92196 Cambodia DFGG Learning Note 14 Are women benefiting and are women engaged? Reflecting on the gender results of the Arbitration Council in Cambodia Ninety per cent of Cambodians utilizing the dispute involve disputes regarding pay and allowances and unfair resolution services of the Arbitration Council (AC) are dismissal of these women. women. In its core work to date, the AC has a strong track Within the labor arbitration process, issues are classified record of upholding women’s rights-based disputes, and according to: (i) rights disputes (i.e. issues that are the record over interest-based disputes pertaining to established in law, contracts or customary practices such as women’s issues is not dissimilar to other interest-based issues of reinstatement); and (ii) interest-based disputes disputes. Despite this strong bias towards women as (i.e. issues not established in law such as requests for beneficiaries of the AC services, there has been less payment over the minimum wage). success engaging women as primary stakeholders in the process. On the one hand, women are well represented in the Arbitration Council Foundation. On the other, they are significantly underrepresented as advocates and arbitrators. This DFGG project learning note assesses data on beneficiaries, cases and results providing an overview of the role the AC plays in supporting the rights of (mostly female) garment workers and reflecting on women as stakeholders in this labor arbitration process. Since 2003, the Arbitration Council has provided an independent space for the arbitration of labor disputes, previously lost in the difficulties of navigating the judicial system in Cambodia. Originally established under the ILO Labor Dispute Resolution Project, the AC was established in part to support the Better Factories Cambodia program in the textile, clothing and footwear industry. For ten years, over ninety per cent of cases before the AC have originated Results to date from these garment factories, and in that sector – critical to Major issues before the AC, which have significant impact Cambodia’s economic growth – the AC is widely known for on the largely female workforce, include: wage, allowance balanced, reasoned and just decisions based on law. and entitlement disputes (45%); unfair dismissal and reinstatement (11%); general working conditions (11%); Current State of Play occupational health and safety (7%); and union Over the last decade, approximately 650,000 garment discrimination (5%). factory workers have been party to over 1,350 cases With regard to women’s issues brought to the AC, eight brought before the AC. The vast majority of these workers percent of the issues across 252 cases received by the AC in are women aged between 18 and 30 years. Most of these 2012 involved issues specifically pertaining to women (e.g. young women migrate from the rural provinces of day care, maternity leave and pay, nursing rooms, and Cambodia to take up employment in factories near Phnom pregnancy rights). Of those issues, about seventy five Penh. For seventy five per cent of them, it is their first full- percent were resolved in the dispute resolution process time employment in the formal sector, and at least ninety through conciliation or were withdrawn. The remainder per cent send a significant proportion of their wage back to were resolved through the creation of an Arbitral Award. families living in rural areas. These remittances are a primary source of income for hundreds of thousands of Analysis of the case records shows that the AC has a strong households, are often the only household income, and record of upholding women’s rights when they are notably, are known to contribute to the costs of education established by law. One hundred per cent of the cases for siblings. pertaining to maternity leave and pay have been resolved in favor of women workers. Similarly, the AC has ruled in Despite this contribution, most workers earn the minimum favor of the workers in seventy eight per cent of the cases wage of $80 per month (in March 2013) up from $61 in requesting nursing rooms and day care centers, also 2010, forcing many to work overtime in order to make ends established by law. However, the data suggests that the AC meet. Unsurprisingly the primary issues brought to the AC has been less willing to rule in favor of interest-based Cambodia DFGG Gender results in the work of the Arbitration Council disputes or further women’s rights not already established gender mainstreaming effort to promote gender equality in in the law. This record is not dissimilar to other interest- project implementation. This has prompted the ACF to pay based dispute outcomes. Because these matters are not attention to gender equality in all activities – resource established in law, there is no immediate legal obligation on allocation, planning and implementation, and monitoring. the employer and the burden of proof falls on the workers. Awareness building. The ACF produces a range of In addition to the specific women’s issues mentioned awareness raising tools, including educational videos, above, women are protected by various anti-discrimination training videos and television public service clauses that apply to all workers. And as is the case in many announcements. However, on reflection, and despite the countries, women in Cambodia are most likely to be the fact that women are the overwhelming beneficiaries of the primary carers in their family, are more likely to require AC services, only forty six per cent of actors were women. leave for these purposes. Unsurprisingly, entitlements are Training and capacity building. ACF targeting of women the subject of an increasing number of claims. and relevant organizations is designed in part to encourage greater gender equality in the AC dispute resolution Women’s representation in AC processes process. Results are mixed. In 2012, participation of Arbitration Council Foundation (ACF) staff. The human women in training events is still low (at around 25%) and resources of the Foundation (the organization providing much lower than the representation of women in most technical support to the AC) has a strong gender record. stakeholder groups, while female staff and arbitrator Part of the DFGG gender mainstreaming initiative is to participation reached 64% (for international conferences ensure a gender balance in the appointment of ACF staff and exchanges, capacity building activities, and continued and interns. At present, 65% of ACF staff are women, legal education) – up from 31% in 2009. including 88% of the legal staff. This includes some of the most senior positions in the organization such as the Recommendations Director of Legal Services and the Manager of Finance and The AC is committed to building gender equality in the Administration. labor dispute resolution process, and to bring this more in Arbitrators. Women are however currently under- line with the strong bias towards female beneficiaries. In represented on the three-member arbitration panels. To order to ensure this goal is realized, the ACF has established form a panel for a hearing, one arbitrator is chosen by the a process to: employer and another by the workers from their respective • to review the gender strategy and to identify areas of “lists”. A third arbitrator is then chosen by those two from a action which already lie within the ACF control; Ministry of Labor (government) list. But the lists are mostly • to work in close partnership with disputant parties to male, with only 30%, 20% and 0% women named on the increase the number of female advocates; worker, employer and government lists respectively. In • to open a dialogue with all stakeholders regarding 2013, only 13% of arbitrators were women. At just 10%, the targets for the number of female advocates; average over the decade gives cause for concern given the • to enhance the training already in place for continued gender breakdown of AC clients and the sensitivity of issues legal education and advocacy workshops on specific heard by an all-male arbitral panel. gender issues including maternity entitlements, Representatives of the parties to the dispute. The ACF also pregnancy rights, and gender discrimination to improve tracks the number of females representing the parties in the capacity of women as advocates for matters the cases (including workers, trade union representatives, concerning their welfare. employers, managers, employer associations and Given that ninety percent of those directly affected by the respective legal advocates). In 2012, out of 975 advocates AC labor dispute resolution process are women, continued that appeared before the AC, thirty percent were female. improvements are needed to ensure that women become Efforts to date active participants in the process, and in the building of a sustainable and equitable institution. This is important to Given the importance of women in the scope of AC goals, all stakeholder groups, but vital to improving the during 2012-3, the ACF has undertaken a number of participation of poor women workers who benefit most initiatives to further women’s role in both the dispute from AC services. resolution process and in the supporting institutional structure. The DFGG Learning Note Series provides quick summaries of the lessons learned in the DFGG project. The information is obtained from progress Gender mainstreaming and tracking. As part of the World reports, meetings, workshops and World Bank Implementation Support. End evaluations will provide further reflection on these issues. Bank financed DFGG project, the ACF has undertaken a DFGG Learning Note 14 draws on the lessons documented in ACF 2013 Quarterly Report. Written by Anthony Samson and Hun Chenda. Series editor, Janelle Plummer