Cambodia's new NGO Law
CST Bus Ad NGO Ad's on regular Bus
Cambodia's Government is currently preparing to turning the 4.NGO Law Draft into Law. This is vehemently opposed by some of the 3000 NGO's in Cambodia. Among them the U.S. Government that runs several NGO's in Cambodia and says the NGO draft law should be scrapped, altogether. The U.S. of course has absolutely no interest that this draft will eventually become law in Cambodia. NGO's, particulary foreign funded one's mostly have an agenda that is not known to the general public and often have a negative impact on culture and society.
The fact that NGO doesn't mean necessaryly that it's working for a good cause you can see here where NGO have beaten local people on landgrabbing issues: ngo-landgrabbing.jpg
An example how bad things really are you can find under:The truth a bout NGO in Haiti and
BBC's "the truth about NGO" with Haiti,India and Malawi as an example. http://www.bbc.co.uk/search/schedule/?q=the%20truth%20about%20ngo
In order to see things in a different perspective you are invited to read this article from www.blacklistednews.com which was published early Dec. 2011 and describes the situation pretty much on spot:
Quote:
US Caught Meddling in Russian Elections
December 4, 2011
By Tony Cartalucci
BLN Contributer
What would Americans say if they found their polling stations and certain political parties entirely infiltrated by Chinese money, Chinese observers, and Chinese-backed candidates promoting China's interests in an AMERICAN election? The answer ranges from incarceration, to trials featuring charges ranging from fraud, to sedition and even treason with sentences ranging from decades to life in prison, perhaps even death, as well as possible military action for what could easily be considered an act of war.
Indeed, the attempted subversion of a foreign nation and/or meddling in its elections are acts of war, an act of war the United States government through its various "Non-Governmental Organizations" (NGOs) have been committing on and off for decades around the globe. In fact, the very "Arab Spring" is a geopolitical conflagration tipped off by this vast network of Western backed NGOs.
The New York Times in its article, "U.S. Groups Helped Nurture Arab Uprisings," clearly stated as much when it reported, "a number of the groups and individuals directly involved in the revolts and reforms sweeping the region, including the April 6 Youth Movement in Egypt, the Bahrain Center for Human Rights and grass-roots activists like Entsar Qadhi, a youth leader in Yemen, received training and financing from groups like the International Republican Institute, the National Democratic Institute and Freedom House, a nonprofit human rights organization based in Washington."
The Times would continue by explaining, "the Republican and Democratic institutes are loosely affiliated with the Republican and Democratic Parties. They were created by Congress and are financed through the National Endowment for Democracy, which was set up in 1983 to channel grants for promoting democracy in developing nations. The National Endowment receives about $100 million annually from Congress. Freedom House also gets the bulk of its money from the American government, mainly from the State Department."
These same NGOs have also just recently played a central role in Myanmar, blocking the construction of a mega-dam that would have begun the development of the nation's rural areas, provided electricity for export and domestic use, and help irrigate surrounding agricultural land. These NGOs are currently creating a social divide in Thailand to subvert an 800 year old Linkindependent political institution that has for centuries weathered Western encroachment. There is also documented evidence of these NGOs attempting to destabilize the government of Malaysia and reinstall IMF minion Anwar Ibrahim back into power.
In Russia's neighboring country and ally, Belarus, this network of US-funded NGOs have attempted to start a "Belarusian Spring" to overthrow leader Alexander Lukashenko, who has adamently opposed NATO's creep toward its, and Russia's borders. And now Russia itself has just rooted out a plot by these very same NGOs creeping in and around the nation's political institutions, in an attempt to subvert and replace them.
Russia's Long Fight Against US-funded Subversion.
This is not the first time Russia has faced this insidious creep from abroad. After the fall of the Soviet Union, there proceeded a lawless free-for-all where foreigners began rushing in in an attempt to create their own order out of the chaos. Leading this charge was billionaire oligarch Mikhail Khodorkovsky who fashioned an "Open Russian Foundation" after George Soros' Open Society Institute, and even had western corporate-financier elitists Jacob Rothschild and Henry Kissinger chair its board of directors. In a now all too familiar scenario, Khodorkovsky and his networks of foreign-funded NGOs attempted to consolidate and transfer Russia's wealth, power, and the destiny of its people into the hands of Wall Street and London's global "corporatatorship."
http://images.forbes.com/media/2010/05/26/0526_billionaires-jail-mikhail-khodorkovsky-intro_485x340.jpg
Russia, however, was not entirely defenseless. In a devastating backlash, Khodorkovsky was thrown into a Siberian prison where he remains to this day, while other oligarchs serving Western interests scattered like cockroaches back to London and New York. In a hollow attempt to portray Russia's efforts to preserve its national sovereignty as "human rights abuses," Wall Street and London assembled a legal defense led globalist lawyer Robert Amsterdam, who while still representing Khodorkovsky, is also defending another loser in Wall Street's game to place their puppets in positions of power around the globe, Thaksin Shinawatra of Thailand.
Most recently, as Russia's elections approach, AFP has claimed that NGOs such as US NED-funded Golos and New Times' slon.ru, which regularly features columns by the now jailed and above mentioned Khodorkovsky, were attacked in order to prevent the exposure of "mass election fraud." Why opposition groups and foreign-funded NGOs who have a direct vested interest in preventing Putin's United Russia Party from obtaining a clean victory at the polls, should be trusted to reveal "mass election fraud" in the first place, is never quite explained by AFP.
Unquote
Bevor reading the additional info on the subject, here is the current, 3. NGO law draft third-draft-of-ngo-law-en.pdf [76 KB]
and the previous version for comparison.ngo-law_draft_eng.pdf [1,993 KB]
The Cambodian Government especially tries to put a cap on the acceptable level of "Administration Costs" which incl. Salaries to a max. of 25% of available funds. This is very welcomed by many donors and NGO critics which have seen unacceptable high Salary Levels at International NGO's.
Most of the opposing NGO's are suspected to never even have read the Law Draft. (pretty much like the US Congress, according to Michael Moore when it comes to vote on new laws), nevertheless they voice their opposition through the everpresent NGO Forum: joint-statement-of-ngos-and-ingos-communities-.pdf [91 KB]
A few info's on the subject:
First a bit of History. Situation in 2006
The World Bank, a major funds contributor to Cambodia reports in it's newsletter in 2006
The Government wants the Ministry of Interior to exercise greater oversight of the country’s Non-Government Organizations and Associations, H.E. Sak Sitha, Under-Secretary of State at the Ministry of Interior told the NGO Fair in Phnom Penh on June 9, 2006. Pivotal to this will be the passage of an NGO Law.
The Ministry of Interior has 1800 associations and 300 NGOs registered with it, he said. (5 years later there are more than 3000 NGO's registered) They contribute about $200 million to Cambodia’s economy every year. Seventy percent of the associations and NGOs work in the social, education, agriculture, and health fields; the rest are involved in democracy, human rights, vocational training, natural resources, environment, and religions.
H.E Sak Sitha said the Government acknowledges the important role civil society plays in Cambodia. NGOs contribute to the fight against corruption by strengthening accountability of all government officials; and they help to implement decentralization, solve problems like HIV/AIDS and bird flu, prevent deforestation, and resolve land deputes. They also work on advocacy and contribute their ideas to the Government policy.
However, he said, there are some NGOs who take the opportunity to attack,intimidate and oppose the Government to serve their own ends. To avoid such problems and to ensure good governance by the government, as well as assist the efficiency of NGOs and provide them with a good environment, he said the government has authorized the Ministry of Interior to exercise greater oversight, to find out more clearly what NGOs are doing; to establish an efficient mechanism to provide them with legal protection; to organize a consultative structure between government and NGOs to define their role clearly and provide an appropriate environment; and most importantly, have a law on associations and NGOs.
H.E Sak Sitha emphasized that the law would provide a positive environment for NGOs, giving them a legal basis to protect themselves and to promote their work and provide the opportunity to work with the Government as a partner. He said the law was not intended to give the Government control over NGO activities.
(Source: The World Bank newsletter, Volume 4, Number 10, October 2006)
a little later the following press snippet appeared in the local press:
PHNOM PENH - With an overwhelming electoral mandate, robust economy and a potential bounty of oil and gas revenues, Cambodian Prime Minister Hun Sen feels in a strong enough position to move against the non-governmental organizations (NGOs) which have been a perennial thorn in the strongman's side since he took power more than two decades ago.
In late September he called for the revival of a controversial law which would require the country's more than 2,000 associations and NGOs to complete a complex registration process and submit to stringent financial reporting requirements. The draft law is expected to be passed by Hun Sen’s Cambodia People's Party (CPP)-dominated National Assembly in the coming months.
"Cambodia has been heaven for NGOs for too long," he said in a
speech broadcast on national radio on September 26, adding that he had given up hope of reading any positive reports written by international or local NGOs. "The NGOs are out of control ... they insult the government just to ensure their financial survival."
By enacting the law, Hun Sen could recalibrate the government's terms of engagement with the Western-led aid community, on which his government has heavily relied for decades to finance its budget. The move comes as private-led foreign investment has fueled the country's economic rise, led in the main by China and South Korea.
"Many of the services provided by NGOs today will one day either be privatized or the revenues of the government will grow to such an extent that the functions currently being done by NGOs will be taken over by the government," said Brett Sciaroni, chairman of Cambodia's International Business Association.
The NGO law's enactment would be a symbolic power shift between Hun Sen's CPP-led government, further emboldened by its landslide victory in this year's general election, and the Western-backed NGOs which have long chastised it over human-rights abuses and corruption allegations.
International aid agencies have for decades held the purse strings on the aid which has sustained the national economy since it emerged from the horrors of the Khmer Rouge, the ultra-Maoist regime which systematically attempted to transform Cambodia into an agricultural utopia between 1975 and 1979, and a subsequent decade-plus of civil war.
Some contend it was the Khmer Rouge's economic failures, including a devastating countrywide famine that killed many and stalked the regime's traumatized survivors, which set the stage for Cambodia's now decades-long dependence on foreign aid.
The British aid agency Oxfam began programs soon after the Khmer Rouge's 1979 ouster, despite incurring the wrath of the United States and the United Kingdom governments for helping the Hanoi-sponsored regime put in place by the invading Vietnamese.
Jacques Beaumont from the United Nations Children's Fund, and Francois Bugnion from the International Red Cross (IRC), who both arrived in Phnom Penh in 1979, were pivotal players in that humanitarian effort. They finally persuaded the IRC, which was fearful of being seen as compromising its political neutrality, into launching what turned into its most significant relief operation since World War II.
But the comprehensive aid experiment did not begin in earnest until after the signing of the 1991 Paris Peace Accords, which by and large ended the country's debilitating civil war. Since then myriad NGOs have come to Cambodia to work on everything from demining to microfinance, orphanages to agri-business, public health issues to snaring globe-trotting pedophiles.
The demining NGOs in particular made great progress, clearing an estimated 25,000 hectares of mined territory between 1992-2003. Cambodia has also been hailed as a global success story in fighting HIV/AIDs transmission, led by NGO-organized education programs and health aid. Prevalence rates have fallen by nearly half, from 3% in 1997 to 1.6% in 2006.
Fractious relations
But Hun Sen's government's relationship with NGOs and international aid agencies has often been fractious, epitomized by its tumultuous interactions with the environmental watchdog Global Witness over its consistent accusations of high-level government links to illegal logging, and with the UK-based rights lobby Amnesty International for its criticism of state-sponsored forced evictions across the country.
The World Bank also suspended US$11.9 million in funds in 2006 for seven sanitation projects when it found evidence of rampant extortion, bribe-taking, bid-rigging and procurement manipulation, leading Hun Sen to claim the multilateral lender was trying to tarnish his government's credibility. The bank only agreed to unfreeze the projects' funding in 2007 after the government promised to strengthen anti-corruption measures.
Despite Cambodia's recent economic boom, including a skyrocketing average 11% gross domestic product (GDP) growth over the past three years, a sizable portion of the nation's real income still derives directly from donor nations in amounts wrangled out each year at annual Consultative Group meetings.
The meetings were for years characterized by vague promises from the Cambodian government in response to weak demands by donors for reform, including the long-delayed adoption of an anti-corruption law. But in the past two years these demands have become less relevant with the surge in aid from China, which typically has less good governance or transparency conditions attached.
While Chinese aid is generally funneled through vast infrastructure projects - including hydropower and road projects - usually contracted to Chinese companies, Western nations' share of the average US$600 million in annual aid arrives through international aid agencies and NGOs. The process has been widely cast as a corrupt, inefficient gravy train, giving some traction to Hun Sen's complaints.
"In the 1980s, there was a popular T-shirt satirizing US Army recruitment commercials with the slogan, 'Join the army. Travel to exotic, distant lands. Meet exciting, unusual people. And kill them'," Brad Adams, executive director for Human Rights Watch's Asia Program, was quoted saying to Action Aid in 2005. "In the new millennium, it could be rephrased, 'Join the aid community. Travel to exotic, distant lands. Meet exciting, unusual people. And make a killing'."
This is still the case in Cambodia, Adams told Asia Times Online. "You can start with all the foreign consultants making more than $10,000 per month, almost always tax free. This is a huge drain on the aid budget for Cambodia and in many cases the consultants produce nothing of value for the country."
Many analysts and expatriates agree that NGOs and their workers suffer from an image crisis among the Cambodian public, partly due to their comparatively high salaries and lifestyles, which are far adrift from the 35% of the population which lives on less than $0.50 a day.
Country directors for prominent international aid agencies typically receive a $250,000 annual package, which includes a spacious villa in the capital's upmarket "NGO-ville" area, a four-wheel-drive vehicle - usually emblazoned with the logo of their donor agency or charity - and fees paid for the capital's better international schools.
The aid watchdog Action Aid estimated in 2005 that the 700 or so international consultants working for NGOs in the country earned more than Cambodia's 160,000 civil servants put together. "In 1993, yes, 99% of foreign consultants were justified; now, 5% are justifiable. The others are embedding and enabling the mentality of dependency," Center of Social Development director Theary Seng said in June.
Arne Sahlen, a founding member of the Cambodia Support Group, a 25-year-old volunteer organization, echoes Hun Sen's comments that fundraising has overtaken the focus on the actual progress of several NGO projects. According to Sahlen, "vast" resources are being swallowed up on pursuing donors that could be invested on direct project needs. "The need to please donors has warped the focus to not necessarily what is best for the project but what may look best on an application," said Sahlen.
Others contend that several NGOs are actually impeding the development of a self-sustaining private sector, mainly through the alleged abuse of their not-for-profit status to pursue business opportunities. That status helps them avoid taxes and other unofficial costs that private businesses pay, giving non-profit an unfair competitive advantage in the market, they say.
Cambodians now understand the word NGO, especially in the local context, to be a for-profit enterprise, said Sophal Ear, the author of The Political Economy of Cambodia, Aid and Governance. "It's all a business and this is just another way to avoid taxes," he said. "When not covered by donors, capital costs for NGOs have largely been privatized, through an extensive network of 'donations' to the ruling party by Oknhas [politically connected tycoons] politicians, and civil servants."
Discretionary powers
The NGO law, known formally as the Law on Organizations, was first written over a decade ago and aims to address such complaints. It would require NGOs to submit for government approval documents detailing their structure, goals, funding resources, properties and even logos. It also entails fines and imprisonment for any NGO which fails to submit annual reports to the Ministry of Economy and Finance.
Many fear the discretionary powers the law will give the government in monitoring and sanctioning NGOs - rather than vice versa. Hun Sen no doubt had his one good eye on the anticipated bounty of future oil and gas revenues when calling for the controversial law's revival. Chevron, the US energy giant, discovered oil off Cambodia southwestern coast in 2005 and analysts have predicted the find could generate anywhere between $200 million and $2 billion in annual revenues for the government when full-scale production begins in 2010.
The government is still awaiting a key assessment from Chevron of the supposed find, and both sides have more recently played down expectations. Nonetheless, NGOS are already warning of a possible "resource curse" similar to places like Nigeria, where corrupt governments pilfered and wasted earnings derived from energy exports.
"NGOs are trying to tell us how to use the oil money, but this is of no interest to us. What is important is how to make our resources profitable," Hun Sen said in a recent radio broadcast speech.
Despite his criticisms, there are reasons for concern. A new NGO coalition has begun work to oversee the transparency of the management of future oil funds. Led by the NGO Forum, it has given little information on its structure, but has said it plans to ensure the potential financial benefits from the windfall are managed in a socially responsible manner, and that benefits filter down to the impoverished grassroots.
The World Bank, which also aims to monitor the government's oil revenue management, noted in May that international aid is often poorly managed in key sectors, with the problem of "fragmented" assistance especially acute in health and education.
In the health sector, 22 donors are currently working with over 100 NGOs to deliver $110 million in Official Development Assistance (ODA) per year through 109 projects - yet use of the national system remains at just between 13% to 18%, said the bank. The vast majority of rural Cambodians are forced to use an expensive yet rudimentary private healthcare system which is more reminiscent of poorer African than neighboring Asian nations.
The education system is also beset by severe underfunding, with thousands of graduates churned out from poorly regulated "international" universities with degrees that often leave them ill-prepared to enter the job market. Until now, the only paying option for many graduates was to work in donor agencies and international NGOs. But if Chinese and South Korean private investment flows hold up and the country's hoped-for energy bonanza is realized, that may all soon change if Hun Sen has his NGO-curbing way.
Now in 2011
PHNOM PENH — Leading human rights groups urged the Cambodian government on Thursday to drop a controversial draft law they fear is aimed at restricting the activities of campaigners and charity workers.
The proposed law, which is in the final stages of review, “should be abandoned because it will undermine rather than promote civil society”, Human Rights Watch, Amnesty International and six other groups said in a joint statement.
The draft law threatens the right to freedom of association and could serve to “silence civil society criticism”, they said, because it would allow the government to refuse registration or close down non-governmental organisations (NGOs) without offering a right to appeal.
“The Cambodian government has failed to provide an adequate answer as to why this new law is needed alongside other existing laws and regulations that govern civil society,” the statement read.
The organisations called for international donors to take a stand.
“If the donors stand by while the government adopts this law, they cannot in good conscience claim to be working in the interests of Cambodia’s development objectives,” said Simon Taylor, director of Global Witness.
Charities have played an active role in rebuilding Cambodia since it emerged from the brutal Khmer Rouge regime and years of civil war but they have on occasion clashed with the government.
-----------------------------------------------------------------------------------------------
In January the US State Department said it had “serious concerns” about the draft law and questioned whether the measure was even necessary.
US warns Cambodia over controversial law
Apr 21, 2011
The United States has threatened to freeze aid spending to Cambodia if the government pushes ahead with a highly controversial draft law designed to regulate civil society.
The comments were made by Flynn Fuller, the country head of the US government's development agency USAID, during a closed meeting between the Cambodian government and donors in Phnom Penh on Wednesday.
The meeting assessed Phnom Penh's progress in attaining a series of 20 benchmarks in areas such as judicial reform and land rights.
"In these times of fiscal constraint, justifying increased assistance to Cambodia will become very difficult in the face of shrinking space for civil society to function," Fuller said, adding that the "excessively restrictive" law would harm development.
"We strongly urge the government to reconsider the necessity of the draft NGO [non-governmental organisation] law, and if so, to adopt a law consistent with a commitment to expand, rather than restrict, the freedom for civil society organisations to operate," he said.
Last year, donors pledged 1.1 billion dollars in development assistance, around half of Cambodia's budget. A part of this came from the US.
Some of the Civil society has condemned the draft NGO law, which requires all NGOs and associations to register with the government, as woolly, lacking definition and full of ambiguities.
A coalition of around 300 civil society groups said the law would impose onerous administration requirements on the country's crop of 3, 000 NGOs and hundreds of associations, something many lack the capacity to comply with.
NGOs had called on donors to weigh in on the issue.
Prominent human rights group LICADHO said recently the law constituted "the most serious threat to civil society in Cambodia for years."
The government has said it drafted the law to protect NGOs. Last week, spokesman Phay Siphan said the government was prepared to listen to changes suggested by civil society, something critics said it failed to do after two rounds of consultation in recent months.
Phay Siphan's pledge contrasted with public comments by other spokesmen who said the draft would not be amended.
The draft law is expected to head to the Council of Ministers for assessment in the coming weeks before being presented to parliament for approval later this year.
USAID works with more than 100 local organizations in Cambodia in areas such as governance, health and education. The US, the third-largest donor to Cambodia, approved 72 million dollars in aid last year, and is seeking approval from legislators for around 88 million dollars for 2012
remark from your webmaster:
(one questions why a foreign government gets serious concerns about a law that will bring more transparancy). I suggest the Cambodian Government now protests against any US Law they see as unnecessary, too)
But Interior Ministry spokesman Khieu Sopheak insisted the proposed law would help organisations to carry out their activities “in accordance with Cambodian laws”.
“Some NGOs use the funds they get for their own interests and do not work to serve society,
” he told AFP.
He added that of the more than 3,000 NGOs in the country, “less than one hundred” had protested against the law. Later this figure will rise, after a wakeup call by the major NGO players. (do you have a ballpoint pen, to sign this petition to the government here ?)
Update Nov.2011
The Cambodian Government caved in and said it would delete more than 20 points of the controversial NGO Law. This proofs that the NGO's can successfully intimidate, pressure and buy the Cambodian Government. Now they will not have to register anymore, unless they want to be a legitimate "legal" entity ! So, the alternative would be a "illegal" entity ?
I hope that all international donors now insist that the sponsor only "legal entities" in order to avoid misuse of funds.ngos-deride-law-draft.jpg
Somehow this situation reminds your Webmaster to the many Lobby Fractions that do the same work on the US Government in order to have everything their way.
This is supported by others in the Expat Community in Cambodia, see this blog entry:
Victory for the NGOs?
Postby Gary Gilmour's Eyes » Sun Oct 30, 2011 9:25 am on www.khmer440.com
Thursday's papers revealed that the RCG have dropped compulsory registration from the new NGO law. As expected the NGO loving scribes at the PPP described it as a U-turn and a victory for the NGOs campaign for justice. The "CD" (Cambodian Daily) report was more objective and accurate.
The NGO campaign was sleazy and dishonest and based on raising a straw man- that poor little local groups that had organised themselves spontaneously would be disempowered because they lacked the funds to register. They failed to mention that these groups are manipulated and controlled by foreigners and are about as spontaneous as the group of ethnic forest people who decided to protest land grabbing by dressing as characters from Avatar. No foreign manipulation there, of course.
The real reason for the campaign was to prevent the RCG from examining their books and finding out how much of the donor funding was spent on administrative expenses-salaries, allowances and other ways of putting the money into their pockets.
Essentially, it is a victory for the RCG; not them. They have lost their puerile excuse for opposing transparency; they still have to submit annual reports for auditing and any unregistered groups will not be officially recognised by the govt., a prerequisite for most donor funding. Nice work by HE et al.
Overheard an interesting converstion between 2 Kiwi NGO bosses at Score Bar a while ago. One was saying that the RCG was now ratshit, because the NGOs were taking their complaints to the UN Security Council. The other guy correctly informed the moron that any moves along those lines would be vetoed by China and Russia. He could have added that such matters are outside the parameters of the Security Council and are the responsibility of the Commission for Human Rights.
The fuckwit's reply was:
Who cares about China and Russia? They're not important. If the US and Britain back us, this pathetic little country will have no choice and will do what they're told.
The ghosts of Cecil Rhodes and Rudyard Kipling would be overjoyed to khow that the age of imperialism isn't dead while the NGOs remain prepared to take up the White Man's burden of dominating and civilizing their "little brown brothers" in Asia.
---------------------------------------------------------------------------------------------------------------
The NGO Law & it's Reception by NGO's
ngo-law_draft_eng.pdf [1,993 KB]
According to recent figures from the MoI, there are 2,465 registered NGOs and associations: 1,034 associations and 1,431 NGOs. Accurate data is not available but many of these NGOs and associations are believed to be inactive. It is estimated that there are approximately 300 INGOs, but again many of these are believed to be inactive.
Out of the above number, only a fraction have continued to object to the new NGO law draft proposal of the Cambodian Government. One can understand why particulary the BIG NAMES are concerned in the AID Industry. Their free ride is coming to an end. They hate nothing more than "TRANSPARANCY" and deem everything from the Government to be "evil".
--------------------------------------------------------------------------------------------
Cambodia
Last updated 29 June 2011
Update: A draft Law on NGOs and Associations was released on December 15, 2010. A public consultation workshop on the draft Law was hosted by the Ministry of Interior on January 10, 2011; more than 200 national and international NGO representatives attended. A second draft Law was released by the Cambodian Government on March 24, 2011, and has been the subject of substantial criticism by domestic and international commentators. Nearly 600 NGOs have signed a joint statement declaring the second draft “unacceptable”. The Ministry of Interior is reportedly working on a third draft Law, but it is unclear what, if any, opportunity there will be for public input into the draft. See the “Pending NGO Legislative / Regulatory Initiatives” section below for more information.
Introduction
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 People’s 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. (December 2009 www.upr-info.org/-Cambodia-.html).
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.
A new NGO and Associations Law is expected in 2010. It is feared that any new law governing NGOs and associations will increase the RCG’s discretionary power and tighten its restrictive hold over civil society. Reportedly, the RCG has prepared a draft NGO/Associations Law, but the draft has not yet been released. Moreover, the draft Law was prepared without any consultation with civil society; the Government has ignored requests for dialogue. The response of civil society to the proposed new legislation is led by three NGO coalitions. Their response has, among other issues, highlighted the voluntary self-regulation scheme available to NGOs, which includes a Code of Ethical Principles and Minimum Standards. The number of NGOs registering for the scheme are increasing, in order to demonstrate firmly that they are accountable and transparent and carrying out legitimate activity. The voluntary self-certification scheme is hosted by an umbrella NGO, the Co-operation Committee for Cambodia, and compliance with the standards is determined by two independent bodies.
On December 15, 2010, a draft Law on NGOs/Associations, prepared by an inter-ministerial committee, was made public. A public consultation workshop on the draft Law was hosted by the Ministry of Interior on January 10, 2011. More than 200 national and international NGO representatives attended. Since the workshop, local NGOs have submitted suggested revisions of the law to the government, though it remains to be seen how the recommendations will be reflected in the legislation.
At a Glance
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 2,465 registered NGOs and associations. Approximately 300 international NGOs.
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
Key Indicators
Population 14, 494, 293
Capital Phnom Penh
Type of Government Multiparty democracy under a constitutional monarchy
Life Expectancy at Birth Male: 60.03 years
Female: 64.27 years (2009 est.)
Literacy Rate Male: 84.7%
Female: 64.1%
Religious Groups Buddhist: 96.4%; ; Muslim: 2.1%; other: 1.3%; unspecified: 0.2% (1998 census).
Ethnic Groups Ethnic Groups Khmer: 90%; Vietnamese: 5%; Chinese: 1%; other:4%.
GDP per capita $1,900 (2009 est.)
Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2009.
Back to Top
International Rankings
Ranking Body Rank Ranking Scale
(best – worst possible)
UN Human Development Index 137 1 – 182
World Bank Rule of Law Index 13.4 100 – 0
World Bank Voice & Accountability Index 22.6 100 – 0
Transparency International 158 1 – 180
Freedom House: Freedom in the World Status: Not Free
Political Rights: 6
Civil Liberties:5 Free/Partly Free/Not Free
1 – 7
1 – 7
Foreign Policy: Failed States Index
Rank: 49
Human Rights: 7.4 177 – 1
0-10
Back to Top
Legal Snapshot
International and Regional Human Rights Agreements
Key International Agreements Ratification* Year
International Covenant on Civil and Political Rights (ICCPR) Yes 19992
Optional Protocol to ICCPR (ICCPR-OP1) Yes 2004
International Covenant on Economic, Social, and Cultural Rights (ICESCR) Yes 1992
Optional Protocol to ICESCR (OP-ICESCR) No --
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) Yes 1983
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Yes 1992
Optional Protocol to the Convention on the Elimination of Discrimination Against Women No 2001
Convention on the Rights of the Child (CRC) Yes 1992
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) Yes 2004
Convention on the Rights of Persons with Disabilities (CRPD) Yes 2007
* Category includes ratification, accession, or succession to the treaty
Constitutional Framework
The Cambodian Constitution was adopted by the Constitutional Assembly in Phnom Penh on 21 September 1993.
Relevant Constitutional provisions include:
Article 41
Khmer citizens shall have the freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security. The regime of the media shall be determined by law.
Article 42
Khmer citizens shall have the right to establish associations and political parties. These rights shall be determined by law. Khmer citizens may take part in mass organisations for the mutual benefit to protect national achievement and social order.
National Laws and Regulations Affecting Sector
Relevant laws relating to civil society in Cambodia include:
Law on Taxation (2004);
Penal Code (new 2009 Code pending enactment);
Civil Code (2007);
Counter-terrorism Law (2007);
Peaceful Demonstrations Law (2009) (pending enactment); and
Anti-corruption Law (2010) (approved by the Senate and pending promulgation by the King).
Legal personality: The Civil Code, adopted in 2007, recognizes registered NGOs as legal entities and makes them subject to its provisions.
Registration: The procedure for registration, governed by administrative order or prakas, is a reasonably simple and straightforward process for local NGOs. INGOs must conclude a Memorandum of Understanding with the Government, which is a more complex process.
Criminal responsibility: Members of NGOs are subject to the UNTAC Penal Code, pending enactment of the new Penal Code. The new draft Penal Code – currently before the National Assembly - will regulate a number of criminal activities, including such crimes as fraud, embezzlement, corruption, terrorism, etc. The 2007 Counter-terrorism Law has detailed provisions relating to the question of financing of and material assistance to terrorism.
Taxation: According to the 1997 Tax Law, NGOs do not pay taxes on their income, if they are organizations with either religious, charitable, scientific, literary, or educational purposes; (Article 9 of the Tax law).
Financial transparency: NGOs are accountable to the public that they aim to serve, and to their donors through financial audits. To guard against financial mismanagement and corruption, the recently enacted Anti-corruption Law will be applicable to everyone, including public authorities, civil society actors and private enterprises.
Self-regulatory mechanism: NGOs in Cambodia have established a Voluntary Certification Scheme. To be certified by this system, NGOs subject themselves to a Code of Ethical Principles. The system is recognized at international and national levels as an effective way to build accountability and transparency.
Pending NGO Legislative / Regulatory Initiatives
In August 2010, a draft Law on NGOs/Associations was reportedly completed by an inter-ministerial committee. The Ministry of Interior issued an open call for support for a national consultation on the draft Law. In response, NGO representatives sought assurances that the draft Law be made available to the NGO community to allow for adequate review of the draft law and time for regional consultations at least one month prior to the planned national consultation.
On 18 November 2010, the “NGO National Consultative Workshop on NGO Law” was held in Phnom Penh, in anticipation of the release of the draft NGO Law during December. Approximately 80 representatives from 70 NGOs attended the workshop, which was organized by the Cooperation Committee of Cambodia, NGO Forum and MEDICAM. While the Government of Cambodia has suggested there will be a period of national consultation on the proposed legislation, the time frame for reviewing and disseminating the draft law before the consultation takes place appears to be very short and NGO representatives fear that the consultation will be in name only.
The draft Law was released on December 15, 2010. A public consultation workshop on the draft Law was hosted by the Ministry of Interior on January 10, 2011. More than 200 national and international NGO representatives attended. After the workshop, local NGOs submitted suggested revisions of the law to the government.
A revised draft Law was released on March 24, 2011. Reaction to the revised draft has been largely critical, as many of the problematic provisions remain from the first draft and new concerns have arisen. There are no plans, however, to hold a second consultation meeting.
Key issues raised by revisions introduced by the second draft law include:
The draft law outlines a registration process, which would allow for the exercise of unbounded government discretion. The current draft eliminates the few safeguards that protected applicants in the registration process. Article 18 of the first draft was deleted in its entirety, and the law now contains no criteria for the denial of registration. Consequently, the registration determination seems to be left wholly to the discretion of the Ministry of Interior. The problem is compounded by the removal of any requirement to provide a written explanation to the applicant in cases of denial. Moreover, the draft law makes no reference to an opportunity to appeal the denial of registration to an independent adjudicator. The absence of safeguards could have a disproportionate impact on groups that engage in advocacy, support unpopular causes, or are critical of the government.
The draft law requires a reduced, but still high, minimum membership for associations. In order to form an association, 11 Cambodian nationals must be named as members, and at least 5 governing members must handle the registration process. While the required minimum number of founding and governing members for associations has been reduced from the first draft, the required minimum threshold will likely impede the formation of small mutual interest groups. A group of 8-10 individuals who wish to associate to pursue a legitimate collective purpose would not be permitted under the draft law to form an association as a legal entity. The interference is exacerbated where the law, as is the case here, prohibits unregistered groups to carry out activities.
The second draft law leaves materially unchanged several problematic issues posed by the first draft law, including the following:
The draft law limits eligible founding members of both associations and NGOs to Cambodian nationals. Consequently, the draft law excludes refugees, stateless persons and others in Cambodia from forming associations or domestic NGOs. This nationality requirement constitutes a clear infringement of freedom of association, which should be available to everyone (i.e., all individuals within the state’s territory and subject to its jurisdiction).
The draft law prohibits any activity conducted by unregistered associations and NGOs. Registration is thus mandatory and unregistered groups are banned. This means that every group of individuals who gather together with a differing level of frequency and perform the broadest variety of imaginable activities, from trekking and football fans, to chess and silk weaving groups, will be acting in violation of law.
The draft law provides inadequate standards to guide the government’s determination of suspension or termination of an association or NGO. There is no requirement for the governmental authorities to provide notice and an opportunity to rectify problems prior to the suspension or termination, and there is no mention of a right to appeal after suspension or termination.
The draft law erects barriers to the registration and activity of foreign NGOs. Among other issues, the draft law outlines a heavily bureaucratic, multi-staged registration process, which lacks procedural safeguards, and is therefore subject to delays and subjective, arbitrary and politicized decision-making. In addition, the draft law requires mandatory collaboration with the Government of Cambodia, by stating that a foreign NGO “shall collaborate with relevant partner ministries / institutions of the Royal Government of Cambodia when developing projects, monitoring, and evaluating the implemented activities or results.” Thus, there appears to be no room for foreign NGOs to act independently of the Government in addressing public benefit goals or community needs.
The draft law places constraints on associations and NGOs through notification and reporting requirements. For example, associations and NGOs are required to “inform in writing the relevant municipal hall or provincial halls …” when implementing activities in a given locale. This requirement, which is separate from and additional to the registration process, could amount to a substantial burden on program implementation. In addition, all associations and NGOs, large and small, domestic and foreign, are subject to the same reporting requirements; for small mutual interest associations in particular, compliance could be problematic.
Back to Top
Legal Analysis
Organizational Forms
Cambodian law currently lacks a clear definition of “NGO”.
The Ministry of Interior (MoI) registers local NGOs and associations. There is no definition for local NGOs and Associations in the administrative order or parka relating to NGO registration.
The Ministry of Foreign Affairs and International Co-operation agrees to a Memorandum of Understanding (MoU) with INGOs; there is also a requirement for INGOs to sign separate MoUs with the various Ministries that relate to the INGO’s sphere of work. The definition of an NGO, as provided in the annex of the MoU document for INGOs is as follows:
The Non-governmental Organization: may be defined as the Organization which has been established by an individual or by any group of individuals to carry out humanitarian activities and non-profit, social development for social welfare and public benefit. The NGO refrains from any activities in support of any Political Parties.
According to recent figures from the MoI, there are 2,465 registered NGOs and associations: 1,034 associations and 1,431 NGOs. Accurate data is not available but many of these NGOs and associations are believed to be inactive. It is estimated that there are approximately 300 INGOs, but again many of these are believed to be inactive.
Public Benefit Status
Cambodian law does not provide for a special public benefit status.
According to the 1997 Tax Law, NGOs do not pay taxes on their income, if they are organizations with either religious, charitable, scientific, literary, or educational purposes; (Article 9 of the Tax law).
Barriers to Entry
The legal framework in Cambodia includes at least three barriers to the formation of organizations.
First, registration for all NGOs and associations is required. Unregistered organizations can be closed down.
Second, the procedural requirements for the registration of INGOs are complex and burdensome. The process involves concluding an initial Memorandum of Understanding (MoU) with the Ministry of Foreign Affairs (MoFA) and subsequently with each separate ministry that the INGO’s activity relates to. At the close of this section are listed the procedural requirements for both local NGOs and INGOs seeking to operate in Cambodia.
Third, the legal framework does not provide procedural safeguards that ensure a professional, apolitical, uniform registration process. For example, there is no fixed time period for government review of registration applications. The Government has discretion to deny registration; there are no standards provided to guide the exercise of its discretion. There is no clear right to appeal.
Documentation requirements at the time of registration are listed here.
For local NGO and associations, registration with the MoI requires the applicant organization to provide:
Five copies of the application form for registration, with signatures (confirmed by the commune and district on the back of the form);
Two copies of permission letters, issued by the municipality, relating to the location of the office of the local organization;
The curriculum vitae of at least three Cambodian founders, including the director, the administrator and the treasurer (5 copies each), and 4x6 photographs (attached with copied Khmer ID card or birth certificate or equivalent documentation);
Five copies of the statute of the local organization, with signatures of the director; and
Five copies of the organizational structure, with signatures of the director.
Additional requirements include maps of office locations, photos of buildings and copies of lease agreements.
There are slightly relaxed requirements for organizations with offices outside Phnom Penh.
For INGOs, registration with the MoFA/IC requires the applicant organization to provide:
The letter of registration recognized by the authority of the country where the headquarters of the INGO is located;
The project plan and budget (to be implemented in Cambodia), as approved by the Board of Directors of the INGO.
The letter from the headquarters of the INGO, giving authority to its organizational representative in Cambodia to sign the MoU and represent the INGO in Cambodia;
The list of foreign staff persons, including the nationality, passport number, role, address in Cambodia and accompanying employment contract;
The list of Cambodian staff persons, including the worker ID Card or any similar document and accompanying employment contract;
The address of the office in Cambodia, with accompanying lease agreement;
A bank Statement; and
Support letters from the line ministries.
INGOs are required to renew the MoU every 3 years.
Barriers to Operational Activity
Advance notification and approval.
Regarding Local NGOs: The Ministry of Interior (MoI) has issued guidelines relating to activity notification. If local NGOs are conducting activity in a province other than where they are registered, then the local authority needs to be informed five days in advance. In some provinces the guidelines are interpreted as directives that mean that approval for activity is required by provincial authorities. \
Regarding INGOs: Article 2 of the Memorandum of Understanding (MoU) requires INGOs “to carry out its humanitarian projects in other locations or provincial cities upon due approval of relevant governmental authorities based on government priorities.” Article 18 requires INGOs to work “in close consultation with counterpart government institutions and local authorities to implement the approved projects or programs.” In particular, INGOs must inform counterparts when assigning a consultant to work in the field or requesting visa extension for an expert to complete the job.
Political activity. Currently NGOs and INGOS are required “to refrain from activity in support of Political Parties.” There is concern that political activity will be subject to broader restrictions under any new legislation.
Reporting requirements. INGOs are required to provide both quarterly reports and annual reports.
Government harassment. There is growing concern that the RCG is increasingly applying pressure and intimidation on people in the communities NGOs work with and also directly on NGOs and their staff. This is particularly evident where NGOs are conducting activities relating to the protection of land rights of the poorest communities in urban and rural areas, natural resources management, and the promotion of the freedoms of expression, assembly and association. In such spheres of activity, the Government has acted to arbitrarily restrict the freedom of movement and the freedom of assembly and expression. Examples of state action include:
Permission needed for community members to travel (even between villages);
Meetings monitored by police and state authorities;
An increase in the frequency of arrests, charges and detention of NGO representatives and community members;
Threats against communities that engage with NGOs;
Photographing meeting participants;
Requesting names/contacts of meeting participants; and
Police disturbances of activities in meetings.
Barriers to Speech / Advocacy
There are a number of legal avenues used by the courts to curtail the freedom of expression in the country, namely through charges of defamation, disinformation and incitement. [These legal avenues are found within the UNTAC Code (Provisions relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia during the Transitional Period).] According to one NGO representative: “The ruling party has embarked on a campaign to crack down on freedom of expression and suppress the parliamentary opposition, the news media, the legal profession and, to some extent, NGOs. At the center of the campaign is the government’s misuse of the courts to file unjustified criminal charges against its critics.” [1]
According to an October 2009 statement made by the Special Rapporteur on Human Rights in Cambodia to the Human Rights Council, the defamation laws of Cambodia have gone beyond what is a permitted level of restriction on freedom of expression under the 1966 International Covenant on Civil and Political Rights to which Cambodia is a party. A series of defamation and disinformation suits were brought primarily by high-ranking government officials against opposition journalists and editors, opposition Parliamentarians and human rights defenders in 2009.[2]
[1] Tom Lantos Human Rights Commission Hearing on Cambodia, September 10, 2009.Testimony by Dr. Chhiv Kek Pung, President & Founder, Cambodian League for the Promotion & Defense of Human Rights (LICADHO).
[2] See statement of OHCHR Cambodia Office of 5 August 2009:
http://cambodia.ohchr.org/WebDOCs/DocStatements/2009/082009/OHCHR%20Statement_defamation%20cases_050809E.pdf
Barriers to International Contact
There are no legal barriers limiting international contact or communication.
Barriers to Resources
There are no legal restrictions inhibiting either domestic or foreign funding. In terms of spending, there is a guideline limiting the amount spent for administration to a maximum of 25% of funding.
Back to Top
Reports
UN Universal Periodic Review Reports Universal Periodic Review: Cambodia
Reports of UN Special Rapporteurs
Cambodia
USIG (United States International Grantmaking) Country Notes
Not available
U.S. State Department 2008 Country Reports on Human Rights Practices: Cambodia
Advancing Freedom and Democracy Reports, 2009: Cambodia
Failed States Index Reports Foreign Policy: Failed States Index 2009
IMF Country Reports Cambodia and the IMF
International Commission of Jurists Not available
International Center for Not-for-Profit Law Online Library
Not available
Back to Top
News and Additional Resources
While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.
General News
NGOs in Final Bid to Change Controversial Draft Law (June 2011)
International and local organizations met over a conference call on Tuesday in a final effort to push for changes to a controversial draft law to regulate the NGO sector before it moves to the next stage of approval. The groups say they want changes to a third draft of the law, which they fear will hamper their development efforts and leave them open to government interference. The law is expected to move from the draft stage at the Ministry of Interior for approval by the Council of Ministers in the near future. (Read more)
Cambodia Lags on Land, Freedom of Speech Rights, Says UN Official (June 2011)
The United Nations Special Rapporteur for Human Rights in Cambodia Surya Subedi wrapped up his fifth visit to Cambodia on Friday expressing concern about the lack of progress on land rights and freedom of speech in the country. The main purpose of the visit - his fifth --was to assess how well parliament functions in upholding the rights of ordinary Cambodians.On that score, he said that while human rights had improved in some areas, it had noticeably failed to do so in others such as land rights and freedom of speech. (Read more)
Draft of NGO Law Withheld (June 2011)
Cambodia is expected to push ahead with a controversial law closely regulating nongovernmental organizations despite concerns by human rights groups that the legislation will severely restrict NGOs from operating freely within the country. The Cambodian government has made amendments to a second draft of the law based on feedback from NGOs but has not made them public. NGOs say they fear the third draft does not incorporate significant changes proposed in consultations with the government over the previous version of the law. (Read more)
NGO pressure mounts (May 2011)
Cambodia's controversial NGO law is being drafted for a third time, the government confirmed yesterday, as the number of organisations slamming the latest public version of the legislation neared 600. Critics have stated that the legislation would cripple Cambodian civil society if it were adopted, citing provisions that would outlaw unregistered voluntary organisations, force foreign NGOs to collaborate with the government and leave government involvement in NGO activities unchecked. The outcry intensified last month after the Ministry of Interior released a second draft that failed to address concerns expressed by civil society, and Nouth Sa An, secretary of state at the ministry, said he would advance the draft to the Council of Ministers in the first week of April. (Read more)
Western donors must stand up to Cambodia's government (May 2011)
More than a month has passed since the Cambodian government released the second draft of the hotly debated law on associations and NGOs, and all is quiet on the legislative front. While it's too early to tell whether this is a positive sign, there are clues that it might be. Many expected that the government would push the law through the national assembly immediately after the release of the second draft, as has been done in the past with other controversial legislation. But this has not happened. The current silence follows the uncharacteristically loud and unified outcry from local and international civil society organisations in early April. The draft law was universally condemned as the most significant threat to civil society in years. Even Cambodia's big foreign donors chimed in, most notably the US, which publicly stated that passage of the law in its current state could threaten aid money. (Read more)
Government Plans to Tighten Noose Around Civil Society (April 2011)
A proposed law governing NGOs in Cambodia will impose severe restrictions on civil society groups and tighten control over public discourse, critics in this South-east Asian country say. International analysts and local groups have widely condemned Cambodia’s draft Law on associations and non-governmental organisations, arguing the proposed rules foist unnecessary restrictions on freedom of expression. (Read more)
Evictions, NGO Law High Among Donor Concerns (April 2011)
Cambodia’s donors on Wednesday raised a chorus of concern for forced evictions and a controversial law to regulate NGOs, as they met with government partners to discuss upcoming aid packages. The groups met in Phnom Penh to discuss development plans, foreign aid pledges and Cambodia’s development needs for 2012. Donors pledged more than a billion dollars in aid to Cambodia last year. (Read more)
Groups Unite To Push Changes to NGO Law (April 2011)
More than 300 local and international organizations have now joined cause in opposition to a controversial draft law to regulate NGOs.The groups said in a statement the law threatens civic freedoms and could curtail the activities of NGOs that are critical to the development of the country.“NGOs and Associations stand ready to use our democratic rights to express our discontent through democratic and peaceful means,” the groups said. “The draft law we now see before us is unacceptable, and we cannot support it in its current form.” (Read more)
NGOs condemn new Cambodia law (April 2011)
Cambodian civil society groups and international NGOs have condemned a proposed new law that they claim will seriously curtail their activities.Human Rights Watch, Amnesty International, Forum-Asia, Global Witness, the Federation of Human Rights Watch, Christian Aid, VSO and Save the Children, along with Cambodian farmers and indigenous rights groups, are among the organisations calling on the Cambodian government to withdraw the draft law, which will require all civil society groups working in the country to register in order to work, and appears ambiguous over rights to appeal. Local organisations will be required to have a specific number of members, will need to be headed by a Cambodian national, which will exclude refugees from forming an association and send the government annual reports.The organisations are also calling on international donors to publicly express their opposition to the legislation. (Read more) The text of the NGO Statement is available here.
Donors Asked to Withhold Aid Over Proposed Law in Cambodia (April 2011)
A proposed law to control nongovernmental groups in Cambodia threatens to silence some of the last independent voices in an increasingly repressed nation, a group of leading international human rights agencies said Thursday. Calling the proposal “the most significant threat to the country’s civil society in many years,” the agencies urged foreign nations and aid groups to oppose the law, which they said would undermine much of the nation-building work the donors have supported at a cost of billions of dollars. (Read more)
Government Officials Defend Need for NGO Law (March 2011)
Cambodian officials continue to defend the need for a law on NGOs, saying the sector has grown too large and has gone unregulated for too long. Critics of the draft law on NGOs, which will regulate the registration and activities of thousands of non-governmental entities across the country, will impede their work and open the possibility for extrajudicial abuse. (Read more)
Criticism is not a crime, UN tells Cambodia (February 2011)
The UN special rapporteur for human rights in Cambodia on Thursday voiced disquiet about a crackdown on freedom of expression in the country and the growing problem of land rights violations."I am concerned about the narrowing of space for the people to express their views peacefully and without fear, including those belongings to different political parties," Surya Subedi said at the end of his fourth 10-day fact-finding mission to the country. (Read more)The text of the end-of-the mission statement is available here.
NGO law talks not over: US (February 2011)
The government has committed to further consultation with civil society on its controversial draft NGO law, a visiting United States State Department official said yesterday, though Cambodian government officials did not provide a clear road map of their plans. Daniel Baer, deputy assistant secretary in the bureau of democracy, human rights and labour at the US State Department, wrapped up a multi-day visit to Cambodia yesterday, which included meetings with government officials, trade union leaders and civil society. (Read more)
Talks on NGO law ‘broken’? (February 2011)
A Ministry of Interior official who has been central to the drafting of the government’s NGO law lashed out today at a United States diplomat for comments he made about the controversial legislation on a visit this week, while talks with NGOs continued at the Ministry of Foreign Affairs. (Read more)
Opposition Party Wary of Revamped NGO Law (February 2011)
Despite concessions made in the drafting of a law to govern NGOs, officials from the main opposition Sam Rainsy Party say the legislation still risks limiting freedoms and can be a setback to good governance.The NGO law is being drafted by the Ministry of Interior and contains provisions for the regulation of the non-governmental sector. But critics warn that it can bog down organizations in red tape and could limit their functions or efficiency. (Read more)
Cambodia/Thailand: Border dispute displaces up to 30,000 (February 2011)
NGOs working along the Thai-Cambodian border are monitoring clashes between the two countries near a disputed temple and are extremely concerned about the reported displacement of up to 30,000 people. (Read more)
Ministry Accepts Many NGO Changes to Draft Law (January 2011)
The Ministry of Interior has accepted most of the recommendations from the non-governmental sector as it moves forward with a draft law on governing NGOs, although some concerning provisions remain, officials said Thursday. Organizations had said they worried the new law, which seeks tighter regulations of the sector, would inhibit the growth and develop of the country by making it difficult for NGOs to both form and operate. (Read more)
The minutes of the recent strategic meeting on the NGO law in Cambodia can be found here.
Conviction of Sam Chankea is an attack on freedom of expression, says Article 19 (January 2011)
Article 19 and the Cambodia Center for Human Right (CCHR) condemn the defamation conviction of Cambodian human rights defender Sam Chankea. Chankea has been found guilty by the Kampong Chhang Provincial Court of defaming the work of KDC International, a company owned by the wife of the Minister for Industry, Mines and Energy. Today's ruling is a stark reminder of the shrinking space for Cambodians to exercise their right to freedom of expression in the country. (Read more)
Debate urged on NGO law (January 2011)
Four civil society umbrella organisations yesterday urged the government to make Monday’s consultation the beginning – rather than the end – of public debate on its controv ersial draft NGO law.In a statement yesterday, the Cooperation Committee for Cambodia, NGO Forum, Medicam and the Cambodian Human Rights Action Committee – representing more than 400 local and international NGOs working in Cambodia – called on the government to incorporate their recommendations into the law.It also requested the establishment of a joint government-civil society working group to make further revisions. (Read more)
Government stands by controversial NGO law (January 2011)
The government defended its controversial new draft NGO law in the face of mounting criticism and asked for input from civil society representatives at a consultation in Phnom Penh yesterday.At the meeting, Minister of Interior Sar Kheng reaffirmed the government’s commitment to passing the law and dismissed fears that it would be used to control Cambodian civil society groups.“If the government had a plan to threaten NGOs or associations, it would not need to have the presence of NGOs. The second reason is that if we planned [to threaten NGOs], there is no need for a workshop like you see today,” Sar Kheng said. “There are very few laws that we get to discuss in public.” (Read more)
Call for NGO law overhaul (January 2011)
Several hundred NGO representatives met in Phnom Penh yesterday to discuss concerns and recommendations regarding a controversial new draft NGO law, just days ahead of a consultation with the government on the issue. “Our aim today is to make one joint statement with a clear position,” said Lun Borithy, executive director of the Cooperation Committee for Cambodia. “If we protect only one tree, all the trees in the forest will be destroyed.” A draft statement dated Sunday and signed by 10 civil society organisations, states that after careful consideration of the law, they believe it is designed “to control rather than strengthen civil society; to remove civil rights; and to hinder the Cambodian democratic process”. (Read more)
Global Lessons for NGO Law (January 2011)
On December 15, the government finally made public a draft of its new NGO law, trumpeting it as a tool for fighting terrorism and crime, increasing transparency in the Kingdom’s vast NGO sector and regulating groups that are “working for the opposition”. As civil society workers across the nation brace for the law’s passage, local activists have voiced fears about the possible effects of the legislation.
NGOs called to account (December 2010)
The government has made public a draft version of the long-awaited NGO Law, legislation some fear could restrict the activities of groups in the Kingdom’s vast civil society sector. The law, the passage of which is declared “urgent” in the draft, includes new registration and reporting requirements that apply to local organisations. The undated version of the law released yesterday includes 11 chapters and 58 articles, and will be debated by government officials and NGOs at a consultative meeting organised by the Ministry of Interior on January 10.
Cambodia before the Committee Against Torture: Cambodian NGOs call on the Cambodian Government (November 2010)
Ahead of Cambodia’s review by the UN Committee Against Torture (CAT) at its 45th session on 9 November 2010 in Geneva, a group of Cambodian NGOs call on the Royal Government of Cambodia to comply with its obligations under the Convention Against Torture. 146 States have joined up to this landmark Convention, undertaking to prevent, prosecute and provide reparations for torture and end impunity for one of the worst crimes known to mankind.
Hillary Clinton Endorses UN Human Rights Office in Cambodia (November 2010)
U.S. Secretary of State Hillary Clinton has thrown her support behind the U.N. human rights office in Cambodia, and also addressed the issue of Cambodia's debt to the United States during a visit to Phnom Penh as part of two-week long tour of Asia.The Cambodian government wants the United Nations to close its human rights office here. But Secretary Clinton defended the office Monday, calling it "a valuable resource."
Cambodia urged to release jailed human rights worker (August 2010)
Human rights groups, including Amnesty International, have urged the Cambodian government to immediately release a human rights worker who was sentenced to two years in prison for giving out anti-government leaflets. Leang Sokchouen, who works for the Cambodian League for the Promotion and Defense of Human Rights (LICADHO), was convicted on charges of "disinformation" on Monday after a trial marked by numerous procedural flaws.Amnesty International, Human Rights Watch, the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) have called or Sokchoeun’s release in a joint statement.
Cambodia's proposed NGO law stirs suspicion and concern (March 2010)
A proposed law regulating non-governmental organisations (NGOs) in Cambodia is raising concerns among advocacy and aid groups that it will be used by the government to restrict their activities in the impoverished Southeast Asian country. During a ceremony in November to mark 30 years of NGO-government cooperation, Cambodian Prime Minister Hun Sen said a law governing the non-profit sector would be next on the agenda after the enactment of an anti-corruption bill. Hun Sen has talked about enacting an NGO law since 2008, but this was the first time he indicated a time frame -- the anti-corruption bill is headed to the National Assembly and many expect it to be passed soon after.
Cambodia warns UN envoy over 'interference' (March 2010)
The Cambodian government has threatened to expel a United Nations envoy, accusing him of "unacceptable interference" in the country. The warning came after the UN called for "a transparent and participatory" process as parliament debated an anti-corruption law. Human rights and opposition groups say the law is deeply flawed.
A comment from someone who knows
Bill Herod, a longtime Church World Service NGO that fully supports the New NGO Law.
A retired Christian minister who came to Cambodia in 1980 just as the country was first opening to NGOs says Hun Sen and his government, whatever mistakes they’ve made, have done an admirable job of fostering the Kingdom’s development.
American Bill Herod, 65, first came to Cambodia with Church World Service from the Washington office and helped get things rolling – when the population was desperate for just about everything.
“We’d all been trying to get in during the Khmer Rouge time,” Herod said. “We put letters under the door of the embassy in Beijing, but there was no response.”
Earlier, starting in 1966, Herod had worked in Vietnam during the American War, supporting development projects but he always opposed the war for humanitarian reasons.
From Washington, he paid attention to what was happening in Cambodia.
“After the Khmer Rouge got thrown out we went to the Cambodian Embassy in Hanoi and said we’d like to come in and help the Cambodians rebuild,” Herod said. “So, they agreed to allow various groups to send representatives in to have a look around.
“The first impression was that everybody in Cambodia needed everything. I was based in Washington at this time and I was getting the reports sent back to me. The situation was catastrophic. Mass starvation was just ahead, people had eaten their seed rice. There was no medicine, no food, no transportation and no communications.
“So, for example, the first shipment of food we were able to get into the country we sent in by air and when the aircraft landed there was no equipment to offload the stuff. No conveyor belts, no fork lifts, so it all had to be done by hand.”
The same thing happened when ships full of necessary food were sent into Sihanoukville. People had had to carry sacks of rice down from the boat.
“There were no trucks to move the supplies from the port or the airport so we had to send in trucks and nobody knew how to drive them or repair them,” he said.
“So we had to send in drivers and mechanics. The bridges were destroyed so we had to send the trucks half full because they had to go across makeshift bridges. Local communications were military. When I came in November 1980, we couldn’t travel without military escorts outside of Phnom Penh.”
As an NGO worker, Herod has seen Cambodia evolve. “I’m amazed at how dramatic the development has been since 1980,” he said.
“We’ve seen what Cambodian people have done – and it is very impressive. You have a lot of capacity, skill, talent, determination – and for all its faults – you have a stable, functioning leadership.
“I’ve watched Hun Sen and his inner circle evolve over the last 30 years and I’m very very impressed – people like Sok An, Cham Prasidh, Hor Namhong, Khieu Khanharith, Kong Som Ol, Long Visalo, Uch Kiman, Dr My Samady and So Khun among many others.
“They have provided competent leadership through very difficult times.
“I have great confidence in the ability of these guys to provide leadership in the future – and I see no alternative.
“During my first visits here in the 1980s, it was common for experienced development workers to predict the complete collapse of Cambodia by the end of the century. The damage and destruction of the Khmer Rouge period had just been too great, recovery was said to be impossible. But Cambodian leaders did not agree and through their heroic efforts forged the way forward. All development work accomplished since 1979 is built on the foundation they established and maintain.”
Herod met Minister of Finance Keat Chon in 1996 at a social function.
“When he learned I was trying to get the internet established in Cambodia he said he had used the internet in France and understood how important it would be for Cambodia,” Herod said. “He said if I ever needed help in dealing with any bureaucratic difficulties I should give him a call. We did indeed run into some problems which seemed insurmountable and Keat Chon helped as promised.”
Herod served as consultant to CamNet, Cambodia’s first Internet Service Provider (a cooperative venture between IDRC and the Ministry of Posts and Telecommunications) and as information technology teacher and adviser at Lidee Khmer’s Public Internet Center - Cambodia’s first internet café.
Herod first arrived in Southeast Asia in 1966 – working in Vietnam on a community development project.
“The first thing we did was go out and look at the situation and there were refugees who didn’t have adequate food, shelter, water or medicine,”” he said. “We started making lists of things people needed so we could formulate a program. We decided to ask them what they needed. We did seven interviews. The priority thing they needed was white cloth.
“I said ‘why do you need white cloth’? They said ‘so we can bury our dead with dignity’.
“We made white cloth a priority.”
The NGOs that came into Cambodia all through the 80s, Herod said, saw that everybody needed everything.
“Where you start is by asking people what they need most, immediately,” he said. “Now, years later, we have hundreds of NGOs, and this is where you get into donor-diven development. ”What you have now is primarily donor-driven development not client-driven development, so they are not asking people what they want any more.”
Donors specify things like “I want to give money to indigenous females who are land mine victims and have HIV”.
The NGOs, Herod says, are made up of administrators, accountants and field people.
“The field staff know what people need and what the problems are. The administrators are dealing with the donors, who are saying ‘we will give you this money if you do this work’. “So the administrators are saying to the people in the field, this is how we want you to spend this money, because the donors insist. And the field people say, ‘we have other priorities, we should be spending in a different way’.
That’s the enigma that NGOs face. You’ve got field staff who say we need this priority. The donors say we want it spent this way. And the administrators are in the middle.”
Herod says that over his 20 years with Church World Service and other NGOs he’s played all three roles “and I’m terrible at the middle role”. “Administrators need to understand that their role is to support field staff, not to impose the donors will at the field staff,” he said. “In the NGO community in Cambodia, that’s the crux of it. You’ve got administrators giving into the demands of the donors.”
Herod thinks the NGOs should look seriously at the new proposed NGO law and work hard with the government to come up best legislation possible.
“I think the NGOs need to clean up their act, and they should embrace the new law,” he said. “The government has a right to know where the money comes from and what their goals are.
“The western restaurants all have expensive NGO cars parked outside of them. How does that help people? Cambodia survived the Khmer Rouge abyss because of the leadership of the current government, not because of the NGOs.
“The government has also managed the economy and the development, and of course they have made terrible mistakes, haven’t we all, also they defeated the Khmer Rouge – when the UN and international community gave the Khmer Rouge support and legitimacy.
“This government under Hun Sen defeated the Khmer Rouge and then in negotiations for the trials of Khmer Rouge leaders this government out-manoeuvred, out-negotiated the UN in terms of the Khmer Rouge Tribunal.
“The survivors of the Khmer Rouge survived by lying, cheating and stealing. If they didn’t, they were killed. They learned those survival skills.”
Herod prevented a suicide by intervening as a man tried to drink drain cleaner and lost sight in one eye as the chemicals splashed and burned off his cornea.
That’s the kind of life Herod lives, working with the most difficult cases of Cambodians with severe problems on a humanitarian basis – such as those who had lived in the United States, got into trouble with the law and were deported back to Cambodia.
“The problems they face are a result of their experience in the US,” Herod said.
The Church World Service is a relief and development agency of the National Council of Churches.
A moment of reckoning - the Flood in 2011
The severe flooding of large parts of Cambodia in 2011 demonstrated how useless most of the 3000 NGO's in the Country really are, when it comes to emergency situations. Of course they blame it all on the Government (again)
The following press snippets show that many people for example in the flood stricken Prey Veng District did not get any help or had any contact with even one of Cambodias thousands of NGO's. It's widely assumed they where busy at their cocktail parties and receptions.
prey-veng-flood-2011-1.jpg
prey-veng-flood--2.jpg
