Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Follow-up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in May–June 2014 concerning the application of the Convention.

The Committee notes the observations made by the International Organisation of Employers (IOE) in a communication received on 1 September 2014. It further notes the observations of the IOE and Cambodian Federation of Employers and Business Associations (CAMFEBA) received on 1 September 2014, referring to the progress made since ratification of the Convention and the challenges arising from a multiplicity of trade unions. They refer, among others, to a proliferation of unrepresentative minority unions which do not create an environment for harmonious industrial relations.

The Committee further notes the observations made by the International Trade Union Confederation (ITUC) received on 31 August 2014, which refer in particular to the killing, arrests and detentions of workers involved in demonstrations, and a blockage on registration of new independent unions. It further notes the observations made by Education International (EI) and its affiliate, the National Educators’ Association for Development (NEAD), in a communication received on 10 September 2014 referring to serious violence against protesters and the absence of a legal framework for teachers and public servants to form unions and the intimidation they face when they become members of an association. The Committee notes that the Government, in response to previous observations submitted by workers’ organizations, indicates the formation in December 2012 of a tripartite working group to study the labour contract and assures that no trade union members who have fulfilled their obligations and respected the law have been dismissed.

The Committee requests the Government to provide its comments on the observations submitted by the IOE, the CAMFEBA, the ITUC, EI and the NEAD. The Committee further requests the Government to respond to the ITUC’s allegation that registration of at least 30 new independent trade unions has been halted by new, ad hoc registration requirements, and that a requirement for union leaders to submit criminal background checks causes a problem for those charged in relation to legitimate trade union activity.

In its previous observation, the Committee had noted the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2318 and had urged the Government to ensure that thorough and independent investigations into the murders of trade union leaders Chea Vichea, Ros Sovannareth and Hy Vuthy were carried out expeditiously. It had further requested the Government to conduct an independent and impartial investigation into the prosecution of Born Samnang and Sok Sam Oeun, the two individuals who had been convicted of Chea Vichea’s murder following a judicial process characterized by the absence of full guarantees of due process of law. The Committee welcomes the Government’s indication that on 25 September 2013 the Supreme Court lifted charges against Born Samnang and Sok Sam Oeun and they were released. The Committee notes the Government’s further indication that the competent authorities are still investigating to determine culpability for the murder and that the cases of Ros Sovannareth and Hy Vuthy are still before the court. The Committee once again requests the Government to ensure that thorough and independent investigations into the murders of trade union leaders Chea Vichea, Ros Sovannareth and Hy Vuthy are carried out expeditiously so as to punish the guilty parties and bring to an end the prevailing situation of impunity, and hopes that it may soon be able to report progress in this regard.

Trade union rights and civil liberties. In its previous observation, the Committee urged the Government to take all the necessary measures to ensure that trade union rights of workers are fully respected and that trade unionists are able to engage in their activities in a climate free of intimidation or risk to their personal security and their lives, as well as the lives of their families. The Committee notes that the Government indicates that the rights of trade unions have not been interfered with by the authorities and that the Government has not arrested anyone who has not acted against the law. The Committee notes with concern the further allegations of serious violence and harassment of trade union members and leaders since January 2014 and in particular the information provided by the ITUC and the NEAD concerning strikes and demonstrations on 2–3 January 2014 in the context of minimum wage setting, which resulted in deaths, serious violence and assaults, the arrests of 23 workers, and their trial in what were alleged to be procedurally irregular processes. The Committee further notes the allegations of the IOE and CAMFEBA that the violence in January 2014 started in the trade union movement. The Committee also notes information from the ITUC concerning a new Committee to Solve Strikes and Demonstrations said to be made up of the heads of the armed forces, and allegations that, following the January protests, the Government has repeatedly used force to break up demonstrations and rallies including on International Women’s Day and May Day, and has detained trade union leaders for participating in those events. The ITUC further alleges that garment manufacturers have lodged civil and criminal complaints against unions, without evidence that they called for or condoned property damage, and have used the judicial system to harass unionists by lodging baseless claims. Recalling that without civil liberties trade union rights are limited or non-existent, the Committee urges the Government to take all necessary measures to ensure that civil liberties are fully respected and that trade unionists are able to engage in their activities in a climate free of intimidation or risk to their personal security and their lives, as well as the lives of their families. The Committee requests the Government to provide detailed information on the establishment, objective and functioning of the Committee to Solve Strikes and Demonstrations, and to ensure that thorough investigations are carried out expeditiously into the events of 2–3 January 2014 by independent bodies having the confidence of all the parties. The Committee requests the Government to provide information on progress made in this regard in its next report.

Independence of the judiciary. In its previous observation, the Committee requested, as had the Conference Committee in 2013, the Government to indicate whether proposed laws on the status of judges and prosecutors and on the organization and functioning of the courts had been adopted, and to provide information in this regard and in relation to progress made in the creation of labour courts. Noting the Government’s indication that these laws have been adopted by the National Assembly and forwarded to the Senate, the Committee requests the Government to provide information on any capacity-building or other measures undertaken in relation to these laws so as to ensure the independence and effectiveness of the judicial system in practice. The Committee further requests the Government to provide information on the progress made in the creation of labour courts.

Draft Trade Union Act. In its previous observation, the Committee requested the Government to provide information on the steps taken towards the adoption of the new Act, and hoped that the social partners would be fully consulted throughout the process and that the Act would take into account all of its comments and, in particular, that civil servants, teachers, air and maritime transport workers, judges and domestic workers would be fully guaranteed the rights enshrined in the Convention. The Committee notes the Government’s indication that the social partners have been consulted on the draft Act, which will be amended accordingly. The Committee further notes the Government’s indication that air and maritime transport workers are covered, while civil servants, teachers, court officials, soldiers and police officers are under other laws. Noting the Government’s indication that the draft Trade Union Law is expected to be adopted by early 2015, the Committee trusts that the Government will take all necessary steps to expedite the adoption of legislative amendments that take into account all its previous comments ensuring the rights under the Convention to all workers, whether through the Trade Union Law or other relevant legislative measures. The Committee reminds the Government that it may avail itself of technical assistance from the Office in this regard.

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

[The Government is asked to reply in detail to the present comments in 2015.]