Human rights and the garment industry in contemporary Cambodia

Stanford Journal of International Law

Volumn 36, Issue 1, 2000, Pages 119-174

  Hall, John A ^a,b,c  

^a ALBION COLLEGE   (United States)

^b UNIVERSITY OF OXFORD   (United Kingdom)

^c UNIVERSITY OF SUSSEX   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0034403957     PISSN: 07315082     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (343)

1. See Veron M.Y. Hung, Cambodia, in ASIA-PACIFIC CONSTITUTIONAL YEARBOOK 1996, at 69 (Cheryl Saunders & Graham Hassall eds., 1998). See generally ELIZABETH BECKER, WHEN THE WAR WAS OVER: CAMBODIA AND THE KHMER ROUGE REVOLUTION (1998) (describing the Khmer Rouge rule of Cambodia).
2. See Veron M.Y. Hung, Cambodia, in ASIA-PACIFIC CONSTITUTIONAL YEARBOOK 1996, at 69 (Cheryl Saunders & Graham Hassall eds., 1998). See generally ELIZABETH BECKER, WHEN THE WAR WAS OVER: CAMBODIA AND THE KHMER ROUGE REVOLUTION (1998) (describing the Khmer Rouge rule of Cambodia).
3. SIPHANA SOK & DENORA SÁRLN, THE CAMBODIA LEGAL RESOURCES DEVELOPMENT CENTER, LEGAL SYSTEM OF CAMBODIA 20 (1988) [hereinafter LEGAL SYSTEM].
4. See id.
5. See BECKER, supra note 1, at 441-42.
6. See Hung, supra note 1, at 69-70.
7. See id. at 70.
8. See BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, U.S. DEP'T OF STATE, CAMBODIA COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1997, at 1 (1998) [hereinafter 1997 COUNTRY REPORT].
9. See id. at 2.
10. See BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, U.S. DEP'T. OF STATE, CAMBODIA COUNTRY REPORT ON HÚMAN RIGHTS PRACTICES FOR 1998, at 1 (1999) [hereinafter 1998 COUNTRY REPORT].
11. See Jeff Smith, JIOG Spokesman Defends Review, Deplores Post-Poll Violence, CAMBODIA DAILY, Oct. 1, 1998, at 7.
12. Thomas Hammarberg, the U.N. Special Representative, stated: at least two people have been killed during demonstrations, while the bodies of sixteen others have been found floating in rivers, in irrigation ditches and in shallow graves around the capital. . . . [I am] gravely concerned for the increasing number of arrests, disappearances, and discoveries of bodies found in and around Phnom Penh since the government's September 7 crackdown on opposition protesters. Marc Levy & Saing Soenthrith, UN Claims 18 Bodies Discovered, CAMBODIA DAILY, Sept. 17, 1998, at 1.
13. 1998 COUNTRY REPORT, supra note 9, at 1.
14. See id.
15. See COMMON STATUTE OF CIVIL SERVANTS [hereinafter Civ. SERV. CODE] ch. VI, art. 51 (Cambodia) ("The civil servant against whom a complaint is filed for a crime or misdemeanor may by prosecuted by criminal jurisdictions only after the preliminary authorization of the Council of Ministers. . . .").
16. In this respect, the Cambodian Constitution states the following: Khmer citizens shall have the right to denounce, make complaints or file claims against any breach of the law by state and social organs or by members of such organs committed during the course of their duties. The settlement of complaints and claims shall reside under the competence of the courts. CONSTITUTION OF THE KINGDOM OF CAMBODIA ch. III, art. 39 [hereinafter CAMBODIA CONST.].
17. CAMBODIA CONST, ch. XIII, art. 131 ("The Constitution shall be the supreme law of the Kingdom of Cambodia. Laws and decisions by the State institutions shall have to be in strict conformity with the Constitution.").
18. See Situation of Human Rights in Cambodia: Report of the Secretary General, U.N. GAOR, 53rd Sess., Agenda Item 110(b), at 11, U.N. Doc. A/53/400 (1998) [hereinafter U.N. Report].
19. Id. at 12.
20. See id.
21. Id.
22. See id.
23. See HUMAN RIGHTS WATCH WORLD REPORT 1998, at 165 (1998) [hereinafter HRW REPORT].
24. See Hung, supra note 1, 89-90 n.74.
25. In 1996, during the U.N: Special Representative's visits, Hun Sen, Ranariddh, and the Minister of Justice indicated that they endorsed the idea of repealing Article 51 and allowing the free prosecution of civil servants and army personnel alleged to have committed crimes. See Hung, supra note 1, at 91. In 1997, the Minister of Justice again proposed that the article be repealed or amended. In a letter addressed to the Minister of Defense dated June 22, 1997, the Minister of Justice restricted the scope of Article 51 by excluding military personnel from its protection. This was not, however, as significant an advance against military impunity as it may appear. The Ministry of Justice Circular of March 11, 1998 makes clear that military commanders retain the right to decide whether soldiers under their command must attend court if summoned. As the U.N. report on human rights in Cambodia noted, "[t]hese were positive steps though they may be interpreted as perpetuating the authority of military commanders to decide whether or not a soldier will be sent to court." U.N. Report, supra note 17, at 11. The Circular of March 11, 1998 also makes clear that Article 51 still applies to military commanders, ensuring that they continue to enjoy impunity for criminal offenses they commit. See id.
26. International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993 U.N.T.S. 3 [hereinafter ICESCR].
27. International Covenant on Civil and Political Rights, Mar. 23, 1976, 999 U.N.T.S. 302.
28. International Convention on the Elimination of All Forms of Racial Discrimination, Jan. 4, 1969, 660 U.N.T.S. 195.
29. See International Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13; FOR THE RECORD 1997: THE U.N. HUMAN RIGHTS SYSTEM, (visited Oct. 1, 1999).
30. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, 1465 U.N.T.S. 85.
31. Convention on the Rights of the Child, Nov. 20, 1989, 28 I.L.M. 1454. For general reference on Cambodia and the international human rights agreements, see FOR THE RECORD 1997: THE U.N. HUMAN RIGHTS SYSTEM, supra note 28.
32. See generally CAMBODIA CONST, ch. III (granting citizens numerous rights including the rights to a free press, equal protection of the laws, and a fair trial); CAMBODIA CONST, ch. IV (stating that the state shall protect the education, culture, and health of Khmer citizens).
33. CAMBODIA CONST, ch. III, art. 31.
34. See SHERRIE BROWN ET AL., CAMBODIAN LAW AND THE CONVENTION ON THE RIGHTS OF THE CHILD 14-15 (1998).
35. See Telephone Interview with Mrs. Chichioco, Librarian, ILO, New York (Feb. 24, 1999).
36. See International Labour Organisation Convention No. 87, July 9, 1948, 68 U.N.T.S. 17 [hereinafter ILO Convention No. 87]; International Labour Convention No. 98, July 1, 1949, 96 U.N.T.S. 257 [hereinafter ILO Convention No. 98].
37. International Labor Organization Convention No. 100, June 29, 1951, 165 U.N.T.S. 303; International Labor Organization Convention No. 111, June 25, 1958, 362 U.N.T.S. 31.
38. International Labor Organization Convention No. 29, June 28, 1930, 39 U.N.T.S. 55; International Labor Organization Convention No. 105, June 25, 1957, 320 U.N.T.S. 291.
39. International Labor Organization Convention No. 138, June 26, 1973, 1015 U.N.T.S. 297.
40. International Labour Organisation, Declaration on Fundamental Principles and Rights at Work, June 18, 1998, 37 I.L.M. 1233.
41. Id.
42. See International Labour Organisation, Press Release, Feb. 8, 1999, (visited Oct. 2, 1999).
43. LABOR CODE ch. XIX (Cambodia) [hereinafter 1997 LAB. CODE].
44. LEGAL SYSTEM, supra note 2, at 139.
45. See Interview with Noun Rithy, National Project Coordinator, ILO, Phnom Penh (Dec. 25, 1998).
46. See 1997 LAB. CODE § 2, art. 343. The full title of the governmental ministry is actually the Ministry of Social Affairs, Labor, and Veterans Affairs. I use "Ministry of Labor" and "Ministry" for convenience.
47. U.N. Report, supra note 17, at 16. A senior Ministry representative said that in the summer of 1998, the Bureau of Labor Inspection even lacked money to buy gasoline for its mopeds. See Interview with anonymous supervisor, Bureau of Labor Inspection, Ministry of Labor, Phnom Penh (Aug. 1, 1998).
48. BROWN ET AL., supra note 33, at 159.
49. See Interview with anonymous former inspector, Ministry of Labor, Phnom Penh (July 27, 1998).
50. Id.
51. The CLO is a nonpolitical NGO, funded by the United Nations and the Belgian Government, that has operated in Phnom Penh since 1996. It employs a number of female investigators, who visit factories and develop long-term contacts with workers and union officials. The CLO investigators have collected very extensive documentation of factory conditions and labor issues. Seng Phally and the CLO staff were of enormous help to me, allowing me to photocopy reports and other materials and providing me with a considerable amount of information and documentation in the course of several lengthy interviews. I found the CLO to be a trustworthy source of material evidence and I was impressed by their meticulous methodology. I cross-checked all of the information they provided and included in this Note only that evidence that was verifiable by alternative means, such as newspaper accounts or interviews with union or Ministry representatives
52. See Interview with Seng Phally, Executive Director, Cambodian Labor Organization (CLO), Phnom Penh (Dec. 24, 1998).
53. See Bama Athreya, Labor Conditions in Cambodia's Garment Industry 1 (Aug. 16, 1996) (unpublished manuscript, on file with the Stanford Journal of International Law).
54. DIRKSEN FLIPSE DORAN & LE, CAMBODIA INVESTMENT GUIDE 13 (1998).
55. See id.
56. See REPORT ON THE CAMBODIAN 1998 JOINT UNICEF-WFP BASELINE SURVEY OF CASD PROJECT AND WFP TARGET AREAS, at 20-22 (1998) [hereinafter UNICEF-WFP BASELINE SURVEY]. The report provides comprehensive and depressing information about the health, nutrition, socio-economics, and vulnerability of the rural population. For example, 69% of nonpregnant women, and 74% of pregnant women, were found to be anemic; 82% of children aged 6-59 months nationwide, and 90% of the children in Stung Traeng Province were anemic. The WFP found that among children aged 6-59 months, 19.6% were "wasted," 62.4% were "underweight," while 53.7% were "stunted," an indication of malnutrition. Widespread maternal malnutrition contributes to death through cephalo-pelvic disproportion, hemorrhage as a result of stunting as a child, and anemia. See id. at 26.
57. See Malnutrition Reaching Crisis Level, WFP Says, CAMBODIA DAILY, Nov. 25, 1998, at 7.
58. See id.
59. See UNICEF-WFP BASELINE SURVEY, supra note 55, at 2.
60. See Athreya, supra note 52, at 2.
61. See id.
62. See id. at 1.
63. See ICFTU-APRO, Labour Flash No. 558 (Jan. 10, 1997), (visited October 2, 1999).
64. DIRKSEN FLIPSE DORAN & LE, supra note 50, at 49.
65. See Interview with Seng Phally, Executive Director, Cambodian Labor Organization, Phnom Penh (Dec. 23, 1998).
66. See $351m in New Projects OK'd, CAMBODIA DAILY, Oct. 15, 1998, at 10.
67. Interview with anonymous factory manager A, Phnom Penh (July 2, 1998). He is a senior manager of a factory that employs over 500 garment workers and has been in Cambodia for over two years.
68. See Ministry of Commerce, Memorandum outlining points for discussion at meeting with the Garment Manufacturers Association of Cambodia (Dec. 21, 1998) (unpublished memorandum, on file with the Stanford Journal of International Law) [hereinafter MOC-GMAC Handout].
69. See id.
70. Id.
71. See id.
72. See id.
73. See $351m in New Projects OK'd, supra note 65, at 10.
74. Interview with anonymous factory manager B, Phnom Penh (July 12, 1998). He is a junior manager at a garment factory, although he would not speak in detail.
75. See Cambodian Embassy to the United States, Homepage, (visited Oct. 2, 1999).
76. See Interview with Seng Phally, supra note 64.
77. See id.
78. See Office of Textile and Apparel, Textile and Apparel Agreements, Cambodia Bilateral Agreement, Agreement Relating to Trade in Cotton, Wool, Man-made Fiber, Non-Cotton Vegetable Fiber and Silk Blend Textiles and Textile Products, (visited Jan. 20, 1999) (detailing the quotas that have been placed on 12 garment lines).
79. Interview with anonymous reporter, Cambodia Daily, Phnom Penh (Jan. 6, 1999).
80. Interview with Debra Boyce, Reporter, Cambodia Daily, Phnom Penh (Jan. 11, 1999).
81. See Interview with anonymous reporter, supra note 75.
82. See Tycoon's Casino Still Rolling, CAMBODIA DAILY, Dec. 8, 1998, at 12. Teng Bunma is well known in Phnom Penh as a feared "strongman" supporter of Hun Sen, and is widely considered to be above the law. In one incident, when displeased with the service he received on a Royal Air Cambodge flight into Pochentong Airport, he took the gun of one of his bodyguards and shot out the tires of the plane. As President of the Chamber of Commerce, Teng Bunma was a powerful and influential supporter of the CPP. See id. After the 1997 coup, he was overheard bragging the following: "No more Rainsy. No more Ranariddh. No more unions." See Interview with Debra Boyce, supra note 79.
83. See Hun Sen Finds Garment Jobs for Basac Camp Squatters, CAMBODIA DAILY, May 13, 1998, at 10. Interestingly, Roger Tan, Vice President of the Cambodia Garment Manufacturer's Association, was caught off guard by Hun Sen's promise of jobs for the squatters. "I have heard that something is brewing with the recruitment of workers," he said. "But we have not been officially notified yet." See id.
84. See id.
85. See Interview with anonymous representative, Sam Rainsy Party, Phnom Penh (Aug. 1, 1998).
86. See INTERNATIONAL HERALD TRIBUNE, Jan. 12, 1999, at 1.
87. See id.
88. See Kao Kim Hourn, The Emergence of Trade Unions in Cambodia: Opportunities and Challenges 8-9 (Oct. 31, 1998) ("Approximately 40 per cent of Cambodia's national budget derives from foreign assistance. . . .") (unpublished manuscript, on file with the Stanford Journal of International Law).
89. See Kao Kim Hourn, The Emergence of Trade Unions in Cambodia: Opportunities and Challenges 8-9 (Oct. 31, 1998) ("Approximately 40 per cent of Cambodia's national budget derives from foreign assistance. . . .") (unpublished manuscript, on file with the Stanford Journal of International Law).
90. Interview with Noun Rithy, supra note 44.
91. Universal Declaration of Human Rights, G.A. Res. 217A, U.N. Doc. A/810 (1948).
92. Id.
93. ICESCR, supra note 25, at 6.
94. Id.
95. See Constitution of the International Labour Organisation, June 28, 1919, 15 U.N.T.S. 40.
96. See ILO Convention No. 87, supra note 35; ILO Convention No. 98, supra note 35; International Labour Organisation Convention No. 135, June 23, 1971, 883 U.N.T.S. 111.
97. CAMBODIA CONST. ch. III, art. 36.
98. CAMBODIA CONST. ch. III, art. 41.
99. CAMBODIA CONST. ch. III, art. 42.
100. Athreya, supra note 52, at 3-4.
101. See Interview with Noun Rithy, supra note 44, at 3.
102. See 1997 LAB. CODE ch. XI, § 1 (establishing the right to organize).
103. See 1997 LAB. CODE ch. XI, § 2 (protecting labor union freedom).
104. See 1997 LAB. CODE ch. XI, § 3 (establishing right of representation in the workplace).
105. 1997 LAB. CODE ch. XI, § 1, art. 266.
106. 1997 LAB. CODEch. XI, § 1, art. 267.
107. U.N. Report, supra note 17, at 16.
108. AFL-CIO GSP Petition on Cambodia, at 1, 7 (Aug. 27, 1998) (unpublished document, on file with the Stanford Journal of International Law).
109. See id. at 6.
110. See id. at 6-7.
111. 1997 LAB. CODE ch. XI, § 2, art. 281.
112. 1997 LAB. CODE ch. XI, § 1, art. 273.
113. ILO Convention No. 87, supra note 35, art. 7.
114. See 1997 LAB. CODE ch. XI, § 1, art. 268.
115. See id.
116. See id.
117. See Interview with Noun Rithy, supra note 44.
118. See Interview with Seng Phally, supra note 51.
119. See AFL-CIO GSP Petition on Cambodia, supra note 106, at 2.
120. See 1997 LAB. CODE ch. XI, § 1, art. 269.
121. It is worth noting that garment factories tend to employ only women aged between 18 and 24. The CLO claims that in many factories, management fires garment workers as soon as they turn 25, the logic being that younger workers are easier to control and less troublesome. See Interview with anonymous investigator, CLO, Phnom Penh (Dec. 30, 1998).
122. See U.N. Report, supra note 17, at 16.
123. See Interview with Seng Phally, supra note 51.
124. See AFL-CIO GSP Petition on Cambodia, supra note 106, at 3.
125. Id.
126. See Interview with Rich Garella, supra note 135.
127. See Interview with Kong Sopheak, co-President, Free Union Federation of Cambodia (FUFC), Phnom Penh (July 20, 1998); Interview with Rich Garella, supra note 135.
128. See 1998 COUNTRY REPORT, supra note 9, at 17.
129. 1997 LAB. CODE ch. XI, § 3, an. 283.
130. 1997 LAB. CODE ch. XI, § 3, art. 288.
131. AFL-CIO GSP Petition on Cambodia, supra note 106, at 3.
132. Id.
133. Id.
134. See Id. at 5.
135. CAMBODIA CONST, ch. III, art. 37.
136. CAMBODIA CONST. ch. III, art. 38.
137. 1997 LAB. CODE eh. XI, § 1, art. 279.
138. See Interview with Rich Garella, Communications Officer, Sam Rainsy Party, Phnom Penh (Jan. 13, 1999).
139. BBC News Online, Feb. 16, 1998, (visited Oct. 4, 1999).
140. See Interview with Rich Garella, supra note 135.
141. See Interview with Noun Rithy, supra note 44.
142. HRW REPORT, supra note 22, at 167.
143. See 1997 COUNTRY REPORT, supra note 7, at 20. Though such violence is usually carried out by guards, management have assaulted workers in some factories, including Beching where, in November 1998, a manager beat a female worker with a shoe. See id.
144. See Interview with anonymous investigator, CLO, supra note 119..
145. See id.
146. See Kimsan Chantara, Union Workers Protest Attack, CAMBODIA DAILY, Jan. 11, 1999, at 15.
147. Interview with Rich Garella, supra note 135.
148. According to the CLO, CPG manufactures clothing for Target stores in the United States, including the label names "French Toast Sport," "Honors," and "Paul Harris Design." CLO investigators have collected labels from the clothing lines produced in many of the garment factories in Cambodia. Linking these lines with detailed reports of the conditions in the specific factories could be an important source of leverage against U.S. and European companies. For example, the CLO believes that the Chinese-owned Kwanli Clothing Factory, in Toul Kork, Phnom Penh, manufactures clothing for the U.S. brands Bugle Boy, Crossbow, and Erika & Co. The CLO has collected accounts of abuses in that factory, which are alleged to include routine late payment of salary (up to nine days) and paying only US$10 instead of the full US$40 on pay day. In addition, the factory reportedly does not pay workers for sick days and fines them an additional US$1.50 for each day missed, even when the missed work has resulted from injuries sustained in the workplace. Workers report the factory is very large, but has a low, corrugated iron roof, tiny windows, and broken ceiling fans. Conditions result in many workers fainting, widespread irritation of the lungs, and difficulty breathing. Finally, the CLO reports that although there is officially a union (Cambodian Union Federation), there was never any union election, and the workers say that the union is invisible and fails to address their concerns. See Interview with anonymous investigator, CLO, supranote 119.
149. See CLO Report on CPG Strike 1 (June 30, 1998) (unpublished manuscript, on file with the Stanford Journal of International Law).
150. See HRW REPORT, supra note 22, at 167.
151. See Global Threat Analysis, Police Stationed in Factories, Jan. 9, 1997, (visited Oct. 11, 1999); ICFTU-APRO, Labour Rash No. 558, supra note 59.
152. See Interview with Leng Vann Chair, Program Officer, AAFLI, and Philip Robertson, Mainland Southeast Asia Representative for Bangkok, AFL-CIO, Phnom Penh (June 24, 1998); 1997 COUNTRY REPORT, supra note 7, at 20.
153. See Interview with Leng Vann Chair and Philip Robertson, supra note 149.
154. See id.
155. See id.
156. See id.
157. See Interview with anonymous defense attorney, Phnom Penh (Aug. 11, 1998).
158. See 1997 COUNTRY REPORT, supra note 7, at 2.
159. Union officials also have been killed and reportedly "disappeared" in connection with participation in political activities. For example, three female garment workers associated with the Free Trade Union of the Kingdom of Cambodia were among the sixteen people killed in the March 30, 1997 grenade attack on a Sam-Rainsy Party rally in Phnom Penh. Security personal stationed near the site allegedly prevented bystanders from pursuing the unidentified attackers, who escaped on foot. See id. at 3, 20. It is also likely, although not documented, that pro-union workers and union representatives were among those killed for political activity during the period of opposition protests in August 1998 and the subsequent suppression by Government security forces in September. The U.N. High Commission on Human Rights has documented that at least forty-nine persons were killed in August and September. In addition, "[t]here were at least fifty-three credible reports of politically motivated disappearances during and following the August and September demonstrations." See 1998 COUNTRY REPORT, supra note 9, at 4. A CLO representative has concluded that several union representatives and pro-union workers, who have not been heard from since August, either fled Phnom Penh or were murdered. It is a practical impossibility in most cases to determine exactly how many people are missing and what their fates were. See Interview with Seng Phally, supra note 51.
160. See Ministry of Labor, Cambodia, List of Trade Unions Having Registered With the Ministry of Social Affairs, Labour and Veteran Affairs (July 10, 1998) (unpublished manuscript, on file with the Stanford Journal of International Law) [hereinafter Official List of Trade Unions].
161. See id; See also AFL-CIO GSP Petition on Cambodia, supra note 106, at 6-7 (describing the ITUCW "election" that took place in January 1998 at Cambodia Sports Wear, in the presence of Men Samon and representatives of the Ministry of Labor).
162. See Interview with Philip Robertson, Mainland Southeast Asia Representative for Bangkok, AFL-CIO, Phnom Penh (June 24, 1998).
163. See U.N. Report, supra note 17, at 16.
164. See AFL-CIO GSP Petition on Cambodia, supra note 106, at 6.
165. See Official List of Trade Unions, supra note 157; see also Kao Kim Hourn, supra note 84, app. at 28.
166. See Interview with Noun Rithy, supra note 44.
167. See Interview with Philip Robertson, supra note 159.
168. See Official List of Trade Unions, supra note 157.
169. See id.
170. The Cambodian Union Federation is discussed infra Part III.B.5.
171. See AFL-CIO GSP Petition on Cambodia, supra note 106, at 7.
172. See id.
173. See Kao Kim Hourn, supra note 87, app. at 24-25.
174. See Interview with Keo Borentr, Deputy Director, Labor Inspection Unit, Ministry of Labor, Phnom Penh (July 20, 1998).
175. See 1998 COUNTRY REPORT, supra note 9, at 17. It is probably not coincidental that the application was not approved until after the election and after the establishment of the CPPFUNCINPEC coalition government, which excluded Rainsy.
176. See id.
177. See id.
178. See Kao Kim Hourn, supra note 87, at 27.
179. See Interview with Philip Robertson, supra note 159.
180. See Interview with Rich Garella, supra note 135.
181. See id.
182. See Interview with Chuon Mom Thol, Director, Cambodian Union Federation, Phnom Penh (June 26, 1998).
183. Although Ou Mary is President of the FTUWKC, it is Rainsy who has personally intervened to represent workers during high-profile industrial actions such as the Sin Lan Ho strike in January 1998. See Interview with Rich Garella, supra note 135. At times it is unclear whether he is wearing the hat of opposition politician or union founder.
184. See id.
185. See id.
186. See Kao Kim Hourn, supra note 87, app. at 26.
187. Interview with anonymous representative, FTUWKC, Phnom Penh (Aug. 1, 1998).
188. See Interview with Kong Sopheak, supra note 151.
189. See id.
190. Interview with Noun Rithy, supra note 44.
191. See Interview with Philip Robertson, supra note 159.
192. See Interview with Kong Sopheak, supra note 151.
193. See Interview with Philip Robertson, supra note 159. Phil Robertson has noted that Chuon Mom Thol is also director of CHARTO, an NGO that provides legal assistance to workers. According to Robertson, CHARTO is funded by Sar Kheng, the CPP co-Minister of the Interior.
194. Interview with Chuon Mom Thol, supra note 179.
195. AFL-CIO GSP Petition on Cambodia, supra note 106, at 6.
196. See 1997 LAB. CODE ch. XII, § 2(A), art. 303.
197. See id.
198. See 1997 LAB. CODE ch. XII, § 2(A), art. 304.
199. See 1997 LAB. CODE ch. XII, § 2(A), art. 305.
200. See 1997 LAB. CODE ch. XII, § 2(A), art. 306.
201. See 1997 LAB. CODE ch. XII, § 2(A), art. 307.
202. See 1997 LAB. CODE ch. XII, § 2(B), art. 309.
203. Id.
204. 1997 LAB. CODE ch. XII, § 2(B), art. 311.
205. 1997 LAB. CODE ch. XII, § 2(B), art. 312.
206. See 1997 LAB. CODE ch. XII, § 2(B), art. 313.
207. See id.
208. See 1997 LAB. CODE ch. XII, § 2(B), art. 316.
209. 1997 LAB. CODE eh. XII, § 2(B), art. 317.
210. See Interview with Noun Rithy, supra note 44.
211. see id.
212. See Saing Soenthrith & Debra Boyce, Garment Workers Call Strike, CAMBODIA DAILY, Jan. 12, 1999, at 17.
213. See id.
214. Id.
215. Interview with anonymous representative, AAFLI, Phnom Penh (June 24, 1998).
216. See Interview with Noun Rithy, supra note 44.
217. See Interview with anonymous representative, Ministry of Labor, Phnom Penh (June 22, 1998).
218. International Labour Organsation Convention No. 181 art. 7(1).
219. Id. art. 7(2).
220. Id. art. 7(3).
221. International Labour Organisation Convention No. 29.
222. 1997 LAB. CODE ch. I, § 5, art. 16.
223. 1997 LAB. CODE ch. II, § 7, art. 44.
224. See Interview with anonymous investigator, CLO, supra note 119. The CLO claims that older workers, or workers reluctant to work overtime, are fired when the guards return with the new employees. See id.
225. See id.
226. See Saing Soenthrith, Garment Workers Protest Salary Reduction, CAMBODIA DAILY, Jan. 2, 1999, at 3.
227. See Interview with Seng Phally, supra note 51.
228. See Interview with anonymous investigator, CLO, supra note 119.
229. See Mhari Saito, Ministry Helps Job-Hunters, CAMBODIA DAILY, May 11, 1998, at 12.
230. See id.
231. See id.
232. See Interview with anonymous garment worker A, Phnom Penh (Jan. 2, 1999).
233. ICESCR, supra note 25, at 6.
234. Id. at 8.
235. 1997 LAB. CODE ch. VIU, § 3, art. 238.
236. 1997 LAB. CODE ch. VIII, § 3, art. 242.
237. 1997 LAB. CODE ch. VIII, § 3, art. 244.
238. U.N. Report, supra note 17, at 16.
239. See Interview with anonymous investigator, CLO, supra note 119.
240. See Interview with anonymous garment worker B, Phnom Penh (Aug. 2, 1998).
241. See Telephone Interview with anonymous representative, Gold Kamvimex, Phnom Penh (Aug. 4, 1998).
242. ICESCR, supra note 25, at 6.
243. Id. at 8.
244. 1997 LAB. CODE ch. VIII, § 1, art. 229.
245. Id.
246. See 1997 LAB. CODE ch. VIII, § 2, art. 233.
247. See Interview with anonymous investigator, CLO, supra note 119.
248. See Interview with anonymous worker, Gold Kamvimex, Phnom Penh (Aug. 2, 1998).
249. See Interview with anonymous investigator, CLO, supra note 119.
250. ICESCR, supra note 25, at 6.
251. See 1997 LAB. CODE ch. VIII, § 1, art. 229.
252. See Interview with anonymous investigator, CLO, supra note 119.
253. See Mhari Saito, US Garment Quota Could Start Jan. 1, CAMBODIA DAILY, Dec. 8, 1998, at 13 (quoting the Khmer language daily, Island of Peace)..
254. Interview with junior manager, Luen Thai Garment Company, Phnom Penh (Jan. 5, 1999).
255. See 1997 LAB. CODE ch. VIII, § 1, art. 230.
256. See Interview with anonymous investigator, CLO, supra note 119.
257. See id.
258. Athreya, supra note 52, at 6.
259. See Interview with anonymous investigator, CLO, supra note 119.
260. See id.
261. Universal Declaration of Human Rights, supra note 89.
262. ICESCR, supra note 25, at 5.
263. Id. at 6.
264. See CMIBODIAN CONST, ch. Ill, arts. 45-46.
265. See Interview with Seng Phally, supra note 51; Interview with Rich Garella, supra note
266. Interview with anonymous consultant, Phnom Penh (Dec. 22, 1998).
267. U.N. Report, supra note 17, at 16.
268. Id.
269. ICESCR, supra note 25, at 6.
270. International Labour Organisation Convention No. 29 art. 1.
271. Id. art. 2.
272. 1997 LAB. CODE eh. VI, § 2, art. 137.
273. 1997 LAB. CODE ch. VI, § 4, art. 146.
274. 1997 LAB. CODE ch. VI, § 2, art. 140.
275. See 1997 LAB. CODE ch. VI, § 2, art. 140(a)-(c).
276. See 1997 LAB. CODE ch. VI, § 5, art. 165.
277. 1997 LAB. CODE ch. I, § 5, art. 15.
278. See Interview with with anonymous investigator, CLO, supra note 119.
279. See Interview with Seng Phally, supra note 51; Saing Soenthrith & Debra Boyce, Late Pay Sparks Fresh Strike, CAMBODIA DAILY, Jan. 13, 1999, at 13.
280. See Interview with anonymous investigator, CLO, supra note 119.
281. U.N. Report, supra note 17, at 16.
282. See AFL-CIO GSP Petition on Cambodia, supra note 106, at 5.
283. 1997 LAB. CODE ch. VI, § 4, art. 147.
284. See 1997 LAB. CODE ch. VI, § 4, art. 158.
285. 1997 LAB. CODE ch. VI, § 4, art. 160.
286. See id.
287. See Interview with anonymous investigator, CLO, supra note 119.
288. See Saing & Boyce, supra note 209.
289. See 1997 LAB. CODE ch. VI, § 5, art. 161.
290. 1997 LAB. CODE ch. VI, § 5, art. 162.
291. 1997 LAB. CODE ch. VI, § 5, art. 164.
292. See id.
293. 1997 LAB. CODE ch. VI, § 6, art. 166.
294. See id.
295. 1997 LAB. CODE ch. VI, § 6, art. 167.
296. U.N. Report, supra note 17, at 16.
297. See Kao Kim Hourn, supra note 87, at 27.
298. Universal Declaration of Human Rights, supra note 89.
299. ICESCR, supra note 25, at 6.
300. See Athreya, supra note 52, at 4-5.
301. Id. at 5.
302. See id.
303. Interview with Seng Phally, supra note 51.
304. 1997 LAB. CODE ch. VI, § 1(B), art. 104.
305. See 1997 LAB. CODE ch. VI, § 1(B), art. 107(2).
306. See Saing Soenthrith, Factory Protest Turns Violent, CAMBODIA DAILY, Apr. 29, 1998, at 10.
307. See id.
308. See Ham Samnang, Labor Law Violators Beware Trade Dept. Official Warns, CAMBODIA DAILY, Apr. 24, 1998, at 14.
309. See Interview with anonymous representative, FTUWKC, Phnom Penh (Aug. 1, 1998).
310. See Interview with Seng Phally, supra note 51.
311. See Interview with anonymous investigator, CLO, supra note 119.
312. See Interview with anonymous worker, Gold Kamvimex, supra note 245.
313. See Interview with anonymous investigator, CLO, supra note 119.
314. 1997 LAB. CODE ch. VI, § 1(C), art. 117.
315. See Interview with anonymous investigator, CLO, supra note 119.
316. See id.
317. See Saing & Boyce, supra note 209.
318. See Interview with anonymous investigator, CLO, supra note 119.
319. See Saing & Boyce, supra note 209.
320. See Interview with anonymous investigator, CLO, supra note 119.
321. See Saing Soenthrith, Garment Workers Protest Salary Reduction, CAMBODIA DAILY, Jan. 2, 1999, at 3.
322. See Interview with anonymous investigator, CLO, supra note 119.
323. See id.
324. Cambodian Customs seized four containers of finished sweaters that had been illegally imported into Cambodia simply to receive a certificate of origin and have the "Made in Cambodia" labels sewn in, so that they could then be exported to the United States. A reporter at the Cambodia Daily speculated that the management of the factory had tried to do this without paying the appropriate bribes, had been caught, and had the shipment seized as a warning.
325. See Interview with anonymous investigator, CLO, supra note 119.
326. CAMBODIA CONST. eh. V, art. 59.
327. CAMBODIA CONST. eh. V, art. 72.
328. Interviews with anonymous inspector, Ministry of Environment, Phnom Penh (Dec. 23 and 28, 1998).
329. The CLO knows little about the Fu Hing factory, other than that it is a subsidiary of the Chinese-owned Chusing factory. Though CLO investigators have attempted to assess conditions in the factory, they have been unsuccessful. The factory overlooks the workers' housing, and the CLO investigator noted that "[t]he security guards watch everything. The workers are terrified, so we do not know the conditions inside." Interview with anonymous investigator, CLO, supra note 119. I was able to see piles of newly manufactured jeans, which would explain the dumping of what looked like indigo dye, but the security guards would not permit me to enter the premises. When I attempted to take photographs of the stream, a security guard fired a shot into the air to encourage me to leave.
330. See Interviews with anonymous inspector, Ministry of Environment, supra note 325.
331. r. Dorn had recently sold his tiny house for US$6000, which represented US$1000 per meter of river frontage, and was taking his family back to Takeo Province where he intended to use the money to buy a large farm. He understood that his house was to be torn down and replaced with a dormitory for factory workers. Mr. Dorn said that the name of the factory across the street was Sin Lan Hour and that it made clothing. He claimed that it employed more than 500 workers, and paid them up to US$100 per month for very little work. I frequently encountered such inflated estimates of factory wages among Khmer not working in the factories.
332. Jerry Redfern, Worried about the Water, CAMBODIA DAILY, Dec. 26, 1998, at 18.
333. Interviews with anonymous inspector, Ministry of Environment, supra note 325.
334. See id.
335. See Redfern, supra note 329.
336. See Civ. SERV. CODE ch. VI, ait. 51.
337. See text accompanying supra notes 14-15.
338. CAMBODIA CONST, ch. X, art. 122.
339. See Interview with Aron Cramer, Businesses for Social Responsibility, Phnom Penh, (Dec. 28, 1998).
340. See Interview with Seng Phally, supra note 51.
341. Universal Declaration of Human Rights, supra note 89.
342. See Alan Cowell, Annan Fears Backlash Over Global Crisis, N.Y. TIMES, Feb. 1, 1999, at A10.
343. See id.