Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cambodia (Ratification: 1999)

Scope of application. The Committee recalls its previous comments asking the Government to indicate how the categories of workers excluded from the Labour Law of 1997 (judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic and household workers) are protected against discrimination in employment and occupation on the grounds set out in the Convention. It notes that the Government’s report does not contain any information in this regard. Recalling that the principle of non-discrimination and equality in employment and occupation should cover all categories of workers, whether citizens or non-citizens, the Committee once again asks the Government to indicate how the categories of workers excluded from the Labour Law are protected against discrimination in employment and occupation on the grounds set out in the Convention. Please provide copies of the Military Conscription Law as well as other relevant laws or regulations covering the abovementioned workers.

Sexual harassment. The Committee notes the Government’s indication that the Ministry of Women’s Affairs and Care International had concluded the project agreement on cooperation for implementation of promoting the safety of women workers in the beer industry starting from 15 December 2009 to 31 December 2012. The Government also indicates that the Cambodian Women’s Crisis Centre (CWCC) works on the elimination of all forms of sexual violation, including in the beer sales industry. The Committee asks the Government to provide information on any awareness-raising activities for workers, employers and labour inspectors in order to prevent and address sexual harassment in employment and occupation, as well as any results achieved by the project on promoting the safety of women workers in the beer industry, and by the CWCC activities. The Committee also asks the Government to include more explicitly in the terms of reference for labour inspectors, the issue of sexual harassment, and to provide information on any measures taken in this regard.

Equal access of women to employment and occupation. The Committee recalls the information contained in the Labour Force 2007 report of the National Institute of Statistics (NIS), in particular, that the difference in labour force participation between women and men was about 11 percentage points. It notes the Government’s indication that the Ministry of Labour and Vocational Training (MOLVT) has developed the Gender Mainstreaming Action Plan for the period 2009–13 and one of the five priorities is strengthening and expanding gender mainstreaming in the labour and vocational training sector. The Committee asks the Government to provide a copy of the Gender Mainstreaming Action Plan (2009–13), and to provide information on the following:

• (i) the results achieved in the implementation of the Action Plan with respect to promoting equality of opportunity and treatment in employment and occupation, and encouraging women’s participation in a wider range of vocational training courses, especially those leading to employment with opportunities for advancement and promotion;
• (ii) measures that have been taken or envisaged to increase women’s access to a wider range of occupations, including those at senior levels and in jobs traditionally dominated by men; and
• (iii) updated statistics on the distribution of women and men in the various occupations in the public and private sectors, and in the various vocational training courses. Further, please indicate how it is ensured that women have equal access to credit in agriculture, in the context of the Agriculture Support and Development Fund.

Equal access of women to education. The Committee recalls its previous comments with regard to the low enrolment rate of girls and women in primary, secondary or higher education, as well as persistent discrimination against women and gender stereotyping. It notes the Government’s indication that there are two main reasons for the low participation rate of women in long-term vocational training and high-level and medium-level courses: one is poverty, which requires girls to help earn for their families, and the other is people’s traditional belief that girls should not study much or go to study far from home. The Government states that the participation rate of women in education is increasing compared with the past because the Government has built many schools. Recalling the importance of education in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to take steps to ensure equal access of women and girls to education, in particular at primary and secondary school levels, as well as higher levels, and to provide statistical information on the participation rate of men and women at all levels of education. It also requests the Government to indicate any steps taken in education to address prevailing attitudes and practices perpetuating the inferior role of women, with a view to avoiding stereotypes which impair women’s subsequent employment opportunities.

Discriminatory recruitment practices. The Committee had previously requested information on any measures taken to address discriminatory recruitment practices, including discriminatory job advertisements calling for only men or women. Noting that the Government’s report does not contain any such information, the Committee once again asks the Government to provide information in this regard.

Discrimination on the basis of race, colour and national extraction (indigenous peoples). The Committee recalls its previous comments concerning the measures taken to address discrimination of indigenous peoples, including implementation of the 2001 Land Law, and the 2009 Sub-decree on procedures to register indigenous communal land, as well as the measures taken under the policy on registration of, and right to use, indigenous communal land and the policy on indigenous peoples’ development. The Committee notes the Inter-ministerial Circular No. 001 of 31 May 2011 on interim protective measures protecting lands of indigenous peoples, adopted by the Ministry of Interior and Land Management, Urbanization and Construction. Recalling the importance of access to land and natural resources for indigenous peoples to engage in their traditional occupations, the Committee requests the Government to provide information on the following:

• (i) the measures taken under the abovementioned policies to ensure that indigenous peoples can engage in their traditional occupations if they so choose, including shifting cultivation, and have access without discrimination to the material goods and services necessary to carry out these occupations, including land and resources;
• (ii) the number of communities identified and registered, the number of requests for land titling filed by the registered communities and the land titles issued according to the 2001 Land Law and the 2009 Sub-decree on procedures to register indigenous communal land;
• (iii) the measures taken to protect indigenous peoples’ land rights pending the registration of collective title under the Land Law and the Sub-decree; and
• (iv) the practical application of Inter-ministerial Circular No .001 of 31 May 2011, including information on any interim protective measures adopted so far.

Access to education irrespective of race, colour and national extraction. The Committee notes the Government’s indication that the MOLVT, funded by the national programme budget and the United Nations Educational, Scientific and Cultural Organization, had provided short-term vocational training courses on vegetable plantation, animal raising, fish raising, and rubber resin tapping for 392 ethnic groups who live in the north-east provinces of Cambodia. For the year 2012, the MOLVT plans to provide 23 vocational courses for 840 ethnic groups. The Committee asks the Government to continue to provide information on the vocational training courses provided to ethnic minorities and indigenous peoples including those provided by the MOLVT, as well as statistical information on the number of participants disaggregated by ethnicity, and the results achieved in terms of improving access of ethnic minorities and indigenous peoples to employment and occupation. Please also provide information on the Education for All programme, the Education Strategic Plan (2006–10), and the National Policy on the Development of Indigenous Peoples.

Special measures to promote equality. The Committee recalls its previous comments on section 11(6) of the Law on the Common Statute of Civil Servants (1994) and the Guidelines issued by the State Secretariat of the Civil Service (2008) concerning temporary special measures targeting between 20 to 50 per cent for women among all new recruits, as well as the 2006–10 Strategic Plan of the MOLVT providing services for persons with special needs, such as youth and persons with disabilities in particular among minority groups. The Committee notes that the Government’s report does not contain any information in this regard. It once again asks the Government to provide information on the practical application of section 11(6) of the Law on the Common Statute of Civil Servants and the Guidelines issued by the State Secretariat of the Civil Service, and their impact on promoting equality for ethnic minorities and women in the civil service. Please also indicate, with respect to employment and occupation, what kind of special services are being offered under the Strategic Plan to youth and persons with disabilities, in particular those who belong to ethnic minorities.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that the workshop on improving industrial relations in the garment industry had been conducted a few times, and that the memorandum of understanding had been concluded on 28 September 2010, which was not attached to the Government’s report. The Committee asks the Government to provide a copy of the memorandum of understanding of 28 September 2010. The Committee also repeats its earlier request to the Government to provide information on the following:

• (i) any measures, including tripartite workshops, taken to raise awareness of workers and employers and their organizations of the principles of the Convention, and of available avenues of dispute resolution;
• (ii) any training that has been undertaken or envisaged to increase the capacity of labour inspectors and others responsible for the application of the law to address specifically the issue of discrimination in employment and occupation; and
• (iii) updated information on the number, nature and outcome of employment discrimination cases that have been dealt with by the competent authorities, including any sanctions imposed and remedies provided.