Freedom of association is enshrined in Cambodian Law [1] and in international conventions signed by Cambodia [2]. Yet the textile industry’s constant efforts to reduce production costs in order to face competition and to attract investments is impacting adversely on working conditions and labour rights in that country. Factory owners, corporate managers and the authorities all hinder the activities of independent trade unions. This is what Chea Vichea, union leader and fervent defender of workers’ rights in the Cambodian garment industry, was fighting against when he was murdered in 2004. After an investigation tainted by irregularities and a trial that failed to comply with the principles of independence and impartiality of the judiciary, two men were unjustly sentenced to twenty years in jail. They have been proclaiming their innocence for the past three years, while the real culprits are apparently still free.

22 January 2004, 9 a.m.: two men on a motorbike stop in a busy Phnom Penh street in front of a kiosk where Chea Vichea is reading his newspaper. One of them gets off the bike and fires three shots at point blank range. Chea Vichea dies instantly. Most people believe that this was a political murder. The victim’s active defence of workers’ and union rights and his membership of an opposition party made him a prime target. He had already been threatened several times prior to his death because of his militant activities. Chea Vichea was a founding member of the opposition Khmer National Party (KNP) [3] and chairman of the Free Trade Union of the Workers of the Kingdom of Cambodia (FTUWKC), one of the country’s leading independent unions. In this capacity he fought for the improvement of working conditions in the Cambodian textile industry, especially pay rises, shorter working hours and protection of workers’ representatives against intimidation and unfair dismissals by factory owners. He was behind many demonstrations and strikes. In January 2000 Réseau-Solidarity relayed an appeal by the FTUWKC, calling on Cambodian firms to comply with labour regulations [4], and received Chea Vichea during one of his visits to France.

Death threats

Shortly before his murder the unionist had received death threats and had asked for police protection, which was refused. After going underground for a few months, he resumed his trade union activities. In November 2003 he accused the authorities of making excessive use of force against several hundred textile workers protesting against low wages and bad working conditions. Chea Vichea was an internationally respected union leader. His murder triggered unprecedented national and international condemnation. After his death the ILO declared that he had been "a key actor in social dialogue and a vibrant defender of the values of social justice advocated by the ILO" [5]. Surprised by the wave of indignation generated by this killing, the Cambodian authorities denied any political causes and swore to find and arrest those responsible. A few days later Born Samnang and Sok Sam Oeun were detained. Interrogated and tortured by the police, they eventually "admitted" to murdering Chea Vichea. In a televised press conference the two accused later said they had been forced to admit guilt, only to back down in court the next day, when Born Samnang again admitted guilt. Investigations by local NGOs revealed that the accused each had an alibi and that eye-witnesses of the murder, especially the newspaper kiosk owner, had not been asked to identify the suspects. When journalists and human rights professionals showed them photos of the two suspects nobody recognized the two men from the scene of the crime. Moreover, witnesses and individuals who had provided an alibi for the two accused claimed to have been intimidated.

Contradictions by the judiciary

Despite the political pressure to which he claimed to have been subjected, the investigating judge, Heng Thirith, dismissed the case for a lack of evidence. He also ruled that the two suspects’ had been illegally arrested. But the state prosecutor appealed against this decision and Judge Thirith was removed from his functions by the Supreme Council of the Magistrature. In July 2004 the Appeal Court quashed the previous judgement and ordered a retrial in the Phnom Penh municipal court. This decision was publicly criticized by the Cambodian Human Rights Action Committee (CHRAC). The United Nations Secretary-General for Human Rights also denounced "numerous irregularities" in the inquiry and legal procedure.On 1 August 2005 the Pnomh Penh court found the two men guilty and sentenced them to 20 years in jail on the basis of the admission of guilt extorted from Born Samnang. Apart from these forced avowals, no evidence was provided at the trial. An appeal by the two men was scheduled to be examined in October 2006 but the court hearing was postponed at the last minute due to the absence of the judge who was allegedly ill. The hearing has not been rescheduled and Born Samnang and Sok Sam Oeun are still behind bars while the murder of trade unionist Chea Vichea remains unpunished.

FURTHER INFORMATION:

A coalition of NGOs and Cambodian trade unions (mainly the Cambodian League for the Promotion and Defense of Human rights (LICADHO), the Cambodian Human Rights Action Committee (CHRAC) and the Cambodian Defenders Project CDP) have launched an appeal for the two men’s release: www.licadho.org/articles/20070129/50/index.html

More information on trade union rights in Cambodia:
Annual Report of the ITUC on trade union rights in Cambodia in 2006: www.icftu.org/displaydocument.asp?Index=991223973&Language=EN

On the Web:
FTUWKC: www.ftuwkc.org
Clean Clothes Campaign (CCC): www.cleanclothes.org
Amnesty International: www.amnesty.fr/index.php/amnesty/s_informer/communiques_de_presse/cambodge_une_injustice_qui_dure_depuis_trois_ans
Human Rights Watch: www.hrw.org/english/docs/2006/10/03/cambod14317_txt.htm
The International Trade Union Confederation (CSI): www.ituc-csi.org/spip.php?article678&lang=fr

WRITE!

By email: ambafrance.phnom-penh-amba@diplomatie.gouv.fr - Cc: ftuwkc@forum.org.kh
By letter: copy the standard letter below (downloadable by clicking on the attachment at the bottom of this page) or use your own wording. Remember to add your name, address and signature.
Partner’s message: to give the FTUWKC an idea of the support on which they can rely, send them the support message.
Reaction time: on reception and until 30 April 2007.

PROTEST LETTER :

Son Excellence M.Yvon Roe d’Albert
Ambassadeur de France au Cambodge
1, Monivong Blvd.
Phnom Penh
CAMBODGE
E-mail : ambafrance.phnom-penh-amba@diplomatie.gouv.fr

Monsieur l’Ambassadeur,

J’ai été informé(e) par le Réseau-Solidarité de Peuples Solidaires du maintien en détention depuis trois ans de Born Samnang et Sok Sam Oeun, injustement condamnés pour le meurtre de Chea Vichea en 2004. L’enquête et la procédure judiciaire ayant conduit à la condamnation de ces deux hommes ont été entachées de graves irrégularités. Le Syndicat libre des travailleurs du Cambodge, la CSI, Amnesty International, Human Rights Watch, la Clean Clothes Campaign et Peuples Solidaires ont demandé aux autorités cambodgiennes d’engager immédiatement de nouvelles enquêtes impartiales et indépendantes afin:
- de libérer et innocenter Born Samnang et Sok Sam Oeun ;
- d’identifier les véritables meurtriers de Chea Vichea afin qu’ils soient jugés ;
- et de mettre à jour les irrégularités qui ont entaché l’arrestation et le procès des deux suspects.

Je vous exhorte à votre tour à contacter le gouvernement cambodgien et à l’informer du fait que si les mesures nécessaires pour élucider cette affaire ne sont pas rapidement adoptées, le doute sera jeté sur la crédibilité des promesses de réforme législative et judiciaire que le gouvernement cambodgien fait depuis de nombreuses années.

Je vous prie d’agréer, Monsieur l’Ambassadeur, l’expression de ma très haute considération.

ENGLISH TRANSLATION OF LETTER

His Excellency Mr Yvon Roe d’Albert
Ambassador of France in Cambodia
1, Monivong Boulevard,
Phnom Penh
Cambodia

Yours faithfully,

SOLIDARITY MESSAGE TO PARTNER

Free Trade Union of the Workers of the Kingdom of Cambodia (FTUWKC)
#28B, Street 222
Sangkat Boeung Raing, Khan Daun Penh _ Phnom Penh
CAMBODIA
E-mail: ftuwkc@forum.org.kh

Dear friends of FTUWKC,

I have been informed by Peuples Solidaires of the continued detention of Born Samnang and Sok Sam Oeun for the murder of Chea Vichea despite evidence that suggests they did not commit this crime. I support your action and sent a letter to the French Ambassador to Cambodia requesting that he take immediate action to contact the Cambodian government, and that he call for the release of the two men and for a serious investigation into the murder of Chea Vichea.

With warm regards,

[1] 1997 Labour Act

[2] Especially the International Pact on Civil and Political Rights

[3] Today the Sam Rainsy Party

[4] Appeal N°217 of 21 January 2000 : "Cambodge : la loi en quête de tribunal"

[5] Chea Vichea was appointed member of the "Consultative Committee on Programmes" of the International Labour Organization (ILO), a committee created under a trade agreement for the textile and garment industry, between Cambodia and the United States. This agreement entrusted the International Labour Office (ILO) with the task of verifying whether workers’ basic rights were respected in the implementation of the agreement