Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2015, which are of a general nature. The Committee further notes the observations made by the International Trade Union Confederation (ITUC) received on 1 September 2015, which refer in particular to violence against trade unionists during strike action or during May Day rally, harassing lawsuits against trade union leaders and a recurrent blockage on registration of new independent unions. In its observations, the ITUC also comments on the draft Trade Union Law. The Committee further notes the observations made by Education International (EI) and its affiliate, the National Educators’ Association for Development (NEAD), in a communication received on 28 September 2015 referring to police intimidation during the national Congress of the NEAD in September 2014. The Committee requests the Government to provide its comments on the observations submitted by the ITUC, EI and the NEAD.

The Committee also notes the observations of the Cambodia Independent Teachers’ Association (CITA) received on 4 August 2015, raising concern about the newly adopted Law on Associations and Non-Governmental Organizations. The Committee expresses its particular concern at a number of provisions in this law which would appear to violate the fundamental rights of teachers under the Convention. The Committee urges the Government to provide detailed information on the measures taken or envisaged to ensure that teachers and civil servants, who are not covered by the general trade union legislation, are fully ensured their rights under the Convention.

The Committee takes note of the comments of the Government in reply to the previous observations from the ITUC, EI and the NEAD with regard to arrest and detention of workers involved in demonstrations, impediments to the registration of new independent trade unions, and intimidation against teachers joining trade unions. The Committee observes that the Government objects to most of the allegations and issues raised. In view of the divergent information provided by the workers’ organizations and the Government, the Committee is bound to recall that freedom of association can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of workers’ and employers’ organizations, and it is for the Government to ensure that this principle is respected.

Murders of trade unionists. In its previous observation, the Committee had urged the Government to ensure that thorough and independent investigations into the murders of trade union leaders Chea Vichea, Ros Sovannareth and Hy Vuthy were carried out expeditiously. In relation to the murder of Ros Sovannareth, the Government reiterates that this case had already been concluded following the arrest and sentencing of Thach Saveth, also known as Chan Sopheak. He was sentenced to 15 years of imprisonment on 15 February 2005 for premeditated murder and is currently serving his term in prison. In this regard, the Committee notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2318 recalling that Thach Saveth was convicted of the murder of Ros Sovannareth in trials that were fraught with judicial irregularities and an absence of due process, and requesting the Government to investigate and indicate whether Thach Saveth was effectively given the opportunity to appeal against the court ruling and, if so, whether he had exercised his right to appeal (see 376th Report, paragraph 218). The Committee notes the Government’s indication that a special Inter-ministerial Committee was established in August 2015 to ensure thorough and expeditious investigations of these criminal cases. The Committee once again requests the Government to ensure full and expeditious investigations into the murders of the abovementioned trade union leaders and to bring, not only the perpetrators, but also the instigators of these heinous crimes, to justice so as to bring to an end the prevailing situation of impunity, and hopes that it will soon be able to report progress in this regard. The Committee requests the Government to ensure that the Special Inter-ministerial Committee keeps the national employers’ and workers’ organizations 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.

Trade union rights and civil liberties. In its previous observation, the Committee urged the Government to investigate into the events of 2–3 January 2014 where strikes and demonstrations in the context of minimum wage fixing resulted in serious violence and assaults, death, and arrests of workers as well as alleged procedural irregularities in their trial. In its report, the Government reiterates that the strike action turned violent and that the security forces had to intervene in order to protect private and public properties, and to restore peace. The Government indicates that three committees had been set up following the incidents: the damages evaluation committee, the Veng Sreng road violence fact-finding committee and the minimum wages for workers in apparel and footwear sector study committee. The Committee requests the Government to provide information on any conclusions and recommendations reached by these committees as regards the incidents of January 2014, as well as any follow-up measures.

Further to its previous comments, while taking due note of the details provided on the duties and mission of the strike–demonstration settlement committee, the Committee requests the Government to report on its work.

Independence of the judiciary. In its previous observation, the Committee requested the Government to indicate any capacity building or other measures undertaken in relation to the newly adopted laws on the status of judges and prosecutors and on the organization and functioning of the courts. The Government provides information on the organization of a national training workshop in December 2014 attended by over 500 persons representing all relevant stakeholders, as well as regular training for the officials of the provincial/municipal courts conducted through the Technical Committee on the Legal and Judicial Reform and by the General Directorate of Court Administration. The Government further explains that labour disputes would be settled by a Specialized Labour Court at the Court of first instance and Chambers of Labour at the higher courts (Court of Appeal and Supreme Court). The Government concludes by identifying the need to develop a guideline on the operation of the Labour Court and the Labour Chamber. The Committee requests the Government to indicate any progress on the drafting of the guideline on the operation of the Labour Court and the Labour Chamber, and to provide information on the progress made in their establishment and operation. The Committee recalls once again the urgent need to ensure the effectiveness of the judicial system as a safeguard against impunity, and an effective means to protect workers’ rights during labour disputes.

Draft Trade Union Law. In its previous observation, while noting the indication that the draft Trade Union Law was expected to be adopted by early 2015, the Committee urged the Government to expedite the adoption of legislative amendments that take into account all its comments ensuring the rights under the Convention to all workers, whether through the Trade Union Law or other relevant legislative measures. In this regard, the Committee notes that the Government reiterates its commitment to ensure a thorough and inclusive process, and the Committee welcomes the Government’s engagement with the ILO throughout the drafting process. The Committee observes that the ITUC provided comments on a 2014 version of the draft Law, raising concerns on a number of provisions. Observing that the Government has further revised the draft Law and has submitted it to the Council of Ministers, the Committee trusts that the draft Trade Union Law will be adopted in the very near future and will be in full conformity with the provisions of the Convention. The Committee requests the Government to indicate progress in this regard and to provide a copy of the Trade Union Law as soon as it is adopted.

The Committee is raising other matters in a request addressed directly to the Government.