Govt's proposed NGO regulation law overkill: civil society

Wednesday, 01 October 2008
Written by Meas Sokchea and Sebastian Strangio
The Phnom Penh Post

"We are concerned that their funding could come from terrorist groups." [- Hun Sen, the instigator of the 1997 coup d'état in Cambodia]

Rights groups brand the PM's proposed NGO Law "unnecessary", saying terrorism and fraud can be solved through more effective means

OPPOSITION lawmakers and local rights groups have criticised the government's proposed introduction of tighter regulations for non-government organisations, saying the restrictions go beyond what is needed to ensure accountability in the NGO sector.

Addressing the first meeting of the new cabinet Friday, Prime Minister Hun Sen said the government plans to pass a law regulating the operation of local and international NGOs in Cambodia.

"We have to know the sources of [NGO] funds," Hun Sen said. "We are concerned that their funding could come from terrorist groups."

The Ministry of Interior originally drafted the Local Associations and Non-Governmental Organisations Law in 2006, and it is expected to be passed soon by the new CPP-dominated government.

Over-regulation
Lawmakers contacted by the Post agreed there was a need for the government to weed out fraudulent NGOs, but said this goal could be achieved through other means.

"I support the government wanting to receive reports and information from NGOs, but if they are creating a law to control NGO budgets this would not conform to democratic principles," said Sam Rainsy Party lawmaker Mu Sochua. If the government is worried about terrorism, she added, it should order the relevant ministries to increase their readiness rather then constraining NGOs.

Ngy San, deputy executive director of the NGO Forum, said his personal view was that some degree of regulation was necessary, but that its extent should be the subject of debate. "There should be some regulation of the sector," he said. "But what should be the content of the law?"

But Ou Virak, president of the Cambodian Centre for Human Rights, said the necessary laws were already in place, citing the long-awaited Anti-Corruption Law and other criminal legislation.

"The NGO environment is not perfect. Some NGOs are using land concessions for profit, but the solution is not to make things difficult for all NGOs. The root of the problem is that government officials are benefiting from these deals," he said. "If you pass an anti-corruption law, you prevent your own government from doing these things."

Ou Virak added that errant NGOs were no justification for the promulgation of a new law. "The root cause is not civil society. It is NGOs that have some link to people high up in the government," he said. "It makes you wonder where the priorities lie for the new government. The solution is going to be much worse than the problem."

Heang Rithy, president of the Cambodian National Research Organisation, agreed that the government had more pressing concerns than tightening its grip on NGOs. "The government should create laws against corruption, conditional laws for [the appointment of] independent judges and laws to resolve land disputes," he said.

Sacrava's Political Cartoon: In the Emperor's Eye

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Hun Sen critical towards NGOs [-Hun Sen: "The long noses" aren’t always smart]

29-09-2008
By Ung Chamroeun
Cambodge Soir Hebdo in English
Click here to read the article in French

The Prime Minister brought up the imminent adoption of a civil society law, believing that “terrorists” might try to settle in Cambodia under the disguise of non-governmental organisations.

During his speech about general politics, the Prime Minister highly criticised the NGO workers who are against the adoption of a law on NGO’s in Cambodia.
Friday morning, 26 September, during a five-hour speech, Hun Sen declared that: “The NGO workers are trying to teach us a lesson by asking us to respect the law, but they refuse the adoption of a law on NGO’s. It’s unfair”.

According to him, Cambodia is a legally constituted State and it’s thus necessary to know “the origin, the resources and the activities of those NGO’s”. In support of his remarks, Hun Sen brings up a quite surprising argument because he fears that “terrorists might settle in the Kingdom under the disguise of NGO’s”.

And while he was at it, he brushed away the accusations from the civic society, which he believes are directed to him. “The NGO’s are forced to insult the government in order to obtain funding. I told Kofi Annan, former General Secretary of the United Nations, that I lost the hope of reading positive reports concerning Cambodia when they’re written by the specialised human rights organisation or by local human rights NGO’s”, said the Government leader.

After attacking the NGO’s, in the best of form, he then accused the oil company which was asking the government for subsidies during the first three years of activities. “The long noses” aren’t always smart. They’re giving us advice on how to use the oil money, but this is of no interest to us. What is important is how to make our resources profitable”, continued Hun Sen.

In order to challenge his opponents, he then brought up the accusations of corruption around the management of these natural resources. “When five companies are competing, it’s unavoidable to be criticised by the four companies which lost out. The United States are careful not to attack us concerning this case because the American company Chevron will manage the Cambodian oil resources”, declared Cambodia’s strongman.

Finally, Hun Sen asked the CPP elected representatives to be aware of their responsibility: “During this new mandate, you won’t be able to blame Funcinpec when the time comes to make an assessment”, he warned.

Rights Groups Warily Eye Proposed Law

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
29 September 2008

Click here to listen to the Khmer audio program

Local human rights groups on Monday expressed concern over Prime Minister Hun Sen’s push to pass a law to monitor and restrict the work of non-governmental agencies, following the ruling party’s widened control of state power.

Hun Sen told his new cabinet on Friday the government should push to adopt the so-called “NGO law” to monitor the financial status and payment methods for Cambodia’s non-governmental organizations.

The law would help prevent funding from “terrorist organizations,” Hun Sen said.

Hun Sen’s ruling Cambodian People’s Party began a new mandate last week, with an overwhelming 90 of 123 National Assembly seats, control of all cabinet ministries, and a large majority of high-level positions.

A draft NGO law was written by the Ministry of Interior in 2006 and must now be approved by the Council of Ministers before it is voted on by the National Assembly. It would then be revised by the Senate and signed by the king into law.

Rights workers said on Monday the law could be abused to keep non-governmental organizations out of politics.

Thun Saray, president of the rights group Adhoc, told VOA Khmer Monday his group was concerned about “pressure” on the activities of rights groups, especially the monitoring of their finances and their work in politics.

“I’m simply wondering if this is the beginning of the closure of democracy in Cambodia,” he said. “The development of the situation from now on, where is it moving? Will it have positive development, or not, in the plural democratic process and the respect of human rights? Will it move forward or backwards?”

Sok Samoeun, president of the Cambodia Defenders Project, said Monday a monitoring law was unnecessary.

“Thousands of NGOs in Cambodia stay within the law already,” he said. “If any NGO operates outside its own statutes, the government has the right to close down or eliminate that NGO.”

“I believe that the law will restrict NGO work,” he said. “I am not interested in that law. The law is not necessary. It is not a priority.”

Hun Sen said Friday many non-governmental agencies, including human rights groups, have criticized the government merely to gain more financial assistance. The law would not hurt the processes of human rights and democracy, he said, but would strengthen the rule of law.

“We don’t make strong pressure,” he said. “But NGOs must have laws to control them.

Hun Sen's excuse to establish laws to control NGOs

Cambodia to Establish Law to Manage NGOs

2008-09-26
Xinhua

Cambodian Prime Minister Hun Sen said Friday that the new government will establish a law to manage the non-government organizations in the country.

"We have to know the sources of their fund. We are concerned that their fund could come from terrorist groups," Hun Sen said at the first cabinet meeting.

Terrorist groups could use the non-government organizations or associations as their shelters, he said.

The draft law will be consulted with involving organizations before sending to the National Assembly for approving, Hun Sen said, adding that it will be sent to be approved at the same time with the anti-corruption law.

However, Hun Sen said Cambodia is the heaven for non-government organizations and associations.

The Cambodian government encourages legal NGOs and associations to help the economic and social development of the country, he added.