A/HRC/45/51/Add.1
40.
As the world faces the Covid-19 pandemic, there are growing concerns about the
potential dangers to the nation and society which necessitates emergency actions. It is better
to have the law in place. Even if he does not need to use it now, it can be used when it is
needed.
II. Specific comments by paragraph
Paragraph 18
41.
The Government of the Kingdom of Cambodia highly appreciates the encouragement
of the Special Rapporteur pertaining to our supports to the recommendations by Argentina
and Chile during the third cycle of universal periodic review, in which we agreed to adopt
measures necessary to protect the rights of human rights defenders, trade unionists and
journalists and to investigate and punish those responsible for the threats and violence against
them and their families.
42.
Regarding the protection of trade unions, Article 67 of the Law on Trade Unions
(LTU) provides special protection from any dismissal without prior permission from the
Labour Inspector to not only the elected trade union leaders, but also the unelected
candidates. Furthermore, even though the administrative measures and the penalty provisions
under the LTU provide for only the written warning and transactional fine, the LTU is not
the obstacle to execute other criminal laws.
43.
Article 95 of the LTU provides that “[t]he application of the provision of Chapter 15
(Administrative Measures and Penalties) of this law shall not bar the application of other
criminal laws, provided that the violation of the provision of this law is an offence defined by
other criminal laws.”.
44.
In connection with this provision, the violence and discrimination against worker
unions are deemed as a criminal offence which is stipulated in Article 217, Article 267 and
other articles of the Criminal Code. Therefore, in addition to the fines imposed by the LTU,
they can claim for compensation for any damage as a result of unfair labour practice. The
employer will also face imprisonment if their actions are constituted as the violence and
discrimination against worker unions.
45.
In respect of the rights to strike, it is widely understood that the right to strike provided
for by the ILO Convention 87 is subject to the domestic law of each country.
46.
In this regard, as a signatory of the ILO Convention 87, Cambodia fully respects the
right to strike. And in consistent with ILO Convention 87, article 37 of the Cambodian
Constitutional Law specifies that “the right to strike and to non-violent demonstration shall
be implemented in the framework of law”.
47.
Based on this provision, it is pretty clear that trade unions and workers shall respect
the strike procedure as provided for by the Labor Law. This legislation prohibits any violent
actions during strike or demonstration. And as decided by the Freedom of Association
Committee of the ILO Governing Body, the principles of freedom of associations do not
protect the abuses consisting of criminal acts while exercising the right to strike.
48.
In Cambodia, neither worker nor trade unionist has ever been arrested because of their
participation in a peaceful strike. As long as they exercise their rights within the legal
framework, Cambodia has very strong mechanisms and legislation to safeguard and provide
them an adequate protection.
Paragraph 20
49.
“Between April and May 2020, the Special Rapporteur was informed that the
Government revoked the licenses of Facebook-based media TVFB, CKVTV and Rithysen
Radio Station of three media outlets, under claims that the outlets were publishing
information which exaggerated, contains incitement to violence, provocation to commit
discrimination and provocation to cause social insecurity and chaos”. However, before
deciding to revoke those licenses, the Ministry of Information had informed and
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