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manual: women workers' rights and gender equality - International ...

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Card 1: No to Suppression of Freedom, Yes to Workers to Organize (picture No. 24)<br />

Convention 87: Freedom of Association <strong>and</strong> Protection of the Right to Organize, 1948<br />

Workers <strong>and</strong> employers must have the right to establish <strong>and</strong> join organizations of their own<br />

choosing with a view to defending <strong>and</strong> furthering their respective interests.<br />

Convention 98: Right to Organize <strong>and</strong> Collective Bargaining Convention, 1949<br />

Protection of workers who are exercising the right to organize; non-interference between workers’<br />

<strong>and</strong> employers’ organization; promotion of voluntary collective bargaining.<br />

Both Conventions are ratified by the Cambodian Government.<br />

The right to organize is also protected by the Constitution. Section 36.5 states that Khmer citizens<br />

of either sex shall have the right to form <strong>and</strong> to be members of trade unions.<br />

This is very important to informal sector workers. They can fight to get more <strong>rights</strong> by organizing<br />

themselves (see the session about Right to Organize for more details).<br />

In the Labour Code 1997 chapter 11 deals with Trade Union Freedom <strong>and</strong> Worker Representation<br />

in the Enterprise. Section 1 gives provisions about the right to form a union, section 2 deals with<br />

the protection of trade unions’ freedom <strong>and</strong> section 3 is about the representation of workers in the<br />

enterprise.<br />

Card 2: No to Forced Labour, Yes to Free Labour (picture No. 25)<br />

Convention 29: Forced Labour <strong>and</strong> C105: Abolition of Forced Labour<br />

To prohibit <strong>and</strong> suppress forced or compulsory labour in all its forms.<br />

Both Conventions are ratified by the Cambodian Government.<br />

Section 5 of chapter 1 in the Labour Code 1997 is about forced labour. Article 15 states: forced or<br />

compulsory labor is absolutely forbidden in conformity with the <strong>International</strong> Labour Convention no.<br />

29 on forced or compulsory labour. Article 16 says that hiring of people for work to pay off debts is<br />

forbidden.<br />

Card 3: No to Child Labour, Yes to Education (picture No. 26)<br />

Convention 138: Minimum Age<br />

No persons under the age of 15 are allowed to work<br />

Convention 182: Worst Forms of Child Labour<br />

To eliminate the worst forms of child labour. Among the worst forms of child labour are: all forms of<br />

slavery, prostitution or pornography, work which is likely to harm the health, safety or morals of<br />

children <strong>and</strong> illicit activities like trafficking or production of drugs.<br />

Convention 182 is not yet ratified by the Cambodian Government but Convention 138 is.<br />

In the Constitution, article 48 states that the State shall protect the <strong>rights</strong> of the children as<br />

stipulated in the UN Convention on the Rights of the Child (1989), in particular, the right to life,<br />

education, protection during wartime, <strong>and</strong> from economic or sexual exploitation. Children shall be<br />

protected from acts that are injurious to their educational opportunities, health <strong>and</strong> welfare (see the<br />

session on Child Labour for more details).<br />

55

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