Labor And Worker Right Violation In Cambodia International Law Essay

Cambodia is a developing state which presently is demanding an economic growing and modernisation. With the turning of garment industry today, Cambodia has gained a measure frontward to the industrialisation and fabricating economic system. Garment industry, with 250 mills, has provided over $ 2 billion in export gross revenues and 30,000 occupations to Cambodians ( USAID, 2006 ) .

Although garment industry provides many advantages to Kampuchean society, it besides produces a important crisis on the worker and labour right misdemeanor. The being of this job can be reflected by striking, direct response, from workers in forepart of mills or along the streets, the existent studies by International Nongovernmental Organizations ( INGOs ) , the relevant texts appeared in the local and international newspapers and so on. In fact, there are a batch of organisations that put its oculus on this issue, for illustration, International Labor Organizations ( ILO ) , and Clean Cloth Campaign ( CCC ) , who aims to cover the struggle between worker and employer every bit good as to show the involvement of their organisation ( Diana Karakos, 2010 ) .

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Within this issue, the misdemeanor holds in assorted images: paying irregularly salary, denying clip off and pregnancy leave, and disregarding the single worker right in fall ining employee brotherhood or talk off, for case, and that actions can be held otherwise based on parties involved, authorities with worker or employer with employee and so on ( Taing Sarada,2009 ) .

Sing on the issue, some people argue that the misdemeanor of worker right is the job raised by uneffective Torahs, by the bing of globalisation and others. The completed statement will be described following in the subdivision II.

Taking into history about the issues raised up above, below there will be a treatment on the involvement of the workers, employers and other association such as employer brotherhood. Furthermore, the text is besides traveling to research what the function of international organisations which besides taking the nowadays of globalisation into consideration. At the same clip, this text besides tries to burden the capacity of the job, worker and labour misdemeanor, and the existent ability of authorities to reply whether this issue can be deal domestically.

II. Overview of Labor and Worker right

a. Causes

There is no peculiar beginning that presents the root causes of workers right misdemeanor in Cambodia ; nevertheless, we can happen and raise some related points that enhance the outgrowth of labours misdemeanor in Cambodia.

1. The weak of Labor Laws in Cambodia:

As we can see in many articles from the newspapers and other public stuffs, we can bare in mine that Cambodia has limited ability in implementing the Torahs. In fact, many articles in Labor Torahs are written to pursuit the regard of workers right ; nevertheless, the existent pattern has ne’er in a place. Clearly, harmonizing to the labour Torahs, both international and domestic, workers have right to strike and corporate bargaining, but in the world they have ne’er been respected ; in contrast, in every contact or demanding, worker were normally harmed, injured and sometime was threatened to be imprison or condemnable accused ( Jaya Ramachandran, 2010 ) . Argued form authorization, this resulted is held because the contact of workers have choked off the traffic, impacting the agendas of senior authorities functionaries ( John Braddock, 2010 ) .

Besides, Cambodia labour Laws besides fail to turn to the status in which investors or employers need to use in engaging local workers. With this error, investors can endanger workers and avoid any cardinal duties under labour codification ; engaging a short-contract workers employers do non necessitate to supply any pregnancy or one-year leave. In add-on, it can advantage the employer in closing up the employees from knocking or complain every bit good detering, fright from being dismissed from future contract, workers from fall ining trade brotherhoods ( Dianna Karako, September 16, 2010 ) .

In overall, harmonizing to Mr. Chan Presidh, Commerce Minister, when interviewed with VOA, said that Cambodia Torahs is argued to be well-written in term of criterion and receptivity to the right of worker, but we [ Cambodia ] have slow pattern and enforcement, ( Taing Sarada, 2009 ) . It means that Cambodia has limited capacity to take the Torahs in existent pattern.

2. Developing State

As we already reference in the early subdivision, Cambodia demands a growing of economic and industrialisation ; hence, the attractive force of the investors is ever in a top precedence non answerability to the workers. Actually, Cambodia tries to make an investing environment, low revenue enhancements, for case, to foreign investors. Therefore, Cambodia authorities besides tries non to raise up the lower limit pay, unattractive environment, argued organize the Labor Minister Vong Soth said on August 10,2010 ( John Braddock, 2010 ) .

3. The demand Among Parties do non fit

Under economic perceptual experience, there is a cardinal antonym and imbalance between the Sellerss and purchasers which is similar to the demand of employers and employees in the mills universe.

Garment Workers/ Employees:

Garment workers or employees can be considered as the first party and victims enduring from workers right misdemeanor. By and large they are defined to those who have limited living criterion, who from the rural countries, who work in the front line, and who receive direct development from the proprietors of mills. They usually earn the pay, through the sum of work they have done, instead than the salary. The money they normally get is 50 $ – 90 $ which are claimed that there is non plenty ( Karakos, September 19, 2010 ) . Because of the background and life load, demand an equal salary becomes workers basic desire. As a consequence, on Monday September 13, 2010, there is a contact of 300,000 workers on the route taking to inquire for a rise on the minimal pay from 61 $ to 90 $ ( Dianna Karako, September 16, 2010 ) . Workers need an equal pay covered of basic demand of work including nutrient and non-food ( lodging, vesture ) stopper with basic demand of dependant ( traveling place and back up their life ) ( Dr. Kang Chandararot & A ; Ms. Liv Dannet, September 30 2009 ) .

More than that, workers besides demand the transparence from authorities as reflected in striking on August 10 2010, after authorities ran a panel ballot to lift minimal pay from 50 $ -61 $ ( John Braddock, 2010 ) . Furthermore, they besides demand a right to take parting in any brotherhood as they like without a fright of being fired by company or employer.

Employers or Owners:

Employers or proprietors of the mills can be considered as the 2nd party. What the employers want is net income, minimising the cost, which prefer in tautening in such underdeveloped state like Cambodia, a low labour cost and revenue enhancements payment state. Actually, Cambodia authorities earnestly concern about the publicity of investing ; obviously, Labor Minister Vong Soth, on August 10, 2010, claimed that hiking the lower limit pay by any more [ more than 61 $ ] would do Cambodia an unattractive finish for abroad investors ; likewise, Mr. Van Sou Ieng, spokesman of Garment Manufacturers Association, said ‘if we increased the lower limit pay more than this, [ employers ] will halt investment in our state ‘ ( John Braddock, 2010 ) .

This action decidedly comes along with and the consequence of the flow of the globalisation, a preferred economic system in today universe. It is surely good in conveying the investors and speed uping investing in Cambodia, but at the same it provides a opportunity for large company, Nike, Adidas, for case, in working the worker right which is best lucifer to the theory of Marxism that capitalist economic is full of development between employers ( user ) and employees ( being exploited ) ( Jackson, 2007 ) .

Employees or Trade Unions:

Employees or trade brotherhoods can be considered as the 3rd party, or arbitration in between employers and employees. Officially, they usually are provided some certain rights in stand foring the claim of employees, to negociate with employers, roll uping bargaining, and obliged employer, etc. However, although the trade brotherhoods have the right and responsibility to cover with the issues between the employers and employees, most of the clip differences are capable in complex declaration process or are being advise to convey in the tribunal which is dearly-won and in effectual ( corruptness job ) instead than in the process of trade brotherhoods. Furthermore, within the right in bargaining, trade brotherhoods are non likely to allow most representative position from the authorization every bit long as the issues is involved or concerned with 3rd parties like Labor Advisory Committee, for case ( 2010 Annual Survey of Violation of Trade Union,2010 ) .

Taking see the job above, demand of trade brotherhood, foremost of all, is to recover their right in covering the struggle. It means they want authorization and employers to supply them a position, for illustration employers should non inquire for other representative which does non officially represent the company. Second, they would wish to guarantee their security since trade brotherhoods leaders are normally harmed by decease menaces, dismissals, blacklisting, false accusal, pay tax write-offs and exclusion from publicity, etc. Third, they besides want to reform the Arbitration Council, that probably to work as Labor Court, to be more power and enforceable to employers. Besides, they besides propose employers in utilizing longer contract ; in other word, they want the authorities to put the status to employers in engaging local workers. Of class, they besides have desire in amending the Torahs, to repeat or clear up the responsible of brotherhood leader and store steward. The most of import point is claiming the right of workers in the name of employees voice ( 2010 Annual Survey of Violation of Trade Union, 2010 ) .

After the description of cause and demand from each party, following subdivision we will travel to explore more on the response of internal histrions and external histrions.

III. Responses

Looking into the concerned issue of human right misdemeanor in Cambodia, there are several factors that have played a function in covering or supplying solutions which we can sort into two large classs: internal histrions ( authorities ) and external histrions ( INGOs, NGOs, UN ) .

a. Internal Actors:

In this portion, we will concentrate chiefly on the act of authorities who has an duty, answerability to his ain people, in covering domestic issue. The most important one of Kampuchean authorities action is the acceptance and announcement of Labor Laws in 1997 which recognized the right of workers every bit good as puting the status to do certain that endeavor and worker involvement are met ( “ Labor codification for land of Cambodia, ” ( n.d ) ) .

Second is the acceptance of US-Cambodia Textile Agreement which paves a manner or give a responsible for authorities to better the worker right in Cambodia through the “ positive market entree inducement ” with the leting on worker right appraisal from international bureau, International Labor Organization ( IL0 ) ( Polaski, 2006 ) . Along with this, US and Cambodia authorities has a plan under ILO monitoring in bettering the Cost of Labor System ( CLS ) ( Bakvis, 2008 ) .

Besides, there are besides negative responses from the authorization. Toward striking, contrast from Labor Laws, authorization responds unsuitably to dissenter ; harmonizing to LICADHO website poster that “ onslaught on dissenters, legal menaces against organisers, and the court-sponsored revenge against brotherhood member ” are the replies acquiring from the authorities on the workers and garment in the contact on September 13-16, 2010 ( “ Intimidation and legal menaces against brotherhood workers and leader must discontinue, ” 2010 ) .

B. External Actors

External Actors play a important function in easing or organize the struggles declaration every bit good as supplying aid to cover the misdemeanor in Cambodia. In Cambodia, there are assortments of external histrions runing from the domestic NGOs to international Organizations such as UN and its International Labor Office ( ILO ) , for case.

First and foremost is International Labor Office ( ILO ) . ILO has been created since 1919 and expertise in measuring the labour rights in both developed and developing states. In covering with Cambodia, ILO has assist as arbiter between US and Cambodia in quota determination procedure ( Polaski, 2006 ) .

Another, Clean Clothes Campaign ( CCC ) besides tries to set force per unit area on the employer every bit good as authorization to guarantee that workers right has been matched through the lobbying or motion to raise the consciousness of purchasers and others taking in detering purchaser to buy goods bring forthing in peculiar company if on the job status does non properly meet or worker right are violated ( Diana Karakos, 2010 ) .

Harmonizing to UNHCR, they have been inquiring authorities to supply justness to merchandise brotherhood leader ‘Vichea ‘ after he has been murdered. They have joint the statement with the Human Rights Watch, the International Trade Union Confederation and the Observatory for the Protection of Human Right in suggesting and promoting the Kampuchean Supreme Court as an independent establishment which judgement are held with the demonstrated evident ( Human Right Watch, 2008 ) . Furthermore, trade brotherhoods and workers are besides suppressing the right to talk freely as the rule of labour right ( “ LRN urges Cambodia to drop Rong Chhun Charges, ” ( n.d ) ) .

All in all, these are the responses that internal histrions and external histrions have been done so far to the issue of garment right misdemeanor. At the following subdivision, we will travel to see and detect more the effectivity of them in Cambodia context.

IV. Outcome of the internal and external intercessions:

Here, we will travel to analysis the effectivity of that material in the existent state of affairs of Cambodia.


For authorities intercessions, they are sound to obtain unfavorable judgment from the citizen and external histrions. Initially, the execution of labour jurisprudence is weak which it is non merely claim by merely the citizen, but it is besides confirmed from Mr. Chan Piesidh, Minister of Commerce that the execution is slow ( Taing Sarada, 2009 ) , and until now there is non yet any update.

Furthermore, the freedom to work stoppage of worker, written in the Labor Law, is non truly existed. Actually, the contact in forepart of company is believed to allowed merely in the first topographic point, but latter they will be attacked and threaten from the authorization and resulted in injured ( 2007 one-year study of trade brotherhood right n.d ) .

Besides, there is a bias act, harmonizing to the 2007 one-year study of ILO, there are about 11 federations has relation to authorities, are received discriminatory rights, and they work against, endangering trade brotherhood leader ( 2007 one-year study of trade brotherhood right n.d ) . ILO, as authorization to be the labour proctor and go-between in US-Cambodia Textile Agreement, has done a good occupation in increasing the working and factory status ; minimal pay and one-year leave are provided to workers ( Marston, 2007 ) .

Furthermore, the consideration of authorities on the outlining the “ Law on Local Association and Non-Government Organizational ” since external histrions particularly non-government organisations ( NGOs ) found that it should be curtail the act and the support of them to the Trade Union ( 2007 one-year study of trade brotherhood right n.d ) .

External histrions:

Because of expertness, accomplishments and resource, external histrions have done good occupations. ILO, one organisation, knows how to entree the information and cover the issue ; in other word, ILO knows how to acquire the dependable informations. Indeed, when ILO came to look into the working criterion, they are normally an unheralded visit, and when ILO accesses to worker information, workers are interviewed far off from the employer sight and mills ( Marston, 2007 ) .

Presently more and more consumers, who buy the merchandise of Cambodia, are cognizant the human right issue in Cambodia. Harmonizing to the study of World Bank in 2004, there are about 60 % acknowledge the of import of the labour status, “ Labor criterions were of equal or greater importance than factors like monetary value, quality and bringing times ” ( Marston, 2007 ) .

Although the external histrions have the adequate resource and ability to manage with labour issue, sometime it needs clip to treat. Of class, the purpose of UNHCR is to advance the power of justice and constabulary, but until now the power is still limited, more instances are being observed but have non any working out yet.

V. Conclusion

All in all, we have discussed a batch in the country related to the worker right misdemeanor in Cambodia ; the status or state of affairs, the causes, the intercessions of authorities and external histrions every bit good as the consequences. Within the information above, it is clear that worker right misdemeanor in Cambodia is a concerned issue which needs coordination from parties. Furthermore, it indirectly addresses the ability of Cambodia government- limited in covering with the issue. Therefore, it will be hazardous if we let Cambodia authorities to handle the issue entirely. However, it does non intend issue of worker right misdemeanor is being merely under controlled of the external histrions which by making so, Cambodia will confront another new challenge, misdemeanor of sovereignty province. Actually, both province and external histrions have to work together.

Initially, reconsideration and reformation of the authorities policy is recommended. In fact, authorities should handle the workers and investors reasonably ; non bias to the investors ( favor investing policy and low minimal rewards ) . Second, authorities should armament its policy particularly the investing Torahs, the length of company running, and the labour Torahs which condition the employers to pay certain value to employees ; accordingly, authorities will guarantee that the benefit is non merely provided to investor but besides the occupant of Cambodia.

Besides, cooperation and coordination between province and external histrions is besides indispensable. Indeed, it can be held up when there is transparence between two. Indeed, being crystalline among others will avoid the gratuitous misinterpretation and ease the operation in work outing the job. In add-on, it is indispensable that external histrions promote authorities to make so. Primarily, province has limited resource and ability such as accomplishment or instruction, for case, so supplying helper on preparation from external histrions is truly helpful to the province in equilibrating the power of province and external histrions.

All in all, the issue of Cambodia right misdemeanor is complex since Cambodia has a antagonistic involvement between economic development and occupant public assistance. However, for my text Cambodia should pay more value on occupant public assistance as I believe that it will provides long term benefit to Cambodia. Therefore, authorities every bit good as external histrions has to work parallel so that the issue will efficaciously be trade. Notably, the external histrions should learn the authorities to catch the fish instead than give the fish.



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