Civil society: Cambodia’s treatment of NGOs faulted

Wednesday, 02 May 2012
Bridget Di Certo
The Phnom Penh Post

Cambodia is on par with Ethiopia, Algeria and Belarus in terms of repressing non-government organisations, UN High Commissioner for Human Rights Navi Pillay says.

In a statement last week, she directly pointed to Cambodia’s proposed Law on Associations and Non-Governmental Organisations, or LANGO, as having the potential to breach the Universal Declaration of Human Rights, which is enshrined in the constitution.

The latest draft of the LANGO, obtained by the Post last year, would allow the government to close NGOs and associations if their activities were deemed to “harm . . . national unity, culture, customs and traditions of the Cambodian national society”.

U.N. official assails crackdown on NGOs [in Cambodia]

NEW YORK, April 25 (UPI) -- Government actions limiting the freedom of non-governmental organizations are undermining human rights, a U.N. official said Wednesday.

"Civil society, including non-government organizations, trade unions, human rights defenders, academics, journalists, bloggers and others, plays an absolutely crucial role in ensuring that human rights are protected," said U.N. High Commissioner for Human Rights Navi Pillay in a statement released Wednesday.

She highlighted cases in several countries in which government regulations are curtailing organizations' abilities to operate, noting Egypt's new draft laws, Zimbabwe's crackdown on freedom of association, Cambodia's proposed law that could close down non-governmental organizations if deemed harmful to national unity and culture, and Venezuela's new law putting such groups under permanent state surveillance.

Sacrava's Political Cartoon: NGO Law

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

Hun Sen Calls for More Talks on NGO Law

Wednesday, 28 December 2011
Kong Sothanarith, VOA Khmer | Phnom Penh

“If there is no agreement in 2012, it must wait until 2013.”

The Cambodian government on Wednesday took a step back on a controversial law to regulate NGOs, with Prime Minister Hun Sen saying in a public speech he wanted the Ministry of Interior and local NGOs to continue discussions that would make the law “acceptable” to all.

The draft law has come under continued criticism from international and local NGOs, who say it will stymie their work and expose them to arbitrary legal measures if enacted.

But Hun Sen also made it clear that the draft law would not be dropped altogether.

Cambodia’s draft law on NGOs deserves further review – UN expert

Surya Prasad Subedi, Special Rapporteur on the Situation of Human Rights in Cambodia

28 September 2011
UN News Centre

An independent United Nations human rights expert today urged the Cambodian Government to carefully review a draft law that may hamper the work of non-governmental organizations (NGOs) in the South-east Asian nation.

“The Government of Cambodia should not proceed with the draft NGO law in its present form,” Surya P. Subedi said as he presented his annual report to the UN Human Rights Council in Geneva.

“Of course, as a sovereign country, Cambodia is entitled to enact a law on NGOs, but the decision to adopt a law to regulate NGOs and associations is a critical initiative which requires careful attention, given its long-term implications for the development of Cambodian society,” added Mr. Subedi, the Special Rapporteur on the situation of human rights in Cambodia.

Many of the civil society organizations in Cambodia have been playing an important role alongside the State in delivering key social services in the areas of education, health, rural development, sanitation, social welfare and the protection of natural resources and the environment, he noted.

New Cambodian law 'cracking down' on NGOs

September 28, 2011
PM South-east Asia correspondent Zoe Daniel
ABC News (Australia)

The Cambodian government is pushing ahead with a new law to govern thousands non-government organisations (NGOs), which would allow it to shut them down at will.

NGOs are lobbying the Australian Government to help stop Cambodia from implementing the law that they say will restrict their activities and freedom of speech.

The Cambodian government has completed a third draft of its new law which would make registrations mandatory for NGOs with no transparent appeals process.

It could also allow NGOs to be dissolved at the government's direction with no explanation and many clauses appear deliberately vague.

Cambodian Minister’s Letter Proposes Crackdown on NGOs

Thursday, September 22nd, 2011
Voice of America

A letter signed by Cambodia's finance minister suggests the government should act against relief groups that have been advocating on behalf of displaced villagers.

The June 17 letter to Prime Minister Hun Sen, obtained by VOA's Khmer service, suggests the government “nullify the eligibility” of the NGOs. It says the main goal of the groups is to cancel work on a major upgrade of Cambodia's railways that would link much of Southeast Asia to Kunming, China.

The letter says an unidentified consultant with the Asian Development Bank, which is backing the $146 million project, had asked the government to take immediate action against the NGOs.

NGO ban questioned

Wednesday, 21 September 2011
Vincent MacIsaac
The Phnom Penh Post

PRIME Minister Hun Sen allegedly approved a recommendation from Deputy Prime Minister Keat Chhon that foreign NGOs be banned from doing advocacy work in Cambodia, according to documents received late yesterday by the Post.

In an accompanying translation of the yet-to-be verified June 17 letter, he also agreed to a call for Cambodian NGOs that do advocacy not to have foreigners involved in them. The letter also includes a recommendation that the Council of Ministers speed up its review and implementation of the draft law on associations and NGOs.

The recommendations followed sharp criticism from NGOs of the resett-lement impacts of the US$141 million railway rehabilitation project, which is funded by the Asian Development Bank and AusAID.

Hun Sen gave his approval to the recommendations on June 19, according to the copy of the documents. The letter had been photographed, apparently by a cell phone, is marked with the Finance Ministry’s stamp and is accompanied by what appears to be Hun Sen’s signature.

Comments on the Third Draft Law on Associatio​ns and NGOs of the Kingdom of Cambodia

http://www.box.net/shared/eekbg9gp2viguil4ufye

NGOs and Cambodia

September 14, 2011
By Tim LaRocco
The Diplomat

Civil society in Cambodia is typically a highly contentious issue. As a past volunteer with an NGO based in Southeast Asia, I’m fully aware of the ambivalence associated with civil societal organizations. It’s a subject that has been well chronicled as commentators have attempted to reconcile diverging opinions by highlighting the urgent need for NGOs in the developing world, while recognising that many of these institutions are victims of their own benevolence.

The problem, of course, is rooted in greed, an issue that transcends national borders. There are myriad NGOs promoting very worthy causes in the developing world, such as gender equality, poverty reduction and securing access for the most at risk segments of the population to basic human rights. But if there’s no money to be made – for both individuals and organizations – what incentive is there to devote time and resources to such causes?

The latest contribution to the discussion comes from The New York Times’ Elizabeth Becker who, in a recent article, laments the new law under consideration by Phnom Penh designed to force NGOs operating in the country to adhere to stricter regulations and ‘win (the) approval’ of the government. As she takes some not-so-subtle jabs at Cambodia’s ruling party, Becker bemoans the revenue to be lost and, as a member of the Board of Directors at Oxfam America, naturally claims that the poor will be the ones who suffer the most.

Groups urge UN to mull funding Cambodia NGO law

12 Sep 2011
By Thin Lei Win

BANGKOK (AlertNet) – Ten international human rights groups have raised concerns in a letter about a draft law in Cambodia which they say will allow the government to shut down aid agencies.

The letter addressed to the heads of 17 U.N. agencies, urged them to press the Cambodian government not to enact the law, which is being considered by the Council of Ministers, and to think about a funding freeze for programmes involving state agencies if the law is adopted in its current form.

Cambodia relies on foreign aid to cover as much as 60 percent of its spending.

"As written, (the law) will allow the Royal Government of Cambodia (RGC) to intimidate and potentially shut down local, national, and foreign NGOs, associations, and informal groups that criticise the government or government officials," said the letter sent on Friday.

Controversial NGO Law Sent Back for Re-Draft

Ministry officials of Interior will now “review and reconsider” the draft before sending it back a second time to the Council of Ministers for approval.

Thursday, 08 September 2011

Chun Sakada, VOA Khmer | Phnom Penh

“If no NGOs are watching in Cambodia, such as human rights organizations, the donors will not provide aid.”

A contentious law aimed at regulating Cambodia’s non-governmental sector has been sent back to the Ministry of Interior, following international concern that the draft as it stood could damage the country’s development.

The NGO law was approved last month by the Council of Ministers, despite widespread disapproval from local and international organizations, who said provisions in the draft would make it hard for them to operate and could leave them vulnerable to arbitrary punitive action by government officials.

Nouth Sa An, secretary of state for the Ministry of Interior, said the law would not go to the National Assembly as planned but has instead been sent back to the ministry for reconsideration, following international “reaction.”

Ministry officials will now “review and reconsider” the draft before sending it back a second time to the Council of Ministers for approval.

Cambodian Government Uses NGO Law to Silence Critics

Community members of Dey Krahorm, Cambodia who were evicted by the government in 2009

Wednesday, 07 September 2011
Siena Sofia Magdalena Anstis
Toward Freedom

A second case is that of Seng Kunnaka. In December 2010, Kunnaka, an employee of the World Food Program, was convicted on a charge of criminal incitement under the new Penal Code for printing and sharing material from KI-Media, an online blog that aggregates information critical of the government. He was sentenced to six months in jail and a $243 fine.

In late July the Cambodian government released a third draft of its highly contentious Law on Associations and Non-Governmental Organizations (NGO Law). A number of provisions in the law have the potential to impair the activities of human rights and civil society actors in the country.

The draft law, in a likely violation of freedom of expression which is protected both in the Cambodian Constitution and the ratified International Covenant on Civil and Political Rights (ICCPR), makes it mandatory that any group of Cambodians (including clubs and networks) operating as a non profit in Cambodia register with the government. These bodies also have to fulfill a number of complex and technical registration requirements. If they fail to do so, the government has a ‘legitimate’ excuse to prevent them from operating. The Cambodian League for the Promotion and Defense of Human Rights (LICADHO), a human rights organization operating across Cambodia, dubs this approach the “tyranny of the technicality” and believes it is likely that the government will use this power to shut down entities advocating for human rights or reporting on government corruption.

For ‘informal networks’ or loosely associated groups of individuals like farmers and taxi drivers, who do not have the means to open bank accounts or have formal office addresses, these requirements could severely impair their ability to register. It may force a majority of them to operate illegally, rendering them even more vulnerable. These networks are key partners in the development process, providing first-hand information on the situation of at-risk groups in the country and assisting international donors who continue to fund about half of the Cambodian government’s budget.

Don't thwart good work of NGOs

Sep. 6, 2011
Written by A. Gaffar Peang-Meth
Pacific Daily News (Guam)

Despite criticism of how NGOs operate, it would be unfortunate if the good work of NGOs and associations, many of which provide essential services to Cambodians about whom the Hun Sen government seems unconcerned, is thwarted.

On June 21, Slate Magazine's Ken Silverstein's article, "NGOs in Cambodia: Accommodation with the regime can be very profitable," examined non-governmental organizations in general, and in Cambodia in particular. The findings were not flattering to NGOs. But I took away more than one lesson.

When I was with the Khmer People's National Liberation Front, a Khmer nationalist resistance, at the Khmer-Thai border, I became familiar with some of what Silverstein and others have described as NGOs' general "path." Silverstein wrote: "After arriving to provide immediate relief, (NGOs) gradually transform themselves into survival-focused, grant-proposal-writing shops, chasing dollars and holding PowerPoint-heavy workshops on 'empowerment,' 'governance,' 'capacity-building,' and other empty buzz phrases."

His assertion mirrors my own experience in the 1980s. Here was what Silverstein wrote: When the earthquake hit Haiti in 2010, nonprofits rushed in -- but a survey revealed that the 60 U.S. relief organizations on site "had spent less than 40 percent of the $1.4 billion they raised" for the first year. Many projects are still stalled and 1 million Haitians continue to shelter in squalid tent settlements.

Silverstein says many of the billions of dollars spent by USAID to rebuild Afghanistan "never made it to the country, because about half of all funds were handed out to U.S. companies."

Cambodian govt defends NGO law – report

30 Aug 2011
By Thin Lei Win

BANGKOK (AlertNet) – A Cambodian government spokesperson has defended a controversial law aiming to regulate non-governmental organisations (NGOs), and has slammed critics who have urged foreign donors to consider a funding-freeze if the law passes in its current form, the Phnom Penh Post reported.

A coalition of 10 NGOs including Human Rights Watch, Global Witness and Freedom House has angered Cambodia - which relies on foreign aid to cover as much as 60 percent of its spending - by writing to 36 foreign ministers of major donor countries and the European Union last week.

The letters urged donors to press the Southeast Asian country to not pass the law, and to reassess assistance if it is passed. The law, in its third draft, is currently before the Cambodian Council of Ministers for consideration.

“What else do they want? We just want to have a proper law to regulate their operations to follow the rule of law in the country where they are operating,” Ek Tha, a spokesman and deputy director of the press unit at the Council of Ministers, told The Post by e-mail.

Rights groups lobby foreign powers over draft Cambodian NGO law

August 29, 2011
ABC Radio Australia

A group of ten major international rights groups have asked the American, British and Australian governments, among others, to consider cutting aid to Cambodia if a law's passed covering non-government organisations.

The third draft of the law is currently before the Council of Ministers, who will decide whether to send it to the National Assembly for final adoption.

The Cambodian Government says the new rules are needed to control the many non-government organisations or NGOs that operate in the country.

Presenter: Liam Cochrane

Speaker: Phil Robertson, Deputy Director of the Asia Division at Human Rights Watch.

ROBERTSON: Well, we're seeing that the law users of a tried and true Cambodian government method pass a law that restricts core rights, in this case, the right to freedom of association and set out a vague criteria to making decisions so the government official power will have absolute power to make arbitrary decisions, so this is going to allow them essentially shut down NGOs that they don't like, ones that raise unpleasant truths, expose corruption or take the side of villages in cases where the government may be doing something wrong like seizing land.

COCHRANE: It's still a draft law being considered by the Cambodian government. You're saying that there is a potential for this, but have there been any indications that this is the way that the law might be used?

Donor governments asked to review Cambodia aid if NGO law is passed

Cambodia's PM Hun Sen is under fire from human rights groups over a proposed law requiring NGOs and associations to register. Photograph: Rolex Dela Pena/EPA

Human rights groups call on UK, US and Australia to apply pressure on Cambodia if severely restrictive draft law is adopted

Friday 26 August 2011

Mark Tran

guardian.co.uk

"The lesson is when push comes to shove, when development partners threaten to take action, that kind of thing makes the Cambodian government sit up and take notice"

Human rights organisations are calling on donor governments to reassess their aid programmes to Cambodia if the country passes a law that can be used to muzzle local and foreign NGOs.

Ten groups have written to William Hague, the foreign secretary, Hillary Clinton, the US secretary of state, and Australia's foreign minister Kevin Rudd, sounding the alarm on a draft law now before Cambodia's council of ministers.

Human Rights Watch (HRW), Global Witness and others say the draft law, if passed in its present form, threatens to severely restrict civil society's right to freedom of association and expression.

"As such, the law will limit the ability of Cambodia's development partners to ensure that programmes reach their intended grass-roots beneficiaries," the letter says.

Human Rights Watch's letter to the EU High Representative for Foreign Affairs and Secuity Policy regarding the Cambodian NGO Draft Law

http://www.box.net/shared/7z32v6g2h04rshs0dvkl

Joint letter about the LANGO signed by 10 INGOs

http://www.box.net/shared/knjkk5d6v08rrebfm1s2


http://www.box.net/shared/9xzetfrlfhjszmggn2ex

Letter sent to 27 EU Foreign Ministers, Baroness Catherine Ashton and FM of Australia, New Zealand, Norway, Japan, US, Canada, Switzerland and South Korea

total of 35 Foreign Ministers and Baroness CA

VANACKERE Steven
Minister of Foreign Affairs & Institutional Reform
Belgium

MLADENOV Nikolaï
Minister for Foreign Affairs
Bulgaria

SCHWARZENBERG Karel
Deputy Prime Minister and Minister for Foreign Affairs
Czech Republic

ESPERSEN Lene
Minister for Foreign Affairs
Denmark

Cambodia: Crackdown on Critical Groups Confirms Civil Society Fears of Forthcoming Ngo Law

Thursday, 25 August 2011
Press Release: IFEX

Organisations critical of a government project to rebuild a railway link that could displace thousands of families have been suspended or told to toe the government line, reports the Cambodian Center for Human Rights (CCHR). Critics say it's a sign of what's to come if a controversial bill that aims to regulate the country's non-governmental groups gets passed.

NGO Forum, an umbrella group of 88 non-governmental organisations (NGOs) whose donors include Christian Aid and Oxfam, confirmed it had received a "warning letter" from the Ministry of Foreign Affairs over its concerns relating to communities affected by a railway rehabilitation project linking Phnom Penh to Thailand, which is funded by the Asian Development Bank and AusAID. The government said the group had made "false" and "unfair" claims about the deaths of two children relocated by the railway.

In a meeting last week, the Foreign Affairs Ministry accused NGO Forum and international organisation Bridges Across Borders of inciting families to oppose the project. The groups were told to "readjust their work in order to work closely with the government," reports CCHR.