Interim Report - Report No 380, October 2016

Case No 2318 (Cambodia) - Complaint date: 22-JAN-04 - Active

Allegations: The murder of three trade union leaders and the continuing repression of trade unionists in the country

1. 99. The Committee has already examined the substance of this case on numerous occasions, most recently at its October–November 2015 meeting where it issued an interim report, approved by the Governing Body at its 325th Session [see 376th Report, paras 204–224].
2. 100. The Government sent partial observations in communications dated 30 October 2015, 30 May and 25 October 2016.
3. 101. Cambodia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It has not ratified the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 102. In its previous examination of the case, the Committee made the following recommendations [see 376th Report, para. 224]:
   • (a) While regretting that it had to decide to apply a measure of special nature to obtain information from the Government on the present case, the Committee welcomes the constructive engagement of the Cambodian Government which provided a written communication and made an oral presentation. The Committee recalls the importance for all Governments of providing within a reasonable time frame complete replies concerning allegations made against them or in follow-up to the Committee’s recommendations.
   • (b) The Committee once again urges the Government to keep it duly informed of any development with regard to the investigation into the murder of Mr Chea Vichea and to ensure that the perpetrators and the instigators of this heinous crime are brought to justice.
   • (c) The Committee once again urges the Government to investigate into the allegations of torture and other ill-treatment by police, intimidation of witnesses and political interference with the judicial process during the prosecution of Mr Born Samnang and Mr Sok Sam Oeun and to keep it informed of the outcome and any measure of redress provided for their wrongful imprisonment.
   • (d) While recalling that it had previously deplored the fact that Mr Thach Saveth had been sentenced to prison in a trial characterized by the absence of full guarantees of due process and had urged the Government to ensure that he may exercise his right to a full appeal before an impartial and independent judicial authority, the Committee requests the Government to investigate and indicate whether Mr Thach Saveth was effectively given the opportunity to appeal against the Court ruling and, if so, whether he had exercised his right to appeal.
   • (e) With regard to the investigation into the murder of Mr Hy Vuthy, the Committee once again urges the Government to keep it duly informed of any progress made in this regard.
   • (f) While noting that Mr Chhouk Bandith handed himself over to police on 8 August 2015, the Committee urges the Government to indicate whether the latter had paid the compensation awarded to the victims and is serving his jail term as ruled by the Svay Rieng Provincial Court.
   • (g) The Committee strongly encourages the Government to take steps to investigate into the assault of trade unionists of the FTUWKC and of the Free Trade Union of the Suntex Garment Factory reported by the complainant in October 2006. The Committee also urges the Government to investigate into the current employment status of three activists of the FTUWGGF who were allegedly dismissed in 2006 following their convictions for acts undertaken in connection with a strike at the Genuine Garment Factory. The Committee trusts that the present engagement of the Cambodian Government to tackle all pending issues before the ILO will also materialize in concrete steps to resolve these long outstanding matters raised by the Committee since 2007.
   • (h) The Committee urges the Government to ensure that the Special Inter-ministerial Committee keep the national employers’ and workers’ organizations, including the complainants in this case, informed on a regular basis of the progress of its investigations with a view to promoting social dialogue and putting an end to the climate of impunity that exists surrounding the acts of violence against trade unionists.
   • (i) While welcoming recent steps taken to investigate the violent acts against trade unionists alleged in this case, some of which date back to 2005, the Committee emphasizes the importance of taking concrete and meaningful steps to fully uncover the underlying facts and circumstances, identify those responsible and punish the guilty parties, and expresses the firm expectation that a full report on the reopened investigations will be transmitted to it in the very near future and will have a significant impact on the impunity prevailing in the country with respect to the matters raised in this case.

B. The Government’s reply

1. 103. In its communications dated 30 October 2015, 30 May and 25 October 2016, the Government confirmed the setting up of an Inter-Ministerial Commission for Special Investigation of all outstanding cases examined by the ILO. Under decision No. 73 SSR dated 15 September 2015, this Commission comprises: the Secretary of State of the Ministry of Interior (Chairman), the Secretary of State of the Ministry of Labour and Vocational Training (Vice-Chairman), the Secretary of State of the Ministry of Justice (Vice-Chairman), the Secretary of State of the Office of the Council of Ministers (member), the High Commissioner of the National Police (member), the Supreme Commander of the National Military Police (member), the Governor of Phnom Penh Municipal City (member), the Governor of Svay Rieng Province (member), the Commissioner of Phnom Penh Municipal Police Commissariat (member), the Royal Government Attorney and Member of Jurist Councils (member), a member of Jurist Councils (member), the Commissioner of Svay Rieng Provincial Police Commissariat (member), the Deputy Director of the Department of International Organizations of the Ministry of Foreign Affairs and International Cooperation (member), and the Chief of the Office of Legal and Consular Affairs of the Ministry of Foreign Affairs (member). The Government indicated that the Commission held its first meeting on 9 August 2016 and adopted measures with regard to its functioning. These include the use of electronic communication for reporting on progress made by each member of the Commission, regular meeting every three months to review progress made for each case. The next meeting of the Commission is scheduled for November 2016. Furthermore, the establishment of a tripartite working group attached to the Secretariat of the Commission is under process in order for the employers’ and workers’ organizations to provide information in relation to the investigation and to provide their feedback on the findings of the Commission.
2. 104. With regard to the investigation concerning the murder of Chea Vichea, Hy Vuthy and Ros Sovannareth, the Government indicates that the Commission is thoroughly working on the documentation of the cases.
3. 105. Concerning the incident in which three female workers were shot and injured at a protest outside a garment factory in Svay Rieng SEZ by the former governor of Bavet City, the Government confirms that Mr Chhouk Bandith, who handed himself over to police on 8 August 2015, is serving an 18-month jail term as ruled by the Svay Rieng Provincial Court.
4. 106. Finally, with regard to issues concerning the assault of trade unionists of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) and of the Free Trade Union of the Suntex Garment Factory reported by the ITUC in October 2006 (Lay Sophead, Pul Sopheak, Lay Chhamroeun, Chi Samon, Yeng Vann Nuth, Out Nun, Top Savy, Lem Samrith, Chey Rithy, Choy Chin, Lach Sambo, Yeon Khum and Sal Koem San), as well as the current employment status of three activists of the Free Trade Union of Workers of the Genuine Garment Factory (FTUWGGF) (Lach Sambo, Yeom Khun and Sal Koem San) who were allegedly dismissed in 2006 following their convictions for acts undertaken in connection with a strike at the Genuine Garment Factory, the Government indicates that the Ministry of Labour and Vocational Training is processing a request for a site visit to investigate the case.
5. 107. The Government concludes by reiterating its commitment to solve the pending cases with fairness and to duly report back to the Committee on the result of the investigations.

The Committee’s conclusions

1. 108. The Committee recalls that it has considered this serious case on numerous occasions which relates, inter alia, to the murder of trade union leaders, Chea Vichea, Ros Sovannareth and Hy Vuthy, and to the climate of impunity that exists surrounding acts of violence directed towards trade unionists. The Committee appreciates the renewed engagement of the Government to provide regular updates on the handling of the present case.
2. 109. The Committee takes note of the information according to which the Inter-Ministerial Commission for Special Investigations held its first meeting on 9 August 2016 and adopted measures with regard to its functioning. These include the use of electronic communication for reporting on progress made by each member of the Commission, regular meeting every three months to review progress made for each case, as well as the establishment of a tripartite working group attached to the Secretariat of the Commission in order for the employers’ and workers’ organizations to provide information in relation to the investigation and to provide their feedback on the findings of the Commission.
3. 110. With regard to the murder of Chea Vichea, the Committee takes due note of the information provided by the Government to the effect that the Inter-Ministerial Commission for Special Investigations is still investigating the case. The Committee once again urges the Government to keep it duly informed of any development with regard to the investigation into the murder of Chea Vichea and to ensure that the perpetrators and the instigators of this heinous crime are brought to justice.
4. 111. Recalling that it had previously called for 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 expects that the Inter-Ministerial Commission for Special Investigations will also thoroughly review this matter and ensure an investigation into all the above mentioned allegations, and requests the Government to keep it informed of the outcome and any measure of redress provided for the wrongful imprisonment of Born Samnang and Sok Sam Oeun.
5. 112. Furthermore, recalling that it had previously deplored the fact that Mr Thach Saveth was arrested and sentenced for the premeditated murder of trade unionist Ros Sovannareth in a trial characterized by the absence of full guarantees of due process necessary to effectively combat impunity for violence against trade unionists, the Committee expects that the Inter Ministerial Commission for Special Investigations will thoroughly review the circumstances surrounding his trial so as to ensure that justice has been carried out and that he has been able to exercise his right to a full appeal before an impartial and independent judicial authority, and requests the Government to keep it informed of developments in this regard.
6. 113. With regard to the murder of Mr Hy Vuthy in February 2007, the Committee takes note of the statement from the Government that the Inter-Ministerial Commission for Special Investigations is still investigating the case and once again urges the Government to keep it duly informed of any progress made in this regard.
7. 114. In relation to the shooting of three workers engaged in a strike by former governor Mr Chhouk Bandith and the circumstances related to his subsequent trial, the Committee takes note of the Government’s confirmation that Mr Chhouk Bandith, who handed himself over to police on 8 August 2015, is serving an 18-month jail term as ruled by the Svay Rieng Provincial Court. The Committee urges the Government to indicate whether Mr Chhouk Bandith had also paid the compensation awarded to the three victims as ruled by the court (38 million Riel (KHR) (US$9,500)).
8. 115. Finally, concerning its previous recommendations requesting the Government’s urgent investigation into the assault of trade unionists of the FTUWKC and of the Free Trade Union of the Suntex Garment Factory (Lay Sophead, Pul Sopheak, Lay Chhamroeun, Chi Samon, Yeng Vann Nuth, Out Nun, Top Savy, Lem Samrith, Chey Rithy, Choy Chin, Lach Sambo, Yeon Khum and Sal Koem San) alleged by the ITUC in 2007, as well as into the current employment status of three activists of the FTUWGGF (Lach Sambo, Yeom Khun and Sal Koem San) who were allegedly dismissed in 2006 following their convictions for acts undertaken in connection with a strike at the Genuine Garment Factory, the Committee notes the indication that the Government is processing a request for a site visit to investigate the matters. The Committee requests the Government to inform it of any development in this regard.
9. 116. As a concluding remark, while the Committee appreciates the renewed commitment of the Government and its efforts to solve the pending issues still under examination, it must however express its concern with continued delays and with the lack of concrete results in this case despite the time that has passed since its last examination. The Committee is bound to once again express the firm expectation that the Government will take swift action and will be able to report fully on the progress made by the Inter-Ministerial Commission concerning the reopened investigations into the murders of trade union leaders, as this shall have a significant impact on the impunity prevailing in the country and on the exercise of trade union rights of all workers. Lastly, the Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

The Committee’s recommendations

1. 117. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again urges the Government to keep it duly informed of any development with regard to the investigation into the murder of Chea Vichea and to ensure that the perpetrators and the instigators of this heinous crime are brought to justice.
   • (b) The Committee expects that the Inter-Ministerial Commission for Special Investigations will thoroughly review the allegations of torture and other ill-treatment by police, intimidation of witnesses and political interference with the judicial process during the prosecution of Born Samnang and Sok Sam Oeun, and ensure an investigation into all the abovementioned allegations, and requests the Government to keep it informed of the outcome and any measure of redress provided for the wrongful imprisonment of Born Samnang and Sok Sam Oeun.
   • (c) Recalling that it had previously deplored the fact that Mr Thach Saveth was arrested and sentenced for the premeditated murder of trade unionist Ros Sovannareth in a trial characterized by the absence of full guarantees of due process necessary to effectively combat impunity for violence against trade unionists, the Committee expects that the Inter-Ministerial Commission for Special Investigations will thoroughly review the circumstances surrounding his trial so as to ensure that justice has been carried out and that he has been able to exercise his right to a full appeal before an impartial and independent judicial authority and requests the Government to keep it informed of developments in this regard.
   • (d) With regard to the murder of Mr Hy Vuthy, the Committee takes note of the statement that the Inter-Ministerial Commission for Special Investigations is still investigating the case and once again urges the Government to keep it duly informed of any progress made in this regard.
   • (e) The Committee urges the Government to indicate whether Mr Chhouk Bandith, who is serving his jail term, has paid the compensation awarded to the three victims as ruled by the Svay Rieng Provincial Court.
   • (f) The Committee request the Government to inform it of any development with regard to its investigation into the assault of trade unionists of the FTUWKC and of the Free Trade Union of the Suntex Garment Factory reported in 2006, as well as into the current employment status of three activists of the FTUWGGF who were allegedly dismissed in 2006 following their convictions for acts undertaken in connection with a strike at the Genuine Garment Factory.
   • (g) While the Committee appreciates the renewed commitment of the Government and its efforts to solve the pending issues still under examination, it must however express its concern with continued delays and with the lack of concrete results in this case despite the time that has passed since its last examination. The Committee is bound to once again express the firm expectation that the Government will take swift action and will be able to report fully on the progress made by the Inter-Ministerial Commission concerning the reopened investigations into the murders of trade union leaders, as this shall have a significant impact on the impunity prevailing in the country and on the exercise of trade union rights of all workers.
   • (h) The Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.