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Friday, January 03, 2014

Labor Demonstrators Injured in Clash With Elite Military Unit

Heng Reaksmey, VOA Khmer
02 January 2014



PHNOM PENH — At least 15 monks and five other people were injured in a violent crackdown on striking workers Thursday, after a special military unit was called in to deal with demonstrators outside a Phnom Penh factory.

The clash, between demonstrators and troops from Special Command Unit 911, took place after protesters began throwing rocks at soldiers, officials said.

The soldiers were seen carrying metal pipes, knives, AK-47 rifles, slingshots and batons, according to rights workers. The clash took place outside the Yak Jin factory, which is thought to produce for international brands GAP, Walmart and Old Navy.

The violence comes amid continued protests by workers over the minimum wage. But it also comes after ongoing anti-government demonstrations over the last two weeks and ahead of negotiations between leaders of the ruling and opposition parties to end the demonstration and political impasse.

At least 10 people, including four monks, were subsequently arrested. Rights groups said the deployment of Unit 911 was unprecedented “and signals a disturbing new tactic by authorities to quash what have been largely peaceful protests.”

Among the injured was Von Pov, head of the a union that represents the informal economy, who was beaten unconscious.

Nuth Rumduol, a lawmaker-elect for the opposition Cambodia National Rescue Party, who was also injured in the violence, said Unit 911 soldiers were “aggressive” in their handling of the demonstrations.


One young man, “a simple bystander,” was taken by soldiers and beaten with sticks, Nuth Rumduol said. “He was not armed and did not throw any stones,” he said. “This happened right before my eyes.”

Chap Sophoan, commander of Unit 911, said he ordered the crackdown.

“Do we have to stand idle and get attacked, or what?” he told VOA Khmer. “My soldiers obediently followed my orders. Who is responsible, when we say, ‘Don’t throw stones at us,’ but they still do?”

Rights workers say the crackdown was excessive and unwarranted.

The group Licadho and the Community Legal Education Center issued a joint statement condemning the attacks and arrests of demonstrators.

“We are gravely concerned for the safety of those still held, especially in light of recent threats to leaders of unions and informal associations,” Naly Pilorge, Licadho’s director, said in a statement. “Some of those held are believed to have been severely beaten as they were arrested. Monks and workers from nearby factories were also beaten by military police during the earlier clashes.”

Both groups called on authorities to ensure the safety of those in detention, provide medical attention to those who are injured, and to release anyone not charged with a clear criminal offense.

“We urge all those currently involved in protests and labor disputes and the authorities to abide by the law, exercise restraint and remain peaceful,” Moeun Told, head of the Community Legal Education Center’s labor program, said. “There must be an end to violence, arrest and discrimination of those seeking to exercise their rights to freedom of association and collective bargaining.”

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Monday, December 30, 2013

Antigovernment March Draws Diverse Group of Protesters in Cambodia

By THOMAS FULLER - The New York Times
Published: December 29, 2013



PHNOM PENH, Cambodia — Tens of thousands of antigovernment demonstrators marched through Phnom Penh on Sunday in one of the biggest acts of defiance against the nearly three decades of rule by Cambodia’s authoritarian prime minister, Hun Sen.

The procession, which was peaceful and stretched for several miles through a commercial district of Phnom Penh, the capital, brought together protesters with a diverse list of grievances: Buddhist monks, garment workers, farmers and supporters of the main opposition party.

They were united in their calls for Mr. Hun Sen to step down, their chants — “Hun Sen! Get Out!” — echoing down the broad avenue where they marched.

In July, Mr. Hun Sen’s party claimed victory in disputed elections that the opposition and many independent monitoring organizations said were deeply flawed. Mr. Hun Sen formed a government despite the growing protests by the opposition, which has boycotted Parliament and is calling for new elections.

Cambodia’s political stalemate and protest movement have been somewhat overshadowed by the turmoil in nearby Thailand, where antigovernment demonstrators are rallying to block elections and install a “people’s council” to govern the country during what they describe as a hiatus from democracy.

But some analysts in Cambodia describe the past few months here as a watershed for Cambodian society, which for years has been dominated by the highly personalized rule of Mr. Hun Sen, whose party has tight control over major institutions in the country, including the army, the police, the judiciary and much of the news media.

Protesters blocking traffic and marching through downtown Phnom Penh remain a jarring sight after years during which the main message from the government has been that people should be grateful for the unity and development that Mr. Hun Sen brought to Cambodia after many years of war.

“It seems like a turning point in the history of civil society,” said Yeng Virak, the executive director of the Community Legal Education Center, a Cambodian human rights organization. “People feel more free to join protests and to identify themselves as part of the opposition.”

The continued vigor of the protest movement five months after the elections appears to be a reflection of the deep pool of resentment in the country toward Mr. Hun Sen.

One woman who took part in the march on Sunday, Meng Phang, 59, shouted to onlookers, including stone-face police officers, that “Hun Sen and his family are getting richer but everyone else is getting poorer.”

Ms. Meng Phang’s participation also represented another crucial factor of the protests: the sustained financing of the movement. Ms. Meng Phang said she had donated about $1,000 to the protest movement from money she had saved while working in a factory in Japan.

Kem Sokha, one of the protest leaders, singled out contributions “from our people abroad” in a speech to protesters on Sunday evening. There are large Cambodian populations in Australia, France and the United States, among other countries.

The grievances among protesters on Sunday were varied. Sok Heng, a middle-aged carpenter, lamented the lack of justice in the country and mentioned the case of his brother-in-law, who was killed by a thief. The police asked for a bribe before agreeing to arrest the suspect, he said.

Touch Vandeth, 24, was one of thousands of garment workers on strike, demanding a doubling of the minimum wage to $160 a month, a sharp increase that would put wages well above those of Cambodia’s regional economic competitors, including Myanmar, Bangladesh and Vietnam. Ms. Touch Vandeth, who assembles Adidas footwear at a factory on the outskirts of Phnom Penh, said she had been unable to save much money on her current salary, $80 plus overtime.

Chay Soheaktra, one of the many Buddhist monks taking part in the demonstration, said he was angry that Mr. Hun Sen’s government had given a forestry concession to a Vietnamese company. Anti-Vietnamese rhetoric has been a mainstay of the protest leaders, who portray Mr. Hun Sen as a puppet of Vietnam. (Mr. Hun Sen is Cambodian but came to power with the aid of an invading Vietnamese Army that pushed the Khmer Rouge from power in 1979.)

The Buddhist hierarchy is closely aligned with Mr. Hun Sen, but younger monks have joined the protests — sometimes in defiance of their elders — and are particularly angry at the theft of precious Buddhist relics this month from a Buddhist shrine. Monks question how a national treasure was so poorly guarded — especially when hundreds of security officers guard the residences of Mr. Hun Sen and other top officials.

Ou Virak, the president of the Cambodian Center for Human Rights, an independent advocacy organization in Phnom Penh, said the theft of the relics might be among the biggest problems for Mr. Hun Sen. In a country where superstition plays an important role, the theft could be taken as a supernatural sign.

Mr. Hun Sen is unpopular with a broad portion of the Cambodian electorate, Mr. Ou Virak said. But many people, especially business leaders, are not convinced that the opposition is ready to govern the country. He cited the opposition’s embrace of the doubling of the minimum wage, claiming that the country could lose tens of thousands of jobs to neighboring countries.

“The majority of the people want change,” Mr. Ou Virak said. “But they don’t know what that change would look like.”

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Sunday, December 29, 2013

Striking Garment Workers Join Cambodian Opposition Protests

Dissatisfied by a minimum wage increase, thousands of striking garment factory workers on Thursday joined Cambodia’s opposition supporters in mass demonstrations calling for the resignation of Prime Minister Hun Sen and a re-election.

The footwear and textile factory workers gathered for the first time with opposition Cambodia National Rescue Party (CNRP) faithful in Phnom Penh’s Freedom Park, where supporters have held 12 days of “nonstop” mass protests following disputed July elections they say were tainted by fraud.

The government announced earlier this week that the monthly minimum wage for garment workers would be increased from U.S. $80 to U.S. $95 starting from April next year, though unions have been demanding U.S. $160 per month beginning in 2014.

The announcement triggered waves of protests and calls for strikes supported by the CNRP, which during its campaign ahead of the July 28 election had vowed to raise wages for workers in Cambodia’s biggest export earning industry.

On Thursday, the workers gathered with CNRP supporters in the park, airing their grievances before joining a five-hour, 10-kilometer (six-mile) march through the capital.

Authorities monitored the gathering, but allowed it to proceed unhindered.

Ath Thon, president of the Coalition of Cambodian Apparel Workers' Democratic Union, told RFA’s Khmer Service that the workers would not accept the newly announced wage increase, adding that the workers’ movement “cannot be stopped” and comparing it to a “dam that has been broken.”

He demanded that the government accept the workers’ demand of U.S. $160 per month “if they want to stop the strikes.”

The Associated Press quoted CNRP leader Sam Rainsy as pledging to assist the workers during Thursday’s gathering.

“I'm aware of the difficulties facing the workers and have helped them for 20 years. Now I am ready to help them again,” he said.

“That is the difference with Hun Sen, who is sticking with factories owners.”

The protest came as roughly 300,000 workers from some 100 of Cambodia’s more than 500 garment and footwear factories went on strike Thursday to protest the wage announcement, reports said.

The Garment Manufacturers Association in Cambodia (GMAC) has recommended that its members stop operations for a week, citing fears that demonstrators might damage factories if workers do not join the strikes.

Invitation to talks

Also on Thursday, the Ministry of Labor’s Committee to Resolve Strikes invited six prominent union leaders, including Ath Thon, Free Trade Union president Chea Moni and Cambodian Confederation of Unions president Rong Chhun to talks, calling on them to end the worker unrest.

Committee secretary general Prak Chanthoeun warned that the government would take legal action against any union that provokes workers to strike.

“We intend to educate [the workers], but if [the unions] continue to provoke the workers to act out in a way that threatens security, they will face legal action,” he said.

Prak Chanthoeun said that the workers are being “exploited by the CNRP” and warned that the strikes would scare off investors, who would turn to other countries to do business.

“The strikes have impacted the workers,” he said. “If the workers continue to strike, the investors will run away and they will only be hurting themselves.”

GMAC senior official Cheath Khemara told RFA’s Khmer Service that if Cambodia’s garment factories were to immediately increase the minimum wage of the workers to U.S. $160 it would negatively impact the sustainability of investment in the industry.

"We can't simply increase wages by 100 percent or it will affect investment,” Cheath Khemara said.

“If we do that, both [the workers and the factories] will die,” he said, adding that investors would look to the Lao and Vietnamese markets for lower worker costs.

Re-election

Meanwhile on Thursday, Cambodia’s Committee for Free and Fair Elections in Cambodia (Comfrel) urged the government to hold a re-election to avoid violence that could come from a continued power struggle.

“If you politicians are mature, we must seek a compromise to avoid any violence,” Comfrel board of director committee chairman Thun Saray said during a conference in Phnom Penh held to unveil a report on irregularities in the July election.

“If there is violence, there will be bloodshed and Cambodians will lose their lives,” Thun Saray, who is also director of rights group Adhoc, told reporters.

On Sunday, in the largest demonstration since the disputed July elections, some 500,000 CNRP supporters marched through the streets of Phnom Penh calling for Hun Sen to step down and to announce new polls.

The CNRP, which has boycotted parliament saying it was robbed of victory due to poll fraud, launched daily mass protests on Dec. 15 to force a re-election after its calls for an independent election probe into irregularities were dismissed by the government.

It has vowed to keep up daily protests for three months or until there is a fresh vote.

But Hun Sen last week rejected the call for his resignation and fresh elections, saying there is no provision in the country's constitution that allows for a re-election.

Comfrel director Koul Panha said Thursday that the two parties have exhausted all options through political talks, including the possibility of a power sharing agreement and for an investigation into election irregularities.

“The best choice now is to have an election as soon as possible. That way the victor will win with dignity and the loser will be satisfied.”

Reported by RFA’s Khmer Service. Translated by Samean Yun. Written in English by Joshua Lipes.

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Thursday, November 28, 2013

Cambodian NGOs Reveal Poll Fraud Report



Three nongovernmental organizations in Cambodia on Wednesday jointly released reports detailing irregularities from disputed recent polls, saying they demonstrated a “need for real reform” of the national electoral body before the country could hold free and fair elections.

Among the irregularities from Cambodia’s July 28 election were allegations of missing or duplicated voter names, an electoral campaign biased in favor of Prime Minister Hun Sen’s ruling Cambodian People’s Party (CPP) and voting by foreign nationals, the NGOs said at a press conference in Phnom Penh.

The NGOs—Committee for Free and Fair Elections in Cambodia (Comfrel), Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC) and Cambodian Center for Independent Media (CCIM)—said the list of claims was based on investigations they conducted at community forums around the country.

Comfrel official Sin Tithseila said that the National Election Committee (NEC)—Cambodia’s government-appointed election body—“needs real reform in order to have a free and fair election,” based on the “more than 10,000” cases of irregularities his organization documented.

“When Comfrel audited the [voting] lists, we found problems,” Sin Tithseila said at the press conference.

“Voters … couldn’t find their names—or found name duplicates—and a single voter could [turn in ballots] in many different places.”

The opposition Cambodia National Rescue Party (CNRP) has made repeated calls for an independent probe into claims of voter fraud in Cambodia’s election, which Hun Sen’s government has refused to heed following an official announcement declaring the CPP the victor.

The CNRP has since boycotted parliament over the disputed polls and said it would demand new elections during mass protests beginning Dec. 15 to put pressure on the government to examine the allegations of irregularities.

CCIM director Pa Ngoun Teang said his organization’s report shows that NEC officials were “biased in favor of the CPP,” that voters were seen casting ballots without providing identification, and that illegal “Vietnamese immigrants were allowed to vote.”

CCIM official Nop Vy added that identification cards were “issued non-transparently,” resulting in some voters being “barred from ballot offices while others cast ballots on their behalf.”

He said the report on election irregularities would be sent to NEC officials, along with recommendations on how to reform the electoral process.

CNRP lawmaker Mao Monyvann, who participated in Tuesday’s conference, said that Hun Sen’s government “doesn’t have the political will to carry out election reform.”

He added that even with laws in place, irregularities—such as voting by illegal Vietnamese immigrants—still took place on a large scale, suggesting that implementation is lacking.

Political deadlock

Talks between the CNRP and the CPP have stalled after a meeting earlier this month yielded little progress.

The CNRP has insisted the talks must have on the agenda discussions about an investigation into poll fraud, resignation of election officials, and implementation of recommendations from U.N. experts and NGOs on electoral and other reforms.

The opposition has claimed that election irregularities, including the removal of one million voters from the electoral rolls, robbed it of election victory.

The NEC awarded the CPP 68 parliamentary seats to the CNRP’s 55 in the election, but the CNRP claims it won at least 63 seats and has called for a U.N.-backed investigation and led a series of mass demonstrations against the results.

On Tuesday, CNRP deputy president Kem Sokha vowed that, following a mass demonstration on Dec. 15, his party will hold regular demonstrations every Sunday until its demands are met.

Reported by Zakariya Tin for RFA’s Khmer Service. Translated by Samean Yun. Written in English by Joshua Lipes.

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ASEAN parliamentarians call for independent investigations into deadly shootings of protesters in Cambodia

BANGKOK — Parliamentarians from across Southeast Asia today called on the United Nations and the international community to conduct independent investigations into recent deaths in Cambodia at the hands of state security forces, including the shooting dead of a 29-year-old man at pro-democracy demonstrations in Phnom Penh in September and the killing of a labour protester earlier this month.
“The United Nations and the international community must take a stand on these blatant miscarriages of justice. It has been over two months since security forces shot dead Mao Sok Chan and injured others when they opened fire on a crowd of protesters, and the state is clearly not following through with a genuine investigation,” said Kraisak Choonhavan, ASEAN Parliamentarians for Human Rights Vice President.

“By conducting an independent inquiry and seeking to hold the Cambodian government to account for their failure to properly investigate these deaths in line with international human rights and legal standards, we not only seek justice for the families of victims but also send a clear message that impunity for state officials will not be tolerated.”

Mao Sok Chan died after being shot in the head on September 15, 2013, at Kbal Thnal Bridge, Phnom Penh. The 29-year-old laborer was caught up in crowds after police set up roadblocks following a day of political protests in the capital when police allegedly fired indiscriminately on commuters, local residents and demonstrators. To date, there has been no credible investigation into the incident.
Also, on November 12, one person was killed and eight others injured when security forces in riot gear used tear gas, guns and sticks to break up a strike by garment workers at the Singapore-owned SL Garment Processing (Cambodia) Ltd.

Political tensions in Cambodia have risen since hotly contested national elections on 28 July. APHR calls on all parties to disavow violence and prioritize human rights and the rule of law as the country seeks to move forward from the current deadlock. As in other countries in the region, the criminal justice system, particularly when it comes to allegations against state actors, continually fails to deliver, APHR said.
“Responsibility falls on the government and arms of the justice system to ensure that all acts of political violence will not be tolerated, either by protesters or state security forces,” said Eva Kusuma Sundari, AIPMC President and Indonesian Member of Parliament.

“We all want to see Cambodia move through this difficult period peacefully. The failure of the state to properly investigate alleged acts of violence by security forces is setting a dangerous precedent and could lead to an escalation of violence during a tense political period in Cambodia.”

Similar failures of the criminal justice system are commonplace in Indonesia and elsewhere in Southeast Asia, APHR said, calling on ASEAN to step up its mandate to ensure peace and stability in the region.
“ASEAN must find a way to end violence perpetrated by state apparatuses before entering an integrated economic community,” said Ms. Sundari.

“I am deeply concerned that the common trend of state violence and impunity in ASEAN member states will only worsen if this serious problem is continually brushed under the carpet to ensure a blinkered focus on economics and trade. ASEAN must change and begin to put the basic welfare of its people first.”
The United Nations and the international community have a duty to press governments to uphold international commitments to human rights standards. In lieu of any proper investigation by the Cambodian authorities, the international community, including ASEAN institutions, must help to ensure justice for the victims of state-sponsored violence and apply pressure on the Cambodian government to meet its international responsibilities.

According to local human rights observers, there have been ten fatal shootings and eight separate incidents of non-fatal shootings by authorities using excessive force in the past 20 months. Only in one out of the 10 lethal cases has there been what human rights observers agree to be a credible investigation.
Many of the families of victims have been offered financial compensation in return for agreement to end legal proceedings against the alleged aggressors. Concerns have been raised that families have been intimidated or coerced into accepting the financial settlements. Moreover, the settlement of a civil dispute does not release prosecutors from their duty to investigate alleged crimes, APHR said.

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ASEAN Parliamentarians for Human Rights (APHR) is a collective of lawmakers from Southeast Asia working to improve human rights responses and social justice in the region.

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Wednesday, August 29, 2012

Warning of Return to Violence

2012-08-28
Radio FREE Asia

UN special envoy Surya Subedi warns of possible unrest in Cambodia if the authorities refuse to embrace election reforms.



Cambodia may plunge into violence if it does not reform the current electoral system to allow for fair and free elections, Surya Subedi, the U.N. Special Rapporteur on the situation of human rights in Cambodia, has warned in a report.

He said there are "major flaws" in the administration of elections in Cambodia and called for "urgent and longer-term reforms" needed to give Cambodians confidence in the electoral process and in the National Election Committee (NEC), which organizes and manages polls.


"It is regrettable," he said, that most of the proposals by bilateral and multilateral agencies to reform the electoral process based on shortcomings identified in previous elections "remain unimplemented" by the Cambodian authorities.

In a report to be presented to the U.N. Human Rights Council in Geneva at its upcoming September meeting, Subedi said that he is "concerned by the capacity gaps that persist in the electoral process."

"If the electoral process is unable to command the trust and confidence of the electorate, the very foundation of the Cambodian political and constitutional architecture embodied in the Paris Peace Agreements will be shaken and the country may run the risk of a return to violence," he said.

Prime Minister Hun Sen's government "must therefore do its utmost to avoid such a situation," he said in the report released this week.

Exile return

Subedi also called for a "political solution" to enable exiled opposition leader Sam Rainsy to return to Cambodia "to play a full role" in politics.

Saying that Sam Rainsy has been convicted on charges that are allegedly politically motivated, Subedi added that "a concerted effort by the ruling and opposition parties towards reconciliation is in the interests of stronger and deeper democratization of Cambodia," especially ahead of the 2013 elections.

Sam Rainsy, who is currently involved in efforts to merge Cambodia’s two key opposition parties into a united alliance against Hun Sen’s ruling Cambodian People’s Party (CPP), went into exile in 2009 after leading a border protest and was convicted in absentia on charges of incitement and damaging property.

He has called his conviction groundless and unacceptable.

Subedi's proposal for electoral reforms was shrugged off by the national electoral body.

Tep Nitha, General Secretary of the NEC, said on Tuesday that Subedi’s report "sounds like he is only listening to the opposition party and certain NGOs rather than reflecting the NEC’s current work."

Tep Nitha claimed that Subedi’s recommendations had effectively been implemented, including the part about making the electoral panel independent and autonomous, and guarantor of voters’ rights.

He said Sam Rainsy's absence "will not affect the process of the elections and democracy in Cambodia.”

Recommendations 'necessary'

But the Executive Director of the Committee for Free and Fair Elections in Cambodia (COMFREL), Koul Panha, stressed that all of Subedi’s recommendations "are vital and necessary" for electoral reforms.

"And the most urgent and immediate reform to be done prior to the national election in 2013 is the full guarantee of voters’ rights," he said.

In his report, Subedi cited a host of issues that needed to be addressed before parliamentary elections scheduled in July 2013. Among them:

== The NEC should have independent and autonomous status in the constitutional and legal structure of Cambodia, with its own independent budget allocated by the parliament.

== There should be consensus among the major political parties represented in the parliament on the appointment of the president and members of the NEC and the provincial election committees.

== There is a need to amend the law and to create another institution, such as a special election tribunal or election court within the judicial structure of Cambodia or a special election tribunal within the National Constitutional Council to resolve election-related disputes, rather than using the NEC itself to do so.

== All major political parties should have fair and equal access to the mass media to convey their messages to the electorate.

== All opposition parties must be free to organize and campaign without fear and hindrance. The Special Rapporteur "has been informed of cases of harassment and intimidation of people attending party political meetings of opposition parties by government officials and the secret police."

== There should be a more effective, impartial and non-discriminatory procedure for the registration of voters in Cambodia.

Subedi also cited a petition directed to him from a Cambodian citizen who had expressed "frustration with the existing electoral process.

The Cambodian wrote that "if the current state of affairs continued, the ruling party would win the elections forever and that there was no hope for other political parties."

Reported by Neang Ieng for RFA's Khmer service. Translated by Yanny Hin. Written in English by Parameswaran Ponnudurai.

Copyright © 1998-2011 Radio Free Asia. All rights reserved.

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