A/HRC/45/51/Add.1 Government of the Kingdom of Cambodia welcomed all requests and comments from relevant parties to improve the • Regarding the implementation of Article 10 “Structure of Worker Unions and Employer Association and Affiliates with Trade union and Employer Association”, the relevant parties agreed on the minimum requirement of members to form a trade union as stipulated in this article. It is important to note that since the adoption of the LTU, we have never received any comments from the ILO regarding this article, and this article does not contravene the ILO Convention. As of October 2019 (the time of the amendment), before and after the adoption of the LTU, the MLVT has registered 5,184 trade unions, comprising of 4,931 local trade unions, 211 federations of trade unions, 31 confederations of trade unions and 11 employer associations. With this increasing figure, it is an undisputable fact that the minimum requirement to form a union does not constitute any barriers to its establishment. • Article 13 sets out minimum requirements for trade unions to constitute their statute and also serves as guidance for establishing trade unions. One of the requirements of this article regarding the determination of meeting quorum by absolute majority (at least 50% +1) of its total members for decision making meeting on strike, modification of its statute and general assembly of worker unions is not of any challenge in implementation. The setting of this requirement is to ensure the democracy and mutual interests of the members of trade unions. Without this requirement, the interests of majority members of trade unions can be adversely affected by the voice of the minority members in the event that they wish to strike. • Article 14 provides that the trade union registration is solely a formality and to obtain legal personality. Without legal personality trade union shall be incapable to perform any act legally recognized under the law to protect the interests and rights of the trade union, particularly its members. The request to revise this article to add special protection for workers who are former unionists is not necessary because the special protection is already stipulated in articles 43 and 67 of the LTU. • Article 43 provides for the appeal against the labour inspector’s decision on dismissal case to the Minister of the Ministry in charge of labour. This is the legitimate hierarchical appeal mechanism. The appeal to the Arbitration Council against the said decision proposed by few worker unions is not valid in terms of administrative complaint procedure. The mandate of the Arbitration Council under the Labour Law is to settle collective labour disputes. • Article 47 provides that the complaints related to the election, the right to stand for election, and the irregularity of the election of the shop stewards shall be referred to the Labour Court to settle. This provision aims to protect the rights of workers and to guarantee an impartial, objective and expeditious procedure.3 Moreover, this type of complaint is not an administrative complaint which shall be lodged to the Minister of the Ministry in charge of labour. Therefore, the request to refer this complaint to the Minister is not valid. • Article 67 shall be read together with article 43, where workers and representatives of worker unions obtain fully special protection from dismissal. The request to include a paragraph, “The Ministry in charge of labour shall lodge the complaint to the court to enforce its decision in case the employer fails to abide by the decision” into this article is not necessary because this proposed mechanism already exists in the Labour Law and regulations as well as in practice. 105. In conclusion, the Government has made sufficient progress towards compliance with internationally recognized worker rights. And the amendment of the LTU (LTU) has been made after a series of thorough consultations with tripartite stakeholders and the International Labour Organization (ILO). 106. The concerns of the Special Rapporteur do not reflect the actual meaning and spirit of the amendment because they seem to be still based on the old provisions of the LTU. We; therefore, would like to strongly suggest the Special Rapporteur to thoroughly read amendment again. 20