Interim Report - Report No 358, November 2010

1. 321. The Committee has already examined the substance of this case on five occasions, most recently at its June 2009 session where it issued an interim report, approved by the Governing Body at its 305th Session [see 354th Report, paras 258–271].
2. 322. The Government provided its observations in a communication dated 14 September 2009.
3. 323. 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. 324. In its previous examination of the case, the Committee made the following recommendations [see 354th Report, para. 271]:
   • (a) 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 of intimidation and risk to their personal security and their lives, and that of their families.
   • (b) The Committee urges the Government to ensure that the investigation into the murder of Chea Vichea is prompt, independent, and expeditiously carried out, so as to ensure that all available information is brought before the courts with a view to determining the actual murderers and the instigators of the assassination of this trade union leader, punishing the guilty parties and thus bringing to an end the prevailing situation of impunity as regards violence against trade union leaders. The Committee requests to be kept informed of developments in this respect.
   • (c) The Committee once again strongly urges the Government to ensure that a full and independent investigation into the circumstances of trade union leader Ros Sovannareth’s murder is finally carried out so as to bring all relevant information before the courts. It also urges the Government to ensure that Thach Saveth may exercise his right to a full appeal as soon as possible, before an impartial and independent judicial authority, and requests to be kept informed of developments in this respect.
   • (d) As concerns trade union leader Hy Vuthy, the Committee strongly urges the Government to immediately institute or reactivate a full and independent inquiry into his murder and to keep it informed of all progress made in this regard.
   • (e) The Committee insists that the Government indicate the steps taken for capacity building and the institution of safeguards against corruption necessary for the independence and effectiveness of the judicial system.
   • (f) 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.
   • (g) The Committee strongly requests the Government to indicate the steps taken to prevent the blacklisting of trade unionists.
   • (h) 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 requests the Government to inform it of the status of their appeals proceedings and, if their convictions have been overturned, to indicate their current employment status.
   • (i) 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.
   • (j) The Committee, after careful consideration of all the circumstances, calls the Governing Body’s special attention to the situation.

B. The Government’s reply

1. 325. In its communication of 14 September 2009, the Government indicates that on 17 August 2009 the Appeal Court issued a judgement ordering the release of Born Samnang and Sok Sam Oeun on bail and further investigation into the murder of trade union leader Chea Vichea.

C. The Committee’s conclusions

1. 326. The Committee recalls that in previous examinations of this case it had repeatedly emphasized the seriousness of the allegations pending which refer, inter alia, to the murder of trade union leaders Chea Vichea, Ros Sovannareth and Hy Vuthy, and had drawn the Government’s attention to the fact that a climate of violence leading to the death of trade union leaders is a serious obstacle to the exercise of trade union rights. The Committee further recalls that in its last examination of this case it had welcomed the 31 December 2008 decision of the Supreme Court that ordered the release of Born Samnang and Sok Sam Oeun, pending the re-hearing of their case by the Appeal Court, as well as the reopening of the investigation into Chea Vichea’s murder. In this regard, the Committee notes the Government’s information that the 17 August 2009 decision of the Appeal Court, which, as had the Supreme Court’s decision, ordered the release of Born Samnang and Sok Sam Oeun on bail and further investigation into the murder of Chea Vichea. In view of the decisions of the Supreme Court and the Appeal Court, the Committee requests the Government to take the necessary measures to ensure that Born Samnang and Sok Sam Oeun are exonerated of the charges brought against them and that the bail be returned to them. Additionally, and recalling that two years have elapsed since the Supreme Court first ordered the reopening of the investigation into Chea Vichea’s murder, it once again urges the Government to ensure that a thorough and independent investigation is carried out expeditiously, so as to ensure that all available information will finally be brought before the courts in order to determine the actual murderers and instigators of the assassination of this trade union leader, punish the guilty parties and thus 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.
2. 327. The Appeal Court’s decision notwithstanding, the Committee is bound to deplore that the Government has once again failed to provide any information regarding the other aspects of the case. As a general matter, therefore, the Committee once again urges the Government to take measures to ensure that the trade union rights of workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free of intimidation and risk to their personal security and their lives, and that of their families. In respect of Thach Saveth, who the Committee recalls was sentenced to 15 years in prison for the murder of Ros Sovannareth, in a trial that lasted one hour and was characterized by breaches of procedural rules and the absence of full guarantees of due process of law, the Committee once again urges the Government to ensure that he may exercise his right to a full appeal as soon as possible, before an impartial and independent judicial authority, and to keep it informed of any pending appeals. Furthermore, and emphasizing once again that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the greatest extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 48], the Committee firmly expects that a full and independent investigation into the circumstances of the murder of Ros Sovannareth will finally be carried out so as to bring all relevant information before the courts.
3. 328. The Committee deplores that, in respect of the murder of Hy Vuthy, no information has been provided as to any progress made in investigating the circumstances of this murder or the determination of any guilty parties; such circumstances can only reinforce the feeling of impunity in relation to the murder of trade union leaders. The Committee once again urges the Government to immediately institute or reactivate a full and independent inquiry in this regard and to keep it informed of all progress made.
4. 329. The Committee once again urges the Government to provide information on the steps taken to implement the rest of its recommendations. In particular, it requests the Government to indicate the steps taken for capacity building of the judiciary and the institution of safeguards against corruption necessary for the independence and effectiveness of the judicial system.
5. 330. Recalling the allegations concerning acts of violence committed against several trade unionists, the Committee once again strongly urges the Government 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 developments in this respect.
6. 331. The Committee, recalling its previous recommendation, once again requests the Government to indicate the steps taken to prevent the blacklisting of trade unionists.
7. 332. Finally, the Committee once again requests the Government to inform it of the status of the appeal proceedings of Lach Sambo, Yeom Khun and Sal Koem San, as well as to indicate their current employment status.
8. 333. 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. 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.