Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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. The Committee previously requested the Government to continue to take measures to ensure that thorough investigations and prosecutions are carried out in cases of trafficking in persons, and to provide information on the measures taken to protect and assist victims of trafficking.

The Government indicates in its report that, according to the 2019 report of the National Committee for Counter Trafficking (NCCT), the results of the fight against trafficking in persons for forced labour and sexual exploitation demonstrate progress, as compared to 2018. In 2019, legal proceedings were initiated in 103 cases, convictions were handed down in 63 cases and 140 perpetrators were sentenced to imprisonment. The Government also states that the NCCT conducted 163 training courses, benefiting 6,894 participants to strengthen the capacity of focal points and law enforcement officers relating to issues such as trafficking in persons, safe migration and victim identification. In addition, 37 workshops on law enforcement in the area of trafficking in persons were held, with 3,160 participants.

The Government also refers to the adoption of the National Strategic Plan for Counter Trafficking in Persons 2019-23, on the basis of which it commits to protect identified victims of trafficking and to expand access to information and social services, including psychological support, legal assistance, financial support, and employment and documentation assistance, in order to encourage long-term integration. The Committee notes in this regard that the National Strategic Plan 2019–23 includes four strategic objectives, namely: (i) strengthening cooperation; (ii) promoting prevention; (iii) promoting law enforcement; and (iv) strengthening the protection of victims.

The Committee further notes that, in its concluding observations of 18 May 2022, the United Nations Human Rights Committee expressed concerns about reports of a lack of adequate protection for victims of trafficking, despite the significant efforts made to eliminate trafficking in persons (CCPR/C/KHM/CO/3, paragraph 30). The Committee encourages the Government to pursue its efforts to prevent and combat trafficking in persons and requests it to continue to provide information on the number of cases of trafficking identified and investigated, as well as on the number of convictions handed down and the penalties imposed on perpetrators. The Committee hopes that the Government will take the necessary measures to implement the four strategic objectives of the National Strategic Plan for Counter Trafficking in Persons 2019–23 and requests it to provide information on the assessment of the measures taken, the results achieved and the difficulties encountered. Lastly, the Committee requests the Government to pursue its efforts to provide assistance and protection to victims of trafficking, and to indicate the measures taken in this regard and the number of victims who have benefited from such measures.

2. Vulnerability of migrant workers to conditions of forced labour. The Committee previously requested theGovernment to continue its efforts to prevent migrant workers from Cambodia from becoming victims of abusive practices and conditions that could amount to forced labour in receiving countries, including Thailand and Malaysia. The Committee notes the Government’s indication that it signed two Memorandums of Understanding (MoU) and a bilateral Agreement on labour and trafficking with Thailand, the principal destination country. It also signed the MoU on the Recruitment and Employment of Workers and the MoU on the Recruitment and Employment of Domestic Workers with Malaysia. It further states that the two Governments are working closely together to finalize the Standard Operating Procedures for sending Cambodian migrant workers to Malaysia. The Government reports that in 2020, there were 1,220,197 Cambodian migrant workers in Thailand and that through the action of the Committee for providing legalization to Cambodian workers who are staying and working in Thailand, approximately 1.07 million migrant workers were provided with proper legal documents to reside and work in Thailand by June 2018.

The Government also indicates that in 2020, 12 inspections were carried out in private recruitment agencies – two private agencies were given warnings and one had its operating licence revoked. The Ministry of Labour and Vocational Training received 21 complaints from migrant workers, of which 14 were resolved, four were cancelled and three are ongoing. The Government also refers to the adoption of the Cambodian Labour Migration Policy 2019–23, which has three main goals, namely strengthening migration governance, protecting and promoting the rights of migrant workers, and linking labour migration to socioeconomic development. In this framework, the Government will coordinate and collaborate with Myanmar, Laos and Thailand to develop a standard employment contract for migrant workers in the fishery sector. In addition, the Government has appointed a number of labour attachés to destination countries such as Thailand, Malaysia, South Korea and Japan in order to promote and protect the rights of migrant workers, including by ensuring that they are protected from labour exploitation and discrimination, and by assisting them regarding employment contracts, working conditions, legal documents and social protection.

The Committee also notes from the Rapid Assessment on Social and Health Impact of Covid-19 Among Returning Migrant Workers in Cambodia of the United Nations Covid-19 Response and Recovery Fund that 14.7 per cent of survey respondents reported some form of employment abuse, including withholding of wages, false promises, excessive working hours, withholding of identity/travel documents and psychological abuse.

While taking due note of the measures taken by the Government to enhance the protection of Cambodian migrant workers and prevent them from being caught in abusive practices and conditions of work that could amount to forced labour, the Committee requests it to step up its efforts in this regard. The Committee requests the Government to continue to provide information on further measures taken in this regard and in particular with a view to: (i) providing training and information to candidates for migration on regular and safe recruitment channels, labour rights and the risks of forced labour associated with migration; (ii) ensuring that migrant workers have access to complaints mechanisms to assert their rights when they face exploitation and abusive practices and that they receive protection and compensation; and (iii) increasing the number of inspections undertaken to monitor the recruitment and placement agencies. Please provide information on the number of migrant workers assisted and abuses identified.

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