Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2013 concerning the application of the Convention.

The Committee notes with regret that the Government’s report has not been received.

The Committee recalls that it had previously urged the Government to send its observations on the comments made in 2010, 2011 and 2012 by the International Trade Union Confederation (ITUC), the Cambodian Labour Confederation (CLC), Education International (EI), the Cambodian Independent Teachers’ Association (CITA) and the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), which referred to serious acts of violence and harassment against trade union leaders and members. The Committee notes with concern the new comments submitted by the ITUC in a communication dated 21 August 2013 alleging serious violations of the Convention. The Committee urges the Government to provide its observations on all outstanding comments submitted by the ITUC, CLC, EI, CITA and the FTUWKC.

The Committee notes the comments of the International Organisation of Employers (IOE) and the Cambodian Federation of Employers and Business Association (CAMFEBA) in a communication dated 30 August 2013. The Committee notes that both organizations consider that “freedom of association and the right to organize are extremely well practiced in Cambodia”, refer to the challenges resulting from the growing multiplicity of unions, dispute the allegations concerning the use of fixed duration contracts and are of the opinion that the issue of the Trade Union Act should not be addressed by the Committee.

The Committee notes the latest conclusions and recommendations of the Committee on Freedom of Association in Case No. 2318 concerning the murders of trade union leaders Chea Vichea, Ros Sovannareth and Hy Vuthy and the continuing repression of unionists, which had to be examined in the absence of a response from the Government and was considered as an extremely serious and urgent case (370th Report, paragraphs 144–168). In the absence of the Government’s reply, the Committee, like the Committee on Freedom of Association and the Conference Committee, once again strongly urges the Government to ensure that thorough and independent investigations into the murders of Chea Vichea, Ros Sovannareth and Hy Vuthy are carried out expeditiously to ensure that all available information will finally be brought before the courts in order to determine the actual murderers of these trade union leaders and instigators, punish the guilty parties and bring to an end the prevailing situation of impunity as regards violence against trade union leaders. The Committee further requests the Government to conduct an independent and impartial investigation into the prosecution of Born Samnang and Sok Sam Oeun, including allegations of torture and other ill-treatment by police, intimidation of witnesses and political interference with the judicial process. The Committee requests the Government to provide information on the outcome of the investigations and on the measures of redress for their wrongful imprisonment.

Trade union rights and civil liberties. In its previous observations, the Committee urged the Government to take all the necessary measures, in the very near future, to ensure that trade union rights of workers are fully respected and that trade unionists are able to engage in their activities in a climate free of intimidation and risk to their personal security and their lives as well as the lives of their families. The Committee notes with regret the absence of the Government’s reply, particularly in view of the comments made by a number of workers’ organizations alleging serious acts of violence and harassment against trade union leaders and members, and in the wake of the Conference Committee’s discussion on Cambodia relating to the persistent climate of violence and intimidation towards union members. The Committee is bound to recall, once again, that freedom of association can only be exercised in a climate that is free from violence, pressure or threats of any kind against leaders and members of workers’ organizations, and that detention of trade unionists for reasons connected with their activities in defence of the interests of workers, constitutes a serious interference with civil liberties in general and with trade union rights in particular. It further recalls that workers have the right to participate in peaceful demonstrations to defend their occupational interests. In light of the above, the Committee once again urges the Government to take all the necessary measures, in the very near future, to ensure that trade union rights of workers are fully respected and that trade unionists are able to engage in their activities in a climate free of intimidation or risk to their personal security and their lives, as well as the lives of their families, in accordance with the abovementioned principles. The Committee requests the Government to provide information in this regard.

Independence of the judiciary. In its previous observations, the Committee noted the conclusions of the ILO direct contacts mission of April 2008, referring to serious problems of capacity and lack of independence of the judiciary. The Committee requested the Government to take concrete and tangible steps, as a matter of urgency, to ensure the independence and effectiveness of the judicial system, including capacity-building measures and the institution of safeguards against corruption. In this regard, the Committee notes that, in June 2013, the Conference Committee urged the Government to: (i) adopt without delay the proposed law on the status of judges and prosecutors and the law on the organization and functioning of the courts, and ensure their full implementation; (ii) provide information on the progress made in this regard, as well as in respect of the creation of labour courts; and (iii) transmit the draft texts to the Committee of Experts. The Committee notes with regret that none of these texts have been transmitted. It once again requests the Government to indicate whether these laws have been adopted, and, if so, to provide a copy thereof. If this is not the case, the Committee urges the Government to take all necessary measures to ensure their adoption without delay.

The Committee also requests the Government to provide in its next report information on any progress made concerning the creation of labour courts.

The draft Trade Union Act. The Committee notes that the June 2013 Conference Committee once again called on the Government to intensify its efforts, in full consultation with the social partners and with the assistance of the ILO, to ensure the rapid adoption of the Trade Union Act by the end of 2013 so as to fully guarantee the rights under the Convention. The Committee once again requests the Government to provide information on the steps taken towards the adoption of the Act, and expresses the firm hope that the social partners will be fully consulted throughout the process, and that the final draft legislation will take into account all its comments and in particular that civil servants, teachers, air and maritime transport workers, judges and domestic workers will be fully guaranteed the rights enshrined in the Convention.

The Committee is raising other points in a request addressed directly to the Government.