Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C029

Observation

Demande directe

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Article 2(2)(a) of the Convention. Services exacted under compulsory military service laws. Referring to its previous comments, the Committee observes that the Khmer version of the Conscription Law of 2006, indicated by the Government as attached to its report, was not received. The Committee recalls that the Conscription Law requires all male citizens between 18 and 30 years of age to register for military service and that in 2009, a sub-decree was adopted regulating the conditions and procedures concerning a census for recruitment, conscription, delays for youth who are studying. The Committee therefore reiterates its request to the Government to provide a copy of the Conscription Law and its sub-decree.

Article 2(2)(c). 1. Prison labour. The Committee requested the Government to provide information on the application of section 71 of the Law on Prisons, 2011 according to which the General Director of the Prisons is entitled to enter into a contract to generate employment for the prison industry, handicraft and farming programmes. The Committee notes that the Government reaffirms that this section has not been applied in practice due to the lack of interest of private enterprises to invest in the employment of convicted prisoners. With regard to the nature and types of vocational and technical trainings provided, the Government indicates that training programmes are voluntary and that they have been implemented in the following forms: either (i) by each correctional centre and prison, under the supervision of prison officials and with the collaboration of skilled convicted prisoners, without a strict schedule or certificate of attendance; or (ii) in partnership with the Ministry of Education, Youth and Sport and the Ministry of Labour and Vocational Training, among others, with a specific schedule and the issuance of a certificate of attendance and grading. More than 1400 convicted prisoners participated in each of these programmes in 2020.

2. Compulsory labour exacted in drug rehabilitation centres. The Committee previously requested the Government to provide information on the measures taken to ensure that persons detained in drug rehabilitation centres against their will (at the request of their family or guardians or following a decision of an administrative authority) are not subject to any obligation to perform work, as well as on the number of persons involuntarily admitted in rehabilitation centres, in comparison with the number of those admitted at their own request.

The Government indicates once again that compulsory treatment and rehabilitation may be requested voluntarily by the individual; by parents or guardians; or by the competent authorities where the treatment and rehabilitation are necessary to protect the interests of society and the individual. The Government states that 7,565 drug users received treatment in 2020 in drug rehabilitation centres, of which 363 underwent treatment and rehabilitation according to a court order. The Government further states that it encourages drug users to receive treatment and rehabilitation in the community. The National Authority for Combating Drugs urged the provincial drug control committees to establish a community-based drug treatment coordination committee, in order to facilitate access to healthcare services in health centres and referral hospitals, and to promote community-based healthcare. The Government also indicates that individuals in rehabilitation centres receive life skills training and other vocational training such as hairdressing, cooking, computing, foreign language, agriculture and livestock.

The Committee takes notes of this information and observes that only a minority of drug users end up in drug rehabilitation centres according to a court order. It requests the Government to continue to ensure that drug users who are placed in drug rehabilitation centres by administrative authorities in the interest of the person or to protect public order and receive compulsory treatment and rehabilitation are not compelled to work. The Committee also reiterates its requests to the Government to provide copies of the relevant texts governing drug rehabilitation centres to which it has been referring in its report, including the Prakas No. 253 of 25 January 2012 on the implementation of the sponsorship policy for drug victims in the treatment and rehabilitation centre; the Prakas No. 965 of 24 August 2017 on requirements and procedures for establishing treatment and rehabilitation centre for drug addicts; and the Guidelines No. 6 of 25 June 2020 on treatment and rehabilitation of drug addicts management in the treatment and rehabilitation centre for drug addicts.Please continue to provide information on the number of persons admitted in rehabilitation centres, on a voluntary basis, at the request of their family or guardians, by the administrative authorities or following a court order.