Cambodian gov’t defends NGO draft law
Bridget Di Certo and Chhay Channyda , Phnompenh post, December 20, 2011
There was a degree of exasperation on the part of Ministry of Interior officials during nearly two and a half hours of open-floor discussion with civil society about the fourth generation of the draft law on associations and NGOs.
“If the NGO law violates the Constitution, show me the points,” Deputy Prime Minister Sar Kheng, who is also the Minister of Interior, said at the forum’s opening yesterday.
Civil society had only one more week in which to provide its views and feedback on the fourth generation of the draft law on associations and NGOs before the law was finalised, Ministry of Interior officials said yesterday.
About 200 government and civil society representatives attended the open half-day forum at the Ministry of Interior to air concerns about the fourth generation of the draft law.
“We are having a wide discussion on this law, more than on any other laws – for example, the Demonstration Law,” the Deputy Prime Minister said.
“If you want to have rights and freedoms, than those things must be written in law,” Sar Kheng told the forum. “When I follow you, I am wrong, but if I don’t, I am still wrong.”
National Assembly draft law committee member Chheang Vun said it was the responsibility of the government to create a registration protocol for the associations and organisations operating in the Kingdom.
“We need to respect the rights and obligations of each other,” former UN ambassador Chheang Vun said. “We cannot immediately inform you which of your comments we accept and which we reject.
“Do not abuse this opportunity or lose this opportunity.”
Key concerns of those attending the forum included the cap on salaries for foreigners, situations in which an association or NGO can be dissolved, and burdensome obligations for commune and sankgat chiefs.
Cambodian Defenders’ Project president Sok Sam Oeun pointed out that the latest draft’s limit on “administrative expenses”, including all salaries, would seemingly be too low to attract and recruit professionals such as lawyers.
“With a 25 per cent cap, you will not be able to pay these professionals,” he said.
Soy Kosal, of the National Alliance of Communes and Sangkats, said the draft put too big a burden on the shoulders of commune and sangkat chiefs.
“At the commune and sangkat level, they are required to take all the written notice of all the organisations in their community,” Soy Kosal said.
“There need to be clear roles and measures for the communes and sangkats in handling this responsibility. Otherwise, it is too big a challenge.”
Officials from the Ministry of Interior closed the forum with an open invitation to receive further written comments and feedback over the next week.
After these comments had been assessed, there would possibly be further consultations, they said.
Showing posts with label Cambodian NGO law. Show all posts
Showing posts with label Cambodian NGO law. Show all posts
Tuesday, December 20, 2011
Monday, December 19, 2011
Cambodia: Different takes on NGO law
Cambodia: Different takes on NGO law
Phnompenh post, Bridget Di Cert, December 19, 2011
AHEAD of a half-day meeting today between the Royal Government and NGOs that will introduce the fourth generation of the draft Law on Associations and NGOs, a divergence of opinion on the law’s latest version has emerged between two prominent Cambodian NGOs.
Rights group Licadho has called the fourth draft another failure that is “now more confusing than ever”, while the Cambodian Center for Human Rights welcomed the positive improvements in the latest revision, “especially in terms of clarity”.
Licadho and CCHR are the only civil society organisations to publish analyses of the draft law since its circulation last week.
Licadho maintained a strictly critical analysis of the fourth generation of the law, while CCHR applauded the incorporation of civil society’s recommendations into the newest version as a “credit” to the government.
The fourth generation of the draft law, obtained by the Post last week, evinces a significant change in tone, along with modifications to the highly criticised registration requirements and procedures.
But while shorter in length, the fourth generation law has a wider reach. The provisions of the third draft technically applied only to those associations and NGOs that were registered or had a Memorandum of Understanding with the government, while the fourth generation has a blanket application to all associations and NGOs.
Many civil society organisations have been fighting against the inclusion of any mandatory registration provisions in the law, despite the fact that the creation of a registry of associations and organisations operating in the Kingdom is one of government’s key objectives.
While the more onerous registration requirements have been removed or altered, both Licadho and CCHR agree there is still the potential for the law to be used as a weapon in “silencing” civil society.
“Several key provisions raise more questions than they answer, both in terms of the law’s application and the intent of the government,” Licadho wrote in its analysis of the fourth draft. CCHR referred to the continued “threat posed by the LANGO [Law on Associations and NGOs] to civil society and donor programs” in its analysis.
Since the first draft of a law to govern the registration of associations and NGOs in Cambodia was aired roughly one year ago, repeatedly revised drafts of the legislation have drawn sharp criticism from domestic and international observers.
Key concerns with earlier drafts of the law centred on registration requirements, appeals avenues and the ability for the government to use the law to shut down associations and NGOs. Licadho’s analysis argues that specific problems from earlier drafts remain, pointing to the continued lack of appeals processes.
“There is no administrative appeals process for organisations whose registration is denied,” Licadho said. “The only appeal is directly to the court, which is known to be influenced by the executive branch.”
CCHR’s analysis took issue with a new provision empowering the Ministry of Foreign Affairs to shut down foreign associations and NGOs for unspecified acts that “jeopardize peace, stability and public order” amongst other things.
“The LANGO could not be much worse for foreign NGOs and associations,” CCHR said in its analysis.
Ministry of Interior spokesman Khieu Sopheak yesterday said it was “not clear” whether the fourth draft of the legislation would be enacted as law.
“I do not know yet how many other meetings there will be with civil society or what the agenda will be for the meeting [today],” he told the Post.
Phnompenh post, Bridget Di Cert, December 19, 2011
AHEAD of a half-day meeting today between the Royal Government and NGOs that will introduce the fourth generation of the draft Law on Associations and NGOs, a divergence of opinion on the law’s latest version has emerged between two prominent Cambodian NGOs.
Rights group Licadho has called the fourth draft another failure that is “now more confusing than ever”, while the Cambodian Center for Human Rights welcomed the positive improvements in the latest revision, “especially in terms of clarity”.
Licadho and CCHR are the only civil society organisations to publish analyses of the draft law since its circulation last week.
Licadho maintained a strictly critical analysis of the fourth generation of the law, while CCHR applauded the incorporation of civil society’s recommendations into the newest version as a “credit” to the government.
The fourth generation of the draft law, obtained by the Post last week, evinces a significant change in tone, along with modifications to the highly criticised registration requirements and procedures.
But while shorter in length, the fourth generation law has a wider reach. The provisions of the third draft technically applied only to those associations and NGOs that were registered or had a Memorandum of Understanding with the government, while the fourth generation has a blanket application to all associations and NGOs.
Many civil society organisations have been fighting against the inclusion of any mandatory registration provisions in the law, despite the fact that the creation of a registry of associations and organisations operating in the Kingdom is one of government’s key objectives.
While the more onerous registration requirements have been removed or altered, both Licadho and CCHR agree there is still the potential for the law to be used as a weapon in “silencing” civil society.
“Several key provisions raise more questions than they answer, both in terms of the law’s application and the intent of the government,” Licadho wrote in its analysis of the fourth draft. CCHR referred to the continued “threat posed by the LANGO [Law on Associations and NGOs] to civil society and donor programs” in its analysis.
Since the first draft of a law to govern the registration of associations and NGOs in Cambodia was aired roughly one year ago, repeatedly revised drafts of the legislation have drawn sharp criticism from domestic and international observers.
Key concerns with earlier drafts of the law centred on registration requirements, appeals avenues and the ability for the government to use the law to shut down associations and NGOs. Licadho’s analysis argues that specific problems from earlier drafts remain, pointing to the continued lack of appeals processes.
“There is no administrative appeals process for organisations whose registration is denied,” Licadho said. “The only appeal is directly to the court, which is known to be influenced by the executive branch.”
CCHR’s analysis took issue with a new provision empowering the Ministry of Foreign Affairs to shut down foreign associations and NGOs for unspecified acts that “jeopardize peace, stability and public order” amongst other things.
“The LANGO could not be much worse for foreign NGOs and associations,” CCHR said in its analysis.
Ministry of Interior spokesman Khieu Sopheak yesterday said it was “not clear” whether the fourth draft of the legislation would be enacted as law.
“I do not know yet how many other meetings there will be with civil society or what the agenda will be for the meeting [today],” he told the Post.
Friday, December 16, 2011
Cambodian NGO draft worries
Cambodian NGO draft worries
Chhay Channyda and Bridget Di Certo, The Phnompenh Post, 16 December 2011
The highly-anticipated fourth draft of the controversial Draft Law on NGOs and Associations circulated at a meeting of the Cooperation Committee for Cambodia yesterday “is still unacceptable to civil society”, attendees said.
Fundamental problems remain with the fourth generation of the NGO Law, “which continues to be a restrictive piece of legislation”, civil society organisations said in a media release yesterday.
The unofficial English translation of the latest version of the law, obtained by the Post yesterday, indicated that one of the key concerns of NGOs – appeal rights – has still not been addressed by the government.
Only domestic associations and organisations have the right to appeal “to the court”, and only in the instance registration is not approved by the Ministry of Interior.
The fourth generation law creates two separate registration procedures, one for domestic associations and NGOs and one for foreign associations and NGOs.
Domestic associations and NGOs may be “freely established” without obtaining permission or giving notice, but do not have “legal capacity” unless they register.
Effectively this means that despite government promises that mandatory registration would be dropped in the fourth generation, domestic associations and organisations would be unable to hire staff, have bank accounts, rent or buy office space or enter into other contracts unless they register.
“This really means that it is mandatory to register with the Ministry of Interior, otherwise we will have no legal entity,” an NGO representative, who attended yesterday’s meeting, said.
The CCC meeting today also highlighted a worrying new provision directed toward international NGOs and associations.
The fourth draft states in new Article 17 that the Ministry of Foreign Affairs may terminate its Memorandum of Understanding with a foreign association or NGO “in the event that a foreign association or non-governmental organisation conducts activities which jeopardise peace, stability and public order or harm the national security, national unity, culture, customs and traditions of the Cambodian national society”.
No appeal rights are associated with this new provision.
The fourth-generation law has been reduced to 34 articles, compared with 58 articles in the third draft.
Potentially positive changes in the latest version include a loosening of regulations governing “annual reports” for domestic associations and organisations, which will be required only every five years.
Another change includes the removal of the requirement for all associations and domestic NGOs to have 11 Cambodian founding members. This has been revised to apply only to domestic associations and NGOs, and the requirement is scaled down to three Cambodian founding members.
Mey Narath, director of political affairs at the Ministry of Interior, said there would be a half-day workshop on the fourth draft on Monday, to which “more than a 100” local and international NGOs had been invited.
“We will review what issues are still there and what is acceptable for all,” he said.
Those who viewed the latest draft yesterday were sceptical, however, as to what could be achieved in a half-day workshop with hundreds of people in attendance.
“We are concerned it will just be a meeting, not with a full discussion to find the advantages and disadvantages of the law,” Chan Sovet, a senior monitor for Adhoc, said.
Cambodian NGO draft worries
Chhay Channyda and Bridget Di Certo, The Phnompenh Post, 16 December 2011
The highly-anticipated fourth draft of the controversial Draft Law on NGOs and Associations circulated at a meeting of the Cooperation Committee for Cambodia yesterday “is still unacceptable to civil society”, attendees said.
Fundamental problems remain with the fourth generation of the NGO Law, “which continues to be a restrictive piece of legislation”, civil society organisations said in a media release yesterday.
The unofficial English translation of the latest version of the law, obtained by the Post yesterday, indicated that one of the key concerns of NGOs – appeal rights – has still not been addressed by the government.
Only domestic associations and organisations have the right to appeal “to the court”, and only in the instance registration is not approved by the Ministry of Interior.
The fourth generation law creates two separate registration procedures, one for domestic associations and NGOs and one for foreign associations and NGOs.
Domestic associations and NGOs may be “freely established” without obtaining permission or giving notice, but do not have “legal capacity” unless they register.
Effectively this means that despite government promises that mandatory registration would be dropped in the fourth generation, domestic associations and organisations would be unable to hire staff, have bank accounts, rent or buy office space or enter into other contracts unless they register.
“This really means that it is mandatory to register with the Ministry of Interior, otherwise we will have no legal entity,” an NGO representative, who attended yesterday’s meeting, said.
The CCC meeting today also highlighted a worrying new provision directed toward international NGOs and associations.
The fourth draft states in new Article 17 that the Ministry of Foreign Affairs may terminate its Memorandum of Understanding with a foreign association or NGO “in the event that a foreign association or non-governmental organisation conducts activities which jeopardise peace, stability and public order or harm the national security, national unity, culture, customs and traditions of the Cambodian national society”.
No appeal rights are associated with this new provision.
The fourth-generation law has been reduced to 34 articles, compared with 58 articles in the third draft.
Potentially positive changes in the latest version include a loosening of regulations governing “annual reports” for domestic associations and organisations, which will be required only every five years.
Another change includes the removal of the requirement for all associations and domestic NGOs to have 11 Cambodian founding members. This has been revised to apply only to domestic associations and NGOs, and the requirement is scaled down to three Cambodian founding members.
Mey Narath, director of political affairs at the Ministry of Interior, said there would be a half-day workshop on the fourth draft on Monday, to which “more than a 100” local and international NGOs had been invited.
“We will review what issues are still there and what is acceptable for all,” he said.
Those who viewed the latest draft yesterday were sceptical, however, as to what could be achieved in a half-day workshop with hundreds of people in attendance.
“We are concerned it will just be a meeting, not with a full discussion to find the advantages and disadvantages of the law,” Chan Sovet, a senior monitor for Adhoc, said.
Cambodian NGO draft worries
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