VZCZCXRO9954
PP RUEHCHI RUEHDT RUEHHM RUEHJO RUEHNH
DE RUEHPF #1124/01 1661038
ZNR UUUUU ZZH
P 151038Z JUN 06
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 6864
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHXI/LABOR COLLECTIVE PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 1481
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY

UNCLAS SECTION 01 OF 03 PHNOM PENH 001124 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, DRL/IL--MARK MITTELHAUSER, AND 
EAP/TPP/ABT ED HEARTNEY 
COMMERCE FOR ITA/OTEXA MARIA D'ANDREA 
LABOR FOR ILAB--JIM SHEA AND JONA LAI 
GENEVA FOR RMA 
STATE PLEASE PASS TO USTR FOR BARBARA WEISEL 
 
E.O. 12958: N/A 
TAGS: ELAB ECON KTEX PGOV CB
SUBJECT: CAMBODIAN GARMENT SECTOR WORRIED ABOUT DRAMATIC 
INCREASE IN LABOR UNREST 
 
REF: A. PHNOM PENH 526 
     ¶B. PHNOM PENH 814 
     ¶C. PHNOM PENH 998 
     ¶D. PHNOM PENH 1035 
 
¶1.  (SBU) SUMMARY.  Following several months of increased 
garment sector strikes, the number of working days lost to 
strikes reached 87,000 in May--more than four times typical 
levels.  These strikes are largely the result of two 
irresponsible unions, but also reflect growing union rivalry, 
workers more assertively pushing for wage increases, and less 
effort expended in negotiation.  In addition, a major 
pro-opposition garment sector union and the teachers' union 
have called for a general strike starting July 3 if demands 
about wages, workweek, and gasoline prices are not met. 
Garment factory managers and buyers are increasingly 
concerned--some have canceled plans for expansion, though the 
largest buyer, the Gap, plans to expand orders in Cambodia by 
5%.  We will continue to encourage more responsible behavior 
among problem unions, and have helped end the largest illegal 
strike.  Nonetheless, the immaturity of union leadership and 
membership may slow progress.  END SUMMARY. 
 
 
Record-Breaking Numbers of Working Days Lost to Strikes 
--------------------------------------------- ---------- 
 
¶2.  (SBU) After several months of increased labor unrest in 
the garment sector (Ref A), May has shown unprecedented 
levels of garment sector strikes:  nearly 87,000 working days 
lost due to a total of nearly 18,000 workers participating in 
13 strikes during the month.  Strike activity is often 
somewhat more intense during the busy May through September 
garment production season, but working days lost to strikes 
generally range from 2,000 to 20,000 per month during this 
period, and only once before--in June 2003--rose above 50,000. 
 
Two Irresponsible Unions Share Much of the Blame 
--------------------------------------------- --- 
 
¶3.  (SBU) Much of the strike activity centers around two 
problematic unions--the Coalition of Cambodian Apparel 
Workers Democratic Union (CCAWDU) and the Khmer Youth 
Federation Trade Union (KYFTU).  CCAWDU was formerly one of 
Cambodia's most well-respected unions, but its behavior has 
become increasingly rash following the ouster of former 
President Chhorn Sokha (Ref B).  More than half of the 
working days lost in May are due to a single strike at the 
Goldfame Factory which involved 5,700 workers striking for 8 
days.  After CCAWDU ignored back to work orders from the 
Arbitration Council and the Municipal Court, the embassy 
stepped in to persuade the union to return to work pending 
further negotiations. 
 
¶4.  (SBU) The Khmer Youth Federation Trade Union (KYFTU), led 
by Yun Rithy, is perhaps Cambodia's most notorious union, 
with a reputation for extortion, violence, and abandoning its 
workers mid-strike.  After leading no strikes in January and 
two each in February, March, and April, KYFTU led strikes at 
seven factories in May, involving a total of 9,000 workers. 
 
¶5.  (SBU) The Garment Manufacturers Association of Cambodia 
(GMAC), pro-opposition union leaders, and pro-government 
union leaders have all reported that KYFTU factory level 
union leaders create labor disputes in order to extort USD 
3000-5000 payments for resigning from their jobs.  (Note: 
Cambodian labor law restricts the firing of factory-level 
union leaders.  End Note.)  KYFTU demands are often numerous 
and unrealistic, serving mainly as a pretext for a strike or 
extortion.  In some cases, KYFTU representatives disrupted 
completed or nearly completed negotiations with lengthy lists 
of additional demands, despite having no previous presence at 
the factory in question.  Yun Rithy told Poleconoff on June 
14 that the strikes are driven by his workers, that there is 
no corruption in his union, and, most outlandishly, that the 
spike in strikes is due to a GMAC-International Labor 
Organization (ILO)-union conspiracy.  Yun Rithy reportedly 
has ties to some CPP leaders, is well-armed, and is protected 
by a police general. 
 
 
PHNOM PENH 00001124  002 OF 003 
 
 
Union Competition, Ineffective Negotiation Also At Play 
--------------------------------------------- ---------- 
 
¶6.  (SBU) Several other factors also seem to be involved in 
the increased garment sector strikes: 
 
--Increase in intra-union rivalry, both across and within 
federations:  Pro-opposition Free Trade Union (FTU) leader 
Chea Mony accused a pro-management union leader of hiring 
thugs to attack a Bright Sky garment factory worker with 
machetes.  Pro-government union federation leader Chhuon 
Momthol reports that there is rivalry even within his 
pro-management Cambodian Confederation of Trade Unions. 
 
--Disputes turn into strikes more quickly:  Unions and 
employers accuse each other of being unwilling to negotiate 
and pushing disputes to strikes more quickly than in the 
past.  Unreasonable demands by KYFTU designed to elicit 
bribes seem to be muddying the waters, as there is an 
increasing perception that unions in general are unwilling to 
negotiate.  Chea Mony has asserted that increased police 
intervention in suppressing strikes has led factory 
management to put less effort into negotiations.  There is 
also an increasing frustration among unions with the 
arbitration process, and, for the first time, two unions 
recently defied Arbitration Council orders to return to work. 
 
--Wage demands supplant rights issues as main cause:  The 
American Center for International Labor Solidarity and GMAC 
report that in the past most strikes were due to labor rights 
violations, e.g. failure to pay wages or overtime, but now 
workers are striking to increase wages via higher minimum 
wages, more generous piece rates, and more generous 
attendance bonus policies. 
 
Free Trade Union and Teachers Union Threaten General Strike 
--------------------------------------------- -------------- 
 
¶7.  (SBU) Meanwhile, the FTU and the Cambodian Independent 
Teachers Association (CITA) have continued their calls for a 
general strike and set a deadline:  FTU factory workers will 
lead sit down strikes at their factories on July 3 if the 
issue is not resolved before then.  Garment workers from 
other unions and teachers will be invited to participate in 
the strike action as well.  If the dispute is still not 
resolved, workers may take to the streets on July 6 or 7. 
(Note:  The general strike threat originated in a May 1 
speech in which Chea Mony and CITA leader Rong Chhun called 
for higher wages for garment workers and civil servants, 
shorter working hours, and reduced gasoline taxes.)  On June 
15, Chea Mony told Poleconoff that the general strike is "a 
test for me...whether I can command the workers" in advance 
of the 2007 local elections. 
 
Little Government Action So Far 
------------------------------- 
 
¶8.  (SBU) So far the government has taken few steps to 
address these concerns, aside from their on-going and not 
terribly effective attempts to mediate labor disputes and 
worker/employer education efforts.  The Ministry of Labor and 
Vocational Training appears to still be organizing itself 
following the approval of a new Minister of Labor on May 23 
(ref C).  Minister of Commerce Cham Prasidh was very alarmed 
by the increasing numbers of strikes and warned Charge on May 
30 that the combination of labor unrest and Vietnam's entry 
into the WTO could ruin Cambodia's garment industry (ref D). 
Prime Minister Hun Sen mentioned FTU and CITA's demands for 
higher wages for civil servants in a May 27 speech.  Saying 
that the demands were made by "people with no knowledge of 
financial management," the Prime Minister said that raising 
civil servant salaries would require canceling infrastructure 
development plans or taxing farmers, things he would not do. 
 
Garment Manufacturers Association Willing to Negotiate 
--------------------------------------------- --------- 
 
¶9.  (SBU) GMAC, which initially dismissed these threats, has 
become increasing concerned and told Poleconoff on June 12 
that it is willing to accept a higher minimum wage and will 
 
PHNOM PENH 00001124  003 OF 003 
 
 
approach the ILO for negotiation assistance.  Nonetheless, 
GMAC is extremely frustrated that the government has so far 
failed to address the issue, but suspects that the World Bank 
corruption scandal is distracting the relevant officials. 
GMAC recently sent a highly inflammatory letter to the Prime 
Minister suggesting that the trade and labor linkage (code 
language for the highly successful USG-funded Better 
Factories Cambodia factory monitoring project) should be 
scrapped as labor was now more of an impediment than a help 
to the industry.  After stern words from the ILO and the 
embassy, GMAC has agreed to issue a revised letter expressing 
their continued support for Better Factories despite its 
frustration with the increase in labor disputes. 
 
Some Garment Buyers Scale Back Planned Expansions... 
--------------------------------------------- ------- 
 
¶10.  (SBU) GMAC and other labor observers are very concerned 
that late delivery and bad press related to the ongoing 
strikes will lead garment buyers to shift production out of 
Cambodia.  Garment sector unions--which had to be prodded to 
contact buyers following the December 2005 crackdown on union 
and human rights activists--have now embraced the power of 
the internet and are bombarding buyers and socially 
responsible consumer groups with details of even the most 
routine labor disputes.  Ken Loo, Secretary General of GMAC, 
reported that Levi Strauss, which bought 8 million pairs of 
Cambodian-made jeans in 2004 and 10 million pairs in 2005 had 
planned to buy 13 million pairs in 2006 but instead has 
downscaled their Cambodia purchases to 8 million.  Loo also 
reports that Nike and Puma have shelved earlier decisions to 
expand purchases from Cambodia.  Several large garment 
factories have considered moving to Vietnam, and some have 
concrete plans in place.  Other large factories may either 
downsize, limit overtime, or go from two shifts to one to 
cope with reduced orders, Loo speculated. 
 
But a Concerned Gap Goes Ahead with Order Increase 
--------------------------------------------- ----- 
 
¶11.  (SBU) During a June 13 meeting with Charge and Emboffs, 
the Gap told us that they are quite concerned about the 
expanding labor turbulence in Cambodia, but that they still 
plan to go ahead with plans to increase their purchases from 
Cambodia.  The Gap--which single-handedly accounts for about 
12% of Cambodia's GDP--has added new Cambodian factories to 
their base of suppliers and anticipates at least a 5% 
increase in orders from Cambodia.  However, they also said 
that they had been on the phone frequently to their 
Cambodia-based vendor compliance officer learning the details 
of various disputes and that they had been deluged with "mail 
from all of Sweden" regarding at a dispute at a factory that 
makes Gap products.  Senior Director for Global Compliance 
Deanna Robinson warned that once investors leave, it is very 
difficult to get them back. 
 
COMMENT 
------- 
 
¶12.  (SBU) This huge increase in labor unrest--timed to 
coincide with the peak garment production season--has already 
drawn the attention of garment buyers and led some of them to 
scale back planned expansion of garment production in 
Cambodia.  While KYFTU seems to be motivated by short-term 
goals of extorting money from garment factory owners, other 
unions seem to be just sophisticated enough to know when to 
time strikes and how to use the internet for maximum effect, 
without being savvy enough to realize that their actions are 
already having damaging consequences.  The fact that two 
irresponsible unions--KYFTU and CCAWDU--are responsible for 
the bulk of the working days lost is good news, showing that 
most Cambodian unions are acting more responsibly.  However, 
garment buyers may not look closely enough at the strike 
action to realize this.  The increased labor unrest has 
already slowed this year's garment sector growth, and could 
even lead to net decreases in jobs and exports if it 
continues unchecked. 
MUSSOMELI