Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Cambodge (Ratification: 1999)

Autre commentaire sur C111

Observation

2023

Demande directe

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Article 1 of the Convention. Scope of application. Workers excluded. The Committee recalls that the Labour Law of 1997 excludes from its scope of application certain categories of workers, namely judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic and household workers. The Government clarified that these categories of workers are protected against discrimination in employment and occupation on the grounds set out in the Convention under the following provisions: article 31(2) of the Constitution, which protects all Khmer citizens from discrimination; article 36(1), which protects their right to freely chosen employment; and articles 267, 268 and 269, in conjunction with section 265 of the Criminal Code, which penalizes discrimination in recruitment and dismissal as a criminal offence subject to civil and criminal penalties. The Committee notes that the Government does not provide any information in response to its request for further clarification regarding the protection of such excluded workers. It recalls that: (1) where certain categories of workers are excluded from general labour law, including non-citizens, it needs to be determined whether special laws or regulations apply, and whether they provide the same level of rights and protection as the general provisions; (2) constitutional provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation; and (3) in general, addressing discrimination issues only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, particularly since much of the information needed in cases related to equality and non-discrimination is in the hands of the employer (see 2012 General Survey on the fundamental Conventions, paragraphs 733, 742, 792 , 851 and 885). The Committee therefore reiterates its request for: (i) information on how the categories of workers excluded from the Labour Law are specifically protected against discrimination in employment and occupation on all the grounds set out in the Convention, including any laws or regulations adopted or envisaged, covering specific categories of workers; and (ii) clarification about whether the term “Khmer” in the Constitution includes ethnic minorities (such as citizens of Chinese or Vietnamese origin). If this is not the case, the Committee asks the Government to indicate how the right to equality of treatment and non-discrimination in employment and occupation of citizens of ethnic minorities is protected in practice.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that the third National Action Plan on the Prevention of Violence against Women (2019–23) sets out to promote a safe and harassment-free environment in the workplace and to improve access to justice for victims, among other things. The Plan envisages, in particular, the development and implementation of policies, protocols, and mechanisms for the elimination of violence and harassment in the workplace. The Committee also notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that violence and harassment, including sexual harassment, in the workplace are reportedly prevalent in Cambodia, particularly in the garment industry and while commuting to and from work (CEDAW/C/KHM/CO/6, 12 November 2019, paragraph 36). The Committee requests the Government to provide specific information on: (i) the measures taken under the National Action Plan on the Prevention of Violence against Women (2019–23) to prevent and address sexual harassment in employment and occupation, and the results achieved, including information on awareness-raising activities for social partners and enforcement officials; and (ii) the mechanisms established to ensure access to justice for the victims, and their outcomes, such as the number of complaints examined, the sanctions imposed and the remedies granted.

Article 1(3). Discriminatory recruitment practices. The Committee recalls that sections 12 and 369 of the Labour Law and sections 265, 267 and 268 of the Criminal Code establish the strict prohibition of discriminatory recruitment, subjecting violators to civil and criminal penalties. The Committee reiterates its request for information on the application in practice of sections 12 and 369 of the Labour Law and sections 265, 267 and 268 of the Criminal Code, and on the obstacles encountered in their implementation, as well as any claims filed with the courts or administrative authorities concerning cases of discrimination regarding these provisions, including court cases of discriminatory recruitment practices, such as job advertisements for positions for only men or only women.

Articles 2 and 3. Equal access of women to employment and occupation. The Committee notes that the Government refers to: (1) the Strategic Plan for Gender Equality and Women's Empowerment (2019–23) (Rattanak 5); (2) the Gender Policy and Action Plan of the General Department of Technical and Vocational Education 2017-2026; and (3) the National Employment Policy 2015-2025 which promotes women’s education in the field of technical and vocational training. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the persistent inequality between men and women, which is deeply rooted in gender stereotypes in families and society, impeding women from fully enjoying their economic, social and cultural rights, in particular their access to decent work (E/C.12/KHM/CO/2, 27 March 2023, paragraph 22). It also notes the concerns expressed by the CEDAW about, among other things: (1) the high concentration of women in low-wage and unskilled jobs, including in the textile, garment and footwear industries and the construction sector, where women are employed on short-term or fixed-duration contracts; (2) the high concentration of women in the informal employment sector, including domestic work, where they continue to be excluded from labour and social security protection, such as minimum wages, overtime compensation and maternity leave; and (3) the limited opportunities for women to pursue their careers in the formal employment sector, owing to the disproportionate burden of household and childcare responsibilities placed on them (CEDAW/C/KHM/CO/6, 12 November 2019, paragraph 36). The Committee requests the Government to step up its efforts to promote equal access of women to employment and occupation, in both urban and rural areas, and to provide specific information on the action taken in this regard. It also encourages the Government to undertake an assessment of the results achieved through the Strategic Plan for Gender Equality and Women’s Empowerment (2019–23) and other relevant policies, programmes and plans, and to provide information on its findings, including information on the main challenges identified and the ways forward envisaged. Please also provide updated statistics disaggregated by sex on the distribution of women and men in the various sectors of the economy.

Equal access of women to education. The Committee notes, from the concluding observations of CEDAW: (1) the progress made in promoting equal access of women to education, like increasing the literacy rate among women and girls and the enrolment rate of girls in primary education; (2) the inadequate number of secondary schools, particularly in rural areas; (3) the low enrolment rate of women in higher education, as well as their concentration in fields of study that are traditionally dominated by women; and (4) the inadequate gender sensitivity in technical education, vocational training and life skills programmes, which reinforces discriminatory gender stereotypes and leads to the underrepresentation of girls and women in non-traditional fields of study and career paths, such as science, technology, engineering and mathematics (CEDAW/C/KHM/CO/6, 12 November 2019, paragraph 34). The Committee requests the Government to provide information on the measures taken to address the current challenges impeding women’s and girls’ access to higher education and a wider range of fields of study, including those traditionally dominated by men, and to provide information on the results achieved.

Ethnic minorities. The Committee notes the concerns expressed by the United Nations Human Rights Committee about the discrimination and systemic exclusion faced by ethnic minorities, in particular Khmer Krom and Cambodians of Vietnamese origin (CCPR/C/KHM/CO/3, 18 May 2022, paragraph 14). The Committee also notes from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that: (1) people of Vietnamese origin face lack of access to education and employment; and (2) some Khmer Krom continue to be denied legal documents in practice, which puts them at risk of statelessness and leads to discrimination and barriers in accessing land, employment, education, healthcare and basic services (CERD/C/KHM/CO/14-17, 30 January 2020, paragraphs 23 and 25). The Committee requests the Government to provide information on the steps taken to ensure that members of ethnic minorities, in particular Khmer Krom and Cambodians of Vietnamese origin, enjoy equality of opportunity and treatment in employment and occupation.

Access to education irrespective of race, colour and national extraction. The Committee notes from the Government’s report to the CESR that it has adopted the Multilingual Education National Action Plan 2019–23. It notes in particular that a multilingual educational programme has been implemented in 18 districts in the following provinces: Ratanakiri, Strung Treng, Mondulkiri, Preah Vihear, and Kratie. It also notes that the multilingual educational programme is implemented from grades 1 to 3 (E/C.12/KHM/2, 7 August 2020, paragraphs 36–37). The Committee asks the Government to provide information on the implementation of the Multilingual Education National Action Plan and its impact on the enrolment, retention and completion rates of members of indigenous peoples and ethnic minorities and their access to employment and occupation on an equal footing with the rest of the population.

Article 5. Special measures to promote equality. The Committee recalls that section 11(6) of the Law on the Common Statute of Civil Servants of 1994 provides that candidates belonging to ethnic minorities coming from remote regions, as well as women, may benefit from facilities and prioritized measures of recruitment. It also recalls that the Guidelines issued by the State Secretariat of the Civil Service of 2008 provides for temporary special measures targeting between 20 and 50 per cent of women among all new recruits. The Committee again requests the Government to provide information on the practical application of section 11(6) of the Law on the Common Statute of Civil Servants and the Guidelines issued by the State Secretariat of the Civil Service, and their impact on promoting equality for ethnic minorities and women in the civil service.

Enforcement. While noting the Government’s indication that the Labour Inspection Checklist includes the verification of discriminatory practices in the workplace, the Committee reiterates its request for information on: (i) any measures taken to raise the awareness of workers and employers and their organizations of the principles of the Convention, and of available avenues of dispute resolution; (ii) any specific training undertaken or envisaged to increase the capacity of labour inspectors and others responsible; and (iii) updated information on the number, nature and outcome of employment discrimination cases dealt with by the competent authorities, including any sanctions imposed and remedies granted.