Controversial law in Cambodia has NGOs worried

Saturday, April 9, 2011

April 8, 2011
ABC Radio Australia

There been a huge backlash amongst local and international non-government organisations in Cambodia over the second draft of a proposed NGO law.

The law would regulate the thousands of NGOs that operate in Cambodia... and often fill significant gaps in areas such as health, education, environment and agriculture. The government says the law is necessary to ensure that NGOs operate within reasonable bounds - the NGOs disagree.

Reporter: Robert Carmichael

Speakers: Phay Siphan, Council of Ministers; Naly Pilorge, human rights organisation Licadho

Click here to listen to the audio program (Windows Media)

CARMICHAEL: Cambodia has no shortage of non-governmental organisations, or NGOs. There are thought to be more than 3,000 of them, from titans such as World Vision and Oxfam, to the smallest of local organisations and associations.

The government recently drafted a law to regulate how NGOs and associations operate in Cambodia. That draft is on its way to the Council of Ministers for final review before it heads to parliament.

The first draft was released for public comment late last year; the second last month. It has caused widespread alarm among NGOs, some of which fear the law could be abused by the government to shut down those it doesn't like.

So what are the problems with the draft? Naly Pilorge is the director of human rights group Licadho.

PILORGE: Generally there are three main concerns. First is mandatory registration - everyone is forced to register. Secondly is burdensome registration requirements - I mean many, many self-help groups, communities are illiterate, and based in the provinces. And then the third is there is a lot of ambiguity, a lot of unclear passages in this law so the decisions can be subjective, can be arbitrary to accept or refuse, and there is no appeal system. So if the Ministry of Foreign Affairs or Ministry of Interior refuses your application, there is no way to appeal.

CARMICHAEL: Earlier this week a group of more than 60 international NGOs wrote a public letter calling on the government to change some of the law's provisions, and asking donors to try and push their case.

But the law will affect far more than those few dozen. As it stands, any local NGO or association would be subject to its provisions - that would include, for example, sex worker collectives, community groups trying to prevent their land being stolen, business associations, or farmers' groups. The list is long.

Freedom House, a US watchdog that supports freedom around the world, says the draft is fundamentally flawed and should be ditched. It points out that any organisation that does not register with the government and sign a memorandum of understanding will be barred from operating here.

Civil society fills huge gaps in the provision of services in Cambodia - a function the government admits is vital. So why does it want this law?

Council of Ministers spokesman Phay Siphan says the government consulted several times with civil society on the draft law. He says the constitution states NGOs must be protected by law, and claims that is one purpose of this law.

SIPHAN: The principle that the government tries to initiate NGO law is in the interests for the organisations - to protect NGO as an organisation. NGOs have to be protected by the government.

CARMICHAEL: He says in the past some NGOs abused their non-profit status and got involved in political work.

SIPHAN: They start with an NGO as work for non-political and non-profit organisation, and they turn to be a political group.

CARMICHAEL: Phay Siphan says the government has no problem with political groups, but those that want to engage in politics ought to form a political party.

In short, he says, there is no cause for concern - the government wants a transparent civil society sector. And he says NGOs that object to the draft's current provisions should tell the government what they don't like.

Many NGOs would reply they tried that and got nowhere. Now some have asked donors to weigh in - since donors provide around half of Cambodia's budget. Sweden currently chairs the European Union group of embassies in Cambodia. Ambassador Anne Hoglund says the EU group is concerned about the law since it would affect how civil society operates, and therefore the EU's development cooperation with Cambodia.

Japan and the United States have both recently said the law is deficient. Naly Pilorge at Licadho says the core of the problem is Article 6: the requirement that every NGO and association must register if they want to operate in Cambodia.

She says that status is voluntary in most developed nations, and NGOs choose to do so for tax benefits and legal protections.

PILORGE: The essence of this law is Article 6. If you modify it or eliminate it, then there's hope. But any other modification is cosmetic and makes no difference.

CARMICHAEL: Civil society organisations are deeply worried the government is about to impose a law that will have far-reaching implications. NGOs and donors want the government to listen to their concerns. What it chooses to do could have a big impact on Cambodia's development for years to come.