THE VOICE OF CAMBODIAN WORKERS, Vol. I, no. 7

"Social justice is the foundation for peace."

Monthly Newsletter of the Free Trade Union of Workers of the Kingdom of Cambodia
Second Edition, Vol. I, no. 7 , September 1999

OWNER DISAPPEARS, WORKERS OWED TWO MONTHS WAGES

The owner of the Phnom Penh garment factory, Cambodia Bluebird International Ltd., has disappeared, owing his employees two months wages. Mr. Liu Shi Guo from Hong Kong also reportedly owes $10,000 in unpaid utilities. The Ministry of Labor and Social Affairs told FTUWKC that an arrest warrant had been issued for Mr. Liu Shi Guo.

Approximately 300 of Bluebird's workers demonstrated in front of the Ministry of Commerce on September 3rd, to alert the authorities to their suspicions about the owner's potential to disappear. Workers told Free Trade Union officials that they had not been paid since June and that the factory owner had begun moving equipment out of the factory. They were unable to obtain an explanation from management nor were they able to find out when they might be paid their back wages.

The workers had targeted the Ministry of Commerce because of its repeated pledges to uphold labor standards in order to obtain an increase in the garment export quotas from the US government. Ministry of Commerce officials promised the workers that they would coordinate with the Ministry of Labor in order to
investigate on September 6. However, on September 6, the workers appeared at the factory, only to find that neither management nor any governmental officials were present. The Free Trade Union complained to the Ministry of Labor, which eventually sent an inspector. Unfortunately, he was also unable to track down
the factory owner. Workers kept watch at the factory for several days, but the owner never returned. By September 9, the factory was completely emptied of personnel and most equipment.

The Garment Manufacturer's Association of Cambodia (GMAC), which had also been asked to assist, advised FTUWKC and the workers to concentrate on criminal charges. Claiming that Mr. Lu Shi Guo has not been a member of the GMAC since the beginning of the year, the Garment Manufacturer's have removed themselves from any further involvement. Ironically, according to the Ministry of Commerce website, launched last month, Bluebird is still a member of the GMAC.

The Free Trade Union has helped the workers to file a complaint under Article 121-2 of the Labor Code, which states that in the case of bankruptcy, employees wages take precedence over other creditors. On September 14, the Ministry of Labor arranged for an arrest warrant for Mr. Lu Shi Guo. His whereabouts are still unknown. The workers are pessimistic about receiving their unpaid wages.

INJURED WORKER RECEIVES COMPENSATION

Following a joint effort by FTUWKC and the Cambodian Labour Organization (CLO), a garment worker, who was injured in a work-related accident at Gennon Garment in January, has been awarded US$2993 for medical expenses and compensation.

On January 8, 1999, Hout Sok Cheng, a tailor at the Gennon garment factory in Phnom Penh, was injured at work when a broken piece of equipment flew into her eye. The accident required medical attention and has left her permanently disabled. On April 6, Hout Sok Cheng, who is a member of the Free Trade Union of Workers of the Kingdom of Cambodia, came to the Union headquarters to ask for an escort to the factory in order to obtain the money for her medical expenses. Despite the fact that she had a letter to the factory owner from the Ministry of Labor and Social Affairs stating that the factory was required to pay her expenses totaling $515 and 301,100 riel (about $78), the factory supervisor refused to pay and became verbally abusive. Free Trade Union officials referred the case to the Ministry of Labor.

However, in September, Sok Cheng returned to the Union headquarters because her medical expenses still had not been paid. While lawyers for the CLO worked with Sok Cheng's case in Cambodia, the Free Trade Union and Global Exchange brought the case to the attention of The Gap, which is Gennon's major contractor. With the assistance of all parties, the case was successfully resolved on September 27, when Gennon's management agreed to pay Sok Cheng's medical expenses as well as compensation, totaling US$2993.

FAMILY BLAMES FACTORY CONDITIONS FOR WORKERS' DEATH

Family and friends of Chea Sarey, aged 28, have blamed his death on working conditions at Phnom Penh-based Broadland Garment Industries Co. Chea Sarey died on August 19, and doctors were unable to determine the exact cause of death. His wife, who also works at Broadland, believes that he died of exhaustion from being forced to work an average of four hours overtime, six days per week. Other workers from Broadland told Free Trade Union officials that ventilation in the factory is poor and there was no ventilation at all in the area where Sarey worked.

Reportedly, Chea Sarey, who was a box packer at Broadland for three years, had fallen ill several times before his death. In Cambodia, employers with more than 50 employees are legally to have an infirmary and medical personnel on their premises. However, Sarey never visited the infirmary, because, according to his wife, the infirmary does not have any medication. As a result, Sarey was forced to pay for a private doctor, in addition to having his salary cut for taking sick days. On August 16 and 17, Sarey had taken sick leave, but decided to return to work on the 18 because he did not want to lose anymore wages. His family had already been forced to borrow money to pay for his medication. Chea Sarey died in his sleep during the night of August 18-9.

Following a formal complaint filed by the Free Trade Union of Workers of the Kingdom of Cambodia, the Ministry of Labor told the French daily, Cambodge Soir, they would launch an immediate investigation of working conditions at Broadland. Neither the Union nor Sarey's wife have been informed of the results of the investigation. Sarey's wife had initially filed a formal complaint against the factory, asking for $3,000 compensation. However, she is considering withdrawing the complaint because she claims to be afraid for her safety. She would not say whether she had been specifically threatened over her case.

US EMBASSY AND WORKERS DISCUSS LABOR CONDITIONS

On September 10, Mr. Bruce Levine, the Economic and Commercial Officer of the US embassy in Cambodia, met with representatives from the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), the Cambodian Federation of Independent Trade Unions (CFITU) and the newly formed National Independent Federation Textile Union of Cambodia (NIFTUC) to discuss labor conditions. The purpose of the meeting, which was coordinated by the Cambodian Labor Organization (CLO), was to keep the US government informed of the labor situation in Cambodia, as it considers the annual increase of the garment export quota. According to the initial agreement, the US government can raise the quota up to 14% annually, if working conditions in Cambodia improve. Representatives of the Cambodian Unions Federation (CUF) declined to attend the meeting.

In general all participants agreed with the CLO stance that an increase in the quota should be encouraged in order to increase employment in the garment industry; however, the desire to generate employment should not overshadow the need to improve working conditions for those already employed.

Representatives from Cambodia Apparel, Hung Wah, Natural Garment outlined some of the more important issues facing workers at their factories. Wage levels below the legal minimum wage of US$40 per month, forced overtime at night and on Sundays without additional compensation, were mentioned by most of the workers. In addition, some workers spoke about being forced to pay "application fees" of US$20 or more when applying for their jobs, intimidation of trade unionists and the practice of shop stewards being chosen by management rather than elected by workers.

Workers and union representatives also agreed that the Ministry of Labor must do more to protect workers rights. Workers recounted incidences of labor inspectors trying to play off trade unionists against shop stewards by reiterating to workers that the Labor Code protects shop stewards and not union representatives. Others reported that some labor officials, like in Kompong Speu, claimed not to be aware of the minimum wage policy. Both the Free Trade Union and the CLO reported that they had received requests from the management of several factories not to involve the Ministry of Labor in disputes because some inspectors asked for bribes without resolving the dispute.

Other issues discussed included quota allocation and the commitment of the Ministry of Commerce to assist the Ministry of Labor in enforcing the Labor Code.

For his part, Bruce Levine outlined the position of the US embassy. He reiterated that the embassy could not act as an enforcement mechanism and intervene in specific disputes. Workers and unions gladly agreed to his request to keep the embassy informed of problems and improvements in the labor situation.

In January of this year, the United States imposed a series of quotas on Cambodian garment exports. The quotas, which were set at the current level of production in November 1998, will increase 6% annually. In addition, the treaty provides for an additional increase of 14% if labor conditions in Cambodia are seen to be improving. Since there is currently no set method of monitoring labor conditions, this has been a source of controversy between unions, garment manufacturers and government throughout 1999.

FTUWKC TAKING ON GENDER ISSUES
During the months of August and September the Free Trade Union of Workers of the Kingdom of Cambodia has been increasingly focused on gender issues. The culmination of the APHEDA-sponsored training on gender and labor issues as well as the first National Gender and Development Conference, have highlighted the need for more union activities and information-gathering regarding gender issues. The Free Trade Union, therefore, has decided to inaugurate a new gender commission to take on these issues.

On September 5, FTUWKC educators ran the final workshop of the Australian People for Health, Development and Education Abroad (APHEDA) project entitled "Empowering Women Workers" in Cambodia. The project was aimed at educating female garment workers on: the difference between gender and sex, gender stereotypes, trade unionism, negotiation skills and provisions in the Labor Code on contracts, night work, work by women, and work-related accidents. Participants found the topics to be both relevant and interesting, and many have requested further training in this area.

On September 10, FTUWKC Vice President Ms. Oum Navy was invited to speak at the First National Conference on Gender and Development. Oum Navy outlined a number of the problems facing women workers in Cambodia, such as being forced to work overtime until late at night and then having to go home alone, in fear of being kidnapped or harassed. As many participants at the conference, stated, security is still a major issue in Cambodia, particularly for women at night, and the risk of kidnapping and trafficking is frighteningly real. While FTUWKC was the only union represented at the conference, Oum Navy was also the only woman on the three-person "Women in the Economy" panel. There appears to be a significant lack of activities and resource persons in the area of gender, labor and the economy in Cambodia.

Consequently, and in response to the overwhelming success of the APHEDA-sponsored gender training program, the Free Trade Union of Workers of the Kingdom of Cambodia has created a special gender commission. The commission, headed by FTUWKC vice president Oum Navy was a response to the demands of participants for more information and training on gender issues. Currently, the commission is working on structural issues and beginning a needs assessment. Its initial activities are likely to be educational and awareness campaigns.

IN BRIEF...
The collection of union dues is increasing significantly. In August, FTUWKC collected monthly dues from 13 different factories, comprising approximately 2,000 members.

The International Labour Organisation (ILO) carried out the first ever collective bargaining workshop in Kompong Som from August 30 to September 1. Educators from all of Cambodia's four union federations participated in the intensive training. Free Trade Union educator Chhim Vannama found the training challenging, but stated that this was the best taught workshop to date.

Chea Vichea would like to thank WCL and BATU for sponsoring his participation at the regional conference in Malaysia entitled "Building a Better World Through Trade Action: Towards a Trade Union Social Movement". Vichea was very pleased to be able to meet and share experiences with so many other Asian trade unionists.

The Free Trade Union of Workers of the Kingdom of Cambodia would like to thank the University of San Francisco (USF) in Phnom Penh for allowing seven FTUWKC officials to attend a weekly Labor Law course free of charge. The response from both sides has been overwhelmingly positive and USF has agreed to offer a similar course for union representatives at the factories.

The Free Trade Union would also like to thank the New Zealand Journalists' Union for their donation of a laptop computer.

PLEASE NOTE: THANKS TO THE CLAC, THE FREE TRADE UNION HAS A NEW PHONE AND FAX LINE AT (855 23) 216 870.

Editorial Team: Chea Vichea, Katja Hemmerich, Chhim Vannama

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