Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cambodia (Ratification: 1999)

Scope of application. With regard to the categories of workers excluded from coverage of the Labour Law of 1997 (judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic and household workers), the Government points to the law on the Common Statute of Civil Servants, the Constitution of Cambodia and the Military Conscription Law. The Committee recalls that general constitutional provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation. In addition, article 31 of the Cambodia Constitution limits protection against discrimination to Khmer citizens. The Committee also notes that neither the Common Statute of Civil Servants nor the Military Conscription Law appear to contain a specific non-discrimination provision. The Committee therefore asks the Government to indicate how the categories of workers excluded from the Labour Law are protected against discrimination in employment and occupation on the grounds set out in the Convention, and to provide copies of the Military Conscription Law as well as other relevant laws or regulations covering the abovementioned workers.

Sexual harassment. The Committee notes from the Government’s report that some initiatives have been taken to reduce discrimination and abuse against beer promoters, promote their working conditions, and to address sexual harassment in spa services. The Committee asks the Government to provide information on any additional measures taken to prevent and address sexual harassment in the workplace, including raising awareness of workers, employers and labour inspectors. The Committee once again encourages the Government to include more explicitly in the terms of reference for labour inspectors, the issue of sexual harassment, and to provide information on any measures taken in this regard.

Equal access of women to employment and occupations. Referring to the information contained in the Labour Force 2007 report of the National Institute of Statistics (NIS), the Committee notes that the difference in the labour force participation between women and men was about 11 percentage points (70 per cent for women and 81 per cent for men). It notes, furthermore, that no women were employed in the occupational group of “legislators, senior officials, managers”. With regard to employment, the Committee also notes that the Ministry of Labour and Vocational Training (MOLVT) has developed a Gender Mainstreaming Action Plan in the Labour and Vocational Training Sectors
(2008–10) to ensure that men and women benefit equally from labour policies. A Five-year Strategic Plan (2006–10) focusing in particular on job creation and improving working conditions has also been adopted. The Committee asks the Government to provide a copy of the Gender Mainstreaming Action Plan (2008–10), and the Five-year Strategic Plan (2006–10), and to provide information on the following:

(i)    the results achieved in the implementation of the Action Plan and the Five-year Strategic Plan with respect to promoting equality of opportunity and treatment in employment and occupation, and encouraging women’s participation in a wider range of vocational training courses, especially those leading to employment with opportunities for advancement and promotion;

(ii)   measures that have been taken or envisaged to increase women’s access to a wider range of occupations, including those at senior levels and in jobs traditionally dominated by men;

(iii)  updated statistics on the distribution of women and men in the various occupations in the public and private sectors, and in the various vocational training courses.

Equal access of women to education. The Committee notes from the 2007 NIS report that 68 per cent of women and 53 per cent of men in the labour force have not completed primary school; and that 12 per cent of women obtained a secondary or higher degree compared to 20 per cent of men. The Committee also notes from the periodic report submitted to the United Nations Committee on the Elimination of Racial Discrimination (CERD) that the total number of students in primary school amounts to 2,461,065, only 161,958 of whom are girls (CERD/C/KHM/8‑13, 15 June 2009, paragraph 145). In upper secondary schools, there are 9,706 girls out of 257,328 students (paragraph 148). Furthermore, the Committee notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) noting with serious concern that “despite legislative and other measures of the State party to eliminate discrimination against women, gender stereotyping persists in Cambodian society, including practices attributed to tradition such as those contained in the Chbap Srey (didactic code) which is still part of primary education curriculum and which legitimizes the inferior role of women” (E/C.12/KHM/CO/1, 12 June 2009, paragraph 18). The Committee asks the Government to indicate the measures taken or envisaged to ensure equal access of women and girls to education, in particular at primary and secondary school levels, as well as higher levels. It also requests the Government to indicate any steps taken in education to address prevailing attitudes and practices perpetuating the inferior role of women, as such stereotypes impair women’s subsequent employment opportunities.

Discriminatory recruitment practices. The Committee notes the Government’s statement that some advertisements may be aimed at recruiting only men or women. The Committee recalls that advertisements calling for only men or only women to apply are discriminatory, unless being a man or a woman is an inherent requirement of the particular job (Article 1(2) of the Convention), which must be interpreted strictly in order to avoid undue limitation of the protection provided under the Convention. The Committee requests the Government to take measures to address discriminatory recruitment practices, including discriminatory job advertisements calling for only men or women to apply, and to provide information in this regard.

Access to credit in agriculture. The Committee notes from the Government’s report that an Agriculture Support and Development Fund has been created and that short-term credit with low interest rates was provided to farmers in order to increase agricultural productivity. The Committee asks the Government to indicate how it is ensured that women have equal access to credit in agriculture.

Discrimination on the basis of race, colour and national extraction (indigenous peoples). The Committee refers to its previous comments concerning the measures taken to address discrimination of indigenous peoples, including implementation of the 2001 Land Law. It notes that in April 2009 important new policies and pieces of legislation were adopted, namely the Sub‑decree on procedures to register indigenous communal land, the policy on registration of and right to use indigenous communal land and the policy on indigenous peoples’ development. The Committee recalls that access to land and natural resources is essential for indigenous peoples to engage in their traditional occupations and notes that whereas progress is being made in recognizing indigenous peoples’ rights in this domain, including through the adoption of the abovementioned instruments and efforts made to scale up the implementation of the Land Law, serious challenges persist. In this regard, the Committee notes the concerns expressed by the CERD in its concluding observations about reports of “rapid granting of concessions on land traditionally occupied by indigenous peoples” (CERD/C/KHM/CO/8-13, 1 April 2010, paragraph 16) which would prevent indigenous peoples from freely engaging in their traditional occupations, among other things. The Committee requests the Government to provide information on the following:

(i)    the measures taken under the abovementioned policies to ensure that indigenous peoples can engage in their traditional occupations if they so choose, including shifting cultivation, and have access without discrimination to the material goods and services necessary to carry out these occupations, including land and resources;

(ii)   the progress made in the implementation of the Land Law of 2001 and the Sub-decree on procedures to register indigenous communal land; and

(iii)  the measures taken to protect indigenous peoples’ land rights pending the registration of collective title under the Land Law and the Sub-decree.

Access to education irrespective of race, colour and national extraction. The Committee notes from the concluding observations of CERD, that the Government is considering bilingual education programmes, such as “Education for All”, to improve access to education for ethnic minorities and indigenous peoples in remote areas (CERD/C/KHM/CO/8-13, 1 April 2010, paragraph 20). It also notes that the Education Strategic Plan (2006–10) aims to address the particular educational needs and circumstances of Cambodians whose first language is not Khmer and that the Government’s National Policy on the Development of Indigenous Peoples aims at creating appropriate educational opportunities in particular for indigenous peoples. The Committee requests the Government to provide information on the Education for All programme, the Education Strategic Plan (2006–10), and the National Policy on the Development of Indigenous Peoples. Please indicate how these initiatives are implemented in practice to improve access of ethnic minorities and indigenous peoples to employment and occupation.

Article 5(2). Special measures to promote equality. The Committee recalls its previous comments on section 11(6) of the Law on the Common Statute of Civil Servants (1994) noting that candidates belonging to ethnic minorities, coming from remote regions, and women may benefit from facilities and prioritized measures of recruitment. The Committee also noted that guidelines had been issued by the State Secretariat of Civil Service in 2008 “instructing all government agencies to apply temporary special measures targeting between 20 to 50 per cent for women among all new recruits”. The Committee notes further that the 2006–10 Strategic Plan of the Ministry of Labour and Vocational Training provides special services for persons with special needs such as youth and persons with disabilities in particular among minority groups. The Committee requests the Government to provide information on the practical application of section 11(6) of the Law on the Common Statute of Civil Servants and the Guidelines issued by the State Secretariat of the Civil Service, and their impact on promoting equality for ethnic minorities and women in the civil service. Please also indicate with respect to employment and occupation, what kind of special services are being offered under the strategic plan to youth and persons with disabilities, in particular those who belong to ethnic minorities.

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that the inspection activities of the labour inspectorate did not reveal any discrimination cases; and that there have been no judicial or administrative decisions dealing with equality of opportunity and treatment in employment and occupation. While noting the Government’s willingness to continue to give attention to this issue and to conduct tripartite workshops on working conditions and non-discrimination, the Committee recalls that the absence of discrimination cases could indicate the lack of effective procedures for bringing a claim, or lack of awareness of the principles of the Convention. The Committee requests the Government to provide information on the following:

(i)    any measures, including tripartite workshops, taken to raise awareness of workers and employers and their organizations of the principles of the Convention, and of available avenues of dispute resolution;

(ii)   any training that has been undertaken or envisaged to increase the capacity of labour inspectors and others responsible for the application of the law to address specifically the issue of discrimination in employment and occupation; and

(iii)  updated information on the number, nature and outcome of employment discrimination cases that have been dealt with by the competent authorities, including any sanctions imposed and remedies provided.