Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Cambodge (Ratification: 1999)

Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee previously deeply deplored the use of various provisions of the national legislation against opposition members, human rights defenders and journalists, leading to their sentencing to imprisonment; penalty which entails compulsory prison labour pursuant to section 68 of the Act on Prisons of 2011. The Committee urged the Government to put an end to any violation of the Convention, and to review the following provisions:

• section 42 of the Act on Political Parties, as amended, according to which various offences related to the administration or management of a political party which has been dissolved, or whose activities have been suspended by a court, or whose registration has been refused, are punishable with sanctions of imprisonment for a term of up to one year;
• sections of the Penal Code: sections 437 bis and 445 relating to insult and criticism of the King, sections 494 and 495 on incitement to disturb public security by speech, writing, picture or any audiovisual communication in public or to the public, section 522 on publication of commentaries intended to unlawfully coerce judicial authorities, and section 523 on discrediting judicial decisions.

The Committee notes with regret that in its report, the Government reiterates the information previously communicated, stating that citizens are granted fundamental freedoms, which are enshrined in the Constitution, and that the legal actions taken against activists were not predicated on their exercise of human rights and social rights or their status as activists, but for having contravened specific laws, including those related to denouncement, dissemination of fake news, incitement with a view to causing civil unrest to social security, and treason. The Government also reiterates that the Labour Law prohibits forced or compulsory labour and that prison labour is primarily a process of rehabilitation and is not assigned based on political opposition, human rights advocacy or journalistic activity.

The Committee notes that, in his report of 5 August 2024, the United Nations (UN) Special Rapporteur on the situation of human rights in Cambodia indicated that dozens of political dissidents, human rights and environmental activists are still being detained, prosecuted and/or imprisoned. He adds that sections 494 and 495 of the Penal Code are regularly invoked to prosecute political opponents and human rights advocates exercising their right to freedom of speech (A/HRC/57/82). In addition, a report of the UN Secretary-General of 26 August 2024 on the “role and achievements of the Office of the UN High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights” underlined instances of arrests and convictions to prison sentences of people connected to the political opposition, environmental activists and people critical of the Government, under charges including incitement to commit a felony or disturb public security (sections 494 and 495 of the Penal Code), incitement to discriminate (section 496), treason and espionage (section 439), conspiracy with a foreign power (section 443), and lèse-majesté (insult of the King, section 437 bis) (A/HRC/57/78).The Committee also notes that, in a press release dated 4 July 2024, UN experts expressed alarm at the conviction and harsh sentencing, ranging from six to eight years’ imprisonment, of ten Cambodian environmental activists on charges of plotting and lèse-majesté.

The Committee once again deeply deplores the continued use of various provisions of the national legislation to prosecute and sentence opposition members and human rights and environmental defenders, as a result of their work, to imprisonment involving compulsory labour. The Committee once again strongly urges the Government to take all necessary measures to put an immediate end to any violation of Article 1(a) of the Convention, by bringing the national legislation and practice into line with the Convention, so as to ensure that no person expressing political views or peacefully opposing the established political, social or economic system can be sentenced to imprisonment, under the terms of which compulsory labour could be imposed. The Committee urges the Government: (i) to review the wording of section 42 of the Act on Political Parties and sections 437 bis, 445, 494, 495, 522 and 523 of the Penal Code; and (ii) to ensure the immediate release of any person sentenced to imprisonment involving compulsory labour for having, in a peaceful manner, expressed political views or views opposed to the established political, social or economic system. Please provide information on any progress made in this matter.

With regard to the Cybercrime Bill, the Government states that it has taken due note of the Committee’s comments in drafting the Bill, by organizing a number of consultations to gather input from all stakeholders with a view to ensuring balanced measures to protect the public from online fraud and hackers. It specifies that the Bill aims to ensure the integrity of the use and management of computer systems, devices and databases, and to combat cybercrime in order to protect security, public order and the rights and freedoms of all. The Committee expects the Government to ensure that the Cybercrime Bill does not contain provisions establishing penal sanctions involving compulsory labour (including imprisonment with an obligation to work) that could leave room for interpretation and thus be applied to acts through which persons express their views or oppose the established political, social or economic system. Please provide information on the progress made in the adoption of the Cybercrime Bill, as well as a copy of the text, once adopted.

Article 1(a) and (d). Punishment for participation in strikes. In its previous comments, the Committee noted the convictions for incitement to commit a felony under sections 494 and 495 of the Penal Code of nine members of the Labour Rights Supported Union (LRSU) in May 2023, with sentences of up to two years of imprisonment (involving an obligation to work), after engaging in peaceful strikes at the Naga World casino. The Committee urged the Government to ensure that no provision of the legislation is used to sentence a person who organizes or peacefully participates in a strike to a term of imprisonment, under which compulsory labour is imposed.

The Government indicates that Cambodian citizens are granted the right to strike, provided that such actions are conducted in accordance with the law and declared in line with the prescribed procedure. It reiterates that arrests have been necessary as a result of violations of security, safety and public health measures, as well as cases of incitement to violence and social unrest that jeopardize public order, security, and the rights of freedom of others. The Government adds that no trade unionist has ever been arrested or prosecuted for carrying out lawful industrial action, except for those who have committed criminal actions. It also states, referring to the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), that the right to strike is not an absolute right and that it may be subject to certain restrictions.

Regarding the convictions of the organizers of the strike linked to Naga World casino, the Government reiterates that the legal prerequisites for exercising the right to strike were not met, thus considering that they wanted to incite the violence to cause civil unrest and insecurity by using the workers and protesters as a political tool. In this regard, the Committee notes that, in its report on the “role and achievements of the Office of the UN High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights”, the UN Secretary-General stated that the convictions of the nine LRSU members handed down in May 2023 were upheld by the Court of Appeal in October 2023 and by the Supreme Court in May 2024 (A/HRC/57/78).

The Committee wishes to recall that the Convention does not prohibit the punishment of acts of violence, assault, destruction of property or offences against public order committed in the context of a strike. However, such acts shall be understood in the strict sense of the term and limited to effective and concrete threats to public order, or the use or threatened use of violence. The Committee therefore once again urges the Government to take the necessary measures to ensure that the national legislation is not applied in a manner that leads to the imposition of a penalty of imprisonment, involving compulsory labour, on persons who, without use of violence or incitement to violence, organize or participate in strikes. The Committee requests the Government to provide information on the progress made in this regard.