Interim Report - Report No 342, June 2006

unionists in Cambodia

1. 235. The Committee examined this case on its merits at its June 2005 session, where it issued an interim report, approved by the Governing Body at its 293rd Session [see 337th Report, paras. 264-342].
2. 236. As a consequence of the lack of a response on the part of the Government, at its March 2006 meeting [see 340th Report, para. 10], the Committee launched an urgent appeal and drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of this case even if the observations or information from the Government have not been received in due time. To date, the Government has not sent its observations.
3. 237. The complainant submitted new allegations in a communication dated 8 September 2005.
4. 238. Cambodia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 239. In its previous examination of the case, the Committee made the following recommendations [see 337th Report, para. 342]:
2. (a) The Committee emphasizes the seriousness of the allegations pending which refer to the murder of trade union leaders Chea Vichea and Ros Sovannareth. The Committee deeply deplores these events and draws the Government’s attention to the fact that such a climate of violence leading to the death of trade union leaders is a serious obstacle to the exercise of trade union rights.
3. (b) The Committee urges the Government to institute without delay an independent judicial inquiry into the murders of Chea Vichea and Ros Sovannareth in order to identify not only the perpetrators of these crimes but also the instigators. The Committee asks the Government to keep it informed of the outcome of this inquiry.
4. (c) With regard to the reported agreement on no future marches in which Chea Mony and his fellow representative of the FTUWKC were forced to promise to make garment workers stop the strike and refrain from further marches, the Committee expects that the Government will declare this agreement null and void and requests the Government to ensure in the future the right of workers to peaceful demonstration to defend their occupational interests.
5. (d) With regard to the physical assaults that particularly concern Lay Sophead and Pul Sopheak, both presidents of unions affiliated to the FTUWKC, the Committee asks the Government to institute independent judicial inquiries into these assaults and to keep it informed of the outcome.
6. (e) Lastly, the Committee urges the Government to take measures to ensure that the trade union rights of workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free of intimidation and risk to their personal security and their lives.
7. B. The complainant’s new allegations
8. 240. In its communication dated 8 September 2005, the complainant organization indicates that on 3 August 2005 it protested to the Cambodian Government against the 20-year prison sentences that were handed down to Born Samnang and Sok Sam Ouen in the case of the murder of Chea Vichea. The ICFTU points out that the investigation into the murder of Chea Vichea was marked by numerous procedural irregularities concerning the investigation and prosecution. These irregularities included the arrest of the accused without warrant, the dearth of evidence against them, an initial confession of one of the accused allegedly made under duress after he was beaten and given inducements. As stated by the Special Representative of the United Nations Secretary General for Human Rights in Cambodia, there were many indications that the two men had been chosen to take the blame regardless of what the evidence suggested.
9. 241. Furthermore, it is reported that the owner of the newspaper stand where Chea Vichea was murdered, who could recognize the real killers, was too afraid to attend the trial; and witnesses whom the police ascertained had seen the murderers and had described them, were not even called for the trial. Chea Vichea’s brother Chea Mony, who has taken over the presidency of the Free Trade Union of the Workers of the Kingdom of Cambodia (FTUWKC) after the former was murdered, explained in a statement on 3 August 2005 that the judge had given too much importance to the vague parts of the accusations and had neglected testimonies in favour of the two men.
10. 242. In addition to the 20-year prison term, the complainant organization points out that Sok Sam Ouen and Born Samnang have also been ordered to pay US$5,000 each as compensation to Chea Vichea’s family. Chea Mony stated that he would not accept any money whatsoever from these two innocent men.
11. 243. The complainant organization also indicates that both the FTUWKC as well as the retired former King of Cambodia, Norodom Sihanouk, have made official statements to the effect that Born Samnang and Sok Sam Ouen are not the real murderers and that the Government should release these two innocent men, find the real killers and allow judicial authorities to bring them into justice without interference. According to the complainant organization, retired former King of Cambodia, Norodom Sihanouk considered the trial to be “a shame for the country”. He also deplored the measures taken against Hing Thirith, the investigating judge who had initially led the inquiry, and who was transferred to the tribunal of the remote province of Stung Treng, after he had ordered that all charges against the two men be dropped for lack of evidence.
12. 244. The ICFTU further mentions that it shares the family’s strong concerns about the safety of the two unjustly convicted men, including fears that they may be ill-treated or poisoned while in detention.

C. The Committee’s conclusions

1. 245. The Committee deplores that, despite the time that has elapsed since this case was first examined, the Government has not replied to the Committee’s recommendations, although it has been invited on several occasions, including by means of an urgent appeal, to present its comments and observations on the case. The Committee strongly urges the Government to be more cooperative in the future.
2. 246. Under these circumstances, and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
3. 247. The Committee recalls that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them.
4. 248. The Committee once again expresses its deep concern and regret at the seriousness of this case that concerns the assassination of trade union leaders Chea Vichea and Ros Sovannareth, within less than four months interval. The assassination of two trade unionists over such a short period of time gives rise to serious concern for the security of the trade union movement in the country. The Committee deeply deplores these events and once again draws the Government’s attention to the fact that such a climate of violence leading to the death of trade union leaders is a serious obstacle to the exercise of trade union rights.
5. 249. The Committee notes with deep concern the allegations forwarded by the complainant organization on 8 September 2005, according to which there are many indications, supported by other independent sources such as the Special Representative of the United Nations Secretary-General for Human Rights in Cambodia, that the two men who were sentenced to 20 years’ imprisonment, Born Samnang and Sok Sam Ouen, are not the real murderers of trade union leader Chea Vichea, and which clearly call into question the impartiality of the court proceedings in this respect. The Committee notes from the allegations that the investigation into the murder of Chea Vichea was marked by numerous procedural irregularities concerning the investigation and prosecution (arrest of the accused without warrant, dearth of evidence against them, initial confession of one of the accused allegedly made under duress after he was beaten and given inducements, disregard of key testimonies, etc.). The Committee also notes that judge Hing Thirith had been transferred to a remote province after he had ordered that all charges against the two men be dropped for lack of evidence.
6. 250. The Committee stresses the importance that should be attached to the right to freedom and security of person and freedom from arbitrary arrest and detention, as well as to the right to a fair trial by an independent and impartial tribunal, in accordance with the provisions of the Universal Declaration of Human Rights.
7. 251. Having regard to the particular circumstances of this case and in view of the absence of any new information from the Government, the Committee must express its serious misgivings as to the regularity of the trial concerning Chea Vichea’s murder and of the proceedings leading to it. There are no indications, according to the information available to the Committee, that his death has been the subject of thorough, independent and impartial inquiries to establish the facts and to determine the perpetrators of the crime, as well as its instigators.
8. 252. Furthermore, the Committee deeply regrets the total absence of any information from the Government as to the institution of an independent judicial inquiry into the murder of trade union leader Ros Sovannareth. The Committee urges the Government to institute such an inquiry immediately and to keep it informed of the outcome.
9. 253. According to the elements at its disposal, the Committee is bound once again to draw the Government’s attention to the fact that the investigations and proceedings carried out so far have not allowed the identification of those responsible for the assassinations of both trade union leaders and most importantly have not uncovered any information leading to the instigators of these heinous acts. The Committee must emphasize in the strongest terms that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events. The absence of judgements against guilty parties creates in practice an atmosphere of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 51 and 55]. In light of these principles, the Committee firmly urges the Government to take measures in order to reopen the investigation into the murder of Chea Vichea and to ensure that no one is deprived of their liberty without the benefit of a normal procedure before an impartial and independent judicial authority.
10. 254. The Committee deplores that, despite several reminders, the Government has not provided any reply concerning the other aspects of the case and its previous recommendations, which it reiterates here, concerning the right to strike in the garment industry and reported cases of intimidations, threats and physical assaults against Lay Sophead and Pul Sopheak, both presidents of unions affiliated to the FTUWKC.
11. 255. Finally, the Committee expresses its deep concern with the extreme seriousness of the case, and calls the Governing Body’s special attention on the situation.