Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Abolition of Forced Labour Convention, 1957 (No. 105) - Cambodia (Ratification: 1999)

As regards its previous request on the regulations governing labour relations in maritime transport, the Committee notes the Government’s indication that, although the current labour law does not cover labour relations in maritime transport, it is not possible for the Government to adopt specific legislation on this matter for the time being. The Committee notes further the information provided by the Government on the application in practice of section 12 of the Press Law of 1995. Finally, the Committee notes the information provided by the Government on the disciplinary measures and penal sanctions applicable to public servants.

Article 1(d) of the Convention. Punishment for participation in strikes. The Committee notes the communication received from the International Trade Union Confederation (ITUC) on 31 August 2014 in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), according to which 23 workers were arrested in January 2014 for participating in strikes and demonstrations. According to the ITUC, although all 23 workers were sentenced to between four–five years imprisonment, sentences were suspended and the workers freed due to international pressure. Corroborating the communication of the ITUC, the Committee notes the report of the UN Special Rapporteur on the situation of human rights in Cambodia of August 2014 in which he expressed concern regarding the upsurge of judicial intimidation of union activists in April and May 2014, which included arrests in Kandal, Kampong Speu and Takeo provinces (A/HRC/27/70, paragraph 24). In this regard, the Committee recalls that pursuant to Article 1(d) of the Convention no sanctions involving compulsory labour, including compulsory prison labour, should be imposed on workers for the mere fact of organizing or peacefully participating in strikes. The Committee requests the Government to indicate the legislative provisions and factual arguments on the basis of which individuals have been arrested.