of the rights and the moral and material interests, both collectively and individually, of the persons covered by union or employer association statutes. Workers have the right to:        Take part in the formation of a union; Be a member of a union and under its rules; Participate in the legitimate activities of that union of which he or she is a member; Seek and hold an office in any union of which he or she is a member and under its rules; Take part in the election of representatives at the workplace where there is a regulation stipulating such election; Be elected or appointed and serve as a workplace representative when there is a regulation stipulating for such election or appointment; and Exercise any other rights provided for in this law. Employers have the right to:      Take part in the formation of an employers’ association; Be a member of any such association according to its rules; Participate in the legitimate activities of such association of which they are a member; Hold an office in that association according to its rules; and Exercise any other rights provided for in this law. Any unions or employer associations that include both employers and workers are forbidden. Comments: According to articles 2 and 3 of the ILO Convention No. 87, workers and employers have a right to join a union or association without previous authorization. Under the ICCPR and ICESCR, they are also entitled to exercise other rights established in these treaties, including article 21 of the ICCPR regarding the right of peaceful assembly, as well as articles 7 and 8 of the ICESCR regarding the rights to strike, to receive fair wages and equal remuneration, decent living, safe and healthy working conditions, rest, leisure and reasonable limitation of working hours, among others. According to the rulings of the European Court on Human Rights, “that citizens should be able to form a legal entity in order to act collectively in a field of mutual interest is one of the most important aspects of the right to freedom of association, without which that right would be deprived of any meaning”.13 OHCHR suggests removing the phrase “for the exclusive purpose of” in the leading paragraph, which would unduly restrict the right of the organizations to freely decide on their activities and programmes, protected by Convention No. 87, and also because the list presented in the article excludes internationally accepted rights, including the right to strike. OHCHR recommends revising the last phrase to read as follows: “Exercise any other rights as provided for in this law and relevant international instruments to which Cambodia is a State Party.” Article 6: All workers or employers, regardless of race, color, sex, creed, religion, political opinion, nationality, social origin, or health status are free to be members of the union of their choice. No one, including any union, shall interfere with this right. Comments: OHCHR welcomes the non-discrimination clause found in article 6, as a way of protecting those who wish to form or join a union. However, several criteria included in                                                              13 European Court of Human Rights, App. No. 26695/95, 10 July 1998. 8