Deputy prosecutor Seng Heang reiterated his argument that the union\u2019s strikers had never received permission from authorities.<\/p>\n\n\n\n
\u201cThe prosecutor views there is enough evidence in which there is activity consistent with incitement charges, so the prosecutor has asked the judge for punishment according to law,\u201d Heang said, referring to himself in the third person.<\/p>\n\n\n\n
Article 495 in Cambodia\u2019s criminal code states that incitement can carry a six month to two year prison sentence, along with a 1 million ($250) to 4 million riel ($1,000) fine.<\/p>\n\n\n\n
Heang pointed out that the union had received international funds from several international organizations \u2014 the U.S-based non-profit East West Management Institution (EWMI), the women\u2019s rights NGO JASS, and the labor rights group North America Unite Here. While many Cambodian organizations receive funding from overseas groups, Heang claimed the NagaWorld union\u2019s funding was used to carry out prohibited demonstrations.<\/p>\n\n\n\n
\u201c[Defendants] received unlawful funds from outsiders that were used under the pretext of labor rights and human rights, but they had ill-intentions to disturb turmoil in society,\u201d Heang said.<\/p>\n\n\n\n
The prosecution had previously played around 30 minutes of audio recordings \u2014 from a pool of more than 50 Zoom meetings comprising about 3 hours \u2014 as evidence that the NagaWorld union had malicious criminal intentions. <\/p>\n\n\n\n
\u201cIn case authorities arrest me, we will turn to violence,\u201d one undated audio recording of Sithar said. The prosecutor also shared a clip in which the union leader said \u201cbefore leaving, we will destroy the rice pot\u201d which the prosecutor interpreted as destroying NagaWorld; in Khmer, the term \u201crice pot\u201d can refer to a source of financial revenue.<\/p>\n\n\n\n
But Sithar said the prosecutor was twisting her words and claimed her comment about the \u201crice pot\u201d had been referring to a case in which the previous leader of the union accepted compensation and abandoned the workers during a past labor struggle. <\/p>\n\n\n\n Defense lawyer Sam Sokunthea said that the prosecutor had extracted out of context messages to pin blame on Sithar. In last week\u2019s hearing, the judge rejected Sithar and her co-defendants\u2019 request to play in their entirety all audio recordings used as evidence by the prosecutor. Sokunthea said the selections of clips did not reflect Sithar\u2019s overall message or the union\u2019s activities throughout the year-long strike.<\/p>\n\n\n\n \u201cThe whole of the content is not calling for the use violence,\u201d she said.<\/p>\n\n\n\n NagaWorld strikers, who broadcast a nonviolent message in public comments, have faced violence<\/a> from authorities and even their bosses \u2014 the grown son of the CEO of NagaCorp allegedly threw a traffic cone at strikers after grabbing a striker\u2019s phone and hurling it into the pavement<\/a> last year.<\/p>\n\n\n\n Heang, the prosecutor, also claimed the union members were no longer employed by the company and therefore not legally able to strike. He called attention to the union\u2019s strategy of putting pregnant women in the front line as incitement, claiming the tactic was designed for the union to create situations to accuse authorities of human rights violations. <\/p>\n\n\n\n The prosecution further cited international funds<\/a> transferred to individual bank accounts of union leaders rather than to an organizational account for the union.<\/p>\n\n\n\n Sokunthea said that international funds were a form of \u201chumanitarian assistance\u201d during the Covid-19 lockdowns<\/a> in April and early May 2021 as some workers did not have sufficient income \u2014 even though the strike had not yet begun, NagaWorld employees already faced reduced salaries. She said that funds were transferred to individual accounts because it was easier to directly help members, as a joint account for the union was difficult to approve during the lockdown.<\/p>\n\n\n\n She added that there is nothing illegal about a union accepting funds from international groups.<\/p>\n\n\n\n \u201cThe law on trade unions has allowed local unions to make an alliance with international unions, it isn\u2019t wrong to receive those funding,\u201d she said.<\/p>\n\n\n\n Regarding the placement of pregnant women on the front lines, Sokunthea explained that it was a strategy to reduce violence in case strikers clashed with authorities.<\/p>\n\n\n\n \u201cThe whole [messages] she put forward was [for strikers] not to respond with violence,\u201d Sokunthea said.<\/p>\n\n\n\n Getting at the heart of the prosecution\u2019s argument that the strike was illegal because authorities had denied permission for the initial gathering, Sokunthea said that holding a strike did not require the approval of authorities under Cambodian law.<\/p>\n\n\n\n \u201cThey do not need permission [from authorities], just informing them is enough,\u201d Sokunthea said. <\/p>\n\n\n\n Article 324<\/a> of Cambodia\u2019s labor law states that a strike must provide \u201cprior notice of at least seven working days\u201d to the employer and Labor Ministry and \u201cprecisely specify the demands which constitute the reasons for the strike.\u201d Article 7<\/a> of Cambodia\u2019s demonstration law also requires five days of prior notice. There is no requirement to receive permission from authorities in either law.<\/p>\n\n\n\n Co-defense lawyer Hong Sambath said he was disappointed that prosecutors were seeking to portray a \u201clabor dispute\u201d as criminal activity, arguing the workers were engaging in a legal avenue available to seek redress for legitimate grievances following a collapse in negotiations with the company. <\/p>\n\n\n\n![\"\"](\"https:\/\/cambojanews.com\/wp-content\/uploads\/2023\/05\/2023-05-03-15.24.17.jpg\")