Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Prohibition of discrimination. The Committee recalls the comprehensive prohibition of discrimination enshrined in section 12 of the Labour Law, 1997. The Committee notes the information in the Government’s report concerning the complaints relating to discrimination submitted with the Labour Dispute Department, which relate to grounds other than those referred to in Article 1(1)(a) of the Convention. It also notes the information on the inspection activities of the labour inspectorate, which did not reveal any discrimination cases. The Government, however, indicates that it will continue to give attention to the issue and conduct tripartite workshops on working conditions and non-discrimination. The Committee asks the Government to provide further information on the results of the tripartite workshops on non-discrimination, as well as on any other activities to improve the capacity of the labour inspectorate to recognize and address cases of discrimination in the workplace. Please also continue to provide information on any cases dealt with by the Labour Dispute Department, the Arbitration Council, the labour inspectorate or the courts concerning discrimination in employment.

Scope of the Convention. With respect to the categories of workers not covered by the Labour Law, the Committee notes the Government’s statement that they are covered by separate laws and regulations which contain provisions concerning non-discrimination between employees. The Government also refers to the Military Conscription Laws, a copy of which was not provided. The Committee notes that the Law on the Common Statute for the Civil Service does not have a specific non-discrimination provision. The Committee asks the Government to indicate how the categories of workers excluded from the Labour Law are protected in practice against discrimination on the grounds set out in the Convention. Please provide copies of the Military Conscription Law as well as other relevant laws or regulations covering judges, police personnel, the employees in air and maritime transportation, and domestic workers.

Article 1 of the Convention. Sexual harassment. The Committee recalls that section 172 of the Labour Code, 1997, prohibits “all forms of sexual violation (sexual harassment)”. The Committee notes the Government’s indication that female security officers have been introduced to conduct physical searches of female employees. It also notes the activities to improve the rights of beer promoters, including their protection against discrimination, and in particular the creation of the association “Beer Selling Industry Cambodia” which has the objective of improving the health, safety and working conditions of women beer promoters through the development of a code of conduct. The Committee further notes the Government’s statement that sexual harassment is not included in the terms of reference for labour inspectors. The Committee requests the Government to indicate how the initiatives to improve the rights of women beer promoters have specifically addressed sexual harassment in the workplace. Considering that sexual harassment is a serious form of sex discrimination, the Committee asks the Government to take additional steps, including awareness raising of workers and employers, to address sexual harassment at work. Noting the labour inspection’s responsibility to monitor implementation of the Labour Law, the Committee encourages the Government to include more explicitly the fight against sexual harassment (section 172) in their terms of reference.

Access of women to employment. The Committee notes the Government’s statement that some advertisements may be aimed at recruiting only men or women, and it recalls that the exception permitted under Article 1(2) of the Convention must be based on inherent requirements of a particular job, which must be interpreted strictly in order to avoid undue limitation of the protection provided under the Convention. The Committee further notes that the Ministry of Labour and Vocational Training is working together with the Ministry for Women Affairs to develop policies and strategies related to gender promotion in employment and vocational training, and that a five-year Strategic Plan on Gender Promotion in the Field of Labour has been drafted (2008–12). The Committee asks the Government to indicate what practical measures it is taking to address discriminatory recruitment practices by employers based on the sex of the worker. The Committee further asks the Government to provide a copy of the Strategic Plan on Gender Promotion (2008–12), and information on its implementation. Please also provide statistical information on the distribution and representation of women and men in the various sectors of employment and occupations in the private and public sectors.

Access of women to vocational training and education. The Committee notes the statistics in the Government’s report on the participation of men and women in the different levels of education and vocational training for the year 2005–06. The figures indicate that women represent only 22.9 per cent and 33.2 per cent, respectively, of the participants in high-level and medium level institutions, and only 23.2 per cent of the participations in long-term technical and vocational training. However, female participation amounts to 56.1 per cent and 50 per cent, respectively, in short-term technical and vocational training and training provided by NGOs. Women constitute only 37.4 per cent of the participants in private technical and vocational training. The Committee recalls that access to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market in that it is a key factor in determining the actual possibilities of gaining access to a wide range of occupations and employment. The Committee asks the Government to indicate the reasons for the low participation rate of women in long-term vocational training and courses offered by high-level and medium-level institutions. The Committee also asks the Government to indicate any activities envisaged by the Strategic Plan on Gender Promotion in the Field of Labour (2008–12) to encourage women’s participation in a wide range of vocational training courses, especially those leading to employment with opportunities for advancement and promotion.

Discrimination on the basis of race, colour and national extraction (indigenous peoples). The Committee notes the Land Law 2001 which recognizes the right of indigenous communities to collective ownership of their lands and guarantees their right to register their traditional lands as collectively owned. The Committee notes from the Government’s report to the Committee on the Elimination of Racial Discrimination (CERD/C/KHM/8–13, 15 June 2009, paragraph 69) that a policy has been drafted concerning land registration and rights to access to land of indigenous peoples’ communities, which will be submitted to the Council of Ministers for approval. It also notes, however, from the Concluding Observations of the Committee on Economic, Social and Cultural Rights (CESCR) that the Land Law 2001 has not been implemented effectively and that so far, no indigenous community has received any land title (E/C.12/KHM/CO/1, 22 May 2009, paragraph 16). The CESCR also expresses concern about reports of increasing economic land concessions resulting in displacement of indigenous peoples, increasing large-scale forced evictions without consultations with the people affected, and of the active involvement of State authorities in land grabbing. The Committee recalls that access to land and natural resources is essential for indigenous peoples to engage in their traditional occupations. Access to land and resources without discrimination on any of the grounds mentioned in the Convention is one of the objectives of the national policy aimed at promoting equality of opportunity and treatment in employment and occupation, including traditional occupations (see also the General Survey of 1988 on equality in employment and occupation, paragraph 90). The Committee asks the Government to provide information on all the measures taken or envisaged to ensure that indigenous peoples can effectively engage in their occupations, including through the protection of their land rights. Please also report on the progress made to ensure the application in practice of the policies and legislation relating to land rights of indigenous peoples.

Access of ethnic minorities to vocational training and education. The Committee notes the information provided by the Government regarding the training offered to ethnic minorities on how to register in their communities. The Committee is further aware that a 2006–10 Strategic Plan of the Ministry of Labour and Vocational Training has been adopted which provides special services for persons with special needs such as the youth and persons with disabilities in particular among minority groups. While noting the training on registration, the Committee reminds the Government of the importance of offering targeted vocational training courses to members of ethnic minorities, and its requests the Government to provide information, including statistics, on their participation in such courses, as well as on any other measures taken to improve their skills with a view to widening their options for employment and income earning. Please also indicate which special services are being offered to members of ethnic minorities under the Strategic Plan.

Articles 2 and 3. Application of the Convention in practice. Capacity building on discrimination and equality issues. The Committee notes the Government’s indication that training has been provided on indigenous peoples’ rights and development to four ministries. Training of trainers was also offered to tripartite constituents on ratified Conventions, particularly focusing on Conventions concerning forced and child labour. The Committee asks the Government to take specific action to strengthen the capacity of the bodies and authorities charged with supervising the implementation of constitutional and legislative provisions on equality and non-discrimination, as well as workers, employers and their organizations. Please indicate any training on equality issues provided or envisaged for these groups.

Article 5. Special measures to promote equality – civil service. The Committee notes that section 11(6) of the Law on the Common Statute of Civil Servants of the Kingdom of Cambodia, 1994, provides that candidates belonging to ethnic minorities, coming from remote regions, as well as women may benefit from facilities and prioritized measures of recruitment. It notes from the concluding observations of the CESCR (E/C.12/KHM/CO/1, paragraph 9(a)) that Guidelines have been issued by the State Secretariat of Civil Service 2008, instructing all Government agencies to apply temporary special measures targeting between 20 and 50 per cent women among all new recruits. The Committee asks the Government to provide information including statistics, on the practical application of section 11(6) of the Law on the Common Statute of Civil Servants, and of the Guidelines on temporary special measures aimed at recruiting more women civil servants, and their impact on promoting equality of ethnic minorities and women in the civil service.