Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the Government's report, which refers to articles 15 and 16 of the new Labour Law, Chapter 1, section V, which were adopted by the National Assembly on 10 January 1997. Article 15 prohibits forced or compulsory labour. Article 16 prevents hiring of people for work to pay off debts.

Article 1(1) and Article 2(1) and (2)(d) and (e) of the Convention. 1. In its earlier comments, the Committee referred to Sub-Decree No. 10 SDEC of 28 February 1994 establishing a Workday for Irrigation and Agriculture which provides that all people, armed forces, officials and public servants have an obligation to perform irrigation work for 15 days a year, and students for seven days a year (section 3). In its earlier comments, the Committee noted the Government's statement that this Sub-Decree established a civic service for the purpose of restoring infrastructures in rural regions after annual disasters -- floods and drought; participation in this work was voluntary. The Government stated that, in practice, a single day's work was done in 1996, the persons carrying out this work receiving payment in kind and benefiting from an irrigation system for their paddy fields. In its latest report received in June 1998 the Government repeats its statement that the manual work for irrigation and agriculture provided for by the Sub-Decree does not mean forced or compulsory labour, and that it has never observed any kind of forced or compulsory labour in Cambodia.

2. The Committee recalls that the work under the Sub-Decree is compulsory for the whole population. Whilst noting the Government's statement that under section 15 of the new Labour Code of 1997 forced labour is prohibited absolutely in conformity with the provisions of Convention No. 29, the Committee again points out that the Sub-Decree, if implemented in accordance with its specific provisions, would enable labour which did not meet the exemptions of "minor communal services" or "emergency" to be exacted from persons against their will. It is therefore the specific provisions of the Sub-Decree which are not in conformity with the Convention. The Committee hopes that the Government will revise the Sub-Decree, as well as all the decisions taken under it so as to remove any ambiguity, and that it will be able to report, in the near future, on the measures taken or contemplated to ensure observance of the Convention in this respect.

Article 25. 3. In its earlier comments the Committee noted that, under section 369 of the new Labour Code of 1997, persons violating the provisions of section 15 on the prohibition of forced labour are liable to a fine of from 61 to 90 days' reference wages or imprisonment ranging from six days to one month. The Committee hopes that the Government will indicate what penalties are imposed under section 369 and describe any legal proceedings which have taken place.