Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. With regard to its previous request concerning the measures taken by the Government with a view to strengthening its efforts to combat trafficking in persons, including within the framework of the national action plan 2011–13 on the suppression of trafficking and sexual exploitation, the Committee notes the Government’s indication that, in the context of law enforcement measures, it has monitored places where prostitution may occur; provided advice and rehabilitation to sex workers; and instructed over 700 business owners on issues related to sexual exploitation. Additionally, the Government briefly indicates that it has taken measures to inform recruitment agencies on the risks associated with the use of false documentation, as well as on the importance of providing pre-departure training for migrants.

The Committee notes further the statistical information provided by the Government on the number of cases of trafficking in persons and sexual exploitation brought before the courts, as well as the number of victims identified and individuals accused. The Committee notes, in particular, that the number of victims of trafficking and sexual exploitation identified appears to have decreased substantially during the period of implementation of the national action plan. For example, while 497 victims of trafficking were identified in 2011, the Government reports that 297 were identified in 2012 and only 76 in 2013. While noting the above statistics, the Committee observes that no information has been provided by the Government on the number of convictions, the penalties imposed on perpetrators, the specific action taken to protect and assist victims, or any other elements that would allow it to assess the impact of the measures taken by the Government on the prevention and prosecution of trafficking cases, as well as on the protection of victims. The Committee therefore strongly encourages the Government to ensure that thorough investigations and prosecutions are carried out against perpetrators of trafficking in persons, and requests it to continue to provide information on the number of judicial proceedings initiated, as well as on the number of convictions and the specific penalties applied. The Committee also requests the Government to provide information on the measures taken to protect all victims of trafficking and to facilitate their access to immediate assistance and effective remedies.

2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously noted the information in the report of the International Trade Union Confederation (ITUC) for the WTO General Council Review of the Trade Policies of Cambodia of November 2011 according to which migrant workers from Cambodia are vulnerable to situations of forced labour, particularly women domestic workers in Malaysia and men on fishing boats in Thailand. The report also indicated that national legislation on recruitment, placement, and protection of migrant workers is limited and outdated, and that, although the Ministry of Labour began providing pre-departure training on safe migration in 2011, Cambodian migrant workers are often unaware of their rights. In this regard, the Committee notes the adoption of Sub-Decree No. 190 of 2011 on “the Management of the Sending of Cambodian Workers Abroad through Private Recruitment Agencies”, as well as of eight Proclamations (Prakas) supplementing the 2011 Sub-Decree. The Committee also notes the Government’s indication that the Ministry of Labour and Vocational Training, in cooperation with the ILO Triangle Project, has developed a pre-departure guidance tool for migrant workers, and is currently updating the national labour migration policy. With regard to international cooperation measures, the Government states that the draft Memorandum of Understanding with the Government of Malaysia is currently under discussion. The Government further indicates that additional employees have been appointed to manage labour migration issues in the Embassies of Cambodia in Malaysia and Thailand. The Committee requests the Government to continue to take measures to ensure that migrant workers, including migrant domestic workers, are fully protected from abusive practices and conditions that amount to forced labour, and to provide information in this regard in its next report. Please also provide information on the application in practice of Sub Decree No. 190 of 2011 on labour migration and private recruitment agencies, as well as its supplementing Prakas (for example, on the inspection of private recruitment agencies, on complaint mechanisms for migrant workers, and so forth), indicating the concrete results achieved.

Articles 1(1), 2(1) and 2(2)(c). Compulsory labour exacted in drug rehabilitation centres. The Committee previously noted the Circular on the Implementation of Education, Treatment and Rehabilitation Measures for Drug Addicts of 2006, which stipulates that local authorities must establish compulsory drug treatment centres. In this regard, the Committee noted the information in the World Health Organization (WHO) report entitled “Assessment of compulsory treatment of people who use drugs in Cambodia, China, Malaysia and Viet Nam” that the majority of persons in drug rehabilitation centres in Cambodia are not admitted voluntarily; they are often admitted following legal procedures, on the request of their families, or simply following arrest. The Committee also noted the information from the United Nations Office on Drugs and Crime that there have been reports of persons in drug rehabilitation centres engaged in compulsory labour.

The Committee notes the Government’s indication that admission into rehabilitation centres may be requested by family members/guardians; may follow a decision of the competent authorities or local authorities to the centres for detoxing treatment services and rehabilitation; or may be requested voluntarily by the individual. The Government further indicates that, although vocational training and education programmes are provided as part of drug rehabilitation, persons in rehabilitation centres are not required to work. While noting this information, the Committee requests the Government to indicate what safeguards exist, both in law and in practice, to ensure that persons detained in drug rehabilitation centres who have not been convicted by a court of law are not subject to the obligation to perform work, as specified in Article 2(2)(c) of the Convention. The Committee once again asks the Government to provide, with its next report, copies of the relevant texts governing drug rehabilitation centres which are mentioned by the Government in its report, in particular Sub Decree No. 162 (22 December 2010) on the establishment of the national centre for treatment and rehabilitation of drug addicts; Prakas No. 253 (25 January 2002) on the implementation of the sponsorship policy for drug victims in the rehabilitation centre of the Ministry of Social Affairs, Veterans and Youth Rehabilitation, and its appendix No. 8; and Prakas No. 863 (9 August 2001) on the education and vocational training for prisoners.

The Committee is raising other matters in a request addressed directly to the Government.