Decent Work Country Programme Cambodia (2011-2015) 1|Page Preface The ILO has been a partner in Cambodia’s economic and social recovery since the early 1990s. It supports the efforts of its tripartite constituents – Government, Workers’ Organizations and Employers’ Organizations – and other partners in development to expand opportunities for decent and productive employment, to improve the effectiveness of social dialogue between employers and workers, to strengthen and widen the scope and coverage of social protection, and to promote social justice and equity for all groups in society. The ILO works in Cambodia and around the world to promote Decent Work - productive work in conditions of freedom, equity, security and human dignity – in order to reduce poverty and secure social justice. Decent Work comprises four mutually-supporting components: (i) upholding fundamental rights at work; (ii) ensuring adequate livelihoods, and creating more and better jobs for women and men; (iii) providing social protection, (including the right to a safe work environment); and (iv) promoting social dialogue, between employers, workers and government at the sectoral and national level as a framework for good governance. Across all of these areas, efforts to promote and uphold the principles of gender equality and non-discrimination are recognised as explicit prerequisites for the full realisation of this Agenda, and will be mainstreamed throughout the work of each DWCP.1 The ILO partnership with the Royal Government of Cambodia (RGC) and its social partners for 2011-2015 focuses on three main pillars or priority areas: (1) improving Industrial Relations and Rights at Work; (2) promoting an enabling environment for sustainable enterprise growth and decent job creation; and (3) improving and extending social protection. The Decent Work Country Programme for Cambodia (2011-2015) has been developed by the International Labour Organization’s Country Office for Cambodia, Lao PDR, and Thailand (CO-Bangkok), in collaboration with the Ministry of Labour and Vocational Training (MOLVT), the Cambodian Federation of Employers and Business Associations (CAMFEBA), and Cambodian trade unions. The ILO would in particular like to thank Mr David Williams for his work in developing this document. While acknowledging the contributions of all mentioned, any errors or omissions found in the Decent Work Country Programme will remain the responsibility of the International Labour Organization. We, the undersigned, support the Decent Work Country Programme for Cambodia and will work together to operationalize the programme. We shall constantly seek assistance from all the stakeholders and the donor community towards achieving this shared vision for Decent Work in the world of work. Signature: _________________________ Jiyuan Wang Director ILO Country Office for Cambodia, Lao PDR, and Thailand Date: Phnom Penh, Cambodia 1 This is in line with the 2008 ILO Declaration on Social Justice for a Fair Globalization, which notes that “Gender equality and nondiscrimination must be considered to be cross-cutting issues in the [four] strategic objectives” and that “Gender equality and nondiscrimination are critical to achieve decent work for all and are central to all four strategic objectives”. 2|Page 3|Page Executive Summary Cambodia became a member of the ILO in 1969, however conflict and international isolation prevented it from reaping the full benefits of this membership until the early 1990s. Since the restoration of peace in 1993, the ILO has been an active partner in the country’s economic, social and democratic recovery. Working with the government, its social partners and other developmental actors, the ILO has played a key role in international efforts to restore livelihoods, create lasting jobs, rebuild infrastructure and strengthen nascent government institutions. Today its portfolio of assistance has expanded in line with new and ever more complex development challenges the country faces. ILO work in Cambodia now spans a wide range of policy and programmatic areas, including industrial relations, entrepreneurship and enterprise development, occupational safety and health, and HIV and AIDS. To date, Cambodia has ratified all eight of the ILO’s core conventions.2 Political stability, coupled with market reforms and pro-investment policies have helped fuel an unprecedented economic boom in Cambodia which has in relatively short time transformed the physical and economic landscape and made significant inroads to poverty reduction and livelihood improvement. However, for the most part this growth has been narrow based (garments, construction and tourism have been the main drivers of recent growth), something that has left the country –and its workforce- vulnerable to outside shocks and raised questions over the solidity of its development foundations. The recent global economic downturn, coupled with earlier food and fuel price crises, have provided illustrations of the negative impacts exogenous shocks can have on working people, and particularly on those toiling in the lower reaches of the socio-economic ladder. Although it has emerged strongly from the recent recession, Cambodia faces manifold challenges to development and Decent Work creation. Despite rapid economic growth, the economy has not generated sufficient jobs to meet demand –a situation that is exacerbated by the lack of adequately skilled people entering the labour market. In part owing to this, the majority in Cambodia still work in informal and/or vulnerable employment, where wages are often low, hours long, and respect for decent conditions and fundamental rights limited. Owing in part to a lack of social protection, many people cannot afford to be jobless for long, and this often makes them highly vulnerable when shocks to their income or circumstances occur. Specific groups face particular challenges too –notably women, who still face traditional barriers blocking equal access to education and employment, and youth, who make up the bulk of the unemployed, particularly in urban areas. Indigenous persons too face limitations in the labour market, many of which are linked to shrinking land ownership, discrimination and deficits in access to education and training. The Decent Work Country Programme (DWCP) provides the basis for the ILO’s contribution to the Government’s Rectangular Strategy for Growth, Employment, Equity and Efficiency, which serves as the foremost socio-economic policy agenda and political vision for the country’s development. Accordingly, the 2011-2015 DWCP addresses a wide range of labour and developmental concerns, including training and skills development, employment generation (in both policy and practice), entrepreneurship and enterprise development, social protection, local economic development, industrial relations and social dialogue, and labour market governance. The 2011 to 2015 Decent Work Country Programme was developed through multiple rounds of discussion and consultation between the ILO and its tripartite constituents in the Cambodian government and in employers’ and workers’ organisations. In this respect, it represents the collective will of these actors to address critical challenges to the achievement of Decent Work for all Cambodians. 2 For a full list of ratified conventions, please see Annex 2. 4|Page The current DWCP (2011-2015) focuses on three priority areas which also reflect the ILO’s commitment to the United Nations Development Assistance Framework (UNDAF) in Cambodia. These areas are: (1) Improving Industrial Relations and Rights at Work (2) Promoting an enabling environment for decent employment growth, with a particular focus on young people (3) Improving and Expanding Social Protection These priorities reflect both the main concerns of the tripartite constituents in Cambodia and the ILO’s specific expertise and comparative advantage within the UN and multilateral system. Through its interventions, the DWCP is supportive of the ILO’s global objective to promote Decent Work as a means to better secure sustainable development, poverty reduction and social justice worldwide. Decent Work comprises four mutually-supporting components, all of which are embraced in the envisaged assistance of DWCP for Cambodia: (i) upholding fundamental rights at work; (ii) ensuring adequate livelihoods, and creating more and better jobs for women and men; (iii) providing social protection, (including the right to a safe work environment); and (iv) promoting social dialogue, between employers, workers and government at the sectoral and national level as a framework for good governance. Across all of these areas, efforts to promote and uphold the principles of gender equality and non-discrimination are recognised as explicit prerequisites for the full realisation of this Agenda, and will be mainstreamed throughout the work of this and every DWCP. 5|Page Contents Preface 2 Executive Summary 4 1. Country Context 10 2. DWCP links to national and UN development frameworks 12 3. Working with tripartite constituents 17 4. ILO’s prior work in Cambodia 18 5. DWCP priorities and outcomes 19 CP PRIORITY 1: Improving Industrial Relations and Rights at Work 21 Outcome 1.1. Professional and technical capacities of social partners strengthened 25 Outcome 1.2. Improved mechanisms and processes for dispute resolution 27 Outcome 1.3. Social Dialogue is both more effective and more widely employed, including collective bargaining agreements and their enforcement 28 Outcome 1.4. National labour standards reviewed, revised or developed in line with relevant international labour standards and reported upon to international supervisory and monitoring bodies 29 Outcome 1.5 More effective application of equality and rights at work for discriminated and vulnerable groups 30 CP PRIORITY 2: Promoting an enabling environment for decent employment growth, with a particular focus on young people 32 Outcome 2.1. Development of a National Employment Policy and relevant institutional framework for promoting equitable employment and protection 33 Outcome 2.2. Enhanced employability of men and women through improved skills development and public employment services 34 Outcome 2.3. Improved MSME business and entrepreneurship skills and services 35 Outcome 2.4. Effective progress made to enhance enterprise productivity and competitiveness 37 CP PRIORITY 3: Improving and Expanding Social Protection 38 Outcome 3.1. Increased quality and coverage of social protection, particularly among vulnerable groups Outcome 3.2. Improved occupational safety and health in the workplace 43 45 6|Page Outcome 3.3. Effective progress made toward the elimination of child labour, especially its worst forms 46 Outcome 3.4. Enhanced delivery of targeted prevention and care programmes for HIV/AIDS in the world of work 47 6. Management and implementation framework 48 7. Monitoring and Evaluation 49 8. Risk Management 51 9. Endorsement of the DWCP 52 10. Annexes 53 7|Page List of Abbreviations AC ACTEMP ADB ASEAN BFC CAMFEBA CARD CB CBA CBHI CEDAW DWCP EO EU FDI GDP GMAC GMAPS HEF ILO ILS IR LAC M&E MDG MIME MOLVT MSE MSME MOU MOSAVY MOWA NEA NPA-WFCL NSDP NSPS-PV NSSF NSSF-C NEP OHCHR OSH PES PWP RS RGC SPER SME TB Arbitration Council ILO Bureau for Employers’ Activities Asian development Bank Association of Southeast Asian Nations Better Factories Cambodia Cambodian Federation of Employers and Business Associations Council for Agricultural and Rural Development Collective Bargaining Collective Bargaining Agreement Community Based Health Insurance UN Convention on the Elimination of all forms of Discrimination Against Women Decent Work Country Programme Employers’ Organisation European Union Foreign Direct Investment Gross Domestic Product Garment Manufacturers’ Association in Cambodia Gender Mainstreaming Action Plans Health Equity Fund International Labour Organization International Labour Standards Industrial Relations Labour Advisory Committee Monitoring and Evaluation Millennium Development Goals Ministry of Industry, Mines and Energy Ministry of Labour and Vocational Training Micro and Small Enterprise Micro, small and medium-sized enterprise Memorandum of Understanding Ministry of Social Affairs, Veterans and Youth Ministry of Women’s Affairs National Employment Agency National Plan of Action on the Worst Forms of Child Labour National Strategic Development Plan National Social Protection Strategy for the Poor and Vulnerable National Social Security Fund National Social Security Fund for Civil Servants National Employment Policy UN Office of the High Commissioner for Human Rights Occupational Safety and Health Public Employment Services Public Works Programme Rectangular Strategy (for Growth, Employment, Equity and Efficiency) Royal Government of Cambodia Social Protection Expenditure Review Small and medium sized enterprise Tuberculosis 8|Page TOT TU TVET UN UNCRPD UNDAF WFP Training of Trainers Trade Union Technical and Vocational Education and Training United Nations UN Convention on the Rights of Persons with Disabilities United Nations Development Assistance Framework World Food Programme 9|Page 1. Country Context3 Cambodia held its first post-war elections in 1993, since which it has enjoyed relative political stability and an economic boom that has transformed its physical and economic landscape and made significant inroads to poverty alleviation and development. However, a series of recent external shocks including the food and fuel price crisis, the global economic downturn, and adverse weather conditions have challenged and exposed this progress, not only undermining the country’s ability to meet its MDG targets, but also raising questions over the resilience and inclusiveness of its growth model to date. Despite more than a decade of strong growth, around a quarter of Cambodians still live in poverty, with inequality -particularly between urban and rural areas- on the rise. Cambodia’s economic growth continues to be narrowly based and highly vulnerable to shifts in external demand and capital flows –something no more acutely exposed than in the recent economic downturn. Although key economic pillars have contributed to employment growth, these have been insufficient alone to meet the needs of a young and fast growing labour force. This has led -among other things- to decent work deficits and continued high rates of informal and under-employment. With the country now emerging from its worst recession in decades, policymakers are increasingly recognising the need to focus on broadening the country’s growth base, diversifying existing sectors and nurturing the growth of others, as well as widening opportunities for the still-sizeable poor population to contribute to and reap the benefits of economic growth. A combination of more “job-rich” growth and enhanced social protection would enhance the welfare of millions of Cambodians while at the same time affording them better protection against future adverse shocks. Labour Market Developments and Challenges The country’s labour force has undergone dramatic changes in the past decade. Although the overall labour force participation rate increased slightly during this time, the proportion of women in the labour force increased far more significantly, reducing the gender gap in labour force participation rates. In part this can be attributed to the large number of unpaid female family workers (i.e. vulnerable employment), but it also relates to the rise in formal wage employment for women in the leading garment sector. Women in Cambodia enter the labour force at a younger age than men because men are typically encouraged to stay in education longer –particularly in rural areas. The proportion of the labour force in the primary sector has fallen in recent years in line with structural economic transition, and internal migration (mostly rural to urban in nature) has increased, with the proportion of women migrants rising slightly.4 Although official unemployment in the country is low, a large proportion of those who do work are in vulnerable employment, i.e. own account workers or unpaid family workers. This work, which encompasses workers in the large informal economy and agricultural sector, makes up more than 80 percent of total employment in Cambodia –an increase in absolute numbers from the late 1990s.5 Vulnerable employment is characterised by a range of decent work deficits, including low earnings, poor access to social 3 Map graphic source: CIA World Factbook 2011 NIS (2010) “Labour and Social Trends in Cambodia 2010.” National Institute of Statistics, Ministry of Planning, July 2010 5 Reference period is 1998 to 2008. While the absolute numbers of these workers rose during this period, the percentage out of total employment fell slightly. 4 10 | P a g e protection and representation (in unions), weak job and income security and poor working conditions. In Cambodia, young people and women are overrepresented among vulnerable workers.6 The widespread absence of formal social protection in Cambodia goes some way to explain why so many people engage in low quality and vulnerable employment.7 For most Cambodians, unemployment is simply not an option when the only way to meet basic social needs is by having a job. In 2011, the government approved the country’s first National Social Protection Strategy, the focus of which will be on enhancing access to and the quality of basic services such as health and income support for the poorest and most vulnerable to external shocks. Despite recent advances, labour productivity is lower in Cambodia than most of its neighbours. At its current level it is comparable to Vietnam in 1993, a level itself three times lower than Thailand today.8 In the garment sector, where productivity constraints have been long evident, this has been partially offset by low wages, which together with solid labour compliance have kept the country relatively competitive even against larger producers like China and India. Of particular concern going forward is the rate at which this situation is improving: between 2001 and 2005, Cambodia experienced the slowest rate of increase in labour productivity in manufacturing industries among ASEAN countries.9 Within the country, productivity gains have been particularly weak in agriculture –the sector that continues to employ the bulk of working people. Productivity challenges are in many ways linked to concomitant challenges in training and skills development –the weaknesses of which in Cambodia are a legacy of the decimation of both the human capital base and the education and training system in the 1970s and 80s. Given its current stage of development and economic structure, strengthening the provision of technical and vocational education and training (TVET) is a key immediate term priority for Cambodia. This should include new and ongoing efforts and reforms aimed at developing a national TVET framework, adopting competency based skills standards, and strengthening the capacity of training providers to deliver quality training that responds to actual labour market needs. Cambodia has made important strides in advancing gender equality, particularly in terms of girls’ access to education. However, considerable gaps remain and mainstreaming gender across all policy spheres is a formidable challenge –particularly in light of prevailing social attitudes and traditions to the contrary. Women from poor and disadvantaged backgrounds, particularly in rural areas, remain vulnerable to trafficking, domestic violence and forced labour. Meanwhile, in the formal economy, the special exposure of the garment sector to the global economic crisis meant young women in particular were particularly hard hit. Developing gender-responsive development programmes is a key priority of both the Cambodian government and the UN, in recognition both of the moral need for gender equality and the important role women can play as leaders of development processes. As it stands currently, Cambodia is lagging in its progress toward the achievement of MDG 3 on gender equality and women’s empowerment. Movement toward inclusive growth and development also faces other challenges in Cambodia. Progress in protecting human rights and freedom of expression has been erratic and subject to periods of backsliding in recent years, while concerns remain high about the independence and neutrality of the country’s legal and judicial processes, particularly when it concerns powerful economic and political interests. Land rights remain a foremost development challenge, as illegal land grabbing and forced evictions continue to deprive poor communities of productive land for income generation. Similarly, the protection of the country’s rich natural resource base has been undermined by economic interests and corruption. In the 6 Although youth continue to dominate this group, their proportional share has fallen in recent years, particularly young women. The National Social Security Fund (NSSF) for workers covered by the labour law (enterprises of 8 and more employees) was created in 2008, and stands as a general exception to this rule. 8 UNDP (2009) “Cambodia Country Competitiveness: Driving Economic Growth and Poverty Reduction.” Discussion Paper 07, Insights for Action 9 Ibid. 7 11 | P a g e labour field, despite considerable advances and a maturing industrial relations environment in some sectors, freedom of association and rights to collective bargaining remain far from guaranteed. On a more positive note, Cambodia enjoys a strong reputation for labour standards in its leading garment industry, something that remained largely true during the economic downturn, despite widespread predictions to the contrary. 2. DWCP Links to National and UN Development Frameworks National Development Plans The Rectangular Strategy for Growth, Employment, Equity and Efficiency (RS) is the overarching socioeconomic policy agenda of the Royal Government of Cambodia, setting out its long term vision for the country’s development. This hopes to be achieved by strengthening peace, stability and social order, promoting sustainable and equitable development, and cementing a democratic polity with full respect for human rights and dignity. Good governance is at the core of the RS, since it is considered an absolute prerequisite for all other aspects of socio-economic development. It’s four main growth components are thus: (i) agricultural development, (ii) infrastructure rehabilitation and development, (iii) private sector development and employment creation; and (iv) capacity building and human resource development. The Rectangular Strategy was first launched in 2004, and was updated and refined again in 2008 with the same core principles and goals. The National Strategic Development Plan (NSDP) is the key medium term national development plan in Cambodia, and serves as the main tool for the operationalization of the government’s Rectangular Strategy (it also serves as Cambodia’s Poverty Reduction Strategy Paper). Developed by the Ministry of Planning in consultation with various other ministries, development partners and civil society organisations, the NSDP is also the principal reference point for the harmonisation and alignment of official development assistance to Cambodia. As the roadmap for the implementation of the Rectangular Strategy, the NSDP’s key pillars are matching with that document: namely, growth, employment, equity and efficiency. Employment is a core pillar of the Rectangular Strategy, coming under Rectangle 3, which covers: (1) strengthening private sector and attracting investments; (2) creation of jobs and ensuring improved working conditions; (3) promotion of SMEs; and (4) creation of social safety nets for civil servants, employees and workers. This focus is also reflected in the NSDP, which outlines priorities for private sector development and employment, and elaborates in further detail strategic action to promote and secure this for socio-economic development. It is through this focus that ILO finds its principal strategic alignment with the Decent Work Country Programme. UNDAF The 2011 to 2015 United Nations Development Assistance Framework (UNDAF) provides a framework for coordinated UN development assistance in keeping with the UN reform process and the commitments laid out in the Paris Declaration on Aid Effectiveness (reaffirmed in the 2008 Accra Agenda for Action). The UNDAF is anchored in and aligned with the Government’s Rectangular Strategy Phase II and the National Strategic Development Plan (now extended to 2013). It builds on the achievements and progress made over the last decade and leverages the UN's position as a respected development partner in Cambodia. The UN has also adopted a Human Rights-Based Approach to its programmes and support in the country, as well as committing to advocate specifically for marginalised and disadvantaged groups in UNDAF core programming. 12 | P a g e The UNDAF has identified five priorities that will form the core of the UN’s support to Cambodia between 2011 and 2015: 1. UNDAF Outcomes: 2011-2015 Economic Growth and Sustainable Development By 2015, more people living in Cambodia benefit from, and participate in, increasingly equitable, green, diversified economic growth 2. Health and Education By 2015, more men, women, children and young people enjoy equitable access to health and education 3. Gender Equality By 2015, all women, men, girls and boys are experiencing a reduction in gender disparities and progressively enjoying and exercising equal rights 4. Governance By 2015, national and sub national institutions are more accountable and responsive to the needs and rights of all people living in Cambodia and increase participation in democratic decision making 5. Social Protection By 2015, more people, especially the poor and vulnerable, benefit from improved social safety net (SSN) and social security programmes, as an integral part of a sustainable national social protection system Expected ILO involvement in fulfilling UNDAF programmatic priorities covers a wide range of thematic areas, including: climate change and green jobs; local development, entrepreneurship and small and medium sized enterprise promotion; employment policies (including those with a specific focus on women, young people and migrant workers); labour market information and employment services; business development services; training and skills development (including life skills for at-risk and disadvantaged groups); women’s empowerment and rights at work; dialogue, representation and participation in decision-making at work and in policymaking; industrial relations and dispute resolution; human and labour rights; eliminating child labour; and promoting and developing social protection. 13 | P a g e DWCP Alignment with national and UN development priorities GOVERNMENT RECTANGULAR STRATEGY UNDAF OUTCOMES TO WHICH ILO IS ASSIGNED / ILO IS RELEVANT RELATED ILO DWCP OUTCOMES (Some ILO outcomes are aligned with more than one UNDAF outcome) RECTANGLE 3 – PROMOTING PRIVATE SECTOR DEVELOPMENT AND EMPLOYMENT GENERATION Strengthening private sector and attracting investment Creation of jobs ensuring improved working conditions Promoting SMEs Creation of social safety nets Outcome 1: Economic Growth and Sustainable Development By 2015, more people living in Cambodia benefit from, and participate in, increasingly equitable, green, diversified economic growth CP Outcome: Trade and Private Sector Development More diversified economy in Cambodia with increased pro-poor investment, trade and private sector development due to strengthened national and local capacity. CP Outcome 2.1. Development and effective implementation of national employment policy, incorporating the twin pillars of equitable employment promotion and protection CP Outcome 2.2. Enhanced employability of men and women through improved skills development and public employment services CP Outcome: Employment and Local Development Increased employability and productive and decent employment opportunities, particularly for youth and women, through diversified local economic development in urban and rural areas CP Outcome 2.3. Improved MSME business and entrepreneurship skills and services Outcome 5: Social Protection By 2015, more people, especially the poor and vulnerable, benefit from improved social safety net (SSN) and social security programmes, as an integral part of a sustainable national social protection system CP Outcome 3.1. Increased quality and coverage of social protection, particularly among vulnerable groups CP Outcome 2.4. Effective progress made to enhance enterprise productivity and competitiveness CP Outcome: Increase in national and sub-national capacity to provide affordable and effective national social protection through improved development, implementation, monitoring and evaluation of a social protection system. CP Outcome: Improved coverage of social security for both formal and informal sector workers 14 | P a g e RECTANGLE 4 – CAPACITY BUILDING AND HUMAN RESOURCE DEVELOPMENT Strengthening the quality of education (1) "Education for All" – basic 9-year education (2) provide basic skills training to people in rural areas to increase income; (3) provide training or skill improvement to factory workers in cooperation with employers; (4) expand technical and vocational training to provinces/ municipalities, including entrepreneurship training programme; and (5) establish National Employment Agency, and Job Centres in provinces/municipalities Implementation of gender policy Outcome 2: Health and Education By 2015, more men, women, children and young people enjoy equitable access to health and education CP Outcome 2.2. Enhanced employability of men and women through improved skills development and public employment services CP Outcome: Enhanced national and sub-national institutional capacity to expand young people’s access to quality life skills including on HIV and technical and vocational education and training (TVET) Outcome 3: Gender Equality By 2015, all women, men, girls and boys are experiencing a reduction in gender disparities and progressively enjoying and exercising equal rights CP Outcome: Women are progressively empowered to exercise their rights to full and productive work with decent terms and conditions (based on ILO criteria). N.B. Gender concerns are mainstreamed throughout the ILO DWCP. However, efforts to reduce gender disparities will be most pronounced in work under the following outcome areas: CP Outcome 1.2. Improved mechanisms and processes for dispute resolution CP Outcome 2.1. Development and effective implementation of national employment policy, incorporating the twin pillars of equitable employment promotion and protection CP Outcome 2.2. Enhanced employability of men and women through improved skills development and public employment services CP Outcome 2.3. Improved MSME business and 15 | P a g e entrepreneurship skills and services CORE STRATEGY – GOOD GOVERNANCE Fighting corruption Legal and Judicial reform Public administration reform including decentralization and de-concentration Outcome 4: Governance By 2015, national and sub national institutions are more accountable and responsive to the needs and rights of all people living in Cambodia and increase participation in democratic decision making CP Outcome: Effective mechanisms for dialogue, representation and participation in democratic decision-making established and strengthened. CP Outcome: State institutions at national and sub-national levels better able to protect citizens’ rights under the Constitution and provide effective remedies for violations, in particular those relating to labour, children, land and housing, gender based violence, indigenous people, people living with HIV and people with disabilities. CP Outcome 1.1. Professional and technical capacities of social partners strengthened CP Outcome 1.2. Improved mechanisms and processes for dispute resolution CP Outcome 1.3. Social Dialogue is both more effective and more widely employed, including collective bargaining agreements and their enforcement CP Outcome 1.4. National labour standards reviewed, revised or developed in line with relevant international labour standards CP Outcome 1.5. More effective promotion of the rights of vulnerable groups (empowerment to claim rights?) CP Outcome 3.3. Effective progress made toward the elimination of child labour, especially its worst forms 16 | P a g e 3. Working with tripartite constituents In Cambodia, the ILO ensures that the core concerns of the Royal Government (RGC) –where they pertain to the Organisation’s mandate and technical expertise- together with those of the employers’ and workers’ organisations are reflected in the design and implementation of its Decent Work Country Programme. Both design and implementation of the programme rely heavily on the involvement of these parties (together with other stakeholders and development partners), and their respective partnership toward the achievement of Cambodia’s national development goals. The Ministry of Labour and Vocational Training (MOLVT) is the main partner ministry of the ILO, and with this, of the DWCP.10 The MoLVT’s work is focused on measures to improve industrial relations (including through new and revised laws governing the labour market), developing a national employment strategy, enhancing the quality and demand-side relevance of TVET and establishing stronger linkages between training providers, students and the private sector, strengthening entrepreneurship skills for small business growth, developing the National Social Security Fund, employment injury scheme and health insurance scheme, and concerted action to eliminate child labour and improve the management of international migration. On social protection, the ILO also works closely with the Council for Agricultural and Rural Development (CARD) which was entrusted with ensuring efficient inter-ministerial coordination for the development and implementation of the national social protection strategy (NSPS) for the poor and the vulnerable. The Cambodian Federation of Employers and Business Associations (CAMFEBA, see description below) and the national trade union confederation groups are the core social partners with which the ILO collaborates with in the design and implementation of its Decent Work Country Programme. CAMFEBA was inaugurated in July 2000 and has since grown to become the country’s foremost organisation representing employers. As of late 2009, CAMFEBA’s membership comprised 10 key industry/business associations and 96 individual employer members, as well as a further 7 non-profit organizations and individuals as Associate members. Together, this membership represents more than 1,000 enterprises across a range of economic sectors. The ILO works with CAMFEBA to strengthen its capacity to serve and represent its members in policy forums and advocate –and lobby- effectively for their interests. The main concerns of CAMFEBA are improving industrial relations, reform of the labour law and the development of the forthcoming trade union law, and national industrial competitiveness and external trade and investment policy. Trade unions have grown rapidly since 1997 following official recognition in law of freedom of association. Unions are structured largely according to a three-tier hierarchy: enterprise-level unions, union federations, and union confederations, with an additional chamber that comprises three confederations.11 From 1997 to 2010, the MoLVT registered a total of 1,700 enterprise unions, together with nine confederations12, 45 union federations, and 11 workers’ associations (covering for example informal The ILO also works with a number of other ministries in the course of its work, including the Ministry of Commerce (MOC), Ministry of Women’s Affairs (MOWA), Ministry of Rural Development (MRD), the Ministry of Social Affairs and Veterans And Youth rehabilitation (MOSVY), Ministry of Industry, Mines and Energy (MIME), Ministry of Education, Youth and Sport (MOEYS), Ministry of Public Works and Transport (MOPWT), Ministry of Tourism (MOT), Ministry of Interior (MOI), Ministry of Planning (MOP). 11 Although individual unions may be collectively represented by larger federations and confederations, they remain for the most part separate entities with their own financing, organisational structure and overall vision. 12 The nine registered confederations are the Cambodian Confederation of Trade Union (CCTU), the Coalition of Cambodian Apparel Unions (CCAWDU), the Cambodian Confederation of Union (CCU), the National Union Alliance Chamber of Cambodia (NACC), the Cambodia National Labour Confederation (CNC), the Cambodia Inheritance Confederation (CIC), the Cambodian 10 17 | P a g e workers, farmers and civil servants).13 Workers in Cambodia are unionised predominantly in the garment, construction, transport, and hotel and tourism sectors. Agriculture, telecommunication, banking, healthcare and teaching and education are potential areas for future unionization. The main concerns of unions in Cambodia today are anti-union discrimination, weak employer compliance with labour standards and the labour law (particularly with regard to employment contracts, overtime, and dismissals), the struggle for a so-called “living wage” in low income sectors like garment manufacturing, and a lack of political will and institutional support for social dialogue. ILO technical assistance to the union movement seeks to overcome these challenges both by advocating better protection of workers’ fundamental rights and interests, especially through promotion of collective bargaining agreements, organising non-unionised workers and supporting research and advocacy on a living wage, and by enabling unions to engage more effectively in social dialogue to further the collective interests of their members. 4. ILO’s prior work in Cambodia To set the new DWCP in context it is instructive to reflect on the priorities and achievements of the last country programme. The 2008-2010 DWCP identified three broad priority areas under which the bulk of the ILO’s work in Cambodia was organised: (1) productive employment; (2) labour governance and rights; and (3) social protection. The DWCP was also further adjusted in early 2009 so as to incorporate additional short-term responses to help mitigate the impact of the global economic crisis. A brief summary of the ILO’s work under this programme is outlined below. 1. Productive employment To expand productive employment opportunities to all men, women and youth, especially in the rural areas, ILO worked –and continues to work- with the MoLVT in particular to establish the institutional preconditions and human skills and competencies required for the development of a national employment policy –mostly through a mix of institutional capacity building, tailor-made training and policy advice. On skills development and employability, it also provided technical and financial assistance to the establishment of the National Employment Agency and its key functions vis-à-vis labour market information collection and employment services (job centres). In 2009, the ILO also added to its portfolio new measures to help constituents respond to the impacts of the global economic downturn. This included an in-depth research component to better understand and design policies to address the crisis in the garment sector, technical and financial support to the government’s job centre initiative (to help support the newly retrenched in particular), and pilot demonstration schemes on employment intensive infrastructure generation (which now forms an important component of the new National Social Protection Strategy for the Poor and Vulnerable, NSPS-PV). 2. Labour Governance and Rights ILO work on labour governance was aimed at improving the efficiency of labour market institutions and the fair enforcement of labour standards, as well as strengthening the links between improved industrial competitiveness and the safeguarding of decent working conditions in the country’s leading garment industry. Confederation for Workers' Rights (CCWR), and the Confederation of Union National Independence Cambodia (CUNIC), and the National Labour Confederation (NLC). 13 There are, however, no accurate figures of the number of actually active unions in the country. 18 | P a g e Interventions in this regard included: (1) promoting industrial peace through revision of laws and institutional strengthening (including revisions to the new trade union law, assistance to government conciliation and mediation services, and capacity building for social partners to engage in effective collective bargaining); and (2) continued support to the growth and competitiveness of the garment industry through the ILO’s flagship “Better Factories Cambodia” programme, both in terms of on-going monitoring of working conditions and by expanding its portfolio of training and management services into areas like social protection (factory level), life skills, and greener production. Working through technical cooperation projects primarily, the ILO also worked with the Cambodian Government and its social partners to adopt and implement policies to improve and protect the rights of children, women, migrant workers and indigenous peoples in Cambodia. Projects included the IPEC timebound project (child labour), ILO/IPEC Mekong Sub-Regional Project to Combat Trafficking in Children and Women (ILO-TICW), the Support to Indigenous Peoples' Project, the Creative Industries Support Programme, and the Promoting Women’s Entrepreneurship Development and Gender Equality -“WEDGE”project. 3. Social Protection The ILO’s work in this area was framed largely by its inputs to the design and development of the now nationally endorsed social protection strategy for the poor and vulnerable (NSPS-PV). Contributions here focussed mainly on the public works component and elements of a basic social floor which together form key pillars of the Strategy. It also provided support to the RGC and other stakeholders to draft legislation conduct financial studies and support implementation as regards social safety nets and social insurance benefits. Other areas of intervention included safety and health in the workplace, where the ILO employed existing national good OSH practices as a practical means to expand OSH protection in the private sector, and HIV/AIDS, where under the DWCP the ILO expanded previous activities to develop workplace education programmes (on HIV and AIDS), strengthen the knowledge base on the subject through research, and support the development of national policy and enterprise-level interventions to prevent HIV infection and combat discrimination (based on HIV status) in the workplace. 5. Decent Work Country Priorities and Outcomes The Decent Work Country Programme (DWCP) reflects the priorities of the tripartite constituents in Cambodia, as expressed through several rounds of independent, bipartite and tripartite discussion and consultation. It is from this collaborative spirit together with its emphasis on dialogue and consensusbuilding and alignment with national development priorities that the DWCP’s strength and legitimacy is derived. Development of the 2011-2015 DWCP began in late 2010 with an independent review of the 2008-2010 programme –an exercise aimed at assessing the ILO’s performance in Cambodia and identifying lessons learned to improve the effectiveness of the next DWCP.14 This was followed by individual constituent discussions (with ILO specialists) and a tripartite consultation workshop, the former designed to help explain the role and importance of the DWCP and stimulate discussions over broad priorities, and the latter for discussion and consensus building over proposed priorities, and with them, outcomes. Key outcomes suggested by constituents were later refined by ILO specialists in Bangkok as part of an extensive internal The assessment process, which involved both a desk review and wide-ranging constituent and stakeholder interviews (using an assessment criteria devised by the ILO), reported a number of key recommendations aimed at improving the design and delivery of ILO assistance, and with it, maximising the value-added the organisation provides to Cambodia’s wider development goals. 14 19 | P a g e consultation process. Following this, a draft DWCP document was then produced by the ILO and submitted for internal review and comments, before a revised final draft was produced and given to constituents for review. Tripartite national endorsement of the finalised 2011-2015 DWCP took place in (November) 2011.15 DWCP Cambodia 2011-2015: Priorities and Outcomes Agreed priorities and outcomes for the Decent Work Country Programme in Cambodia (2011-2015) are as follows, together with their links to ILO global strategic priorities (in brackets)16 CP PRIORITY 1: Improving Industrial Relations and Rights at Work Outcome 1.1. Professional and technical capacities of social partners strengthened (SPF 9 & SPF 10) Outcome 1.2. Improved mechanisms and processes for dispute resolution (SPF 12) Outcome 1.3. Social Dialogue is both more effective and more widely employed, including collective bargaining agreements and their enforcement (SPF 12) Outcome 1.4. National labour standards reviewed, revised or developed in line with relevant international labour standards and reported upon to international supervisory and monitoring bodies (SPF 18) Outcome 1.5 More effective application of equality and rights at work for discriminated and vulnerable groups (SPF 17 & SPF 7) CP PRIORITY 2: Promoting an enabling environment for decent employment growth, with a particular focus on young people Outcome 2.1. Development of a National Employment Policy and relevant institutional framework for promoting equitable employment and protection (SPF 1) Outcome 2.2. Enhanced employability of men and women through improved skills development and public employment services (SPF 2) Outcome 2.3. Improved MSME business and entrepreneurship skills and services (SPF 3) Outcome 2.4. Effective progress made to enhance enterprise productivity and competitiveness (SPF 3 & SPF 13) CP PRIORITY 3: Improving and Expanding Social Protection Outcome 3.1. Increased quality and coverage of social protection, particularly among vulnerable groups (SPF 4) Outcome 3.2. Improved occupational safety and health in the workplace (SPF 6) Outcome 3.3. Effective progress made toward the elimination of child labour, especially its worst forms 15 Please see Annex 1 for a full timeline of DWCP consultation and development These priorities were reached through consultation and negotiation with the ILO’s tripartite constituents. The Country Programme Review, conducted in late 2010, identified three main priority areas among constituents: (1) Improved industrial relations through better social dialogue and legal mechanisms; (2) Rights and social protection of vulnerable groups; and (3) Enabling environment for employment creation. 16 20 | P a g e (SPF 16) Outcome 3.4. Enhanced delivery of targeted prevention and care programmes for HIV/AIDS in the world of work (SPF 8) Cross-cutting themes Green jobs Although the ILO does not have a specific programme on Green Jobs (GJ) in Cambodia, it aims to conduct a number of activities in the coming year that will contribute toward the gradual up-scaling of the Green Jobs agenda in the country (and with it, a potential future full inclusion at the outcome level of the DWCP). Under the current DWCP (2011-2015), efforts to mainstream Green Jobs will be made throughout the ILO’s programme of assistance, with specific components most likely in skills development (i.e. the development of skills standards for green jobs in priority sectors like tourism), employment (the design of the National Employment Policy and in the creation of micro and small enterprises) and social protection (the creation of green jobs in the public works programme component of the NSPS-PV). A number of important initiatives and activities have already been undertaken in recent years that have raised the profile of Green Jobs in Cambodia and increased political interest in the concept. A national seminar in early 2011, for example, identified four priority sectors for the expansion of green jobs in the country –namely agriculture, construction, tourism, and garments, with further discussions surrounding the potential future inclusion of forestry (and particularly, Green Jobs for indigenous groups). Furthermore, in the garment sector, where ILO has a strong presence through its Better Factories Cambodia programme, the ILO has already undertaken pilot initiatives to improve energy efficiency and cleaner production –work which has helped to underscore the relevance and potential greener production (and related Green Jobs) has to be linked with existing ILO interventions and align with national economic and development goals. In addition, the ILO is currently exploring financing options that would allow for the development of a more comprehensive Green Jobs programme in the country, and has submitted two recent project proposals for consideration by major donors.17 CP PRIORITY 1: IMPROVING INDUSTRIAL RELATIONS AND RIGHTS AT WORK Background and main actors Modern industrial relations (IR) in Cambodia essentially began after the restoration of (relative) peace in 1993, a time which saw the emergence of the first garment factories and with them, the first trade unions. In these early years relations between workers and employers have largely been characterised by high levels of distrust and conflict, particularly in the garment industry, where the union movement is largest and most vocal. Although this industry has grown rapidly to become a pillar of the post war economy, tensions in the IR environment have hindered investment and undermined the garment industry’s reputation for adhering to international labour standards. 17 As of June 2011, the ILO had submitted one proposal to the Climate Adaptation Alliance Fund and another to the Global Climate Adaptation Fund. The former involves promotional work and training and information sharing about green jobs with constituents, as well as a comprehensive mapping of green jobs in the country and the development of demonstration activities covering areas like skills development (in green jobs). The second proposal is closely related to the ILO’s previous experience in employment intensive infrastructure promotion, and would include the integration of this work with new methodologies for building climate-adaptation infrastructure at the local level. Efforts would be made to align and link this work with the country’s National Climate Adaptation Action Plan, as well as respective national and UN development frameworks. 21 | P a g e I. Government The main government office responsible for day to day IR issues is the Department of Labour Disputes in the Ministry of Labour and Vocational Training (MoLVT). The department has played a generally positive role in the development of the IR landscape in Cambodia, having been credited with advancing objectivity and due process to the registration of (most) unions and certification of “most representative” unions. The department has demonstrated growing effectiveness at resolving disputes, although improvements can be made in building trust of workers and employers in the conciliation process. It has also made some progress in mediating collective bargaining agreements, although more needs to be done in this regard to make the process more structured and less ad hoc. However understandings of basic IR principles can be uneven, particularly at the provincial level, and in particular by officials from outside the MoLVT. Some government officials, for example, do not understand that unions have the right to demand wages and conditions above what the law provides. In other cases, provincial authorities may (literally) sit with the employers during collective bargaining. Capacity building for provincial officials becomes increasingly important as investment and economic activity expands beyond the three largest cities of Phnom Penh, Siem Reap and Kampong Som. The Arbitration Council, a tripartite statutory body established in 2003 to resolve collective disputes (both on rights and interests), also plays a key role in industrial relations.18 Its sustainability as an independent and impartial statutory body will be a key challenge during this period. The government recognizes the important role the AC plays in promoting fair industrial relations and has committed to maintaining its support for the institution. II. Employers The Garment Manufacturers Association in Cambodia (GMAC) is the oldest and most important employers’ organization in the country, despite it only representing a single sector (admittedly the largest formal sector). The Ministry of Commerce has decreed that garment factories that wish to export from Cambodia must join GMAC, and be subjected to independent monitoring on labour law and working conditions by the ILO’s Better Factories Cambodia (BFC) programme. GMAC provides a range of advisory services and training to its 300+ members, covering such areas as import/export facilitation, taxation, labour law and other regulations, and dispute resolution. Industrial relations practices in the industry vary from enterprise to enterprise, with both good and bad practices evident In addition to GMAC, CAMFEBA serves as the main constituent of the ILO in its dealings with the Cambodian private sector.19 An umbrella organisation representing more than a 1,000 enterprises across numerous sectors, CAMFEBA’s core objectives are to present a strong and unified voice for the business community, promote good industrial relations, represent and lobby for its members in government policymaking, and provide advice and capacity building services to strengthen the competitiveness and reputation of Cambodian businesses –both domestically and abroad. It does this through a combination of consultancy and advisory services, advocacy work, training and networking. Various foreign, national, and provincial chambers of commerce and sectoral associations are also active in Cambodia, but play a generally lesser role than CAMFEBA and GMAC in the overall industrial relations landscape. III. Trade unions The Arbitration Council is called for in the labour law and was established by the Ministry of Social Affairs, Labour and Veterans and Youth Rehabilitation with support from the social partners and the ILO . Today it receives the bulk of its funding from the World Bank. 19 CAMFEBA’s membership also includes garment factories that are members of GMAC. 18 22 | P a g e While certainly maturing, the trade union movement in Cambodia remains young and is still developing skills and experience in both management and in negotiation and collective bargaining. Major challenges unions face in the country include fragmentation and proliferation (particularly in the garment sector where some factories have more than ten unions present), as well as personal and political rivalries -often made worse by proliferation. Externally, many also face discrimination and non-recognition by employers, political interference, and weak or non-existent legal enforcement. Unions’ internal weaknesses are related in large part to low human capacity and weak financial viability, but they also relate to a lack of vision, poor planning, and overwhelming male dominance at the senior leadership level. In this regard, long standing ILO support has focused on improving core competencies – namely education and training on a key labour issues related to International Labour Standards (ILS), collective bargaining and negotiations, gender equality and leadership development. Furthermore, despite the challenges have come successes; not least with regard to the increasing recent role unions have played both in facilitating social dialogue and in influencing key legal processes (for example, helping to draft the new Trade Union Law). Key challenges in Industrial Relations and Rights at Work Weak capacity of actors Unions, and to a lesser extent employers organisations, face a number of critical capacity constraints that limit their organisational effectiveness and role in furthering a harmonious industrial relations environment. A common problem among the myriad of enterprise level unions, for example, is a lack of adequate human and financial capacity, as well as poor (and male-dominated) leadership and weak overall vision.20 On the employers’ side, there remain weaknesses in some quarters with regard to labour law compliance and understanding of social dialogue and collective bargaining, while the like unions there remain too few women at the higher echelons of these organisations. For CAMFEBA, expansion of membership and continuation of new and relevant services, including IR and legal services, remain an important strategic priority. For the government, the machinery of law enforcement remains weak and as such protection of fundamental rights at work, including those of trade unions, is inconsistent and leads to disruptions to industrial harmony. Dispute resolution The main manifestation of disputes in the formal sector is strikes, and this is particularly true in the garment industry. In the sense that strikes should represent a last resort in mature IR environments, an abundance of such often suggests weaknesses in the existing dispute resolution architecture. Strikes in garment factories reached a high of around 100 in the year 2000 and have averaged around 82 per year through 2008. In 2009 this fell to 59, partly as a consequence of the crisis (i.e. unions being apprehensive to strike for fear of job losses), and have stayed around this level in 2010 and 2011, even as the industry has rebounded sharply. This is generally seen to reflect a gradual improvement in the IR environment and social dialogue in the industry. Leading causes of strike action include dismissals (particularly of union leaders), non-renewal and abuse of short term contracts, and remuneration, particularly that of overtime pay and the calculation of piece-rate payments. Strikes are also common over alleged harassment by managers and factory closures. Almost all strikes fail to follow due legal process, namely conciliation and arbitration, followed by strike vote and notice to the employer and ministry. Dispute resolution procedures have proven effective in many cases, however. The Arbitration Council, for example, resolves close to 70 percent of the disputes it hears. In addition in a landmark Memorandum of 20 In the garment sector, around nine out of every ten workers are in fact female, something which makes female representation among related worker and employer bodies all the more important. 23 | P a g e Understanding (MOU) signed in September 2010, garment employers and unions vowed to use the AC’s binding arbitration procedures on disputes over rights, violations of the law, and existing CBAs.21 While this should improve the overall dispute resolution environment in Cambodia, effective implementation of the agreement will be key. In the absence of a designated labour court, labour disputes are currently overseen by municipal courts distinguishing only between civil and criminal matters. This is set to change in the coming years following a Prime Ministerial order to establish a labour court –something which is also in line with earlier recommendations from the International Labour Office. Social dialogue This recently agreed MOU between unions and manufacturers in the garment industry provides an important basis for improving labour relations in Cambodia, and reflects the growing maturity of the industrial relations environment toward the use of dialogue to reach agreement on important issues. Although now well established in a limited number of luxury hotels and the two major airports, genuine collective bargaining in Cambodia is rare for a number of reasons, including a widespread lack of understanding of the concept, union multiplicity (in the garment industry) leading to uncertainty over representation (and with it, determining a representative bargaining partner), refusal by some parties to bargain, and weak rule of law and legal enforcement. Between 2008 and 2010, around 15 high quality agreements were reached that appear to be working well, and around 30 ‘high quality’ agreements are currently active. According to 2010 data from the MoLVT, there were 190 CBAs -or equivalent conciliated agreements- currently registered. However, many were negotiated by non-recognised bargaining agents such as shop-stewards, which raises doubts over their quality. However, to improve the situation in future, intensified efforts are required to promote the procedure to determine most representative union in an enterprise, and for all parties to respect the outcome of that procedure. The MOU explicitly calls for this with regard to the garment industry, and should over time, lead to a reduction in multiple workplace claims from competing unions, an improvement in industrial harmony, and eventually, a consolidation within the union movement. Labour standards Cambodia still faces frequent violations of labour and union rights, particularly harassment and unfair dismissal of union leaders. Recognition of most representative status for unions remains a common point of contention too, with many employers either struggling to identify appropriate bargaining partners or –in some cases- refusing to accept most representative status altogether. On employment contracting, it is clear that misuse of contracts is widespread, and this has seen continued –and in some sectors risingrecruitment of temporary workers in ostensibly “permanent” job positions. Restrictions on union formation remain in place in the public sector (civil servants) and teaching. Discrimination Women, persons with disabilities, domestic workers and indigenous peoples face considerable discrimination in employment in Cambodia, while migrant workers in particular face risks due to a lack of knowledge (about migration, its risks and how to migrate safely and legally) and inadequate legal protections both at the recruitment stage (in Cambodia) and in destination countries. While the 21 Other components of this agreement (which comes in the form of an official MOU) include: a commitment on both sides to abide by the law; a pledge by minority unions not to interfere with the rights and decisions of the majority ones; and agreement that there will be no lockouts, strikes or other claims during the term of a collective bargaining agreement (CBA). 24 | P a g e Government has ratified the eight conventions covering the fundamental principles and rights at work as well as the UN’s Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), there is a need to further develop laws and policies in line with international standards, increase institutional capacities to provide equitable services and raise awareness among government, employers, workers and the public at large about equality in employment and respect for fundamental human and workers’ rights of discriminated and vulnerable groups. ILO Programme on Industrial Relations and Rights at Work Outcome 1.1 Professional and technical capacities of social partners strengthened Employers’ Organisations The ILO’s assistance to employers’ organisations (EOs) will continue to focus primarily on CAMFEBA as the main umbrella group for employers in the country. A key focus of its capacity building strategy under the next DWCP will be on efforts to strengthen the ability of the organisation to respond to its members’ needs in a variety of fields, including organisational management, research and analysis, policy advocacy and lobbying, competitiveness and productivity, industrial relations, gender equality and non-discrimination. All these activities will be set out under a biennial work plan which the ILO will develop in conjunction with CAMFEBA, and which will outline baseline situations, expected outcomes, key performance indicators, relevant outputs and time frames. Training and the development of practical tools and services will form another major part of the ensuing assistance, and to facilitate this the ILO will look to demonstrate and apply good practice experiences of other (more experienced) EOs in the region to strengthen the knowledge base and capacities of CAMFEBA to develop both its internal management capacity and the quality and range of its training, advisory and consulting services (some of which will be fee-paying to help generate revenue for the organisation). In addition, the ILO will also provide support to CAMFEBA in expanding its membership base and enhancing its ability to articulate employer concerns in media and policy settings. Trade Unions The ILO programme to strengthen the capacity of unions will continue to centre on a number of key pillars of assistance. The first will be education and training aimed at various beneficiaries within the union movement, for example in ILS and the Trade Union law, collective bargaining and negotiations, and communication and social dialogue. The second pillar will focus on the promotion of freedom of association and collective bargaining, through among other things workshops, trainings, public awareness campaigns, radio shows, and use of ILO supervisory machinery. Good practices in collective bargaining will be collected and disseminated through publication, while a new more focused strategy to increase new CBAs will be adopted with among enterprises. The third strand of ILO assistance will continue to support union efforts to engage in more bipartite and tripartite social dialogue (over issues like the Trade Union Law, minimum wage setting, labour disputes, contracting, gender equality and non-discrimination), as well as in the establishment of a TU taskforce with a mandate and capacity to lead the process of establishing a national social dialogue mechanism (most likely a National Labour Advisory Council). Finally, the ILO will provide technical assistance in union efforts to organise more workers, particularly from currently underserved sectors like agriculture, transport, entertainment, telecommunication, banking, and teaching and education. Here, interventions will also draw upon ILO’s experience in other countries and will provide adapted materials that showcase effective organisation strategies. 25 | P a g e Throughout its country programme, trade unions will be engaged as a partner in the implementation of all ILO projects and programmes, and they will increase the level of their participation and partnership with ILO toward the achievement of the DWCP and Cambodian national development goals. Joint Programme Strategy – Support to Employers’ and Workers’ Organisations Employers i. Support CAMFEBA in conducting an on-going member needs assessment analysis (surveys, focus groups, desk research) in order to respond to members' needs effectively ii. Develop and implement bi-annual work plan of ACTEMP technical assistance - in consultation with CAMFEBA, outlining baseline situation, outcomes, key performance indicators, relevant outputs and time frames iii. Assist CAMFEBA to further develop its internal technical and functional capacity by providing relevant training, introducing new organisational tools and systems and leveraging the knowledge and experience of more developed EO's in the region iv. Assist CAMFEBA to respond to members' demands by introducing new products and services and/or improving an existing services and to generate necessary revenue to support the organisation v. Assist CAMFEBA to become more influential in the labour and social policy by enhancing their research capacity and their lobbying capacity, by enhancing CAMFEBA's media profile and by enhancing their representativeness (focusing on membership growth) Unions i. Provide education and training on ILS and TU law, collective bargaining and negotiations, communication and social dialogue, organizing skills, minimum wage setting, union unity, gender equality, and decent work and DWCP to enhance the knowledge and competencies of union beneficiaries ii. Promote freedom of association and collective bargaining through various activities and methods, including workshops, trainings, public awareness campaigns, organising campaigns, and radio programmes iii. Collect and disseminate the methods, strategies and practices of union organising and launch related campaigns in agriculture, transport, entertainment, telecommunication, banking, and teaching and education iv. Support unions to more effectively engage in more bipartite and tripartite social dialogue to discuss the enforcement of the Trade Union Law, minimum wage setting, labour dispute settlement, and the contract labour system v. Support the development of analytical research on issues related to on minimum wage, social dialogue, ILS, the Labour Law, grievance handling procedures, collective bargaining, minimum wages, and organising Performance Indicators Targets 1.1.1. Number of new products and services launched by CAMFEBA (or improvements made to existing products and services) By 2015, at least 4 new products or services have been launched or at least 4 existing services have been improved 1.1.2. Number of policy position and recommendation papers produced by CAMFEBA for consideration by the Government By 2015, at least 3 new comprehensive submissions for policy consideration are submitted by CAMFEBA to the government each year 1.1.3. Number of education and training programmes conducted with unions and related stakeholders By 2015, at least 60 education and training programmes have been provided to union beneficiaries on various key labour issues, including 26 | P a g e 3000 local union leaders and 300 trainers through TOT (40 to 60 per cent and at minimum 30 per cent will be of either sex). 1.1.4. Number of union federations developing official strategies and work plans for organising (new members) By 2015, every union confederation has developed organising strategies and accompanying work plans 1.1.5. Number of new collective bargaining agreements signed By 2015, 30 new CBAs signed 1.1.6. Number of research or analytical studies conducted and published / number of training materials published By 2015, at least one study on minimum wage setting“ and one on ”union multiplicity and unity“ published 1.1.7. Number of forums of bipartite and tripartite social dialogue participated in by unions on key aspects of the labour law and industrial relations Outcome 1.2 By 2015, trade unions engage in at least two bipartite and tripartite consultation fora per year Improved mechanisms and processes for dispute resolution The Memorandum of Understanding on Improving Industrial Relations in the Garment Industry signed in September 2010 contains a clause in which the union and employer parties to the agreement commit to binding arbitration for rights disputes and no strike prior to arbitration. This voluntary agreement will hopefully serve as a model and basis for continued improvements in dispute resolution, and should be at least extended if not made permanent beyond its current expiry date of October 2011. In 2011, the MOLVT will be encouraged to shorten the conciliation period for disputes arising under CBAs, as per the recommendations of the MOU. Alongside these higher level commitments, the implementation of which the ILO will stand ready to assist, the Office will also work with constituents –namely the Ministry of Labour (MoLVT), GMAC, CAMFEBA and union federations and confederations- to increase the use and effectiveness of workplace grievance procedures to prevent small disputes from escalating, and with this, enhance mutual trust (between workers and employers) and faith in internal (i.e. enterprise level) dispute management. On the government side, the ILO will work specifically to boost the capacity of the MoLVT to promote workplace grievance procedures. Capacity building and training for provincial officials responsible for dispute resolution will also be a priority under this DWCP, in particular with regard to dispute prevention, conciliation, arbitration, and collective bargaining. MOLVT at the central level will be the lead partner, with ILO support. The ILO will also undertake in the first year of the DWCP efforts to secure the continuation of the Arbitration Council, in recognition of the important role it has played in furthering a more harmonious industrial relations environment in the country. To these ends a strategy paper on the continuation of the AC will be produced –jointly by the ILO and Arbitration Council Foundation- and submitted to potential donors for consideration of funding. Programme Strategy 27 | P a g e i. ii. iii. iv. Provide technical assistance and guidance, where requested, to the Government and social partners in the effective implementation of the MOU on Industrial Relations (September 2010) Promote –through capacity building and promotional and awareness-raising activities- the increased use and effectiveness of workplace grievance procedures to prevent escalation of small-scale disputes Provide on-going training and capacity building for provincial officials, including on gender equality in dispute resolution Working with the Arbitration Council Foundation, produce a strategy paper on the case for sustaining the Arbitration Council, and conduct donor outreach with a view to securing funding to extend its tenure Performance Indicators Targets 1.2.1. Grievance procedures are recognised in standard workplace rules/regulations By 2013, MOLVT incorporates grievance procedures into standard workplace rules with bipartite support 1.2.2. Workers and employers use grievance procedures, dialogue and negotiations to prevent and resolve disputes By 2015, there is a 20% increase in the use of grievance procedures 1.2.3. Continuation of independent and impartial arbitration procedures through the Arbitration Council By 2013, external/internal funding secured for an extension of the tenure of the Arbitration Council 1.2.4. Harmonisation between official record keeping procedures for conciliation and arbitration By 2014, MOLVT has harmonised record keeping between Labour Disputes Department and Arbitration Council 1.2.5. Length of dispute procedures in circumstances where CBAs exist By 2013, MOLVT agrees to shortened dispute procedure in circumstances where CBA exists, in line with September 2010 MOU Outcome 1.3 Social Dialogue is both more effective and more widely employed, including collective bargaining agreements and their enforcement In addition to extending the MOU in the garment industry, collective bargaining shall also be promoted in the tourism and construction sectors. To these ends, capacity building and training for MOLVT officials shall be delivered, including the development of specific guidelines for how to concretely promote and facilitate collective bargaining. Efforts will also focus on capacity building for the secretariat and members of the tripartite Labour Advisory Committee (LAC) to more effective carry out their responsibilities (with the support of the government). This includes more robust representation of members’ interest, preparation of agenda items, and preparation for discussion and engagement. Programme Strategy i. ii. iii. Promote and facilitate the expansion of collective bargaining agreements to additional sectors, particularly tourism and construction, through regular and expanded training to workers and employers Devise and conduct capacity building and training for MOLVT officials, including the development of guidelines on how to effectively conduct collective bargaining Conduct capacity building activities with the secretariat and members of the tripartite Labour 28 | P a g e Advisory Committee, to enhance the effective implementation of its mandate –namely a more robust representation of members, stronger organisational management and planning, and more comprehensive discussion and (tripartite) engagement Performance Indicators Targets 1.3.1. Availability of agreed official guidelines promoting collective bargaining By 2014, MOLVT guidelines on promoting CB have been developed and adopted with bipartite support 1.3.2. Number of new CBAs registered in new industries or sectors By 2015, 5 new CBAs in new industries or sectors are registered Outcome 1.4 National labour standards reviewed, revised or developed in line with relevant international labour standards and reported upon to international supervisory and monitoring bodies The ILO’s country strategy with regard to international labour standards (and the alignment of national standards therewith) will focus on four main areas of assistance. First, it will promote –through gap analyses, tripartite awareness-raising and validation workshops – the ratification by 2015 of 2 International Labour Conventions, as selected by constituents out of the following 7 Conventions: the Tripartite Consultations (International Labour Standards) Convention, 1976 (No. 144); the Indigenous Peoples Convention, 1989 (No. 169); the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159); the Night Work Convention, 1990 (No. 171) – in connection with a denunciation of the obsolete Night Work (Women) Convention, 1919 (No. 4); the Domestic Workers Convention, 2011 (No. 189); the Promotional Framework on Occupational Safety and Health Convention, 2006 (No. 187); or the Maritime Labour Convention, 2006 . The second area will involve technical assistance to the government to discharge its reporting obligations under the ILO Constitution, including: (i) Article 19 questionnaire on social dialogue (2012); (ii) Article 22 reports on all ratified Conventions, in particular C. 87 & C. 98 in response to the conclusions of the Conference Committee on the Application of Standards of 2010 and 2011; (iii) capacity-building (including workshops, the development of materials and the strengthening of the legal framework) on the application of C. 122 (employment policy) and C. 29 (forced labour of prisoners). The third strand of the ILO programme strategy will focus on national labour law reform, in particular capacity-building to apply forthcoming new legislation on labour relations. Finally, the ILO will also utilise the next DWCP cycle to widen and improve its outreach activities connected to international labour standards, in particular by engaging proactively with the UN country team, through the provision of substantive advisory services to help the RGC meet its obligations under UN human rights instruments. Programme Strategy i. ii. Work with constituents to identify and promote the ratification of 2 ILO Conventions, as selected by constituents (to include gap analyses and awareness-raising and validation workshops) Provide technical assistance to the government to report on and effectively apply ratified conventions, in particular those pertaining to social dialogue and tripartism, child labour and non-discrimination. As much as possible, assistance on reporting will be synchronized with technical inputs to help strengthen 29 | P a g e labour law and other labour market governance institutions Assist the government of Cambodia apply new labour relations legislation Conduct outreach activities on the promotion of standards with key national stakeholders, including the UN country team iii. iv. Performance Indicators Targets 1.4.1. Number of international labour Conventions ratified and applied by Cambodia By 2015, Cambodia has ratified and is applying at least 2 additional International labour Conventions 1.4.2. Reporting obligations under the ILO Constitution discharged in a timely manner, in particular the annual report on non-ratified Conventions (“Art. 19 reports”) and reports on ratified Conventions (“Art. 22 reports”) By 2013, two Art.19 reports have been submitted and 80 percent of Art.22 reports have been submitted on time Outcome 1.5 More effective application of equality and rights at work for discriminated and vulnerable groups The ILO strategy for promoting equality and rights of discriminated and vulnerable groups of workers (women, persons with disabilities, migrant workers, domestic workers and indigenous peoples) centres on three key pillars of assistance.22 First it will entail technical assistance and support to constituents in developing national laws, prakas and policies in line with international legal instruments safeguarding the fundamental rights of all workers to equality of opportunity and treatment in employment and social protection. Secondly, the Office will work alongside constituents to increase equitable service delivery (including skills development and training, public employment services, business development and financial services) to discriminated and vulnerable groups of workers, and to develop and implement specific measures to eliminate discrimination and exploitation (the latter of which is particularly pertinent in the case of migrant workers). Finally, it will work on advocacy and awareness raising of the rights of discriminated groups in the labour market, through which it will aim to facilitate stronger representation of these groups in decision making in organizations (particularly workers’ and employers’ representatives) and in governance mechanisms. Programme Strategy i. ii. iii. Provide technical assistance and support to constituents in developing national laws, prakas and policies in line with international legal instruments safeguarding the fundamental rights of all workers to equality of opportunity and treatment in employment and social protection Work with constituents to protect and increase equitable service delivery to discriminated groups of workers, and to develop and implement specific measures to eliminate discrimination Strengthen advocacy on the rights of discriminated groups, enabling their representation in decision making in organizations and in governance mechanisms Performance Indicators Targets 22 Among those groups of workers listed, all are considered discriminated (in both the labour market and wider society), except for migrant workers, whose difficulties stem less from discrimination than from poor information and inadequate legal protections –both at the recruitment stage and in the destination country, where exploitation and decent work deficits are widespread. At the same time, owing to cumulative results of discrimination throughout the life-cycle, women tend to be overrepresented in certain types of low-skilled and low paying jobs as migrants (such as domestic work), which increases their risk of exposure to gender-based violence. 30 | P a g e GENDER MIGRANT WORKERS PERSONS WITH DISABILITIES DOMESTIC WORKERS INDIGENOUS PERSONS 1.5.1 Explicit inclusion of gender equality issues in national policies and action plans of ILO constituents From 2011 to 2015 Gender Mainstreaming Action Plans (GMAPS) are designed, implemented and evaluated by the MOLVT, the MIME and CAMFEBA and 2 trade union federations carry out at least one specific gender equality measure 1.5.2 Number of male and female leaders among constituents, MOWA and gender networks trained through TOT on rights promotion and gender equality mainstreaming strategies in employment, social protection and industrial relations By 2015, at least 100 female and 100 male leaders have been trained on rights promotion and gender equality mainstreaming strategies in employment, social protection and industrial relations 1.5.3. Complaints mechanism and monitoring procedures for recruitment of migrant male and female workers established By 2013, a formal national complaints mechanisms in place and monitoring procedures for labour recruitment established 1.5.4. Number of migrant resource centres operational in providing advice and information on safe migration By 2012, migrant resource centres are established in three provinces 1.5.5. Adoption of legal regulations to facilitate the implementation of the government SubDecree on migrant sending By 2013, regulations for the implementation of the Sub-Decree on migrant sending have been adopted 1.5.6. Percentage of businesses meeting the legal quota requirements for employing persons with disabilities (who should make up 2% of the firm’s workforce) By 2015, 50 percent of formal sector businesses are meeting the 2% quota requirement for employing men and women with disabilities 1.5.7. Ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) By 2015, Cambodia has ratified the UNCRPD 1.5.8. Number of practical measures (e.g. education and training, awareness/advocacy campaigns, new legal provisions, policy recommendations), implemented by key Government ministries/departments and social partners to promote decent work for domestic workers By 2015, the MOLVT, MOWA and social partners implement at least one practical measure to promote decent work for domestic workers 1.5.9. Number of government officials and other stakeholders (including ILO social partners and NGOs/indigenous peoples organisations) receiving training using ILO tools on the rights of indigenous peoples and on appropriate policies that protect IP’s traditional lands and economic resources By the end of 2012, 65 persons from Government institutions, social partners and NGOs/indigenous peoples organisations (equitable representation of women and men) have been trained 31 | P a g e 1.5.10. Number of additional communities recognised and registered by relevant government authorities By the end of 2013, a total of 121 communities have received a letter of recognition from Ministry of Rural Development, 70 of which have also received a letter of registration from the MOI 1.5.11. Proportion of registered indigenous communities having developed internal rules for the sustainable use and management of land and natural resources (in accordance with the sub-decree on the procedure of registration of indigenous communities’ land) By the end of 2012, at least 25 communities have developed internal rules for the sustainable use and management of land and natural resources CP PRIORITY 2: PROMOTING AND ENABLING DECENT EMPLOYMENT GROWTH, WITH A PARTICULAR FOCUS ON YOUNG PEOPLE The Employment Challenge The employment challenge in Cambodia is characterised by a number of factors which together conspire to hinder decent job creation and with it, restrain the progress of balanced growth and poverty reduction. First is the country’s narrow economic base, which despite having driven growth rates in Cambodia into double figures during the last decade, has been less impressive at providing adequate and diversified job opportunities for the country’s fast growing labour force, comprised largely of young women and men. Although sectors like garments have provided critical stimuli to the post-war economy as well as jobs for hundreds of thousands of mostly poor Cambodians, their overall contribution to employment has been small compared to the majority that remains in low productivity and subsistence agriculture. What’s more, with only modest progress having been made toward economic diversification to date –both within and beyond current sectors- the challenge of how to generate jobs for a labour force that will soon add around 300,000 new –mostly young- entrants every year is becoming an increasingly daunting one for the country’s policymakers. The second major challenge is the profound and growing mismatch between the skills of the labour force and those demanded by employers in the labour market. This mismatch, which stems from systemic weaknesses in the country’s education and training systems, has lead to labour market inefficiencies that have both constrained the employability and earning potential of Cambodian men and women and undermined the country’s wider national competitiveness vis-a-vis others countries. In an open economy keen to attract FDI as a strategy for growth and development, this is a major weakness, and one that is clearly reflected in Cambodia’s poor regional standings for labour and enterprise productivity. To address this, attention needs to be placed not only on reform of the education and particularly technical and vocational education and training systems (to better equip the future workforce with the skills and competencies the labour market needs) but also on developing and widening access to public employment services –which can provide both information and guidance to jobseekers and establish important linkages and information flows between employers, workers, and training institutions. The third challenge is that of vulnerable employment. As in much of developing Asia, official unemployment in Cambodia remains low –a product of the fact most working age people cannot afford the “luxury” of being unemployed or searching for the perfect job. However, while the majority of those able to work are doing so, the quality of employment across large swathes of the economy remains low, and usually insufficient to bring sustainable gains to living standards. According to the 2008 census, workers in 32 | P a g e vulnerable employment, defined as those in unpaid family work and own account workers, make up more than 80 percent of the employed in Cambodia –an absolute increase since 1998 but a decline in percentage terms. The bulk of these workers can be found in agriculture (particularly unpaid family workers), but there are also growing numbers in the urban informal sector, where unskilled migrants from poor rural areas often find themselves. Women and men engaged in vulnerable employment face a host of decent work deficits which undermine their own social and economic mobility as well as the country’s progress toward balanced and inclusive growth. Not only are they typically exposed to lower wages, longer hours, and poorer (and often more dangerous or unhealthy) working conditions than those in other types of work, they also face poor job and income security, obstacles in access to social protection and basic services, and weak or absent representation through unions. Given that Cambodia’s recent impressive growth has failed to make significant inroads to reduce the prevalence of this type of employment, it is clear that new policy approaches are needed in the coming years to accelerate the transition away from vulnerable and into more “decent” forms of employment. ILO Programme on promoting and enabling decent employment Outcome 2.1 Effective National Employment Policy and relevant institutional framework developed for promoting equitable employment and protection The process of developing a National Employment Policy (NEP) for Cambodia with a focus on youth will be research and consultation based, and will be driven by tripartite partners and importantly, an InterMinisterial Steering Committee to oversee its implementation. This committee will be led by the MoLVT and will form the main coordinating and advisory body at the national level in the execution of the NEP. In this regard, the ILO will provide support to both the Ministry of Labour to actually establish and run the committee and the committee members, to enhance their capacity to perform its key functions effectively. While a number of prerequisites for the committee’s establishment are already in place, to actually establish it will require additional legal provisions (namely a government decree). Once operational, the committee will then meet to decide on the content of the NEP before finalising the strategy document, together with an accompanying Action Plan for Employment. An initial round of consultations have already taken place in this regard between workers and employers groups, and this will be followed with further consultations during 2011 and early 2012 to enable them to provide effective inputs to the NEP. The data from the 2012 Labour Force Survey (assisted by the ILO) will provide the basis of the supply side of the NEP. A concept note for the strategy has been prepared as part of the EU-funded project on Social Protection and Employment and additional in depth sectoral research is envisaged in order to develop clear sector-level recommendations for employment policy (this research will also cover the gender dimensions of the employment challenge in these sectors, and where necessary will make specific recommendations aimed at overcoming barriers to gender equality in access to and quality of employment and other labour market services). This will lead into the finalisation of the Policy and its endorsement (subject to a government timeline) alongside the 5 year Action Plan for Employment. Programme Strategy i. ii. Provide technical support, inputs and guidance to government and social partners to strengthen the data and information base on the labour force and sectoral dynamics of the employment challenge – namely, the publication of the LFS and a number of diagnostic research studies Provide technical support in the design and development of the National Employment Policy document 33 | P a g e iii. iv. v. Support the establishment of a formal legislative framework for the NEP and an associated coordinating body (i.e. an inter-ministerial steering committee) Conduct capacity building of constituents on the NEP (through training primarily) Adapt toolkit for mainstreaming employment into national economic and social policies to national context and disseminate to constituents and key stakeholders. Performance Indicators Targets 2.1.1. Availability of Labour Force Survey and report data By end of 2012, the Cambodia Labour Force Survey and Report is published and disseminated 2.1.2. Information base on sectoral employment dynamics is increased By 2012, diagnostic studies covering at least three sectors are completed 2.1.3. Number and coverage of training courses provided on elements and themes relevant to the NEP, with a particular focus on young women and men By 2013, at least one inter-ministry training has been conducted with officials from MoLVT and other ministries/departments, together with at least one similar training each for employers’ and workers’ organisations 2.1.4. Formal institutional mechanism for the implementation of the NEP is established, with relevant provisions made for equitable gender representation within its membership By 2013, an inter-ministerial steering committee for decent work and the national employment policy is established and operational, with 40 to 60 percent membership of either sex, and with accompanying monitoring responsibilities/obligations Outcome 2.2 23 Enhanced employability of men and women through improved skills development and public employment services Cambodia plans to implement a comprehensive roadmap to human capital development which will see increased investment in workforce skills as a strategy to expand employability and decent work opportunities and with it, broaden the country’s growth potential(s). Part of this process will involve strengthening the current TVET system through a revision and upgrading of skills standards, which in their current state are not only too few in terms of occupational and sectoral coverage, but are also poorly aligned with industry needs. Sectors earmarked for skills standards development in the coming years include tourism, garments, and construction –all important sectors for future growth in Cambodia. In addition, the development of public-private partnerships in TVET will also form an integral part of the plan, as will improving both human capacity (i.e. teachers’ skills) and physical infrastructure (e.g. facilities and equipment) in the TVET system and strengthening the National Training Board (which provides the main institutional mechanism for coordinating and joint programming in TVET). Public employment services (PES) in Cambodia will continue to cushion impacts on labour market transitions for workers and enterprises. This means carrying out and strengthening their roles in the provision of improved labour market information; job search assistance and placement services; and the administration of a variety of labour market programmes. Its network of job centres will continue to 23 For optimum gender equity in the membership of this body, it must comprise between 40 and 60 percent of either sex, and no less than 30 percent of one (i.e. male or female, meaning that no one sex shall make up more than 70 percent of the membership). Explicit mention will also be made in the committee’s terms of reference of the need to mainstream gender concerns across all functions, so as to promote gender equality in all aspects of the National Employment Policy. 34 | P a g e provide improved services to jobseekers and employers through new and updated tools and labour market information. Throughout the next five years the ILO will continue provide technical assistance, advisory services, sharing and adaptation of tools and capacity building assistance in both skills development and employment services. It will also seek to assist the MoLVT and National Employment Agency (NEA) with resource mobilisation from the donor community as a means to supplement existing government plans, particularly for the expansion of employment services across the country. Programme Strategy i. ii. iii. iv. Provide technical assistance to the development of skills standards in key sectors, together with appropriate mechanisms for testing and certification Provide capacity building support to MoLVT and NEA to enhance their ability to collect, analyse and report on labour market information Support the NEA through training, advisory services and the development and adaptation of tools for improved public employment services, particularly career counselling, identification of job profiles, and the provision of job search assistance and placement services Assist the NEA with resource mobilisation for the expansion and professionalization of public employment services Performance Indicators Targets 2.2.1. Number of skills standards developed/adapted in priority sectors of the economy By 2015, at least 3 skills standards developed/adapted in 2 priority sectors (manufacturing and tourism) 2.2.2. Number of men, women and youth trained in standardised skills for priority sectors By 2015, there is a 20% increase in the number of women, men and youth trained in priority sectors 2.2.3. Number of people trained, skills assessed and certified By 2015, there is a 20% increase in the number of graduates assessed and certified per year 2.2.4. Number of jobseeker registration and placements By 2015, there is a 30% increase in jobseeker registrations per year and a 20% increase in placements per year (disaggregated by gender) 2.2.5. Number of NEA and job centre staff trained by NEA in employment services and career guidance and counselling By 2015, there is a 30% increase in the number of NEA and job centres’ staff trained Outcome 2.3 Improved MSME business and entrepreneurship skills and services Enterprise development is key to Cambodia’s future development, both in terms of sustaining decent job creation and enabling the poor to rise above poverty. This is particularly true of the countryside, where poverty is most highly concentrated and employment often most scarce. In this regard, the ILO will continue to build on the work it has done to date to improve the sustainability, competitiveness and responsible practices of Cambodian micro and small enterprises (MSEs, or MSMEs if medium-sized enterprises are included), particularly in rural areas, through both training and capacity building activities and the practical interventions of new and existing technical cooperation projects. 35 | P a g e In recognition of the key role women and youth entrepreneurs can play in driving socio-economic development, and to maximise the potential for job creation through entrepreneurship, the ILO will also utilise the DWCP cycle to build on earlier technical cooperation to widen access to relevant and genderresponsive business development and financial services, especially in underserved rural areas. Advice and training will be provided to strengthen the technical, vocational, financial, and business skills of (potential) women and youth entrepreneurs to enable them to establish competitive and sustainable enterprises. Concomitant efforts at the policy level to strengthen the national and local policymaking context for entrepreneurship will also form an important component of this work. Specific support will also be extended to communities of indigenous persons through the existing Creative Industries Support Programme –a joint UN programme (of which ILO is an implementing agency) aimed at fighting poverty through the commercialisation –and preservation- of these communities’ cultural and traditional products.24 In this regard, the ILO’s component will focus on expanding economic opportunities through (a) greater land tenure security (which entails supporting the land-titling process through community registration with the Ministry of Rural Development); (b) more widespread and culturally appropriate business and economic services; and (c) the formation of producer groups for specific types of artists and producers, and the provision of basic financial literacy and business skills to help improve their employment and economic prospects. ILO will build on its current work on microfinance impact assessment and social performance at the global level in Cambodia. It will continue to strengthen the capacities of selected microfinance institutions to develop innovative products or services such as savings, credit, insurance, or non-financial services in order to better address the business and individual financial needs of their clients. ILO will aim to replicate successful microfinance impact assessment methodologies and tools to promote responsible finance and contribute to improving the decent work situation of client entrepreneurs. Programme Strategy i. ii. iii. iv. Work with social partners and other institutions to expand the availability of relevant business development support services to all citizens, particularly rural women and youth (men and women) Provide technical support and guidance to constituents and business associations to lobby for and promote a conducive policy and institutional environment for enterprise development Strengthen the institutional capacity of selected financial service providers to widen access to diversified, sustainable and socially responsible financial and non-financial services Provide technical assistance to expand economic opportunities among communities of indigenous persons through greater land tenure security, more appropriate and accessible business development services, and support to the establishment of viable producer groups Performance Indicators Targets 2.3.1. Number of institutions adopting and applying gender-responsive micro and small enterprise (MSE) development policies/strategies in rural areas By 2015, at least 5 institutions have adopted and are applying MSE development policies/strategies in rural areas 2.3.2. Number of institutions adopting ILO tools for MSME development in high growth sectors By 2015, at least one national institution and two business associations will adopt ILO tools for the 24 CISP is a joint initiative of UNESCO, UNDP, FAO, and ILO worth US3.3million (2008-2011). It is funded by the Spanish MDG fund under its thematic window for Culture and Development, and is aimed at contributing to three of the country’s Millennium Development Goals: MDG1 - Eradicate extreme poverty and hunger; MDG 3 - Promote gender equality and empower women; and MDG 8 - Develop a global partnership for development. It operates in four provinces: Kampong Thom, Mondulkiri, Rattanakiri and Preah Vihear. 36 | P a g e support and strengthening of local enterprises 2.3.3. Number of financial service providers introducing innovative and socially responsible financial or non-financial services to their clients By 2015, at least 4 partner-microfinance institutions have developed and introduced innovative savings, loans, or insurance products or training services to their clients 2.3.4. The number of IP communities with active producer groups linked to markets and viable sectors By 2015, at least 10 IP communities have established producer groups with access to economic services and links to productive markets Outcome 2.4 Effective progress made to enhance enterprise productivity and competitiveness The ILO’s work on enhancing workplace productivity and competitiveness in Cambodia shall centre on the implementation of one or more of the following strategies. First, the ILO shall assist social partners to better understand the importance and meaning of enterprise productivity by developing an "enterprise productivity training manual," which will utilise –and adapt- existing ILO tools on business development, together with new data and insights on the productivity challenge in Cambodia from recent ILO work, particularly in the garment industry where its Better Factories Cambodia (BFC) programme has conducted research and sought to build consensus with industry partners on strategic priorities and approaches for productivity enhancement. Academic and practical insights on the issue should also be gathered from other research, both inside and outside Cambodia, for a broader scope of options. These tools should then form the basis of a new productivity training programme which social partners and other relevant institutions can provide independently at the enterprise level. The ILO will offer assistance both in the development of this programme and in guiding its delivery to enterprises. Good practice approaches for improving productivity designed during the aforementioned stages should also be translated into tangible interventions through the development of pilot programmes at the enterprise level. In such instances, enterprises will be selected in a number of key sectors (and particularly small and medium sized enterprises, in reflection of their predominance in terms of employment generation in Cambodia) and supported to introduce new initiatives to enhance competitiveness and productivity. Wherever possible, social partners should lead these pilots, with technical support and guidance from the ILO. In recognition of its manifold successes, the Government of Cambodia recently agreed with ILO to a formal extension of the Better Factories Cambodia programme until 2014.25 The focus of the programme’s work in the coming years will be to improve both its institutional and financial sustainability, in parallel with its efforts to improve the quality of its core services (labour compliance monitoring/assessment, training and advisory services) and extend coverage to currently unregistered factories, particularly subcontractors. In addition, BFC will increasingly focus on developing comprehensive training and capacity building services to promote a conducive working environment for improved industrial relations, increased productivity and better overall industry competitiveness and worker wellbeing. The programme is also working together 25 In particular, BFC has conducted 2,679 monitoring visits between 2001 and 2010, which has boosted compliance with national and international labour standards. Meanwhile, its Modular Training programme has been delivered to 61 factories and reached 2,457 participants, and its seminars on issues such as productivity, negotiation skills, and HR management have reached more than 1900 workers and managers across nearly 400 factories. 1,700 factory supervisors have received specific skills training, while nearly 60,000 production workers have received innovative training on the labour law and life in the factories through the “at the factory gates” soap opera series. 37 | P a g e with the global Better Work Programme (BW), a joint initiative of ILO and IFC created based on BFC experience, in order to diversify its services with a particular focus on quality enhancement. Ultimately, it is recognised that productivity gains cannot be achieved in any sustainable manner without being based on a foundation of consultation and consensus between workers and employers, as well as an organisational focus on workplace cooperation, industrial harmony and protection of rights at work. In this regard, ILO’s efforts at productivity enhancement shall seek to promote both tangible gains in value added from the factors of production, together with the rights of workers to organise, influence management decisions, and bargain freely over wages and working conditions. Programme Strategy i. ii. iii. iv. Develop a practical manual for enterprise productivity training, drawing both on academic and other professional research into the productivity challenge and the practical experiences of the ILO in Cambodia Identify good practice approaches for productivity enhancement at the enterprise level Design a training programme based on the content of the productivity manual, and provide support to social partners to be able to deliver training to their members In conjunction with social partners, devise pilot projects at the enterprise level to test and showcase approaches for improving productivity and competitiveness in Cambodia. Document and publicise successes Performance Indicators Targets 2.4.1. Enterprise productivity training manual used by to social partners By 2012, enterprise productivity training manual is completed and disseminated among social partners 2.4.2. Number of tools for dialogue-based productivity enhancement adopted By 2015, at least 2 tools for dialogue-based productivity enhancement adopted by CAMFEBA and employed at enterprise level among its members 2.4.3. Number of enterprises launching pilot initiatives/programmes based on ILO training and tools to enhance workplace productivity By 2015, at least 50% of enterprises having participated in ILO training on productivity have developed new pilot programmes/initiatives to boost productivity 2.4.4. Number of export-licensed garment factories in Cambodia covered by the BFC programme and effectively monitored on compliance to national labour law and international labour standards By 2015, 100% of export-licensed garment factories, including subcontractors, are effectively monitored by the BFC programme 2.4.5. Number of export-licensed garment factories that have received working conditions improvement and/or productivity enhancement services By 2015, 70% of export-licensed garment factories have been provided with working conditions improvement and/or productivity enhancement services 38 | P a g e CP PRIORITY 3: IMPROVING AND EXPANDING SOCIAL PROTECTION Background and context Government efforts at reducing vulnerability and alleviating poverty through social protection have gathered pace since the early 2000s with a range of new initiatives and programmes aimed at extending access to basic provisions like health and income support across various groups of society. These have included social welfare payments for the elderly and disabled, food distribution schemes, public works programmes (PWPs), health equity funds (HEFs) and community based health insurance (CBHI). For the most part, however, such efforts have been ad hoc, geographically limited, and heavily reliant on non-sustainable donor funding for their continuation. As such, overall coverage of social protection has remained weak, with efforts further hampered both by poor coordination among implementing parties (typically government ministries and related national bodies) and weak overall implementation capacity (a product of both human capacity weaknesses and a lack of physical and financial resources). In 2005, the ADB estimated total spending on non-health social protection in Cambodia was US$78 million -1.4 percent of the country’s GDP.26 Cambodia faces manifold challenges in the field of social protection. These include basic health and education issues like malnutrition, illiteracy and child labour to labour market inefficiencies like the predominance of vulnerable employment (which constitutes the main income earner for more than 80 percent of working Cambodians) and the acute and growing mismatch between the labour force skills and employers’ needs. Together with external economic and natural shocks (including food and fuel price crises, external trade and demand instability and natural disasters affecting food production), these factors conspire to trap millions of Cambodians in cycles of hardship, uncertainty and vulnerability. Key indicators of vulnerability Underweight children (% of total) Child mortality (under 5 yrs) Net school enrolment: - Primary - Secondary - High school Illiterate & non-primary educated population (above 15 yrs) Vulnerable employment (% of total employment) 28.8% 83 per 1000 births 94.8% 31.9% 19.4% 58.8% 82.5% Source: National Social Protection Strategy for the Poor and Vulnerable, NSPS-PV (2011) Until recently there has been no overarching policy framework that attempts to extend key aspects of a basic social floor to all groups in Cambodia, and particularly those most excluded through poverty and other access barriers. However, this has now changed with the introduction of the country’s first comprehensive national social protection strategy, the NSPS-PV. Major policy developments in social protection Major policy developments Target groups Institution in charge 26 ADB (2007) “Scaling up of the social protection index for committed poverty reduction.” Cambodia Country Report, Volume 6, Halcrow China Limited, November 2007, p4 39 | P a g e National Social Protection Strategy for the poor and vulnerable (NSPS-PV) • • Poor and vulnerable Agricultural workers Council for Agricultural and Rural Development (CARD) National Social Security Fund- implementation of the employment injury scheme; design of the health insurance scheme • Private sector employees (under labour law) National Social Security Fund for Civil Servants (NSSF-C); design of the Health insurance for civil servants • Civil Servants Ministry of Labour and Vocational Training (MOLVT) National Social Security Fund (NSSF) Ministry of Social Affairs, Veterans and Youth (MoSAVY) – NSSF-C Drafting of the umbrella Law on Social Security • • • Civil Servants Self Employed SMES MoSAVY National Social Protection Strategy for the Poor and Vulnerable (NSPS-PV) The National Social Protection Strategy for the Poor and Vulnerable, NSPS-PV was officially endorsed in March 2011 and now forms the pre-eminent national policy tool for improving and expanding social protection in Cambodia.27 The core vision of the NSPS-PV is for a country in which all Cambodians, but especially the poor and vulnerable, benefit from effective social safety nets and social security as an integral part of a sustainable, affordable and effective national social protection system. The main goal of the NSPSPV is that the most disadvantaged citizens are over the coming years increasingly protected against chronic poverty and hunger, shocks, destitution and social exclusion, and benefit from greater investments in their human capital. Under this goal, the NSPS has the following objectives: 1. The poor and vulnerable receive support including food, sanitation, water and shelter and the like, to meet their basic needs in times of emergency and crisis. 2. Poor and vulnerable children and mothers benefit from social safety nets to reduce poverty and food insecurity and enhance the development of human capital by improving nutrition, maternal and child health, promoting education and eliminating child labour, especially its worst forms. 3. The working-age poor and vulnerable benefit from work opportunities to secure income, food and livelihoods, while contributing to the creation of sustainable physical and social infrastructure assets. 4. The poor and vulnerable have effective access to affordable quality health care and financial protection in case of illness. 5. Special vulnerable groups, including orphans, the elderly, single women with children, people living with disabilities, people living with HIV, patients of TB and other chronic illness, and the like, receive income, in-kind and psycho-social support and adequate social care. Achieving these objectives requires the scaling-up and harmonisation of existing social protection programmes and the piloting of new interventions to fill the identified gaps. As a priority, the government aims to roll out new Public Works Programmes to provide jobs and infrastructure assets in poor, mostly rural communities –something in which based on its extensive experience and expertise the ILO expects to play a key part. Further down the line (i.e. when funding sources and institutional arrangements are assured), the government also expects to launch a conditional cash transfer scheme that links financial benefits to educational and nutritional outcomes among children of poor families. In addition, the NSPS-PV also aims to expand and improve the quality of community-based health insurance for low income groups of society, and includes policies and programmes both to promote (better) occupational safety and health and ensure complementary health and social welfare services for all those living with HIV/AIDS. 27 This document was formulated with technical assistance from the ILO and other development partners 40 | P a g e To implement the strategy, the RGC will consider structures and mechanisms of coordination to provide policy support, monitoring and evaluation, information and knowledge management and capacity building. The priorities are institutional arrangements, capacity building for coordination agencies at national and sub-national level and functionalized cooperation together with a monitoring structure for medium- and long-term implementation. For this, on-going social protection activities and new pilots will be assessed and integrated into a more comprehensive national programme in order to bring various schemes under one integrated programme, at least per objective. Figure 1. Scope of the National Social Protection Strategy for the Poor and Vulnerable (NSPS-PV) Social Protection Labour market policy Social Insurance (Contributory) Other insurance schemes Community -based Health Insurance Social Safety Net (Non-Contributory) Public Work Programs (Cash or food for work) Conditional or Nonconditional Cash or InKind Transfer Complementary Social Welfare Services Social Subsidy (to facilitate accesses to public utilities, health, education, housing…) Social Protection for the Poor and Vulnerable Source: National Social Protection Strategy for the Poor and Vulnerable, NSPS-PV (2011) Occupational Safety and Health Cambodia faces considerable challenges in improving the occupational safety and health conditions of its workforce –a product not only of the dominance of vulnerable (and often dangerous) employment, but also of the lack of awareness and appropriate regulations and enforcement in the formal sectors. Perhaps owing to better than average reporting systems, occupational accidents are most widely reported in the country’s garment sector, where cases of fainting due to poor ventilation and excessive working hours affect thousands of mostly women workers every year. Meanwhile, despite being an accident-prone occupation, the number of reported accidents from the construction sector is still limited due to inadequate reporting and non-disclosure of incidents. In 2009, the ILO estimated that more than 1,500 people were killed by occupational accidents –four persons every day. According to union leaders, most occupational accidents occur in construction sites and brick kilns, in the fishery sector, and in small enterprises that do not have either the knowledge about or proper systems in place to protect workers from injury risks. While the government has made significant strides in advancing the legal framework for the protection of occupational safety and health in the workplace (a process that continues today), it recognises the on-going need to strengthen workplace level awareness –particularly in underserved sectors like small business and the informal economy- and to improve the quality and quantity of reporting and inspections so as to establish a more comprehensive knowledge base for preventative measures and a more conducive environment for the enforcement of OSH standards in the workplace. Child Labour 41 | P a g e Despite rapid recent economic growth and steady progress in both poverty reduction and access to education, Cambodia still faces considerable challenges with regard to child labour. Primary school enrolment in the country has risen more than 15 percent since 1997 to 91 percent, however for the bulk of those attending school, working alongside their studies is a daily reality. In 2001 (the last year for which reliable data is available), it was estimated that around 45 percent of five to 14 year olds in the country were economically active (some 1.5 million children), and of these, around 16 percent (250,000 children) were engaged in child labour.28 The country’s MDG target is to reduce this to 8 percent by 2015. While ILO international labour standards allow light work alongside regular schooling (for children over the age of 15), the bigger problem in Cambodia remains the more than 300,000 children trapped in the worst forms of child labour –in jobs which include salt mines, factories, and sexual exploitation.29 This type of work is completely unacceptable and has severe detrimental effects not just on child wellbeing (including their physical, mental and educational development) but also on the country’s national development, through the erosion of the future human capital base. The elimination of this type of work is governed by ILO Convention 182, which has been ratified by Cambodia. Since ratifying ILO Conventions No. 138 and 182, Cambodia has adopted a number of time-bound targets and measures to reduce and eventually eliminate child labour. The country’s MDGs cover targets to reduce child labour as an indicator for poverty alleviation. Specifically, the proportion of 5 to 17-year old working children is targeted to fall from 16.5 percent in 1999 to 8 percent in 2015. These targets have also been adopted by the government’s National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA-WFCL) (2008-2012), and the government has also committed to the ILO’s global goal to eliminate all the worst forms of child labour (WFCL) by 2016. These national and global targets are referred to as the Cambodia’s Twin Goals on child labour. With the help of the ILO-IPEC programme, Cambodia has made important strides in raising awareness of child labour and mainstreaming its key challenges into key national policy frameworks, including the National Social Protection Strategy (NSPS-PV, described above) and the Education Sector Plan. However, more efforts are required, particularly with regard to the elimination of the worst forms of child labour, which a recent study has indicated will need at least US$20 million a year to eliminate in line with the ILO 2016 goal. HIV/AIDS Cambodia is one of the few countries globally that turned back a large scale epidemic with an effective national HIV/AIDS prevention program. The policy, which required condom usage among all sex workers, was clearly successful from a public health perspective but it also entailed a number of human rights abuses against sex workers. During the past several years, the government has taken a contrary stance and has closed brothels in most cities, thus forcing the sex industry underground. This has significantly hampered prevention programs in the industry and has led to a significant increase in new HIV infections among sex workers. Recently, the government expressed interest in returning to the previous condom program but adopting a more human rights based approach – something the ILO stands ready to support in line with its global commitment to promote working conditions for sex workers and increased access to HIV prevention, care, support and treatment services. 28 The ILO defines child labour as work that is mentally, physically, socially or morally dangerous and harmful to children, and interferes with their schooling by: (i) depriving them of the opportunity to attend school; (ii) obliging them to leave school prematurely; or (ii) requiring them to attempt to combine school attendance with excessively long and heavy work (see www.ilo.org/ipec for more information). 29 The 2001 Cambodian Child Labour Survey found 250,000 children to be working in the Worst Forms of Child Labour (WFCL). However, more recently, 2008 estimations from the Understanding Children’s Work Project (a joint initiative of the World Bank, ILO and UNICEF) suggested there could be as many as 313,000 children in this type of work. 42 | P a g e ILO Programme on improving and expanding social protection Outcome 3.1 Increased quality and coverage of social protection The ILO’s programme strategy for social protection will be centred on four core needs identified by an earlier needs assessment. These are as follows: 1. A coordination mechanism needs to be established at national and decentralized level to ensure the effective and efficient implementation of the NSPS-PV Over the period 2011-2015, the implementation of the NSPS will be tested with some programs (such as health equity funds, HEFs) that need to be further expanded to cover 100 percent of the poor (instead of 77 percent today) and some experimental programs (such as cash transfers and public works programmes) that need to be tested. Under the 2011-2015 DWCP, the ILO will focus its attention on devising local level (i.e. in commune, districts, and provinces) implementation strategies for the NSPS-PV, namely the development of a coordinated Single Window Service (called “PEOPLE Service”) through which key tasks -like registration of the beneficiaries, “profiling” through vulnerability and skills assessments, and information sharing, for example- can be executed. As part of this service, which will be rolled out as a pilot in the next year, the ILO will also support the government in establishing a database to monitor and evaluate implementation, as well as ensuring the Window serves as an effective means to provide information and guidance on social protection to its intended beneficiaries. 2. The financial sustainability of investing in social protection needs to be demonstrated Working through the ILO’s EU-funded project on linking social protection to employment, a social protection expenditure review and modelling exercise will be finalized and will be applied in the final design of new social protection schemes that should in the long run be financed through national resources. The ILO will also train government officials from implementing ministries on modelling for costing exercises, support the government’s related plan to conduct a fiscal space analysis and social protection financing strategy (& budget reallocations), and document experiences and lessons learned from the initial implementation of the Single Window Service (on a pilot basis) 3. The benefit of investing in social protection needs to be demonstrated and the progressive graduation from poverty to decent work supported A core objective of the NSPS is not only to provide people with basic social protection that can alleviate poverty but to ensure that these same people can graduate on a sustainable basis from poverty to higher levels of income and social protection. Linking social protection to measures to increase employability (through vocational training, access to public employment programs, support to entrepreneurship and micro-enterprise growth, and job placement in the formal sector, for example- is an important means by which this can be achieved, and in this regard forms another key component of the ILO’s DWCP programme for social protection. Two approaches will be adopted in this regard: (1) ensuring that workers enrolled under the NSPS-PV’s public works programmes have also access to health care –through automatic registration into social health protection schemes, for example; and (2) using (certain) social protection benefits as an incentive to increase the efficiency of employment services, and therefore to increase employability. This may be done by providing additional transfers in cash to those families who register 43 | P a g e under the training or PWP components, or by providing them with additional social services (counselling, child care centres, and so on). 4. The further implementation of social protection schemes needs to be continued and supported The ILO will also provide technical assistance in the development or scaling up of basic social protection schemes (health equity funds, School feeding programmes, and cash transfer schemes, for example) and PWPs during the pilot testing phase of the implementation of the NSPS (2011-2015). In particular, the ILO will also support the government in further developing social security schemes through a proposed new health insurance scheme of the NSSF & NSSF-C and through the drafting of the Social Security Law (that will cover civil servants and all workers that do not fall under the labour law). Related to this, it will also help in the drafting of necessary legal documents, including Laws, Sub-Decrees, Prakas and contracts (with service providers, for example); in the final design and costing of benefit packages (using existing ILO-created modelling tools); in drafting implementation plans; and in establishing and upgrading management information systems for the NSPS-PV. Specific support to the Public Works Programme component In the coming DWCP cycle, the ILO will assist the Council for Agricultural and Rural Development (CARD) to develop an implementation strategy for the Public Works Programme Component (PWP) of the National Social Protection Strategy for the Poor and Vulnerable (NSPS-PV). Part of this will necessarily involve interventions to build institutional and technical capacities of local government units at the sub-national level for improved PWP programme delivery. In addition, the ILO will also work with government and other partners to develop and implement pilot activities to demonstrate specific PWP sub-components with a geographical focus. It will collaborate closely with the core group on social protection, particularly the ADB, World Bank and the World Food Programme (WFP), and will seek to mobilise additional financial resources from bilateral and multilateral donors to support PWP programme delivery. Programme Strategy i. ii. iii. iv. v. Support the government in establishing a coordination & monitoring mechanism for decentralised implementation of the NSPS –namely through a Single Window Service Help design a sustainable financing strategy of non-contributory social protection based on the evaluation of the pilot testing phase Provide on-going technical advice and assistance to the Single Window Service as it is pilot tested, and develop linkages between the component schemes of the NSPS-PV and other employment related services at the local level Support the formal evaluation of the Single Window Service to draw lessons learned and support the final design of the implementation plan of the NSPS Design of contributory Social security legislation and schemes, as well as implementation of the Health Insurance Scheme of the NSSF are supported Public Works Programme Component i. ii. Assist CARD to develop an implementation strategy for the PWP component of the NSPS-PV, including provisions to strengthen capacities of local government units to deliver effective public works programmes Work with Government partners to develop and execute pilot PWP activities to demonstrate specific components in different geographical areas 44 | P a g e iii. Engage with major funding agencies (such as the World Bank and ADB) supporting the NSPS-PV with a view to securing longer term resource arrangements for PWP delivery Performance Indicators Targets 3.1.1. Social Protection Expenditure Review (SPER) and modelling tool for calculating future social expenditures are completed and submitted to Cambodian counterparts By 2011, SPER and modelling tool are completed and submitted to Cambodian counterparts 3.1.2. Implementation plan of the NSPS is completed By 2012, the implementation plan of the NSPS is completed 3.1.3. Single Window Service for delivering key functions of the NSPS-PV is pilot tested By 2012, the Single Window Service has been/is being piloted in at least 1 province 3.1.4. Health insurance scheme of the NSSF & NSSF-C is piloted By 2013, the health insurance scheme of the NSSF & NSSF-C is piloted in at least one province 3.1.5. Draft Social Security Law and associated legal documents are approved By 2013, draft Social Security Law and associated legal documents are approved 3.1.6. Number of workdays generated through the public works programme (PWP) component of the NSPS-PV By 2015, 5 million workdays of employment generated 142,000 rural workers through the PWP component of the NSPS-PV Outcome 3.2 Improved institutional and legal mechanisms for the promotion of Occupational Safety and Health in the workplace The Cambodian national OSH system requires wholesale improvements, particularly with regard to its legislative framework, compliance assurance (including inspection and the system of reporting on occupational accident and diseases), and advocacy and training in small enterprises, agriculture, and the construction sector. Strengthening national OSH capacities based on effective targeting and the development of a National OSH Programme will help both raise awareness of the importance of OSH in national policy spheres and improve the overall OSH situation at the workplace level. The ILO’s programme strategy for improving Occupational Safety and Health will centre on the provision of technical assistance to the government and social partners to finalise and implement the second national OSH programme, in line with the ILO Plan of Action (2010-2016) and the ILO Global OSH strategy and promotional framework convention. Alongside this, the ILO will work to reinforce national OSH competencies through the training of labour inspectors, strengthening the OSH legal framework, and refining the system(s) for reporting on occupational accidents and diseases reporting systems. ILO will also launch initiatives (i.e. pilot projects and/or training of local trainers) with government and social partners to extend OSH protection to currently underserved workplaces in the SME, construction and agricultural sectors, and will help social partners to develop national standards for recognition of industrial accidents and diseases, together with relevant compensation schemes. Much of this assistance will be provided with the financial backing of the ILO/Japan bilateral programme, the continued support of which will help Cambodia to realise the effective implementation of OSH planning and its penetration to smaller workplaces across all sectors of the economy. In addition to this, a broader 45 | P a g e programme of action could be supported at the national level based on existing good OSH practices to extend the protection in the aforementioned target sectors. Practical mechanisms to strengthen the reporting system could come as part of a national social security and protection project. Programme Strategy i. ii. iii. iv. v. Provide technical assistance to finalise and implement the Second National OSH Programme in Cambodia Reinforce national capacities in OSH through training of labour inspectors and technical support to improve the legal framework (for OSH protection) and better report OSH accidents and diseases. Launch pilot programmes to extend OSH provisions to underserved workplaces in key sectors (particularly small businesses, agriculture and construction). Provide technical assistance to develop national standards for recognition of industrial accidents and diseases, as well as relevant compensation schemes. Where possible and applicable, work with government and social partners to devise new technical assistance projects to further enhance national capacities to strengthen and broaden the coverage of OSH provisions in Cambodian workplaces. Performance Indicators nd 3.2.1. 2 National OSH Programme is adopted and implemented Targets nd By 2013, the 2 National OSH Programme has been adopted and implementation is underway 3.2.2. Number of new OSH inspectors trained by MoLVT using ILO tools By 2015, there has been at least a 50% increase in both the number of OSH inspectors trained and the number of annual OSH inspections conducted 3.2.3. Number of workers and employers in small enterprises, construction and agriculture that have received practical OSH training from local trainers By 2015, 1,500 workers and employers (combined) have received practical OSH training 3.2.4. Adoption of prakas on OSH for construction workers By 2013, the government has adopted prakas on OSH for construction workers 3.2.5. Proportion of enterprises registered on national OSH reporting system/database are reporting OSH data from their enterprise By 2015, 70% of registered enterprises have reported enterprise-level OSH data Outcome 3.3 Effective progress made toward the elimination of child labour, especially its worst forms Working largely through the IPEC time-bound project (2008-2012) the ILO’s goal in Cambodia is to reduce the number of children engaged in the worst forms of child labour (WFCL) in the country, and to over the longer term eliminate the use of child labour altogether. The IPEC project’s objectives are to improve national and provincial policy frameworks to support the achievement of National and ILO “twin goals” for reducing child labour by 8 percent by 2015 and ending all WFCL by 2016; strengthen the capacity of national institutions and key stakeholders, mobilize networks at the provincial and national levels to effectively combat WFCL and increase public awareness; and withdraw and prevent targeted children from WFCL in the 15 selected provinces through the development and implementation of models that can serve as the basis for good practices for replication. 46 | P a g e A recent analytical study of the resources required to eliminate the worst forms of child labour by 2016 noted that it was possible to do so with a resource commitment of US$60-90 million for the next six years.30 This study, combined with the upcoming National Child Labour Survey should provide a solid basis on which to fine tune and formulate future programmatic directions for effective work to end child labour, and most urgently the worst forms of child labour by 2016. Cambodia is also in a position to “fast track” this effort given the extensive policy work and capacity building efforts to date. The key areas therefore to focus on in the DWCP period include: (i) a clear and coherent policy and plan of Action to ending the WFCL by 2016 based on the findings of a national child labour survey, and one where linkages with complimentary efforts related to education, social protection, and poverty reduction are factored in as major contributors towards this effort; (ii) financing of the policy and plan of action through internal and external support implying a significant resource mobilization effort by the constituents to realise this; and (iii) local level capacity to implement action is effectively realised and executed. Programme Strategy i. ii. iii. Support and advise the government in developing a comprehensive and coherent policy and plan of Action for ending the worst forms of child labour by 2016 based on the findings of a national child labour survey, and ensure that such frameworks are closely linked to complementary national initiatives in the education, social protection and poverty reduction Support constituents to mobilise external resources to fund the implementation of the Policy and Plan of Action Design and conduct capacity building for constituents at the local level to more effectively implement action as per required in the national policy and action plan Performance Indicators Targets 3.3.1. Sound data on the nature and extent of child labour available By 2012, the National Child Labour Survey is published and disseminated 3.3.2. 2nd National Plan of Action (NPA) on WFCL 2012-2016 formulated and approved and linked to the National Social Protection Plan and the Education Sector Development Plan By 2012, the NPA is approved by the government, and has clear linkages with the National Social Protection Plan and the Education Sector Development Plan 3.3.3. Proportion of children aged 5-14 years engaged in child labour By 2015, the proportion of children aged 5-14 years engaged in child labour is reduced to 8% nationally Outcome 3.4 Enhanced delivery of targeted prevention and care programmes for HIV/AIDS in the world of work The ILO will work with tripartite partners, sex worker advocacy groups and the national AIDS commission to develop a set of guidelines on managing HIV and AIDS programs in the entertainment sector. The guidelines will draw on the key principles of ILO Recommendation 200 (on HIV and AIDS and the world of work), which stress the need for access to occupational safety, HIV prevention, care and treatment for all workers, including sex workers. As a second step, the ILO will assist entertainment establishments to form an association under CAMFEBA to develop model policies and programs to improve delivery of HIV prevention and care for entertainment workers. To reinforce enterprise level activities, the ILO will scale 30 UCW (2009) “Towards eliminating the worst forms of child labour in Cambodia by 2016: an assessment of resource requirements.” Understanding Children’s Work, ILO, UNICEF, World Bank 47 | P a g e up pilot activities with the Food and Services trade union to increase participation of entertainment workers in tripartite negotiations focused on improving working conditions in this sector. Programme Strategy i. ii. iii. Work with tripartite partners, sex worker advocacy groups and the national AIDS commission to develop a set of guidelines on managing HIV and AIDS programs in the entertainment sector Assist entertainment establishments to form an association under CAMFEBA to develop model policies and programs to improve delivery of HIV prevention and care for entertainment workers. To reinforce enterprise level activities, support the up-scaling of pilot activities with the Food and Services trade union to increase the participation of entertainment workers in tripartite negotiations for improved working conditions (including access to health care services) Performance Indicators 6. Targets 3.4.1. Availability of agreed guidelines on occupational safety and health for entertainment workers, with a core component on HIV/AIDS (in line with ILO Recommendation 200) By 2015, tripartite occupational safety and health guidelines for entertainment workers are established 3.4.2. Establishment of an officially recognised national body representing entertainment sector business owners By 2015, a new association of entertainment owners is established to implement guidelines (in 3.4.1. above), and is sanctioned by the Government and National AIDS Commission 3.4.3. Number of entertainment workplaces demonstrating policies and programs established in line with OSH guidelines for the entertainment sector By 2015, policies and programmes are established in 30 enterprises in line with OSH guidelines for the entertainment sector 3.4.4. Number of entertainment workers joining relevant trade unions and advocating for improved working conditions Between 2012 and 2015, at least 500 entertainment workers have joined trade unions annually as new members Management and Implementation As a framework to support and help assist the Cambodian government to meet its national development goals, the effective implementation of the Decent Work Country Programme (as determined by the achievement of the programme outcomes) requires steadfast commitment from all implementing partners –namely, the ILO’s constituent partners in the government, workers’ and employers’ organisations- and stakeholders (particularly development partners, civil society and wherever possible, the private sector), as well as effective mechanisms for cooperation, consensus-building and participation at all levels and at all stages of the process. As a participatory development framework, the DWCP is designed so that the government and social partners are simultaneously the key beneficiaries (together, obviously, with the groups they serve) and implementers of its component interventions. In this respect, these parties will be expected to participate fully in the implementation of the programme as well as monitoring and assessing its performance throughout the course of the five year cycle. Although the government has necessary oversight over the implementation of development programmes and policies in the country, the nature of the DWCP will mean that governance mechanisms -such as project advisory committees and thematic working groups- will be 48 | P a g e made up also of workers’ and employers’ representatives, in addition to government officials. Where necessary, and as specifically outlined under Outcome 1.1 of the DWCP (under the industrial relations and rights at work priority area), the ILO will take steps to strengthen the capacity of all constituents to contribute effectively to these fora, in such areas as research and analysis and project design, implementation and monitoring and evaluation. Partner commitments and resource mobilisation It is important to recognise that many of the activities outlined in the 2011-2015 DWCP represent joint commitments between the ILO and the Royal Government of Cambodia, and that owing to resource limitations on both sides (the Cambodian government is fiscally constrained and reliant on aid, and the ILO is not a donor or funding agency), the achievement of some are based on assumptions of resource mobilisation. Where funding gaps are identified, the ILO will make every effort to mobilise resources both internally and from its partners in the UN and wider development community (both bilateral and multilateral, and also including the private sector). It will also work with constituents to explore financing partnerships within their own networks and beyond, so as to maximise the possibilities for achieving in full the various components of the DWCP. The ILO’s performance in Cambodia is also assessed by its contributions to the government’s national development agenda and the UN’s strategic assistance framework in the country, UNDAF. A number of activities envisaged in the DWCP will be implemented in partnership and/or cooperation with other UN agencies, including project interventions on the extension of health insurance and entrepreneurship development. ILO commitments to –and alignment with- the UNDAF in the country will be measured and assessed under the UN’s annual review process and supplementary reporting obligations to the Cambodian government. Communication and Knowledge Sharing Throughout previous country programmes the Decent Work Agenda has received strong support at every level in Cambodia. However, to expand on this it is imperative for the ILO to communicate the Decent Work message and its precepts to all target audiences in the country, including the wider public. The ILO must engage in communication with its constituents and beyond to establish greater awareness and understanding of Decent Work as a paradigm for bringing fairness and inclusiveness into the current model of globalization, realizing Cambodia’s Millennium Development Goals, reducing poverty and promoting sustainable development. A key finding from the review of the Decent Work Country Programme (DWCP) for 2008-2010 was that the level of communication and knowledge sharing was lacking. The ILO in Cambodia has now taken steps to improve communication quality, frequency and methodology both internally and externally. Efforts are being made to disseminate knowledge more effectively amongst DWCP stakeholders. Throughout the process of developing the Decent Work Country Programme for 2011-2015, awareness-raining, knowledge sharing and consultation with tripartite partners have been more frequent, more comprehensive and more effective overall than it was throughout the development of the Decent Work Country Programme for 20082010. Resources are being mobilised to intensify efforts in communication and advocacy emphasised on the Decent Work Agenda and the DWCP. Also, as a response to recommendations outlined in the Decent Work Country Programme 2008-2010 review, the ILO in Cambodia has now developed a communications strategy focused on the DWCP. The strategy builds upon the ILO’s strong presence and significant achievements in Cambodia as the basis of a campaign to raise its public profile. This is extensive and encompasses awareness raising activities in the immediate aftermath of the endorsement of the new DWCP in addition to on-going activities. Initial 49 | P a g e proposed promotional activities following the endorsement of the DWCP include a publication of the signed DWCP document, an evening speaker event on youth employment, a photo exhibition, a press conference, an opinion piece on Decent Work for local media, a short promotional video, the updating of the DWCP leaflet. On-going communications activities in the strategy include the building and maintaining of effective media relations, strong branding of the ILO and our messages, strengthening the ILO’s message through increased use of the Internet and updating and expanding upon the ILO Cambodia’s promotional materials. A quarterly e-newsletter has been developed which gives each of the ILO projects in Cambodia the opportunity to put forward news and key information to stakeholders. In addition, employers, trade unions and government are being approached in order to devise improved methods of communication and information sharing between the ILO and its constituents. The level of knowledge sharing and consultation with tripartite partners throughout the development of the Decent Work Country Programme for 2011-2015 has been documented in detail through accounts given via interviews and consultations for an upcoming report entitled Documenting the Development of Cambodia’s Decent Work Country Programme 2011-2015. Other long-term communications activities include the improving of our media response system, the upgrading of our booklet The Work of the ILO in Cambodia and our leaflet Decent Work in Cambodia. 7. Monitoring and Evaluation Monitoring and evaluation of ILO interventions under the DWCP is an integral part of its internal programme and budget review process, which takes place every two years (in line with organisational planning and budgeting cycles). However, in line with earlier recommendations for stronger institutional mechanisms to assess the value and success of ILO interventions, a new body will be created at the national level to coordinate a formal monitoring and evaluation process. It is envisaged that Monitoring and Evaluation (M&E) of the 2011-2015 DWCP will be conducted through the upcoming Inter-ministerial Steering Committee on Decent Work, the establishment of which forms part of Outcome 2.1 (on the establishment of a National Employment Policy). In addition to being the main coordinating and advisory body at the national level in the execution of the NEP, this committee will also be responsible for (a) coordinating and ensuring the timely fulfilment of Cambodia’s international reporting obligations on ratified ILO conventions, and (b) monitoring and assessing progress on the implementation of the DWCP, including the management of associated risks (like shortfalls in political will and resource availability). Using the Results Based Management framework set out in this document (particularly the performance indicators and targets, and related milestones), the steering committee will convene at least once a year to review progress and outline challenges and recommendations for the successful implementation of the DWCP (including revisions and adjustments to the programme where necessary). In the intervening period before the establishment of the committee (scheduled for 2013), and in the event that external factors delay this process further, the ILO will meet M&E obligations through a tripartite annual meeting of employers, unions and government ministries. The ILO will also conduct a detailed mid-term review of the DWCP cycle in 2013, in conjunction with the government and social partners. This will assess progress toward the achievement of DWCP outcomes, as well as address any need for adjustment or reorientation of related outcomes according to changing practical realities or economic and political circumstances. 50 | P a g e 8. Risk Management As a framework programme covering multiple interventions and activities, the ability of the DWCP to manage risks effectively will depend not only on framework-wide planning, but also on the strength of individual risk management strategies at the project and outcome level. While the latter are more comprehensively contained in project documents and biennial work plans, the former is based around three main areas of identified risk. (1) Political commitment from ILO constituents The DWCP requires strong support from ILO constituents. Once the document has been endorsed, it shall be the responsibility of these actors to lead (joint) efforts at awareness raising, capacity building, lobbying for support for the programme within government bodies and among development partners. More importantly, the constituents shall also assume full ownership of the programme and alongside ILO, will be held accountable for its deliverables. While ILO will provide technical and financial support toward the achievement of its objectives, the success of the programme will only be possible with the political commitment and practical actions of the government, workers and employers. (2) Capacity of the constituents to implement, monitor and evaluate Although not entirely contingent on it, effective implementation and monitoring and evaluation of the DWCP will be heavily influenced by the ability of constituents to establish organisational or administrative structures to oversee the various components of these tasks. With constituents currently lacking the capacity (both financial and human) to undertake this independently, the ILO is thus supporting the establishment of an Inter-ministerial Steering Committee on Decent Work, which as mentioned will form the primary administrative body for the monitoring and evaluation of the DWCP. Under the auspices of this body, constituents will also be expected to conduct internal capacity building to ensure that local structures in particular are in place to monitor and evaluate the progress of the DWCP at the output level. They will also be responsible for outreach with all stakeholders of DWCP activities, who also have a role in making constituents accountable for the programme’s deliverables. (3) Resource mobilization Resource mobilisation is a clear risk to the full and effective implementation of the DWCP, since a large proportion of planned activities are contingent on as yet un-secured funding. To help mobilise funds for the programme, the ILO will conduct comprehensive donor mapping exercise in Cambodia, as well as pursue a new communication and engagement strategy with the major donors in the country. Central to this will be the better communication of the ILO’s work in Cambodia and its key results to date, particularly in relation to their contribution to aid effectiveness, national development plans and the Millennium Development Goals, as well as more effective promotion of the organisation’s competitive niche in the multilateral system (particularly the UN Country Team). Should sufficient resources not be forthcoming in the first biennium of the programme (2012 to 2013), the DWCP mid-term review will provide an opportunity to review resource mobilisation strategies with constituents, and where necessary revise outcomes and re-programme assistance to best reflect the prevailing financial constraints. 51 | P a g e 9. Endorsement Insert signatures. Ministry of Labour and Vocational Training CAMFEBA Unions (list) International Labour Organization Anyone else we missed? 52 | P a g e 10. Annexes Annex 1: Timeline of DWCP consultation and design 53 | P a g e Annex 2: ILO Conventions ratified by Cambodia C. 4 Night Work (Women) Convention, 1919 (No. 4) 24.02.1969 C. 6 Night Work of Young Persons (Industry) Convention, 1919 (No. 6) 24.02.1969 C. 13 White Lead (Painting) Convention, 1921 (No. 13) 24.02.1969 C. 29 Forced Labour Convention, 1930 (No. 29) 24.02.1969 C. 87 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) 23.08.1999 C. 98 Right to Organise and Collective Bargaining Convention, 1949 (No. 98) 23.08.1999 C. 100 Equal Remuneration Convention, 1951 (No. 100) 23.08.1999 C. 105 Abolition of Forced Labour Convention, 1957 (No. 105) 23.08.1999 C. 111 Discrimination (Employment and Occupation) Convention, 1958 (No. 111) 23.08.1999 C. 122 Employment Policy Convention, 1964 (No. 122) 28.09.1971 C. 138 Minimum Age Convention, 1973 (No. 138) Minimum age specified: 14 years 23.08.1999 C. 150 Labour Administration Convention, 1978 (No. 150) 23.08.1999 C. 182 Worst Forms of Child Labour Convention, 1999 (No. 182) Source: ILOLEX. http://webfusion.ilo.org/public/applis/appl-byCtry.cfm?lang=EN&CTYCHOICE=1190&hdroff=1 (Accessed 21st August 2011). +++END+++ 54 | P a g e Revisions made according to QAF comments on the Cambodia DWCP, 2011-2015. 20 Oct 2011 Based on the comments of the QAF, which were reviewed in full with the country director, programme officer and technical consultant, the following major changes/revisions were made to the DWCP document: • • • • • • • • • • • • • CP priorities have now been linked to global P&B outcomes and explicitly referenced in the document. ILO’s role as a lead or participating agency in the achievement of UNDAF outputs is now clearly specified. Gender recommendations (mostly concerning wording and terminology) have been incorporated throughout the document. A new section has been added (section 4) under the heading “ILO’s prior work in Cambodia,” which responds directly to QAF concerns over the continuity and experience of ILO’s interventions in the country. Concerns about the low profile of “youth” employment issues have been rectified, see Outcomes 2.1 – 2.3 (N.B. The national employment policy will have a special focus on youth). Section 6: Management and Implementation has been revised to include a sub-section on “resource mobilisation and partner commitments,” which sets out both an approach for resource mobilisation and the responsibilities of the implementing partners. Also added to section 6 is reference to the planned communication and knowledge sharing strategy, which responds directly to the recommendations of the 2010 independent country programme review. Section 7: Monitoring and Evaluation has been strengthened with added information on the roles and responsibilities of the proposed inter-ministerial steering committee, as well as the mid-term review process for the DWCP. Section 8: Risk Management is a new section, responding both to QAF concerns and independent review findings. The implementation plan has been improved (including reference to baselines, milestones, and risks and assumptions, and responsible persons), but as with most other DWCP documents, current cost estimations for the achievement of the outcomes are not available. On funding, it has already been recommended by the consultant -and agreed in principle by field staff and management in Bangkok- that a comprehensive donor scoping and mapping exercise should be undertaken in Cambodia as a matter of priority. This is also mentioned in Section 8 on risk management (resource availability is a major risk to this programmes). The executive summery was added to give a brief note on the context and contents of the DWCP. The preface was added following the suggestion. Please note: specific concerns made at the outcome and indicator levels have been taken up by related specialists both in the field (i.e. project staff in Cambodia) and the ILO office in Bangkok (DWT and RO), and revised where necessary and appropriate. All technical specialists involved in the 1 drafting of this document have had full opportunity to provide inputs and revisions and are consequently satisfied with the document in its current form. 2 DWCPCAMBODIA Indicators Means of verification Baseline and start (Data sources, date Targets Year 1 2011 Year 2 2012 Milestones Year 3 2013 Year 4 2014 Year 5 2015 Assumptions and risks Responsible staff/entity f d RIGHTS AT WORK CP PRIORITY 1: IMPROVING INDUSTRIAL RELATIONS AND Outcome 1.1. Professional and technical capacities of constituents strengthened 1.1.1 Number of new products and services launched by CAMFEBA (or improvements made to existing products and services) New products and/or services (e.g manuals, training materials, training, legal services) launched or existing services improved 1.1.2. Number of policy position and Policy position papers recommendation papers produced by CAMFEBA for consideration by the Government By 2013: 6 model CBAs developed and published By 2015, at least 4 new products or services have been launched or at least 4 existing services have been improved By 2015, at least 3 new comprehensive submissions for policy consideration are submitted by CAMFEBA to the government each year Assumptions: ACTEMP will continue to provide strong and on-going assistance to CAMFEBA; ILO assistance is timely, appropriate and effectively applied/utilised by CAMFEBA. DR Assumptions: ACTEMP will continue to provide strong and on-going assistance to CAMFEBA; ILO assistance is timely, appropriate and effectively applied/utilised by CAMFEBA. DR 1.1.3. Number of education and training programmes conducted with unions and related stakeholders Training materials By 2015, at least 60 education and training programmes have been provided to union beneficiaries on various key labour issues, including 3000 local union leaders and 300 trainers through TOT (40 to 60 per cent and at minimum 30 per cent will be of either sex) 1.1.4. Number of union federations developing official strategies and work plans for organising (new members) Strategy and workplan documents By 2015, every union confederation has developed organising strategies and accompanying work plans 1.1.5. Number of new collective bargaining agreements signed Official copies of signed CBAs By 2015, 30 new CBAs signed 1.1.6. Number of research or analytical studies conducted and published / number of training materials published Published analytical studies / training materials By 2015, at least one study on minimum wage setting“ and one on ”union multiplicity and unity“ published PA By 2015, trade unions engage in at least two bipartite and tripartite consultation fora per year PA 1.1.7. Number of forums of bipartite and tripartite social dialogue participated in by unions on key aspects of the labour law and industrial relations PA By 2013: 6 model CBAs developed and published Assumptions: cordial PA labour-management relationships established for good faith bargaining; the labour law respected and enforced Outcome 1.2. Improved mechanisms and processes for dispute resolution By 2013, MOLVT incorporates grievance procedures into standard workplace rules with bipartite support Assumption: political will for improved procedures, and employer and worker buy-in for these procedures JR 1.2.2. Workers and employers use grievance procedures, dialogue and negotiations to prevent and resolve disputes By 2015, there is a 20% increase in the use of grievance procedures. Assumption: political will for improved procedures, and employer and worker buy-in for these procedures JR 1.2.3. Continuation of independent and impartial arbitration procedures through the Arbitration Council By 2013, external/internal funding secured for an extension of the tenure of the Arbitration Council Assumption: funds will be secured from an external source 1.2.4. Harmonisation between official Official recongition of harmonisation of record keeping procedures for record keeping from conciliation and arbitration MoLVT By 2014, MoLVT has harmonised record keeping between Labour Disputes Department and Arbitration Council Assumption: Political will and capacity to deliver from MoLVT JR 1.2.5. Length of dispute procedures Official dispute in circumstances where CBAs exist procedures By 2013, MOLVT agrees to shortened dispute procedure in circumstances where CBA exists, in line with September 2010 MOU Assumption: MoLVT agrees to shorten the procedures in a timely manner JR Assumption: MoLVT produces guidelines in a timely manner JR,PA 1.2.1 Grievance procedures are recognised in standard workplace rules/regulations Standard workplace rules Outcome 1.3. Social Dialogue is both more effective and more widely employed, including collective bargaining agreements and their enforcement 1.3.1. Availability of agreed official guidelines promoting collective bargaining Guideline documents By 2014, MOLVT guidelines on promoting CB have been developed and adopted with bipartite support 1.3.2. Number of new CBAs registered in new or emerging industries or sectors Official records of CBAs, copies of signed CBAs By 2015, 5 new CBAs in “new” industries or sectors are registered JR/PA Outcome 1.4. National labour standards reviewed, revised or developed in line with relevant international labour standards 1.4.1. Number of international labour Conventions ratified and applied by Cambodia 1.4.2. Reporting obligations under the ILO Constitution discharged in a timely manner, in particular the annual report on non-ratified Conventions (“Art. 19 reports”) and reports on ratified Conventions (“Art. 22 reports”) Official progress reports (dated); Art 19 and Art 22 reports (dated) By 2015, Cambodia has ratified and is applying at least 2 new International labour Conventions TD Assumption: Political will for ratification and timely ratification of selected conventions By 2013, two Art.19 reports have been submitted and 80 percent of Art.22 reports have been submitted on time Assumption: Government commits time and resources to the reporting process TD NH Outcome 1.5. More effective application of equality and rights at work for discriminated and vulnerable groups 1.5.1 Explicit inclusion of gender equality issues in national policies and action plans of ILO constituents Gender Mainstreaming Action Plans; project documents From 2011 to 2015 Gender Mainstreaming Action Plans (GMAPS) are designed, implemented and evaluated by the MOLVT, the MIME and CAMFEBA and 2 trade union federations carry out at least one specific gender equality measure Assumption: political will for the inclusion of gender concerns in national policies; ILO social partners have the capacity, will and resources to implement related programmes 1.5.2 Number of male and female leaders among constituents, MOWA and gender networks trained on rights promotion and gender equality mainstreaming strategies in employment, social protection and industrial relations Training materials By 2015, at least 100 female and 100 male leaders have been trained on rights promotion and gender equality mainstreaming strategies in employment, social protection and industrial relations NH Assumption: availability and appropriate selection of leaders by government and social partners (including the gender balance) 1.5.3. Complaints mechanism and monitoring procedures for recruitment of male and female migrant workers established Published guidelines for grievance procedure and monitoring guidelines for recruitment By 2013, a formal national complaints mechanisms in place and monitoring procedures for labour recruitment established Assumption: timely MT,NB acceptance and institutionalisation of complaints mechanism and monitoring procedures by government 1.5.4. Number of migrant resource centres operational in providing advice and information on safe migration project progress reports (ILO TRIANGLE project) By 2012, migrant resource centres are established in three provinces 1.5.5. Adoption of legal regulations to facilitate the implementation of the government Sub-Decree on migrant sending Legal regulations By 2013, regulations for the implementation of the SubDecree on migrant sending have been adopted MT,NB Assumption: government's eventual timeframe for implementation matches DWCP timeframe 1.5.6. Percentage of businesses meeting the legal quota requirements for employing persons with disabilities (who should make up 2% of the firm’s workforce) By 2015, 50 percent of formal sector businesses are meeting the 2% quota requirement for employing men and women with disabilities EP Assumption: availability of as yet unsecured external resources 1.5.7. Ratification of the UN Confirmation Convention on the Rights of documents of Persons with Disabilities (UNCRPD) ratification By 2015, Cambodia has ratified the UNCRPD Assumption: political will for ratification and timely ratification 1.5.8. Number of practical measures implemented by key Government ministries/departments and social partners to promote decent work for domestic workers By 2015, the MOLVT, MOWA and social partners implement at least one practical measure to promote decent work for domestic workers 1.5.9. Number of government officials and other stakeholders (including ILO social partners and NGOs/indigenous peoples organisations) receiving training on the rights of indigenous peoples and on appropriate policies that protect IP’s traditional lands and economic resources By the end of 2012, 65 persons from Government institutions, social partners and NGOs/indigenous peoples organisations (equitable representation of women and men) have been trained 1.5.10. Number of additional communities identified by MRD for registration and registered Official letters signed by MRD and MoI; Reports of IP organizations and support organizations; project progress/monitoring reports 1.5.11. Proportion of registered indigenous communities having developed internal rules for the sustainable use and management of land and natural resources (in accordance with the sub-decree on the procedure of registration of indigenous communities’ land) Printed/published internal rules; project progress/monitoring reports 2010: 51 communities have been recognised or registered with appropriate government ministries (31 have a letter of recognition from Ministry of Rural Development; 20 have a letter of registration from the Ministry of Interior) By the end of 2013, a total of 121 communities (cumulative from 2010 baseline) have received a letter of recognition from MRD, 70 of which have also received a letter of registration from the MOI MT,NB EP NH SY Assumption: availability of suitable persons to undergo training; availability of funds for implementation By the end of 2011, 30 communities have received letter of recognition from MRD 10 of which recieved letter of registration with MoI (noncumulative) By the end of 2012, at least 25 By the end of 2011, communities have developed 7 communities have internal rules for the sustainable developed internal use and management of land rules and natural resources Assumption: timely SY identification and completion of the registration process by MRD; availability of funds Assumption: SY communities are willing to, and have adequate resources, support and guidance to develop internal rules; availability of funds CP PRIORITY 2: PROMOTING AND ENABLING DECENT EMPLOYMENT GROWTH, WITH A PARTICULAR FOCUS ON YOUNG PEOPLE Outcome 2.1. Development of a National Employment Policy and relevant institutional framework for promoting equitable employment and protection 2.1.1 Availability of Labour force survey and report data LFS and report By end of 2012, Cambodia Labour Force Survey and Report is published and disseminated SD 2.1.2. Information base on sectoral Published diagnostic employment dynamics is increased studies By 2012, diagnostic studies covering at least three sectors are completed SD Assumption: availability of funds and technical resources (i.e. consultants) Training materials 2.1.3. Number and coverage of training courses provided on elements and themes relevant to the NEP, with a particular focus on young women and men By 2013, at least one interministry training has been conducted with officials from MoLVT and other ministries/departments, together with at least one simila training each for employers’ and workers’ organisations Assumption: presence of inter-ministerial coordination mechanism/provisions to ensure wide (crossministry, multistakeholder) participation By 2013, an inter-ministerial steering committee for decent work and the national employment policy is established and operational, with 40 to 60 percent membership of either sex, and with accompanying monitoring responsibilities/obligations SD Assumption: political will and support (including financial) for the steering committee 2.1.4. Formal institutional mechanism for the implementation of the NEP is established, with relevant provisions made for equitable gender representation within its membership Official recognition of institutional mechanism / published mandate and membership list SD Outcome 2.2. Enhanced employability of men and women through improved skills development and public employment services 2.2.1. Number of skills standards developed/adapted in priority sectors of the economy Official MoLVT reports By 2015, at least 3 skills standards developed/adapted in 2 priority sectors (manufacturing and tourism) CT Official MoLVT reports 2.2.2. Number of men, women and youth trained in standardised skills for priority sectors By 2015, there is a 20% increase in the number of women, men and youth trained in priority sectors Assumption: there CT is adequate take-up of training institutions offering courses in the relevant skills standards 2.2.3. Adoption of a suitable policy or legislative measure concerning the legal mandate for the assessment and certification of skills standards Official MoLVT reports By 2015, a decree or legislative order is passed regarding the assessment and certification of national skills standards in Cambodia Political will to pass CT such policy/legislation is forthcoming 2.2.4. Number of jobseeker registration and placements Official NEA reports By 2015, there is a 30% increase in jobseeker registrations per year and a 20% increase in placements per year (disaggregated by gender) Assumption: NEA CT conducts further awareness raising and establishes further linkages with private sector, particularly in areas where job centres are located By 2015, there is a 30% increase in the number of NEA and job centres’ staff trained (against 2011 baseline) CT Project monitoring/progress reports By 2015, at least 5 institutions have adopted and are applying MSE development policies/strategies in rural areas CB,AR 2.3.2. Number of institutions Project adopting ILO tools for MSME monitoring/progress development in high growth sectors reports By 2015, at least one national institution and two business associations will adopt ILO tools for the support and strengthening of local enterprises CB Project 2.3.3. Number of financial service monitoring/progress providers introducing innovative and socially responsible financial or reports non-financial services to their clients By 2015, at least 4 partnermicrofinance institutions have developed and introduced innovative savings, loans, or insurance products or training services to their clients VB 2.3.4. The number of IP communities Project with active producer groups linked monitoring/progress reports to markets and viable sectors By 2015, at least 10 IP communities have established producer groups with access to economic services and links to productive markets 2.2.5. Number of NEA and job centre Official NEA reports staff trained in employment services and career guidance and counselling Outcome 2.3. Improved MSME business and entrepreneurship skills and services 2.3.1. Number of institutions adopting and applying genderresponsive micro and small enterprise (MSE) development policies/strategies in rural areas Outcome 2.4. Effective progress made to enhance enterprise productivity and competitiveness 2.4.1. Enterprise productivity training manual available to social partners Published training manual 2.4.2. Number of tools for dialogue- Published tools based productivity enhancement adopted By 2012, enterprise productivity training manual is completed and disseminated among social partners Assumption: timely DR,CB provision of technical and financial support By 2015, at least 2 tools for dialogue-based productivity enhancement adopted by CAMFEBA and employed at enterprise level among its members Assumption: DR,CB,PA CAMFEBA approves productivity tools and is able to effectively advocate for (and advise on) their application among its members 2.4.3. Number of enterprises launching pilot initiatives/programmes based on ILO training and tools to enhance workplace productivity Project monitoring/progress reports By 2015, at least 50% of enterprises having participated in ILO training on productivity have developed new pilot programmes/initiatives to boost productivity 2.4.4. Number of export-licensed garment factories in Cambodia covered by the BFC programme and effectively monitored on compliance to national labour law and international labour standards Project monitoring/progress reports, twice-yearly synthesis reports By 2015, 100% of exportlicensed garment factories, including subcontractors, are effectively monitored by the BFC programme DR,CB By 2015, 70% of exportlicensed garment factories have been provided with working conditions improvement and/or productivity enhancement services Project 2.4.5. Number of export-licensed garment factories that have received monitoring/progress reports working conditions improvement and/or productivity enhancement services CP PRIORITY 3: IMPROVING AND EXPANDING SOCIAL PROTECTION Outcome 3.1. Increased quality and coverage of social protection, particularly among vulnerable groups 3.1.1. Social Protection Expenditure Review (SPER) and modelling tool for calculating future social expenditures are completed and submitted to Cambodian counterparts SPER document; supplementary documents for modelling tool By 2011, SPER and modelling tool are completed and submitted to Cambodian counterparts VS 3.1.2. Implementation plan of the NSPS is completed Official implementation plan By 2012, the implementation plan of the NSPS is completed VS 3.1.3. Single Window Service for delivering key functions of the NSPS PV is pilot tested By 2012, the Single Window Service has been/is being piloted in at least 1 province VS Assumption: sufficient donor and government resources are available 3.1.4. Health insurance scheme of the NSSF & NSSF-C is piloted By 2013, the health insurance scheme of the NSSF & NSSFC is piloted in at least one province VS Assumption: sufficient donor and government resources are available 3.1.5. Draft Social Security Law and Copies of the draft law associated legal documents are and associated approved documents By 2013, draft Social Security Law and associated legal documents are approved Assumption: political will and timely approval of the law By 2015, 5 million workdays of employment generated 142,000 rural workers through the PWP component of the NSPS-PV CD Assumption: sufficient donor and government resources are available Project 3.1.6. Number of workdays generated through the public works monitoring/progress programme (PWP) component of the reports NSPS-PV 2011: zero Outcome 3.2. Improved institutional and legal mechanisms for the promotion of Occupational Safety and Health in the workplace 3.2.1. 2nd National OSH Programme National OSH is adopted and implemented Programme Document 3.2.2. Number of new OSH inspectors trained by MoLVT using ILO tools By 2013, the 2nd National OSH Programme has been adopted and implementation is underway MoLVT records Assumption: availability of government resources to support the desired increase in inspections Training materials and 3.2.3. Number of workers and reports employers in small enterprises, construction and agriculture that have received practical OSH training from local trainers By 2015, 1,500 workers and employers (combined) have received practical OSH training 3.2.4. Adoption of prakas on OSH for Copy of prakas construction workers By 2013, the government has adopted prakas on OSH for construction workers 3.2.5. Proportion of enterprises registered on national OSH reporting system/database are reporting OSH data from their enterprise OSH database records; official reports from enterprises By 2015, 70% of registered enterprises have reported enterprise-level OSH data Outcome 3.3. Effective progress made toward the elimination of child labour, especially its worst forms By 2012, a training package on the WISCON manual (Work Improvement for Small Construction sites) has been adapted for Cambodia and implemented through at least one training course Assumption: political will and timely adoption of prakas Depends on project approval / funds VS 3.3.1 Sound data on the nature and extent of child labour available Published National Child Labour Survey Report By 2012, the National Child Labour Survey is published and disseminated SS 3.3.2. 2nd National Plan of Action (NPA) on WFCL 2012-2016 formulated and approved and linked to the National Social Protection Plan and the Education Sector Development Plan Official published versions of NPA, NSPP and ESDP (or equivalents) By 2012, the NPA is approved by the government, and has clear linkages with the National Social Protection Plan and the Education Sector Development Plan SS 3.3.3. Proportion of children aged 5- Child Labour Survey 14 years engaged in child labour 2001 baseline = 16%; new baseline expected in 2011 By 2015, the proportion of children aged 5-14 years engaged in child labour is reduced to 8% nationally Assumption: external resource availability SS Outcome 3.4. Enhanced delivery of targeted prevention and care programmes for HIV/AIDS in the world of work Official (published) 3.4.1. Availability of agreed guidelines guidelines on occupational safety and health for entertainment workers, with a core component on HIV/AIDS (in line with ILO Recommendation 200) By 2015, tripartite occupational safety and health guidelines for entertainment workers are established RH RH 3.4.2. Establishment of an officially recognised national body representing entertainment sector business owners Documents conveying the legal/official status of new association By 2015, a new association of entertainment owners is established to implement guidelines (in 3.4.1. above), and is sanctioned by the Government and National AIDS Commission 3.4.3. Number of entertainment workplaces demonstrating policies and programs established in line with OSH guidelines for the entertainment sector Documents/reports on enterprise level policies and programmes By 2015, policies and programmes are established in 30 enterprises in line with OSH guidelines for the entertainment sector Assumption: OSH guidelines are recognised and taken up by employers in the entertainment sector Between 2012 and 2015, at least 500 entertainment workers have joined trade unions annually as new members RH Assumption: adequate numbers of entertainment workers actually want to join unions Trade union 3.4.4. Number of entertainment membership data workers joining relevant trade unions and advocating for improved working conditions KEY - RESPONSIBLE PERSONS CT CARMELA TORRES DR DRAGAN RADIC PA PONG-SUL AHN SD SUKTI DASGUPTA SY SANDRA YU VB VALERIE BREDA TD TIM DE MEYER CD CHRIS DONNGES JR JOHN RITCHOTTE NH NELIEN HASPELS EP EMMANUELA POZZAN RH RICHARD HOWARD CB CHARLES BODWELL SS SIMRIN SINGH MT MAX TUNON NB NILIM BARUAH VS VALERIE SCHMIDT-DIABATE AR ANNEMARIE REERINK RH MEMORANDUM OF UNDERSTANDING Whereas the Royal Government of Cambodia, the undersigned workers' and employers' organizations, and the International Labor Organization (lLOJ, represented by the International Labor Office freferred collectively as Parties), wish to collaborate in order to promote and advance decent work in Cambodia. Now therefore, the Parties hereby agree as follows: 1. The Parties affirm their commitment to collaborate in the implementation of the Decent Work Country Programme IDWCPJ, The following are agreed as priorities of the DWCP: Priority 1: Improving industrial relations and rights at work; Priority 2: Promoting an enabling environment for decent employment growth, with a focus on young people; Priority 3: Improving and expanding social protection; 2. The ILO agrees to assist in the mobilization of resources and to provide technical cooperation in the implementation of the DWCP, subject to its rules, regulations, directives and procedures, the availability of funds and conditions to be agreed upon in writing. 3. In relation to the DWCP and to any activities of the ILO in the country, the Government will apply, to the Organization, its property, personnel and any person designated by the ILO to perform services for the ILO or to participate in ILO activities, the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies and its Annex I relating to the ILO, as well as the provisions of the Revised Standard Agreement concerning technical assistance signed on 28 August and 5 October 1956 between the UN,lLO, FAO, UNESCO, ICAO, WHO, ITU, WMO and Cambodia, including exempting the ILO from value added tax levied against goods, equipment works and services to be used for official purposes. 4. This Memorandum of Understanding (MpUl may be modified by agreement between the Parties, 5. Nothing in or relating to this MOU will be construed as constituting a waiver of privileges and immunities enjoyed by the ILO. The DWCP is attached to this MOU, In the event that the terms contained in the DWCP document are incompatible with the terms of this MOU, including the provisions referenced in article 3, then the MOU will govern and prevail, 7. The original of the MOU has been written and signed in English. If this MOU is translated into another language, the English version will govern and prevail. This MOU, superseding all communications on this matter between the Parties, will enter into force with effect from its signature by the authorized representatives of the Parties, For and on behalf of the Government 2O- 2 - 2olz Minister of Labour and Vocational Training For and on behalf of Employers' organization 29 - Z- 20t2 M Fr Fernando an of CAMFEBA behalf of e3-2- 20lz Mr. Ath Thorn, Re tati Cambodian Trade Unions For and on behalf of the International Labor Office Mr. fiyuan Wa "n-2-2o17 Country Director for Thailand, Cambodia and Lao PDR ffi ffi 5€ q &t: 5 t f: :Ee a': : s ass: ae5 ai imuiruq8]ndiafrmffnHffl mgmiRiunnn Rnri;mrngnlRrunfrnifi rumsq:ilnrff2n snhr1rru Rnri;miiigrrrfianminrr (rLo) irmfinmnrmu:m?unniu:nprrrfraftmrmi 1mift1 rr;urrmfiy u'rstfiimrinnnffumrrfi--sjrrfrnngni Rnurfrsmimf frJutu.ltsllutsnJngffi"l q Brg : nrslrs iin 1. : m fi 1nui1n]ff {s a ff l1rru : mfiuqnnii:mu fimrigqrG6rumgsnffmrfijilmrrfi-ujnqlpng?fimrmrruuru.llurilurs (DWcp) r 6q r en n r1m ulnf m s 1n urlnJ n m m m 0 m ni s n g?fi m im i frjur-BJlum 1ui s ru frJ : : rfr mn uilur niri sjn qt s sn n s s n?gr fr t' 3 n n3 $ r sl ni pu m im t'1 m $ m n u : r rtn ng n:u?un m nifir nm uin mr fi -ujfi i rft s m rh r frjui-fJi fi urr 6r n m a $ r rt rn B m n $g G Lufiff stu:inn r mGmn $m: urfrs Rnn1f,nftgrnrnrflJgu"1 2. nilmr tlo lnuilnltqu:rq]nnrrsms SugniftgruulufiufrmrurgnrsflrEflmmiqfgng?fi mrmrffur-BJlurilur"s a?m i n fi.iur 3. s R m rilr uJiunfl tslmu?m s n ru g a ryr i n m S n 1nt1n urlnJ n rr m u su;q fr rrurfr inn si'3n $ fi?fi ru mg s ul m g nir nRJi'j mnfigisl$tng?fimrrrinruiu.lluorlursf,r Rnn:ngmnnmquJruffHgmr uo rs{pnluisni ndiAfrmm$nnqt66im:iiilmms: 1snlnru;fr qnfin Rnqgmnmqu:inn:mfimnrmui Hilmf rr-o rfi-ujriqf6rfffingfiicn:ii;mr rr-o qfigmlsgffffngfi1n fuffr{ilmr rlo $tuUA ssisnqniqnfrJfiqgfrrg Rniirtmhnn3$rumqrnminsneU Rnaun:fg e isirgn-ignis: in n:rntdgmquim.6mt tlo fi4rnruqfrisfiglnuilrln n;n rriir rum sinilunnsn $un qm uignisnrinrumsq:inpiniarsligd tgc ia nim Snig$ u ia qnrrp eddb rfiftnilmr frJilLufflfift (uru) rr;mr rlo rrilmr FAo ffBmr UNESCo rr;mr rcAo HHmr wHo rru Rn wMo nrqul$nlursf,rngm guslnmrrrtnimniinuririlmr rLo Irngtrtfiimuipuinrulnfun r s1r fi $ R rU nipr i : m rm r R n r rufr n g i n ni1mli1fi 1m m nin urm mii nn n 6rm i r 4. n q frn i n^n : i s m ri un n ur qr s$in qU niislgn ff is : ( Mo u ) rn r $ n lntr fr m ri nilui m u: m i1n uiln] ff ifr ff m fi r qrnndgrrqurnq nnrnn:ismrrunnuJruis: Snlmlm smnqnrrnrmtru:ul frJg Snriri u:nnflJgifi rum,Hmf to 1nls s,ffm s'1 ng?fimrnrrruutu.lluaiLUts ffLgf m sBurrquli{q f unniis'lgfth n f,nrrn:ismrrunnurffrs:'i gnnrrfnin nr nning?fimlnriruur-r.11usi1urs ru8s1niup rrqu:$n punnrisl6nmq frnrnn : ismriunnu:niis: ;usinuqfrinffmsrunilrslpnlumi m tsn: Irqnntnn:ismiiunnurru rs 7. : Snlnulnn Rnm smfi nm n r hnnnirfiuisnqnnim:ismiiunnuJffrs:lpfosfrJttfrJr Snq:uBrn:anmmnnmtr6rur 1u n3 s ifr ii q nn i m : i s m rr un n uJ nrr s : 1nl m s u nilu m m m n i s r sJ n Siln smftnm m nnmnipni$n1nu1nn r n trqf,Jrtnn:ismitunnuinlts:inrunqffur'tu:nru$snn$snsinmffrr8uqnis:riltmfi trt 0iiu] s m u m I fi i n rur : u 6 r [u an r m n4 n fi nm n lniu r,p uru mm fi r niluru RnftnmnmnuinffrA z? -2- 2O/Z mimi 3 nunp :u qm ru?6r fi t : ru1rru Sn fi nmtrm uirril mr3run ff n 29-2-2ot2 Fernando ii q LU ms frJil d g 3i un n n R fl nrur nu m rin g ngng fr 29- 2 - 2012 sfi Itod rnJ]fr flflfi HnfifimffflJUtffnnHm I mnu R n n nm ff iin u:m?un niu:nsirr ff a lW i [rfl fi Jiyuan wang ff mrmt zs-..^2atz sn ui n1u d 1ui s njic nHn s ff nfl m | fur : I SLrJm ur R n sj f $ngm
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