Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cambodia (Ratification: 1999)

The Committee notes the Government’s reply to the 2021 and 2023 observations of the International Trade Union Confederation (ITUC). It also takes note of the observations of the International Organisation of Employers (IOE) received on 30 August 2024 in which it reiterates the comments made to the Conference Committee on the Application of Standards (hereinafter the Conference Committee) in June 2024 on the application of the Convention by Cambodia. The Committee also notes the observations of the ITUC received on 17 September 2024 expressing its deep concern about the widespread anti-union climate which prevails in the country and the persistence of long-standing legal and practical obstacles to the exercise of freedom of association. The ITUC alleges that workers’ rights under the Convention continue to further deteriorate, and that the Government has failed to take action on the many issues that have been raised by the ILO supervisory bodies. The Committee notes that these observations refer to serious issues that are examined below.

Follow-up to the conclusions of the Committee on the Application of Standards (International L abour Conference, 112th Session, June 2024)

The Committee notes the discussion held in the Conference Committee at the 112th Session of the Conference (2024) and observes that, after noting the long-standing nature of this case and deeply regretting the lack of timely reporting by the Government on the application of the Convention to the Committee, the Conference Committee urged the Government to:

• take all necessary measures to prevent the arbitrary arrest, detention and prosecution of trade unionists for undertaking legitimate trade union activity;
• conclude the ongoing investigations into the murders of trade union leaders Chea Vichea and Ros Sovannareth (in 2004) and Hy Vuthy (in 2007) and expedite the investigations of all other allegations of violence perpetrated against trade unionists;
• review the list of pending cases related to the January 2014 demonstrations with the trade unions concerned;
• ensure that no criminal charges or sanctions are imposed in relation to the peaceful exercise of trade union activities and that trade unionists detained for undertaking legitimate trade union activity are immediately released;
• develop guidelines and provide regular and systematic training to all relevant public officers with a view to ensuring that legitimate trade union activity is not suppressed;
• take further appropriate measures to facilitate registration of trade unions through a simple, objective and transparent process;
• promote the effective enjoyment of the rights under the Convention by civil servants, including public sector teachers, and by domestic workers and workers in the informal economy;
• amend sections 17 and 27 of the Law on Trade Unions (LTU), so that audits to the financial statements and activity reports are only required if there are serious grounds for believing that the actions of an organization are contrary to its rules or to the law;
• amend the relevant provisions of the LTU to ensure that workers’ or employers’ organizations can only be dissolved on the basis of the procedures laid down by their statutes, or by a court ruling, and that the determination of the procedures for dissolution by members is left to the trade unions’ or employers’ associations own rules and by-laws;
• take appropriate measures to ensure that all trade unions have the right to represent their members in collective disputes in grievance proceedings at the enterprise level and the ministerial level, as well as before the Arbitration Council;
• increase efforts to make the Arbitration Council an effective and sustainable institution in handling labour disputes.

The Conference Committee also requested the Government to fully implement the road map and simplify its progress report on the implementation of the 2022 direct contacts mission’s recommendations, in full consultation with the social partners and with the support of the ILO. It also noted the willingness of the Government to cooperate with the ILO and invited it to avail itself of ILO technical assistance to effectively implement all of the Committee’s recommendations.

The Committee notes the Government’s detailed report indicating that the Ministry of Labour and Vocational Training (MLVT) has requested technical assistance and support from the ILO on the implementation of the Conference Committee’s recommendations concerning: (i) the guidelines for national police officers on how to respond to peaceful strikes and demonstrations; (ii) training for national police officers on the said guidelines; and (iii) the effective implementation of the recommendations through a tripartite mechanism. The Government indicates that it has decided to update the composition of the “National Committee on Reviewing the Application of International Labour Conventions Ratified by Cambodia” (NCRILC) so that it would become a tripartite mechanism to implement the recommendations made by the Conference Committee in 2024 and the direct contacts mission in 2022. The Government indicates that the NCRILC met on 1 August 2024 with the participation of the ILO to discuss concrete steps for an effective implementation of the said recommendations. The Committee welcomes the Government’s indications and request for ILO technical assistance, which it notes will be provided soon. The Committee urges the Government to adopt as soon as possible, in consultation with the social partners, each and every measure that it has been urged to take by the Conference Committee. The Committee expresses its firm hope that the technical assistance of the Office will contribute to progress in the adoption of specific, effective and time-bound measures, in consultation with the social partners, in order to bring the legislation and practice into conformity with the Convention with regard to the points set out below.

Trade union rights and civil liberties

Murders of trade unionists. In its previous comment, the Committee firmly urged the competent authorities to take all necessary measures to expedite the ongoing investigations into the murders of trade union leaders Chea Vichea and Ros Sovannareth (in 2004) and Hy Vuthy (in 2007) and to bring to justice the perpetrators and instigators of these crimes. The Committee notes the Government’s indication that although no suspect has yet been arrested in connection with the murder of trade union leader Chea Vichea, a progress report on a new investigation into the murder, prepared by the Phnom Penh Municipal Police Commissariat, was submitted to the Prosecutor of the Phnom Penh Municipal Court of First Instance on 5 June 2024 and is currently under consideration by the Prosecutor. The Government also reiterates that: (i) Thach Saveth was sentenced in 2019 to 15 years of imprisonment for the premeditated murder of Ros Sovannareth; and (ii) Chan Sophon, arrested in September 2013 for the murder of Hy Vuthy was released on appeal in 2014 and the other suspect, sentenced in absentia, Phal Vannak, is under arrest warrant issued by the Phnom Penh Court of First Instance. The Committee notes that in its examination of Case No. 2318, the Committee on Freedom of Association (CFA) urged the Government to take all necessary measures to expedite the process of investigation into the murders of the trade unionists and to provide a copy of the various court’s decisions as well as details of the investigations brought before the courts and which led to the convictions (see 405th Report, March 2024). In the same way as the Conference Committee and the CFA, the Committee urges the Government to conclude the ongoing investigations and bring to justice the perpetrators and instigators of the crimes. The Committee requests the Government to provide detailed information on the results of the investigations and to report on meaningful progress, including on the results of the new investigation into the murder of trade union leader Chea Vichea, which is currently under review by the Public Prosecutor.

Incidents during the January 2014 demonstrations. In its previous comment, having noted the recommendations made by the direct contacts mission in 2022, the Committee urged the Government to review with the trade unions concerned the list of pending legal procedures against trade unionists in relation to the January 2014 demonstrations and to provide detailed information on each and every case of criminal prosecution. The Committee notes that the Government indicates that: (i) the charges against the six trade union leaders who were involved in the riots were dropped by the Court of Appeals; (ii) an Inter-ministerial working group has been established to provide legal support to trade unionists involved in any pending court case; and (iii) the MLVT has sent a letter to the Cambodian Labour Confederation (CLC) requesting it to confirm whether there were any pending cases related to the incident in January 2014 and on a letter dated 26 August 2024 the CLC confirmed that there were no pending cases. The Committee notes, however, the ITUC indication that there is still a discrepancy between the list of legal proceedings kept by the trade unions and that kept by the MLVT. The Committeeurges the Government to further review with all other trade unions concerned the list of pending legal procedures against trade unionists and to provide detailed information on any cases of criminal prosecutionor persons still in prison in relation to the January 2014 demonstrations.

Violence, intimidation, arrest and imprisonment of trade unionists for carrying out peaceful industrial action. Training of police forces in relation to industrial and protest action. Having noted with deep concern the ITUC’s allegations of ongoing arrests of workers involved in a dispute with a casino operation, a matter raised before the CFA (Case No. 3424), the Committee urged the Government to ensure that all trade unionists detained for undertaking legitimate trade union activity were immediately released. The Committee also requested the Government to provide detailed information on: (i) measures taken, including through the development of guidelines, to ensure that peaceful industrial action is not repressed; (ii) progress made to ensure regular and systematic training programmes of labour inspectors, labour dispute officers, police officers, workers and employers, as recommended by the direct contacts mission; and (iii) the number of police officers trained, the duration of the training, the subjects covered and whether disciplinary consequences for the use of excessive force are also part of the training. The Committee notes the Government’s indication that: (i) except for those who committed criminal actions, no trade unionist has ever been arrested or prosecuted for their lawful industrial action; (ii) it is committed to enhancing the capacity building of the law enforcement agencies in promoting freedom of association; and (iii) the MLVT has submitted a request for technical assistance in this respect. While taking note of the Government’s indication that no trade unionist has ever been arrested or prosecuted for their lawful industrial action, the Committee notes that the ITUC expresses its deep concern regarding the continuing acts of violence against workers, the arrest of trade unionists in response to their legitimate activities, and the abusive use by the authorities of penal provisions to repress the legitimate and peaceful exercise of trade union activities. The ITUC denounces that trade unionists are systematically targeted and prosecuted on trumped-up charges that have been upheld by the Supreme Court, mentioning as examples the conviction and imprisonment of Morn Rithy, president of a trade union federation, Chhim Sithar, president of the Labor Rights Supported Union of Khmer Employees of Naga Hotel (LRSU) and another eight trade unionists of the LRSU. The Committee notes that in its latest examination of Case No. 3424, the CFA noted that Chhim Sithar was released from detention in September 2024 after having completed her two-year sentence. Regretting that Chhim Sithar was forced to serve her full sentence, despite the CFA’s repeated recommendations, the CFA expressed trust that the LRSU President will be able to freely engage in legitimate trade union activities without any threat to her basic civil liberties or trade union rights. The CFA also expressed trust that any remaining charges against LRSU members have been dropped and, should this not be the case, called on the Government to furnish detailed information on any further actions taken in this regard (408th Report, October 2024). With reference to the recommendations of the CFA in that case, the Committee urges the Government to ensure that all trade unionists detained for undertaking legitimate trade union activity are immediately released. The Committee firmly expects that the Government’s expressed commitment to enhancing the capacity building of the law enforcement agencies in promoting freedom of association as well as the technical assistance to be provided will contribute to ensuring that peaceful industrial action is not repressed. The Committee requests the Government to provide detailed information on the outcome and impact of the technical assistance provided as well as information on the progress made to ensure regular and systematic training programmes of labour inspectors, labour dispute officers, police officers, workers and employers.

Legislative issues

Article 2 of the Convention. Rights of workers and employers, without distinction whatsoever, to establish and join organizations. Civil servants and public sector teachers. In its previous comments the Committee urged the Government to take appropriate measures, in consultation with the social partners concerned, to ensure that civil servants – including public sector teachers – who are not covered by the LTU were guaranteed their rights under the Convention, and that the legislation applicable to them was amended accordingly. The Committee regrets that the Government merely reiterates that: (i) freedom of association is not only exercised through the LTU, but also through other laws such as the Law on Associations and Non-Governmental Organizations (LANGO); (ii) civil servants and public-school teachers can enjoy freedom of association pursuant to the LANGO; and (iii) these different regimes are due to the administrative system and division of authorities of the state institutions in charge of the registration of professional organizations. The Committee is bound to recall once again that some provisions in the LANGO contravene freedom of association rights of civil servants under the Convention, as the law lacks provisions recognizing civil servants’ associations’ right to draw up constitutions and rules, the right to elect representatives, the right to organize activities and formulate programmes without interference of the public authorities, and the right to affiliate to federations or confederations, including at the international level, and that the law subjects the registration of these associations to the authorization of the Ministry of Interior. The Committee notes that the ITUC recalls that trade union legislation does not apply to civil servants, including public teachers. The Committee also recalls having taken note of the deep concern expressed by workers organizations at the lack of protection of teachers’ trade union rights (referring in particular to sanctions and threats to teachers seeking to organize). Expressing its regret at the continuing absence of progress, the Committee once again urges the Government to take appropriate measures, in consultation with the social partners, to ensure that civil servants – including public sector teachers – who are not covered by the LTU are fully ensured their freedom of association rights under the Convention, and that the legislation applicable to them is amended accordingly. The Committee requests the Government to provide detailed information on steps taken in this respect.

Domestic workers. The Committee requested the Government to provide detailed information on the steps taken to promote the full and effective enjoyment of the rights under the Convention by domestic workers and workers in the informal economy. The Committee recalled that consideration of the adaptation of the legislative framework to expressly enable the formation of unions by sector or profession may facilitate the exercise of the rights under the Convention by those workers. The Committee regrets that the Government merely reiterates that there is no provision in the LTU that prohibits or restricts domestic workers as well as those working in the informal economy from forming any trade union based on their will as long as they meet the conditions specified in this law. The Government also indicates that it has adopted the National Strategy for Informal Economic Development 2023–28 aimed at promoting protection and strengthening the informal economy and accelerating its transition to the formal economy. While taking note of these indications, the Committee observes that the ITUC once again highlights that domestic workers and workers in the informal economy, and others not organized on an enterprise model, still cannot in practice form and join unions. The Committee therefore reiterates its request to the Government to provide detailed information on the steps taken to promote the full and effective enjoyment of the rights under the Convention by domestic workers and workers in the informal economy and recalls that consideration of the adaptation of the legislative framework to expressly enable the formation of unions by sector or profession may facilitate the exercise of the rights under the Convention by those workers.The Committee requests the Government to provide information on all developments in this respect.

Application in practice. Trade union registration. The Committee requested the Government to take further appropriate measures to facilitate the registration of trade unions through a simple, objective and transparent process in order to address the various practical hurdles to registration. The Committee recalls that the 2022 direct contacts mission had proposed: (i) that it would facilitate the registration process to simplify the registration forms and to ensure that clear instructions are given to Ministry officials that only the requirements that are specifically set out in the law can be requested in order to grant registration; (ii) that all discretionary authority should be eliminated (such as requests to the union to provide the employee list) and training provided, including with ILO technical assistance, to build the capacity of Ministry officials and trade unions in the understanding of expectations in this regard; and (iii) that an online database showing requests for registration, pending issues and final resolution would help the transparency of the process and demonstrate the consistency of application. The Committee notes the Government’s indication that: (i) following the promulgation of the LTU and its amendment, capacity building and training on the implementation of the LTU have been provided on an annual basis, including a course on the trade union registration procedure; (ii) training is not only provided to the officials in charge of trade union registration but also to trade union leaders at federation and confederation level; and (iii) a trade union registration database has been developed and it is on the Government’s agenda to create a digital platform for trade union registration. The Government also indicates that, as of July 2024, there are 6,396 professional organizations registered (6,062 are local worker unions, 280 federations of worker unions, 42 confederations of worker unions and 12 employer associations), which is a 79.39 per cent increase compared to the number of professional organizations before the adoption of the LTU in 2016. While taking due note of the Government’s indications, the Committee notes that the ITUC stresses that in practice workers still experience significant obstacles in the trade union registration process and that despite some progress made in the number of trade unions registered between 2016 and 2024, registering a trade union and maintaining registration are still conditioned by particularly burdensome requirements. The Committee emphasizes the need to take further appropriate measures to address the various practical hurdles to registration and encourages the Government to avail itself of ILO technical assistance in this regard, including in relation to the setting up of an online database which would help the transparency of the process and demonstrate the consistency of application.

Articles 2 and 3. Financial audit and maintenance of registration. The Committee observed that the 2019 amendments to the LTU introduced: (i) a new section 27 requiring organizations to have the financial statements audited by an independent firm if so requested by any donor or by a percentage of its members (10 per cent for local unions and five per cent for federations or confederations); and (ii) a new section 17 on maintenance of registration, requiring the audit of annual financial statements and activity reports by an independent audit firm if so requested by either any donor or by a percentage of its members (10 per cent for local unions and five per cent for federations or confederations). Observing that these provisions could subject unions to the threat of frivolous audit requests, which would entail an onerous burden to maintain registration, the Committee requested the Government, in consultation with the social partners concerned, to revise the said sections of the LTU, so that audits to the financial statements and activity reports are only required if there are serious grounds for believing that the actions of an organization are contrary to its rules or to the law. The Committee notes that the Government indicates that: (i) the LTU and its amendment are the outcomes of a comprehensive tripartite consultative process under the technical support from the ILO; and (ii) financial reports are not submitted to the MLVT; the development of financial reports is only for the members and donors and is usually done as part of their accountability. While taking note of the Government’s indications, the Committee notes that the ITUC stresses that the financial auditing obligations can constitute disproportionate obstacles to the exercise of freedom of association. The Committee also observes that failure to comply with the requirements of new section 17 renders the trade union liable to revocation of registration upon the filing of a lawsuit by the MLVT to the Labour Court under section 18 of the LTU. The Committee therefore reiterates its request to the Government to revise, in consultation with the social partners concerned, the said sections of the LTU so that audits to the financial statements and activity reports are only required if there are serious grounds for believing that the actions of an organization are contrary to its rules or to the law.

Article 3. Right to elect representatives freely. Requirements for leaders, managers, and those responsible for the administration of unions and of employer associations. The Committee and the Conference Committee (2021) requested the Government to take the necessary measures to amend sections 20, 21 and 38 of the LTU to remove the requirement to read and to write Khmer from the eligibility criteria of foreigners. The Committee regrets that the Government reiterates that the LTU was amended through tripartite consensus and that the requirement is not incompatible with the Convention. The Committee observes that no further information has been provided on the consultations. Recalling once again that the legal imposition of literacy requirements for the eligibility of representatives is incompatible with the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 104), the Committee reiterates its request to the Government to take the necessary measures to remove the requirement to read and to write Khmer from sections 20, 21 and 38 of the LTU.

The right of workers’ organizations to organize their activities and formulate their programmes. In its previous comments, the Committee referred to the need to amend section 326(1) of the Labour Law whereby, in the absence of agreement between the parties on the minimum service in an enterprise for the protection of the facility installations and equipment where a strike is taking place, the MLVT is empowered to determine the minimum service in question. The Committee also requested the Government to provide information on the application in practice of section 326(2) of the Labour Law, in particular any example of the sanctions imposed on workers for serious misconduct. The Committee notes that the Government reiterates that an agreement should be reached between the employers and the workers on required minimum services prior to going on strike and that if it is not the case, it then falls on the MLVT to set the required minimum services. The Government also indicates that no sanctions of serious misconduct have ever been imposed unless the strike is declared illegal by the Court and the strikers do not resume working within 48 hours as ordered by the Court. The Government indicates that ILO technical assistance is necessary to establish the regulation concerning the required minimum services. The Committee reiterates the need to amend section 326(1) and strongly encourages the Government to avail itself of the technical assistance of the Office in this regard.

The Committee notes that the ITUC continues to denounce, as common practices, the replacement of workers and the granting of injunctions to preclude industrial action, even when all the procedures had been followed by the unions. The Committee recalls once again the conclusions of the direct contacts mission concerning the need to clarify the role of the Committee on Strike and Demonstration in labour dispute resolution and ensure that it does not restrict the legitimate right of workers’ organizations to engage in industrial action in defence of their members’ interests. The Committee notes the Government’s indication that the Committee on Strike and Demonstration ensures an effective implementation of the relevant laws and regulations. The Government also indicates that ILO technical assistance is welcomed in this regard. The Committee reiterates its request that the Government hold a comprehensive tripartite dialogue on the issues raised concerning the legality of the exercise of industrial action, with a view to reviewing existing regulations and their application in practice and undertaking any necessary measures to guarantee the lawful and peaceful exercise of the right to strike, and encourages the Government to avail itself of the technical assistance of the Office in this regard.

Article 4. Dissolution of representative organizations. The Committee requested the Government to take the necessary measures to amend section 28 of the LTU by repealing section 28(2), which provides that a union is automatically dissolved in the event of a complete closure of the enterprise or establishment, and to ensure that workers’ or employers’ organizations should only be dissolved on the basis of the procedures laid down by their statutes, or by a court ruling. The Committee regrets that the Government reiterates that the amendment was made to ensure the interests of workers and trade unions when the enterprise is closed down, that the amendment was thus welcomed by the unions, and that as local unions are legally attached to the existing enterprise where they are formed, when that enterprise no longer legally exists the local union should no longer exist either. The Committee is bound to recall once again that, while the payment of wages and other benefits may be one reason why a union may have a legitimate interest to continue to operate after the dissolution of the enterprise concerned, there may be additional legitimate reasons for it to do so (such as defending other legitimate claims, including against any legal successors of the former company). Recalling that the dissolution of a workers’ or employers’ organization should only be decided under the procedures laid down by their statutes, or by a court ruling, the Committee reiterates its request to the Government to take the necessary measures to amend section 28 of the LTU accordingly by fully removing its paragraph 2.

Grounds to request dissolution by the Court. The Committee has been requesting the Government to take the necessary measures to amend section 29 of the LTU, which affords any party concerned or 50 per cent of the total of members of the union or the employer association the right to file a complaint to the Labour Court to request a dissolution. Observing that the 2019 amendments to the LTU did not modify the provision in question and noting that members can always decide to leave the union, the Committee recalled that the manner in which members may request dissolution should be left to the organization’s by-laws. The Committee notes the Government’s indication that under new section 29 of the LTU, the court may dissolve a trade union on the two following grounds: if the formation or nature of activities of the professional organization contravenes the law or the objective of the professional organization as stipulated in its statute, or if a worker trade union is no longer independent from the employer and is unable to restore its independence. Recalling once again that the manner in which members may request dissolution should be left to the organization’s by-laws, the Committee reiterates its request to the Government to take the necessary measures to amend section 29 of the LTU so as to leave to the unions’ or employers’ associations own rules and by-laws the determination of the procedures for their dissolution by their members.

Noting that the Government has requested technical assistance for the effective implementation of the recommendations through a tripartite mechanism, the Committee trusts that this assistance will be provided shortly to bolster inclusive tripartite dialogue in relation to all the above matters and requests to be kept informed of developments.

Practical application

Independent adjudication mechanisms. In its previous comments, the Committee took note of the ITUC’s concerns regarding the functioning of independent adjudication mechanisms, such as the Arbitration Council (AC) and referred to the refusal of the MLVT to allow upper-level trade unions to represent or provide support to their members in collective disputes. The Committee also noted from the conclusions of the direct contacts mission that there were several complaints regarding the classification of disputes before the AC, such as the classification of termination of a trade union officer as an individual dispute, preventing that specific allegation from being heard. Emphasizing the importance of the independence of adjudication mechanisms, the Committee requested the Government to provide detailed information on any evolution in the functioning of the AC, and to include statistics on the number and nature of disputes brought before it and the extent of compliance with non-binding AC awards, as well as on any court rulings to ensure that the AC awards, when binding, are duly enforced. The Committee notes that the Government indicates that: (i) it is committed to supporting the institutionalization of AC as a more credible, transparent, and financially sustainable tripartite mechanism for labour dispute settlement; (ii) a series of tripartite workshops have been organized to review the functioning and readiness of the AC to consider individual disputes in the near future; (iii) the MLVT has had several meetings with the AC Foundation and other stakeholders regarding the provision of new locations, the strengthening of the capacity of arbitrators, and the contribution to support the operation of the institution; and (iv) from 2019 to July 2024, 314 collective labour disputes were referred to the AC: 255 cases were represented by the minority trade unions; 38 cases were represented by the bargaining council, a committee formed by workers to represent them in the dispute, and 21 cases were represented by the most representative trade unions. The Government also indicates that the Labour Law, as amended in 2021, has empowered the Labour Inspector as a judicial police officer tasked with examining offences to ensure the enforcement of the Labour Law, including the binding arbitral awards. Taking note of the commitment to strengthening the AC, the Committee requests the Government to ensure that any evolution in the functioning of the AC takes place only after full and meaningful consultations with all parties and stakeholders.The Committee also requests the Government to provide information on the impact of the Labour Law as amended. The Committee recalls in this regard the strong recommendation of the direct contacts mission that urgent action be taken to recruit and train new arbitrators and that union confederations and federations be able to represent their members without requiring prior approval from the MLVT. The Committee once again requests the Government to provide detailed information on any evolution in the functioning of the AC, and to include statistics on the number and nature of disputes brought before it and the extent of compliance with non-binding AC awards, as well as on any court rulings to ensure that the AC awards, when binding, are duly enforced.