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Proposition de résolution - B8-0691/2015Proposition de résolution
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MOTION FOR A RESOLUTION on the Cambodia's draft laws on NGOs and trade unions

7.7.2015 - (2015/2756(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Ignazio Corrao, Fabio Massimo Castaldo, Marco Zanni on behalf of the EFDD Group

See also joint motion for a resolution RC-B8-0689/2015

Procédure : 2015/2756(RSP)
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European Parliament resolution on the Cambodia's draft laws on NGOs and trade unions


The European Parliament,


– having regard to its previous resolutions on Cambodia, in particular those of 19 January 2006, 23 October 2012 and 15 January 2014,


– having regard to the EU ‘everything but arms’ (EBA) trade scheme, which allows all least developed countries (LDCs), including Cambodia, unhindered access for all it’s exports, except arms, to the EU


– having regard to the 1997 Cooperation Agreement between the European Community and the Kingdom of Cambodia,


– having regard to the Cambodian Constitutional Council of 2007 recognition that International Human Rights Treaties form part of domestic Law,


–having regard to the statement by United Nations human rights expert Maina Kiai of 22 May 2015 concerning the Cambodian draft Law on Associations and Non-Governmental Organizations (LANGO),


– having regard to the EU Guidelines on Human Rights Defenders,


– having regard to the EU Human Rights Guidelines on Freedom of Expression,


– having regard to International Labour Organization (ILO) Convention No. 87 on Freedom of Association,


– having regard to International Labour Organization (ILO) Convention No. 98 on the Right to Organise and Collective Bargaining,


– having regard to the Universal Declaration of Human Rights of 10 December 1948,


– having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966,


– having regard to Rules 123 and 135 of its Rules of Procedure,



A. Whereas after the signature of the Paris Peace Agreements in October 1991Cambodia made significant progress in strengthening democracy, human rights and the rule of law after two decades of conflict and civil war,



B. Whereas after the general elections held in July 2013 the Cambodian Government has increased criticism and constraints on civil society organizations engaged with human rights, advocacy and transparency issues,


C. Whereas the Cambodian Government has totally excluded the civil society from the process of drafting a law regulating civil society in Cambodia,


D. Whereas the right of freedom of expression is established on article 41 of Cambodian Constitution and the right of political participation is established on article 35 of the Cambodian Constitution,


E. Whereas the draft Law on Associations and Non-Governmental Organizations (LANGO) establishes as mandatory the registration and criminalizes all actives by unregistered membership organizations,


F. Whereas the Cambodian Government through the Ministry of the Interior has full discretion over mandatory registration approval for all domestic and international associations and non-governmental organizations (NGOs), with a strong discretional political power,


G. Whereas the draft trade union law excludes various categories of workers, including domestic workers and other workers in the informal economy from forming union,


H. Whereas the draft trade union law sets an unreasonably high minimum threshold for the number of workers who must join before a union can be formed,


I. Whereas the bill contains eligibility criteria for union leadership that discriminate against women and non-nationals,


J. Whereas in the new draft law the power to decide whether a strike is illegal is vested with a labor inspector, an administrative officer, instead of an independent body,


K. Whereas the EU is Cambodia’s single largest donor with a new allocation for the period 2014-2020 of EUR 410 million,





1. Calls on the Cambodian Government to evaluate the suspension of the upcoming publication of the Law on Associations and Non-Governmental Organizations (LANGO);


2. Requests the Cambodian Government to restart a transparent consultation legislative process involving relevant civil society stakeholders, to ensure that the draft Law on Associations and Non-Governmental Organizations (LANGO) corresponds to Cambodia's constitutional and international human rights obligations;


3. Asks the Cambodian Government to make the draft trade union law open to public scrutiny and consultation;


4. Calls on the Cambodian Government to assure that the draft trade union law fully respect Cambodia’s obligations under ILO Convention No. 87 and 98;


5. Calls on the Vice-President / High Representative to address these issues at the highest possible political level in her contacts with Cambodia and with other ASEAN member countries;


6. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Government and Parliament of Cambodia, the Secretary-General of ASEAN, the ASEAN Intergovernmental Commission on Human Rights, the UN Human Rights Council and the governments and parliaments of other states in the region.