of £18 home to her family. She’s relatively lucky to be starting work in 2013. Ten years ago, the situation for workers was atrocious. Rina Roat started her working life in the factories back in 2003. She told me that her basic salary was £27 per month. She had to work up to 20 hours a day including overtime to support herself. She suffered from depression and exhaustion but was too afraid to complain in case she lost her job. She's now an entrepreneur but her hands remain thick with scar tissue from years spent tending to the machines.
Since Rina’s day, there have been small improvements. The minimum wage per month hasincreased from £27 to £48 between 1997 and 2013. But is this enough to cover the cost of living? Joseph Lee, Director of SL Factory, told me that the minimum one of his workers needed to survive is £35 per month – that’s if they shared a tiny room with four others, ate only super-cheap Ramen noodles and commuted in overstuffed cattle trucks.
That’s nowhere near enough, said Ath Thorn, the president of the Coalition of Cambodian Apparel Workers Democratic Union (CCAWDU). He pointed out that Cambodia’s Ministry of Labour found that garment workers needed at least £95 per month to cover the cost of living. This kind of bickering between factories and unions is typical and often results in protests and violence. 
Joseph Lee, Director of SL Factory
Joseph Lee says this year has been the worst he can remember. He told me that his driver was left half blind after a clash between strikers and security staff at the factory on the 1st of November. The driver was trying to escape the ruckus when a ball bearing was fired from a slingshot. It exploded his eyeball on impact. Lee also alleges that a worker who didn’t want to join the protest was hit by a brick on his way to work. “He used to be the most handsome man in the factory but not any more,” Lee explained. “I want to increase wages but how can I when the buyers keep pushing me to reduce my price?”
One buyer has taken some responsibility. H&M have chosen two factories in Bangladesh and one in Cambodia to pilot a scheme where they interview the management and staff to discover what is a living wage and supply the extra funds from their own profits. They have pledged to pay a living wage, but not until 2018. Koh Chong Ho, the general manager of SL Factory, told me that if the buyers increased their price he'd be able to pay his workers more and that this would go a long way to creating peace and stability in the industry.
Clearly Western brands need to take more responsibility but that won’t solve the problem completely; not while corruption remains uncurtailed. Cambodia is ranked as the 17th most corrupt country in the world by Transparency International. Kol Preap, executive director of Transparency International Cambodia told me that while there are no exact figures, he knows that garment factories pay massive bribes to officials. Koh declined to comment on this.
Opposition party the Cambodian National Rescue Party (CNRP) claim to have been cheated out of winning last summer’s elections and have seen their ranks swell with garment factory workers after promising them their desired wage increase to £160 per month. The pressure on Prime Minister Hun Sen is mounting. Everyone's waiting to see what will happen on Sunday, when the CNRP has called for another demonstration.
Follow Nathan on Twitter @NathanWrites and check out his website.
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