Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cambodia (Ratification: 1999)

The Committee notes the Government’s report, and the comments submitted by the International Trade Union Confederation (ITUC) in a communication of 28 August 2007. The Committee further notes the discussion in the Conference Committee on the Application of Standards in 2007, and in particular that the Conference Committee had deplored the failure on the part of the Government to provide full reports to the Committee of Experts and expressed its deep concern at the statements made concerning the assassination of the trade unionists Chea Vichea, Ros Sovannareth, and Hy Vuthy; death threats; and the emerging climate of impunity in the country. The Conference Committee had also recalled that the rights of workers’ and employers’ organizations could only be exercised in a climate free from violence, pressure or threats of any kind against the leaders and members of these organizations and called upon the Government to take the necessary measures to ensure respect for this fundamental principle and bring an end to impunity; to this end, it urged the Government to take steps immediately to ensure full and independent investigations into the murders of the abovementioned Cambodian trade union leaders so as to bring not only the perpetrators, but also the instigators of these heinous crimes to justice.

The ITUC refers to the obstruction of the activities of the Cambodian Independent Teachers’ Association (CITA); the conviction, despite a lack of evidence, of union leaders Lach Sambo, Yeom Khun and Sal Koem San for the crime of illegal confinement in connection with a strike; and the refusal by employers to comply with arbitration council orders to reinstate dismissed trade unionists. The ITUC also refers to numerous acts of harassment and violence against trade union leaders and affiliates, including the detainment by the authorities of a Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) leader, in connection with a 2006 May Day march organized by his union; as well as attacks on FTUWKC officials Chi Simun, Lem Semret, Em Chhay Tieng, Chey Rithy and Yeng Vann Yuth. Finally, the ITUC alleges the introduction of new evidence proving the innocence of the two men convicted in 2005 of the murder of Chea Vichea, president of the FTUWKC. The said evidence includes eyewitness testimony absolving the two men of the murder and testimony from the ex-Chief of the Phnom Penh police corroborating that the two men were framed for the murder. It recalls that it had, on many occasions, stressed the interdependence between civil liberties and trade union rights, emphasizing that a truly free and independent trade union movement can only develop in a climate of respect for fundamental human rights. The exercise of civil liberties in relation to trade union rights should be examined on the basis of the provisions contained in Article 3 of Convention No. 87, and it is in connection with this standard that the respect of certain basic human rights acquires its full importance for trade union life (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 26). The Committee deeply regrets the Government’s lack of reply to the ITUC’s comments, particularly in the light of the gravity of the allegations. In these circumstances, the Committee urges the Government to take the necessary measures, including the initiation of judicial inquiries, to bring an end to the acts of violence and intimidation against trade union officials and members.

The Committee notes that the Conference Committee had urged the Government to accept an ILO direct contacts mission in respect of the serious freedom of association matters raised. In this regard, the Committee notes the Government’s communication of 2 November 2007, wherein the Government indicates that, following a high-level ILO mission to Cambodia in October, it has agreed to an ILO direct contacts mission in March or April 2008. The Committee notes this development with interest and expresses the firm hope that the direct contacts mission will achieve significant results with respect to the serious matters referred to above.

The Committee is addressing a request directly to the Government.

[The Government is asked to reply in detail to the present comments in 2008.]