ABC Radio Australia
There been a huge backlash amongst local and international non-government organisations in Cambodia over the second draft of a proposed NGO law.
The law would regulate the thousands of NGOs that operate in Cambodia... and often fill significant gaps in areas such as health, education, environment and agriculture. The government says the law is necessary to ensure that NGOs operate within reasonable bounds - the NGOs disagree.
Reporter: Robert Carmichael
Speakers: Phay Siphan, Council of Ministers; Naly Pilorge, human rights organisation Licadho
CARMICHAEL: Cambodia has no shortage of non-governmental organisations, or NGOs. There are thought to be more than 3,000 of them, from titans such as World Vision and Oxfam, to the smallest of local organisations and associations.
The government recently drafted a law to regulate how NGOs and associations operate in Cambodia. That draft is on its way to the Council of Ministers for final review before it heads to parliament.
The first draft was released for public comment late last year; the second last month. It has caused widespread alarm among NGOs, some of which fear the law could be abused by the government to shut down those it doesn't like.
So what are the problems with the draft? Naly Pilorge is the director of human rights group Licadho.
PILORGE: Generally there are three main concerns. First is mandatory registration - everyone is forced to register. Secondly is burdensome registration requirements - I mean many, many self-help groups, communities are illiterate, and based in the provinces. And then the third is there is a lot of ambiguity, a lot of unclear passages in this law so the decisions can be subjective, can be arbitrary to accept or refuse, and there is no appeal system. So if the Ministry of Foreign Affairs or Ministry of Interior refuses your application, there is no way to appeal.
CARMICHAEL: Earlier this week a group of more than 60 international NGOs wrote a public letter calling on the government to change some of the law's provisions, and asking donors to try and push their case.
But the law will affect far more than those few dozen. As it stands, any local NGO or association would be subject to its provisions - that would include, for example, sex worker collectives, community groups trying to prevent their land being stolen, business associations, or farmers' groups. The list is long.
Freedom House, a US watchdog that supports freedom around the world, says the draft is fundamentally flawed and should be ditched. It points out that any organisation that does not register with the government and sign a memorandum of understanding will be barred from operating here.
Civil society fills huge gaps in the provision of services in Cambodia - a function the government admits is vital. So why does it want this law?
Council of Ministers spokesman Phay Siphan says the government consulted several times with civil society on the draft law. He says the constitution states NGOs must be protected by law, and claims that is one purpose of this law.
SIPHAN: The principle that the government tries to initiate NGO law is in the interests for the organisations - to protect NGO as an organisation. NGOs have to be protected by the government.
CARMICHAEL: He says in the past some NGOs abused their non-profit status and got involved in political work.
SIPHAN: They start with an NGO as work for non-political and non-profit organisation, and they turn to be a political group.
CARMICHAEL: Phay Siphan says the government has no problem with political groups, but those that want to engage in politics ought to form a political party.
In short, he says, there is no cause for concern - the government wants a transparent civil society sector. And he says NGOs that object to the draft's current provisions should tell the government what they don't like.
Many NGOs would reply they tried that and got nowhere. Now some have asked donors to weigh in - since donors provide around half of Cambodia's budget. Sweden currently chairs the European Union group of embassies in Cambodia. Ambassador Anne Hoglund says the EU group is concerned about the law since it would affect how civil society operates, and therefore the EU's development cooperation with Cambodia.
Japan and the United States have both recently said the law is deficient. Naly Pilorge at Licadho says the core of the problem is Article 6: the requirement that every NGO and association must register if they want to operate in Cambodia.
She says that status is voluntary in most developed nations, and NGOs choose to do so for tax benefits and legal protections.
PILORGE: The essence of this law is Article 6. If you modify it or eliminate it, then there's hope. But any other modification is cosmetic and makes no difference.
CARMICHAEL: Civil society organisations are deeply worried the government is about to impose a law that will have far-reaching implications. NGOs and donors want the government to listen to their concerns. What it chooses to do could have a big impact on Cambodia's development for years to come.
4 comments:
Khmer people always obey the law or have always been respected the rule of laws ever since, trying to do the right things and being afraid of the higher-up leaders or what so ever.
Khmer population is not small. It combines with Khmer Krom (Southern Vietnam), Khmer Surin (Northern Thailand) and Khmer Kandal (Cambodia today).
If Khmer people don't care about Buddha or did not show respects, Khmer could be very aggressive like Thai and Vietnam or China, and would have more power and become a very developed nation in the world. The enemies like SIAM (Thailand) and Die Viet (Vietnam) are betrayal and hypocrite races when Khmer people have been so soft and so kind to the neighbors (like Vietnam, Thailand, Laos/Hmong, China, etc) until the neighbors (Thailand and Vietnam) took for grants and stole things and destroyed Khmer people. What on earth the Vietnam and Thailand are doing to Khmer (Cambodia) until today?
It is sad that the Thailand and Vietnam have been using Khmer people as unthinking and forgotten people as their strategies to destroy the real Khmer history to regain their rewritten and false histories. They plan to brainwash their young generations to act very weird and rude until today as you know. Many young people of Thailand and Vietnam have learned their false histories on earth and then their histories will not have the values to learn.
Thailand and Vietnam compare themselves to be like the U.S., British Empire, etc. That is stupid.
KAMPUCHEA KROM AT A GLANCE
Kampuchea Krom is composed of 68,965 square kilometers, 21 provinces and municipalities, two large islands - Koh Tral and Koh Tralach, 171 districts, 1,368 communes, 14,778 villages, more than 13 million Khmers, more than 567 Buddhist pagodas and more than 20,000 Theravada Buddhist monks.
99% of populations are Theravada Buddhists.
The Khmer kings, governments, regimes and citizens have never relinquish (give up) this part of their country to foreigners.
Kampuchea Krom has been under an ongoing colonial control since her division from motherland, Cambodia.
June 4, 1949 is the date that the Khmer Kampuchea Krom citizens grieve. The Khmer Kampuchea Krom people have organized Buddhist Service annually to honor the fallen Khmer Buddhist monks and heroes, who sacrificed their lives for Kampuchea Krom and Theravada Buddhism.
Colonial France divided, ceded and transferred Kampuchea Krom to colonial Vietnam on this date. The freedom of Khmer Kampuchea Krom has been mostly stripped by the Vietnamese ruling regimes and governments since. The French colonial administration committed injustice upon the more than 13 million Khmers of this beautiful fertile land.
Justice remains elusive for Cambodia, Kampuchea Krom and her citizens.
And...The struggle to regain freedom and human rights by the Khmers in Kampuchea Krom continues as long as injustice commits by the ruling Vietnamese regime(s) has not produced a fruitful result.
Koh Tral (Tral Island)
in Vietnamese - Phu Quoc island
circa 1939 Vietnamese encroached and conquered
Koh Tral Island has an area of 567 square kilometers; about 62 kilometers long and between 3 kilometers and 28 kilometers wide. The island physically is located closest to Cambodia's Kep seaside city. Visitors can see Koh Tral Island from the coastline of Kep. It is about a 30-minute motorized boat ride.
By Smart Khmer Girl, Ms. Rattana Keo
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,
It takes 20 year for the Hanoi' puppet CPP, To past the anti-curruptions law. Yet the law is currupted.
But it can take them a day or two lock up innocent people, and passed bogus law.
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