A/HRC/27/70
he regrets the violence to which they were subjected and issued a statement urging calm
and calling for an investigation into the incident.
23.
With regard to the question of minimum wage that has been at the centre of recent
labour disputes, the Special Rapporteur viewed with concern the inability of the existing
mechanism to set a minimum wage that responded to the needs of both workers and
employers on the basis of objective data. The existing mechanism — the tripartite Labour
Advisory Committee which advises the Ministry of Labour ��� has reportedly been more of
a forum for undertaking negotiations than for providing technically sound analysis and
advice. The Special Rapporteur thus welcomes the encouraging signs that a mechanism
might soon be established that will be more transparent and participatory than has been the
case to date.
24.
In his interaction with various stakeholders on labour issues, the Special Rapporteur
was concerned to hear that some workers and trade union leaders had faced threats and acts
of intimidations as a result of their involvement in industrial actions. In that connection, he
is alarmed by the upsurge of judicial intimidation of union activists in April and May,
which included arrests in Kandal, Kampong Speu and Takeo provinces, as well as the
imposition of an unprecedented bail bond of US$25,000 in the case against the leader of the
country’s largest independent union, Ath Thun, who faced incitement charges that were
later dropped in July 2014.
25.
The Special Rapporteur maintains his view that the human rights situation in
Cambodia, viewed from a long-term perspective, is heading in a generally positive
direction. That is due mostly to the emergence of an emboldened population who came
forward en masse to express its views in 2013. It did so in an impressive, disciplined way,
despite the acts of stone-throwing and the destruction of property by some protesters, and
fortified barriers and the presence of armed security forces. He believes that the general
population experienced a political awakening in 2013 and is consequently hopeful that new
ways will be found to meet the rising expectations of the increasingly aware and demanding
Cambodian people. He notes with satisfaction that the supporters of the ruling party, who
by the official election results amount to about half of the population, have also shown
tolerance towards the opposition by generally not acting out on the threats occasionally
made about holding counter-demonstrations, albeit with several notable exceptions. The
Special Rapporteur underscores that openness, tolerance and spirit of common purpose, in
full recognition of the right of to disagree with one another, are essential foundations for a
functional democracy.
26.
On the other hand, that generally positive trend has not been accompanied by any
significant changes in the general architecture of governance. Several major initiatives have
been announced and some have been enacted, but the level of implementation remains to be
assessed. On the contrary, developments in the areas of judicial reform, the restrictive
direction in which the law-making process generally appears to be headed, the continued
restrictions on freedom of expression and assembly, and the lack of investigations into the
use of excessive force by security forces since last September all cast doubt on the prospect
for meaningful reform, and the two main parties must now overcome those obstacles.
B.
Communications sent to the Government
27.
During the reporting period, the Special Rapporteur addressed a number of
communications to the Government on specific cases of concern as outlined below.
28.
On 27 September 2013, a joint urgent appeal was sent with the Special Rapporteur
on the promotion and protection of the right to freedom of opinion and expression, the
Special Rapporteur on the rights to freedom of peaceful assembly and of association, the
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