To help Parliament abide by the international obligations binding on Cambodia, OHCHR has
reviewed the compatibility of the draft with the applicable international human rights law. While
freedom of association is provided for under a number of human rights instruments applicable in
Cambodia (see Annex), including several Conventions of the International Labour Organization,
the central points of reference are the following.


Article 22 of the International Covenant on Civil and Political Rights (the “ICCPR”, the
implementation of which is monitored by the United Nations Human Rights Committee,
or “HRCte”):
1. Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of his
interests;
2. No restrictions may be placed on the exercise of this right other than
those which are prescribed by law and which are necessary in a democratic
society in the interests of national security or public safety, public order
(ordre public), the protection of public health or morals or the protection of
the rights and freedoms of others.



Article 8 of the International Covenant on Economic, Social and Cultural Rights (the
“ICESCR”, the implementation of which is monitored by the United Nations Committee
on Economic, Social and Cultural Rights, or “CESCR”):
1.

The States Parties to the present Covenant undertake to ensure:
a.
The right of everyone to form trade unions and join the trade
union of his choice, subject only to the rules of the organization
concerned, for the promotion and protection of his economic and social
interests. No restrictions may be placed on the exercise of this right
other than those prescribed by law and which are necessary in a
democratic society in the interests of national security or public order or
for the protection of the rights and freedoms of others;
b.
The right of trade unions to establish national federations or
confederations and the right of the latter to form or join international
trade-union organizations;
c.
The right of trade unions to function freely subject to no
limitations other than those prescribed by law and which are necessary
in a democratic society in the interests of national security or public
order or for the protection of the rights and freedoms of others;
d.
The right to strike, provided that it is exercised in conformity
with the laws of the particular country.

2. This article shall not prevent the imposition of lawful restrictions on the
exercise of these rights by members of the armed forces or of the police or of
the administration of the State.
3. Nothing in this article shall authorize States Parties to the International
Labour Organisation Convention of 1948 concerning Freedom of
Association and Protection of the Right to Organize to take legislative
measures which would prejudice, or apply the law in such a manner as
would prejudice, the guarantees provided for in that Convention.

ILO Freedom of Association and Protection of the Right to Organise Convention (“ILO
Convention No. 87”, the implementation of which is monitored by the Committee on Freedom
of Association of the Governing Body of ILO, or “CFA/ILO”)
Article 2: Workers and employers, without distinction whatsoever, shall
have the right to establish and, subject only to the rules of the organisation

2 
 

Select target paragraph3