10 August 2011. Johannesburg. The Cambodian Government’s decision to introduce a law which will restrict the activities of Non-Government Organisations (NGOs) presents worrying signs about deterioration in the country’s democracy, CIVICUS: World Alliance for Citizen Participation said today. The proposed Law on Associations and Non-Governmental Organisations will also make it more difficult for foreign aid organisations to operate in the Asian country, CIVICUS said.
CIVICUS joined a growing network of local and international civil society groups calling for the Cambodian parliament to abandon this draft law, believing the law will give the government discretionary powers to control civil society groups. The law, a clear violation of international human rights law, is also seen as part of a growing global trend of governments attempting to restrict their citizens’ freedom of association and speech and dissenting civil society voices.
“The Draft NGO Law, initially made public in December 2010, is an unacceptable and unjustifiable barrier, not just to freedom of association as a fundamental principle, but also to freedom of expression”, said Ingrid Srinath, Secretary General of CIVICUS. “It breaches the guarantee of freedom of association enshrined in the International Covenant on Civil and Political Rights to which Cambodia is a party, as well as the Cambodian Constitution which states that “Khmer citizens shall have freedom of press, publication and expression”.
Among the problematic issues are:
- NGO registration is mandatory and complex, rather than voluntary and simple
- There are no safeguards to insure that either denials of registration or involuntary dissolutions are imposed objectively
- The law does not include a time period for an appeals process for the denial of registrationKey terms in the law are left undefined, and many sections are vague
The new documentation has failed to determine a date when the draft bill would be passed and who would be in the working group that would take the legislation forward. “The new draft has failed to address any of the urgent concerns put forward by the 200 civil society groups that attended a public consultation workshop in January 2011”, said Adele Poskitt, Policy Officer for CIVICUS.
Whilst it is crucial that civil society organisations are held to account for their activities and practices, this draft law, which requires all organisations in Cambodia to give detailed information about their work, could be abused by the government who would be able to shut down organisations or associations that are at odds with the powerful elite.
Partners of CIVICUS working in Cambodia told CIVICUS that there is fear within Cambodian civil society that the legislation could be abused by those in power and used to shut down organisations or associations that are at odds with the government. Democracy in Cambodia is already fragile and the environment for human rights defenders in Cambodia is a risky one, according to insiders.
If enacted, the NGO law could prevent the formation of important and much needed civil society organisations in Cambodia, which has one of the highest levels of poverty in the region and is currently rated 124 out of 169 in the UN Human Development Index.
“We witness intimidation, harassment, physical attack and legal action, not just against community leaders, trade union leaders and opposition politicians, but anyone who speaks out against the interests of the elite”, said Lun Borithy, Executive Director of Cooperation Committee for Cambodia.
“Democracy in Cambodia is an illusion as those that do not toe the party line are being prevented from participating in public life. There is every reason to believe this move of the government to pass the NGO law will strengthen the authoritarian hand of those in power. It is just one of a package of new laws that will have a similar impact on civil society, including the
Demonstrations (Peaceful Assembly Law), the Trade Union Law, the Anti-Corruption Law and parts of the new Penal Code.”
The Cambodian government is not alone in using the legislative tools at their disposal to control and restrict civil society organisations. In the last two years CIVICUS has observed a multitude of restrictions on civil society in 90 countries in the world.
CIVICUS urges the Government of Cambodia to create an enabling environment for civil society and to uphold their responsibilities under international law.