The president of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU), Chhim Sithar, was released from prison at 4.30 a.m on September 16, 2024, after serving two years.
LRSU union members have been on strike since December 2021 against NagaWorld casino’s decision to implement mass layoffs in the middle of a pandemic. The firings included LRSU’s senior leadership and a large number of its members.
Ever since the strike started in 2021, workers have been allegedly subjected to physical, verbal and sexual assault by local authorities and security personnel.
Sithar and eight union members, Chhim Sokhon, Hay Sopheap, Khleang Soben, Ry Sovandy, Sok Kongkea, Sok Narith, Sun Srey Pich and Touch Serey Meas were violently arrested in January 2022. Sithar was re-arrested in November the same year and detained for allegedly violating the terms of her bail.
The Phnom Penh Municipal Court in May 2023, sentenced Sithar to two years in prison after being charged for incitement and social unrest for leading a strike. In May 2024, the Supreme Court upheld a lower court’s verdict against her, calling it a “fair decision”.
According to LICADHO, the Phnom Penh Municipal Court charged nine people associated with the LRSU and convicted them in 2023.
‘Wrong time release’
A prison truck took Sithar to her house about 4:30 a.m. Although she asked prison officials to leave the prison at 7 a.m., they refused, instructing her to pack her stuff and leave by 4:30 a.m., Sithar told CamboJA News.
The protesters expressed frustration over the release of the administration at the “wrong time”, noting that it was probably to disallow union members from welcoming Sithar.
Interior Ministry’s General Department of Prisons spokesperson Nuth Savana confirmed Sithar’s release on September 16 morning, but when asked what time she was released, he declined to state the time.
“Yes, of course, she was released this morning, but about the timing, I ask for it not to be specified,” said Savana.
Sithar told CamboJA News that she was shocked when the president of prison woke her up to pack her things early that morning, even though she asked to leave for home at 7 a.m.
She considered the timing of her release was done with the intention of disallowing union members to welcome her in front of the prison.
“I was shocked because I hadn’t woken up yet,” said Sithar. She heard from the prison chief that the senior officer who received the release paper arrived at the prison at 1 a.m. “However, the chief did not dare wake me up at 1 a.m., so he woke me up at 4:30 a.m.,” she said.
LRSU union member Nam Tiwan, 27, told CamboJA News that he was happy that his union leader was released but was disappointed with the timing, and that she was unjustly imprisoned for two years.
Tiwan said the labor dispute started during the old government and continued under the new government. He would be happier if the new government intervened to resolve the dispute, which has carried almost three years.
“I think the new government should have the capacity to resolve this dispute. If he can resolve this dispute, the credit will go to the government and the new prime minister will earn a good name,” he said.
Katta Orn, spokesperson of the Ministry of Labor and Vocational Training, said Sithar was “released after serving her sentence”. “I hope she will be a good citizen and not commit other crimes,” Katta Orn said.
Am Sam Ath, operations director of LICADHO, believes that the choice for the release of prisoners was “not a new thing” for prison officials because it has happened before.
“If we are talking about administrative hours, it is not right. But what we have seen so far seems habitual,” said Sam Ath.
Sithar received the 2024 Per Anger Award on April 19 in recognition of her dedication to promoting democracy and protecting human rights in Cambodia, despite serving a jail term. It was her second international award after receiving the Human Rights Defender Award by the US government last year.
Tears of joy, and solidarity
Owing to the cancellation of the plan to greet Sithar in front of the prison, a meeting was organized between Sithar and some 50 union members at 3 p.m. on September 16.
Members were smiling and cheering with some crying as Sithar had been released. They gave her flowers, cakes and other food, and gifts.
Sithar shared her experience in prison, including what she faced and how the prison looked like inside.
Due to her sudden release, Sithar has no plans to go on a strike yet, as she needs to go for a medical check-up because of her skin problem and cough, and spend time with her family. However, she will continue to advocate for labor rights because the dispute has not been resolved yet.
“Both my team and I remain the same,” Sithar said. “We are still demanding a fair solution that guarantees the freedom of union and labor rights,” she said.
Sithar also voiced her concern about the current state of freedom of expression. Despite the challenges, freedom of expression could not be stopped because she understood what was right and what should be improved, because these are issues that the government needs to address.
Sithar maintained the demand for a solution for the workers who were terminated en masse by the company. She will continue her struggle for union rights and the reinstatement of union leaders.
“None of us want to be in prison, we are afraid to be in prison but for me losing union rights is more scary than putting me in jail. So, being in jail was nothing for me,” Sithar said.
Solution not reached yet
Khleang Soben, secretary-general of LRSU, told CamboJA News that she was “delighted” with Sithar’s release.
She and many other union members, including those who traveled to Phnom Penh from the provinces, were ready to receive Sithar in front of the prison. But, the plan was canceled as Sithar was released at 4:30 a.m.
“We hoped for the morning to arrive early to meet our union leader, as we were preparing flowers to greet her, but the plan was canceled because she had already left at 4:30 a.m.,” Soben said. “I don’t know what their intentions are but I understand that they didn’t want to see many people come and support Sithar. They didn’t want a scene like that.”
According to Soben, it has been 1,003 days since the workers started protesting in front of NagaWorld. She believes that the dispute could not be resolved peacefully because of the “deep involvement of other parties”. Thus, the workers have yet to receive justice till today.
“I think that if he [Labor Minister] had the heart to solve this problem for the workers, it would have been resolved a long time ago. But the dispute involved another side and it was biased,” said Soben.
So far, 70 to 80 workers, who have been laid off by the company, have refused to receive compensation from the company as it was not in accordance with the labor law.
The ministry’s Katta Orn said they have tried to resolve the NagaWorld labor dispute according to the labor law but both sides have not been able to resolve the dispute. To end the dispute, Katta suggested that both parties resolve it in court.
Some 293 workers out of 373 workers have accepted the settlement while around 80 strikers have not, he said.
Sam Ath said even though Sithar was released, injustice existed as unions and employees, and former employees organized the strike legally with proper notification and procedures according to labor law. But they have been charged, arrested and prosecuted for “inciting and causing serious social unrest” by striking, exercising their rights under labor law.
“We look at the intimidation and persecution of unions as well as the NagaWorld strikers who have been on strike in the past,” he added. “Look at the approach, it does not correspond to the peaceful settlement that the union has sought for when defending the rights of employees and former employees in the past.”
However, Sam Ath believes that the labor dispute at NagaWorld has not reached an end, so it should be resolved by consensus. If the dispute really ended, there would be no strikes, he said. “But there are still strikes, which means a solution has not been reached yet.”
