CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Cambodia (RATIFICATION: 1969)

Other comments on C029

Observation

Direct Request

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Article 2(2)(a) of the Convention. Use of services exacted under compulsory military service laws. The Committee previously noted that pursuant to the Conscription Law of 2006, compulsory conscription was reintroduced in Cambodia, requiring all male citizens between 18 and 30 years of age to register for military service. The Committee notes the Government’s statement that, in the current context, military service is performed voluntarily and that an official notice is issued whenever the military forces are needed. The Government also states that the military forces are used only for military purposes. While noting this information, the Committee requests the Government to supply, with its next report, a copy of the Conscription Law (2006), as well as the sub-decrees issued in 2006 and 2011 pursuant to this Law, which are referred to by the Government as attached to the report, but have not been received by the Office.

Article 2(2)(c). Prison labour. The Committee had previously noted the adoption of the new Law on Prisons in 2011. It observed that, pursuant to section 68 of the Law, low-risk convicted prisoners who have been assessed as physically capable shall be assigned to work as part of the prison’s daily routine, or to perform any work in the public interest and for the benefit of the community, or assigned to participate in prison industry, prison handicraft and prison farming programmes. According to section 71, following the approval from the Minister of Interior, the General Director of Prisons is entitled to enter into a contract to generate employment for the prison industry, handicraft and farming programmes, and is entitled to enter into a contract to sell the products produced. In this regard, the Committee recalled that compulsory work or services exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two conditions are met, namely: that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. However, work by prisoners for private enterprises can be held compatible with the Convention where such work is not compulsory, but is carried out with the formal, informed and freely given consent of the person concerned.

The Committee notes the Government’s statement that, since the adoption of the Law in 2011, section 71 has not been applied in practice, and no private companies have expressed interest in employing convicts thus far. The Government also indicates that, in order to provide skills training for convicts, the Ministry of Interior has established a department of Corrections and Rehabilitation, as well as a department of Vocational Training and Employment. The Committee requests the Government to continue to provide information on the application of section 71 of the Law on Prisons (2011) in practice, so as to enable the Committee to ascertain that the work of prisoners for private enterprises is only performed with their free, formal and informed consent, and that such consent is authenticated by conditions of work approximating a free labour relationship. The Committee also requests the Government to provide information on the activities carried out by the departments of Corrections and Rehabilitation, and Vocational Training and Employment, indicating, in particular, the nature of the vocational, technical or other training provided.