A/HRC/45/51
in some cases with the manufacture of personal protective equipment, in response to new
demand. The Cambodian textile sector relies on imports to manufacture and produce its
exports. International trade restrictions and supply chain disruptions represent a risk to the
eventual outputs.
74.
The Government launched a stimulus package in response to the reduction in exports
and tourism. The Ministry of Labour and Vocational Training issued Instruction No. 045/20
on 17 April 2020, 72 in which it addressed the suspension of employment contracts and
contribution payments for the National Social Security Fund for those in the garment and
tourism sectors who are seriously impacted by the COVID-19 pandemic. In addition, the
Government and employers agreed to split the cost of the allowances paid to employees
whose contracts had been temporarily suspended. The Ministry of Tourism has also
implemented tax breaks for hotels, guest houses and restaurants affected, initially in Siem
Reap and then, by its Letter No. 11, to several other cities and towns. The Government is
encouraged to ensure that all supported businesses comply with the Guiding Principles on
Business and Human Rights.
75.
As an early sign of the shift from emergency response to recovery, on 10 June 2020,
the Government issued a circular for State institutions to reduce expenses in all sectors in
2021 to assist the economy to recover from the COVID-19 pandemic.73 This was prompted
by the need for prudent utilization of public resources as a result of the pandemic. It represents
a 50 per cent drop from the 2020 State budget. While sectors such as agriculture, industry
and service will see marginal increases, other sectors, including public administration, social
affairs and economics, will be reduced. The potential human rights impacts of such budget
cuts should be assessed before being implemented.
76.
The Special Rapporteur urges the State to remind all businesses trading with
Cambodia of their responsibilities in terms of the Guiding Principles on Business and Human
Rights,74 in particular respecting international labour standards and the rights of employees
and contractors. This includes businesses honouring agreed contracts of sale and supply.
V. Extraordinary Chambers in the Courts of Cambodia
77.
The work of the Extraordinary Chambers in Cambodia continues with four active
cases: the appeal to the Supreme Court Chamber of the conviction and sentence of Khieu
Samphan (case 002/2); and the pretrial proceedings in the cases against Meas Muth (case
003), Yim Tith (case 004) and Ao An (case 004/2).
78.
With respect to case 002/2, the appeal of Khieu Samphan is currently before the
Supreme Court Chamber. 75 His co-accused, Nuon Chea, died in August 2019 and so
proceedings against Mr. Chea were terminated.
79.
The three pretrial cases are in a problematic state. In each instance, the two coinvestigating judges issued separate and diametrically opposed closing orders: the national
co-investigating judge dismissed the charges, while the international co-investigating judge
indicted the accused. Appeals against these decisions have been filed in each case.
80.
In case of 004/2 against Ao An, the Pre-Trial Chamber held three days of hearings, in
June 2019, on the appeals against the two closing orders. On 19 December 2019, the PreTrial Chamber delivered its Considerations on Appeal against Closing Orders with all judges
agreeing that the issuance of two conflicting closing orders was illegal.76 The Chamber was
then split as to the legal consequence. The three national judges would have dismissed the
case, while the two international judges would have sent the case for trial. Neither position
72
73
74
75
76
16
https://ibccambodia.com/wp-content/uploads/2020/04/Instruction-045-on-Employment-Contract-andNSSF-Payment-Suspension_EN.pdf.
www.phnompenhpost.com/national/govt-implements-austerity-measures-assist-recovery.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25837&LangID=E.
www.eccc.gov.kh/en/case/topic/1298.
https://eccc.gov.kh/sites/default/files/documents/courtdoc/%5Bdate-in-tz%5D/D363_3_EN.PDF. See
also the comments provided by the Government pertaining to para. 80.
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