MOTION FOR A RESOLUTION on Cambodia's draft laws on NGOs and trade unions
7.7.2015 - (2015/2756(RSP))
pursuant to Rule 135 of the Rules of Procedure
Cristian Dan Preda, Jeroen Lenaers, Andrzej Grzyb, Lara Comi, Ildikó Gáll-Pelcz, Jiří Pospíšil, Jarosław Wałęsa, Claude Rolin, Patricija Šulin, Thomas Mann, Marijana Petir, Bogdan Brunon Wenta, Tomáš Zdechovský, Tunne Kelam, Ivo Belet, Davor Ivo Stier, Eduard Kukan, Dubravka Šuica, Andrej Plenković, Barbara Kudrycka, József Nagy, Ramona Nicole Mănescu, Csaba Sógor, Pavel Svoboda, Luděk Niedermayer, Therese Comodini Cachia, Stanislav Polčák, László Tőkés, Giovanni La Via, Roberta Metsola on behalf of the PPE Group
See also joint motion for a resolution RC-B8-0689/2015
B8‑0695/2015
European Parliament resolution on Cambodia's draft laws on NGOs and trade unions
The European Parliament,
- having regard to its previous resolutions on Cambodia,
- having regard to the concluding observations on the second periodic report of Cambodia of the United Nations Human Rights Committee of 27 April 2015,
- having regard to the Report of the United Nations Special Rapporteur on the situation of human rights in Cambodia of 15 August 2014,
- having regard to the International Covenant on Civil and Political Rights of 1966,
- having regard to the Cooperation Agreement between the European Community and the Kingdom of Cambodia of 1997,
- having regard to Rule 135 of its Rules of Procedure,
A. whereas the Cambodian government has publicly announced that two draft laws, one on associations and nongovernmental organizations (NGOs) and one on trade unions, will soon be placed before the National Assembly for immediate passage, after which they will then go before the Senate and finally to the King for promulgation;
B. whereas the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association has stated that the civil society in Cambodia has been excluded from the process of drafting the Law on Associations and Non-Governmental Organizations (LANGO);
C. whereas several renowned NGOs have indicated that the LANGO follows previous attempts, later withdrawn in response to domestic and international opposition, to enact a law that would impose unwarranted restrictions on the rights to freedom of association and expression and create legal grounds on which to arbitrarily close or deny registration to politically disfavoured NGOs, including those employing human rights defenders;
D. whereas the draft law governing trade unions, would violate the right to organize and would severely limit the rights of independent trade unions, including existing unions; whereas he draft law sets an unreasonably high minimum threshold for the number of workers who must join before a union can be formed; whereas the draft law gives sweeping powers to Labour Ministry officials to suspend union registration on flimsy grounds and without due process;
1. Calls on the Government of Cambodia to withdraw the draft LANGO from consideration; believes that the current legislation already addresses legitimate government concerns about the operations of NGOs;
2. Calls on the Government of Cambodia to withdraw the draft law governing trade unions from consideration, publicly disclose the current draft, and consult with experts, and trade union members, to revise it to comply with international labour rights standards before resubmitting it for consideration;
3. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy to support the call for the withdrawal of the draft LANGO and the draft law governing trade unions, and to raise this question with the Government of Cambodia without delay;
4. Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the Association of Southeast Asian Nations Secretariat, the Government and National Assembly of the Kingdom of Cambodia.