Open Letter
The Hidden Agenda behind the NGO Draft Law - Constitutional Rights at Risk
The concerns raised by the Sam Rainsy Party over the key issues of the government's draft for the NGO Law during the first round of discussions earlier this year are once again reported by local and international media.
What is first worth pointing out is the government's tight minded approach to an open discussion process that should leave room for give and take when parties are negotiating that can lead to a win-win situation--a rule of thumb in a democratic process. The second round of discussions between NGOs and the government has failed to find an acceptable compromise.
Furthermore, the major issues that put into question the hidden agenda of the government behind the proposed draft remain around the constitutionality of such law if adopted without further changes..
An ineffective NGO Law is a threat to democracy and good governance as it will put at risk the fundamental rights and freedoms of our citizens and could diminish the need for social accountability. If adopted, the NGO law will leave much room for political discrimination and allow much space for government control of the implementation of NGO programs and their activities.
Articles 41 and 35 of the Cambodian Constitution stipulate the citizens’ rights to expression and the right to take part actively in the political, economic and social affairs of the nation. The adopted law will put an end to or drastically limit the active engagement of villagers, indigenous groups who come together on ad-hoc basis to protect the interests of their communities, express their opinion against government policies or regulations.
The voice of the people must be heard. That critical voice can be best facilitated by the active participation of community-based organizations that are allowed to function freely and without fear of discrimination and control.
With the growing abuse of power of the authorities, the widespread level of corruption and political targeting, the draft law is a signal of the government’s aim at controlling and curbing civil engagement in governance. It is very likely that groups or individuals targeted as critics of the government will be subject to scrutiny during the registration process that will be under the control of the Ministry of Interior without room for appeal if an application is denied. The recent prosecution of Kampuchea Krom groups, the arbitrary arrests of citizens under the pretext of national defense and social order are clear signs of more crack-downs with the adoption of the draft.
Concerning international NGOs, the draft law stipulates that foreign non-governmental organization shall collaborate with relevant ministries or institutions of the Royal Government of Cambodia when preparing project plans, implementing, monitoring, aggregating and evaluating the result of implemented activities. This requirement could lead to regulation and control of each project or program by the government and the provincial authorities. Furthermore, it could cause delay due to the tedious requirements.
Making governance people-sensitive requires a mindset that recognizes the roles and functions of civil society players, of women, the disabled and the youth, the indigenous communities in shaping governance. It requires a level of mutual trust which begins with the recognition of the people’s right to information, free speech, civic engagement and social accountability. It requires a mechanism that enables constructive dialogues and an enabling social and political environment that promotes people’s engagement in public affairs.
Yet, the NGO Law drafted by the Ministry of Interior which has be distributed for discussion is bringing a new challenge to good governance and will put democracy in Cambodia farther back to the cross-roads.
The most preferred investment in good governance is an effective mechanism that opens and secures social accountability and not a law to dis-empower and create an atmosphere of mistrust. If passed without taking into consideration the inputs made through the consultative process between NGOs and the government, the NGO Law will reach one goal: the loss of the people’s voice and constructive inputs that can give a democratic shape to development in Cambodia.
Members of Parliament
Sam Rainsy Party
11 April, 2011
Phnom Penh
5 comments:
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, itchy and big hole Khmer widow Rattana Keo,
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,
Thailand is the trouble maker in the ASEAN neighborhood. They have no respect for other and gets no respect from other too. Such a bulled state... big in size but cheap in behavior.
cpp governments in Cambodia has been controlling by vietnam since 1979.They denounced that they were withdrawn but oppositely they have been encroaching into Cambodia more and more from days to days by turning soldiers uniforms to civilian clothes.They are hiding inside Cambodia ,they vote for cpp that why hun sen never loose election to nationalist parties.
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