CAMBODIA: Government set to curb rights and activities of NGOs 

Dear friends,

The Asian Human Rights Commission (AHRC) has come to learn of the Cambodian government’s intention to enact a law which would highly restrict the rights and activities of NGOs in the country. The decision to do this has come at a time when leading political figures have openly criticised the role of NGOs in Cambodia and accused them of speaking too freely.

The Cambodian government has with vigor revived the idea of a law governing local associations and non-governmental organisations (NGO law) that it had shelved for 10 years and is set to enact this law by the end of the year. The motive behind this rush is simply to rein in NGOs, restrict their constitutional rights and control their activities. On 15 June 2006 Heng Samein, the President of the National Assembly and Honorary President of the ruling party, the Cambodian People’s Party (CPP), said: “Today, so many NGOs are speaking too freely and do things without a framework. When we have a law, we will direct them.” Sar Kheng, Deputy-Prime Minister and Minister of Interior said the bill would be ready for enactment by the Parliament by the end of the year.

The government is circulating the draft law to NGOs for comments.  In appearance this gesture looks very much a democratic consultation. But as before, this consultation is hollow and meaningless. It is merely a show when the government simply ignores inputs that defend the rights and activities of NGOs, defends and imposes the set of ideas it has already had to restrict these rights and activities, gets the Cabinet to approve the bill and then sends it to parliament for enactment.

The statements of the two top leaders reflect this objective which was unequivocal when Seng Limnov, Secretary of State at the Council of Ministers, said: “NGOs practice outside their duties, such as NGOs getting involved in politics by leading demonstrations..and so.” This restriction is already stipulated in the draft law which forbids NGOs to “conduct activities for any political interests” or “ provide non-material, material, financial, means and human resources in support of any political party, or act against their statute.”

This restriction is a violation of the rights and freedoms of the Cambodian people as enshrined in the Cambodian constitution and the International Covenant on Civil and Political Rights (ICCPR) which Cambodia has adhered to, namely, “the right to participate actively in the political, economic, social and cultural life of the nation”, the right of association and freedom of expression and of assembly.

This violation will be more extensive when this law comes into force as the government can restrict any NGO activity by claiming that it is “conducted for political interests” or it is “in support of a political party.” There is no possible judicial review of such a claim since courts are under executive control. Even if courts are independent, it is still difficult for them to consider an activity as being conducted for or not for political interests, or non-material, material, or financial means or human resources as being provided in support of a political party. If a political party calls on an NGO or NGOs to provide training to their members or provide humanitarian relief to people suffering from other political parties’ discrimination for not supporting them, would that be considered as being provided “in support of that party”?

Recently, in response to claims that judge’s membership in political parties and their participation in party activities compromise their independence and impartiality and to demands that they should severe their party membership, the government vehemently defended such party membership and activities, claiming they are a judges’ political rights. Yet it bans political activities of NGOs. Evidently there are two laws for the Cambodian government: one, very liberal, for its supporter, and the other, very restrictive, for those who are simply exercising their constitutional rights and freedoms.

This particular NGO law is not urgently needed, and there has been no insistence it should be enacted as a matter of priority. There are a set of much more important laws that the local community and donor countries and international agencies have been insisting on for over a decade or so which the Cambodian government should make as a matter of urgency. These include: Anti-corruption law; penal code; the code of criminal procedure; the civil code and code of civil procedure; the organic law on the organisation and functioning of courts; the law on the amendment of the supreme council of magistracy (the government of the judiciary); and the law on the status of judges and prosecutors. The Cambodian government should focus on these laws first instead of the NGO law.

The making of this restrictive NGO law that has followed the making of another law restricting public demonstrations poses yet another serious threat to human rights and freedoms, and consolidates dictatorial rule in Cambodia.

SUGGESTED ACTION:

Please write to the relevant authorities listed below voicing your concern for the proposed NGO law.

 

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