The
Observatory has been informed about the conviction and sentencing of
nine current and former leaders and members of the Labor Rights
Supported Union of Khmer Employees of NagaWorld (LRSU) casino,
including Ms Chhim
Sithar,
union leader and President of the LRSU, as well as the ongoing
arbitrary detention of the latter.
On
May 25, 2023, the Phnom Penh Municipal Court found Ms Sithar, Ms
Chhim
Sokhorn,
Ms Hay
Sopheap,
Ms Kleang
Soben,
Ms Sun
Srey Pich,
Ms Touch
Sereymeas,
Ms Ry
Sovandy,
Mr Sok
Narith,
and Mr Sok
Kongkea
guilty of “incitement” under Articles 494 and 495 of the Criminal
Code of Cambodia in relation to an ongoing LRSU’s peaceful strike
action.
The
Court sentenced Ms Sithar to the maximum penalty of two years in
prison. She was immediately transferred to Correctional Centre 2
(CC2) in Phnom Penh, where she had been arbitrarily detained since
November 26, 2022, to serve the remainder of her sentence – that
is, approximately one year and four months, taking into account the
time already served during her two pre-trial detentions.
Chhim
Sokhorn, Hay Sopheap, Kleang Soben, Sun Srey Pich, and Touch
Sereymeas were sentenced to one year and six months in prison, but
they will not yet be imprisoned and will remain under judicial
supervision until a final verdict is reached – that is, if no party
appeals within one month, or when potential appeals are exhausted
when the Supreme Court issues its decision.
Ry
Sovandy, Sok Narith, and Sok Kongkea were sentenced to a one-year
suspended prison term, and are not detained.
At
the time of publication of this Urgent Appeal, seven of the nine
defendants were planning to appeal the verdict.
The
Observatory recalls that in April 2021, Naga Corp., which operates
the NagaWorld casino, dismissed 1,329 employees of the casino,
including many union members, allegedly due to the financial
consequences of the Covid-19 pandemic. Since December 2021, LRSU
members have been leading almost daily strikes in Phnom Penh
demanding the reinstatement of the dismissed employees and respect
for their labour rights. The authorities responded to these strikes
by beating, arresting, and assaulting strikers, and sexually
harassing female striking workers.
On
January 4, 2022, Ms Sithar was violently arrested by plainclothes
police officers while she attempted to join a strike by the NagaWorld
casino workers, initiated by LRSU in Phnom Penh. Ms Sithar was
charged with “incitement” and remanded in pre-trial detention at
CC2, until her release on bail on March 14, 2022.
The
Observatory further recalls that on November 26, 2022, Ms Sithar was
arbitrarily
rearrested
by immigration police officers at Phnom Penh International Airport
upon her return from a trip
to Australia,
where she attended the International Trade Union Confederation World
Conference. Ms Sithar was accused of violating her judicial
supervision, which the Phnom Penh Municipal Court claimed prohibited
her from leaving the country. However, upon her release in March
2022, neither Ms Sithar nor her lawyers were informed that any
judicial supervision, such as travel restrictions, was imposed on
her, and she had travelled abroad two other times since her release
on bail without incident before being rearrested. Ms Sithar was then
transferred to the Phnom Penh Municipal Court, which ordered her
immediate pre-trial detention in CC2.
In
addition to Ms Sithar and the eight other co-defendants in the
“incitement” case, many other LRSU leaders and members have faced
legal reprisals in connection with their labour rights actions.
Another six union members were charged in February 2022 with
“obstruction of enforcement measures” under Article 11 of
Cambodia’s Law on Preventive Measures Against the Spread of
Covid-19 and Other Severe and Dangerous Contagious Diseases – a law
which has been repeatedly used to criminalise the actions of the
striking workers. In another criminal case initiated by NagaWorld in
August 2022 against LRSU leaders and members, at least 18
identified LRSU members
face charges under the following provisions of Cambodia’s Criminal
Code: “breaking and entering into dwelling place” (Article 299);
intentionally causing damage with aggravating circumstances”
(Articles 410 and 411); and “unlawful arrest, detention and
confinement” (Article 253).
The
Observatory strongly condemns the conviction and sentencing of Chhim
Sithar, Chhim Sokhorn, Hay Sopheap, Kleang Soben, Sun Srey Pich,
Touch Sereymeas, Ry Sovandy, Sok Narith and Sok Kongkea, which seem
to be only aimed at punishing them for their peaceful and legitimate
human rights activities. The Observatory urges the Cambodian
authorities to quash their convictions and to put an end to all acts
of harassment, including at the judicial level, against them, all
other union leaders and members, and all other human rights defenders
in the country.
The
Observatory further condemns the ongoing arbitrary detention of Chhim
Sithar, and urges the Cambodian authorities to immediately and
unconditionally release her.
The
Observatory lastly condemns the attacks against labour rights
defenders and urges the Cambodian authorities to guarantee in all
circumstances labour rights in the country, including the right to
strike, as enshrined in international human rights law and
particularly in Articles 6 to 8 of the International Covenant on
Economic, Social and Cultural Rights, to which Cambodia is a state
party.
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