Wing Star Shoes Union Leader’s Arrest Draws More Flak, Call For Immediate Release

International and local unions condemned the arrest of Wing Star Shoes union president Chea Chan, demanding that he be released immediately. They view his detention as a crackdown on unions and an attempt to stop the formation of unions in factories.

Chan had been elected into that post a few weeks prior, when he was arrested and charged for “conspiracy to commit theft” on February 14, 2024, over the crime that allegedly happened two years ago.

Atle Hoie, general secretary of IndustriALL Global Union urged Wing Star Shoes director Chiu Ching Ting to stop violating the fundamental rights of workers. In January, the company sent intimidating messages to Chan and union co-founders, asking them to drop the plan to form a local union. When the union activist refused and proceeded to register the union, Chan was arrested by the police.

“It is imperative that Wing Star Shoes withdraw the false police report. Chan should be released immediately and intimidation against Cambodian Alliance of Trade Union (CATU) members in the factory must end,” said Atle Hoie. “We condemn this false allegation as a union-busting tactic aiming to bring to a halt the union’s legitimate initiative to organize workers at the plant.”

On February 18, the investigating judge of Kampong Speu Provincial Court issued a detention order for Chan, who is in pretrial detention after the lawsuit filed by Wing Star Shoes owner.

Yang Sophorn, president of CATU, said setting up unions in the factory is in accordance with national and international laws. In Chan’s case, the factory is violating union rights even though this right is protected by the law.

“We are urging the company to immediately stop any act that violates union rights. He [Chan] has the right to form a union but the [company] is putting pressure on him via the legal system,” said Sophorn.

Sophorn called Chan’s arrest “inappropriate and a violation of union rights”. If Chan committed theft, why did the company not sue him at that time? Why did the company sue two years later with the police arresting him only after he formed the union? That too without the issuance of a summons, she added.

Chan’s wife, Chhay Chanra, 35, told CamboJA that it has been 11 days since her husband’s arrest, maintaining that his detention is unfair. She hopes that he will be done right by the law soon.

“I believe in a court [system] that will provide him [Chan] justice. I cry every night and am lonely because I miss his presence at home. When our kids ask, I tell them that their father has gone to work,” said Chanra.

Moeun Tola, executive director of Center for Alliance of Labour and Human Rights (CENTRAL) demanded an urgent intervention that would result in Wing Star Shoes withdrawing the complaint against Chan. His arbitrary charge and ongoing detention in relation to a theft, which occurred in 2022, need to be addressed, Tola said.

Hence, his call to Yukiro Urata, chief operating officer of ASICS, a well-known Japanese sports brand and direct buyer of Wing Star Shoes. He said Yukiro could directly engage with the shoemaker’s top management to ensure the immediate withdrawal of the complaint against Chan.

“[Yukiro] should also facilitate his prompt release, and stop any other forms of retaliation against elected CATU leaders and union founders so that workers can freely exercise their rights to associate,” Tola said on February 28.

According to his statement, Chan’s arrest took place without a court-issued arrest warrant. Following the arrest, CATU sought help from CENTRAL to provide legal assistance for Chan and his family during his detention and questioning on charges of conspiracy to commit theft, he said.

An internal investigation conducted by CENTRAL’s legal team revealed a series of interferences and irregularities had occurred after the union election and during the processing of the new union’ registration. This had been going on since the establishment of the independent local union at the factory in January this year.

“Our preliminary findings raise serious questions as to why Chan, who has worked at Wing Star Shoes since 2011, was arrested for an alleged theft that took place in 2022, weeks after he became the local CATU union president at the factory,” said Tola.

He sees the allegations as baseless and damaging, and poses a significant threat to freedom of association, a fundamental freedom guaranteed by ILO Core Convention No. 87 and No. 98. It is also a threat to ASICS’s code of conduct on business and human rights at one of their main suppliers in Cambodia.

Yukiro did not respond to CamboJA via email. An auto reply said he is out of the office and will return on March 1.

ASICS public relations department general manager Naomichi Hatori, however, said they were “deeply concerned” after learning about Chan’s situation.

ASISC will continue to monitor the situation closely and take appropriate action based on the outcome of the investigation. 

“I want to emphasize ASICS’s firm and persistent commitment to upholding freedom of association principles and ensuring the protection of workers’ rights to freely associate and organize.

“Any allegations of misconduct within our supply chain are treated with the utmost seriousness, and we are fully dedicated to investigating and resolving them promptly,” Naomichi said via email.

In an email response to CamboJA, Maximilian Iciok, junior consultant CSR and human rights of German discount retailer Lidl International, said the firm has not had an active business relation with Wing Star Shoes since 2021.

“Lidl always takes responsibility toward the employees in countries where their supplies procure and has committed to compliance with social standards.

“If we receive information about deficiencies in our supply chain or that our standards are not being met, we follow up on these indications as part of our compliance processes,” Maximilian Iciok said.

Wing Star Shoes worker and union member, known only as Chomrong, told CamboJA that after Chan’s arrest, he was also worried about his safety and that their union rights would be violated. 

“We are worried that the factory is observing our activity, but we have no other choice because we need to stay with the union to protect workers’ rights,” said Chomrong. 

Wing Star Shoes did not respond to CamboJA’s questions sent via email by the publication time. 

Labor and Vocational Training Ministry spokesperson Katta Orn said no one can interfere with the judiciary as it is an independent institution guaranteed under the constitution. The court acts based on evidence, witness and laws. 

“The evaluation of the legal procedure by an organization or political party is [also] not right,” Orn told CamboJA.

He commented that Chan should hire a lawyer and find evidence to prove his innocence if he says he did not commit the felony. Authorities need to uphold the law to ensure social harmony, hence their action against the accused.

Meanwhile, CATU’s Sophorn urged the company to withdraw the lawsuit and acknowledge union rights and stop abusing their power by discouraging staff from establishing unions.

“This shows that the company is using money to do what they want. I want the company to respect union rights. I also won’t give up this case as it seriously violates union rights,” she said.

She hopes the ministry will strengthen the labor law to protect factory workers and solve labor conflicts in accordance with Cambodian law. 

“If the labor ministry carries out its duty, they can urge all parties to respect the law, but if they don’t, I’m sure companies won’t respect the law.”