Tuesday, October 10, 2017

US & EU urge Cambodia to strengthen worker's rights

Tin Sokhavuth

Photo: US Embassy in Phnom Penh

The US Embassy in Phnom Penh, on Monday, published a post on their Facebook page stating that US Ambassador William Heid and EU Ambassador George Edgar, last week, met with Minister of Labor and Vocational Training Ith Samheng to discuss measures on how to strengthen workers' rights and ameliorate labor condition in the country.

Regarding workers' rights, the two Ambassadors urged the Cambodian government to follow the recommendations of the International labour Organization (ILO) in term of the rights of workers to choose their own unions, to register unions under a fair and transparent process, and to settle collective labor disputes in a transparent manner and with limited time.

The Ambassadors also encouraged the Cambodian government to consult with all parties concerned when making draft laws in the labor field in order for the laws to meet international standard.

As for labor dispute and resolution, in his speech at the conference on "Labor Dispute Resolution System" in March, Ambassador Heid said that in Cambodia, the Arbitration Council Foundation (ACF) plays a very important role in settling labor disputes in garment industry which represents 10 percent of the Cambodian GDP. And this institution will continue to play this crucial role in the country for many years to come as long as a high functioning labor court does not exist yet.

"The ACF’s role will be all the more important as the Government considers how to implement a system of labor courts in Cambodia. Realistically speaking, once the necessary laws are passed, it will take some time – probably years – to develop high functioning labor courts in Cambodia," said Mr. Heidt.

Mr. Heidt also said that after the passage of the Trade Union Law last year, a draft law on labor disputes and tribunal procedures, and another draft law on the national minimum wage are being discussed by stakeholders. These complex laws will have a strong impact on Cambodian international relation system.

From the ambassador's point of view, the draft law on labor disputes and tribunal procedures should be used as an instrument to find solution concerning labor dispute at «all levels». The draft law should also set out clear roles for other institutions concerned including the ACF.

Moreover, Mr. Heidt added that the ACF is also an important agency through which other international institutions, such as ILO, Better Factories Cambodia (BFC), could involve directly in supporting Cambodian garment sector.

According to Mr. Heidt, from a legal perspective, the participation of the international institutions in strengthening industrial labor dispute resolution proves that the RGC is openly and internationally committed to find better solution regarding labor dispute that affects also buyers of Cambodian products.

"In a labor intensive business like garments, it is critically important to build mechanisms that can resolve labor disputes without disrupting value chains. For more than a decade, the Arbitration Council Foundation has been such a mechanism, and has played a key role in building an environment of confidence for investors," added Ambassador Heidt.

With the assistance from ILO, and the support from union federations and employer associations, the ACF was created in 2004 as a permanent management structure for the Arbitration Council (AF) under the supervision of the Ministry of Labor and Vocational Training. However, the ACF is registered with the Ministry of Interior as an NGO.

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