Rapport intérimaire - Rapport No. 387, Octobre 2018

Cas no 2318 (Cambodge) - Date de la plainte: 22-JANV.-04 - Actif

Allegations: The murder of three trade union leaders and the continuing repression of trade unionists in the country

1. 128. The Committee has already examined the substance of this case on numerous occasions, most recently at its October 2017 meeting where it issued an interim report, approved by the Governing Body at its 331st Session [see 383rd Report, paras 82–104].
2. 129. The Government sent its observations in a communication dated 1 October 2018.
3. 130. Cambodia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It has not ratified the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 131. In its previous examination of the case, the Committee made the following recommendations [see 383th Report, para. 104]:
   • (a) The Committee urges the competent authorities to take all necessary measures to expedite the process of investigation of the murders of Mr Chea Vichea, Mr Ros Sovannareth and Mr Hy Vuthy, including by ensuring the effective functioning of the Inter-Ministerial Commission for Special Investigations and the establishment and operation of its tripartite subcommission. It requests the Government to report on concrete progress in this regard and to provide information on the activities and progress of the Investigation Taskforce of the National Police Commissariat related to these heinous crimes. It further requests the Government to take any measures necessary to guarantee the safety Chea Vichea’s brother and that of those who may be in a position to assist these investigations.
   • (b) The Committee expects that the Inter-Ministerial Commission for Special Investigations will thoroughly review and ensure an investigation into the allegations of torture and other ill-treatment by police of Mr Born Samnang and Mr Sok Sam Ouen, intimidation of witnesses and political interference with the judicial process and requests the Government to keep it informed of the outcome and any measure of redress provided for the wrongful imprisonment of those two men. It requests the Government to provide further information on the nature of their release from prison, indicating whether this release is temporary.
   • (c) Recalling that it had previously deplored the fact that Mr Thach Saveth was arrested and sentenced for the premeditated murder of trade unionist Mr Ros Sovannareth in a trial characterized by the absence of full guarantees of due process necessary to effectively combat impunity for violence against trade unionists, the Committee expects that the Inter-Ministerial Commission for Special Investigations will thoroughly review the circumstances surrounding his trial so as to ensure that justice has been carried out and that he has been able to exercise his right to a full appeal before an impartial and independent judicial authority. It requests the Government to keep it informed of developments in this regard, including the outcome of the legal proceedings currently before the Court of Appeals and the outcome of the investigation by the Inter-Ministerial Commission for Special Investigations.
   • (d) The Committee once again urges the Government to keep it informed of any developments with respect to the murder of Mr Hy Vuthy, including the outcome of the legal proceedings of the Phnom Penh Municipal Court and the outcome of the work by the Inter-Ministerial Commission for Special Investigations. It also requests the Government to provide information as to why no reinvestigation of the case has been ordered.
   • (e) Recalling that it has been raising, since 2007, the alleged assault of 13 trade union activists of the FTUWKC and of the FTUSGF and the alleged dismissal of three trade union activists of the FTUWGGF, the Committee expresses its concern over the lengthy delay and the lack of progress made in the investigation into these matters. Emphasizing the importance of taking concrete and meaningful steps to investigate these matters without delay, the Committee urges the Government to keep it informed of the steps taken to resolve these long outstanding matters.
   • (f) The Committee must express its concern with continued delays and with the lack of concrete results in this case. The Committee is bound to once again express the firm expectation that the Government will take swift action and will be able to report fully on the progress made by the Inter-Ministerial Commission concerning the reopened investigations into the murders of trade union leaders, as this shall have a significant impact on the impunity prevailing in the country and on the exercise of trade union rights of all workers.
   • (g) The Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The Government’s reply

1. 132. In its communication dated 1 October 2018, the Government indicates that a National Committee for reviewing the implementation of International Labour Conventions ratified by Cambodia (NCRILC), of tripartite composition, was established with the aim to ensure an effective reply to the concerns raised by the Committee on Freedom of Association. Furthermore, the Ministry of Labour and Vocational Training, as the Secretariat of the NCRILC, organized a national tripartite consultative workshop on 7 May 2018 which led to the adoption of a revised roadmap on the implementation of the ILO’s recommendations concerning freedom of association. The roadmap specifies inter alia time-bound actions aimed at providing conclusions to the pending investigations of the murder cases of trade unions leaders, Mr Chea Vichea, Mr Ros Sovannareth and Mr Hy Vuthy. The institutions in charge, as listed in the roadmap, shall endeavour to conclude the investigations and ensure that the perpetrators and the instigators are brought to justice. The Government indicates that progress reports from these institutions would be discussed during the regular meeting of the National Committee and that information on progress will be provided in early 2019.
2. 133. With regard to the requested investigation into the assault of 13 trade union activists of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) and of the Free Trade Union of the Suntex Garment Factory (FTUSGF) reported in 2006, and the employment status of three activists of the Free Trade Union of Workers of the Genuine Garment Factory (FTUWGGF) who were allegedly dismissed in 2006, the Government reiterates that it was unable to reach the activists and requests again the FTUWKC, as the complainant, to provide to the Department of Labour Dispute the contact details of those workers in order to take further action.

C. The Committee’s conclusions

1. 134. The Committee recalls that it has considered this serious case on numerous occasions which relates, inter alia, to the murder of the trade union leaders, Mr Chea Vichea, Mr Ros Sovannareth and Mr Hy Vuthy, and to the prevailing situation of impunity with regard to acts of violence against trade unionists. The Committee appreciates the Government’s continued engagement to provide information in relation to its recommendations after it had recourse to paragraph 69 of its procedure and had invited the Government to come before it in May 2015 to explain the situation.
2. 135. The Committee recalls that it had previously noted the Government’s indication that: (i) the National Police Commissariat created an investigation taskforce, chaired by the Phnom Penh Municipal Police Commissioner in October 2015; (ii) the Inter-Ministerial Commission for Special Investigations on Case No. 2318 established in August 2015 conducted its second meeting in January 2017 to discuss the progress of the Commission and its challenges; and (iii) the Inter-Ministerial Commission decided to set up a tripartite working group attached to the secretariat of the Commission in order to allow all stakeholders, including employers’ and workers’ organizations, to provide information in relation to the investigations or to their feedback to the findings of the Commission.
3. 136. The Committee notes that a National Committee for reviewing the implementation of ratified International Labour Conventions ratified by Cambodia (NCRILC) was established through Governmental Decision No. 64 of 16 August 2017 which provides that: (i) the National Committee is of a tripartite nature and should be chaired by the Minister of Labour and Vocational Training (Article 1); (ii) the National Committee includes among its duties, inter alia, reviewing and managing research on practice and law, and collecting information and evidence on any complaint related to the implementation of International Labour Conventions and relevant International Treaties (Article 2); and (iii) Decision No. 44 of June 2015 on the establishment of the Inter-Ministerial Commission for Special Investigation on complaint No. 2318 and any legal provision contrary to the decision shall be abrogated (Article 4). The Committee further notes that the Members of this tripartite National Committee were appointed by virtue of Governmental Decision No. 111 of 6 December 2017. The Members include, among others, representatives of the Ministry of Labour and Vocational Training, the Ministry of Justice, the Ministry of the Interior, the National Police Chief, the Royal Gendarmerie, workers’ and employers’ organizations.
4. 137. The Committee understands that the Inter-Ministerial Commission for Special Investigations on Case No. 2318 was abolished by virtue of the establishment of the NCRILC. The Committee regrets that this process would appear to have delayed once again the conclusion of criminal investigations for which the Committee has been calling since 2005. However, the Committee notes the Government’s indication that on 30 July 2018 the NCRILC endorsed a roadmap on the implementation of the ILO’s recommendations concerning freedom of association which specifies inter alia time-bound actions aimed at providing conclusions to the pending investigations of the murder cases of trade unions leaders and that progress reports from designated institutions in charge would be regularly discussed by the NCRILC.
5. 138. With regard to its previous recommendations for investigation into the assault of 13 trade union activists of the FTUWKC and of the FTUSGF (Lay Sophead, Pul Sopheak, Lay Chhamroeun, Chi Samon, Yeng Vann Nuth, Out Nun, Top Savy, Lem Samrith, Chey Rithy, Choy Chin, Lach Sambo, Yeon Khum and Sal Koem San) reported in 2006, and the employment status of three activists of the FTUWGGF (Lach Sambo, Yeom Khun and Sal Koem San) who were allegedly dismissed in 2006, the Committee notes that the Government reiterates its statement that it was unable to reach those workers and requests the FTUWKC, as the complainant, to provide to the Department of Labour Dispute their contact details in order to take further action. The Committee must once again express its concern over the lengthy delay and the lack of progress made in the investigation that it has been requesting since 2007. The Committee must emphasize the importance of taking concrete steps to investigate these matters without delay and expects the Government to keep it informed of meaningful progress in this regard.
6. 139. In the absence of significant developments concerning the long-standing issues under examination in this case, the Committee is once again bound to repeat its recommendations and must express its firm expectation that the Government will take swift action in this regard and will be able to report on meaningful progress, as this necessarily has an impact on the social climate and the exercise of freedom of association rights of all workers in the country. The Committee invites the complainant organisation to provide an update on the issues raised in this case, in particular as regards the workers that had been allegedly assaulted and those dismissed. Lastly, the Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

The Committee’s recommendations

1. 140. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges the competent authorities to take all necessary measures to expedite the process of investigation of the murders of Mr Chea Vichea, Mr Ros Sovannareth and Mr Hy Vuthy. It requests the Government to report on concrete progress in this regard and to provide information on the activities and progress of the Investigation Taskforce of the National Police Commissariat related to these heinous crimes. It further requests the Government to take any measures necessary to guarantee the safety of Mr Chea Vichea’s brother and that of those who may be in a position to assist these investigations.
   • (b) The Committee expects that the NCRILC or other appropriate body will thoroughly review and ensure an investigation into the allegations of torture and other ill-treatment by police of Mr Born Samnang and Mr Sok Sam Ouen, intimidation of witnesses and political interference with the judicial process and requests the Government to keep it informed of the outcome and any measure of redress provided for the wrongful imprisonment of those two men. It requests the Government to provide further information on the nature of their release from prison, indicating whether this release is temporary.
   • (c) Recalling that it had previously deplored the fact that Mr Thach Saveth was arrested and sentenced for the premeditated murder of trade unionist Mr Ros Sovannareth in a trial characterized by the absence of full guarantees of due process necessary to effectively combat impunity for violence against trade unionists, the Committee expects that the NCRILC or other appropriate body will thoroughly investigate the circumstances surrounding his trial so as to ensure that justice has been carried out and that he has been able to exercise his right to a full appeal before an impartial and independent judicial authority. It requests the Government to keep it informed of developments in this regard, including the outcome of the legal proceedings currently before the Court of Appeals and the outcome of the investigations.
   • (d) The Committee once again urges the Government to keep it informed of any developments with respect to the murder of Mr Hy Vuthy, including the outcome of the legal proceedings of the Phnom Penh Municipal Court and the outcome of any work undertaken thereon by the NCRILC. It also requests the Government to provide information as to why no reinvestigation of the case has been ordered.
   • (e) Recalling that it has been raising, since 2007, the alleged assault of 13 trade union activists of the FTUWKC and of the FTUSGF and the alleged dismissal of three trade union activists of the FTUWGGF, the Committee expresses once again its concern over the lengthy delay and the lack of progress made in the investigation into these matters. Emphasizing the importance of taking concrete steps to investigate these matters without delay, the Committee expects the Government to keep it informed of meaningful progress in this regard.
   • (f) The Committee firmly expects that the Government will take swift action and will be able to report on meaningful progress concerning the long-standing issues under examination in this case, as this necessarily has an impact on the social climate and the exercise of freedom of association rights of all workers in the country.
   • (g) The Committee invites the complainant organisation to provide an update on the issues raised in this case, particular as regards the workers that had been allegedly assaulted and those dismissed.
   • (h) The Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.