In the face of growing international condemnation, Cambodian authorities have released eight of the 11 NagaWorld trade unionists from prison on bail. Eight union leaders of LRSU were arrested in January and another three union activists were arrested in February for exercising their internationally recognized right to strike. Eight women were released yesterday while three men remain in prison, with possible release tomorrow. Although released from prison, the charges against the union leaders – charges that effectively criminalize trade union activities – have not been dropped.
The eight union leaders in arrested in January sought release on bail in order to represent their 365 members still fighting for reinstatement and over 3,000 LRSU members denied the right to union representation. Thousands of workers and their families face severe economic hardship and debt due to the actions of NagaWorld and the Ministry of Labour.
To avoid negotiations with the released LRSU leaders to reinstate hundreds of union members, NagaWorld and the Ministry of Labour created a fake union organization on the eve of their release from prison.
The new organization, called Union for Rights and Common Interests of NagaWorld Employees, was registered in record time. What would usually take months was completed in a matter of hours. The fake organization was quickly established to act as a counterpart in “negotiations” with NagaWorld management. The next step is for the Ministry of Labour to grant the fake organization Most Representative Status (MRS), depriving LRSU members of their collective bargaining rights. It is also expected that NagaWorld management exploit the climate if fear inside the hotel casino megacomplex to forcibly deduct union dues for the fake organization from the wages of the majority of workers.
The actions by NagaWorld and the Ministry of Labour are a desperate attempt to show the world that the rights violations have ended and the dispute is over. Just in time for an international tripartite mission to Cambodia scheduled for the end of March. Yet the actions of NagaWorld and the Ministry of Labour in creating a fake union organization and continuing to persecute LRSU members once again violates ILO Conventions Nos 87 and 98 on freedom of association and the right to collective bargaining.
LRSU has once again made it clear that it seeks good faith negotiations with NagaWorld to secure the reinstatement of unfairly terminated union members and for those opting to accept redundancy to receive their full legal entitlement to separation pay. At the same time the international community must make it clear that all charges against the arrested union leaders must be dropped and comprehensive legal reforms must protect trade union rights and prevent criminalization of trade union activities.
The international community must also make it clear that setting up a fake union organization and creating a climate of fear to silence workers fools no one.