Cas individuel (CAS) - Discussion : 2007, Publication : 96ème session CIT (2007)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Cambodge (Ratification: 1999)

A Government representative stated that freedom of association was assured under sections 266-278 of Chapter 11 of the Cambodian Labour Law, which were themselves in conformity with the provisions of Convention No. 87. As of 2007 there were 1,075 trade unions, freely established and registered in accordance with national laws. Union members exercised their rights freely, and no threats or harassment against trade unionists had ever occurred. The reports of the ILO Better Factories and Labour Dispute Resolution projects indicated that the situation with respect to freedom of association rights had improved dramatically in the garment sector; as a result, many labour disputes were settled in a timely manner and to the satisfaction of the parties concerned.

He stated that on 6 April 2007 the Court of Appeal held a hearing on the murder of Chea Vichea, the former president of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), and on 12 April 2007 rendered a verdict upholding the municipal court's August 2005 sentence of 20 years' imprisonment for the defendants, Born Samnang and Sok Sam Oeun. The case had passed through the judicial process, and was therefore beyond the Government's competence. As regards the case concerning Ros Sovannareth, that case was presently under investigation by the competent authority.

He maintained that the Government had emphasized the effective and efficient management of civil servants under the competence of the Education and Interior Ministries, especially with regard to their financial and technical aspects, and that civil service workers' associations fell within the scope of the Labour Law. The above information, he concluded, demonstrated the Government's commitment to upholding the principles of Convention No. 87.

The Employer members regretted that the Government had provided no report on the implementation of Convention No. 87, in spite of the fact that the Committee of Experts had been requesting such information since 2003. This failure to report gave the impression that no effort had been made to implement the Convention's provisions. This amounted to a failure to apply the Convention in law and in practice. Judges and civil servants must be able to establish organizations to defend their interests and to become members. The Experts had also requested an amendment of the provision of the Labour Law, according to which everybody who had been convicted of a crime was barred from being elected to a responsible position in a professional association. The Employer members further remarked that it remained unclear which civil servants were defined as "officials with legislative tasks" and barred from establishing organizations, as well as under which conditions the establishment of an organization of workers or employers could be denied. Additionally, limitations existed on the right of associations of professional organizations to affiliate with international organizations.

Noting the reported problems of applying the Convention in practice, they affirmed that the right of workers' and employers' organizations can only be exercised in a climate free from violence, pressure or threats of any kind against the leaders and members of these organizations. They stated that the examples touched upon infringed not only upon the Convention, but also upon the Constitution of Cambodia, which expressly provided for freedom of association. They concluded by urging the Government to provide full information on the Convention's implementation, as requested by the Committee of Experts for several years running.

The Worker members regretted that the Government had not submitted a report and deemed the statement by the Government representative to be disappointing. It was vital that, at a time when this country was experiencing strong economic growth, particularly thanks to the garment sector, all workers, including those in that sector, should enjoy freedom of association. This, unfortunately, was not the case. The Labour Law did not apply to civil servants or domestic workers. The Cambodian Independent Teachers' Association (CITA) had not been recognized as an independent trade union. It could not bargain collectively on behalf of teachers and was the target of harassment, intimidation and surveillance by local authorities and police. This lack of protection also existed in the informal sector.

Where they were able to organize, workers were confronted with a climate of intimidation and violence. Three years ago, the Chairperson and another member of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) were murdered. Two innocent people had been condemned for this crime, while a witness to it, found by the International Trade Union Confederation (ITUC), was afraid of testifying. This year another trade unionist was murdered. There was no lack of proof for acts of harassment and repression systematically carried out by the police against collective action led by the unions, especially the FTUWKC. It was the Government's duty to ensure a climate free of violence, threats or pressure so that employers' and workers' organizations could exercise their rights.

Furthermore, there was no system for conflict resolution, as courts foreseen by the Labour Law to settle litigation between workers and employers had still not been set up. Workers who complained or protested were sometimes brought before civil courts on charges of damages to companies. In most cases, the complaints were withdrawn if the worker resigned or accepted to forego his or her action. Intimidation and corruption had replaced legal procedures in conflict resolution.

There was still a long way to go in order to put an end to the climate of impunity and ensure the essential conditions for the exercise of freedom of association.

The Worker member of France underscored the serious aspect of the International Trade Union Confederation's comments and added his own. In November 2004, the trade union organization to which the speaker belonged, after having met Rong Chlun, the Chairperson of the Cambodian Independent Teachers' Association, communicated its concern to His Majesty the King of Cambodia regarding the mounting pressure and threats to which trade union leaders and members were subjected because of their union activities. Two other union activists - Chea Vichea and Ros Sovannareth - were assassinated in the same year. The facts pointed to violent police action against striking workers through the use of water cannons, aggression, etc. In addition, the imposition of minimum service in all the enterprises mentioned in the direct request of the Committee of Experts further limited the right to strike. These proved well founded as, in October 2005, Rong Chlun and another trade unionist were arrested for criticizing government policy. An arrest warrant was also issued against Chea Mony, Chairperson of the FTUWKC. The speaker could testify to the tense situation for workers exercising their union rights, mainly in the textile and garment sector, which was experiencing the full impact of trade liberalization policies. This tense situation had led to the murder of a trade union official in the Suntex clothing company, Hy Vuthy. The impunity of the guilty parties put further pressure on trade union members and workers. In this respect, the international community had mobilized to demand the reopening of the trial which resulted in two innocent people being condemned for the assassination of the FTUWKC members.

Finally, he said it was deplorable that, despite the seriousness of the situation regarding freedom of association in Cambodia, the Government had not submitted reports due under Conventions Nos 87 and 98.

The Worker member of the United Kingdom asserted that although freedom of association was said to exist in Cambodia, in reality its exercise was severely restricted. Although workers were able to form unions - indeed, a multiplicity of unions existed - serious problems arose when unions attempted to bargain collectively. Workers were also subject to repression in the form of dismissals, intimidation, violence and even murder.

He stated that workers who attempted to engage in collective negotiations were routinely fired. Moreover, dismissals were easily resorted to, due to an extremely high incidence of contract labour in Cambodia: 60-70 per cent of workers were employed on short-term contracts, rendering true freedom of association all but impossible. He offered, by way of example, the case of the River Rich Trade Union, 30 members of which were dismissed in December 2006 after joining the union and having tried to negotiate a collective agreement. As they were on short-term contracts and had received dismissal compensation, the Arbitration Council denied their reinstatement. Fierce protests by factory workers followed these unfair dismissals. The company, for its part, failed to honour the compromise reached in February 2007, refused to reinstate the trade unionists in their jobs, bribed 20 dismissed workers into withdrawing their complaints, and continued with an anti-union campaign that included threats made against the union.

He added that the police had also been involved in the company's anti-union campaign, using tear gas to disperse a press conference organised by the Coalition of Cambodian Apparel Workers Democratic Union (CAWDU), a trade union federation of which the River Rich Trade Union is a branch, and attempting to arrest CAWDU's General Secretary and other union activists. Three unionists - Phin Sophea, Check Bunsan and Pom Chimma - were now facing criminal charges for having taken part in this legitimate protest.

He maintained that the repression of trade unionists took many forms, including the blacklisting and bringing of criminal charges against union members. In the case of the Fortune Garments Trade Union, he stated that the company brought charges against the union leader for inciting workers to strike, and sued the union's executive committee for US$50,000 - the equivalent of more than nine years' wages per committee member. The repression of trade union leaders could also turn deadly, as testified to by the assassinations of the trade union leaders Hy Vuthy, Chea Vichea and Ros Sovannareth.

He remarked that the power of the Arbitration Council was severely limited and the functioning of the Labour Department severely inadequate. In spite of the efforts of some international buyers and the ILO Better Factories project, violence persisted, illustrating the weakness of the rule of law and the general climate of violence and intimidation, directed particularly at the FTUWKC, which was identified as the most representative independent trade union in the garment sector by a joint World Bank and ILO Better Factories project report.

He concluded by stressing the need for an objective investigation, conducted by an ILO expert mission, and called upon the Government to take urgent measures to ensure the full respect for workers to exercise their rights without fear of dismissal, blacklisting, violence and even murder.

The Government representative thanked the Employer and Worker members for their contributions to the debate. He maintained, however, that some of the comments made had no basis in fact.

The Worker members emphasized that the Cambodian workers did not enjoy freedom of association in law or in practice. The Government should take action to ensure that the labour laws applied to civil servants and domestic workers; it should recognize the CITA and other independent unions; it should recognize and respect the right to strike; it should establish labour courts; and, particularly, it should bring an end to the climate of intimidation and impunity. The Worker members therefore called for a direct contacts mission.

The Employer members joined the Worker members' appeal to the Government to transpose the requirements of the Convention into law and practice. Recalling that freedom of association was the basis for social dialogue, they called upon the Government to provide a full picture of the freedom of association situation in Cambodia in its next report. Finally, they seconded the Worker members' request for an ILO direct contacts mission to the country.

The Committee took note of the statement made by the Government representative, as well as the discussion that took place thereafter. The Committee recalled that the Committee of Experts had referred to comments from the International Trade Union Confederation alleging permanent harassment against the Cambodian Independent Teachers' Association (CITA), the non-recognition of the Cambodian Construction Trade Union Federation (CCTUF), the arrests and disappearance of trade union leaders, police and military violence against workers and the conviction of two innocent men for the murder of a trade union leader. The comments further referred to a number of provisions in the labour legislation contrary to the Convention.

The Committee deplored the failure on the part of the Government to provide full reports to the Committee of Experts. It expressed its deep concern at the statements made concerning the assassination of the trade unionists: Chea Vichea, Ros Sovannareth and Hy Vuthy; death threats and the emerging climate of impunity in the country. The Committee, like the Committee of Experts, recalled that the right of workers' and employers' organizations could only be exercised in a climate free from violence, pressure or threats of any kind against the leaders and members of these organizations. It called upon the Government to take the necessary measures to ensure respect for this fundamental principle and bring an end to impunity. To this end, it urged the Government to take steps immediately to ensure full and independent investigations into the murders of the abovementioned Cambodian trade union leaders so as to bring, not only the perpetrators, but also the instigators of these heinous crimes to justice. The Committee urged the Government to accept an ILO direct contacts mission in respect of these serious matters. It expressed the firm hope that it would be in a position in the near future to note that significant progress had been made in bringing both law and practice into full conformity with the Convention and requested the Government to provide a detailed report to the Committee of Experts for its examination in 2007.