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CCHR Press Release – Phnom Penh, 28 March 2011
Consultation on draft NGO law is neither open nor meaningful
The Cambodian Center for Human Rights (“CCHR”) understands that a small number of non-governmental organization (“NGO”) representatives have been invited by the Ministry of Interior (the “MOI”) to a consultation meeting on 29 March 2011 to discuss the second draft of the Law on Associations and NGOs (the “NGO Law”) with the MOI and the Ministry of Foreign Affairs and International Cooperation (the “MOFAIC”). CCHR has decided, out of principle, not to engage with other NGOs and provide any input into the consultation, so as to distant itself from this token effort by the Royal Government of Cambodia (the “RGC”) to create the semblance of consensus regarding the NGO Law.
For over a year, NGOs in Cambodia have called on the RGC to ensure that the consultative process for the NGO Law is an open and extensive one which should include all parties affected by the NGO Law. CCHR's concern is that this invitation will be used to give the impression of a civil society stamp of approval when, in fact, it is just a one-off meeting with a few selected NGO representatives, which in no way amounts to the meaningful consultation that such important legislation merits and requires. CCHR’s position is not intended to undermine the positions of other NGOs in regards to this consultation but is taken out of concern for the nature of the process offered by the government.
The second draft of the NGO Law was made public on 25 March 2011, only four days before the meeting with the MOI and the MOFAIC. A period of four days – two of which were non-working days – is in no one’s book a sufficient timeframe for concerned parties to analyze fully the changes to such a controversial and far-reaching piece of legislation. A reasonable timetable should be set which allows people ample opportunity to analyze the second draft and to prepare properly for the meeting with the MOI and the MOFAIC. Furthermore, the draft was only released in Khmer; since international NGOs are equally affected by the NGO Law and since English is the language in which they work, they have clearly been denied an equal opportunity to analyze the second draft.
Ou Virak, President of The Cambodian Center for Human Rights (CCHR), an apolitical, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout the Kingdom of Cambodia, comments:
“The proposed meeting between a selected group of NGO representatives and the MOI to "finalize" the draft does not constitute meaningful consultation, and our fear is that this meeting will be held out as NGO approval of the draft. This law has been drafted in utmost secrecy, consultation has been minimal and, for many NGOs, limited to a single day. On a point of principle, CCHR will not engage in this process and risk being hoodwinked into offering it any degree of legitimacy.”
CCHR re-iterates the recommendations made in our 24 December 2010 analysis of the first draft of the NGO Law and our 9 January 2011 recommended amendments and accompanying guidance note. Of primary importance is that the NGO Law should not apply to “associations” but only to NGOs, both domestic and foreign: the purpose of the NGO Law should be to regulate the large number of NGOs, not to stifle grassroots civil and political activity throughout Cambodia. The rights to freedom of association and expression, as well as the right to “participate actively in the political, economic, social and cultural life of the nation” as enshrined in the Constitution of the Kingdom of Cambodia, must be safeguarded.
For more information please contact Ou Virak on telephone number +855 (0) 12 404 051 or via e-mail at ouvirak@cchrcambodia.org.
CCHR takes this opportunity to re-iterate the findings and recommendations set out in our previous publications on the NGO Law accessible via the following links:
1 comment:
Koh Tral Island must not be forgotten
By Ms. Rattana Keo
Why do Koh Tral Island, known in Vietnam as Phu Quoc, a sea and land area covering proximately over 10,000 km2 [Note: the actual land size of Koh Tral itself is 574 square kilometres (222 sq miles)] have been lost to Vietnam by whose treaty? Why don’t Cambodia government be transparent and explain to Cambodia army at front line and the whole nation about this? Why don't they include this into education system? Why?
Cambodian armies are fighting at front line for 4.6 km2 on the Thai border and what's about over 10,000km2 of Cambodia to Vietnam. Nobody dare to talk about it! Why? Cambodian armies you are decide the fate of your nation, Cambodian army as well as Cambodian people must rethink about this again and again. Is it fair?
Koh Tral Island, the sea and land area of over 10,000 square kilometres have been lost to Vietnam by the 1979 to 1985 treaties. The Cambodian army at front line as well as all Cambodian people must rethink again about these issues. Are Cambodian army fighting to protect the Cambodia Nation or protecting a very small group that own big lands, big properties or only protecting a small group but disguising as protecting the Khmer nation?
The Cambodian army at front lines suffer under rain, wind, bullets, bombs, lack of foods, lack of nutrition and their families have no health care assistance, no securities after they died but a very small group eat well, sleep well, sleep in first class hotel with air conditioning system with message from young girls, have first class medical care from oversea medical treatments, they are billionaires, millionaires who sell out the country to be rich and make the Cambodian people suffer everyday.
Who signed the treaty 1979-1985 that resulted in the loss over 10,000 km2 of Cambodia??? Why they are not being transparent and brave enough to inform all Cambodians and Cambodian army at front line about these issues? Why don't they include Koh Tral (Koh Tral size is bigger than the whole Phom Phen and bigger than Singapore [Note: Singapore's present land size is 704 km2 (271.8 sq mi)]) with heap of great natural resources, in the Cambodian education system?
Look at Hun Sen's families, relatives and friends- they are billionaires, millionaires. Where did they get the money from when we all just got out of war with empty hands [in 1979]? Hun Sen always say in his speeches that Cambodia had just risen up from the ashes of war, just got up from Year Zero with empty hands and how come they are billionaires, millionaires but 90% of innocent Cambodian people are so poor and struggling with their livelihood every day?
Smart Khmer girl Ms. Rattana Keo,
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