• Society

Cambodia Dismisses UN Human Rights’ Call for Chhim Sithar's Charge Drop  

• By Teng Yalirozy
• May 6, 2024 2:00 PM

PHNOM PENH – Cambodia dismissed the United Nations Human Rights Office spokesperson’s concerns and statement over the upheld conviction of human rights defender and leader of trade union Chhim Sithar, calling the spokesperson “biased” and “deceptive.” 

On May 3, Jeremy Laurence expressed his concerns over the Supreme Court’s decision to uphold the conviction of Chhim Sithar on charges of “incitement to felony or disturb social order,” calling for her immediate release and for the authorities to withdraw the union leaders’ convictions.

In Dara, the representative of the Permanent Mission of Cambodia to the United Nations, said the call for the release and the drop of charges​ is an “insult to the jurisdiction and integrity of the Cambodian court.”

“The court’s decision is based on evidence and in line with the accurate procedure,” he said in a statement on May 5. “A​​ separation of powers in a democratic society is to ensure the independence of the judiciary, without any other authority interfering with or pressuring the courts to drop charges or overturn sentences.”

In May 2023, Chhim Sithar was sentenced to two years in jail by the Phnom Penh Municipal Court. Another eight union leaders were also sentenced to jail terms but received suspended sentences or monitoring orders.

The convictions were rendered under Articles 494 and 495 of the Criminal Code, which define the “incitement to commit felony.” They had led peaceful protests in front of the Nagaworld casino complex in Phnom Penh.

The first five sentenced union members are Chhim Sokhorn, Hay Sopheap, Kleang Soben, Sun Sreypich and Touch Sereymeas. They were sentenced to 18 months in prison but were released and put under judicial supervision. The other three defendants, Ry Sovandy Sok Kongkea and Sok Narith, received a one-year suspended sentence.

Jeremy Laurence said exercising their rights to peaceful assembly and association shouldn’t result in convicting protesters, as such rights are protected by the Cambodian Constitution and the International Covenant on Civil and Political Rights ratified by Cambodia in 1992.

“The rights to peaceful assembly and association include the right to hold meetings, sit-ins and strikes, and the right of individuals to interact and organize among themselves to collectively express, promote, pursue and defend common interests,” he said.

“We urge Cambodia to fully uphold the human rights protections recognized under international law and create an environment where people can freely exercise their rights,” he said.

In Dara said the group was not convicted because they exercised their rights of assembly or association but because they caused social disorder that affected security.

 “The conviction is decided due to the violation of the law,” he said.

In late 2021, Chhim Sithar emerged as the main union figure leading peaceful protests of Nagawaorld employees after hundreds of union members had been laid off by the company. Protesters were demanding the reinstatement of the employees and higher wages.

She was arrested for a first time in early January 2022 and released on bail in March, three months later, before being re-elected as the head of the Labor Rights Supported Union (LSRU) union, in April 2022. She was then re-arrested in November 2022 for allegedly violating her bail by traveling abroad to attend a trade union conference.

The Nagaworld strike was considered illegal as authorities deemed protesters couldn’t sustain their activity without foreign support. In Dara said anyone who organizes an illegitimate strike or violent demonstration that disturbs social order has to be held accountable.

He cited the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) which does not give the rights to unionists to commit criminal offenses with impunity.

UN Human Rights Office Spokesperson Jeremy Laurence said a strong, inclusive democracy that values diverse voices and opinions, including those expressing discontent, is crucial for social and economic development.

In Dara said Cambodia continues to maintain plurality, inclusivity and the rule of law that pushes forward progress in the democratic society, in which different voices and diversity are respected.

“Cambodia believes that meaningful and inclusive participation in a democratic society is possible as long as every individual joins without status or tendency and exercises the rights granted within boundaries of the Rule of Law,” he said.