Rapport intérimaire - Rapport No. 374, Mars 2015

1. 113. The Committee has already examined the substance of this case on nine occasions, most recently at its October 2013 meeting where it issued an interim report, approved by the Governing Body at its 319th Session [see 370th Report, paras 144–168].
2. 114. As the Government has not replied, the Committee has been obliged to adjourn its examination of this case on several occasions. At its October–November 2014 meeting [see the Committee’s 373rd Report, para. 6], the Committee made an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next meeting, even if the observations or information requested had not been received in due time. To date, the Government has not sent any information.
3. 115. 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. 116. In its previous examination of the case, regretting the fact that, despite the time that had elapsed, the Government had not provided any observation, the Committee made the following recommendations [see 370th Report, para. 168]:
   • (a) The Committee deeply deplores that, despite the time that has passed since it last examined this case, the Government has not provided its observations, although it has been invited on a number of occasions, including by means of an urgent appeal, to present its comments and observations on the case. The Committee urges the Government to be more cooperative in the future. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.
   • (b) As a general matter regarding all the subsequent issues, the Committee once again strongly urges the Government to take measures to ensure that the trade union rights of all workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free from intimidation and risk to their personal security and their lives, and that of their families.
   • (c) The Committee requests the Government to conduct an independent and impartial investigation into the prosecution of Born Samnang and Sok Sam Oeun, including allegations of torture and other ill-treatment by police, intimidation of witnesses and political interference with the judicial process and to keep it informed of the outcome and the measures of redress for their wrongful imprisonment.
   • (d) Furthermore, the Committee once again strongly urges the Government to ensure that thorough and independent investigations into the murders of Chea Vichea, Ros Sovannareth and Hy Vuthy are carried out expeditiously to ensure that all available information will finally be brought before the courts in order to determine the actual murderers and instigators of these trade union leaders, punish the guilty parties and bring to an end the prevailing situation of impunity as regards violence against trade union leaders. The Committee requests to be kept informed in this regard.
   • (e) As concerns trade union leader Hy Vuthy, the Committee requests the Government to confirm that the Supreme Court ordered the Phnom Penh Municipal Court to reopen the investigation into his death on 3 November 2010 and to keep it informed of any progress made in this regard.
   • (f) The Committee further urges the Government to provide detailed observations in relation to the latest allegations of the shooting of demonstrating workers by Chhouk Bandith and the impunity which has allegedly characterized his trial.
   • (g) Recalling the importance it attaches in this case to capacity building and the institution of safeguards against corruption necessary for the independence and effectiveness of the judicial system, the Committee strongly urges the Government to indicate the steps taken in this regard.
   • (h) The Committee 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.
   • (i) The Committee strongly requests the Government to indicate the steps taken to prevent the blacklisting of trade unionists.
   • (j) With regard to the dismissals of Lach Sambo, Yeom Khun and Sal Koem San following their convictions for acts undertaken in connection with a strike at the Genuine garment factory, the Committee once again strongly urges the Government to inform it of the status of their appeals proceedings and to indicate their current employment status.
   • (k) 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.
   • (l) Given the lack of progress on these very essential points, the Committee is bound, once again, to call the Governing Body’s special attention to the extreme seriousness and urgency of the issues in this case.

B. The Committee’s conclusions

1. 117. The Committee deeply deplores that, despite the time that has passed since it last examined this case, the Government has not provided its observations, although it has been invited on a number of occasions, including through urgent appeals, to present its comments and observations on the case. The Committee urges the Government to be more cooperative in the future. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.
2. 118. Hence, in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had expected to receive from the Government.
3. 119. The Committee once again reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them [see the Committee’s First Report, para. 31].
4. 120. However, the Committee observes that the Government provided some updated information in relation to the complaint during the discussion on the implementation by Cambodia of Convention No. 87 before the Committee on the Application of Standards (CAS) of the International Labour Conference in May–June 2014.
5. 121. The Committee recalls, once again, with deep concern the seriousness of this case which relates, inter alia, to the murder of trade union leaders, Chea Vichea, Ros Sovannareth and Hy Vuthy, and to the climate of impunity that exists surrounding acts of violence directed towards trade unionists, and the seriously flawed judicial processes evident throughout this case.
6. 122. The Committee recalls, with regard to the Chea Vichea murder trial, that it had previously welcomed a judgment on appeal by the Supreme Court which had definitively acquitted Born Samnang and Sok Sam Oeun and the dropping of all charges against them, and ordered the Phnom Penh Municipal Court to reopen the investigation. The Committee notes the information provided by the Government to the CAS to the effect that the competent authorities are still investigating to determine culpability for the murder. The Committee strongly urges the Government to keep it duly informed of the investigation into the murder of Chea Vichea and to ensure that the perpetrators and the instigators of this heinous crime are brought to justice. The Committee also expects that the Government will conduct an independent and impartial investigation into the prosecution of Born Samnang and Sok Sam Oeun, including allegations of torture and other ill-treatment by police, intimidation of witnesses and political interference with the judicial process, and requests the Government to keep it informed of the outcome and the measures of redress provided for their wrongful imprisonment.
7. 123. Furthermore, the Committee once again strongly urges the Government to ensure that thorough and independent investigations into the murders of Ros Sovannareth and Hy Vuthy are also carried out expeditiously and to keep it duly informed of the progress made in this regard.
8. 124. In its previous examination of the case, the Committee had noted with concern allegations regarding the shooting of workers engaged in a strike by former Governor Chhouk Bandith and the circumstances related to his subsequent trial. The Committee notes the Government’s statement to the CAS that Chhouk Bandith had been sentenced by the appeals court to 18 months in prison and required to pay 38 million Cambodian riels (KHR) in compensation to the three victims. However, the police was still searching for him. The Committee requests the Government to keep it informed in this regard.
9. 125. The Committee deeply deplores the absence of information from the Government on steps taken to investigate into the assault of a number of 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) of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) and of the Free Trade Union of the Suntex garment factory reported by the complainant in October 2006, and despite repeated requests from the Committee since June 2007. The Committee further deplores the absence of information from the Government on the present employment status of three activists of the Free Trade Union of Workers of the Genuine Garment Factory (FTUWGGF) (Lach Sambo, Yeom Khun and Sal Koem San) who were dismissed in 2006 following their convictions for acts undertaken in connection with a strike at the Genuine garment factory.
10. 126. Recalling that the above events date back to 2006, the Committee is bound to express its deep concern with the lack of cooperation of the Government to investigate into the matters in a transparent, independent and impartial manner. The Committee expects that the Government will act more promptly in cases of violence and intimidation against the trade union movement in the future and that it will keep it informed of the steps taken to resolve these long outstanding matters.
11. 127. As a general matter regarding all the issues still under examination in the present case, the Committee firmly expects the Government to commit itself to bring to an end the prevailing situation of impunity in the country, including, in particular, impunity in relation to violent acts against trade unionists, by promptly and persistently instituting independent judicial inquiries in order to fully uncover the underlying facts and circumstances, identify those responsible, punish the guilty parties, and prevent the repetition of such acts. The Committee further stresses the importance of the Government taking meaningful measures as a matter of urgency to ensure that the trade union rights of all workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free from intimidation and risk to their personal security and their lives, and that of their families.