Individual Case (CAS) - Discussion: 2016, Publication: 105th ILC session (2016)

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



The Government representative stated that Cambodia fully respected the right to strike but that violent actions during strikes were prohibited. He pointed out that the right to strike provided under the Convention was subject to domestic law. According to article 37 of the Constitution, “the right to strike and to non-violent demonstration shall be implemented in the framework of law”. While exercising their right to strike, workers should respect the right to strike procedure as provided for by the domestic laws. The exercise of the right to strike should not cause any harm to the public order of the country. He affirmed that no worker who had not committed criminal acts, such as destroying public or private property or causing bodily injury to others had been arrested. The number of registrations of newly established trade unions kept increasing every year. In 2015, the Ministry had registered 237 new enterprise-based trade unions. As of today, 16 union confederations; 100 union federations; 3,434 enterprise-level unions; and eight associations of employers had been registered. The Ministry of Education, Youth and Sports organized annual, quarterly and monthly meetings with teachers’ representatives. As of 2014, 121 non-governmental organizations (NGOs) and associations had signed the Memorandum of Understanding for collaboration with the Ministry. Teachers were not prohibited from joining a strike or demonstration so long as the exercise of this freedom complied with national procedures, such as the requirement for the provision of minimum services, which was in line with the principles of international labour standards. Teachers and civil servants were free to form associations of their own choosing under the Law on Association and Non-Governmental Organizations (LANGO) which aimed at ensuring the protection of the right and freedom of every citizen to form associations and NGOs for the protection of their legal interests and public interests. This freedom was also guaranteed under section 36 of the Law on Common Statute of Civil Servants and section 37 of the 2007 Law on Education.

Referring to the murders of the trade union leaders, the speaker indicated that the Special Inter-ministerial Committee established for the investigation of these cases was diligently working, with strong commitment to bringing the real perpetrators to justice. Considering the crucial nature of the case, it was necessary to allow adequate time for the investigation process in order to ensure a fair and just conclusion. He hoped that the Committee and all stakeholders would recognize the Government’s commitment in this regard.

The speaker regretted the incident that took place in early January 2014. However, he clarified that this incident was a riot, which had been instigated by some politicians who had used minimum wages as propaganda, and did not fall under the definition of a strike, as provided by international labour standards. The demonstrators had blocked public streets at midnight, thrown burning bottles of gasoline and destroyed private and public properties, with damages estimated at around US$75 million. The Government had had to take action to restore peace and stability. He stated that a detailed report on this matter would be submitted to the Committee of Experts by September 2016.

A specialized labour court, in accordance with the provisions of the 2014 Law on the Organization of Courts, was being developed and would be operational in the near future. The Government, with the technical assistance of the ILO, was working on the draft Law on Labour Procedure of the Labour Courts. The tripartite consultation on this draft would take place by the end of 2016. The new Trade Union Law was intended to protect the rights and interests of workers and employers, guaranteeing the right to collective bargaining between workers and employers, improving industrial relations, and ensuring employment and national development. The entire drafting process had taken almost ten years and a long series of bipartite, tripartite, multilateral and public consultations had been conducted during this period.

A review of the implementation of this new law was also included in the Government’s agenda to address any issues uncovered during its implementation. He expressed the Government’s commitment to ensuring freedom of association through the implementation of all legislation and requested strong collaboration of the social partners in this regard.

The Employer members noted that this case had been examined six times by the Committee, the last time in 2014; that the Committee of Experts had made observations in this regard every year since 2007; and that the case had also been examined by the Committee on Freedom of Association. This case identified the need to look at the manner in which the Committee received and processed information. Until recently, this case had focused on a list of issues as opposed to focusing on the observed breaches of the Convention and evidence of progress, or lack thereof, on the part of the Government. The report of the Committee of Experts had observed the divergent information provided by workers’ organizations and the Government regarding a number of issues and had recalled the necessity of a climate free from violence, pressure or threats to the exercise of freedom of association. These divergences made it difficult for the Committee to make concrete conclusions and, unless these divergences were reconciled with Cambodia’s obligations under the Convention, the Committee would simply continue to request more information, which should be avoided. The citation by the Committee of Experts of the conclusions of the Committee on Freedom of Association regarding the trials held following the murder of a trade unionist some time ago illustrated the need to focus on conformity with Conventions and accountability for their implementation. The Employer members, while emphasizing that they did not condone violence of any nature towards workers, unions or employers, wondered how the concerns of the Committee on Freedom of Association regarding the criminal process that applied to someone convicted of murdering a trade unionist were relevant to the consideration by the Committee of matters of freedom of association.

With regard to the freedom of association matters which had been the subject of earlier recommendations, they noted that the Committee had previously been informed that the Government had set up three committees to investigate a number of acts of violence during strike actions in 2014 over minimum wages, among other issues. The Employer members noted the Government’s indication that it would provide the conclusions of these committees, which were still unknown, by the end of 2016. They also noted that progress had been made in addressing the concerns on the fragmented and disaggregated resources of the judicial process, including the availability of trained adjudicators. The Government had been providing training to adjudicators and had set up specialized labour units within the various levels of the judiciary, which should provide the specialized focus and experience necessary for labour issues to be expeditiously and effectively resolved. However, this was a work in progress. The new Trade Union Law existed against a background of complaints about poor treatment and harassment of trade unionists, apparent restrictions placed upon the establishment of new unions and in the context of the significant increase of new trade unions in the country in recent years. Both of these issues clearly needed to be managed. They noted that the Trade Union Law dealt in large part with the issues over which concern had been expressed and called upon the Government to fully implement the Law as soon as possible, in addition to providing a copy to the Committee of Experts. Unless evidence of non-compliance with the Convention could be uncovered, in which case such issues could be submitted to the Government for response, they deemed that the Committee should consider this particular issue as resolved.

Concerned about the restrictions that the Government had sought to place upon the engagement of union officials, specifically the literacy requirement which seemed to constitute a form of prior authorization contrary to Article 2 of the Convention, the Employer members urged the Government to review this and any other potential anomalies before it sought to give full effect to the Law. Noting that the Committee of Experts had requested information on any progress regarding the drafting of the guidelines on the operation of the Labour Court and the Labour Chamber, they suggested that the Government provide a brief report to enable any potential inquiries into the implementation of its various facets. Considering the journey of Cambodia to democracy, the steps it had recently taken were very significant, namely the introduction of a specialized labour court and the Trade Union Law, and it was therefore possible to consider Cambodia as a case of progress despite it not being characterized as such. The ILO had recently held consultations in the country regarding labour courts and the related institutions and a process of consultation with the social partners had also begun. The Employer members considered that a reasonable time period should be given to Cambodia before it was asked to report in detail on the progress made with regard to the Committee’s recommendations, which did not preclude raising issues of breach of the principles of freedom of association. They recommended that the Government be requested to provide a brief update on: (i) its activities with regard to the three investigative committees, as promised by the Government for December 2016; (ii) the establishment, resourcing and training of the labour court, while taking note of the active work done and the assistance of the ILO in that regard; and (iii) the implementation of the new Trade Union Law, taking into account the Committee’s remarks in this regard.

The Worker members regretted that, despite repeated calls from the ILO, the Office of the United Nations High Commissioner for Human Rights, trade unions, leading clothing brands and civil society organizations, the Government had decided to adopt a thoroughly regressive law that violated the Convention in many respects. Like the LANGO, which was extremely restrictive and likely to be applied to trade unions in the informal sector that were not recognized under labour legislation, the new law reflected an increasing hostility towards trade unions and civil society. The numerous violations of freedom of association went unpunished. In May 2016, a joint statement of three United Nations Special Rapporteurs had stated: “We are … troubled by the actions taken by Cambodian authorities to deter and disperse peaceful demonstrations and arrest individuals protesting what they see as the Government’s mounting persecution of civil society and unjustified restrictions of fundamental freedoms in the country”. Major reforms were therefore necessary.

The Worker members recalled that the trade unions had been consulted only once during the lengthy drafting process of the Trade Union Law, and that their opinions had not been taken into consideration. He also recalled the criticism that had been raised that the Law would be used to suppress the country’s independent trade union movement, just as it was taking action to obtain pay raises and better working conditions. On frequent occasions, the ILO had drawn the Government’s attention to a number of concerns and shortcomings, and the United Nations Special Rapporteur for Cambodia had drawn attention to several provisions that actually violated Cambodia’s Constitution. The Worker members noted in particular: (i) section 3 of the Trade Union Law which excluded a number of categories of workers from its scope, including public servants, teachers, informal workers and domestic workers; (ii) section 14 which prohibited trade unions from concluding legal agreements before they were registered; (iii) section 17 which required trade unions to provide the Government with an excessive amount of information on their finances and activities, or face having their registration cancelled; (iv) section 20 which required trade unions to meet illegal criteria relating to age and literacy and subjected them to extensive criminal background checks that could disqualify persons who had participated in legitimate trade union activities; and (v) section 29 on requests for the dissolution of a trade union which did not specify who could make such a request. The penalties to which employers were liable under the Law were too lenient to be dissuasive. They called on the Government to rectify the situation in order to bring the Law in line with the Conventions of the ILO.

With regard to the violence used against demonstrators in January 2014, which had resulted in five deaths and dozens of people being seriously injured and being arrested without warrant, the Worker members deplored the fact that no sanction had been imposed and called for an independent and credible inquiry into the incidents. They supported the Committee of Experts’ request that the Government make public the findings and conclusions of the inquiry. Citing specific examples, they said that the criminalization of trade union activities dissuaded unions from freely organizing actions. As to the illegal resort to fixed-term contracts that was common practice in certain sectors, the Committee on Freedom of Association had recalled “that fixed-term contracts should not be used deliberately for anti-union purposes” and that “in certain circumstances, the employment of workers through repeated renewals of fixed-term contracts for several years can be an obstacle to the exercise of trade union rights”. Yet, that was precisely the kind of contract which was used in the clothing industry. Despite the Arbitration Council’s ruling that the law must be upheld, this was not the case and the Government had attempted to undermine the Council on several occasions.

The Worker members gave the example of a transport company’s violation of freedom of association which they believed clearly showed the gross absence of workers’ rights in Cambodia. Two union leaders had been arrested for organizing a peaceful demonstration calling for the recognition of a trade union and compliance with arbitration rulings. Criminal charges had even been brought against union leaders who had not been at the demonstration, while the management of the enterprise refused to implement the decisions of the Arbitration Council. That kind of behaviour needed to cease, and the Government was urged to put a stop to the repression and to respect freedom of association.

The Employer member of Cambodia stated that he was pleased that the Trade Union Law, which was in line with international labour standards, had been adopted after significant formal tripartite consultations. He considered that the procedure for the establishment of the specialized Labour Court, which was carried out with the support of the ILO and following tripartite consultations, would take significant time and requested that sufficient time be given to pursue these processes. The speaker highlighted the challenges which existed with the Cambodian union movement in enabling a healthy and respectful industrial relations environment, such as: (i) the existence of a fragmented union movement that was not representative that led to infighting and illegal behaviours among unions (this created great conflict within enterprises in particular because unions were representing personal agendas rather than workers); (ii) outside interference of unions in enterprises where they were not represented (outsourcing interference often resulted in intimidation and interference, disruption of the workplace, and the exploitation and threatening of workers); (iii) minority unions exploited the law for personal gain precisely because they were not representing the interests of workers; and (iv) the inability to use collective bargaining agreements effectively and to realize their benefits for workers, employers and industry. Referring to the comments made by the Committee of Experts in 2015, he stated that the unions also had the responsibility to ensure that freedom of association was exercised in a climate that was free from violence, pressure or threats of any kind. Unions should exercise their rights within the laws of the country and should be held accountable, if their actions were illegal. The minimum wage negotiations of 2014 had been turned into political demonstrations that ended in violence. Employers did not support violence of any kind, and those who had committed crimes needed to be held accountable, regardless of whether or not they were an employer or worker. The protection of freedom of association for civil servants and teachers was stipulated under section 36 of the Law on Common Statutes of Civil Servants and section 37 of the Law on Education. He hoped that the Government would continue to report to the Committee on progress made and urged it to do so through the inter-ministerial committee responsible for reporting on ILO matters.

The Worker member of Cambodia recalled that Cambodia had ratified 13 ILO Conventions and that Convention No. 87 had been ratified in 1999. Although many laws were in force, which ensured trade unions’ rights, law enforcement was still challenging. Independent trade unions still faced serious problems including murder, arrests, detention, union discrimination and interference in their activities. He recalled the murder in 2004 of Chea Vichea, Ros Sovanareth and Hy Vuthy, three trade union leaders. Since then, murders still occurred, as five workers had been killed in 2013. He also mentioned various cases in which trade union leaders had been injured, prosecuted, imprisoned or dismissed without reinstatement or compensation. Legal justice was rarely found in cases of discrimination of independent union leaders and members. The Law on the Organization of the Courts had been adopted in 2014 without consultation with unions. The drafting process of the Law on the Labour Procedure of the Labour Court was taking place. The Government was encouraged to start consultation with the unions with regard to this law. Regarding unfair dismissals of trade unionists, 80 per cent of workers were employed under fixed-term contracts which were used by the employers to easily terminate workers if they joined independent unions. Women workers were easily dismissed if pregnant. The speaker also recalled that in some cases, political parties and companies interfered with the activities of trade unions, and that these unions could therefore not be regarded as independent and autonomous, in violation of Article 3(2) of the Convention. Moreover, the Trade Union Act adopted in May 2016 was still very restrictive for trade unions: the quorum required for voting for a strike was 50 per cent plus one of the total members. Trade unions were also required to send financial reports to the Ministry of Labour. Also, the concerned parties had the right to audit trade unions’ finances and dissolve unions. The Government was urged to take the necessary measures to: (i) ensure that trade unions were free from the threat of murder, violence and interference; (ii) guarantee that fair, independent and transparent investigations of the previous murder cases were carried out, perpetrators were punished and victims compensated according to the law; (iii) ensure that charges filed against the leaders of the six national trade union centres were dropped; (iv) stop employers from using the judiciary against independent unions; (v) stop interfering in the activities of trade union organizations and protect trade unions from employers’ interference; (vi) work in collaboration with trade unions to amend the Trade Union Law in compliance with international labour standards; (vii) provide for a duration of fixed-term contracts of not less than two years to avoid discrimination against trade unionists and pregnant workers; and (viii) ensure that the new Labour Court would have a tripartite composition and would be independent, professional, efficient and ruled by consensus in deciding labour cases, and that access to it would be quick and free of charge. The ILO should assist the Government to address these issues through a tripartite mission.

The Government member of the Netherlands, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Iceland, the Republic of Moldova and Norway, indicated that they attached great importance to human rights, including freedom of association, and recognized the important role played by the ILO in developing, promoting and supervising international labour standards. The Government was urged to ensure that trade union rights be fully respected and trade unionists be able to engage in their activities in a climate free of intimidation or risk. In this regard, they hoped that the special investigative committee, established in June 2015 to resolve the criminal case regarding the murders of Chea Vichea, Ros Sovannareth and Hy Vuthy, would keep the national employers’ and workers’ organizations informed of the progress of its investigation on a regular basis. Noting the recent adoption of the Trade Union Law, they expected the Government to implement it in a fair and impartial manner, and called upon the ILO to assess and ensure that all of its provisions were in compliance with the Convention. Encouraging the inclusion of civil servants, teachers and domestic workers in the scope of the new law, they called upon the Government to: (i) provide the information requested by the Committee of Experts on the measures taken or envisaged to ensure that the rights of these groups were fully ensured under the Convention; (ii) avail itself of the technical assistance of the ILO; and (iii) comply with its reporting obligations.

The Government member of Thailand, speaking on behalf of the Association of Southeast Asian Nations (ASEAN), welcomed the information provided and the progress made by the Government. Expressing appreciation for the adoption of the Trade Union Law, he encouraged the Government to effectively implement it. He also commended the commitment and efforts of the Government to establish labour courts in the near future and to develop a minimum wage law, in compliance with international labour standards. Emphasizing the commitment of the Government to strengthen social dialogue in the country, he urged the Committee to take the significant progress made into account.

The Government member of the United States expressed concern about the persistent limitations on the right to freedom of association and the lack of protection for workers’ rights in Cambodia. She referred to the allegations included in the recent observations of the Committee of Experts regarding ongoing impediments to the registration of new independent trade unions, and the persistent intimidation of teachers from joining trade unions. Genuine freedom of association could only be exercised in an environment that was free from violence, pressure, and threats of any kind. While noting the information provided by the Government on the work of the three committees (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) that were established in the wake of the serious episodes of violence, death and arrest of workers in 2014, she remained concerned by allegations of ongoing arrests and detention of workers engaged in demonstrations. She echoed the Committee of Experts’ request for additional information on the conclusions and recommendations of the three committees and urged the Government to take all necessary measures to prevent violence against trade unionists, including through full and expeditious investigations and the prosecution of perpetrators. Since 2008, the ILO had been engaged with the Government and its social partners in drafting a Trade Union Law. Despite numerous consultations and recommended revisions over the years, the Government had adopted the Trade Union Law, which appeared to fall short of compliance with international labour standards. The main concerns were: (i) the exclusion of certain categories of workers from the right to join unions; (ii) the high threshold requirements for strike ballots; (iii) excessive and burdensome audit requirements and unclear provisions regarding the relevant parties that may request an audit of union activities; (iv) the ability of courts to interfere in the dissolution of trade unions, which should instead be determined by the union’s statute and bylaws; and (v) the lack of sufficiently dissuasive penalties for non-compliance. She urged the Government to submit a copy of the Trade Union Law to the Committee of Experts for review in 2016, and to take immediate action with the technical assistance of the ILO and in full consultation with the social partners to address issues of non-compliance with the Convention.

The Worker member of Australia recalled that under article 36 of the Constitution, Khmer citizens had the right to form and join trade unions. Although that could be considered a decent starting point for a legally guaranteed right to freedom of association, the reality was that in recent years there had been a multifaceted, sustained and even deadly attack on the rights of workers to associate and organize. The uneven application of criminal law was an indicator of the deteriorating situation. There had been violent attacks and trade union leaders had even been murdered. However, perpetrators had gone unpunished in most cases. Nevertheless, criminal law had been invoked repeatedly and enthusiastically by the Government against workers and trade union leaders. No fewer than six leaders of the national trade union centres had been charged for intentional violence and with regard to damages after the 2014 strike. The President of the Cambodian Labour Congress was currently under court supervision, which restricted him from taking part in protests or approaching workers in designated areas, leading strikes and demonstrations or changing his home address. Up to 198 other criminal cases involving workers and unions mostly in the textile and clothing industry, were also pending. According to an analysis of the new Trade Union Law by the Office of the United Nations High Commissioner for Human Rights in Cambodia, there were a number of key areas where the application of criminal law held direct implications with regard to the ability of people to form and join trade unions. These included: (i) the mandatory requirement that trade union leaders declare that they had never been convicted for any criminal offence; and (ii) the capacity for the new Labour Court to dissolve entire trade unions where individual officers had been found to have committed an offence or even serious misconduct. Any political effort to criminalize unionization and to invoke criminal law as an instrument to repress union organization would only damage Cambodia’s international reputation and the Government was urged to reject that approach.

The Worker member of the Republic of Korea recalled that in its report adopted in March 2016, the Committee on Freedom of Association had indicated that fixed-term contracts should not be deliberately used for anti-union purposes and could be an obstacle to the exercise of trade union rights. Many garment factories had built an entire workforce by employing workers through repeatedly renewed fixed-duration contracts (FDCs) of short duration. While violating the Labour Law, this phenomenon was widely applied in practice and was increasing. The legal implications of employment under FDCs were numerous, including fewer rights and benefits for workers; easier dismissal and shorter notice periods; difficulties in proving anti-union retaliation; reduced compensation upon termination of contract; and limited access to maternity leave benefits. The use of FDCs created great instability for workers, who reasonably feared that their contracts would not be renewed if they failed to obey the employer or if they joined a trade union. Furthermore, in a situation where the majority of contracts were FDCs, it was difficult to identify trade union leaders, who would not be able to complete a two-year term. The one-year work experience required for trade union leaders by the labour legislation could be hard to accrue under FDCs. A Memorandum of Understanding in the garment industry had been signed in 2012 between the Garment Manufacturers’ Association in Cambodia (GMAC) and several trade unions, and included a commitment to reach a separate agreement on this issue. However, no negotiations had been initiated on this matter. Supporting the recommendations of the Committee on Freedom of Association, the speaker therefore urged the Government to take all appropriate measures to promote these negotiations with a view to reaching an agreement on the use of FDCs and ensuring that workers in the garment industry were able to exercise their trade union rights freely.

The Government member of Canada strongly encouraged all member States to respect the terms of the Convention and recalled that the onus to ensure that freedom of association be exercised in a climate that was free from violence, pressure or threats of any kind was on governments. While some positive steps had generally been taken, further action was required and information had to be provided, as highlighted by the Committee of Experts. The concerns on the Trade Union Law were mainly related to insufficient protection of the right of all workers and employers to freely set up organizations of their own choosing, and to the right of these organizations to decide on internal matters without interference. In this regard, the Government should reopen discussions through social dialogue and within the National Assembly with a view to revising the law. He also expressed disappointment regarding the LANGO, which was restrictive of civil society, as its application to occupations not covered by the Trade Union Law could constitute a violation of the Convention. Finally, looking forward to the conclusions and recommendations of the committees regarding the incidents of violence of 2014, he emphasized the urgent need to ensure the effectiveness of the judicial system as a safeguard against impunity, and as an effective means to protect workers’ rights during labour disputes.

The Worker member of the Philippines identified with the widespread anti-union discriminatory practices experienced by workers in Cambodia. Union and federation members and leaders who were independent and critical of employers were increasingly becoming the target of harassment, discrimination and unfair dismissals by their employers. Since the end of 2013, 867 worker members of the Cambodian Labour Confederation (CLC) had been dismissed due to their union membership and activities, and only 67 of them had been reinstated. The rejection by employers of the arbitration award on reinstatement, in addition to the lack of government will with regard to enforcement, was seriously undermining the unions freely chosen by workers. The speaker gave the example of the November 2014 strike at the Siem Reap Airport, a ten-day protest during which replacement workers had been hired and following which seven union leaders were terminated for organizing the strike. Airport management had asked the union’s deputy chair to stop addressing complaints against the company and had offered to reinstate him in exchange for his cooperation. Instead of rectifying the unfair dismissals, the Ministry of Labour requested the employer to give monetary compensation to the dismissed union leaders, who to this day had not been reinstated and were unemployed.

The Worker member of Japan expressed concern that section 29 of the Trade Union Law guaranteed the right to “concerned parties”, or 50 per cent of the total members of a union to take the initiative of filing for dissolution of the trade union to the Labour Court. In the interest of industrial relations, the dissolution of a trade union should only be taken as a last resort, and after exhausting other possibilities with less serious effects for the organization as a whole. Moreover, the dissolution of a trade union should be dealt with according to the provisions of the union’s constitution and bylaws. The provisions of the LANGO concerning the mandatory registration for all domestic and international associations, the unfettered discretion of the Ministry of Interior over union registration, and the requirement of “political neutrality” applicable to all associations and organizations, constituted violations to the right to freedom of association. He urged the Government to consult with the trade unions and to consider the revision of these laws in order to be fully consistent with the Convention.

The Government representative thanked his ASEAN colleagues, in particular Thailand, for their support and encouragement for better freedom of association in Cambodia. He noted all of the constructive comments made by the respective representatives of employers and workers, as well as other Government delegates, which could serve as valuable inputs to achieve their ambitious agenda in building a future with decent work. The Government had been working actively in developing a strong legal framework through the adoption of laws and regulations. The Trade Union Law had been recently adopted, its implementing tools were being developed, and the drafting process of the Law on Labour Procedure of the Labour Court was under way. The Government was working closely with Better Factories Cambodia and the ILO Better Work Programme, to improve and strengthen labour inspection in order to ensure better working conditions. For further improvement of the effective implementation of international labour standards, as well as national laws and regulations, the participation and collaboration of all parties concerned was a necessity. While reiterating the commitment of the Government to fully complying with its reporting obligations, he assured that a detailed report would be submitted to the Committee of Experts by September 2016.

The Worker members indicated that the members of the Committee could only encourage the Government to make rapid progress on the path towards freedom of association. However, they had heard from many delegates, and especially from the Worker member of Cambodia, a description of the situation which remained very serious. They recalled that, concerning the murders of Chea Vichea, Ros Sovannareth and Hy Vuthy, the Committee on Freedom of Association had had to resort to the exceptional use of paragraph 69 of its Procedures for the examination of complaints alleging violations of freedom of association in order to invite the Government to appear before it and to provide missing information. The Government had accepted the invitation to provide information in May 2015. Noting that more than a year had passed, they emphasized the importance of replying to the requests made by the Committee on Freedom of Association. Impunity remained a critical issue.

They recalled that Cambodia had been under the constant supervision of the Committee since 2006 for the application of this Convention, of the Worst Forms of Child Labour Convention, 1999 (No. 182), or for its failure to submit reports. Every year, the issues remained the same: unpunished acts of violence against trade unionists (including murder); anti-union dismissals; harassment and intimidation by state officials; prohibition of the right to free speech and assembly; and a legal framework which was not in compliance with the Convention. Fixed-duration contracts, the subject of the 2015 observation of the Committee of Experts and the 2016 conclusions of the Committee on Freedom of Association were routinely used to frustrate trade unions. These problems were compounded by a politicized judiciary that did not guarantee justice. They reiterated their concerns that, despite the intervention of the ILO, the UN, the Global Unions, and the global garment brands, the Government had missed yet another opportunity to pass a law compliant with the Convention and had instead adopted a law which contained numerous provisions which violated the Convention. Workers had been attacked and assaulted when they had peacefully protested following the adoption of the law.

Global brands had joined workers on repeated occasions to express concern regarding the negative environment in the country for workers. The country could and should immediately change its course and establish a legal environment enabling the full exercise of the right to freedom of association, which should also be ensured in practice. The Worker members called on the Government to: (i) bring the Trade Union Law into full conformity with the provisions of the Convention, in cooperation with the social partners and with the further technical assistance of the ILO; (ii) ensure that the rights under the Convention of teachers and civil servants, as well as workers in the informal economy who were not covered by the trade union legislation, were fully ensured; (iii) conduct full and expeditious investigations into the murders of the trade union leaders mentioned in the Committee of Experts’ report and prosecute not only the perpetrators but also the instigators of these crimes; (iv) ensure that the Special Inter-Ministerial Committee kept 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 impunity surrounding the acts of violence against trade unionists; (v) conduct an independent investigation into the episodes of violence perpetrated against trade unionists on 3–4 January 2014, including injuries and deaths, and prosecute both the perpetrators and the instigators of these crimes; (vi) ensure that workers were able to engage freely in peaceful public demonstrations; (vii) drop criminal charges against trade union leaders for their participation in peaceful demonstrations; and (viii) ensure the application of Arbitration Council decisions with respect to fixed-duration contracts, limiting the combined time employed under these contracts to two years. In light of the lack of progress since this Committee had last heard this case, and given the multiple times this case had been before the Committee in recent years, they urged the Government to accept a High-level Tripartite Mission in 2016.

The Employer members recalled the history of this case and the concerns raised by the Workers with regard to the lack of progress on some of the issues discussed and the changes initiated by the Government. On the other hand, the Government had provided information on the recent initiatives it had taken, including: (i) the introduction and ongoing implementation of the new structure for the labour courts and labour chambers, and its commitment to the development of these institutions; (ii) the introduction of training and resources in the labour courts and labour chambers; and (iii) the adoption of the Trade Union Law and its commitment toward effective implementation. They echoed the Workers’ call for the expedited completion and implementation of these initiatives, but considered that considerable progress had already been made and that Cambodia should be given latitude to prove it could bring these initiatives to a rapid and successful conclusion, namely the completion of the investigations of the three committees into the 2014 murders, due to be completed this year; the completion of the guidelines and the manner in which they would operate; and the effective implementation of the Trade Union Law through an approach which balanced workers’ and employers’ rights. They believed the country should be given leeway but urged the Government to provide a report to the Committee, as soon as possible, on the actions it had taken to fully implement the initiatives it had undertaken.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed on issues raised by the Committee of Experts.

The Committee noted the Government’s proposal to establish new labour courts, as well as noting continued issues regarding the freedom of association for workers organizations.

Taking into account the discussion of the case, the Committee urged the Government to:

• - ensure that freedom of association can be exercised in a climate free of intimidation and without violence against workers, trade unions or employers, and act accordingly;
• - ensure that the Trade Union Law is in full conformity with the provisions of Convention No. 87 and engage in social dialogue, and with the technical assistance of the ILO;
• - ensure that teachers and civil servants are protected in law and practice consistent with Convention No. 87;
• - undertake full and expeditious investigations into the murders of and violence perpetrated against trade union leaders and bring the perpetrators as well as the instigators of these crimes to justice.
• - 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; and
• - report to the Committee of Experts before its November 2016 session with up-to-date information on its activities with regard to the three investigative committees already established, on the establishment, resourcing and training of the labour jurisdiction, and on the implementation of the new trade union law.

The Government should accept a direct contacts mission before the next International Labour Conference in order to assess progress towards compliance with these conclusions.

The Government representative indicated that, regarding the Committee’s proposal to accept a direct contacts mission, it was necessary to first consult the relevant government institutions. His Government would contact the ILO in due course.