Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1 of the Convention. Scope of application. The Committee recalls its previous request for 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 the Government’s indication that article 31(2) of the Constitution protects all Khmer citizens from discrimination, that article 36(1) protects their right to freely chosen employment, and that articles 267, 268 and 269, in conjunction with section 265 of the Criminal Code, penalizes discrimination in recruitment and dismissal as a criminal offence subject to civil and criminal penalties. The Government considers that these provisions afford sufficient protection to the workers excluded from the Labour Law. It also notes the Government’s indication that the Military Conscription Law is currently in the process of translation. The Committee recalls that, where certain categories of workers are excluded from general labour law, including non-citizens, it needs to be determined whether special laws or regulations apply, and whether they provide the same level of rights and protection as the general provisions. It further recalls that constitutional provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation (see the General Survey on the fundamental Conventions, 2012, paragraphs 733, 742 and 851). The Committee also emphasizes that in general, addressing discrimination issues such as sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, particularly since much of the information needed in cases related to equality and non-discrimination is in the hands of the employer (see 2012 General Survey, paragraphs 792 and 885). In this regard, the Committee requests 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, including any laws or regulations adopted or envisaged covering specific categories of workers. It also requests the Government to provide copies of the Military Conscription Law, once the translation is complete, as well as other relevant laws or regulations covering these workers. Noting that the rights of minorities under the Constitution extend only to the “Khmer” people, the Committee requests the Government to indicate whether the term “Khmer” includes ethnic minorities (such as citizens of Chinese or Vietnamese origin). If this is not the case, the Committee asks the Government to indicate how the right to equality of treatment and non- discrimination in employment and occupation of citizens of ethnic minorities is protected in practice.

Sexual harassment. The Committee recalls its previous request to the Government to provide information on awareness-raising activities or projects to address sexual harassment. It notes the Government’s indication that this information will be submitted in its next report. In this regard, the Committee notes that the National Action Plan to Prevent Violence Against Women (2009–12) has come to an end and that the second National Action Plan (2014–18) has been implemented since December 2014. The Committee reiterates its request for 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 through the project to promote the safety of women workers in the beer industry, the activities of the Cambodian Women’s Crisis Centre and any other activities conducted under the first and second National Action Plans, including the evaluation of the first National Action Plan (2009–12). The Committee also requests the Government to specifically include the investigation of sexual harassment in the terms of reference of labour inspectors and to provide information on any measures taken in this regard.

Articles 2 and 3. Equal access of women to employment and occupation. The Committee notes the Government’s indication of the outcomes achieved through the Strategic Plan for Gender Equality 2009–13 (Neary Rattanak III), including the mainstreaming of gender in education and vocational training laws and policies, such as the Education Strategic Plan (2014–18), the mainstreaming of gender in national reforms, such as the Public Administration Reform and in institutional mechanisms, such as Gender Mainstreaming Action Groups in line ministries and Women and Children Consultation Committees in provincial governments. It notes the Government’s indication that female participation in the labour market is 79.2 per cent compared to 86.5 per cent for men, which represents a narrowing of the gap in participation rates from the previous reporting cycle. The Committee also notes the Government’s indication that the proportion of women in the civil service increased to 37 per cent, up from 32 per cent in 2007. Finally, the Committee notes that the Strategic Plan of Gender Equality 2014–18 (Neary Rattanak IV) is currently being implemented. The Committee welcomes the initiatives indicated by the Government, and requests it to continue providing information on the measures taken, through the implementation of Neary Rattanak IV or otherwise, to ensure equal access of women to employment and occupation, including:

• (i) specific provisions in the newly adopted laws and policies referred to in the Government’s report that ensure and promote equal access of women to employment and occupation, including those intended to decrease vulnerable and low-wage employment for women;
• (ii) specific examples of the measures taken or envisaged to increase women’s access to a wider range of occupations beyond vulnerable and low-wage work, including positions at senior levels and in jobs traditionally dominated by men, along with statistical information of the outcomes disaggregated by sex; and
• (iii) updated statistics disaggregated to the sectoral level on the distribution of women and men in the various occupations in the private–public sectors, as well as in various vocational training courses.

Further, in the context of the Agriculture Support and Development Fund, please indicate how it is ensured that rural women have equal access to credit or land, in order to be able to carry out an occupation, since non-wage work covers the majority of the economically active population in the rural sector.

Equal access of women to education. The Committee recalls its previous comments on the low enrolment rate of girls and women in primary, secondary and higher education, and on persistent discrimination against women and gender stereotyping. It notes from the Government’s report that multiple laws and policies have been passed by the Ministry of Education, Youth and Sport, the Ministry of Labour and Vocational Training and other line ministries, and that the proportion of female students in tertiary education increased from 33.8 per cent in 2008 to 37.6 per cent in 2011. It also notes the Government’s indication that, while gender parity has been achieved at the primary and secondary levels, more girls have been dropping out of primary education than boys since 2012. The results of the Gender Development Index show that the expected years of schooling for women is 10.3 years as of 2014, which is lower than the figure of 11.5 years for males. The Committee recalls the Government’s indication in its previous report 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 the traditional belief that girls should not study much or go to study far from home. It notes, however, that the Government does not indicate how it measures the impact of traditional beliefs and the action taken to alleviate poverty. In this regard, the Committee notes the concluding observations of the United Nations Human Rights Committee (HRC), which highlighted the need for the Government to intensify its efforts to eliminate gender stereotyping with a view to changing the perception of women’s roles in society, as well as other causes of the gender wage gap (CCPR/C/KHM/CO/2, 29 October 2013, paragraph 7). The Committee requests the Government to provide more information on the specific measures taken to ensure equal access of women and girls to education, and to eliminate gender stereotyping.

Discriminatory recruitment practices. The Committee notes the Government’s indication that sections 12 and 369 of the Labour Law and sections 265, 267 and 268 of the Criminal Code establish the strict prohibition of discriminatory recruitment, subjecting violators to civil and criminal penalties. The Committee requests the Government to provide information on the application in practice of sections 12 and 369 of the Labour Law and sections 265, 267 and 268 of the Criminal Code, and on the obstacles encountered in their implementation, as well as any claims filed with the courts or the administrative authorities concerning cases of discrimination regarding these provisions, including court cases of discriminatory recruitment practices, such as job advertisements for only men or only women.

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 against indigenous peoples, including the 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 the registration of, and right to use, indigenous communal land and the policy on indigenous peoples’ development. At the time, the Committee noted Inter-ministerial Circular No. 001 of 31 May 2011 on interim measures protecting lands of indigenous peoples, adopted by the Ministry of the Interior and Land Management, Urbanization and Construction. While noting the Government’s indication that it is still in the process of collecting information from many line ministries, NGOs and international organizations, the Committee notes the stakeholders’ submission for the Universal Periodic Review of the Human Rights Council of 7 November 2013 that the above circular aims at interim protection only of indigenous communities which have already requested collective titling, which appears to undermine indigenous communities’ right to communal land titles, as others are forced to split up ancestral and communal lands (A/HRC/WG.6/18/KHM/3, 7 November 2013, paragraph 66). The Committee also notes the concluding observations of the HRC in 2015, which noted that indigenous peoples are not sufficiently consulted regarding issues such as the management of their communal lands and the allocation of land for extractive industries and agribusiness, and that concessions on the land they claim continue to be granted (CCPR/C/KHM/CO/2, 27 April 2015, paragraph 28). The Committee further notes that the National Action Plan to Prevent Violence Against Women (2014–18) identifies indigenous women or ethnic minorities as being vulnerable to gender-based violence. Recalling that indigenous peoples continue to be over-represented among the unemployed, the illiterate and the poor, and the importance of access to land and natural resources for indigenous peoples to engage in their traditional occupations, the Committee once again requests the Government to provide information on the following:

• (i) the measures taken 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 other natural 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 under the 2001 Land Law and the 2009 Sub-decree on procedures to register indigenous communal land;
• (iii) the measures taken to accelerate the protection of indigenous peoples’ land rights pending the registration of collective title under the Land Law and the Sub-decree, including the practical application of Inter-ministerial Circular No. 001 of 31 May 2011, including information on any interim protective measures adopted so far; and
• (iv) the measures taken under the National Action Plan to Prevent Violence Against Women (2014–18) to protect indigenous women and men from gender-based violence.

Access to education irrespective of race, colour and national extraction. The Committee recalls its previous request to the Government to provide information on the vocational training courses provided to ethnic minorities and indigenous peoples, including those provided by the Ministry of Labour and Vocational Training (MOLVT). The Committee notes the Government’s indication that it will provide an answer to the Committee’s request in its next report, as it is still collecting information from line ministries. The Committee therefore repeats its request to the Government 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 the access of ethnic minorities and indigenous peoples to employment and occupation. It also once again requests the Government to provide information on the measures taken to implement the Education for All Programme, the Education Strategic Plan (2014–18) and the National Policy on the Development of Indigenous Peoples as it pertains to access to education.

Article 5. 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 of 1994 and the Guidelines issued by the State Secretariat of the Civil Service of 2008 concerning temporary special measures targeting between 20 and 50 per cent of 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, particularly among minority groups. The Committee notes, however, the Government’s indication that it will provide an answer to the Committee’s request in its next report. The Committee hopes that the Government will include detailed information in its next report 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.

Parts III and IV of the report form. Enforcement. Noting the Government’s statement that it is in the process of collecting the information from many line ministries, whereas most of the information requested should be located at the level of the MOLVT, the Committee expresses the firm hope that in its next report the Government will provide information on the following:

• (i) any measures, including tripartite workshops, taken to raise the 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 dealt with by the competent authorities, including any sanctions imposed and remedies provided.