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

Abolition of Forced Labour Convention, 1957 (No. 105) - Cambodia (Ratification: 1999)

Other comments on C105

Observation

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Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted 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 pursuant to section 68 of the Law on Prisons of 2011) 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 audio visual communication (“incitement to discrimination”). It also observed that section 41 of the Law on political parties of 1997, makes punishable with sanctions of imprisonment for a term of up to one year 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 notes the Government’s indication that section 41 of the Law on political parties of 1997 has never been applied in practice and that section 61 of the 1992 Law was abrogated and replaced by the Penal Code of 2009. The Government refers in particular to the sections of the Penal Code concerning defamation, public demonstrations, insult, and insult of public officials. In this connection, the Committee observes that, although the crimes of public defamation and insult (sections 305–309) are punishable with fines only, numerous provisions of the Penal Code establish sanctions of imprisonment in situations covered by Article 1(a) of the Convention; such sanctions are therefore incompatible with the Convention, namely:

– section 445, sanctioning the act of insulting the King;
– sections 504 and 505, sanctioning the act of direct provocation aimed at committing a felony or discrimination on the basis of ethnic, national, racial or religious grounds, through public speeches or meetings, publications or any kind of audio-visual communication;
– section 511, sanctioning the act of insulting, through words, gestures, writings, sketches or objects, a civil servant or a citizen entrusted with public mandate by an election whilst performing his/her function;
– section 517, sanctioning the act of celebrating, in a religious premise open to the public, a Buddhist ceremony without having been authorized by a religious authority.

With reference to paragraphs 302 and 303 of its 2012 General Survey on the fundamental Conventions, the Committee once again draws the Government’s attention to the fact that sanctions involving compulsory labour, including compulsory prison labour, are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views or of opposition to the established political, social or economic system. The Committee therefore requests the Government to take the necessary measures in order to bring the above provisions of the Penal Code, as well as section 41 of the Law on political parties (1997) into conformity with the Convention, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions of imprisonment with other kinds of sanctions (e.g. fines), in order to ensure that no sanctions involving compulsory labour, can be imposed as a punishment for holding or expressing political views. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the above provisions in practice, supplying copies of court decisions defining or illustrating their scope.

The Committee notes the adoption of the Law on Peaceful Demonstrations of 21 October 2009, which replaces the Law on Demonstrations of 1991. In this regard, the Committee notes the Government’s indication that, although freedom of expression and the right to peacefully demonstrate are guaranteed by the Constitution, such rights must not be used in violation of the freedom and dignity of others or in ways affecting the tradition of the nation, public order or national security.

The Committee refers, in this connection, to the report of the UN Special Rapporteur on the situation of human rights in Cambodia of August 2014, in which he expressed concern at the ban on demonstrations imposed by the Government in January 2014 after the number of protests in the country escalated in late 2013. The Special Rapporteur observed that, while measures may be taken to limit civil and political liberties in time of public emergency, no official proclamation of a public emergency threatening the life of the nation appeared to have been issued by the Government. The UN Rapporteur also stated that seven opposition members of Parliament were arrested in July 2014 while protesting for a lifting of the ban, which, at the time of drafting of his report, remained in force (A/HRC/27/70, paragraphs 17, 21 and 22). Referring to the explanations in point 1 of this observation, the Committee requests the Government to indicate the legislative provisions on the basis of which the ban on demonstrations was imposed, indicating, in particular, the legal basis and justification for the arrest of demonstrators.

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