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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. Scope of application. Workers excluded. The Committee recalls that the Labour Law of 1997 excludes from its scope of application certain categories of workers, namely 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 clarified that these categories of workers are protected against discrimination in employment and occupation on the grounds set out in the Convention under the following provisions: article 31(2) of the Constitution, which protects all Khmer citizens from discrimination; article 36(1), which protects their right to freely chosen employment; and articles 267, 268 and 269, in conjunction with section 265 of the Criminal Code, which penalizes discrimination in recruitment and dismissal as a criminal offence subject to civil and criminal penalties. The Committee notes that the Government does not provide any information in response to its request for further clarification regarding the protection of such excluded workers. It recalls that: (1) where certain categories of workers are excluded from general labour law, including non-citizens, it needs to be determined whether special laws or regulations apply, and whether they provide the same level of rights and protection as the general provisions; (2) constitutional provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation; and (3) in general, addressing discrimination issues only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, particularly since much of the information needed in cases related to equality and non-discrimination is in the hands of the employer (see 2012 General Survey on the fundamental Conventions, paragraphs 733, 742, 792 , 851 and 885). The Committee therefore reiterates its request for: (i) information on how the categories of workers excluded from the Labour Law are specifically protected against discrimination in employment and occupation on all the grounds set out in the Convention, including any laws or regulations adopted or envisaged, covering specific categories of workers; and (ii) clarification about whether the term “Khmer” in the Constitution includes ethnic minorities (such as citizens of Chinese or Vietnamese origin). If this is not the case, the Committee asks the Government to indicate how the right to equality of treatment and non-discrimination in employment and occupation of citizens of ethnic minorities is protected in practice.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that the third National Action Plan on the Prevention of Violence against Women (2019–23) sets out to promote a safe and harassment-free environment in the workplace and to improve access to justice for victims, among other things. The Plan envisages, in particular, the development and implementation of policies, protocols, and mechanisms for the elimination of violence and harassment in the workplace. The Committee also notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that violence and harassment, including sexual harassment, in the workplace are reportedly prevalent in Cambodia, particularly in the garment industry and while commuting to and from work (CEDAW/C/KHM/CO/6, 12 November 2019, paragraph 36). The Committee requests the Government to provide specific information on: (i) the measures taken under the National Action Plan on the Prevention of Violence against Women (2019–23) to prevent and address sexual harassment in employment and occupation, and the results achieved, including information on awareness-raising activities for social partners and enforcement officials; and (ii) the mechanisms established to ensure access to justice for the victims, and their outcomes, such as the number of complaints examined, the sanctions imposed and the remedies granted.

Article 1(3). Discriminatory recruitment practices. The Committee recalls that sections 12 and 369 of the Labour Law and sections 265, 267 and 268 of the Criminal Code establish the strict prohibition of discriminatory recruitment, subjecting violators to civil and criminal penalties. The Committee reiterates its request for information on the application in practice of sections 12 and 369 of the Labour Law and sections 265, 267 and 268 of the Criminal Code, and on the obstacles encountered in their implementation, as well as any claims filed with the courts or administrative authorities concerning cases of discrimination regarding these provisions, including court cases of discriminatory recruitment practices, such as job advertisements for positions for only men or only women.

Articles 2 and 3. Equal access of women to employment and occupation. The Committee notes that the Government refers to: (1) the Strategic Plan for Gender Equality and Women's Empowerment (2019–23) (Rattanak 5); (2) the Gender Policy and Action Plan of the General Department of Technical and Vocational Education 2017-2026; and (3) the National Employment Policy 2015-2025 which promotes women’s education in the field of technical and vocational training. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the persistent inequality between men and women, which is deeply rooted in gender stereotypes in families and society, impeding women from fully enjoying their economic, social and cultural rights, in particular their access to decent work (E/C.12/KHM/CO/2, 27 March 2023, paragraph 22). It also notes the concerns expressed by the CEDAW about, among other things: (1) the high concentration of women in low-wage and unskilled jobs, including in the textile, garment and footwear industries and the construction sector, where women are employed on short-term or fixed-duration contracts; (2) the high concentration of women in the informal employment sector, including domestic work, where they continue to be excluded from labour and social security protection, such as minimum wages, overtime compensation and maternity leave; and (3) the limited opportunities for women to pursue their careers in the formal employment sector, owing to the disproportionate burden of household and childcare responsibilities placed on them (CEDAW/C/KHM/CO/6, 12 November 2019, paragraph 36). The Committee requests the Government to step up its efforts to promote equal access of women to employment and occupation, in both urban and rural areas, and to provide specific information on the action taken in this regard. It also encourages the Government to undertake an assessment of the results achieved through the Strategic Plan for Gender Equality and Women’s Empowerment (2019–23) and other relevant policies, programmes and plans, and to provide information on its findings, including information on the main challenges identified and the ways forward envisaged. Please also provide updated statistics disaggregated by sex on the distribution of women and men in the various sectors of the economy.

Equal access of women to education. The Committee notes, from the concluding observations of CEDAW: (1) the progress made in promoting equal access of women to education, like increasing the literacy rate among women and girls and the enrolment rate of girls in primary education; (2) the inadequate number of secondary schools, particularly in rural areas; (3) the low enrolment rate of women in higher education, as well as their concentration in fields of study that are traditionally dominated by women; and (4) the inadequate gender sensitivity in technical education, vocational training and life skills programmes, which reinforces discriminatory gender stereotypes and leads to the underrepresentation of girls and women in non-traditional fields of study and career paths, such as science, technology, engineering and mathematics (CEDAW/C/KHM/CO/6, 12 November 2019, paragraph 34). The Committee requests the Government to provide information on the measures taken to address the current challenges impeding women’s and girls’ access to higher education and a wider range of fields of study, including those traditionally dominated by men, and to provide information on the results achieved.

Ethnic minorities. The Committee notes the concerns expressed by the United Nations Human Rights Committee about the discrimination and systemic exclusion faced by ethnic minorities, in particular Khmer Krom and Cambodians of Vietnamese origin (CCPR/C/KHM/CO/3, 18 May 2022, paragraph 14). The Committee also notes from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that: (1) people of Vietnamese origin face lack of access to education and employment; and (2) some Khmer Krom continue to be denied legal documents in practice, which puts them at risk of statelessness and leads to discrimination and barriers in accessing land, employment, education, healthcare and basic services (CERD/C/KHM/CO/14-17, 30 January 2020, paragraphs 23 and 25). The Committee requests the Government to provide information on the steps taken to ensure that members of ethnic minorities, in particular Khmer Krom and Cambodians of Vietnamese origin, enjoy equality of opportunity and treatment in employment and occupation.

Access to education irrespective of race, colour and national extraction. The Committee notes from the Government’s report to the CESR that it has adopted the Multilingual Education National Action Plan 2019–23. It notes in particular that a multilingual educational programme has been implemented in 18 districts in the following provinces: Ratanakiri, Strung Treng, Mondulkiri, Preah Vihear, and Kratie. It also notes that the multilingual educational programme is implemented from grades 1 to 3 (E/C.12/KHM/2, 7 August 2020, paragraphs 36–37). The Committee asks the Government to provide information on the implementation of the Multilingual Education National Action Plan and its impact on the enrolment, retention and completion rates of members of indigenous peoples and ethnic minorities and their access to employment and occupation on an equal footing with the rest of the population.

Article 5. Special measures to promote equality. The Committee recalls that section 11(6) of the Law on the Common Statute of Civil Servants of 1994 provides that candidates belonging to ethnic minorities coming from remote regions, as well as women, may benefit from facilities and prioritized measures of recruitment. It also recalls that the Guidelines issued by the State Secretariat of the Civil Service of 2008 provides for temporary special measures targeting between 20 and 50 per cent of women among all new recruits. The Committee again 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.

Enforcement. While noting the Government’s indication that the Labour Inspection Checklist includes the verification of discriminatory practices in the workplace, the Committee reiterates its request for information on: (i) any measures taken to raise the awareness of workers and employers and their organizations of the principles of the Convention, and of available avenues of dispute resolution; (ii) any specific training undertaken or envisaged to increase the capacity of labour inspectors and others responsible; and (iii) updated information on the number, nature and outcome of employment discrimination cases dealt with by the competent authorities, including any sanctions imposed and remedies granted.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1, 2 and 3 of the Convention. Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous peoples. For many years, the Committee has been asking the Government to provide information on the measures taken to ensure that indigenous peoples can engage in their traditional occupations if they so choose, and have access without discrimination to the material goods and services necessary to carry out these occupations, including land and other natural resources. The Committee has solicited, in particular, information on the implementation of the 2001 Land Law, the 2009 Sub-Decree on procedures to register indigenous communal land, as well as the policy on the registration of, and right to use, indigenous communal land, and the policy on indigenous peoples’ development. It has also asked for information on the practical application of the Inter-Ministerial Circular No. 001 of 31 May 2011 on interim measures protecting lands of indigenous peoples. The Committee notes with concern that the Government’s report does not contain any information in this regard. The Committee recalls that the above-mentioned legislation and implementing decrees provide for a three-steps procedure to be complied with in order to claim and obtain collective communal land titles for indigenous peoples. They encompass, firstly, the recognition of the community by the Ministry of Rural Development as an indigenous community; secondly, the registration of the said community with the Ministry of Internal Affairs as a legal entity; and, thirdly, the application by the registered community to the Ministry of Land Management, Urban Planning and Construction for the registration of their communal land title. The Committee notes from the report of the United Nations Special Rapporteur on the situation of human rights in Cambodia that: (1) as of 2020, 30 indigenous communities had received collective land titles from the Ministry of Land Management, Urban Planning and Construction; (2) a total of 131 communities received recognition of their status from the Ministry of Interior; (3) 151 communities received recognition of their indigenous identity from the Ministry of Rural Development; and (4) the existing land titling process remains cumbersome and slow to secure protection for indigenous peoples, largely undermining procedural safeguards rendered by current national legislation (A/HRC/45/51, 24 August 2020, paragraphs 32 and 33). The Committee further notes the deep concerns expressed recently by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) about reports of dispossession, displacement and relocation of indigenous peoples from their land and territories, including natural, protected areas that they have traditionally occupied, often without respecting their right to be consulted with a view to obtaining their free, prior and informed consent. The CESCR also expressed concern about the complex and slow process for the registration and demarcation of indigenous peoples’ land and the lack of effective mechanisms for protecting their rights related to their lands, territories and resources, particularly when those have not been registered in ongoing land acquisition processes (E/C.12/KHM/CO/2, 27 March 2023, paragraph 14). Furthermore, the Committee notes that the United Nations Human Rights Committee (HRC) remains concerned about shortcomings in the implementation of the legal framework and safeguards in place for the protection of the right of indigenous peoples to use and occupy their land and territories (CCPR/C/KHM/CO/3, 18 May 2022, paragraph 42). Likewise, the United Nations Committee for the Elimination of Racial Discrimination (CERD) expressed concerns about the current land titling process, which is too lengthy and bureaucratic and therefore prevents some indigenous groups from being able to efficiently register their collective land (CERD/C/KHM/CO/14-17, 30 January 2020, paragraph 27). Finally, the Committee notes that the Government accepted the recommendation made through the Universal Periodic Review (UPR) of the Human Rights Council that it should simplify the allocation of community land to indigenous peoples (A/HRC/41/17/Add.1, 18 April 2019, paragraph 2).

The Committee recalls that unsecure land tenure and biased approaches towards the traditional occupations engaged in by certain ethnic groups, which are often perceived as outdated, unproductive or environmentally harmful, continue to pose serious challenges to the enjoyment of equality of opportunity and treatment in respect of occupation, for many of them. It emphasizes that promoting and ensuring access to material goods and services required to carry out an occupation, such as secure access to land, and access to credit and resources, without discrimination, should be part of the objectives of a national policy on equality. Any discriminatory law and practice affecting access to and performance of an occupation, contrary to the equality policy, must be repealed in accordance with Article 3 of the Convention (see 2018 general observation of the Committee on discrimination based on race, colour and national extraction, page 6). The Committee also wishes to stress that one of the main issues faced by indigenous peoples relates to the lack of recognition of their rights to land, territories and resources, undermining their right to engage in traditional occupations. Recognition of the ownership and possession of the lands they traditionally occupy and access to their communal lands and natural resources for traditional activities is essential (see 2012 General Survey on the fundamental Conventions, paragraph 768). In light of the above, the Committee urges the Government to take immediate and effective steps to ensure that indigenous communities enjoy equal opportunity and treatment in respect of the occupation of their choice. These steps should cover their access to productive resources, market facilities and inputs, such as technology and financial services, and, in particular, to the lands and resources that they traditionally occupy or use. Pending the issuance of the land titles, whether under the Inter-Ministerial Circular No. 001 of 31 May 2011 or otherwise, the Committee requests the Government to adopt measures to protect their access to and use of such lands and resources. It encourages the Government, in cooperation with the social partners and the interested groups, to make an assessment of the current situation of indigenous peoples in employment and occupation, including in the context of local or rural development programmes affecting their activities, and the main obstacles they face to the full enjoyment of equality of opportunity and treatment. The Committee asks the Government to provide detailed information on the number of: (i) requests for land titling filed by the registered communities; (ii) land titles issued under the relevant legislation; and (iii) communities registered, and awaiting the issuance of their land titles. The Committee recalls that the Government can avail itself of the technical assistance of the ILO with regard to the matters raised above.

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

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

Article 1 of the Convention. Scope of application. The Committee recalls its previous request for the Government to indicate how the categories of workers excluded from 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) are protected against discrimination in employment and occupation on the grounds set out in the Convention. It notes the Government’s indication that article 31(2) of the Constitution protects all Khmer citizens from discrimination, that article 36(1) protects their right to freely chosen employment, and that articles 267, 268 and 269, in conjunction with section 265 of the Criminal Code, penalizes discrimination in recruitment and dismissal as a criminal offence subject to civil and criminal penalties. The Government considers that these provisions afford sufficient protection to the workers excluded from the Labour Law. It also notes the Government’s indication that the Military Conscription Law is currently in the process of translation. The Committee recalls that, where certain categories of workers are excluded from general labour law, including non-citizens, it needs to be determined whether special laws or regulations apply, and whether they provide the same level of rights and protection as the general provisions. It further recalls that constitutional provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation (see the General Survey on the fundamental Conventions, 2012, paragraphs 733, 742 and 851). The Committee also emphasizes that in general, addressing discrimination issues such as sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, particularly since much of the information needed in cases related to equality and non-discrimination is in the hands of the employer (see 2012 General Survey, paragraphs 792 and 885). In this regard, the Committee requests 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, including any laws or regulations adopted or envisaged covering specific categories of workers. It also requests the Government to provide copies of the Military Conscription Law, once the translation is complete, as well as other relevant laws or regulations covering these workers. Noting that the rights of minorities under the Constitution extend only to the “Khmer” people, the Committee requests the Government to indicate whether the term “Khmer” includes ethnic minorities (such as citizens of Chinese or Vietnamese origin). If this is not the case, the Committee asks the Government to indicate how the right to equality of treatment and non- discrimination in employment and occupation of citizens of ethnic minorities is protected in practice.

Sexual harassment. The Committee recalls its previous request to the Government to provide information on awareness-raising activities or projects to address sexual harassment. It notes the Government’s indication that this information will be submitted in its next report. In this regard, the Committee notes that the National Action Plan to Prevent Violence Against Women (2009–12) has come to an end and that the second National Action Plan (2014–18) has been implemented since December 2014. The Committee reiterates its request for information on any awareness-raising activities for workers, employers and labour inspectors in order to prevent and address sexual harassment in employment and occupation, as well as any results achieved through the project to promote the safety of women workers in the beer industry, the activities of the Cambodian Women’s Crisis Centre and any other activities conducted under the first and second National Action Plans, including the evaluation of the first National Action Plan (2009–12). The Committee also requests the Government to specifically include the investigation of sexual harassment in the terms of reference of labour inspectors and to provide information on any measures taken in this regard.

Articles 2 and 3. Equal access of women to employment and occupation. The Committee notes the Government’s indication of the outcomes achieved through the Strategic Plan for Gender Equality 2009–13 (Neary Rattanak III), including the mainstreaming of gender in education and vocational training laws and policies, such as the Education Strategic Plan (2014–18), the mainstreaming of gender in national reforms, such as the Public Administration Reform and in institutional mechanisms, such as Gender Mainstreaming Action Groups in line ministries and Women and Children Consultation Committees in provincial governments. It notes the Government’s indication that female participation in the labour market is 79.2 per cent compared to 86.5 per cent for men, which represents a narrowing of the gap in participation rates from the previous reporting cycle. The Committee also notes the Government’s indication that the proportion of women in the civil service increased to 37 per cent, up from 32 per cent in 2007. Finally, the Committee notes that the Strategic Plan of Gender Equality 2014–18 (Neary Rattanak IV) is currently being implemented. The Committee welcomes the initiatives indicated by the Government, and requests it to continue providing information on the measures taken, through the implementation of Neary Rattanak IV or otherwise, to ensure equal access of women to employment and occupation, including:

• (i) specific provisions in the newly adopted laws and policies referred to in the Government’s report that ensure and promote equal access of women to employment and occupation, including those intended to decrease vulnerable and low-wage employment for women;
• (ii) specific examples of the measures taken or envisaged to increase women’s access to a wider range of occupations beyond vulnerable and low-wage work, including positions at senior levels and in jobs traditionally dominated by men, along with statistical information of the outcomes disaggregated by sex; and
• (iii) updated statistics disaggregated to the sectoral level on the distribution of women and men in the various occupations in the private–public sectors, as well as in various vocational training courses.

Further, in the context of the Agriculture Support and Development Fund, please indicate how it is ensured that rural women have equal access to credit or land, in order to be able to carry out an occupation, since non-wage work covers the majority of the economically active population in the rural sector.

Equal access of women to education. The Committee recalls its previous comments on the low enrolment rate of girls and women in primary, secondary and higher education, and on persistent discrimination against women and gender stereotyping. It notes from the Government’s report that multiple laws and policies have been passed by the Ministry of Education, Youth and Sport, the Ministry of Labour and Vocational Training and other line ministries, and that the proportion of female students in tertiary education increased from 33.8 per cent in 2008 to 37.6 per cent in 2011. It also notes the Government’s indication that, while gender parity has been achieved at the primary and secondary levels, more girls have been dropping out of primary education than boys since 2012. The results of the Gender Development Index show that the expected years of schooling for women is 10.3 years as of 2014, which is lower than the figure of 11.5 years for males. The Committee recalls the Government’s indication in its previous report that there are two main reasons for the low participation rate of women in long-term vocational training and high-level and medium-level courses: one is poverty, which requires girls to help earn for their families, and the other is the traditional belief that girls should not study much or go to study far from home. It notes, however, that the Government does not indicate how it measures the impact of traditional beliefs and the action taken to alleviate poverty. In this regard, the Committee notes the concluding observations of the United Nations Human Rights Committee (HRC), which highlighted the need for the Government to intensify its efforts to eliminate gender stereotyping with a view to changing the perception of women’s roles in society, as well as other causes of the gender wage gap (CCPR/C/KHM/CO/2, 29 October 2013, paragraph 7). The Committee requests the Government to provide more information on the specific measures taken to ensure equal access of women and girls to education, and to eliminate gender stereotyping.

Discriminatory recruitment practices. The Committee notes the Government’s indication that sections 12 and 369 of the Labour Law and sections 265, 267 and 268 of the Criminal Code establish the strict prohibition of discriminatory recruitment, subjecting violators to civil and criminal penalties. The Committee requests the Government to provide information on the application in practice of sections 12 and 369 of the Labour Law and sections 265, 267 and 268 of the Criminal Code, and on the obstacles encountered in their implementation, as well as any claims filed with the courts or the administrative authorities concerning cases of discrimination regarding these provisions, including court cases of discriminatory recruitment practices, such as job advertisements for only men or only women.

Discrimination on the basis of race, colour and national extraction (indigenous peoples). The Committee recalls its previous comments concerning the measures taken to address discrimination against indigenous peoples, including the implementation of the 2001 Land Law and the 2009 Sub-decree on procedures to register indigenous communal land, as well as the measures taken under the policy on the registration of, and right to use, indigenous communal land and the policy on indigenous peoples’ development. At the time, the Committee noted Inter-ministerial Circular No. 001 of 31 May 2011 on interim measures protecting lands of indigenous peoples, adopted by the Ministry of the Interior and Land Management, Urbanization and Construction. While noting the Government’s indication that it is still in the process of collecting information from many line ministries, NGOs and international organizations, the Committee notes the stakeholders’ submission for the Universal Periodic Review of the Human Rights Council of 7 November 2013 that the above circular aims at interim protection only of indigenous communities which have already requested collective titling, which appears to undermine indigenous communities’ right to communal land titles, as others are forced to split up ancestral and communal lands (A/HRC/WG.6/18/KHM/3, 7 November 2013, paragraph 66). The Committee also notes the concluding observations of the HRC in 2015, which noted that indigenous peoples are not sufficiently consulted regarding issues such as the management of their communal lands and the allocation of land for extractive industries and agribusiness, and that concessions on the land they claim continue to be granted (CCPR/C/KHM/CO/2, 27 April 2015, paragraph 28). The Committee further notes that the National Action Plan to Prevent Violence Against Women (2014–18) identifies indigenous women or ethnic minorities as being vulnerable to gender-based violence. Recalling that indigenous peoples continue to be over-represented among the unemployed, the illiterate and the poor, and the importance of access to land and natural resources for indigenous peoples to engage in their traditional occupations, the Committee once again requests the Government to provide information on the following:

• (i) the measures taken 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 other natural resources;
• (ii) the number of communities identified and registered, the number of requests for land titling filed by the registered communities and the land titles issued under the 2001 Land Law and the 2009 Sub-decree on procedures to register indigenous communal land;
• (iii) the measures taken to accelerate the protection of indigenous peoples’ land rights pending the registration of collective title under the Land Law and the Sub-decree, including the practical application of Inter-ministerial Circular No. 001 of 31 May 2011, including information on any interim protective measures adopted so far; and
• (iv) the measures taken under the National Action Plan to Prevent Violence Against Women (2014–18) to protect indigenous women and men from gender-based violence.

Access to education irrespective of race, colour and national extraction. The Committee recalls its previous request to the Government to provide information on the vocational training courses provided to ethnic minorities and indigenous peoples, including those provided by the Ministry of Labour and Vocational Training (MOLVT). The Committee notes the Government’s indication that it will provide an answer to the Committee’s request in its next report, as it is still collecting information from line ministries. The Committee therefore repeats its request to the Government to provide information on the vocational training courses provided to ethnic minorities and indigenous peoples, including those provided by the MOLVT, as well as statistical information on the number of participants disaggregated by ethnicity, and the results achieved in terms of improving the access of ethnic minorities and indigenous peoples to employment and occupation. It also once again requests the Government to provide information on the measures taken to implement the Education for All Programme, the Education Strategic Plan (2014–18) and the National Policy on the Development of Indigenous Peoples as it pertains to access to education.

Article 5. 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 of 1994 and the Guidelines issued by the State Secretariat of the Civil Service of 2008 concerning temporary special measures targeting between 20 and 50 per cent of women among all new recruits, as well as the 2006–10 Strategic Plan of the MOLVT providing services for persons with special needs, such as youth and persons with disabilities, particularly among minority groups. The Committee notes, however, the Government’s indication that it will provide an answer to the Committee’s request in its next report. The Committee hopes that the Government will include detailed information in its next report 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.

Parts III and IV of the report form. Enforcement. Noting the Government’s statement that it is in the process of collecting the information from many line ministries, whereas most of the information requested should be located at the level of the MOLVT, the Committee expresses the firm hope that in its next report the Government will provide information on the following:

• (i) any measures, including tripartite workshops, taken to raise the 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 dealt with by the competent authorities, including any sanctions imposed and remedies provided.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore bound to repeat its previous direct request, which read as follows:

Repetition

Scope of application. The Committee recalls its previous comments asking the Government to indicate how the categories of workers excluded from 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) are protected against discrimination in employment and occupation on the grounds set out in the Convention. It notes that the Government’s report does not contain any information in this regard. Recalling that the principle of non-discrimination and equality in employment and occupation should cover all categories of workers, whether citizens or non-citizens, the Committee once again 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. Please provide copies of the Military Conscription Law as well as other relevant laws or regulations covering the abovementioned workers.

Sexual harassment. The Committee notes the Government’s indication that the Ministry of Women’s Affairs and Care International had concluded the project agreement on cooperation for implementation of promoting the safety of women workers in the beer industry starting from 15 December 2009 to 31 December 2012. The Government also indicates that the Cambodian Women’s Crisis Centre (CWCC) works on the elimination of all forms of sexual violation, including in the beer sales industry. The Committee asks the Government to provide information on any awareness-raising activities for workers, employers and labour inspectors in order to prevent and address sexual harassment in employment and occupation, as well as any results achieved by the project on promoting the safety of women workers in the beer industry, and by the CWCC activities. The Committee also asks 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 occupation. The Committee recalls the information contained in the Labour Force 2007 report of the National Institute of Statistics (NIS), in particular, that the difference in labour force participation between women and men was about 11 percentage points. It notes the Government’s indication that it has developed the Gender Mainstreaming Action Plan for the period 2009–13 and one of the five priorities is strengthening and expanding gender mainstreaming in the labour and vocational training sector. The Committee asks the Government to provide information on the following:

• (i) the results achieved in the implementation of the Action 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; and
• (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. Further, please indicate how it is ensured that women have equal access to credit in agriculture, in the context of the Agriculture Support and Development Fund.

Equal access of women to education. The Committee recalls its previous comments with regard to the low enrolment rate of girls and women in primary, secondary or higher education, as well as persistent discrimination against women and gender stereotyping. It notes the Government’s indication that there are two main reasons for the low participation rate of women in long-term vocational training and high-level and medium-level courses: one is poverty, which requires girls to help earn for their families, and the other is people’s traditional belief that girls should not study much or go to study far from home. The Government states that the participation rate of women in education is increasing compared with the past because the Government has built many schools. Recalling the importance of education in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to take steps to ensure equal access of women and girls to education, in particular at primary and secondary school levels, as well as higher levels, and to provide statistical information on the participation rate of men and women at all levels of education. It also requests the Government to indicate any steps taken in education to address prevailing attitudes and practices perpetuating the inferior role of women, with a view to avoiding stereotypes which impair women’s subsequent employment opportunities.

Discriminatory recruitment practices. The Committee had previously requested information on any measures taken to address discriminatory recruitment practices, including discriminatory job advertisements calling for only men or women. Noting that the Government’s report does not contain any such information, the Committee once again asks the Government to provide information in this regard.

Discrimination on the basis of race, colour and national extraction (indigenous peoples). The Committee recalls its previous comments concerning the measures taken to address discrimination of indigenous peoples, including implementation of the 2001 Land Law, and the 2009 Sub-decree on procedures to register indigenous communal land, as well as the measures taken under the policy on registration of, and right to use, indigenous communal land and the policy on indigenous peoples’ development. The Committee notes the Inter-ministerial Circular No. 001 of 31 May 2011 on interim protective measures protecting lands of indigenous peoples, adopted by the Ministry of Interior and Land Management, Urbanization and Construction. Recalling the importance of access to land and natural resources for indigenous peoples to engage in their traditional occupations, 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 number of communities identified and registered, the number of requests for land titling filed by the registered communities and the land titles issued according to the 2001 Land Law and the 2009 Sub-decree on procedures to register indigenous communal land;
• (iii) the measures taken to protect indigenous peoples’ land rights pending the registration of collective title under the Land Law and the Sub-decree; and
• (iv) the practical application of Inter-ministerial Circular No. 001 of 31 May 2011, including information on any interim protective measures adopted so far.

Access to education irrespective of race, colour and national extraction. The Committee notes the Government’s indication that the Ministry of Labour and Vocational Training (MOLVT), funded by the national programme budget and the United Nations Educational, Scientific and Cultural Organization, had provided short-term vocational training courses on vegetable plantation, animal raising, fish raising, and rubber resin tapping for 392 ethnic groups who live in the north-east provinces of Cambodia. For the year 2012, the MOLVT plans to provide 23 vocational courses for 840 ethnic groups. The Committee asks the Government to continue to provide information on the vocational training courses provided to ethnic minorities and indigenous peoples including those provided by the MOLVT, as well as statistical information on the number of participants disaggregated by ethnicity, and the results achieved in terms of improving access of ethnic minorities and indigenous peoples to employment and occupation. Please also provide information on the Education for All programme, the Education Strategic Plan (2006–10), and the National Policy on the Development of Indigenous Peoples.

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) and the Guidelines issued by the State Secretariat of the Civil Service (2008) concerning temporary special measures targeting between 20 to 50 per cent for women among all new recruits, as well as the 2006–10 Strategic Plan of the MOLVT providing services for persons with special needs, such as youth and persons with disabilities in particular among minority groups. The Committee notes that the Government’s report does not contain any information in this regard. It once again asks 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 the Government’s indication that the workshop on improving industrial relations in the garment industry had been conducted a few times, and that the memorandum of understanding had been concluded on 28 September 2010. The Committee repeats its earlier request to 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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Scope of application. The Committee recalls its previous comments asking the Government to indicate how the categories of workers excluded from 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) are protected against discrimination in employment and occupation on the grounds set out in the Convention. It notes that the Government’s report does not contain any information in this regard. Recalling that the principle of non-discrimination and equality in employment and occupation should cover all categories of workers, whether citizens or non-citizens, the Committee once again 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. Please provide copies of the Military Conscription Law as well as other relevant laws or regulations covering the abovementioned workers.

Sexual harassment. The Committee notes the Government’s indication that the Ministry of Women’s Affairs and Care International had concluded the project agreement on cooperation for implementation of promoting the safety of women workers in the beer industry starting from 15 December 2009 to 31 December 2012. The Government also indicates that the Cambodian Women’s Crisis Centre (CWCC) works on the elimination of all forms of sexual violation, including in the beer sales industry. The Committee asks the Government to provide information on any awareness-raising activities for workers, employers and labour inspectors in order to prevent and address sexual harassment in employment and occupation, as well as any results achieved by the project on promoting the safety of women workers in the beer industry, and by the CWCC activities. The Committee also asks 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 occupation. The Committee recalls the information contained in the Labour Force 2007 report of the National Institute of Statistics (NIS), in particular, that the difference in labour force participation between women and men was about 11 percentage points. It notes the Government’s indication that it has developed the Gender Mainstreaming Action Plan for the period 2009–13 and one of the five priorities is strengthening and expanding gender mainstreaming in the labour and vocational training sector. The Committee asks the Government to provide information on the following:

• (i) the results achieved in the implementation of the Action 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; and
• (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. Further, please indicate how it is ensured that women have equal access to credit in agriculture, in the context of the Agriculture Support and Development Fund.

Equal access of women to education. The Committee recalls its previous comments with regard to the low enrolment rate of girls and women in primary, secondary or higher education, as well as persistent discrimination against women and gender stereotyping. It notes the Government’s indication that there are two main reasons for the low participation rate of women in long-term vocational training and high-level and medium-level courses: one is poverty, which requires girls to help earn for their families, and the other is people’s traditional belief that girls should not study much or go to study far from home. The Government states that the participation rate of women in education is increasing compared with the past because the Government has built many schools. Recalling the importance of education in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to take steps to ensure equal access of women and girls to education, in particular at primary and secondary school levels, as well as higher levels, and to provide statistical information on the participation rate of men and women at all levels of education. It also requests the Government to indicate any steps taken in education to address prevailing attitudes and practices perpetuating the inferior role of women, with a view to avoiding stereotypes which impair women’s subsequent employment opportunities.

Discriminatory recruitment practices. The Committee had previously requested information on any measures taken to address discriminatory recruitment practices, including discriminatory job advertisements calling for only men or women. Noting that the Government’s report does not contain any such information, the Committee once again asks the Government to provide information in this regard.

Discrimination on the basis of race, colour and national extraction (indigenous peoples). The Committee recalls its previous comments concerning the measures taken to address discrimination of indigenous peoples, including implementation of the 2001 Land Law, and the 2009 Sub-decree on procedures to register indigenous communal land, as well as the measures taken under the policy on registration of, and right to use, indigenous communal land and the policy on indigenous peoples’ development. The Committee notes the Inter-ministerial Circular No. 001 of 31 May 2011 on interim protective measures protecting lands of indigenous peoples, adopted by the Ministry of Interior and Land Management, Urbanization and Construction. Recalling the importance of access to land and natural resources for indigenous peoples to engage in their traditional occupations, 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 number of communities identified and registered, the number of requests for land titling filed by the registered communities and the land titles issued according to the 2001 Land Law and the 2009 Sub-decree on procedures to register indigenous communal land;
• (iii) the measures taken to protect indigenous peoples’ land rights pending the registration of collective title under the Land Law and the Sub-decree; and
• (iv) the practical application of Inter-ministerial Circular No. 001 of 31 May 2011, including information on any interim protective measures adopted so far.

Access to education irrespective of race, colour and national extraction. The Committee notes the Government’s indication that the Ministry of Labour and Vocational Training (MOLVT), funded by the national programme budget and the United Nations Educational, Scientific and Cultural Organization, had provided short-term vocational training courses on vegetable plantation, animal raising, fish raising, and rubber resin tapping for 392 ethnic groups who live in the north-east provinces of Cambodia. For the year 2012, the MOLVT plans to provide 23 vocational courses for 840 ethnic groups. The Committee asks the Government to continue to provide information on the vocational training courses provided to ethnic minorities and indigenous peoples including those provided by the MOLVT, as well as statistical information on the number of participants disaggregated by ethnicity, and the results achieved in terms of improving access of ethnic minorities and indigenous peoples to employment and occupation. Please also provide information on the Education for All programme, the Education Strategic Plan (2006–10), and the National Policy on the Development of Indigenous Peoples.

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) and the Guidelines issued by the State Secretariat of the Civil Service (2008) concerning temporary special measures targeting between 20 to 50 per cent for women among all new recruits, as well as the 2006–10 Strategic Plan of the MOLVT providing services for persons with special needs, such as youth and persons with disabilities in particular among minority groups. The Committee notes that the Government’s report does not contain any information in this regard. It once again asks 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 the Government’s indication that the workshop on improving industrial relations in the garment industry had been conducted a few times, and that the memorandum of understanding had been concluded on 28 September 2010, which was not attached to the Government’s report. The Committee asks the Government to provide a copy of the memorandum of understanding of 28 September 2010. The Committee also repeats its earlier request to 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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Scope of application. The Committee recalls its previous comments asking the Government to indicate how the categories of workers excluded from 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) are protected against discrimination in employment and occupation on the grounds set out in the Convention. It notes that the Government’s report does not contain any information in this regard. Recalling that the principle of non-discrimination and equality in employment and occupation should cover all categories of workers, whether citizens or non-citizens, the Committee once again 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. Please provide copies of the Military Conscription Law as well as other relevant laws or regulations covering the abovementioned workers.

Sexual harassment. The Committee notes the Government’s indication that the Ministry of Women’s Affairs and Care International had concluded the project agreement on cooperation for implementation of promoting the safety of women workers in the beer industry starting from 15 December 2009 to 31 December 2012. The Government also indicates that the Cambodian Women’s Crisis Centre (CWCC) works on the elimination of all forms of sexual violation, including in the beer sales industry. The Committee asks the Government to provide information on any awareness-raising activities for workers, employers and labour inspectors in order to prevent and address sexual harassment in employment and occupation, as well as any results achieved by the project on promoting the safety of women workers in the beer industry, and by the CWCC activities. The Committee also asks 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 occupation. The Committee recalls the information contained in the Labour Force 2007 report of the National Institute of Statistics (NIS), in particular, that the difference in labour force participation between women and men was about 11 percentage points. It notes the Government’s indication that the Ministry of Labour and Vocational Training (MOLVT) has developed the Gender Mainstreaming Action Plan for the period 2009–13 and one of the five priorities is strengthening and expanding gender mainstreaming in the labour and vocational training sector. The Committee asks the Government to provide a copy of the Gender Mainstreaming Action Plan (2009–13), and to provide information on the following:

• (i) the results achieved in the implementation of the Action 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; and
• (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. Further, please indicate how it is ensured that women have equal access to credit in agriculture, in the context of the Agriculture Support and Development Fund.

Equal access of women to education. The Committee recalls its previous comments with regard to the low enrolment rate of girls and women in primary, secondary or higher education, as well as persistent discrimination against women and gender stereotyping. It notes the Government’s indication that there are two main reasons for the low participation rate of women in long-term vocational training and high-level and medium-level courses: one is poverty, which requires girls to help earn for their families, and the other is people’s traditional belief that girls should not study much or go to study far from home. The Government states that the participation rate of women in education is increasing compared with the past because the Government has built many schools. Recalling the importance of education in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to take steps to ensure equal access of women and girls to education, in particular at primary and secondary school levels, as well as higher levels, and to provide statistical information on the participation rate of men and women at all levels of education. It also requests the Government to indicate any steps taken in education to address prevailing attitudes and practices perpetuating the inferior role of women, with a view to avoiding stereotypes which impair women’s subsequent employment opportunities.

Discriminatory recruitment practices. The Committee had previously requested information on any measures taken to address discriminatory recruitment practices, including discriminatory job advertisements calling for only men or women. Noting that the Government’s report does not contain any such information, the Committee once again asks the Government to provide information in this regard.

Discrimination on the basis of race, colour and national extraction (indigenous peoples). The Committee recalls its previous comments concerning the measures taken to address discrimination of indigenous peoples, including implementation of the 2001 Land Law, and the 2009 Sub-decree on procedures to register indigenous communal land, as well as the measures taken under the policy on registration of, and right to use, indigenous communal land and the policy on indigenous peoples’ development. The Committee notes the Inter-ministerial Circular No. 001 of 31 May 2011 on interim protective measures protecting lands of indigenous peoples, adopted by the Ministry of Interior and Land Management, Urbanization and Construction. Recalling the importance of access to land and natural resources for indigenous peoples to engage in their traditional occupations, 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 number of communities identified and registered, the number of requests for land titling filed by the registered communities and the land titles issued according to the 2001 Land Law and the 2009 Sub-decree on procedures to register indigenous communal land;
• (iii) the measures taken to protect indigenous peoples’ land rights pending the registration of collective title under the Land Law and the Sub-decree; and
• (iv) the practical application of Inter-ministerial Circular No .001 of 31 May 2011, including information on any interim protective measures adopted so far.

Access to education irrespective of race, colour and national extraction. The Committee notes the Government’s indication that the MOLVT, funded by the national programme budget and the United Nations Educational, Scientific and Cultural Organization, had provided short-term vocational training courses on vegetable plantation, animal raising, fish raising, and rubber resin tapping for 392 ethnic groups who live in the north-east provinces of Cambodia. For the year 2012, the MOLVT plans to provide 23 vocational courses for 840 ethnic groups. The Committee asks the Government to continue to provide information on the vocational training courses provided to ethnic minorities and indigenous peoples including those provided by the MOLVT, as well as statistical information on the number of participants disaggregated by ethnicity, and the results achieved in terms of improving access of ethnic minorities and indigenous peoples to employment and occupation. Please also provide information on the Education for All programme, the Education Strategic Plan (2006–10), and the National Policy on the Development of Indigenous Peoples.

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) and the Guidelines issued by the State Secretariat of the Civil Service (2008) concerning temporary special measures targeting between 20 to 50 per cent for women among all new recruits, as well as the 2006–10 Strategic Plan of the MOLVT providing services for persons with special needs, such as youth and persons with disabilities in particular among minority groups. The Committee notes that the Government’s report does not contain any information in this regard. It once again asks 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 the Government’s indication that the workshop on improving industrial relations in the garment industry had been conducted a few times, and that the memorandum of understanding had been concluded on 28 September 2010, which was not attached to the Government’s report. The Committee asks the Government to provide a copy of the memorandum of understanding of 28 September 2010. The Committee also repeats its earlier request to 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.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Prohibition of discrimination. The Committee recalls the comprehensive prohibition of discrimination enshrined in section 12 of the Labour Law, 1997. The Committee notes the information in the Government’s report concerning the complaints relating to discrimination submitted with the Labour Dispute Department, which relate to grounds other than those referred to in Article 1(1)(a) of the Convention. It also notes the information on the inspection activities of the labour inspectorate, which did not reveal any discrimination cases. The Government, however, indicates that it will continue to give attention to the issue and conduct tripartite workshops on working conditions and non-discrimination. The Committee asks the Government to provide further information on the results of the tripartite workshops on non-discrimination, as well as on any other activities to improve the capacity of the labour inspectorate to recognize and address cases of discrimination in the workplace. Please also continue to provide information on any cases dealt with by the Labour Dispute Department, the Arbitration Council, the labour inspectorate or the courts concerning discrimination in employment.

Scope of the Convention. With respect to the categories of workers not covered by the Labour Law, the Committee notes the Government’s statement that they are covered by separate laws and regulations which contain provisions concerning non-discrimination between employees. The Government also refers to the Military Conscription Laws, a copy of which was not provided. The Committee notes that the Law on the Common Statute for the Civil Service does not have a specific non-discrimination provision. The Committee asks the Government to indicate how the categories of workers excluded from the Labour Law are protected in practice against discrimination on the grounds set out in the Convention. Please provide copies of the Military Conscription Law as well as other relevant laws or regulations covering judges, police personnel, the employees in air and maritime transportation, and domestic workers.

Article 1 of the Convention. Sexual harassment. The Committee recalls that section 172 of the Labour Code, 1997, prohibits “all forms of sexual violation (sexual harassment)”. The Committee notes the Government’s indication that female security officers have been introduced to conduct physical searches of female employees. It also notes the activities to improve the rights of beer promoters, including their protection against discrimination, and in particular the creation of the association “Beer Selling Industry Cambodia” which has the objective of improving the health, safety and working conditions of women beer promoters through the development of a code of conduct. The Committee further notes the Government’s statement that sexual harassment is not included in the terms of reference for labour inspectors. The Committee requests the Government to indicate how the initiatives to improve the rights of women beer promoters have specifically addressed sexual harassment in the workplace. Considering that sexual harassment is a serious form of sex discrimination, the Committee asks the Government to take additional steps, including awareness raising of workers and employers, to address sexual harassment at work. Noting the labour inspection’s responsibility to monitor implementation of the Labour Law, the Committee encourages the Government to include more explicitly the fight against sexual harassment (section 172) in their terms of reference.

Access of women to employment. The Committee notes the Government’s statement that some advertisements may be aimed at recruiting only men or women, and it recalls that the exception permitted under Article 1(2) of the Convention must be based on inherent requirements of a particular job, which must be interpreted strictly in order to avoid undue limitation of the protection provided under the Convention. The Committee further notes that the Ministry of Labour and Vocational Training is working together with the Ministry for Women Affairs to develop policies and strategies related to gender promotion in employment and vocational training, and that a five-year Strategic Plan on Gender Promotion in the Field of Labour has been drafted (2008–12). The Committee asks the Government to indicate what practical measures it is taking to address discriminatory recruitment practices by employers based on the sex of the worker. The Committee further asks the Government to provide a copy of the Strategic Plan on Gender Promotion (2008–12), and information on its implementation. Please also provide statistical information on the distribution and representation of women and men in the various sectors of employment and occupations in the private and public sectors.

Access of women to vocational training and education. The Committee notes the statistics in the Government’s report on the participation of men and women in the different levels of education and vocational training for the year 2005–06. The figures indicate that women represent only 22.9 per cent and 33.2 per cent, respectively, of the participants in high-level and medium level institutions, and only 23.2 per cent of the participations in long-term technical and vocational training. However, female participation amounts to 56.1 per cent and 50 per cent, respectively, in short-term technical and vocational training and training provided by NGOs. Women constitute only 37.4 per cent of the participants in private technical and vocational training. The Committee recalls that access to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market in that it is a key factor in determining the actual possibilities of gaining access to a wide range of occupations and employment. The Committee asks the Government to indicate the reasons for the low participation rate of women in long-term vocational training and courses offered by high-level and medium-level institutions. The Committee also asks the Government to indicate any activities envisaged by the Strategic Plan on Gender Promotion in the Field of Labour (2008–12) to encourage women’s participation in a wide range of vocational training courses, especially those leading to employment with opportunities for advancement and promotion.

Discrimination on the basis of race, colour and national extraction (indigenous peoples). The Committee notes the Land Law 2001 which recognizes the right of indigenous communities to collective ownership of their lands and guarantees their right to register their traditional lands as collectively owned. The Committee notes from the Government’s report to the Committee on the Elimination of Racial Discrimination (CERD/C/KHM/8–13, 15 June 2009, paragraph 69) that a policy has been drafted concerning land registration and rights to access to land of indigenous peoples’ communities, which will be submitted to the Council of Ministers for approval. It also notes, however, from the Concluding Observations of the Committee on Economic, Social and Cultural Rights (CESCR) that the Land Law 2001 has not been implemented effectively and that so far, no indigenous community has received any land title (E/C.12/KHM/CO/1, 22 May 2009, paragraph 16). The CESCR also expresses concern about reports of increasing economic land concessions resulting in displacement of indigenous peoples, increasing large-scale forced evictions without consultations with the people affected, and of the active involvement of State authorities in land grabbing. The Committee recalls that access to land and natural resources is essential for indigenous peoples to engage in their traditional occupations. Access to land and resources without discrimination on any of the grounds mentioned in the Convention is one of the objectives of the national policy aimed at promoting equality of opportunity and treatment in employment and occupation, including traditional occupations (see also the General Survey of 1988 on equality in employment and occupation, paragraph 90). The Committee asks the Government to provide information on all the measures taken or envisaged to ensure that indigenous peoples can effectively engage in their occupations, including through the protection of their land rights. Please also report on the progress made to ensure the application in practice of the policies and legislation relating to land rights of indigenous peoples.

Access of ethnic minorities to vocational training and education. The Committee notes the information provided by the Government regarding the training offered to ethnic minorities on how to register in their communities. The Committee is further aware that a 2006–10 Strategic Plan of the Ministry of Labour and Vocational Training has been adopted which provides special services for persons with special needs such as the youth and persons with disabilities in particular among minority groups. While noting the training on registration, the Committee reminds the Government of the importance of offering targeted vocational training courses to members of ethnic minorities, and its requests the Government to provide information, including statistics, on their participation in such courses, as well as on any other measures taken to improve their skills with a view to widening their options for employment and income earning. Please also indicate which special services are being offered to members of ethnic minorities under the Strategic Plan.

Articles 2 and 3. Application of the Convention in practice. Capacity building on discrimination and equality issues. The Committee notes the Government’s indication that training has been provided on indigenous peoples’ rights and development to four ministries. Training of trainers was also offered to tripartite constituents on ratified Conventions, particularly focusing on Conventions concerning forced and child labour. The Committee asks the Government to take specific action to strengthen the capacity of the bodies and authorities charged with supervising the implementation of constitutional and legislative provisions on equality and non-discrimination, as well as workers, employers and their organizations. Please indicate any training on equality issues provided or envisaged for these groups.

Article 5. Special measures to promote equality – civil service. The Committee notes that section 11(6) of the Law on the Common Statute of Civil Servants of the Kingdom of Cambodia, 1994, provides that candidates belonging to ethnic minorities, coming from remote regions, as well as women may benefit from facilities and prioritized measures of recruitment. It notes from the concluding observations of the CESCR (E/C.12/KHM/CO/1, paragraph 9(a)) that Guidelines have been issued by the State Secretariat of Civil Service 2008, instructing all Government agencies to apply temporary special measures targeting between 20 and 50 per cent women among all new recruits. The Committee asks the Government to provide information including statistics, on the practical application of section 11(6) of the Law on the Common Statute of Civil Servants, and of the Guidelines on temporary special measures aimed at recruiting more women civil servants, and their impact on promoting equality of ethnic minorities and women in the civil service.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Sexual harassment. Recalling its 2002 general observation on sexual harassment, the Committee notes that under section 172 of the Labour Code of 10 January 1997 “all forms of sexual violation (harassment) is strictly forbidden”. The Committee would appreciate receiving information on the practical application and enforcement of this provision and any other measures taken to address sexual harassment in the workplace in accordance with its 2002 general observation.

2. Prohibition of discrimination. The Committee notes that section 12 of the Labour Code provides that no employer shall take the grounds of race, colour, sex, creed, religion, political opinion, national extraction, social origin, or trade union membership or activity into consideration when taking decisions with regard to recruitment, work assignment, vocational training, advancement, promotion, remuneration, granting social benefits, disciplinary measures or the termination of an employment contract. It also notes that according to section 12 distinctions, rejections, or acceptances based on qualifications required for a specific job shall not be considered discrimination. The Committee notes that these provisions are in accordance with the Convention and should operate to strengthen its application. Please provide information on how these provisions are applied and enforced by the competent bodies, such as the labour inspectors and controllers, the Arbitration Council, as well as the courts.

3. Scope of the Convention. Recalling the Convention’s very broad scope of application, the Committee requests the Government to indicate how the Convention is applied to the categories of employees who are excluded from the Labour Code’s scope under its section 1 (judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic workers). Please also indicate how non-discrimination is guaranteed in access to occupations.

4. Articles 2 and 3. Application of the Convention in practice. The Committee draws to the Government’s attention to the fact that a national policy to promote equality of opportunity and treatment in respect of employment and occupation should be designed to ensure the application of the Convention in law and practice. Accordingly the Committee requests the Government to provide information on the following points:

(a)   information on the measures taken to strengthen the capacity of the bodies and authorities charged with supervising the implementation of constitutional and legislative provisions on equality and non-discrimination, such as labour inspectors and controllers, the Arbitration Council, and the courts. Please indicate any training on equality issues provided or envisaged for the officials concerned;

(b)    statistical information on the participation of men and women and members of ethnic minority groups in the various vocational training programmes and on any measures taken to improve the training and skills of women, including rural women, and ethnic minorities;

(c)    statistical information on the number of men and women and members of ethnic minority groups participating in private and public employment.

5. Article 4. Measures affecting persons suspected of, or engaged in, activities prejudicial to the security of the State. The Government is requested to provide further information with regard to the application of this Article. In order to facilitate the Government’s reply, please refer to paragraphs 123–129 of the Committee of Experts’ Special Survey on the Convention of 1996. Please indicate any legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State.

6. Part III of the report form. Labour inspections. The Committee requests the Government to provide information on the activities of the labour inspection services, such as the number of inspections undertaken, instances of discrimination revealed, and the manner in which such cases have been resolved.

7. Part IV of the report form. Judicial and administrative decisions. Please also continue to provide information on any judicial and administrative decision dealing with equality of opportunity and treatment in employment and occupation.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Sexual harassment. Recalling its 2002 general observation on sexual harassment, the Committee notes that under section 172 of the Labour Code of 10 January 1997 “all forms of sexual violation (harassment) is strictly forbidden”. The Committee would appreciate receiving information on the practical application and enforcement of this provision and any other measures taken to address sexual harassment in the workplace in accordance with its 2002 general observation.

2. Prohibition of discrimination. The Committee notes that section 12 of the Labour Code provides that no employer shall take the grounds of race, colour, sex, creed, religion, political opinion, national extraction, social origin, or trade union membership or activity into consideration when taking decisions with regard to recruitment, work assignment, vocational training, advancement, promotion, remuneration, granting social benefits, disciplinary measures or the termination of an employment contract. It also notes that according to section 12 distinctions, rejections, or acceptances based on qualifications required for a specific job shall not be considered discrimination. The Committee notes that these provisions are in accordance with the Convention and should operate to strengthen its application. Please provide information on how these provisions are applied and enforced by the competent bodies, such as the labour inspectors and controllers, the Arbitration Council, as well as the courts.

3. Scope of the Convention. Recalling the Convention’s very broad scope of application, the Committee requests the Government to indicate how the Convention is applied to the categories of employees who are excluded from the Labour Code’s scope under its section 1 (judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic workers). Please also indicate how non-discrimination is guaranteed in access to occupations.

4. Articles 2 and 3. Application of the Convention in practice. The Committee draws to the Government’s attention to the fact that a national policy to promote equality of opportunity and treatment in respect of employment and occupation should be designed to ensure the application of the Convention in law and practice. Accordingly the Committee requests the Government to provide information on the following points:

(a)   information on the measures taken to strengthen the capacity of the bodies and authorities charged with supervising the implementation of constitutional and legislative provisions on equality and non-discrimination, such as labour inspectors and controllers, the Arbitration Council, and the courts. Please indicate any training on equality issues provided or envisaged for the officials concerned;

(b)    statistical information on the participation of men and women and members of ethnic minority groups in the various vocational training programmes and on any measures taken to improve the training and skills of women, including rural women, and ethnic minorities;

(c)    statistical information on the number of men and women and members of ethnic minority groups participating in private and public employment.

5. Article 4. Measures affecting persons suspected of, or engaged in, activities prejudicial to the security of the State. The Government is requested to provide further information with regard to the application of this Article. In order to facilitate the Government’s reply, please refer to paragraphs 123-129 of the Committee of Experts’ Special Survey on the Convention of 1996. Please indicate any legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State.

6. Part III of the report form. Labour inspections. The Committee requests the Government to provide information on the activities of the labour inspection services, such as the number of inspections undertaken, instances of discrimination revealed, and the manner in which such cases have been resolved.

7. Part IV of the report form. Judicial and administrative decisions. Please also continue to provide information on any judicial and administrative decision dealing with equality of opportunity and treatment in employment and occupation.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Sexual harassment. Recalling its 2002 general observation on sexual harassment, the Committee notes that under section 172 of the Labour Code of 10 January 1997 "all forms of sexual violation (harassment) is strictly forbidden". The Committee would appreciate receiving information on the practical application and enforcement of this provision and any other measures taken to address sexual harassment in the workplace in accordance with its 2002 general observation (attached for ease of reference).

2. Prohibition of discrimination. The Committee notes that section 12 of the Labour Code provides that no employer shall take the grounds of race, colour, sex, creed, religion, political opinion, national extraction, social origin, or trade union membership or activity into consideration when taking decisions with regard to recruitment, work assignment, vocational training, advancement, promotion, remuneration, granting social benefits, disciplinary measures or the termination of an employment contract. It also notes that according to section 12 distinctions, rejections, or acceptances based on qualifications required for a specific job shall not be considered discrimination. The Committee notes that these provisions are in accordance with the Convention and should operate to strengthen its application. Please provide information on how these provisions are applied and enforced by the competent bodies, such as the labour inspectors and controllers, the Arbitration Council, as well as the courts.

3. Scope of the Convention. Recalling the Convention’s very broad scope of application, the Committee requests the Government to indicate how the Convention is applied to the categories of employees who are excluded from the Labour Code’s scope under its section 1 (judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic workers). Please also indicate how non-discrimination is guaranteed in access to occupations.

4. Articles 2 and 3. Application of the Convention in practice. The Committee draws to the Government’s attention to the fact that a national policy to promote equality of opportunity and treatment in respect of employment and occupation should be designed to ensure the application of the Convention in law and practice. In this regard the Committee emphasizes the need to take practical and concrete measures to ensure that the constitutional and legislative provisions on equality and non-discrimination are understood, applied and enforced. Accordingly the Committee requests the Government to provide information on the following points:

(a)  information on the measures taken to strengthen the capacity of the bodies and authorities charged with supervising the implementation of constitutional and legislative provisions on equality and non-discrimination, such as labour inspectors and controllers, the Arbitration Council, and the courts. Please indicate any training on equality issues provided or envisaged for the officials concerned;

(b)  statistical information on the participation of men and women and members of ethnic minority groups in the various vocational training programmes and on any measures taken to improve the training and skills of women, including rural women, and ethnic minorities;

(c)  statistical information on the number of men and women and members of ethnic minority groups participating in private and public employment.

5. Article 4. Measures affecting persons suspected of, or engaged in, activities prejudicial to the security of the State. The Government is requested to provide further information with regard to the application of this Article. In order to facilitate the Government’s reply, please refer to paragraphs 123-129 of the Committee of Experts’ Special Survey on the Convention of 1996. Please indicate any legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State.

6. Part III of the report form. Labour inspections. The Committee requests the Government to provide information on the activities of the labour inspection services, such as the number of inspections undertaken, instances of discrimination revealed, and the manner in which such cases have been resolved.

7. Part IV of the report form. Judicial and administrative decisions. Please also continue to provide information on any judicial and administrative decision dealing with equality of opportunity and treatment in employment and occupation.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to provide further information in its next report on the following points.

1. Article 1 of the Convention. Sexual harassment. Recalling its 2002 general observation on sexual harassment, the Committee notes that under section 172 of the Labour Code of 10 January 1997 "all forms of sexual violation (harassment) is strictly forbidden". The Committee would appreciate receiving information on the practical application and enforcement of this provision and any other measures taken to address sexual harassment in the workplace in accordance with its 2002 general observation (attached for ease of reference).

2. Prohibition of discrimination. The Committee notes that section 12 of the Labour Code provides that no employer shall take the grounds of race, colour, sex, creed, religion, political opinion, national extraction, social origin, or trade union membership or activity into consideration when taking decisions with regard to recruitment, work assignment, vocational training, advancement, promotion, remuneration, granting social benefits, disciplinary measures or the termination of an employment contract. It also notes that according to section 12 distinctions, rejections, or acceptances based on qualifications required for a specific job shall not be considered discrimination. The Committee notes that these provisions are in accordance with the Convention and should operate to strengthen its application. Please provide information on how these provisions are applied and enforced by the competent bodies, such as the labour inspectors and controllers, the Arbitration Council, as well as the courts.

3. Scope of the Convention. Recalling the Convention’s very broad scope of application, the Committee requests the Government to indicate how the Convention is applied to the categories of employees who are excluded from the Labour Code’s scope under its section 1 (judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic workers). Please also indicate how non-discrimination is guaranteed in access to occupations.

4. Articles 2 and 3. Application of the Convention in practice. The Committee draws to the Government’s attention to the fact that a national policy to promote equality of opportunity and treatment in respect of employment and occupation should be designed to ensure the application of the Convention in law and practice. In this regard the Committee emphasizes the need to take practical and concrete measures to ensure that the constitutional and legislative provisions on equality and non-discrimination are understood, applied and enforced. Accordingly the Committee requests the Government to provide information on the following points:

(a)  information on the measures taken to strengthen the capacity of the bodies and authorities charged with supervising the implementation of constitutional and legislative provisions on equality and non-discrimination, such as labour inspectors and controllers, the Arbitration Council, and the courts. Please indicate any training on equality issues provided or envisaged for the officials concerned;

(b)  statistical information on the participation of men and women and members of ethnic minority groups in the various vocational training programmes and on any measures taken to improve the training and skills of women, including rural women, and ethnic minorities;

(c)  statistical information on the number of men and women and members of ethnic minority groups participating in private and public employment.

5. Article 4. Measures affecting persons suspected of, or engaged in, activities prejudicial to the security of the State. The Government is requested to provide further information with regard to the application of this Article. In order to facilitate the Government’s reply, please refer to paragraphs 123-129 of the Committee of Experts’ Special Survey on the Convention of 1996. Please indicate any legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State.

6. Part III of the report form. Labour inspections. The Committee requests the Government to provide information on the activities of the labour inspection services, such as the number of inspections undertaken, instances of discrimination revealed, and the manner in which such cases have been resolved.

7. Part IV of the report form. Judicial and administrative decisions. Please also continue to provide information on any judicial and administrative decision dealing with equality of opportunity and treatment in employment and occupation.