Friday, 21 November 2008

The Government and Civil Society Organizations Disagree over Draft Law to Control Non-Government Organizations - Thursday, 20.11.2008

Posted on 21 November 2008

The Mirror, Vol. 12, No. 587

“Phnom Penh: Officials of the Cambodian government announced their intention to adopt a law to control non-government organizations during the fourth term government in order to solve problems and irregularities of civil organizations in Cambodia. However, civil society and human rights organizations, that do significant work, are opposed to the intention to create this law, because they think that it will reduce their activities and restrict the rights of these organizations.

“During a workshop about human rights, democratization, and reforms, which were discussed by state and by civil society representatives, that had been organized by the Commission of the European Union in the afternoon of 19 November 2008, Mr. Ouch Borith, a secretary of state of the Minister of Foreign Affairs and International Cooperation, said that non-government organizations have proceeded with their activities nearly three decades freely since 1980 in Cambodia. The Royal Government recognizes and welcomes the role and the essential involvement of civil society organizations in developing and in restoring the economy and society, and in promoting democracy, human rights, and dignity. The Royal Government always encourages and supports them, and continues to strengthen cooperation with civil society.

In this sense, they serve as a sector of reforms of law and of encouragement for the rule of law; therefore it is time that Cambodia must have legislation (an ‘organization law’) that everyone understands and follows in an open society. “Regarding the draft law to control non-government organizations, an undersecretary of state of the Ministry of Interior, Mr. Sieng Lapresse, presented, in English, during the workshop, the [draft] organization law, consisting of ten chapters and thirty five articles, that has been being drafted since 1995, following laws in the Sangkum Reastr Niyum era as the basis, as well as organization laws of France and of other countries in Asia. But so far, the organization law is still a draft, because it is opposed by some organizations.

“On the other hand, Mr. Sieng Lapresse added that the Cambodian government is already committed that the organization law will be adopted during the fourth term, although some organizations argued with reasons against it. The present draft is the third organization law draft, in which nine articles were corrected at a cost of more than US$200,000 in aid, and it was revised by the Ministry of Interior and other relevant ministries, with the participation by experts of the World Bank.

“Mr. Sieng Lapresse went on to say that the government makes efforts to encourage the adoption of an organization law, so that the government can deal with irregularities of civil society organizations, and also, so that the Ministry of Interior can list statutes of structures for describing goals and intentions, management, roles, and ways to recruit and dismiss staff. Especially also to regulate affairs so that the government can know the resources of civil society organizations.

“As soon as the presenters of the government had finished their presentations about the plan for the creation of an organization law, the president of the Cambodian Human Rights and Development Association – ADHOC - Mr. Thun Saray, who represented the civil society in Cambodia, said that it has been fifteen years already since civil society organizations proceed with their activities in Cambodia without any problem. During that period, civil society organizations were involved a lot to develop the country. Being partners of the government, civil society organizations provide assistance, paid attention and provided materials as well as training, in all sectors.

“Mr. Thun Saray continued that during these fifteen years, civil society organizations are always under the control by different laws of the country, including the Constitution, the internal criminal law, announcements by the Ministry of Interior, and some other laws, which assured that civil society organizations acted under the control of sufficient laws, so that it is not necessary to have additional laws. In addition, the control of the finances of civil society organizations - through which, as some said that they might become sources for terrorism - are generally and regularly monitored by international audit companies as required by donors. So there is no corruption or irregularity.

“Also joining to listen to the discussion, a Sam Rainsy Party parliamentarian, Mr. Son Chhay, supported what civil society organizations stated above. Parliamentarian Son Chhay said that normally, our country does not have national institutions functioning with responsibility; therefore, to provide freedom to civil society organizations to fulfill their duties properly without threats and restrictions is critical. The government should pay more attention to discuss the adoption of an anti-corruption law, so that all institutions can fulfill their work successfully according to the Rectangular Strategy of the new term government.

“Nevertheless, the head of the Royal Government, Samdech Dekchor Hun Sen, stated clearly during the opening of the first session of parliament of the fourth term Royal Government on 26 September 2008, that during this fourth term government an organization law will be adopted together with the anti-corruption law.

Rasmei Kampuchea, Vol.16, #4747, 20.11.2008
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Thursday, 20 November 2008

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