Low wages, long hours of work, and daily unacceptable acts of sexual harassment? Who would want to work here? Sexual harassment can severely affect garment workers' dignity, productivity, and mental health. The perpetrator can do such indecent acts at ease and with just a blink of an eye. Nonetheless, individuals who have been violated by these cruel acts, encounter long-term negative impacts, leading them to question their own behavior and work performances, overthink, be depressed, be unable to sleep during their resting time, and much more.
Current Situation of Sexual Harassment in Cambodia
Garments, footwear, and travel goods (GFTs) are pivotal to Cambodia’s economic growth in 2024. The most recent estimate from the Ministry of Labor and Vocational Training states that there are approximately 1,538 factories and branches in this industry, employing around 913,000 workers. Research by CARE in 2018 revealed that nearly one in three women and almost one in four males reported having experienced sexual harassment at work.
“Sexual harassment” is defined as any behavior of a sexual nature that affects the dignity of women and men, which is considered unwanted, unacceptable, inappropriate, and offensive to the recipient, and that creates an intimidating, hostile, unstable, or offensive work environment (Physical, verbal, and Non-verbal), according to ILO.
However, Criminal Code of 2009, Article 250 defines “sexual harassment” refers to an act where an individual abuses their vested power to repeatedly pressure another person for sexual favors. Furthermore, the Cambodia Labour Law of 1997, Article 172 vaguely states that ‘All form of sexual violation (harassment) is strictly forbidden’, and that ‘All employers and managers of establishments in which child laborers or apprentices less than eighteen years of age or women work, must watch over their good behavior and maintain their decency before the public.’ These provisions lack explicit definitions and comprehensive measures to address sexual harassment, as the terms ‘violence’ or ‘indecent act’ are not specified.
When sexual harassment occurs, garment workers can report it to unions, management lines, and factory committees responsible for handling complaints and taking preventive measures. However, the reporting mechanisms in many factories are ineffective, and there are no significant interventions to tackle the issue.
A study by CARE and UN Trust Fund titled “Legal Analysis Sexual Harassment in Cambodia” (2015), reveals a significant gap in understanding of ‘sexual harassment’ among duty bearers. Respondents were often unsure whether sexual harassment was a problem or against the law.
In 2022, LICDHO documented the stories of six women's labor rights activists and union leaders. All of them stated that their members experience gender-based violence and sexual harassment at work, with local authorities and employers often "failing to respond," allowing the abuse to continue and absolving the offenders of their acts. This underscores the shrinking space for unions and the ambiguity in the criminal code’s definition of ‘sexual harassment’, ILO has also expressed concern about these issues, according to a 2024 article by Human Rights Watch 2024.
Are these issues contributing to Cambodia’s inability to renew its General System Preference (GSP) status with the US? The GSP is the US's largest and oldest trade preference program, granting Cambodia duty-free export status in 1997. By 2016, Cambodia exported nearly $179 million duty-free to the United States under this program, according to the U.S. embassy in Cambodia. A proposal for reauthorization has been made, highlighting that the country very enjoys the benefit of being a member of GSP yet revealing concerns about Cambodia’s human rights situation, labor standards, and rule of law, as noted in a press release by U.S. Senators Ted Cruz and Chris Coon urging Congress to review Cambodia’s GSP eligibility.
What has been done
Kann Sopheak, project manager at CARE International in Cambodia who has been working on preventing sexual harassment against garment workers for eight years said that it is still a sensitive topic globally.
She added, “As of now, we haven’t been working with more than 100 factories, therefore more action needs to be taken, and only around 40 factories have implemented this guidebook.”
CARE Cambodia has been collaboratively working with partners and other stakeholders and creating a comprehensive guidebook for garment workers to prevent sexual harassment in the workplace.
“This guidebook is very comprehensive,” said Sopheak. “CARE always conducts consultations before implementing any policy in a factory. During these consultations, CARE invites stakeholders from both standard and non-standard factories, as well as representatives from MoWA, MLVT, and MoI to discuss the issues occurring in factories and to create, and implement effective policies. The guidebook provides recommendations for garment workers to carefully select and form committees within the factory to help them with this matter,” said Sopheak.
The study on Legal Analysis Sexual Harassment in Cambodia (2015) showed that women workers who are CARE Partners were more knowledgeable compared to those in non-CARE factories, Many workers in non-CARE partner factories found it difficult to define sexual harassment and reported never having heard of any laws or policies related to it in their workplace. Furthermore, none mentioned the existence of policies or regulations to protect workers from sexual harassment.
Whilst this guidebook is exhaustive, it is insufficient given the large number of factories currently operating in the country today.
This issue also extends to the supply chain and apparel brands, which must take responsibility for the rights of their workers within their operations.
Many factories that directly supply international brands subcontract their work to smaller firms that often face little or no monitoring and scrutiny. Human Rights Watch looked into 25 subcontracting factories, finding that at least 14 were not under the supervision of the Better Factories Cambodia (BFC)program. Most of these factories weren't on the BFC factory monitoring list as of January 2015, despite having manufactured for global brands for several years. This highlights a significant gap in the oversight and protection of workers’ rights.
What should be done
Human Rights Watch discovered that numerous manufacturers routinely issued unlawful short-term contracts to avoid paying their employees maternity benefits and other entitlements as well as to threaten and control them. Workers in small factories that subcontract to larger export-oriented factories are more likely to be hired on a casual basis, making it difficult for them to stand up for their rights due to the risk of being fired quickly. This issue was highlighted in an article titled Cambodia Labor Law Fail to Protect Garment Workers.
Aruna Kashyap, a senior women’s rights researcher at Human Rights Watch, urged the government to take swift action to protect workers' rights and stop mistreatment.
“These global apparel brands are household names. They have a lot of leverage, and can and should do more to ensure their contracts with garment factories are not contributing to labor rights abuses,” Kashyap stated.
She added, “All brands should factor in the cost of labor, health, and safety compliance in their contracts to best ensure these rights are respected in the factories.”
Moreover, CARE Cambodia seeks to push the government to consider ratifying the ILO Convention 190 (C190), which recognizes the need for complete protection in all workplaces due to existing gaps in the laws regarding the explicit definition of sexual harassment. Sopheak Kann, a project manager at CARE Cambodia, emphasizes that this international labor standard offers robust guidelines to combat violence and harassment in the workplace, making it essential for ensuring safe and respectful work environments.
Addressing these challenges within particular factories and workplaces is difficult, but significant progress can be achieved by working together. By bringing together stakeholders, such as companies and advocacy organizations, the problem can be addressed more effectively, especially in hierarchical settings with bosses or supervisors.
CARE’s ultimate goal is to promote a society that fully upholds human rights. To do this, organized and collaborative actions are needed. While ratifying ILO C190 is complex and reflects the country’s readiness to uphold these standards, there are positive signs. Sopheak noted to Klahaan that there appears to be a green flag from the authorities, indicating a willingness to move forward.
The benefits of ratifying ILO C190 considerably outweigh the disadvantages, even with the added labor and need for more staff. Creating a safe and respectful workplace is the foundation of a just and equal society, and as feminist allies, we are supporting and cheering for CARE and its commitment to this cause.
Based on an interview with CARE Cambodia.
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