Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 356, Marzo 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 30. The Committee last examined this case, which concerns the incompatibility of the Common Statute of Civil Servants with Conventions Nos 87 and 98 and the prohibition, by local public authorities and the police, for the complainant to hold meetings relating either to its internal organization or to its activities, at its June 2004 session. On that occasion, the Committee made the following recommendations [see 334th Report, para. 226]:
   • (a) The Committee considers that the Government should take the necessary measures to amend the Common Statute of Civil Servants so as to guarantee fully the right to organize and the right to collective bargaining of civil servants, consistent with Conventions Nos 87 and 98, and the principles of freedom of association recalled in its conclusions above; once they have been adopted, the Government should diffuse widely these amendments in particular amongst the local public authorities, including the local educational administration.
   • (b) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of the case and reminds the Government that the technical assistance of the Office will be at its disposal if it so wishes to avail itself of this opportunity.
   • (c) The Committee requests the Government to bring the principle of freedom of association on police intervention in trade union matters as well as those relating to the holding of trade union meetings and the access by trade unions to workplaces to the attention of the police and the authorities responsible for authorizing public meetings.
   • (d) The Committee requests the Government to take specific measures, including training activities, so that officials of the local educational administration, including school directors, are fully apprised of the provisions of Conventions Nos 87 and 98, and the principles of freedom of association, with respect to teachers’ rights to freedom of association and to collective bargaining.
   • (e) The Committee requests the Cambodia Independent Teachers’ Association (CITA) to bear in mind, in its future activities, the principles of freedom of association in relation to the holding of trade union meetings and the access by trade unions to workplaces.
   • (f) The Committee requests the Government to invite the competent local authorities (including the local educational administration) and CITA to negotiate future agreements on the place where trade union public meetings will be held and the manner in which they will take place, as well as on facilities to be enjoyed by CITA, including access to workplaces for the furtherance and defence of its members’ occupational interests.
   • (g) Noting that the Government has put in place a process to investigate thoroughly the factual allegations, the Committee trusts that the Government will ensure that such a process contains guarantees of independence and impartiality.
2. 31. In a communication dated 1 June 2009, CITA alleges that the Common Statute of Civil Servants has not been amended in line with the Committee’s recommendations, that freedom of association, gathering and collective bargaining were threatened by intimidation from members of the authority and police forces and that high ranking officials of government used their position to pressure teachers to either stop joining or resign from CITA, or to order their transfer. In this regard, the complainant refers in particular to the discriminatory transfer of a union president in the Kampong Thom province.
3. 32. The Government, in a communication dated 11 August 2009, provides a copy of a letter from the Ministry of Education, Youth and Sport to the Minister of Labour and Vocational Training explaining the circumstances of a teacher’s transfer to another school on 15 October 2008, for professional misconduct. The Ministry states that it had assigned specialized officials to conduct an investigation into the teacher’s transfer, which revealed that the teacher had indeed infringed the Code of Conduct of the teaching profession by raising political and social issues in class which did not comply with the ministry’s curriculum during the courses he taught at Treal High School. He thus caused problems in the school by disseminating groundless information, thereby undermining its honour and that of the other teachers. Furthermore, he did not have good relationships with the governing board and most of his colleagues. Since his conduct violated articles 31 and 41 of the Cambodian Constitution, article 33 of the Common Statute of Civil Servants, article 34 of the Education Law and article 11 of the Code of Conduct of the Teaching Profession, the ministry decided to transfer Mr Sun Thun to a nearby school. Mr Sun Thun had meanwhile sought the intervention of national and international NGOs and requested the ministry to reinstate him in his position at Treal High School; however, due to the nature of his misconduct, the ministry states it cannot accept such an intervention.
4. 33. As regards the complainant’s allegation of the discriminatory transfer of a union president in the Kampong Thom province, the Committee notes the detailed reply of the Government indicating that the reason for the transfer was professional misconduct, as the teacher had raised social and political issues which did not comply with the ministry’s curriculum during his courses. The Committee observes, in this respect, that it would need more information to determine whether the conduct leading to the teacher’s transfer constituted legitimate trade union activity and therefore requests the complainant organization to provide additional information in support of its allegation, bearing in mind the information provided by the Government. In the absence of such information, the Committee will not pursue its examination of the case.
5. 34. The Committee regrets that the Government provides no information regarding the complainant’s allegations that the Common Statute of Civil Servants has yet to be amended, and that teachers continue to face obstacles to their freedom of association rights, including the right to collective bargaining. In these circumstances, and recalling that nearly six years have elapsed since it first issued its recommendations in the present case, the Committee urges the Government to immediately take the necessary measures to amend the Common Statute of Civil Servants so as to guarantee fully the right to organize and the right to collective bargaining of civil servants consistent with Conventions Nos 87 and 98 and, once they have been adopted, to widely disseminate these amendments, in particular, among the local public authorities including the local educational administration. Finally, the Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case.