Khmerization: Cambodia: Arbitrary arrest and judicial harassment of eight members of the Coalition of the Cambodian Apparel Workers’ Democratic Union (CCAWDU)

KHM 004 / 0514 / OBS 047

Arbitrary arrest / Release on bail /

Judicial harassment

Cambodia

May 27, 2014

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Cambodia.

Brief description of the situation:

The Observatory has been informed by the Cambodian Center for Human Rights (CCHR) about the arbitrary arrest and judicial harassment of eight members of the Coalition of the Cambodian Apparel Workers’ Democratic Union (CCAWDU) in Bati district, Takeo province, during a strike to ask for better working conditions at the garment factory JSD Textile Co. Ltd Factory.

According to the information received, on May 23, 2014, at around 4 pm, Messrs. Seang Yot and Sot Seam, two CCAWDU members based in Phnom Penh, as well as Messrs. Phin Sot, Keo Bouen, No Sak, Ol Sam Oeun, Seng Soeun and Ms. Chhem Sreypov, six CCAWDU members based in Kandal province, were arrested by Takeo provincial police during a peaceful strike at the garment factory JSD Textile Co. Ltd Factory. The strikers were demanding better working conditions such as to provide 50% of salary and stipend for female workers who are on maternity leave, to use the National Social Security Fund in case of accident at work, to provide salary for sick workers, to stop using short-term contracts for workers, as well as to not discriminate workers who are members of the union.

The eight trade unionists were held at Takeo provincial police station without access to their lawyers until they were brought before Takeo Provincial Court for interrogation on May 24, 2014. They were then charged with “instigating a felony” (Article 28 of the Criminal Code), “incitement” (Article 495), “threats to cause damage” (Article 423) and “discrediting a judicial decision” (Article 523).

When lawyers and some representatives of non-governmental organisations requested access to the eight detainees in the police station and in the courthouse, armed security forces with barbed wire denied access to them.

The eight were released on bail on May 25, 2014 in the evening after the President of CCAWDU signed a letter guaranteeing that the eight would not cause trouble at the factory and present themselves when requested by the Prosecutor.

The Observatory expresses its concern about the arbitrary arrest an judicial harassment againstMessrs. Seang Yot, Sot Seam, Phin Sot, Keo Bouen, No Sak, Ol Sam Oeun, Seng Soeun, and Ms. Chhem Sreypov, which take place in the context of a systematic crackdown against workers and trade unionists since January 2014, and calls upon the Cambodian authorities to end their judicial harassment.

The Observatory further recalls the UN Human Rights Council resolutions 19/35 (preambular para. 11) and 22/10 (preambular para. 16), stressing that “peaceful protests should not be viewed as a threat, and therefore […] all States [should] engage in an open, inclusive and meaningful dialogue when dealing with peaceful protests and their causes”.

Actions requested:

Please write to the authorities of Cambodia urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Messrs. Seang Yot, Sot Seam, Phin Sot, Keo Bouen, No Sak, Ol Sam Oeun, Seng Soeun, and Ms. Chhem Sreypov, as well as of all human rights defenders in Cambodia;

ii. Put an end to all acts of harassment - including at the judicial level - against Messrs. Seang Yot, Sot Seam, Phin Sot, Keo Bouen, No Sak, Ol Sam Oeun, Seng Soeun, and Ms. Chhem Sreypov, as well as against all human rights defenders in Cambodia, and ensure in all circumstances that they are able to carry out their work without unjustified hindrance and fear of reprisal;

iii. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:

- its Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”;

- and its Article 12.2 which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.

iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Cambodia.

Addresses:

· Mr. Hun Sen, Prime Minister, Office of the Prime Minister, 41 Russian Federation Blvd, Phnom Penh, Kingdom of Cambodia. Fax: +855 23 360666 / 855 23 880624 (c/o Council of Ministers), Email: leewood_phu@nida.gov.kh / cppparty@gmail.com

· Mr. Sar Kheng, Minister of Interior, Ministry of Interior, 275 Norodom Blvd, Phnom Penh, Kingdom of Cambodia. Fax: + 855 23 212708.

· Mr. Ang Vong Vathna, Minister of Justice, Ministry of Justice, 240 Sothearos Blvd, Phnom Penh, Kingdom of Cambodia. Fax: +855 23 364119.

· Mr. Hor Nam Hong, Minister of Foreign Affairs, 161 Preah Sisowath Quay, Phnom Penh, Kingdom of Cambodia. Fax: + 855 23 216144 / + 855 23 216939. Email: mfaic@mfa.gov.kh

· Mr. Om Yentieng, Minister & President of the Cambodian Human Rights Committee, Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax: +855 12 81 37 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/o Council of Ministers)

· Mr. Sok An, Deputy Prime Minister, Fax: + 855 23 88 06 24, Email: leewood_phu@nida.gov.kh,info@pressocm.gov.kh

· Ambassador Mr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, Case postale 213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 788 77 74, Email: camemb.gva@mfa.gov.kh / cambodge@bluewin.ch

Please also write to the diplomatic representations of Cambodia in your respective countries.

***

Geneva-Paris, May 27, 2014.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a OMCT and FIDH venture, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80