Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Cambodge (Ratification: 1969)

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Observation

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the adoption of the Law on Suppression of Human Trafficking and Sexual Exploitation (2008), and requested information on its application in practice.

The Committee notes the Government’s statement that it has taken measures to prevent and suppress trafficking in persons, as well as to rescue victims and punish perpetrators. The Government states that it disseminates and distributes educational materials concerning the relevant legislation and international legal norms, as well as on the deceitful methods used by the perpetrators of trafficking. The Committee also notes the Government’s statement that the National Committee to Lead the Suppression of Human Trafficking, Smuggling, Labour Exploitation and Sexual Exploitation in Women and Children (STSLS) has established a national action plan for 2011–13 on the suppression of human trafficking and sexual exploitation. The Government states that the STSLS cooperates with groups at the national, provincial and municipal levels, as well as with ministerial working groups and the authorities responsible for the implementation of memoranda of understanding (MOUs) with other countries in the region. In this regard, the Government indicates that it engages in regional cooperation to protect victims of trafficking. In addition, the Committee notes the Government’s statement that the Village/Commune Safety Policy is playing a crucial role in the implementation of activities to combat human trafficking.

The Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 12 June 2009, expressed serious concern regarding reports that an estimated 400–800 Cambodian women and children are trafficked to foreign countries per month, as well as regarding the low number of prosecutions and convictions of traffickers (E/C.12/KHM/CO/1, paragraph 26). The Committee further notes that the Committee against Torture, in its concluding observations of 20 January 2011, expressed concern regarding reports that a high number of women and children continue to be trafficked from, through and within the country for purposes of sexual exploitation and forced labour (CAT/C/KHM/CO/2, paragraph 22). The Committee urges the Government to strengthen its efforts to combat trafficking in persons, including within the framework of the national action plan 2011–13 on the suppression of human trafficking and sexual exploitation, and to provide information on the measures taken in this regard. It requests the Government to provide information, in its next report, on the application of the Law on Suppression of Human Trafficking and Sexual Exploitation (2008) in practice, including the number of investigations, prosecutions, convictions and specific penalties imposed. It further requests the Government to indicate the measures taken to provide training to law enforcement officials, including labour inspectors, on the phenomenon of trafficking. Lastly, the Committee requests the Government to supply information on the specific measures taken to provide protection and assistance to victims of trafficking, as well as the results achieved.

2. Vulnerability of migrant workers to conditions of forced labour. The Committee notes the information in the report of the International Trade Union Confederation (ITUC) entitled “Internationally Recognised Core Labour Standards in Cambodia: Report for the WTO General Council Review of the Trade Policies of Cambodia” of November 2011 that migrant workers from Cambodia are vulnerable to situations of forced labour, particularly women domestic workers in Malaysia and men on fishing boats in Thailand. This report also indicates that the national legislation on recruitment, placement, and protection of migrant labour is limited and outdated. This report further states that Cambodian migrant workers are generally not aware of their rights during their work abroad, although the Ministry of Labour began providing pre-departure training on rights in 2011. The Committee also notes that the Government is in the process of developing an MOU with the Government of Malaysia concerning migrant domestic workers.

The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore requests the Government to provide information on the measures taken to ensure that migrant workers are protected from abusive practices and conditions that amount to the exaction of forced labour. In this regard, the Committee requests the Government to provide information on measures adopted specifically tailored to the difficult circumstances faced by migrant workers, including measures to prevent and respond to cases of abuse of migrant workers. It further requests the Government to provide copies of the legislation relevant to migrant workers with its next report.

3. Work exacted in drug rehabilitation centres. The Committee notes that in 2006, a Circular on the Implementation of Education, Treatment and Rehabilitation Measures for Drug Addicts was issued, stipulating that local authorities must establish compulsory drug treatment centres. The Committee also notes the information in a World Health Organization report entitled “Assessment of compulsory treatment of people who use drugs in Cambodia, China, Malaysia and Viet Nam” that the majority of persons in these drug detention centres in Cambodia are not there voluntarily; they may be admitted following legal procedures, on the request of their families, or simply following arrest. The Committee further notes that the Committee against Torture, in its concluding observations of 20 January 2011, expressed concern at continuing reports of round-ups by law enforcement officials in the streets and the subsequent holding of people, including sex workers, people who use drugs, homeless people, beggars, street children and mentally ill persons in social affairs centres against their will and without any legal basis and judicial warrant (CAT/C/KHM/CO/2, paragraph 20). Lastly, the Committee notes the information from the United Nations Office on Drugs and Crime that there have been reports that persons in these drug rehabilitation centres are engaged in compulsory labour. In this regard, the Committee recalls that, according to Article 2(2)(c) of the Convention, work can only be exacted from a person as a consequence of a conviction in a court of law. It therefore requests the Government to provide information on how persons enter drug rehabilitation centres and social affairs centres, and whether persons detained in these centres are required to engage in work. It requests the Government to provide copies of the relevant legislation and regulations governing drug rehabilitation centres, with its next report.

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