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

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:

The Committee would be grateful if the Government would communicate, with its next report, copies of the following legislation: the latest updated and consolidated text of the Penal Code and Prison Regulations (as well as any other provisions governing prison labour); the laws governing public assemblies, meetings and gatherings; the law governing labour relations in the maritime transport, to which reference is made in section 1(d) of the Labour Law, 1997, including any disciplinary provisions applicable to seafarers; Circular No. 005 Mosalvy dated 6 March 2000 on the right to strike and Notification No. 20 Mosalvy dated 29 August 2000 on the right to strike of employees, to which reference is made in the report. Please also provide additional information on the following points.

Article , subparagraph a, of the Convention. Punishment for expressing political views. 1. The Committee notes that section 61 of the Provisions relating to the Judiciary and Criminal Law and Procedure applicable in Cambodia during the transitional period, 1992, provides for sanctions of imprisonment for a term of up to one year (which involves compulsory prison labour) for the incitement of national, racial or religious hatred by means of speech or meetings in a public place, or by writings, publications, paintings, films or any other means of audiovisual communication (“incitement to discrimination”). It also notes the provisions of section 41 of the Law on political parties, of 28 October 1997, which make punishable with sanctions of imprisonment for a term of up to one year (involving compulsory prison labour) various offences related to the administration or management of a political party which has been dissolved, or whose activities have been suspended by a court, or whose registration has been refused.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. Similar problems of the application of the Convention may arise from restrictions affecting the creation or functioning of associations, where administrative authorities enjoy wide discretionary powers to suspend associations or to prevent their creation, if such restrictions are enforceable with penalties involving compulsory labour.

The Committee therefore requests the Government to provide, in its next report, information on the application of the abovementioned provisions in practice, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

2. The Committee notes that section 12 of the Press Law of 18 July 1995, contains a prohibition to publish or reproduce information that affects national security or political stability, violation of this prohibition being punishable with fines, but also with sanctions under criminal law. Referring to the explanations in point 1 of this direct request, the Committee requests the Government to clarify this provision, indicating the kind of criminal sanctions applicable in case of violation of section 12 and supplying copies of relevant texts, as well as the information on the application of this section in practice, including copies of any court decisions defining or illustrating its scope and indicating the criminal penalties imposed.

Article 1, subparagraph c. Sanctions applicable to public servants. The Committee notes that section 35 of the Law on the common statute of civil servants, of 26 October 1994, strictly prohibits civil servants from committing certain acts, such as e.g. undertaking work for personal purposes during the hours of service, publishing facts related to their position without prior authorization of the Minister, or exercising a profession forbidden by the particular statute of their body, this prohibition being enforceable with disciplinary sanctions under section 40 of the same Law, without prejudice to possible penal proceedings. Please clarify the scope of the penal liability referred to in section 35 and indicate applicable penal sanctions, supplying copies of relevant texts, in order to enable the Committee to assess their compliance with the Convention.