Interim Report - Report No 354, June 2009

1. 258. The Committee has already examined the substance of this case on four occasions, most recently at its November 2008 session where it issued an interim report, approved by the Governing Body at its 303rd Session [see 351st Report, paras 242–254].
2. 259. The Government provided its observations in a communication dated 8 January 2009.
3. 260. Cambodia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It has not ratified the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 261. In its previous examination of the case, the Committee made the following recommendations [see 351st Report, para. 254]:
   • (a) The Committee emphasizes, once again, the seriousness of the allegations pending, which refer, inter alia, to the murder of trade union leaders Chea Vichea, Ros Sovannareth and Hy Vuthy. The Committee deeply deplores these events and once again draws the Government’s attention to the fact that such a climate of violence leading to the death of trade union leaders is a serious obstacle to the exercise of trade union rights.
   • (b) The Committee urges the Government to take the necessary steps to ensure the independence and effectiveness of the judicial system, including through capacity-building measures and the institution of safeguards against corruption. It suggests that the Government has recourse to the technical cooperation facilities of the Office in this regard, notably in the area of reinforcing institutional capacity, and requests the Government to keep it informed of developments in this respect.
   • (c) The Committee once again strongly urges the Government to reopen the investigations into the murders of Chea Vichea and Ros Sovannareth and to ensure that Born Samnang, Sok Sam Oeun and Thach Saveth may exercise, as soon as possible, their right to a full appeal before an impartial and independent judicial authority. The Committee also urges the Government to immediately institute an independent inquiry into the murder of Hy Vuthy.
   • (d) The Committee strongly urges the Government to institute without delay independent judicial inquiries into the assaults on trade unionists Lay Sophead, Pul Sopheak, Lay Chhamroeun, Chi Samon, Yeng Vann Nuth, Out Nun, Top Savy, Lem Samrith, Chey Rithy, Choy Chin, Lach Sambo, Yeon Khum and Sal Koem San, and to keep it informed of developments in this respect.
   • (e) The Committee requests the Government to take the necessary steps to prevent the blacklisting of trade unionists.
   • (f) The Committee requests the Government to transmit its observations respecting the dismissal of Lach Sambo, Yeom Khun and Sal Koem San following strike action at the Genuine garment factory.
   • (g) The Committee once again urges the Government to take measures to ensure that the trade union rights of workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free of intimidation and risk to their personal security and their lives.
   • (h) The Committee once again expresses its deep concern with the extreme seriousness of the case and the absence of any significant efforts on the part of the Government to thoroughly investigate all of the above matters in a transparent, independent and impartial manner. It calls the Governing Body’s special attention to the situation.

B. The Government’s reply

1. 262. In its communication of 8 January 2009, the Government indicates that on 31 December 2008 the Supreme Court ordered the release of Born Samnang and Sok Sam Oeun pending the re-hearing of their case for the murder of trade union leader Chea Vichea by the Appeal Court. An extract of the Supreme Court’s judgement, in Khmer, is attached to the communication. According to the 5 January 2009 edition of the Cambodia Daily, Interior Ministry spokesman Lieutenant General Khieu Sopheak stated that, in accordance with the Supreme Court’s order, the police had reopened the investigations into Chea Vichea’s murder; he also stated that the police were still investigating the murders of Ros Sovannareth and Hy Vuthy.

C. The Committee’s conclusions

1. 263. The Committee recalls that in previous examinations of this case it had repeatedly emphasized the seriousness of the allegations pending, which refer, inter alia, to the murder of trade union leaders Chea Vichea, Ros Sovannareth and Hy Vuthy. On those occasions, emphasizing the fact that a climate of violence leading to the death of trade union leaders and a prevailing situation of impunity pose a serious obstacle to the exercise of trade union rights, the Committee had urged the Government to reopen the investigations into the murders of Chea Vichea, Ros Sovannareth and Hy Vuthy, as well as to ensure that Born Samnang, Sok Sam Oeun and Thach Saveth may exercise, as soon as possible, their right to a full appeal before an impartial and independent judicial authority. In this respect, the Committee welcomes the decision of the Supreme Court on 31 December 2008 ordering the release of Born Samnang and Sok Sam Oeun, pending the re-hearing of their case by the Appeal Court. Noting that the Supreme Court had also ordered the reopening of the investigation into Chea Vichea’s murder, the Committee urges the Government to ensure that the investigation is prompt, independent and expeditiously carried out, so as to ensure that all available information is brought before the courts with a view to determining the actual murderers and the instigators of the assassination of this trade union leader, punishing the guilty parties and thus bringing to an end the prevailing situation of impunity as regards violence against trade union leaders. The Committee requests the Government to keep it informed.
2. 264. The positive developments with respect to Born Samnang and Sok Sam Oeun notwithstanding, the Committee deeply regrets that the Government has yet again failed to provide any information regarding the other aspects of the case. As a general matter, the Committee once again strongly urges the Government to take measures to ensure that the trade union rights of workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free of intimidation and risk to their personal security and their lives and that of their families. In respect of Thach Saveth, who the Committee recalls was sentenced to 15 years in prison for the murder of Ros Sovannareth, in a trial that lasted one hour and was characterized by breaches of procedural rules and the absence of full guarantees of due process of law, the Committee once again urges the Government to ensure that he may exercise his right to a full appeal as soon as possible, before an impartial and independent judicial authority. Furthermore, and emphasizing once again that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the greatest extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 48], the Committee strongly urges that a full and independent investigation into the circumstances of the murder of Ros Sovannareth is finally carried out so as to bring all relevant information before the courts. The Committee requests the Government to keep it informed.
3. 265. As regards the murder of Hy Vuthy, the Committee observes that no information has been provided as to any progress made in investigating the circumstances of this murder or the determination of any guilty parties. The Committee strongly urges the Government to immediately institute or reactivate a full and independent inquiry in this regard and to keep it informed of all progress made.
4. 266. The Committee once again urges the Government to provide information on the steps taken to implement the rest of its recommendations. In particular, it insists that the Government indicate the steps taken for capacity building and the institution of safeguards against corruption necessary for the independence and effectiveness of the judicial system.
5. 267. Furthermore, recalling the allegations concerning acts of violence committed against several trade unionists, it strongly urges the Government once again to institute without delay independent judicial inquiries into the assaults on trade unionists Lay Sophead, Pul Sopheak, Lay Chhamroeun, Chi Samon, Yeng Vann Nuth, Out Nun, Top Savy, Lem Samrith, Chey Rithy, Choy Chin, Lach Sambo, Yeon Khum and Sal Koem San, and to keep it informed of the results of these inquiries.
6. 268. The Committee, recalling its previous recommendation, strongly requests the Government to indicate the steps taken to prevent the blacklisting of trade unionists.
7. 269. Finally, the Committee recalls the allegations concerning trade unionists Lach Sambo, Yeom Khun and Sal Koem San, who were dismissed following their June 2006 conviction for having illegally detained workers during a strike at the Genuine garment factory, and despite having appealed their convictions. Regretting the absence of a reply from the Government regarding this matter despite its repeated requests, the Committee urges the Government to inform it of the status of the appeal proceedings and, if their convictions have been overturned, to indicate their current employment status.
8. 270. The Committee continues to express its profound concern with the extreme seriousness of the case and the repeated absence of information on the steps taken to investigate the above matters in a transparent, independent and impartial manner, a necessary prerequisite to creating a climate free from violence and intimidation necessary for the full development of the trade union movement in Cambodia. After careful consideration of all the circumstances, the Committee calls the Governing Body’s special attention to the situation.