Forced Labour Convention, 1930 (No. 29) - Cambodia (Ratification: 1969)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(2)(a) of the Convention. Services exacted under compulsory military service laws. Referring to its previous comments, the Committee observes that the Khmer version of the Conscription Law of 2006, indicated by the Government as attached to its report, was not received. The Committee recalls that the Conscription Law requires all male citizens between 18 and 30 years of age to register for military service and that in 2009, a sub-decree was adopted regulating the conditions and procedures concerning a census for recruitment, conscription, delays for youth who are studying. The Committee therefore reiterates its request to the Government to provide a copy of the Conscription Law and its sub-decree.

Article 2(2)(c). 1. Prison labour. The Committee requested the Government to provide information on the application of section 71 of the Law on Prisons, 2011 according to which the General Director of the Prisons is entitled to enter into a contract to generate employment for the prison industry, handicraft and farming programmes. The Committee notes that the Government reaffirms that this section has not been applied in practice due to the lack of interest of private enterprises to invest in the employment of convicted prisoners. With regard to the nature and types of vocational and technical trainings provided, the Government indicates that training programmes are voluntary and that they have been implemented in the following forms: either (i) by each correctional centre and prison, under the supervision of prison officials and with the collaboration of skilled convicted prisoners, without a strict schedule or certificate of attendance; or (ii) in partnership with the Ministry of Education, Youth and Sport and the Ministry of Labour and Vocational Training, among others, with a specific schedule and the issuance of a certificate of attendance and grading. More than 1400 convicted prisoners participated in each of these programmes in 2020.

2. Compulsory labour exacted in drug rehabilitation centres. The Committee previously requested the Government to provide information on the measures taken to ensure that persons detained in drug rehabilitation centres against their will (at the request of their family or guardians or following a decision of an administrative authority) are not subject to any obligation to perform work, as well as on the number of persons involuntarily admitted in rehabilitation centres, in comparison with the number of those admitted at their own request.

The Government indicates once again that compulsory treatment and rehabilitation may be requested voluntarily by the individual; by parents or guardians; or by the competent authorities where the treatment and rehabilitation are necessary to protect the interests of society and the individual. The Government states that 7,565 drug users received treatment in 2020 in drug rehabilitation centres, of which 363 underwent treatment and rehabilitation according to a court order. The Government further states that it encourages drug users to receive treatment and rehabilitation in the community. The National Authority for Combating Drugs urged the provincial drug control committees to establish a community-based drug treatment coordination committee, in order to facilitate access to healthcare services in health centres and referral hospitals, and to promote community-based healthcare. The Government also indicates that individuals in rehabilitation centres receive life skills training and other vocational training such as hairdressing, cooking, computing, foreign language, agriculture and livestock.

The Committee takes notes of this information and observes that only a minority of drug users end up in drug rehabilitation centres according to a court order. It requests the Government to continue to ensure that drug users who are placed in drug rehabilitation centres by administrative authorities in the interest of the person or to protect public order and receive compulsory treatment and rehabilitation are not compelled to work. The Committee also reiterates its requests to the Government to provide copies of the relevant texts governing drug rehabilitation centres to which it has been referring in its report, including the Prakas No. 253 of 25 January 2012 on the implementation of the sponsorship policy for drug victims in the treatment and rehabilitation centre; the Prakas No. 965 of 24 August 2017 on requirements and procedures for establishing treatment and rehabilitation centre for drug addicts; and the Guidelines No. 6 of 25 June 2020 on treatment and rehabilitation of drug addicts management in the treatment and rehabilitation centre for drug addicts.Please continue to provide information on the number of persons admitted in rehabilitation centres, on a voluntary basis, at the request of their family or guardians, by the administrative authorities or following a court order.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously requested the Government to continue to take measures to ensure that thorough investigations and prosecutions are carried out in cases of trafficking in persons, and to provide information on the measures taken to protect and assist victims of trafficking.

The Government indicates in its report that, according to the 2019 report of the National Committee for Counter Trafficking (NCCT), the results of the fight against trafficking in persons for forced labour and sexual exploitation demonstrate progress, as compared to 2018. In 2019, legal proceedings were initiated in 103 cases, convictions were handed down in 63 cases and 140 perpetrators were sentenced to imprisonment. The Government also states that the NCCT conducted 163 training courses, benefiting 6,894 participants to strengthen the capacity of focal points and law enforcement officers relating to issues such as trafficking in persons, safe migration and victim identification. In addition, 37 workshops on law enforcement in the area of trafficking in persons were held, with 3,160 participants.

The Government also refers to the adoption of the National Strategic Plan for Counter Trafficking in Persons 2019-23, on the basis of which it commits to protect identified victims of trafficking and to expand access to information and social services, including psychological support, legal assistance, financial support, and employment and documentation assistance, in order to encourage long-term integration. The Committee notes in this regard that the National Strategic Plan 2019–23 includes four strategic objectives, namely: (i) strengthening cooperation; (ii) promoting prevention; (iii) promoting law enforcement; and (iv) strengthening the protection of victims.

The Committee further notes that, in its concluding observations of 18 May 2022, the United Nations Human Rights Committee expressed concerns about reports of a lack of adequate protection for victims of trafficking, despite the significant efforts made to eliminate trafficking in persons (CCPR/C/KHM/CO/3, paragraph 30). The Committee encourages the Government to pursue its efforts to prevent and combat trafficking in persons and requests it to continue to provide information on the number of cases of trafficking identified and investigated, as well as on the number of convictions handed down and the penalties imposed on perpetrators. The Committee hopes that the Government will take the necessary measures to implement the four strategic objectives of the National Strategic Plan for Counter Trafficking in Persons 2019–23 and requests it to provide information on the assessment of the measures taken, the results achieved and the difficulties encountered. Lastly, the Committee requests the Government to pursue its efforts to provide assistance and protection to victims of trafficking, and to indicate the measures taken in this regard and the number of victims who have benefited from such measures.

2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously requested theGovernment to continue its efforts to prevent migrant workers from Cambodia from becoming victims of abusive practices and conditions that could amount to forced labour in receiving countries, including Thailand and Malaysia. The Committee notes the Government’s indication that it signed two Memorandums of Understanding (MoU) and a bilateral Agreement on labour and trafficking with Thailand, the principal destination country. It also signed the MoU on the Recruitment and Employment of Workers and the MoU on the Recruitment and Employment of Domestic Workers with Malaysia. It further states that the two Governments are working closely together to finalize the Standard Operating Procedures for sending Cambodian migrant workers to Malaysia. The Government reports that in 2020, there were 1,220,197 Cambodian migrant workers in Thailand and that through the action of the Committee for providing legalization to Cambodian workers who are staying and working in Thailand, approximately 1.07 million migrant workers were provided with proper legal documents to reside and work in Thailand by June 2018.

The Government also indicates that in 2020, 12 inspections were carried out in private recruitment agencies – two private agencies were given warnings and one had its operating licence revoked. The Ministry of Labour and Vocational Training received 21 complaints from migrant workers, of which 14 were resolved, four were cancelled and three are ongoing. The Government also refers to the adoption of the Cambodian Labour Migration Policy 2019–23, which has three main goals, namely strengthening migration governance, protecting and promoting the rights of migrant workers, and linking labour migration to socioeconomic development. In this framework, the Government will coordinate and collaborate with Myanmar, Laos and Thailand to develop a standard employment contract for migrant workers in the fishery sector. In addition, the Government has appointed a number of labour attachés to destination countries such as Thailand, Malaysia, South Korea and Japan in order to promote and protect the rights of migrant workers, including by ensuring that they are protected from labour exploitation and discrimination, and by assisting them regarding employment contracts, working conditions, legal documents and social protection.

The Committee also notes from the Rapid Assessment on Social and Health Impact of Covid-19 Among Returning Migrant Workers in Cambodia of the United Nations Covid-19 Response and Recovery Fund that 14.7 per cent of survey respondents reported some form of employment abuse, including withholding of wages, false promises, excessive working hours, withholding of identity/travel documents and psychological abuse.

While taking due note of the measures taken by the Government to enhance the protection of Cambodian migrant workers and prevent them from being caught in abusive practices and conditions of work that could amount to forced labour, the Committee requests it to step up its efforts in this regard. The Committee requests the Government to continue to provide information on further measures taken in this regard and in particular with a view to: (i) providing training and information to candidates for migration on regular and safe recruitment channels, labour rights and the risks of forced labour associated with migration; (ii) ensuring that migrant workers have access to complaints mechanisms to assert their rights when they face exploitation and abusive practices and that they receive protection and compensation; and (iii) increasing the number of inspections undertaken to monitor the recruitment and placement agencies. Please provide information on the number of migrant workers assisted and abuses identified.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2(2)(a) of the Convention. Use of services exacted under compulsory military service laws. The Committee previously noted that pursuant to the Conscription Law of 2006, compulsory conscription was reintroduced in Cambodia, requiring all male citizens between 18 and 30 years of age to register for military service. The Government stated that, military service is performed voluntarily and that an official notice is issued whenever the military forces are needed. The Government also states that the military forces are used only for military purposes. While noting this information, the Committee requested the Government to supply a copy of the Conscription Law (2006), as well as the sub-decrees issued in 2006 and 2011 pursuant to this Law.

The Committee notes that the copy of the abovementioned legislation has not been received. The Committee therefore once again requests the Government to supply a copy of the Conscription Law (2006), as well as the sub-decrees issued in 2006 and 2011 pursuant to this Law.

Article 2(2)(c). 1. Prison labour. The Committee previously noted the adoption of the new Law on Prisons in 2011. Pursuant to section 68 of the Law, low-risk convicted prisoners who have been assessed as physically capable shall be assigned to work as part of the prison’s daily routine, or to perform any work in the public interest and for the benefit of the community, or assigned to participate in prison industry, prison handicraft and prison farming programmes. According to section 71, following the approval from the Minister of Interior, the General Director of Prisons is entitled to enter into a contract to generate employment for the prison industry, handicraft and farming programmes, and is entitled to enter into a contract to sell the products produced. The Government also indicated that, in order to provide skills training for convicts, the Ministry of Interior has established a department of Corrections and Rehabilitation, as well as a department of Vocational Training and Employment.

The Committee notes the Government’s reiterated statement that, since the adoption of the Law in 2011, section 71 has not been applied in practice, and no private companies have expressed interest in employing convicts so far. In this regard, the Committee once again recalls that work by prisoners for private enterprises can only be held compatible with the Convention where such work is not compulsory, but is carried out with the formal, informed and freely given consent of the person concerned. The Committee therefore requests the Government to continue to provide information on the application of section 71 of the Law on Prisons (2011) in practice in its future reports. The Committee also once again requests the Government to provide concrete information on the activities carried out by the departments of Corrections and Rehabilitation, and Vocational Training and Employment, indicating, in particular, the nature and types of the vocational, technical or other training provided.

2. Compulsory labour exacted in drug rehabilitation centres. The Committee previously noted the Circular on the Implementation of Education, Treatment and Rehabilitation Measures for Drug Addicts of 2006, which stipulates that local authorities must establish compulsory drug treatment centres. The Committee also noted the information from the United Nations Office on Drugs and Crime that there have been reports of persons in drug rehabilitation centres engaged in compulsory labour. The Government indicated that admission into rehabilitation centres may be requested by family members/guardians; may follow a decision of the competent authorities or local authorities to the centres for detoxing treatment services and rehabilitation; or may be requested voluntarily by the individual.

The Committee notes a copy of Sub Decree No. 162 (22 December 2010) on the establishment of the national centre for the treatment and rehabilitation of drug addicts attached to the Government’s report. The Committee also notes the Government’s reiterated statement that the persons concerned are not required to work. The Government indicates that detoxification treatment, general education and vocational training are provided in the rehabilitation centres. The Committee also notes that Cambodia participates in the UNODC project of community-based treatment for drug users since 2012. However, the Committee notes that, according to the report on “the Challenge of Synthetic Drugs in East and South-East Asia” of UNODC published in August 2017, from 2011 to 2015, there has been an almost five-fold increase in the number of treatment admissions, from 1,011 to 4,959 in 2015, and that the number of drug treatment centres (ten) remains unchanged. The Committee therefore requests the Government to provide information on the measures undertaken to ensure that persons detained in drug rehabilitation centres who have not been convicted by a court of law are not subject to the obligation to perform work, as specified in Article 2(2)(c) of the Convention. It also requests the Government to provide information on the number of persons involuntarily admitted by the rehabilitation centres, in comparison with the number of those who benefit from the community-based treatment. The Committee once again asks the Government to provide, with its next report, copies of other relevant texts governing drug rehabilitation centres which were mentioned by the Government in its previous report, in particular Prakas No. 253 (25 January 2002) on the implementation of the sponsorship policy for drug victims in the rehabilitation centre of the Ministry of Social Affairs, Veterans and Youth Rehabilitation, and its appendix No. 8; and Prakas No. 863 (9 August 2001) on education and vocational training for prisoners.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the Government’s indication that, within the framework of the National Action Plan of 2011–13 on the suppression of trafficking and sexual exploitation, it had monitored places where prostitution may occur; provided advice and rehabilitation to sex workers; and instructed over 700 business owners on issues related to sexual exploitation. It had also taken measures to inform recruitment agencies on the risks associated with the use of false documentation, as well as on the importance of providing pre-departure training for migrants. The Committee further noted the statistical information provided by the Government on the number of cases of trafficking in persons and sexual exploitation brought before the courts, as well as the number of victims identified and individuals accused. The Committee noted, in particular, that the number of victims of trafficking and sexual exploitation identified appeared to have decreased substantially during the period of implementation of the National Action Plan. However, no information was provided on the number of convictions, the penalties imposed on perpetrators or the specific action taken to protect and assist victims.

The Committee notes the Government’s information in its report that, in 2014, the police arrested 127 suspects, while the courts examined 74 cases and convicted 31 persons with a punishment of imprisonment; in 2015, the police arrested 144 suspects, while the courts examined 250 cases and convicted 201 persons with a punishment of imprisonment; and in 2016, the police arrested 113 suspects, while the courts examined 138 cases and convicted 103 persons with a punishment of imprisonment. The Government also indicates that, in 2016, the National Committee for Counter Trafficking (NCCT), in collaboration with its partners, provided 1,362 victims and vulnerable persons with assistance, including health checks, consultations, food and accommodation, training, etc. The Committee also notes that the Nation Action Plan for 2014–18 (NAP 2014–18) was adopted. Within the framework of its implementation, the Guidelines on Forms and Procedures for Identification of Victims of Human Trafficking for Appropriate Service were endorsed in 2015. The Committee further notes from a report of the United Nations Office on Drugs and Crime (UNODC) Trafficking in persons from Cambodia, Lao PDR and Myanmar to Thailand of August 2017 that trafficking in persons from Cambodia to Thailand for sexual exploitation has declined in recent years. However, Cambodia has become a destination country for sex trafficking from Viet Nam and experiences high levels of internal trafficking. The Committee therefore requests the Government to continue to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against perpetrators of trafficking in persons, and to continue providing information on the number of judicial proceedings initiated, as well as on the number of convictions and the specific penalties applied. The Committee also requests the Government to continue providing information on the measures taken to protect victims of trafficking and to facilitate their access to assistance and remedies.

2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously noted the Report of the International Trade Union Confederation (ITUC) for the World Trade Organization (WTO) General Council Review of the Trade Policies of Cambodia that migrant workers from Cambodia are vulnerable to situations of forced labour, particularly women domestic workers in Malaysia and men on fishing boats in Thailand. In this regard, the Committee also noted the adoption of Sub-Decree No. 190 of 2011 on “the Management of the Sending of Cambodian Workers Abroad through Private Recruitment Agencies”, as well as of eight Prakas (Proclamations) supplementing the 2011 Sub-Decree. With regard to international cooperation measures, the Government stated that the draft Memorandum of Understanding (MoU) with the Government of Malaysia was under discussion. The Government further indicated that additional employees had been appointed to manage labour migration issues in the Embassies of Cambodia in Malaysia and Thailand.

The Committee notes the Government’s information that in 2016, 40 inspections were carried out on private recruitment agencies, 54 cases have been received and settled involving 187 workers (129 females), and 46 training sessions of pre-departure orientation were held, in which 1,740 workers have participated. The Committee also notes that, according to the midterm evaluation report of the NAP 2014–18, an MoU with China was completed in late 2016. Efforts continue at finalizing an MoU with Malaysia and the MoU with Thailand is still being reviewed. According to the Report of the Tripartite Committee of the Governing Body set up to examine the representation alleging non-observance by Thailand of the Convention of 20 March 2017, there are 701,540 Cambodian migrant workers and a significant number of undocumented migrants who work in the fishing sector (GB.329/INS/20/6, paragraph 43). They are often deceived into this sector by brokers, and not able to leave given the fear of arrest and deportation, as well as the need to pay off debts (paragraph 15). The Committee further notes the Migration and Development Brief No. 28 of October 2017 by the World Bank that, the Government has announced plans to send 360 officials to Thailand between mid-September and December of 2017 for a 100-day campaign to assist a targeted 160,000 undocumented Cambodians in Thailand to obtain proper papers. While taking note of the measures undertaken by the Government, the Committee requests it to continue its efforts to ensure that all migrant workers are fully protected from abusive practices and conditions that amount to forced labour, and to continue providing information in this regard. The Committee also requests the Government to continue providing information on the application in practice of Sub-Decree No. 190 of 2011 on labour migration and private recruitment agencies, as well as its supplementing Prakas, indicating the concrete results achieved.

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

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

Article 2(2)(a) of the Convention. Use of services exacted under compulsory military service laws. The Committee previously noted that pursuant to the Conscription Law of 2006, compulsory conscription was reintroduced in Cambodia, requiring all male citizens between 18 and 30 years of age to register for military service. The Committee notes the Government’s statement that, in the current context, military service is performed voluntarily and that an official notice is issued whenever the military forces are needed. The Government also states that the military forces are used only for military purposes. While noting this information, the Committee requests the Government to supply, with its next report, a copy of the Conscription Law (2006), as well as the sub-decrees issued in 2006 and 2011 pursuant to this Law, which are referred to by the Government as attached to the report, but have not been received by the Office.

Article 2(2)(c). Prison labour. The Committee had previously noted the adoption of the new Law on Prisons in 2011. It observed that, pursuant to section 68 of the Law, low-risk convicted prisoners who have been assessed as physically capable shall be assigned to work as part of the prison’s daily routine, or to perform any work in the public interest and for the benefit of the community, or assigned to participate in prison industry, prison handicraft and prison farming programmes. According to section 71, following the approval from the Minister of Interior, the General Director of Prisons is entitled to enter into a contract to generate employment for the prison industry, handicraft and farming programmes, and is entitled to enter into a contract to sell the products produced. In this regard, the Committee recalled that compulsory work or services exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two conditions are met, namely: that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. However, work by prisoners for private enterprises can be held compatible with the Convention where such work is not compulsory, but is carried out with the formal, informed and freely given consent of the person concerned.

The Committee notes the Government’s statement that, since the adoption of the Law in 2011, section 71 has not been applied in practice, and no private companies have expressed interest in employing convicts thus far. The Government also indicates that, in order to provide skills training for convicts, the Ministry of Interior has established a department of Corrections and Rehabilitation, as well as a department of Vocational Training and Employment. The Committee requests the Government to continue to provide information on the application of section 71 of the Law on Prisons (2011) in practice, so as to enable the Committee to ascertain that the work of prisoners for private enterprises is only performed with their free, formal and informed consent, and that such consent is authenticated by conditions of work approximating a free labour relationship. The Committee also requests the Government to provide information on the activities carried out by the departments of Corrections and Rehabilitation, and Vocational Training and Employment, indicating, in particular, the nature of the vocational, technical or other training provided.

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

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. With regard to its previous request concerning the measures taken by the Government with a view to strengthening its efforts to combat trafficking in persons, including within the framework of the national action plan 2011–13 on the suppression of trafficking and sexual exploitation, the Committee notes the Government’s indication that, in the context of law enforcement measures, it has monitored places where prostitution may occur; provided advice and rehabilitation to sex workers; and instructed over 700 business owners on issues related to sexual exploitation. Additionally, the Government briefly indicates that it has taken measures to inform recruitment agencies on the risks associated with the use of false documentation, as well as on the importance of providing pre-departure training for migrants.

The Committee notes further the statistical information provided by the Government on the number of cases of trafficking in persons and sexual exploitation brought before the courts, as well as the number of victims identified and individuals accused. The Committee notes, in particular, that the number of victims of trafficking and sexual exploitation identified appears to have decreased substantially during the period of implementation of the national action plan. For example, while 497 victims of trafficking were identified in 2011, the Government reports that 297 were identified in 2012 and only 76 in 2013. While noting the above statistics, the Committee observes that no information has been provided by the Government on the number of convictions, the penalties imposed on perpetrators, the specific action taken to protect and assist victims, or any other elements that would allow it to assess the impact of the measures taken by the Government on the prevention and prosecution of trafficking cases, as well as on the protection of victims. The Committee therefore strongly encourages the Government to ensure that thorough investigations and prosecutions are carried out against perpetrators of trafficking in persons, and requests it to continue to provide information on the number of judicial proceedings initiated, as well as on the number of convictions and the specific penalties applied. The Committee also requests the Government to provide information on the measures taken to protect all victims of trafficking and to facilitate their access to immediate assistance and effective remedies.

2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously noted the information in the report of the International Trade Union Confederation (ITUC) for the WTO General Council Review of the Trade Policies of Cambodia of November 2011 according to which migrant workers from Cambodia are vulnerable to situations of forced labour, particularly women domestic workers in Malaysia and men on fishing boats in Thailand. The report also indicated that national legislation on recruitment, placement, and protection of migrant workers is limited and outdated, and that, although the Ministry of Labour began providing pre-departure training on safe migration in 2011, Cambodian migrant workers are often unaware of their rights. In this regard, the Committee notes the adoption of Sub-Decree No. 190 of 2011 on “the Management of the Sending of Cambodian Workers Abroad through Private Recruitment Agencies”, as well as of eight Proclamations (Prakas) supplementing the 2011 Sub-Decree. The Committee also notes the Government’s indication that the Ministry of Labour and Vocational Training, in cooperation with the ILO Triangle Project, has developed a pre-departure guidance tool for migrant workers, and is currently updating the national labour migration policy. With regard to international cooperation measures, the Government states that the draft Memorandum of Understanding with the Government of Malaysia is currently under discussion. The Government further indicates that additional employees have been appointed to manage labour migration issues in the Embassies of Cambodia in Malaysia and Thailand. The Committee requests the Government to continue to take measures to ensure that migrant workers, including migrant domestic workers, are fully protected from abusive practices and conditions that amount to forced labour, and to provide information in this regard in its next report. Please also provide information on the application in practice of Sub Decree No. 190 of 2011 on labour migration and private recruitment agencies, as well as its supplementing Prakas (for example, on the inspection of private recruitment agencies, on complaint mechanisms for migrant workers, and so forth), indicating the concrete results achieved.

Articles 1(1), 2(1) and 2(2)(c). Compulsory labour exacted in drug rehabilitation centres. The Committee previously noted the Circular on the Implementation of Education, Treatment and Rehabilitation Measures for Drug Addicts of 2006, which stipulates that local authorities must establish compulsory drug treatment centres. In this regard, the Committee noted the information in the World Health Organization (WHO) report entitled “Assessment of compulsory treatment of people who use drugs in Cambodia, China, Malaysia and Viet Nam” that the majority of persons in drug rehabilitation centres in Cambodia are not admitted voluntarily; they are often admitted following legal procedures, on the request of their families, or simply following arrest. The Committee also noted the information from the United Nations Office on Drugs and Crime that there have been reports of persons in drug rehabilitation centres engaged in compulsory labour.

The Committee notes the Government’s indication that admission into rehabilitation centres may be requested by family members/guardians; may follow a decision of the competent authorities or local authorities to the centres for detoxing treatment services and rehabilitation; or may be requested voluntarily by the individual. The Government further indicates that, although vocational training and education programmes are provided as part of drug rehabilitation, persons in rehabilitation centres are not required to work. While noting this information, the Committee requests the Government to indicate what safeguards exist, both in law and in practice, to ensure that persons detained in drug rehabilitation centres who have not been convicted by a court of law are not subject to the obligation to perform work, as specified in Article 2(2)(c) of the Convention. The Committee once again asks the Government to provide, with its next report, copies of the relevant texts governing drug rehabilitation centres which are mentioned by the Government in its report, in particular Sub Decree No. 162 (22 December 2010) on the establishment of the national centre for treatment and rehabilitation of drug addicts; Prakas No. 253 (25 January 2002) on the implementation of the sponsorship policy for drug victims in the rehabilitation centre of the Ministry of Social Affairs, Veterans and Youth Rehabilitation, and its appendix No. 8; and Prakas No. 863 (9 August 2001) on the education and vocational training for prisoners.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(2)(a) of the Convention. Use of services exacted under compulsory military service laws. The Committee previously noted that pursuant to the Conscription Law of 2006, compulsory conscription was reintroduced in Cambodia, requiring all male citizens between 18 and 30 years of age to register for military service.

The Committee notes the Government’s statement that in 2009, it issued the sub-decree on Conditions and Procedures concerning a census for recruitment, conscription, delays for youth who are studying, and enforcement of the Conscription Law. The Government also states that in 2011, it issued the sub decree on contract military forces. The Committee recalls that, under Article 2(2)(a) of the Convention, work or service exacted by virtue of compulsory military service laws is only excluded from the scope of the Convention on the condition that such work is of a purely military character. The Committee therefore requests the Government to provide information on the measures taken to ensure that the services exacted under the Conscription Law (2006) are used for purely military ends. It also requests the Government to provide a copy of the Conscription Law (2006), as well as the sub-decrees issued in 2006 and 2011 pursuant to this Law, with its next report.

Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. The Committee previously noted that the Government was elaborating a new Law on Prisons. The Committee expressed the hope that the legislation adopted would be in compliance with the Convention in ensuring that any work performed by convicted persons for private entities be performed voluntarily and in conditions approximating a free employment relationship.

The Committee notes that the Law on Prisons was adopted on 30 November 2011. Section 68 of the Law on Prisons states that low risk convicted prisoners who have been assessed as physically capable shall be assigned to work as part of the prison’s daily routine, or to perform any work in the public interest and for the benefit of the community, or assigned to participate in prison industry, prison handicraft and prison farming programmes. The Committee also notes that section 71 of the Law provides that, following the approval from the Minister of Interior, the General Director of Prisons is entitled to enter into a contract to generate employment for the prison industry, handicraft and farming programmes, and is entitled to enter into a contract to sell the products produced. The Committee therefore observes that pursuant to section 68 of the Law on Prisons, prisoners are obliged to perform work, and that pursuant to section 71, this work may include work for private industries.

In this regard, the Committee recalls that Article 2(2)(c) of the Convention permits work to be performed by prisoners (as a consequence of a conviction in a court of law) only if this work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. However, with reference to its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that work by prisoners for private enterprises can be held compatible with the Convention where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, without being subjected to pressure or the menace of any penalty, by giving their formal, free and informed consent to work for private enterprises. In such a situation, work of prisoners for private parties would not come under the scope of the Convention, since no compulsion is involved. Moreover, the Committee has considered that, in the prison context, the most reliable indicator of the voluntariness of labour is that the work is performed under conditions which approximate a free labour relationship, including wages, social security and occupational safety and health. The Committee therefore urges the Government to take the necessary measures to ensure prisoners may only perform work for private enterprises (pursuant to section 71 of the Law on Prisons) with their formal and informed consent, and that such consent is free from the menace of any penalty and authenticated by the conditions of work approximating a free labour relationship. It requests the Government to provide information, in its next report, on the measures taken in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the adoption of the Law on Suppression of Human Trafficking and Sexual Exploitation (2008), and requested information on its application in practice.

The Committee notes the Government’s statement that it has taken measures to prevent and suppress trafficking in persons, as well as to rescue victims and punish perpetrators. The Government states that it disseminates and distributes educational materials concerning the relevant legislation and international legal norms, as well as on the deceitful methods used by the perpetrators of trafficking. The Committee also notes the Government’s statement that the National Committee to Lead the Suppression of Human Trafficking, Smuggling, Labour Exploitation and Sexual Exploitation in Women and Children (STSLS) has established a national action plan for 2011–13 on the suppression of human trafficking and sexual exploitation. The Government states that the STSLS cooperates with groups at the national, provincial and municipal levels, as well as with ministerial working groups and the authorities responsible for the implementation of memoranda of understanding (MOUs) with other countries in the region. In this regard, the Government indicates that it engages in regional cooperation to protect victims of trafficking. In addition, the Committee notes the Government’s statement that the Village/Commune Safety Policy is playing a crucial role in the implementation of activities to combat human trafficking.

The Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 12 June 2009, expressed serious concern regarding reports that an estimated 400–800 Cambodian women and children are trafficked to foreign countries per month, as well as regarding the low number of prosecutions and convictions of traffickers (E/C.12/KHM/CO/1, paragraph 26). The Committee further notes that the Committee against Torture, in its concluding observations of 20 January 2011, expressed concern regarding reports that a high number of women and children continue to be trafficked from, through and within the country for purposes of sexual exploitation and forced labour (CAT/C/KHM/CO/2, paragraph 22). The Committee urges the Government to strengthen its efforts to combat trafficking in persons, including within the framework of the national action plan 2011–13 on the suppression of human trafficking and sexual exploitation, and to provide information on the measures taken in this regard. It requests the Government to provide information, in its next report, on the application of the Law on Suppression of Human Trafficking and Sexual Exploitation (2008) in practice, including the number of investigations, prosecutions, convictions and specific penalties imposed. It further requests the Government to indicate the measures taken to provide training to law enforcement officials, including labour inspectors, on the phenomenon of trafficking. Lastly, the Committee requests the Government to supply information on the specific measures taken to provide protection and assistance to victims of trafficking, as well as the results achieved.

2. Vulnerability of migrant workers to conditions of forced labour. The Committee notes the information in the report of the International Trade Union Confederation (ITUC) entitled “Internationally Recognised Core Labour Standards in Cambodia: Report for the WTO General Council Review of the Trade Policies of Cambodia” of November 2011 that migrant workers from Cambodia are vulnerable to situations of forced labour, particularly women domestic workers in Malaysia and men on fishing boats in Thailand. This report also indicates that the national legislation on recruitment, placement, and protection of migrant labour is limited and outdated. This report further states that Cambodian migrant workers are generally not aware of their rights during their work abroad, although the Ministry of Labour began providing pre-departure training on rights in 2011. The Committee also notes that the Government is in the process of developing an MOU with the Government of Malaysia concerning migrant domestic workers.

The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore requests the Government to provide information on the measures taken to ensure that migrant workers are protected from abusive practices and conditions that amount to the exaction of forced labour. In this regard, the Committee requests the Government to provide information on measures adopted specifically tailored to the difficult circumstances faced by migrant workers, including measures to prevent and respond to cases of abuse of migrant workers. It further requests the Government to provide copies of the legislation relevant to migrant workers with its next report.

3. Work exacted in drug rehabilitation centres. The Committee notes that in 2006, a Circular on the Implementation of Education, Treatment and Rehabilitation Measures for Drug Addicts was issued, stipulating that local authorities must establish compulsory drug treatment centres. The Committee also notes the information in a World Health Organization report entitled “Assessment of compulsory treatment of people who use drugs in Cambodia, China, Malaysia and Viet Nam” that the majority of persons in these drug detention centres in Cambodia are not there voluntarily; they may be admitted following legal procedures, on the request of their families, or simply following arrest. The Committee further notes that the Committee against Torture, in its concluding observations of 20 January 2011, expressed concern at continuing reports of round-ups by law enforcement officials in the streets and the subsequent holding of people, including sex workers, people who use drugs, homeless people, beggars, street children and mentally ill persons in social affairs centres against their will and without any legal basis and judicial warrant (CAT/C/KHM/CO/2, paragraph 20). Lastly, the Committee notes the information from the United Nations Office on Drugs and Crime that there have been reports that persons in these drug rehabilitation centres are engaged in compulsory labour. In this regard, the Committee recalls that, according to Article 2(2)(c) of the Convention, work can only be exacted from a person as a consequence of a conviction in a court of law. It therefore requests the Government to provide information on how persons enter drug rehabilitation centres and social affairs centres, and whether persons detained in these centres are required to engage in work. It requests the Government to provide copies of the relevant legislation and regulations governing drug rehabilitation centres, with its next report.

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

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the adoption of the Law on Suppression of Human Trafficking and Sexual Exploitation (2008), which repeals the Law on Suppression of Kidnapping, Trafficking and Exploitation of Human Persons (1996) and provides for a broad definition of “exploitation” to cover sexual exploitation, production and distribution of pornography, slavery or practices similar to slavery, debt bondage, forced labour, and other similar forms of exploitation. The Committee notes, in particular, that under section 12 of the 2008 Law, the act of inducing, hiring or employing a person to engage in any form of exploitation with the use of deception, abuse of power, confinement, force, threat or any coercive means shall be punished with imprisonment for a term of not less than seven years and up to 15 years. The Committee requests the Government to provide, in its next report, information on the application in practice of the Law on Suppression of Human Trafficking and Sexual Exploitation (2008), as regards both protection of victims and punishment of perpetrators, supplying sample copies of the relevant court decisions and indicating the penalties imposed. More generally, the Committee requests the Government to provide information on measures taken or contemplated to combat trafficking in persons for purposes of sexual and labour exploitation.

Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee notes that according to a Conscription Law of 2006, compulsory conscription has been reintroduced in Cambodia, requiring all male citizens between 18 and 30 years of age to register for military service. The Committee requests the Government to supply, with its next report, a copy of the Conscription Law (2006), indicating what guarantees are provided to ensure that services exacted under compulsory military service provisions of the above Law are used for purely military ends.

Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. The Committee has become aware that the Government is currently working on the elaboration of a new draft Law on Prisons. The Committee recalls, referring also to paragraphs 54–61 and 103–120 of its 2007 General Survey on the eradication of forced labour that, to be compatible with the Convention, the work of convicted persons for private entities should be performed voluntarily and in conditions approximating a free employment relationship, which necessarily requires the free, formal and informed consent of convicts, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security. The Committee therefore hopes that the new draft Law on Prisons will ensure full compliance with the Convention and that the Government will provide, with its next report, updated information on the adoption of the above draft Law.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Further to its earlier comments on Sub-Decree No. 10 SDEC of 28 February 1994 which provided for up to 15 days a year of compulsory labour for irrigation works, the Committee notes with satisfaction from the Government’s latest report that the 1994 Sub-Decree was repealed by a new Sub-Decree No. 40 SDE of 4 July 2000, which provides for one day of manual work on hydrology, to be held on 4 March every year, which all adult citizens can voluntary attend.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report, which refers to articles 15 and 16 of the new Labour Law, Chapter 1, section V, which were adopted by the National Assembly on 10 January 1997. Article 15 prohibits forced or compulsory labour. Article 16 prevents hiring of people for work to pay off debts.

Article 1(1) and Article 2(1) and (2)(d) and (e) of the Convention. 1. In its earlier comments, the Committee referred to Sub-Decree No. 10 SDEC of 28 February 1994 establishing a Workday for Irrigation and Agriculture which provides that all people, armed forces, officials and public servants have an obligation to perform irrigation work for 15 days a year, and students for seven days a year (section 3). In its earlier comments, the Committee noted the Government's statement that this Sub-Decree established a civic service for the purpose of restoring infrastructures in rural regions after annual disasters -- floods and drought; participation in this work was voluntary. The Government stated that, in practice, a single day's work was done in 1996, the persons carrying out this work receiving payment in kind and benefiting from an irrigation system for their paddy fields. In its latest report received in June 1998 the Government repeats its statement that the manual work for irrigation and agriculture provided for by the Sub-Decree does not mean forced or compulsory labour, and that it has never observed any kind of forced or compulsory labour in Cambodia.

2. The Committee recalls that the work under the Sub-Decree is compulsory for the whole population. Whilst noting the Government's statement that under section 15 of the new Labour Code of 1997 forced labour is prohibited absolutely in conformity with the provisions of Convention No. 29, the Committee again points out that the Sub-Decree, if implemented in accordance with its specific provisions, would enable labour which did not meet the exemptions of "minor communal services" or "emergency" to be exacted from persons against their will. It is therefore the specific provisions of the Sub-Decree which are not in conformity with the Convention. The Committee hopes that the Government will revise the Sub-Decree, as well as all the decisions taken under it so as to remove any ambiguity, and that it will be able to report, in the near future, on the measures taken or contemplated to ensure observance of the Convention in this respect.

Article 25. 3. In its earlier comments the Committee noted that, under section 369 of the new Labour Code of 1997, persons violating the provisions of section 15 on the prohibition of forced labour are liable to a fine of from 61 to 90 days' reference wages or imprisonment ranging from six days to one month. The Committee hopes that the Government will indicate what penalties are imposed under section 369 and describe any legal proceedings which have taken place.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Article 2, paragraph 2, of the Convention.In its previous comment, the Committee referred to Sub-Decree No. 10 SDEC of 28 February 1994 establishing a Workday for Irrigation and Agriculture which provides that "all people, armed forces, officials and public servants have an obligation to perform irrigation work for 15 days a year, and students for seven days a year" (section 3). The Committee noted that the work provided for in this Sub-Decree did not seem to meet the criteria for "minor communal services" which fall outside the scope of the Convention. It requested the Government to indicate the measures taken to ensure compliance with the Convention on this matter.

In its report, the Government states that Sub-Decree No. 10 SDEC has established a civic service for the purpose of restoring infrastructures in rural regions after the disasters -- floods and drought -- which occur every year. It stresses that participation in this work is voluntary and that, in practice, a single day's work was done in the previous year. In addition, the Government states that the persons carrying out this work receive payment in kind and benefit from an irrigation system for their paddy fields.

The Committee takes due note of these indications but observes that the voluntary nature of participation in the work does not follow from Sub-Decree No. 10 of 1994 which mentions that participation is obligatory. The Committee also observes that the length of service required by the Sub-Decree is seven and 15 days per annum respectively for students and other persons. Finally, it notes that the whole labour force of a province has to work on a single worksite and that there is no provision for consultation regarding the need for the work either with those who are expected to do the work or with their direct representatives. Consequently, referring to the explanation given in paragraph 37 of its 1979 General Survey on the abolition of forced labour, the Committee considers that this work does not meet the criteria of "minor communal services" exempted from the scope of the Convention under its Article 2(2)(e). Furthermore, this restoration work, which is foreseeable and takes place annually, does not fall within the exception provided for in Article 2, paragraph 2(d), concerning cases of emergency; as the Committee pointed out in paragraph 36 of the same General Survey, the examples given in the Convention show that cases of emergency involve a sudden, unforeseen happening calling for instant counter-measures. Lastly, referring to the indications given in paragraph 28 of its 1968 General Survey on forced labour, the Committee recalls that where holders of irrigated land are required to participate in the maintenance of irrigation channels from which they derive direct benefit, their obligations -- provided that these are commensurate with the benefits enjoyed -- may be regarded as a form of consideration due from the landholder. By contrast, Sub-Decree No. 10 of 1994 makes the work compulsory for the whole population, and not only for the landholders directly concerned.

The Committee notes that under section 15 of the new Labour Code of March 1997 "Forced labour is prohibited absolutely in conformity with the provisions of Convention No. 29". It hopes that the Government will revise Sub-Decree No. 10 SDEC of 28 February 1994, as well as all the decisions taken in application of this Sub-Decree, in the light of the Convention and of section 15 of the Labour Code, and that it will report on the measures taken or contemplated to ensure observance of the Convention in this respect.

2. Article 25. The Committee notes that under section 369 of the new Labour Code of 1997, persons violating the provisions of section 15 on the prohibition of forced labour are liable to a fine of 61 to 90 days' reference wages or imprisonment ranging from six days to one month.

The Committee recalls that under Article 25 of the Convention, the penal sanctions imposed by law must be really adequate. It hopes that the Government will take the necessary measures to ensure compliance with the Convention on this point.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2(2)(e) of the Convention

The Committee notes the Government's indication in its report that minor communal services, whether small and quickly performed or bigger and more time-consuming, are discussed between the village chief and a local authority or, where the chief is the authority, he determines the category of minor communal services and then persuades the people to take part voluntarily.

The Committee also has taken note of sub-Decree No. 10 SDEC of 28 February 1994, Creating a Workday for Irrigation and Agriculture.

Under article 3 of this sub-decree, "all people, armed forces, officials and public servants" have an obligation to perform irrigation work for 15 days a year, and students for seven days a year. Referring to this sub-decree, a Decision (No. 27) of Battambang Province "On the setting up of an agriculture water policy committee", dated 15 March 1994, provides that: "This year all officials and public servants, armed forces and people across the province of Battambang shall perform agriculture work for 15 days from 21 March to 5 April 1994 ... . Students owe seven days in agricultural work from 21 to 27 March 1994." The work is to "Rehabilitate Canal No. II from Ban Say Treng village to Kien Kes village in Battambang district" with a length of 2,500 m and a volume of 22,506 m3.

The Committee refers to the explanations provided in paragraph 37 of its 1979 General Survey on the Abolition of Forced Labour, where it has drawn attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works). These criteria are as follows:

- the services must be "minor services";

- the services must be "communal services" performed "in the direct interest of the community";

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".

The work under sub-Decree No. 10 SDEC of 28 February 1994 does not appear to meet these criteria: the length of service required (seven or 15 days a year) goes beyond "minor services" and, where the whole labour force of a province is to work on a single worksite, the services are not "communal services"; lastly, no consultation appears to have taken place with those who are to perform the work or their direct representatives in regard to the need for their services.

The Committee requests the Government to review sub-Decree No. 10 SDEC of 28 February 1994 and any decisions made thereunder and to indicate the measures taken or envisaged to ensure the observance of the Convention.