WUNRN
WUNRN Asks: How will this Cambodia law, and as we are seeing in multiple other countries, impact and restrict womens NGOs in Cambodia??
CAMBODIA DRAFT LAW ON ASSOCIATIONS & NGOs CAN LIMIT FREE EXPRESSION & ASSOCIATION, FUNDING, CIVIL SOCIETY - WOMEN
Full Article: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15996&LangID=E
14 October 2011 A Cambodian draft law making registration of
associations and non-governmental organizations (NGOs) mandatory and banning
unregistered groups, risks breaching an international treaty, a United Nations
rights expert warned today, calling on the Government to review it.
The current draft NGO law contains a set of problematic
provisions, raising concerns over a potential negative impact on Cambodian
citizens democratic participation in furthering the development of their
country, UN Special
Rapporteur on the rights to freedom of peaceful assembly and of
association Maina Kiai said in a news release,
noting that it could violate the International Covenant on Civil and Political
Rights (ICCPR).
The mandatory nature of the draft law constitutes a clear
infringement of the right to freedom of association. Having a recognized legal
status may confer rights and benefits to organizations such as the ability to
open bank accounts, but legal status is not necessary for the enjoyment of the
right to freedom of association, he added
Relevant stakeholders have told me that the
content of the current draft law has not been disclosed and they have been unsuccessful
in their attempts to acquire a copy of text, he said.....
Two other UN experts raised concerns over
the effects of the draft law on human rights defenders. The Special Rapporteur
on the right to freedom of opinion and expression, Frank La Rue, stressed that
the draft could affect the defenders ability to exercise such rights.
The Special Rapporteur on the
situation of human rights defenders Margaret Sekaggya said the free and full
exercise of the right to freedom of association places a duty on States to
create a favourable environment for defenders to act freely
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http://www.icnl.org/research/monitor/cambodia.html
CAMBODIA - DRAFT LAW ON ASSOCIATIONS & NGOS LIKELY TO BE PASSED, RESTRICTIVE ON NGOS, WRITTEN WITHOUT CIVIL SOCIETY INPUT
On April 1, 2015, the Prime
Minister of the Royal Government of Cambodia Hun Sen announced that the draft
Law on Associations and Non-Governmental Organizations (LANGO) will be passed
in the near future. Mr Sen said that his government will pass LANGO because "without
it, the government does not know the sources of funding of NGOs" and that
it would prevent funds from terrorist groups from seeping into the country.
LANGO will reportedly be sent to the National Assembly in May 2015 (Khmer). In response, CSOs
called for the release of the draft law to the public, access to wider and
meaningful consultations with the government on the draft law, and for the
draft law to promote and protect -- not restrict -- civil society. For
more information, please see the "Pending NGO Legislative
Initiatives" section below in this report..
In
addition, the electoral reform law (Law on Election of Members of the National
Assembly (LEMNA)), which includes provisions that ban CSOs and others from
making statements deemed insulting to politicians or political parties in the
lead-up to polls (Articles 84, 137, 147 and 158) was passed by the National
Assembly and Senate and signed by the King in March 2015.
Cambodia is an
example of a post-conflict society in which traditional forms of civil society
organizations (CSOs) were devastated and then re-emerged in new forms as part
of the reconstruction process. CSOs include Buddhist institutions, trade
unions, media associations and non-governmental organizations (NGOs). In 1989
the first humanitarian international NGOs (INGOs) arrived and the establishment
of local NGOs soon followed.
The Royal Government of Cambodia (RCG) and development partners recognize that
NGOs and INGOs have made an important contribution to rehabilitation,
reconstruction and development for the past 30 years. NGOs are viewed as
important partners in the delivery of basic social services. Formally the RCG
has a number of mechanisms that involve NGOs in national development strategy
formulation and policy implementation and dialogue. In practice, however, NGOs
have limited influence on government strategy and policy and limited space for
dialogue.
Beyond the service provision sphere, the environment for NGOs is very
different. NGOs involved in advocacy, legal rights and human rights are seen by
the RCG as unwanted opposition and the environment for their activity is
restrictive. The power of the Cambodian Peoples Party (CPP) is increasing and
the Cambodian State is becoming increasingly authoritarian. There is widespread
concern from NGOs and other stakeholders on key issues relating to the
increased violation of land rights and the restriction of fundamental human rights,
such as the freedom of expression and freedom of assembly. Human rights
defenders are continually the target of threats and attacks. The recent UN UPR submissions and
outcomes document this. Currently the legal framework in Cambodia is
governed by the Constitution, but there are no specific implementing
laws.
There are different registration requirements for INGOs and NGOs. INGOs are
required to conclude a Memorandum of Understanding with the Ministry of Foreign
Affairs and an administrative order requires local NGOs to register with the
Ministry of the Interior. The current legal framework is open to discretion and
its implementation saddled by a weak understanding of the concept of civil
society. There is no effective judiciary or effective rule of law in Cambodia.
The RCG has recently taken the unprecedented step of including civil society
leaders within the scope of the newly enacted Anti-Corruption Law, by requiring
them to disclose assets. From December 2010 through December 2011, the
Cambodian Government issued four versions of a restrictive draft Law on
Associations and NGOs.
Thanks to a sustained advocacy campaign led by Cambodian organizations, the
Prime Minister announced in December 2011 that more time for consultations on
the law would be provided. Two years later, in December 2013, the Ministry of
Interior said it was planning to have the highly contentious Law ready for the
Council of Ministers in early 2014 and voted on by July 2014. Since the general
elections in July 2013, the situation for civil society has deteriorated. Civil
society has increasingly been criticized by the government for incitement because
of its association with the political opposition. The government has also
introduced the Development Cooperation and Partnership Strategy (DCPS) 2014 - 2018; however, the key roles that civil
society play -- as recognized by the Accra Agenda for Action --
were not mentioned in this draft strategy.
|
Organizational Forms |
NGOs and
associations (although there is no clear definition of these organizational
forms provided in the law) |
|
Registration Body |
The
Ministry of Interior is responsible for local NGOs and associations. The
Ministry of Foreign Affairs and International Cooperation is responsible for
international NGOs. |
|
Approximate Number |
Approximately
3,492 registered NGOs and associations (it is estimated that approximately
1,350 organizations remain active). |
|
Barriers to Entry |
Registration
is mandatory for all NGOs and associations. The procedural requirements for
the registration of international NGOs are complex and burdensome. Procedural
safeguards regarding registration are lacking, with the Government having
full discretion to deny registration. |
|
Barriers to Activities |
Advance
notification to the state or governmental approval is required for certain
activities. International NGOs are subject to reporting requirements on a
quarterly basis. The Government of Cambodia is increasingly applying pressure
and intimidation on certain NGOs and the communities in which they work. |
|
Barriers to Speech and/or Advocacy |
Laws
criminalizing defamation, disinformation, and incitement. |
|
Barriers to International Contact |
No barriers |
|
Barriers to Resources |
No
barriers |
|
Barriers to Assembly |
Vague
definition; right restricted to Cambodian citizens only; excessive use of
force on protesters; restrictive notification requirements. |