Submission by the Cambodian Independent Teachers’ Association (CITA)

to the Committee of Experts on the Application of the

Recommendations of Teachers (CEART)

August 2012

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Index

Introduction

About CITA

Country Context

CITA Country Report

Annex 1- Matrix of Non-application of the Recommendations

Annex 2- Case Studies Violations of the Recommendations

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Introduction: The ILO/UNESCO Recommendations concerning the Status of Teachers (hereafter the Recommendations) were adopted on the 5th of October 1966. The Recommendations set forth the rights and responsibilities of teachers and the international standards for their pre-service and in-service training, recruitment, and employment and participation in educational decision making through the established formal mechanisms for consultations and negotiations between teachers and other key stakeholders. In short the Recommendations provide an international frame of reference with regards to a range of issues impacting the professional and labour rights of teachers. In addition they are designed to provide a basis for national laws or practices concerning teachers within national cultural contexts. While the Recommendations are not legal binding, all member states of the ILO and UNESCO are obliged to be familiar with the provisions and are encouraged to apply the Recommendations in their country. While the Recommendations are not legally binding, the ILO and UNESCO have formed the Joint ILO/UNESCO Committee of Experts on the Application of the Recommendations concerning Teaching Personnel (CEART). The CEART is tasked with monitoring and promoting the Recommendations and advises the ILO and UNESCO on better ways to promote and use the recommendations in Member States. CEART meets every three years to examine reports concerning the application of the Recommendations, which are provided by Member States, teachers’ organisations and civil society organisations. In order to raise an issue concerning the non-adherence by Member States to the Recommendations, the allegations must relate to the provisions of the Recommendations, must emanate for national or international teachers’ organisation and must not fall within the competence of other bodies of the ILO or UNESCO. It is in this context that the Cambodian Independent Teaches’ Associations (CITA), on behalf of its’ 9,995 members representing 11.5% of public sector teachers in Cambodia, has prepared this report which focuses on six key thematic provisions (see below) covered by the Recommendations which we allege the Ministry of Education, Youth and Sport (MoEYS) and Royal Government of Cambodia has failed to implement and request the CEART now investigate these allegations and provide suitable recommendations to MoEYS in how it can best implement the Recommendations in the future and develop a framework for consultation with the almost 100,000 public sector teachers in Cambodia. 1. Guiding Principles 2. Further Education for Teachers 3. Employment and Career 4. The Rights and Responsibilities of Teachers 5. Conditions for Effective Teaching and Learning 6. Teachers’ Salaries

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About CITA: The Cambodian Independent Teachers Association (CITA) was established in March 2000 and gained formal recognition from the Ministry of the Interior in July 2001. CITA is the largest independent, non-profit, non-governmental teachers’ union in Cambodia1

. All government employees teaching from kindergarten to university level are eligible to apply for membership and CITA currently has 9,995 members.

Through national and international campaigning, CITA advocates for improvements in the difficult working conditions currently facing teachers in Cambodia and lobbies the Royal Government of Cambodia to recognize teachers’ rights. CITA’s objectives2

are outlined in its constitution and include supporting teachers through advocating for a living wage, improved working conditions, continuous professional development and full participation of teachers within the education sector.

1 There are two other teachers associations, the Khmer Teachers’ Association (KTA) which is operated by MoEYS and operates a mutual beneficial scheme for teachers, the KTA does not seek to represent teachers but provides access to funds for health and funeral costs for members. The National Association of Educators for Development (NEAD) is a representative association of approximately 3,500 members it is member of EI and was established in 2007 after a split within CITA. 2 The eight objectives are stated in the CITA Constitution adopted in Dec 2006 (English translation)

CITA’s Objectives: • To promote the solidarity of Cambodian teachers irrespective of race, colour, sex, religion or

political opinion. • To help improve the quality of education in Cambodia. • To help protect the financial, emotional and psychological interests of teachers and to act as

a support mechanism for teachers experiencing difficulties. • To improve the standard of living of teachers by demanding and negotiating with the

government for increased salaries. • To promote good working conditions for teachers which guarantee decency, safety, security

and justice for all teachers. • To support the professional development of teachers through education and training

programs. • To promote solidarity between Cambodian teachers and international organisations and

teachers organisations worldwide. • To support human rights, democracy and social development in Cambodia through

education and by organising teachers into one voice.

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CITA’s Vision: A strong, progressive and inclusive education system for all Cambodian children in which human rights, democracy, social justice, and respect for human dignity are valued and upheld. CITA’s Mission: To unite teachers across the country; to protect and promote their rights and to advocate for trade union activities to advance the state of human rights in Cambodia. CITA Core Values: • Integrity: As an organisation we will always be reliable and accountable in words and

behaviour. • Respect for All: We believe that all people, regardless of gender, colour, race,

religion or political belief, should be treated as individuals with understanding and appreciation.

• Equal Opportunity: We believe education is the gateway to opportunity. All Cambodian teachers have the right to work in inclusive, safe and supportive conditions and all Cambodian children have the right to a quality education.

• Democracy: We believe public and private education is the cornerstone of our country. Public and private education provides individuals with the skills to be involved, informed and engaged in our democracy.

• Collective Action: We believe individuals are strengthened when they work together for the common good. As education advocates, we improve both our professional status and the quality of education when we unite and advocate collectively.

• Transparency: We believe in conducting business with openness and accountability. We believe in transparency in all of our actions, policies and procedures including interactions with stakeholders, meetings, financial statements, budget reviews and

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Country Context: Cambodia is one of the poorest countries in Southeast Asia3. Unlike several other Southeast Asian nations that have achieved transformative economic progress over the past several decades, Cambodia remains mired in poverty. While there is no doubt that Cambodia is better off in an absolute sense than it was in 1970, 1979, or even 1993, a fundamental uncertainty exists beneath the current perception of political and economic stability4

.

What is most striking and unique about the Cambodian context is the manner in which the education sector has historically impacted on Cambodia’s political and economic developments5. Despite recent reforms and investment the Cambodian education system still remains one of the weakest in South East Asia. This continued systemic fragility has a negative impact on the country’s potential economic and social development. Many teachers in Cambodia live in relative poverty and suffer very poor working conditions in which their labour and professional rights are regularly undermined6 which contribute to the failure to embed education reforms and the continued poor quality of the Cambodian education sector. The current strategies used by MoEYS to develop and implement education policy do not offer sufficient hope that this situation will be resolved, and this is compounded by the lack of power held by individual teachers and the teachers’ associations to engage constructively with the MoEYS in policy reform7

and to ensure the implementation of the necessary measures to improve the quality of the Cambodian education system.

Cambodian Education: At first glance, education in Cambodia has made incredible progress over the past two decades; it is now accessed by more children than ever in terms of enrolment rates. Significant improvements have been made in reducing the levels of uneducated populations as reflected in literacy rates and completion rates for secondary education. A clear strength has been the impressive improvements on gender equality which has been achieved within the primary sector8

.

3 UNDP, Human Development Report 2011: Sustainability and Equity An Better future for All, UNDP, 2011 hereafter UNDP 2011 4 IIEP, Education and Fragility, IIEP/UNESCO 2011 hereafter IIEP 2011 5 Tan, C., ‘Education reforms in Cambodia: issues and Concerns’, Education Research Policy 2007 & Dy, S.S., ‘Strategies and Policies for Basic Education in Cambodia: Historical Perspectives’ International Education Journal 2004 hereafter Tan 2004 6 ILO/UNESCO, Joint ILO/UNESCO Committee of Experts on the Application of the Recommendations Concerning Teaching Personnel: Report Ninth Session. Geneva, 30 October-3 November 2006 UNESCO hereafter ILO/UNESCO 9th session 2006 7 Knight K. & Macleod K., ‘Integration of Teacher's Voices into Education for All in Cambodia: Teacher status, social dialogue and the education sector’, PACT January 2004 hereafter PACT 2004 8 UNESCO Institute for Statistics, UIS Statistics in Brief – Education in Cambodia 2009, hereafter UIS 2009

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Upon closer analysis, however, the system continues to be hampered by a lack of quality, high dropout and repetition rates. The gross primary completion rate was fifty-two percent in 20079. Nearly twenty percent of first grade students repeated the grade and twenty-seven percent of all enrolled primary students were over-aged in 200910. The Ministry of Education Youth and Sports (MoEYS) has implemented a long-term Education for All National Plan for 2003–2015 to ensure increased equal educational opportunity access to students of all ethnicities, socio-economic, and geographical backgrounds, and abilities. In the short term, the government’s Education Strategic Plan 2009–201311

outlines three main educational policy areas devoted to capacity building and human resources development:

1. Equitable access to educational services; 2. Quality and efficiency of education services; and 3. Institutional development and capacity building for decentralization. However major systematic shortcomings continue to limit progress towards each of these goals. Well designed policies are often hamstrung by inadequate implementation at the school and provincial level. In general terms students are not exploring subjects in the necessary depth and quality. Critical and creative thinking learning techniques are also under-utilized in the classroom practice. This is characterized by the pervasiveness of rote teaching and learning throughout the system with the exception of schools which have implemented the child friendly schools policy. This contributes to the concern that reading habits are severely absent in Cambodia, due in part as a result of passive learning methods reinforced in schools12

.

Cambodian Teachers: Any discussion of education in Cambodia must consider the role of teachers as one of the fundamental factors contributing to the potential progress that can be made in education quality: disrespect for teachers’ labour and professional rights, limited teacher capacity and low remuneration place limitations on the capacity for reform within the system as it is currently structured13

9 VSO, ‘Teaching Matters: A policy report on the Morale of Teachers in Cambodia’, VSO/NEP Cambodia 2008 hereafter VSO/NEP 2008

. While it is important to recognise that the human resource capacity of the education sector is still recovering from the damaging legacy of the Khmer Rouge period, the current policies have set about increasing the number of teachers but still leave allot to be

10 UIS, 2009 11 MoEYS, Education Strategic Plan 2009-201, MoEYS 2010 hereafter ESP 2009-2013 12 Locard, H., Tha, L.A. Higher education in Cambodia and the atypical example of the History Department at RUPP, 2008 13 McKinsey & Company, How the World’s Best-performing School Systems Come Out on Top, OECD 2007 hereafter Mckinsey 2007 & Bascia, N. "Pushing on the Paradigm." Handbook of Education Policy Research.. New York: Routledge 2009. Hereafter Bascia 2009

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done in terms of teacher quality and participation within the education sector. During the reconstruction period, the number of trained primary and lower secondary school staff increased gradually and consistently, with an increased share of the teaching force holding upper secondary education or graduate qualifications. Four fifths of primary school teachers have completed teacher training, while practically all lower secondary school teachers have graduated from teacher training colleges. While the MoEYS has developed specific goals towards eliminating unqualified ‘contract’ teachers, their services are often still necessary14

.

Despite numerous MoEYS policies designed to strengthen teaching quality, in-service training has remained largely insufficient and professional development opportunities have been relatively scant. Only fifteen per cent of lower secondary school teachers reported having attended an in-service training session during the 2005/06 academic year15

. The lack of quality teacher trainers also presents another major impediment to progress. Cambodia currently suffers a serious shortage of experienced and thoroughly qualified teacher trainers and the disengagement for teachers as professional stakeholders with the sectors also limits the improvements in quality.

While teacher capacity as outlined above is a major challenge, the significance of teacher remuneration and the declining societal status conferred on teachers are also important considerations. In particular the professional status of teachers is consistently undermined by the refusal of MoEYS to engage with teachers as professional stakeholders. This disregard for the professional rights of teachers is illustrated within the current decentralisation and deconcentration policy of MoEYS which excludes teacher associations from participation and consultation at all levels and across a range of management topics. The D&D process has distributed some responsibility to the local level, and to some extent engaged communities. At school level MoEYS introduced block grants to schools and theoretically at least school support committees (SCC)16

were given significant authority on spending decisions. However no provision was made to formally engage teachers in this process and the success of the school support committee has varied greatly from school to school. Notably absent from the list of D&D activities is curriculum design and teacher terms and conditions which is still undertaken at the national level and from which teachers’ association are excluded.

14 VSO/NEP, 2008 15 Benveniste, L., Marshall, J. Araujo, M.C. Teaching in Cambodia. Human Development Sector East Asia and the Pacific Region, World Bank, 2008 hereafter World Bank 2008 16 School Support Committees are formed by School Director, Parents from the school community and commune representatives there is no guidelines on teacher participation although teachers do have role in many SSCs this is not formalised.

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CITA Country Report: This country report focuses on the failures of the MoEYS and the Royal Government of Cambodia to implement or to be informed in its practices and policies of the best practices contained within the Recommendations. The report does not seek to address the implementation of every recommendation but highlights the six most important recommendations as identified by CITA at this time. The original text of each of the recommendations is cited, followed by an analysis of the implementation or lack thereof. There is an overarching common theme across all of the selected articles; that is the absence of any consultative framework for the engagement of teachers’ associations in regards to the policies which impact on their members. This constitutes the most pervasive failure of MoEYS in the context of the Recommendations and we therefore appeal to the CEART to conduct a review of the allegation stated below and to issue findings and offer solutions to resolve these issues.

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Article III. Guiding Principles:

9. Teachers’ organizations should be recognized as a force which can contribute greatly to educational advance and which therefore should be associated with the determination of educational policy.

Under a number of legislative and policy measures MoEYS has stated a commitment to stakeholder participation.

The Education Law (2007)17

Article 29 states:

‘The state shall widely open participation of the relevant stakeholders…… in the process of development, draft, monitoring and assessing implementation, the review and the amendment of national education policies.’

Article 37 paragraph 4 states: ‘Educational Personnel have the right to actively and fully participate in developing educational standards at local and national levels, directly or through their representatives.’

Also in the current MOEYS ESP 2009-2013 section 7.2.2 G states: ‘The overall annual performance of the education sector is reviewed through the annual National Education Congress by the MOEYS, provincial representatives, development partners, NGOs and civil society.’

While MoEYS is clearly aware of international best practice ensuring that teachers contribute to development of education policies, there is a significant gap between policy and practice. MoEYS has never enacted any of the commitments regarding teacher participation and there is no framework for engagement between teachers and MoEYS in policy development or implementation.

Currently there are no teacher organisations recognised by the Ministry of Education, Youth and Sport18

17 Royal Government of Cambodia, Education Law 2007

for the purpose of negotiations of formal discussions regarding education reforms in Cambodia. There are two non-government teacher associations, CITA and the National Educators Association for Development (NEAD) both of which are members of Education International (EI) and are registered with the Ministry of Interior as professional associations rather teacher unions. The Khmer Teachers’ Association, KTA is a government run association which does collectives an annual membership from all public sector teachers the KTA does not

18 The KTA is organised and managed by the MoEYS but does not act as representative organisation for teachers.

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engage in teacher representation and is solely a mutual beneficial fund. While there is well developed format for Education NGO’s and Development Partners (DP’s) to engage with MoEYS through the Education Sector Working Group (ESWG) and Joint Technical Working Group (JTWG) neither of these bodies includes any teacher representatives. In addition no teacher representatives participate at the Education Congress at which policies and projects are reviewed and planned on an annual basis. The exclusion of teachers from forums where policies are discussed, especially those polices that impact directly on them, causes a sense of disempowerment and disengagement. This impact negatively on teachers’ motivation and creates a scenario where the teachers’ views are never captured or considered when creating policy. Examples of the policy areas that are discussed by the ESWG and JTWG or their sub-committees include:

• Policy on Curriculum Development for General Education 2010-2014 • Policy on Child Friendly School • Policy on Basic Education • Draft Teacher Policy • Draft Education Management Policy

All of these policies have been drafted without teacher consultation even though they impact directly on the day to day functions of the teacher. Most worryingly are the developments of policies regarding teacher training, education management, terms and conditions and the education curriculum. The extent of MoEYS failure, to ensure teacher participation can be easily measured against the adherence to the best practice set out in the Recommendations. Finally it should be noted that in addition to been excluded from all existing forums for policy dialogue, teachers are also denied the right to form unions thus further undermining the role that teachers and their associations can play in determination of education policy. In short MoEYS and the Royal Government of Cambodia generally refuse to acknowledge the role of teachers and their associations and refuse to engage in any direct meetings with the teachers associations on any issues.

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Article VI. Further education for teacher:

32. Authorities, in consultation with teachers’ organizations, should promote the establishment of a wide system of in-service education, available free to all teachers. Such a system should provide a variety of arrangements and should involve the participation of teacher-preparation institutions, scientific and cultural institutions, and teachers’ organizations. Refresher courses should be provided, especially for teachers returning to teaching after a break in service.

As stated already there is no framework for consultation between the two independent teachers’ associations in Cambodia and the government. This combined with the minimal role played by MoEYS in the provision of in-service training shows a complete disregard for this recommendation. The majority of in-service education for teachers in Cambodia is provide by a range of education NGO and DP’s operating either independently or jointly with MoEYS. A recent report by the International Institute for Education Planning19 stated that in 2005/6 only fifteen percent of lower secondary teachers had attended an in-service training session. A report by the VSO20

found that eighty-five percent of respondents had received at least one in-service since entering the profession.

CITA holds the view that the provision of in-service training should be more regular and the topics covered in such training should relate to issues of pedagogy and curriculum development and implementation rather than donor priorities or thematic projects. CITA also believes that in conjunction with teachers, MoEYS should establish minimum standards for the provision of in-service training by any organisations or DP and for MoEYS to take role in the accreditation of such in-service training which may then be linked to remuneration reform. Furthermore CITA is concerned that anecdotal evidence suggest that at the school level a select number of teachers are frequently accessing in-service training opportunities due to the client-patron system within the education system21

. This illustrates that there is a need for clear guidelines to be developed between the teachers’ associations and MoEYS regards the allocation of in-service opportunities to ensure that all teachers have an opportunity to access professional development regardless of their political affiliation and based solely on a criteria related to identified professional development needs.

19UNESCO/IIEP, 2011 20VSO/NEP, 2008 21UNESCO/ IIEP, 2011

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Article VII. Employment and career: Entry into the teaching profession

38. In collaboration with teachers’ organizations, policy governing recruitment into employment should be clearly defined at the appropriate level and rules should be established laying down the teachers’ obligations and rights.

Due to the absence of any consultative framework between teachers’ associations and MoEYS this has not taking place. While policies governing the recruitment into the profession have been developed and introduced since the early 2000’s these were developed without any consultation. In addition a number of more recent reforms such as the Education Law (2007), Teachers’ Code of Ethics (2008) and Teacher Policy which is currently been drafted have not included an consultation with teachers’ associations. This has lead to a situation where policies which are crucial to maintaining the professional standards in teaching and which outline the rights and responsibility of teacher have been developed and put into effect without any consultation. This top down approach to policy development undermines the local ownership of the policies by teachers and thus fundamental prohibits the successful implementation of these polices at school level. In addition as the policies have not been properly disseminated and limited information awareness has taken place many teachers and school directors are unaware of these policies and thus the implementation as at best been piecemeal. A major area of CITA’s work has been the provision of information to our members on the education law and code of ethics as the MoEYS has failed to do this. For example despite the Education Law having been adopted in 2007, MoEYS has yet to conduct a dissemination campaign and over forty-three percent22

of teachers surveyed had no knowledge of the education law or policies. This is area which highlight the massive potential for improved implementation of policies which could take place is MoEYS engaged in dialogue and joint information actives with the teachers’ associations.

Advancement and Promotion:

44. Promotion should be based on an objective assessment of the teacher’s qualifications for the new post, by reference to strictly professional criteria laid down in consultation with teachers’ organizations.

CITA is unaware of the existence of any professional criteria developed by MoEYS in order to determine the suitability of candidate for promotions within the education sector. Many of the shortcomings within the educations sector at school level can be attributed to the awarding for promotions to school directorships of candidates who do not have the required skills or

22 CITA, National Teacher Survey, 2011

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experiences, for example new school directors may not have any training in budget management or school planning. In addition it is commonly believed that in order to receive promotion to school director or higher positions, candidates should be member of the CCP (the ruling political party). CITA is also concerned that school directors are often appointed without any open advertisement or competition for the position having taking place. CITA calls on MoEYS to provide suitable in-service training opportunities to those wishing to become schools directors and to newly appointed school directors and to engage with the teachers’ association to develop a suitable set of selection criteria and transparent procedures for promotions and appointments. Security of tenure:

48. The authorities or bodies competent to propose or apply sanctions and penalties should be clearly designated. 49. Teachers’ organizations should be consulted when the machinery to deal with disciplinary matters is established. 50. Every teacher should enjoy equitable safeguards at each stage of any disciplinary procedure, and in particular: (a) the right to be informed in writing of the allegations and the grounds for them; (b) the right to full access to the evidence in the case; (c) the right to defend himself and to be defended by a representative of his choice, adequate time being given to the teacher for the preparation of his defence; (d) the right to be informed in writing of the decisions reached and the reasons for them; (e) the right to appeal to clearly designated competent authorities or bodies.

This is an issue of grave concern to CITA as disciplinary actions have been taken by MoEYS against several of our members in recent years (see appendix 2). The only guidelines on disciplinary measures for professional misconduct which CITA is aware of are outlined in the Civil Servant Handbook23

published by the Council of Administrative Reform. However these are general provisions applicable to all civil servants. In addition CITA has never been informed of the machinery or procedures that should be in place to deal with disciplinary matters. This has caused significant confusion regarding the correct procedures to be followed in several cases were CITA members have been subject to sanctions.

With regards the provision of safeguards for teachers, there are several cases of teacher not been informed in writing of the allegations against them and often only been informed of the sanction rather than the complaint. In addition there are cases of teachers not been provided

23 CAR, Civil Servants Handbook, Council of Administrative Reform, Royal Government of Cambodia

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with access to the evidence on which the complaint against them as been made. In one high profile case (Chinn Rithy see appendix 2) the Provincial Office of Education conducted an investigation but failed to provide the report to the teacher or to the court that is dealing with the case. It is also clear that there is an effective denial of the right to appeal, in several cases no formal procedures were provided for appeal leading to the use of media and public campaign highlight the cases rather than a formalised and independent appeals procedure. On occasion cases involving teachers are dealt with through the court system rather than through MoEYS or established professional conduct procedures. This generally causes teachers to become very hesitate about exercising their rights or logging complaints against their superiors which may lead to them becoming the targets of disciplinary actions.

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Article VIII. The rights and responsibilities of teachers: Professional freedom

62. Teachers and their organizations should participate in the development of new courses, textbooks and teaching aids.

The formal structures for the participation of individual senior/expert teachers or teacher associations in the development of new courses, curriculum reforms or the associated textbooks and teaching aids is non-existent. Furthermore it is widely believed that teachers should strictly follow the curriculum established by MoEYS and should only use textbooks and teaching aids which have been endorsed by MoEYS for use in the classroom24

. The consequence of this is that teachers may be hesitate about using teaching aid and resources that are provided directly either by teachers’ associations or education sector NGOs without sanction by the MoEYS, as they fear that this may lead to them been disciplined. The lack of consultation between teacher associations and MoEYS in curriculum reform contributes to situation in which teachers become mere functionaries of the education system rather active contributors and actors within it. The failure to implement this recommendation continued to contribute to the slow pace of curriculum reform in the class-room and poor implementation of new pedagogical methods as these methods are either unsuitable for the real classroom situation or due to teachers been disempowered from the decision making and thus less likely to enthusiastically implement new practices.

Responsibilities of teachers:

71. Professional standards relating to teacher performance should be defined and maintained with the participation of the teachers’ organizations. 72. Teachers and teachers’ organizations should seek to co-operate fully with authorities in the interests of the pupils, of the education service and of society generally. 73. Codes of ethics or of conduct should be established by the teachers’ organizations, since such codes greatly contribute to ensuring the prestige of the profession and the exercise of professional duties in accordance with agreed principles.

24 The experience of CITA and it’s partner organisation CIVICUS in attempting to provide a human rights textbook and training to teachers as part of project supported by the Robert F. Kennedy Centre for Justice and Human Rights is a prime example. The textbook concerned as been translated and used in several countries but neither it or the associated training was approve by MoEYS.

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With regards to paragraph 71 and 73, MoEYS has produced some professional standards for teachers presented in code of ethics25

however this was produced without any consultation with teacher associations. Furthermore this document has been poorly distributed and does not form significant part of the pre-service or in-service teacher training. In addition the current drafting of the draft teacher policy which commenced over eight months ago has of yet not had any participation from teachers’ associations.

In relation to paragraph 72, CITA has in the first instance always attempted to communicate with MoEYS especially with regards individual cases. This has been done through the transmission of letters to MoEYS for which a response is rarely received. Since 2011, CITA has requested that MoEYS extend an invitation for CITA representatives to attend the annual Education Congress in order to be involved in education reform. CITA cooperates with MoEYS and all relevant authorities when the policies and actions of those authorities contribute to improving the quality of education and the working conditions of our members. However as independent association we maintain the right not to cooperate in the implementation of poorly developed education reforms which are developed without consultation with our members. Relations between teachers and the education service as a whole:

75. In order that teachers may discharge their responsibilities, authorities should establish and regularly use recognized means of consultation with teachers’ organizations on such matters as educational policy, school organization, and new developments in the education service.

76. Authorities and teachers should recognize the importance of the participation of teachers, through their organizations and in other ways, in steps designed to improve the quality of the education service, in educational research, and in the development and dissemination of new improved methods.

77. Authorities should facilitate the establishment and the work of panels designed, within a school or within a broader framework, to promote the co-operation of teachers of the same subject and should take due account of the opinions and suggestions of such panes.

CITA has been requesting the establishment of a formal national framework for dialogue inclusive of teachers associations since 2009 these requests have not been successful and have been ignored by MoEYS. There is no formal mechanism for teachers associations to engage in

25 MoEYS, Sub-Decree on Ethics Code For the Teaching Profession, MoEYS 2008

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the consultation process at school, district, provincial or national level. Teachers are not included in the list of stakeholders in the guidelines developed for school support committee and no teacher association is consulted by any district of provincial office of education. At a national level the government and MoEYS in particular have sought to undermine the efforts of teachers associations to both recruit members and develop a branch structures and have actively discouraged other education stakeholders from engaging with CITA. The country offices of several development partners and large NGO’s have stated that they are unable to have formal meetings with CITA due to the perceived repercussions this would have on their relations with MoEYS. While the Education Law (2007)26

clearly lists the right of teachers to be accorded stakeholder status and to form professional associations, MoEYS has continually denied the status of teacher associations as stakeholders within the education sector and has failed to introduce legislative instruments giving effect to the relevant articles of the Education Law. The ongoing exclusion of teachers associations for any consultation or dialogue at all levels within the education system provides a major obstacle to success of education reforms and undermines the professional capacity of teachers in shaping the education system of which they are part.

Rights of teachers:

82. Both salaries and working conditions for teachers should be determined through the process of negotiation between teachers’ organizations and the employers of teachers.

83. Statutory or voluntary machinery should be established whereby the right of teachers to negotiate through their organizations with their employers, either public or private, is assured.

84. Appropriate joint machinery should be set up to deal with the settlement of disputes between the teachers and their employers arising out of terms and conditions of employment. If the means and procedures established for these purposes should be exhausted or if there should be a breakdown in negotiations between the parties, teachers’ organizations should have the right to take such other steps as are normally open to other organizations in the defense of their legitimate interests.

Several existing legislative measures relate to the labour rights of teachers. The Cambodian Constitution (1999) acknowledges the right to the freedom of association to all Cambodian citizens in Article 36, “Khmer citizens of either sex shall have the right to form and to be 26 Royal Government of Cambodia, Education Law (2007)

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member of trade unions.”, Article 42 of the constitution supports freedom of association stating that “Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order.” These rights are qualified by Article 36, which requires that regulatory laws on trade unions can be determined by national law. Despite these commitments to the right to freedom of association, teachers are in reality denied both rights under the Common Statute of Civil Servants (1994) which explicitly prevent them from forming trade unions or engaging in collective bargaining agreements. In addition there is no labour law covering the rights of teachers and their exclusion from the current Draft Trade Union Law is a continued impediment to the realisation of their labour rights. Teachers’ rights and duties are outlined under Article 37 of the Education Law (2007)27 that provides the right to form associations, organize public meetings and participate in developing educational standards in accordance with existing laws. However these aspects of the Education Law have not been given any practical effect and teachers’ associations have often had their meetings interfered with by commune and school authorities. Despite the above legal and stated policy commitments there are no mechanisms for the participation of teachers in education policy28

or collective bargaining discussions. This impairs the ability of teachers to engage with MoEYS and contribute to improvements in the quality of education.

CITA is also of the opinion that the Common Statute of Civil Servants violates both ILO Conventions 87 and 98 which have been ratified by Cambodia. The ILO-CFA29

vindicated this concern by calling on the RGC to bring the Statute into compliance with these two ILO conventions. CITA welcome the recommendations of the ILO Committees regarding the amendment of the Common Statute of Civil Servants and other legislation to ensure that their labour rights are given effect in accordance with the ILO conventions but regrets that no action as yet been taken by government to remedy this situation.

27Education Law 2007 Article 37 28 In 2011 CITA requested permission to attend the annual Education Congress the primer education planning and policy forum in Cambodia and was refused. At provincial and district level there is little or no consultation with teachers about education policy development. 29 See the recommendation of ILO Case 2222, 2002

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Article IX. Conditions for effective teaching and learning: Hours of work

89. The hours teachers are required to work per day and per week should be established in consultation with teachers’ organizations.

Cambodia’s teacher-student contact hours are below both the regional and international averages and this requires urgent reform which if linked to improvements in remuneration for teachers could significantly increase the quality of educational outcomes. CITA has set forth it proposals for extending the school year, increasing working hours per week in it position paper30

published in early 2011. Yet there has been no response to this from the MoEYS.

30 CITA, CITA Position Papers on Teachers’ Terms and Conditions, CITA, 2011

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Article X. Teachers’ Salaries (para 115-124): 115. Teachers’ salaries should : (a) reflect the importance to society of the teaching function and hence the importance of teachers as well as the responsibilities of all kinds which fall upon them from the time of their entry into the service; (b) compare favourably with salaries paid in other occupations requiring similar or equivalent qualifications ; (c) provide teachers with the means to ensure a reasonable standard of living for themselves and their families as well as to invest in further education or in the pursuit of cultural activities, thus enhancing their professional qualification; (d) take account of the fact that certain posts require higher qualifications and experience and carry greater responsibilities.

Low salaries are a major contributor to low levels of teacher motivation31 which directly undermines a core objective of MoEYS’s to create “Quality and Efficiency of Education Services”32

“Salary reform has been on top of the Education Strategic Plan 2006-2010 agenda, as well as its several predecessors, and it is considered a critical stumbling block for improving educational quality.”

. The impact of low salaries is highlighted in a World Bank in a report which stated that:

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While MoEYS has made several efforts to reform teachers’ salaries, the most recent being an increase of the basic salary in 2011 these have been done without any consultation or negotiation and problems in the disbursement system limit the effectiveness of these reforms. The current average salaries for teachers range from 240,000 Riel ($US 60) for primary school teachers, 300,000 Riel ($US 75-80) for lower secondary teachers, and 440,000 Riel ($US 100-110) for high school teachers

34. According to the World Bank in 2008, it estimated that a teacher needed a minimum salary of US$150 per month to support a typical Cambodian family with five members35. To put this into context, the cost of purchasing the absolute minimum food to meet basic calorie requirements for an individual is $19.80 per month36

. The current salary levels make it impossible for teachers to afford the basic necessities of food, housing, clothes, medicines, and rent as well as to support children and elderly relatives and often push teachers below the poverty line.

31 VSO, ‘Teaching Matters: A policy report on the Morale of Teachers in Cambodia’, VSO Cambodia 2008 32 ESP 2006-2010 33 Benveniste, L. et al ‘Teaching in Cambodia’ World Bank June 2008 hereafter Benveniste et al 34 Council for Administrative Reform, Civil Servants Handbook 2010, Royal Government of Cambodia 35 Burkhardt, 2009 36 Costs are based on July 2008 prices as indicated in VSO Teaching Matters p24

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It has not been possible to obtain full current pay scales from the Ministry of Education, Youth and Sport (MoEYS), the scale below shows the minimum and maximum basic salaries of teachers at different education levels. Considering that the national minimum wage for garment worker is now $71 per month it is clear that teachers’ salaries do not reflect the value of their work or the qualifications required to enter the profession. Furthermore the salaries differences between teachers in different sectors produce anomalies and inequalities within the profession. For that reason CITA proposes the harmonisation of all teachers’ salaries with ten percent variation based on qualifications and sector.

Category Basic Salary & Functional Allowance Scale 201237

)

Min Max A-Upp Sec $99.23 $133.88 B -Low Sec $69.3 $93.56

C -Primary $47.25 $63.63

D -Pre-school $31.5 $42.53

A 1998 report by UNICEF38

highlighted that across Asia teachers pay was averaging 1.84 times GDP, according to the latest data for Cambodia teachers salaries are .66-.90 times GDP. A comparative analysis of teacher’s average salaries is of rather limited value due to the numerous national factors and the report quoted the conclusions of Oliveira & Farrell that:

“teachers should be paid as much as is necessary to attract and maintain people with desired qualifications” 39

In the case of Cambodian Teachers this would require a major increase in teachers’ salaries in order to reflect the labour market conditions and national education objectives. At the national level, systems should be in place for the effective monitoring and a framework for dialogue between teachers associations, MoEYS and other stakeholders to be formally established.

37 MoEYS, Dept Human Resources 2012 38 Mehrotra S & Bucklan P Managing Teacher costs for Access and Quality UNICEF 1998 hereafter Mehrotra & Bucklan 1998 39 Oliveira, J & Farrell J. Teachers in Developing Countries: Improving Effectiveness and Managing Costs, World Bank 1993 hereafter Oliveira & Farrell 1993

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Annex 1

Matrix of Non-application of the Recommendations

Article Paragraph(s) Article III-Guiding Principles

8-9

Article VI-Further Education for Teachers

32-37

Article VII-Employment and Career

38-52 and 59-60

Article VIII-The Rights and Responsibilities of Teachers

61-84

Article IX-Conditions for Effective Teaching and Learning

88-93, 104-105, 110, 111-113

Article X-Teachers’ Salaries

114-124

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Annex 2 Case Studies Violations of the Recommendations

Case Study: Lobbying on Teachers Pay Teachers’ pay has long been an issue of concern for all NGO’s, Donors and CITA. Indeed it has been the single biggest campaign issue for CITA since 2004. Much of the campaigning on this issue was reactive lacked sound research or proposals on how teachers’ salaries could be increased. In 2008 a major research project was carried out by VSO and NEP and involving many education stakeholders including CITA. This research highlighted that salaries were one of the major issues for teachers. The research was also part of national and international campaign including the formal presentation of the research to the Ministry of Education. Through extensive lobbying at all levels by numerous organisations including CITA, VSO and NEP the government agreed to implement an annual increase of 20% to teachers’ salaries staring in 2009 and so far this target as been achieved each year. Further Information: www.cita.org.kh/english/education.html http://ddp-ext.worldbank.org/EdStats/KHMdprep08.pdf www.vsointernational.org/where-we-work/cambodia.asp www.nepcambodia.org/

Case Study: Teachers’ Pensions delayed for a Year In February 2011, CITA was contacted by three retired teachers in the Ba-Phnom District of Prey Veng province. The teachers had been retired for over a year but had still not received their pension payments. CITA assisted the teachers in contacting both the Ministry of Education and Ministry of Social Affairs about the case and complaint was filed with the Ministry of Social Affairs on 28th of February.

When there was no reply from either the Ministry for Social Affairs or Ministry of Education, CITA organized a public campaign and highlighted the case in the media. This resulted in the Ministry of Social Affairs making a public statement on the matter and the three teachers received back-dated payments for the 14 months that they had been retired.

Further Information: www.cita.org.kh/english/education.html

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Case Study: Mr. Chhin Rithy In August, 2011 the appeal case of Mr. Chhin Rithy came before the Court of Appeal in Phnom Penh more than two years after the first court hearing in Svay Rieng. The case goes back to a 2009 complaint that Mr. Chhin Rithy, a teacher at Neak Loeung Secondary School and CITA provincial president made against Mr. Yoeun Sovuthy the school director alleging that Mr. Yoeun Sovuthy had sold some school land to Mr. Pang Samnet without authorization and had not given the proceeds from the sale of land to the school. Mr. Chhin Rithy alleged that in 2000, Mr. Yoeun Sovuthy, asked Mr.Pang Samet to build a 21m2 chicken cage close to the school. It was at this time that Mr. Pang Samet extended the wooden fence of his property closer to the school thus encompassing an additional 128.4m2 of land. In April, 2009 Mr. Chinn Rithy logged a formal complaint and petition signed by over 200 teachers and community members in Peamror district supporting the allegations with the provincial office of education and investigation was conducted but no resolution found. At this time Mr. Yoeun Sovuthy logged a case of defamation against Mr. Chhin Rithy. The defamation case was heard on November, 2009 and Mr. Chhin Rithy was ordered to pay 10,000,000 Riel in damages. He logged his appeal against this decision it was heard at Phnom Penh Court of Appeal and will now go to Supreme Court. Throughout this period CITA has worked with Education International and human rights NGO’s to highlight Mr. Chhin Rithys’ case and ensure that he was given a fair hearing in the courts. This included letter writing campaigns to the MoEYS and online petition. Further Information: www.ipetitions.com/petition/chinnrithycase/ www.licadho-cambodia.org/articles/20091208/102/index.html www.cita.org.kh/RongChhunNews.html

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Case Study: Unlawful Deduction from Teachers Salary

In August, 2010 CITA was contacted by Mr. Vong Yee a teacher at Tbong-Khmung High School in Soung City, Kompong Cham. Mr. Vong Yee complained that the school Director was involved in corruption by making unauthorised deductions from his salary which the Director pocketed.

Mr. Vong Yee provided information which showed that the school Director had made reductions of between 20,000-30,000 Riel to Mr. Vong Yee’s salary in the first and second quarters of the 2009 school year, and additional 60,000 Riel in the third, through retaining over-time payments Mr. Vong Yee was due to receive. In the first quarter of 2010 the Director retained another 110,000 Riel of Mr. Vong Yee’s salary. Thus reducing Mr. Vong Yee earns by over 225,000 Riel ($56) or one month salary.

CITA provided advice to Mr. Vong Yee who filed a complaint with the Ministry of Education Youth & Sport on August 4th 2010. When there was no response from the Ministry CITA also sent a letter to the Ministry and informed the media of the case.

This intervention by CITA resulted in the Ministry investigating the case and ordering the District Office of Education to make direct re-payments to Mr. Vong Yee.

Case Study: Kroul Kol High School Mr. Uy Meak, Mr. Uy Mean, Mr. Ong Chen recently received letters informing them that they were been transferred to schools over 50km from their present schools. There was no explanation for this decision contained in the letter. This did, however, happen after the teachers involved had made four separate complaints about corruption involving the schools director and deputy director over the past 12 months. After the teachers logged their third complaint in October 2010, the Director and Deputy Director were ordered to repay money to the students but were allowed to remain in their position. CITA has already sent official letters to the Ministry about the handling of this case and has requested that Minister revise his decision to issue the relocation order. This campaign has gained both national and international attention and support has been received from several organisations including Education International. The teachers have refused to be transferred and continue to appeal this case to MoEYS.

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Case Studies: Inference with CITA meetings and training events

July 18th 2010 CITA Workshop, Steung Treng

The local authorities intimidated the owner of Hotel so that he would not hire the venue to CITA for a workshop.

October 24th 2010

CITA Workshop, Preah Vihea

This workshop was prevented by the local authority who told the owner of restaurant not to hire the venue to CITA for a workshop. CITA conducted the workshop in an open public space but many police officers were present.

December 19th 2010

CITA Workshop, Battambang

After the workshop, the local authority and district education department asked the activists of CITA to talk with them and sign contracts. This caused many CITA members and to become fearful of attending future training events.

January 23rd 2011

CITA Workshop, Kampot The local authority told the owner of restaurant not to hire the venue for CITA to hold the workshop. Another venue was sourced at considerable expense.

February 13th 2011

CITA Meeting, Bar Phnom District, Prey Veny

The local authority came to ask teachers some questions and made a list of teachers' names who attended the meeting. This is has caused many teachers to become fearful for repercussions of attending CITA activities.

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Annex 3 Summary of Teachers Labour Rights

under ILO Conventions 87 & 98

Summary of Convention 87 Freedom of Association and Protection of the Right to Organize (EI Trade Union Rights Manual)

Workers and employers may establish and join organizations of their own choosing without prior authorization. Such an organization has the right to draw up its own constitution and rules, to elect its representatives, to organize its administration and activities, and to formulate its programs. Public authorities are not allowed to intervene in the conduct of its internal affairs. Worker and employer organizations have “the right to establish and join federations and confederations.” All ILO members must take appropriate measures “to ensure that workers and employers may exercise freely the right to organize.”

Summary of Convention 98 Right to Organize and Collective Bargaining (EI Trade Union Rights Manual)

All workers are to “enjoy adequate protection against acts of anti-union discrimination in respect of their employment”. The protection applies to “acts calculated to make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership” and to “acts calculated to cause the dismissal of/or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours.” The protection also applies against “any acts of interference by anyone in their establishment, functioning, or administration.”

The right to bargain freely over conditions of work constitutes an essential element in freedom of association. Trade unions must have the right, through collective bargaining or other lawful means, to seek to improve the living and working conditions of those whom they represent. All public service workers should enjoy collective bargaining rights, and priority should be given to collective bargaining to settle disputes arising in connection with the terms and conditions of employment. Both employers and trade unions are to bargain in good faith and make every effort to reach an agreement.

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Despite having ratified ILO Conventions 87 (Freedom of Association & Right to Organise) and 98 (Right to Organise and Collective Bargaining) and the repeated recommendations of Committee of Application of Standards40 and Committee of Experts on the Application of Conventions and Recommendations41

the Cambodian government continues to deny both the right to freedom of association and right to collective bargaining to teachers. This is clearly illustrated in the failure to amend the Law on the Common Statute of Civil Servants of 1994 which prevents teachers from forming trade unions or engaging in any form of collective bargaining. The denial of these basic rights is not limited to legislative measures but is felt regularly when the authorities have repeatedly harassed CITA members and monitored CITA meetings, especially in rural provinces outside the major cities.

These various violations of labour rights create an environment in which teachers become hesitate about organising and often result in them acquiescing to the demands of their superiors or colleagues to engage in activities which impact on the quality of education and impair the professionalism of the teaching profession. CITA believes that the denial of teachers rights in one of the major factors impacting on the poor implementation of education policies and is as major impediment to any future improvements in Cambodian education. There are several existing legislative measures which affect the rights of teachers and CITA as outlined under ILO Conventions 87 and 98. While the Cambodian Constitution (1999) acknowledges the right to the freedom of association to all Cambodian citizens to form unions in Article 36, “Khmer citizens of either sex shall have the right to form and to be member of trade unions.”, Article 42 of the constitution also supports freedom of association stating that “Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order.” These rights are qualified in the Article 36 by requiring that regulatory laws on trade unions can further determined by law “The organization and conduct of trade unions shall be determined by law.”

Despite these constitutional commitments to the right to freedom of association, teachers and civil servants are in effect denied both the right to freedom of association and right to collective bargaining as the Law on the Common Statute of Civil Servants of 1994 prevents them from forming trade unions or engaging in collective bargaining agreements. It is for this reason CITA is registered as an association and not a trade union with the Ministry of Interior. The fact that there is no labour law to cover the rights of public sector workers is the major impediment to formation of a union by public sector workers.

40 CAS Report 2010 41 Observation of CEACR Report 2011

29

With respect to teachers, their rights and duties are further outline under Article 37 in Education Law 200742. It is important to that the Education Law provides the right to form associations and in accordance with existing laws, organise public meetings and participate in developing educational standards but does not include the right to collective bargaining. With regards the first two points even these have not been given any practical effect, CITA has had its’ meetings interfered with and no meaningful participation of teachers in education policy has taken place43

. CITA is not recognised by the government as having the right to collectively bargain on behalf of teachers. This clearly impairs its ability to both represent it members and to campaign and engage with MoEYS to bring about improvements in the Cambodian Education system.

The only law that provides for the organization and registration of trade unions is the Labor Law of 1997, and this law explicitly excludes civil servants. Article 1 states that it does not apply to “persons appointed to a permanent post in the public service.” Therefore, Cambodian civil servants of all types, including teachers, are legally without the right to form trade unions and are denied the rights associated with trade unions. The Labour Law also applies to private sector teachers and education workers as set out in specific terms under Article 1 but these workers are a permitted to form trade unions provided they follow the procedures set out in Article 268 they must, file the applications and receive registration from the Ministry of Labour.

“In order for their professional organization to enjoy the rights and benefits recognized by this law, the founders of those professional organizations must file their statutes and list of names of those responsible for management and administration, with the Ministry in Charge of Labour for registration.”44

There are onerous restrictions concerning the required characteristics of a union leader specifically that s/he must have been already in the job for more than one year, and must be over 25 years of age. These restrictions have become even more onerous in the Draft Trade Union Law which is currently been prepared and poses a serious challenge to rights enumerated under ILO Convention 87.

Two pieces of draft legislative which will have significant impact of the rights of teachers and CITA with regards the respective to ILO Conventions 87 and 98 are the Draft NGO and Association Law and Draft Trade Union Law.

42Education Law 2007 Article 37 43 In 2011 CITA requested permission to attend the annual Education Congress the primer education planning and policy forum in Cambodia and was refused. At provincial and district level there is little or no consultation with teachers about education policy development. 44 Labor Law 1997 Article 268

30

While CITA and its members aspire to Trade Union status and the extended rights especially of freedom association and collective barraging that this would confer on CITA, currently CITA is registered as an Association and we are therefore concerned by the draft NGO & Association Law and highlight the following concerns of the draft Association law vis á via ILO Convention 87.

31

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