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Further to its earlier comments on Sub-Decree No. 10 SDEC of 28 February 1994 which provided for up to 15 days a year of compulsory labour for irrigation works, the Committee notes with satisfaction from the Government’s latest report that the 1994 Sub-Decree was repealed by a new Sub-Decree No. 40 SDE of 4 July 2000, which provides for one day of manual work on hydrology, to be held on 4 March every year, which all adult citizens can voluntary attend.
The Committee notes the Government's report, which refers to articles 15 and 16 of the new Labour Law, Chapter 1, section V, which were adopted by the National Assembly on 10 January 1997. Article 15 prohibits forced or compulsory labour. Article 16 prevents hiring of people for work to pay off debts.
Article 1(1) and Article 2(1) and (2)(d) and (e) of the Convention. 1. In its earlier comments, the Committee referred to Sub-Decree No. 10 SDEC of 28 February 1994 establishing a Workday for Irrigation and Agriculture which provides that all people, armed forces, officials and public servants have an obligation to perform irrigation work for 15 days a year, and students for seven days a year (section 3). In its earlier comments, the Committee noted the Government's statement that this Sub-Decree established a civic service for the purpose of restoring infrastructures in rural regions after annual disasters -- floods and drought; participation in this work was voluntary. The Government stated that, in practice, a single day's work was done in 1996, the persons carrying out this work receiving payment in kind and benefiting from an irrigation system for their paddy fields. In its latest report received in June 1998 the Government repeats its statement that the manual work for irrigation and agriculture provided for by the Sub-Decree does not mean forced or compulsory labour, and that it has never observed any kind of forced or compulsory labour in Cambodia.
2. The Committee recalls that the work under the Sub-Decree is compulsory for the whole population. Whilst noting the Government's statement that under section 15 of the new Labour Code of 1997 forced labour is prohibited absolutely in conformity with the provisions of Convention No. 29, the Committee again points out that the Sub-Decree, if implemented in accordance with its specific provisions, would enable labour which did not meet the exemptions of "minor communal services" or "emergency" to be exacted from persons against their will. It is therefore the specific provisions of the Sub-Decree which are not in conformity with the Convention. The Committee hopes that the Government will revise the Sub-Decree, as well as all the decisions taken under it so as to remove any ambiguity, and that it will be able to report, in the near future, on the measures taken or contemplated to ensure observance of the Convention in this respect.
Article 25. 3. In its earlier comments the Committee noted that, under section 369 of the new Labour Code of 1997, persons violating the provisions of section 15 on the prohibition of forced labour are liable to a fine of from 61 to 90 days' reference wages or imprisonment ranging from six days to one month. The Committee hopes that the Government will indicate what penalties are imposed under section 369 and describe any legal proceedings which have taken place.
1. Article 2, paragraph 2, of the Convention.In its previous comment, the Committee referred to Sub-Decree No. 10 SDEC of 28 February 1994 establishing a Workday for Irrigation and Agriculture which provides that "all people, armed forces, officials and public servants have an obligation to perform irrigation work for 15 days a year, and students for seven days a year" (section 3). The Committee noted that the work provided for in this Sub-Decree did not seem to meet the criteria for "minor communal services" which fall outside the scope of the Convention. It requested the Government to indicate the measures taken to ensure compliance with the Convention on this matter.
In its report, the Government states that Sub-Decree No. 10 SDEC has established a civic service for the purpose of restoring infrastructures in rural regions after the disasters -- floods and drought -- which occur every year. It stresses that participation in this work is voluntary and that, in practice, a single day's work was done in the previous year. In addition, the Government states that the persons carrying out this work receive payment in kind and benefit from an irrigation system for their paddy fields.
The Committee takes due note of these indications but observes that the voluntary nature of participation in the work does not follow from Sub-Decree No. 10 of 1994 which mentions that participation is obligatory. The Committee also observes that the length of service required by the Sub-Decree is seven and 15 days per annum respectively for students and other persons. Finally, it notes that the whole labour force of a province has to work on a single worksite and that there is no provision for consultation regarding the need for the work either with those who are expected to do the work or with their direct representatives. Consequently, referring to the explanation given in paragraph 37 of its 1979 General Survey on the abolition of forced labour, the Committee considers that this work does not meet the criteria of "minor communal services" exempted from the scope of the Convention under its Article 2(2)(e). Furthermore, this restoration work, which is foreseeable and takes place annually, does not fall within the exception provided for in Article 2, paragraph 2(d), concerning cases of emergency; as the Committee pointed out in paragraph 36 of the same General Survey, the examples given in the Convention show that cases of emergency involve a sudden, unforeseen happening calling for instant counter-measures. Lastly, referring to the indications given in paragraph 28 of its 1968 General Survey on forced labour, the Committee recalls that where holders of irrigated land are required to participate in the maintenance of irrigation channels from which they derive direct benefit, their obligations -- provided that these are commensurate with the benefits enjoyed -- may be regarded as a form of consideration due from the landholder. By contrast, Sub-Decree No. 10 of 1994 makes the work compulsory for the whole population, and not only for the landholders directly concerned.
The Committee notes that under section 15 of the new Labour Code of March 1997 "Forced labour is prohibited absolutely in conformity with the provisions of Convention No. 29". It hopes that the Government will revise Sub-Decree No. 10 SDEC of 28 February 1994, as well as all the decisions taken in application of this Sub-Decree, in the light of the Convention and of section 15 of the Labour Code, and that it will report on the measures taken or contemplated to ensure observance of the Convention in this respect.
2. Article 25. The Committee notes that under section 369 of the new Labour Code of 1997, persons violating the provisions of section 15 on the prohibition of forced labour are liable to a fine of 61 to 90 days' reference wages or imprisonment ranging from six days to one month.
The Committee recalls that under Article 25 of the Convention, the penal sanctions imposed by law must be really adequate. It hopes that the Government will take the necessary measures to ensure compliance with the Convention on this point.
Article 2(2)(e) of the Convention
The Committee notes the Government's indication in its report that minor communal services, whether small and quickly performed or bigger and more time-consuming, are discussed between the village chief and a local authority or, where the chief is the authority, he determines the category of minor communal services and then persuades the people to take part voluntarily.
The Committee also has taken note of sub-Decree No. 10 SDEC of 28 February 1994, Creating a Workday for Irrigation and Agriculture.
Under article 3 of this sub-decree, "all people, armed forces, officials and public servants" have an obligation to perform irrigation work for 15 days a year, and students for seven days a year. Referring to this sub-decree, a Decision (No. 27) of Battambang Province "On the setting up of an agriculture water policy committee", dated 15 March 1994, provides that: "This year all officials and public servants, armed forces and people across the province of Battambang shall perform agriculture work for 15 days from 21 March to 5 April 1994 ... . Students owe seven days in agricultural work from 21 to 27 March 1994." The work is to "Rehabilitate Canal No. II from Ban Say Treng village to Kien Kes village in Battambang district" with a length of 2,500 m and a volume of 22,506 m3.
The Committee refers to the explanations provided in paragraph 37 of its 1979 General Survey on the Abolition of Forced Labour, where it has drawn attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works). These criteria are as follows:
- the services must be "minor services";
- the services must be "communal services" performed "in the direct interest of the community";
- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".
The work under sub-Decree No. 10 SDEC of 28 February 1994 does not appear to meet these criteria: the length of service required (seven or 15 days a year) goes beyond "minor services" and, where the whole labour force of a province is to work on a single worksite, the services are not "communal services"; lastly, no consultation appears to have taken place with those who are to perform the work or their direct representatives in regard to the need for their services.
The Committee requests the Government to review sub-Decree No. 10 SDEC of 28 February 1994 and any decisions made thereunder and to indicate the measures taken or envisaged to ensure the observance of the Convention.