Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Forced Labour Convention, 1930 (No. 29) - Cambodia (Ratification: 1969)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the Government’s indication that, within the framework of the National Action Plan of 2011–13 on the suppression of trafficking and sexual exploitation, it had monitored places where prostitution may occur; provided advice and rehabilitation to sex workers; and instructed over 700 business owners on issues related to sexual exploitation. It had also taken measures to inform recruitment agencies on the risks associated with the use of false documentation, as well as on the importance of providing pre-departure training for migrants. The Committee further noted the statistical information provided by the Government on the number of cases of trafficking in persons and sexual exploitation brought before the courts, as well as the number of victims identified and individuals accused. The Committee noted, in particular, that the number of victims of trafficking and sexual exploitation identified appeared to have decreased substantially during the period of implementation of the National Action Plan. However, no information was provided on the number of convictions, the penalties imposed on perpetrators or the specific action taken to protect and assist victims.

The Committee notes the Government’s information in its report that, in 2014, the police arrested 127 suspects, while the courts examined 74 cases and convicted 31 persons with a punishment of imprisonment; in 2015, the police arrested 144 suspects, while the courts examined 250 cases and convicted 201 persons with a punishment of imprisonment; and in 2016, the police arrested 113 suspects, while the courts examined 138 cases and convicted 103 persons with a punishment of imprisonment. The Government also indicates that, in 2016, the National Committee for Counter Trafficking (NCCT), in collaboration with its partners, provided 1,362 victims and vulnerable persons with assistance, including health checks, consultations, food and accommodation, training, etc. The Committee also notes that the Nation Action Plan for 2014–18 (NAP 2014–18) was adopted. Within the framework of its implementation, the Guidelines on Forms and Procedures for Identification of Victims of Human Trafficking for Appropriate Service were endorsed in 2015. The Committee further notes from a report of the United Nations Office on Drugs and Crime (UNODC) Trafficking in persons from Cambodia, Lao PDR and Myanmar to Thailand of August 2017 that trafficking in persons from Cambodia to Thailand for sexual exploitation has declined in recent years. However, Cambodia has become a destination country for sex trafficking from Viet Nam and experiences high levels of internal trafficking. The Committee therefore requests the Government to continue to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against perpetrators of trafficking in persons, and to continue providing information on the number of judicial proceedings initiated, as well as on the number of convictions and the specific penalties applied. The Committee also requests the Government to continue providing information on the measures taken to protect victims of trafficking and to facilitate their access to assistance and remedies.

2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously noted the Report of the International Trade Union Confederation (ITUC) for the World Trade Organization (WTO) General Council Review of the Trade Policies of Cambodia that migrant workers from Cambodia are vulnerable to situations of forced labour, particularly women domestic workers in Malaysia and men on fishing boats in Thailand. In this regard, the Committee also noted the adoption of Sub-Decree No. 190 of 2011 on “the Management of the Sending of Cambodian Workers Abroad through Private Recruitment Agencies”, as well as of eight Prakas (Proclamations) supplementing the 2011 Sub-Decree. With regard to international cooperation measures, the Government stated that the draft Memorandum of Understanding (MoU) with the Government of Malaysia was under discussion. The Government further indicated that additional employees had been appointed to manage labour migration issues in the Embassies of Cambodia in Malaysia and Thailand.

The Committee notes the Government’s information that in 2016, 40 inspections were carried out on private recruitment agencies, 54 cases have been received and settled involving 187 workers (129 females), and 46 training sessions of pre-departure orientation were held, in which 1,740 workers have participated. The Committee also notes that, according to the midterm evaluation report of the NAP 2014–18, an MoU with China was completed in late 2016. Efforts continue at finalizing an MoU with Malaysia and the MoU with Thailand is still being reviewed. According to the Report of the Tripartite Committee of the Governing Body set up to examine the representation alleging non-observance by Thailand of the Convention of 20 March 2017, there are 701,540 Cambodian migrant workers and a significant number of undocumented migrants who work in the fishing sector (GB.329/INS/20/6, paragraph 43). They are often deceived into this sector by brokers, and not able to leave given the fear of arrest and deportation, as well as the need to pay off debts (paragraph 15). The Committee further notes the Migration and Development Brief No. 28 of October 2017 by the World Bank that, the Government has announced plans to send 360 officials to Thailand between mid-September and December of 2017 for a 100-day campaign to assist a targeted 160,000 undocumented Cambodians in Thailand to obtain proper papers. While taking note of the measures undertaken by the Government, the Committee requests it to continue its efforts to ensure that all migrant workers are fully protected from abusive practices and conditions that amount to forced labour, and to continue providing information in this regard. The Committee also requests the Government to continue providing information on the application in practice of Sub-Decree No. 190 of 2011 on labour migration and private recruitment agencies, as well as its supplementing Prakas, indicating the concrete results achieved.

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