etc. The present draft law should, as its title suggests, set out a legal framework for the operation of trade unions as a vehicle for the exercise of the right to freedom of association and related rights. OHCHR observes that the application of the law only to “persons who fall within the provisions of the labor law” is more restrictive than article 36 of the Constitution, which establishes that “Khmer citizens of either sex shall have the right to form and to be members of trade unions”. The ILO Committee on the Application of Conventions and Recommendations (CEACR) called on the Government to ensure that “civil servants, teachers, air and maritime transport workers, judges and domestic workers would be fully guaranteed the rights enshrined in the Convention [No. 87]”,10 all of whom fall out of the scope of the Labor Law. Article 36 of the Constitution thus falls short of article 22 of the ICCPR and article 8 of the ICESCR under which Cambodia, as a State party to both treaties, has recognized the right of everyone to freely form and join trade unions of their choice. The draft law presents an opportunity to rectify the discrepancy to ensure conformity with international human rights law. In addition, the distinction of “personnel serving in the air and maritime transportation” would appear to have been added because they are not considered to be either workers under the Labor Law or employers, which would create gaps in every article of the draft law that does not explicitly include them. To ensure that no misunderstanding arises as to the relative importance accorded to all of the stated purposes and objectives, OHCHR suggests to state at the outset that the primary purpose of the law is to give effect to the highest law of the land by specifically referring to article 36 of the Constitution, as well as international human rights standards, with reference to article 22 of the ICCPR and article 8 of the ICESCR. By extending application to all persons, the draft law would clearly accord equal importance and treatment to the rights of employers and workers. This would preclude the need for draft article 3, which could be removed altogether, and the need to make a distinction of “personnel serving in the air and maritime transportation”. If not all persons will be covered by the law, it is recommended to include a phrase stating that for those workers who fall outside the provisions of this law, separate regulations shall be adopted to protect their right to form and join a trade union. Article 4: The key terms used in this law have the following definitions:  A professional organization refers to a voluntarily and jointly established team or group of workers and employers aiming to cooperate with one another to carry out activities or to develop their own procedural rules for achieving specific professional objectives or goals. By virtue of this law, a professional organization of workers is called a union, whereas a professional organization of employers is called an association of employers.  A shop steward is a workers’ representative elected through direct voting by workers.  A body of the electorate is an electoral body.  A union delegate is a union members’ representative elected through voting or appointed by his or her respective union.  A local union refers to a professional organization that is established by workers jointly and voluntarily in the locality of that enterprise or establishment.  A union federation refers to a professional organization, which is established jointly and voluntarily either by local unions within the same or similar                                                              10 Observation (CEACR) - adopted 2014, published 104th ILC session (2015). 6