Please link this you can download this book: http://www.ohchr.org/EN/AboutUs/CivilSociety/Documents/Handbook_en.pdf
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Welcome all comments on this blog
Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and information regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means.
Wednesday, January 26, 2011
Tuesday, January 25, 2011
A CANADIAN LOOKS AT AMERICAN CONFLICT OF LAW THEORY AND PRACTICE, ESPECIALLY IN THE LIGHT OF THE AMERICAN LEGAL AND SOCIAL SYSTEMS (CORRECTIVE vs DISTRIBUTIVE JUSTICE)
In this article, William Tetley, a McGill University law professor, reviews the theory and
practice of the conflict of laws in the United States, from a Canadian perspective. He notes
the immense debt which the world owes to the “American conflicts revolution”, the creativity
and dynamism of which remain unequalled elsewhere, including Canada. He describes the
five basic approaches to private international law problems which Western society has taken
over the centuries and demonstrates how three of these approaches have informed American
conflicts theory since Joseph Story. He traces the development of various "equity-oriented"
conflict theories which have emerged from the “American conflicts revolution” in the
twentieth century, showing how these theories in turn both reflect and promote the
Aristotelian notion of corrective justice which underlies the American social and legal systems. He next demonstrates how society, substantive law and legal rules and institutions
in the United States are inspired, to a significant degree, by the quest for corrective justice,
while distributive justice, in the Aristotelian sense, is the dominant philosophical basis for
social and legal systems in most other industrialized countries, such as Canada. Noting how
the “litigation explosion” of recent decades in America mirrors and intensifies the quest for
corrective, as opposed to distributive, justice, the author analyzes a sampling of U.S. conflicts
decisions, in which modern U.S. conflict theories have been applied and in which the trend
towards “equity analysis” is increasingly pronounced. Prof. Tetley concludes by
recommending that Canadian jurists become more familiar with American conflict of law
theory and practice, even as Canada pursues its own more recent and quieter conflicts
revolution.
This is a good book for you to read it. Please link this: https://docs.google.com/leaf?id=0B3LzPsPRNUiwMmU1NTEzYmYtZjFhZS00NzQwLWE1OGMtMzU5YzdlNTk5NDlm&hl=en&authkey=CKvpn2M
Welcome all comments on this blog
practice of the conflict of laws in the United States, from a Canadian perspective. He notes
the immense debt which the world owes to the “American conflicts revolution”, the creativity
and dynamism of which remain unequalled elsewhere, including Canada. He describes the
five basic approaches to private international law problems which Western society has taken
over the centuries and demonstrates how three of these approaches have informed American
conflicts theory since Joseph Story. He traces the development of various "equity-oriented"
conflict theories which have emerged from the “American conflicts revolution” in the
twentieth century, showing how these theories in turn both reflect and promote the
Aristotelian notion of corrective justice which underlies the American social and legal systems. He next demonstrates how society, substantive law and legal rules and institutions
in the United States are inspired, to a significant degree, by the quest for corrective justice,
while distributive justice, in the Aristotelian sense, is the dominant philosophical basis for
social and legal systems in most other industrialized countries, such as Canada. Noting how
the “litigation explosion” of recent decades in America mirrors and intensifies the quest for
corrective, as opposed to distributive, justice, the author analyzes a sampling of U.S. conflicts
decisions, in which modern U.S. conflict theories have been applied and in which the trend
towards “equity analysis” is increasingly pronounced. Prof. Tetley concludes by
recommending that Canadian jurists become more familiar with American conflict of law
theory and practice, even as Canada pursues its own more recent and quieter conflicts
revolution.
This is a good book for you to read it. Please link this: https://docs.google.com/leaf?id=0B3LzPsPRNUiwMmU1NTEzYmYtZjFhZS00NzQwLWE1OGMtMzU5YzdlNTk5NDlm&hl=en&authkey=CKvpn2M
Welcome all comments on this blog
Consolidation comment from all NGOs about NGOs law
You can please link this https://docs.google.com/leaf?id=0B3LzPsPRNUiwNjhlMjIzNzYtMTk2Yy00NDY0LTg0MmUtNjFlMzc4NzhhMzUw&hl=en
Welcome all comments on this blog
Welcome all comments on this blog
Sunday, January 23, 2011
កម្រងសំណួរពាក់ព័ន្ធនឹងផ្នែកព្រហ្មទណ្ឌ
សំណួរដកស្រង់ពីសិក្ខាសាលាស្តីពីការអនុវត្តក្រមនីតិវិធីព្រហ្មទណ្ឌកាលពីថ្ងៃ ទី២៧ ខែ សីហា ឆ្នាំ ២០០៩ នៅសណ្ឋាគារ ណាហ្គាវើល
១. នៅពេលដែលមន្ត្រីនគរបាលយុត្តិធម៌ឃាត់ខ្លួនជនសង្ស័យប្រព្រឹត្តបទ ល្មើសដែលកម្រិតនៃការផ្តន្ទាទោសតិចជាង១ឆ្នាំ ដូចជាបទល្មើសប្រើប្រាស់គ្រឿងញៀនបទល្មើសទាក់ទិននឹងល្បែងស៊ីសង ជាដើម តំណាងអយ្យការបានប្រើប្រាស់នីតិវិធីបង្ហាញខ្លួនភ្លាមតាមមាត្រា៤៧ និង មាត្រា០៤ នៃក្រមនីតិវិធីព្រហ្មទណ្ឌ ដោយបញ្ជូនសំណុំរឿងនិងជនសង្ស័យមកតុលាការដើម្បីធ្វើការជំនុំ ជម្រះ និងចេញសាលក្រមផ្តន្ទាទោសភ្លាម។ ប៉ុន្តែ តាមមាត្រា៤៧ នៃក្រមនីតិវិធីព្រហ្មទណ្ឌ នីតិវិធីនេះ អាចប្រើប្រាស់បានក្នុងករណីបទល្មើសត្រូវផ្តន្ទាទោសដាក់ពន្ធ ធានាគារយ៉ាងតិច ១ឆ្នាំ និងយ៉ាងច្រើន ៥ឆ្នាំ។ ម្យ៉ាងវិញទៀត ទោះបីជាចៅក្រមសម្រេចសេចក្តីភ្លាម ក៏ការផ្តន្ទាទោសតិចជាងមួយឆ្នាំ ហើយតុលាការពុំចេញដីកាបង្គាប់ឲ្យឃុំខ្លួនជនជាប់ចោទ ដែលមានវត្តមាននាពេលសវនាការតាមមាត្រា ៣៥៣ នៃក្រមនីតិវិធីព្រហ្មទណ្ឌដែរ។ ក្នុងករណីបែបនេះ តើអយ្យការ និងតុលាការ គួរចាត់ការយ៉ាងដូចម្តេចចំពោះជនជាប់ចោទ (ឃុំខ្លួនបានឬទេ?) ឬក៏ត្រួវដោះលែងជនសង្ស័យ ឬជនជាប់ចោទ ឲ្យត្រឡប់ទៅផ្ទះវិញ?០២- នៅពេលដែលជនល្មើសជាអញ្ញាតជន ចៅក្រមស៊ើបសួរ ត្រូវចេញដីការលើកលែងចោទប្រកាន់តាមមាត្រា ២៤៧ នៃក្រមនីតិវិធីព្រហ្មទណ្ឌ។ ប៉ុន្តែនៅក្នុងសំណុំរឿងខ្លះ នៅមានសេសសល់វត្ថុតាងនៃបទល្មើសដែលតុលាការត្រូវសម្រេច។ តាមនីតិវិធីដែលបានអនុវត្តមុនពេលក្រមនីតិវិធីព្រហ្មទណ្ឌចូលជា ធរមាន តុលាការត្រូវចេញសាលក្រមដើម្បីសម្រេចពីវត្ថុតាង។ តាមក្រមនីតិវិធីព្រហ្មទណ្ឌថ្មីតើតុលាការចាំបាច់ត្រូវចេញសាល ក្រមសម្រេចពីវត្ថុតាងដែរឬទេ បើអញ្ញាតជនត្រូវបានលើកលែងសម្រេចរឹបអូសវត្ថុតាងនៅក្នុងដីការ សម្រេច តើការចាត់ចែងវត្ថុតាង(លក់ឡាយឡុង) អាចធ្វើទៅបានដែរឬទេ ក្នុងករណីអញ្ញាតជន? ចំពោះប្រភេទនៃបទល្មើសខ្លះដូចជា បទល្មើសព្រៃឈើ បទល្មើសនេសាទ ពេលខ្លះសមត្ថកិច្ចចាប់បានវត្ថុតាងប្រព្រឹត្តបទល្មើស តែពុំអាចរកឃើញជនប្រព្រឹត្តបទល្មើសឡើយ។ តាមការអនុវត្តដែលបានធ្វើកន្លងមក តំណាងអយ្យការ បានធ្វើការបញ្ចូនរឿងមកជំនុំជម្រះផ្ទាល់ ដើម្បីចៅក្រមសម្រេចរឹបអូសវត្ថុតាងតាមសាលក្រម។ តើតាមក្រមនីតិវិធីព្រហ្មទណ្ឌថ្មី អយ្យការនិងតុលាការ អាចធ្វើចំណាត់ការបែបនេះបានដែរឬទេ? បើពុំអាចធ្វើបាន តើត្រូវធ្វើតាមនីតិវិធីបែបណា?
០៣- ចំពោះបទល្មើសមជ្ឈឹម ជនត្រូវចោទបានផ្លាស់ប្តូរទីលំនៅ តើចៅក្រមស៊ើបសួរ ចាំបាច់ត្រូវតែចេញដីការបង្គាប់ឲ្យចាប់ខ្លួនជនត្រូវចោទឬទេ មុនពេលបញ្ចប់នីតិវិធីស៊ើបសួរ ប្រសិនបើពុំមានភស្តុតាងណាមួយបញ្ជាក់ពីការគេចវេស ឬរឹងរូសរបស់ជនត្រូវចោទនោះ?
០៤- ក្នុងករណីខ្លះក្រោយពីការស៊ើបសួរចប់សព្វគ្រប់ ចៅក្រមស៊ើបសួរយល់ឃើញថាពុំមានភស្តុតាងដាក់បន្ទុកលើជនត្រូវចោទ ពីបទល្មើស (មជ្ឈឹមឬឧក្រិដ្ឋ) ដែលចោទប្រកាន់ដោយតំណាងអយ្យការទេហើយជនត្រូវចោទ ពុំបានចូលបង្ហាញខ្លួននៅចំពោះមុខចៅក្រមស៊ើបសួរ ដោយមូលហេតុផ្លាស់ទីលំនៅ(ពុំមានភស្តុតាងបញ្ជាក់ពីការគេចខ្លួន )។ ប៉ុន្តែយោងតាមមាត្រា ២៤៦ និងមាត្រា ២៤៧ នៃក្រមនីតិវិធីព្រហ្មទណ្ឌថ្មី នាំឲ្យមានការបកស្រាយថា ចៅក្រមស៊ើបសួរអាចចេញដីការលើកលែងចោទ ប្រកាន់តាមមាត្រា ២៤៧ នៃក្រមនីតិវិធីព្រហ្មទណ្ឌបាន លុះត្រាតែបានបញ្ជូនសំណុំរឿងឲ្យព្រះរាជអាជ្ញាពិនិត្យ និងធ្វើដីកាសន្និដ្ឋានស្ថាពរតាមមាត្រា ២៤៦សិន ទើបបាន។ ក្នុងករណីនេះ នៅពេលដែល ចៅក្រមស៊ើបសួរបញ្ជូនសំណុំរឿងទៅព្រះរាជអាជ្ញាពិនិត្យ ប៉ុន្តែចៅក្រមស៊ើបសួរយល់ឃើញថាពុំមានភស្តុតាងដាក់បន្ទុកលើជន ត្រូវចោទ ជាហេតុធ្វើឲ្យការចេញដីកាបង្គាប់ឲ្យចាប់ខ្លួនពុំមានលក្ខណៈសម ហេតុផល ។ ក្នុងករណីខាងលើ តើចៅក្រមស៊ើបសួរ ត្រូវតែចេញដីកាបង្គាប់ឲ្យចាប់ខ្លួនជនជាប់ចោទឬយ៉ាងណា?
០៥- ប្រសិនបើចៅក្រមស៊ើបសួរ បានបញ្ជូនជនជាប់ចោទទៅជំនុំជំរះ ដោយពុំមានសាវតាជាតិគ្រប់គ្រាន់ ហើយចៅក្រមជំនុំជំរះ បានចេញសាលក្រមរបៀប ចាត់ឲ្យចៅក្រមស៊ើបសួរស្វែងរកសាវតាជាតិតែចៅក្រមស៊ើបសួរពុំ អាចរកឃើញ តើចៅក្រមស៊ើបសួរត្រូវធ្វើដូចម្តេច? តើចៅក្រមស៊ើបសួរ អាចចេញដីកាលើកលែងចោទប្រកាន់បានដែរឬទេ?
០៦-តើសាលក្រមរបៀបណា ដែលអយ្យការអាចប្តឹងឧទ្ធរណ៍បានផ្អែកតាមមាត្រា ៣៨៥ នៃក្រមនីតិវិធីព្រហ្មទណ្ឌ?
០៧- ក្នុងនីតិវិធីបង្ហាញខ្លួនភ្លាម តើសាលក្រមត្រូវធ្វើដូចម្តេច និងសរសេរបែបណា ក្នុងករណីសំណុំរឿងនេះសាំញ៉ាំ?
If you want you to know more, please link: http://www.bakc.org.kh/km/law-questions/4-2010-05-19-02-32-55.html
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Saturday, January 22, 2011
រដ្ឋាភិបាលយល់ព្រមកែសម្រួលចំណុចខ្លះនៃច្បាប់គ្រប់គ្រងអង្គការ
រដ្ឋាភិបាលយល់ព្រមកែសម្រួលចំណុចខ្លះនៃច្បាប់គ្រប់គ្រងអង្គការ
តំណាងអង្គការក្រៅរដ្ឋាភិបាលបានជួបជាមួយមន្ត្រីក្រសួងមហាផ្ទៃ នៅថ្ងៃទី២១ ខែមករានេះ ដើម្បីពិភាក្សាគ្នាអំពីសេចក្ដីព្រាងច្បាប់ស្ដីពីសមាគម និងអង្គការមិនមែនរដ្ឋាភិបាល ដែលតាក់តែងដោយរដ្ឋាភិបាលកម្ពុជា តែត្រូវបានអង្គការមិនមែនរដ្ឋាភិបាលរិះគន់ថា រដ្ឋាភិបាលបានដាក់សម្ពាធលើអង្គការក្រៅរដ្ឋាភិបាល ហើយបានព្យាយាមតវ៉ាសុំឲ្យរដ្ឋាភិបាលកែប្រែចំណុចទាំងនោះវិញ។
លោក សុក សំអឿន នាយកប្រតិបត្តិក្រុមអ្នកច្បាប់ការពារសិទ្ធកម្ពុជា ដែលបានចូលរួមក្នុងកិច្ចពិភាក្សានោះ មានប្រសាសន៍ថា មន្ត្រីក្រសួងមហាផ្ទៃ ដែលជាអ្នកតាក់តែងច្បាប់នេះ បានយល់ព្រមកែសម្រួលចំណុចខ្លះតាមការតវ៉ារបស់មន្ត្រីអង្គការ ក្រៅរដ្ឋាភិបាលមួយចំនួនហើយ។
លោក សុក សំអឿន មានប្រសាសន៍ទៀតថា ៖ «និយាយរួមទៅខាងរដ្ឋាភិបាលគេលើកយកចំណុចដែលអង្គការសមាគមបានស្នើ ឡើងនៅថ្ងៃ១០ (មករា) មកជជែកគ្នាម្ដងមួយៗ។ មានចំណុចច្រើនដែលយើងព្រមព្រៀងគ្នា»។
រដ្ឋាភិបាលបានធ្វើសេចក្ដីព្រាងច្បាប់ស្ដីពីសមាគម និងអង្គការមិនមែនរដ្ឋាភិបាល ហើយបានប្រកាសជាសាធារណៈនៅថ្ងៃទី១៥ ខែធ្នូ ឆ្នាំ២០១០ កន្លងទៅ ដែលមាន ៥៨មាត្រា និង ១១ជំពូក។ ក៏ប៉ុន្តែក្រុមមន្ត្រីមិនមែនអង្គការរដ្ឋាភិបាលបានតវ៉ាថា មានចំណុចជាច្រើនដែលបានចែងក្នុងសេចក្ដីព្រាងនោះដូចជារឹតត្បិត សកម្មភាពរបស់អង្គការមិនមែនរដ្ឋាភិបាលជ្រុលពេក ដូចជាការដាក់កំហិត នៃការចុះបញ្ជី រួមទាំងតម្រូវឲ្យធ្វើរបាយការណ៍ហិរញ្ញវត្ថុរបស់អង្គការជាដើម ដោយក្រុមមន្ត្រីអង្គការក្រៅរដ្ឋាភិបាលអះអាងថា សេចក្ដីព្រាងនេះជាការរើសអើងដល់ក្រុមឯកជនដែលមិនមែនអង្គការ ក្រៅរដ្ឋាភិបាល ដូចជាអ្នកផ្ទុកមេរោគអេដស៍ អ្នកគាំទ្រកីឡា និងសាសនាជាដើម ហើយក្រុមមន្ត្រីអង្គការក្រៅរដ្ឋាភិបាលក៏បានព្យាយាមសុំឲ្យ រដ្ឋាភិបាលកែសម្រួលចំណុចទាំងនោះជាបន្តបន្ទាប់។
ចំណែកភាគីរដ្ឋាភិបាលវិញបានអះអាងថា ការរៀបចំច្បាប់នេះឡើង គឺក្នុងបំណងគ្រប់គ្រងអង្គការក្រៅរដ្ឋាភិបាលឲ្យបានពេញលេញ ព្រោះថា មានអង្គការមួយចំនួនមិនគោរពច្បាប់ ហើយបានបង្កអនាធិបតេយ្យក្នុងសង្គមខ្មែរ ដែលតម្រូវឲ្យក្រសួងត្រូវការត្រួតពិនិត្យឲ្យបានហ្មត់ចត់ ដើម្បីងាយស្រួលចាត់វិធានការតាមច្បាប់។
លោក សុក សំអឿន មានប្រសាសន៍ថា ការតវ៉ាលើកនេះរបស់មន្ត្រីអង្គការក្រៅរដ្ឋាភិបាល ភាគីរដ្ឋាភិបាលហាក់ដូចជាបន្ទន់ជំហរច្រើនជាងមុន ៖ «កន្លងមកយើងស្នើច្រើនចំណុច ច្រើនមាត្រា និយាយរួមទៅណា ក៏ប៉ុន្តែគ្រាន់តែពាក់ព័ន្ធសំខាន់ត្រង់ចំណុចចុះបញ្ជី យើងព្រឹកមិញ (២១ មករា) អូ.ខេ (O.K) ហើយ ហើយពាក់ព័ន្ធក្រុមដែលជាមិនមែនជាអង្គការសមាគមអីហ្នឹង យើងបានជជែកគ្នាហើយ»។
យ៉ាងណាក្ដី លោក សុក សំអឿន បង្ហើបថា កិច្ចពិភាក្សានេះនៅមិនទាន់ចប់នៅឡើយទេ ហើយនៅមានចំណុចសំខាន់ជាច្រើនទៀត ដែលនឹងត្រូវជជែកគ្នាបន្តទៅទៀត ហើយមិនដឹងថា តើភាគីរដ្ឋាភិបាលនឹងយល់ព្រមតាមសំណើររបស់មន្ត្រីក្រៅ រដ្ឋាភិបាលដែរ ឬយ៉ាងនោះទេ៕
http://www.rfa.org/khmer/
Welcome all comments on this blog
តំណាងអង្គការក្រៅរដ្ឋាភិបាលបានជួបជាមួយមន្ត្រីក្រសួងមហាផ្ទៃ នៅថ្ងៃទី២១ ខែមករានេះ ដើម្បីពិភាក្សាគ្នាអំពីសេចក្ដីព្រាងច្បាប់ស្ដីពីសមាគម និងអង្គការមិនមែនរដ្ឋាភិបាល ដែលតាក់តែងដោយរដ្ឋាភិបាលកម្ពុជា តែត្រូវបានអង្គការមិនមែនរដ្ឋាភិបាលរិះគន់ថា រដ្ឋាភិបាលបានដាក់សម្ពាធលើអង្គការក្រៅរដ្ឋាភិបាល ហើយបានព្យាយាមតវ៉ាសុំឲ្យរដ្ឋាភិបាលកែប្រែចំណុចទាំងនោះវិញ។
លោក សុក សំអឿន នាយកប្រតិបត្តិក្រុមអ្នកច្បាប់ការពារសិទ្ធកម្ពុជា ដែលបានចូលរួមក្នុងកិច្ចពិភាក្សានោះ មានប្រសាសន៍ថា មន្ត្រីក្រសួងមហាផ្ទៃ ដែលជាអ្នកតាក់តែងច្បាប់នេះ បានយល់ព្រមកែសម្រួលចំណុចខ្លះតាមការតវ៉ារបស់មន្ត្រីអង្គការ ក្រៅរដ្ឋាភិបាលមួយចំនួនហើយ។
លោក សុក សំអឿន មានប្រសាសន៍ទៀតថា ៖ «និយាយរួមទៅខាងរដ្ឋាភិបាលគេលើកយកចំណុចដែលអង្គការសមាគមបានស្នើ ឡើងនៅថ្ងៃ១០ (មករា) មកជជែកគ្នាម្ដងមួយៗ។ មានចំណុចច្រើនដែលយើងព្រមព្រៀងគ្នា»។
រដ្ឋាភិបាលបានធ្វើសេចក្ដីព្រាងច្បាប់ស្ដីពីសមាគម និងអង្គការមិនមែនរដ្ឋាភិបាល ហើយបានប្រកាសជាសាធារណៈនៅថ្ងៃទី១៥ ខែធ្នូ ឆ្នាំ២០១០ កន្លងទៅ ដែលមាន ៥៨មាត្រា និង ១១ជំពូក។ ក៏ប៉ុន្តែក្រុមមន្ត្រីមិនមែនអង្គការរដ្ឋាភិបាលបានតវ៉ាថា មានចំណុចជាច្រើនដែលបានចែងក្នុងសេចក្ដីព្រាងនោះដូចជារឹតត្បិត សកម្មភាពរបស់អង្គការមិនមែនរដ្ឋាភិបាលជ្រុលពេក ដូចជាការដាក់កំហិត នៃការចុះបញ្ជី រួមទាំងតម្រូវឲ្យធ្វើរបាយការណ៍ហិរញ្ញវត្ថុរបស់អង្គការជាដើម ដោយក្រុមមន្ត្រីអង្គការក្រៅរដ្ឋាភិបាលអះអាងថា សេចក្ដីព្រាងនេះជាការរើសអើងដល់ក្រុមឯកជនដែលមិនមែនអង្គការ ក្រៅរដ្ឋាភិបាល ដូចជាអ្នកផ្ទុកមេរោគអេដស៍ អ្នកគាំទ្រកីឡា និងសាសនាជាដើម ហើយក្រុមមន្ត្រីអង្គការក្រៅរដ្ឋាភិបាលក៏បានព្យាយាមសុំឲ្យ រដ្ឋាភិបាលកែសម្រួលចំណុចទាំងនោះជាបន្តបន្ទាប់។
ចំណែកភាគីរដ្ឋាភិបាលវិញបានអះអាងថា ការរៀបចំច្បាប់នេះឡើង គឺក្នុងបំណងគ្រប់គ្រងអង្គការក្រៅរដ្ឋាភិបាលឲ្យបានពេញលេញ ព្រោះថា មានអង្គការមួយចំនួនមិនគោរពច្បាប់ ហើយបានបង្កអនាធិបតេយ្យក្នុងសង្គមខ្មែរ ដែលតម្រូវឲ្យក្រសួងត្រូវការត្រួតពិនិត្យឲ្យបានហ្មត់ចត់ ដើម្បីងាយស្រួលចាត់វិធានការតាមច្បាប់។
លោក សុក សំអឿន មានប្រសាសន៍ថា ការតវ៉ាលើកនេះរបស់មន្ត្រីអង្គការក្រៅរដ្ឋាភិបាល ភាគីរដ្ឋាភិបាលហាក់ដូចជាបន្ទន់ជំហរច្រើនជាងមុន ៖ «កន្លងមកយើងស្នើច្រើនចំណុច ច្រើនមាត្រា និយាយរួមទៅណា ក៏ប៉ុន្តែគ្រាន់តែពាក់ព័ន្ធសំខាន់ត្រង់ចំណុចចុះបញ្ជី យើងព្រឹកមិញ (២១ មករា) អូ.ខេ (O.K) ហើយ ហើយពាក់ព័ន្ធក្រុមដែលជាមិនមែនជាអង្គការសមាគមអីហ្នឹង យើងបានជជែកគ្នាហើយ»។
យ៉ាងណាក្ដី លោក សុក សំអឿន បង្ហើបថា កិច្ចពិភាក្សានេះនៅមិនទាន់ចប់នៅឡើយទេ ហើយនៅមានចំណុចសំខាន់ជាច្រើនទៀត ដែលនឹងត្រូវជជែកគ្នាបន្តទៅទៀត ហើយមិនដឹងថា តើភាគីរដ្ឋាភិបាលនឹងយល់ព្រមតាមសំណើររបស់មន្ត្រីក្រៅ រដ្ឋាភិបាលដែរ ឬយ៉ាងនោះទេ៕
http://www.rfa.org/khmer/
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FREE MARKET CONTRACT LAW
Introduction:
A Contract Is an Agreement the Law Will Enforce A contract is an agreement the law will enforce. Because contracts are important in the modern world, the law that governs contracts is also important. Unfortunately, contract law can also be complex. So this book explains some general principles of contract law. The book tries to make these principles as easy to understand as it can.
1.1a How This Chapter Works
This first Chapter summarizes some basic aspects of contract law. In doing so, the Chapter actually tries to achieve three different things at once.
First, Chapter 1 is an introduction to this entire book, which is 11 Chapters long. The whole book is designed to be a textbook for a fairly long study of free market contract law, and to be a reference work.
Second, Chapter 1 tries to summarize some basic aspects of contract law. In this regard, Chapter 1 could be used by itself as a textbook for a shorter study of contract law, and as a shorter reference work.
Third, the first part of Chapter 1 tries to concisely summarize some very basic aspects of contract law in an even shorter format. It does this by providing in Section 1.1 a brief introduction to law and contracts, then in
Section 1.2 summarizing Chapter 1 itself! So Sections 1.1-1.2 could be used by themselves as a text for a very short study of contract law, and as a quick reference. These first two Sections also provide a brief overview of the rest of the Chapter and the book.
In its attempt to work on three levels at once, Chapter 1 alternates between introductory material that should help readers understand what follows in the rest of the book, and summary material that tries to provide
readers with an overview of what follows in the rest of the book. Although it may seem a little confusing, this alternating structure is designed to try to address the different needs of a variety of potential readers. The following chart illustrates the structure of Chapter 1.
For more information, please find this book in the book store or contact our group (cambodianlawjournal@gmail.com) that we have soft document in English version.
Welcome all comments on this blog
A Contract Is an Agreement the Law Will Enforce A contract is an agreement the law will enforce. Because contracts are important in the modern world, the law that governs contracts is also important. Unfortunately, contract law can also be complex. So this book explains some general principles of contract law. The book tries to make these principles as easy to understand as it can.
1.1a How This Chapter Works
This first Chapter summarizes some basic aspects of contract law. In doing so, the Chapter actually tries to achieve three different things at once.
First, Chapter 1 is an introduction to this entire book, which is 11 Chapters long. The whole book is designed to be a textbook for a fairly long study of free market contract law, and to be a reference work.
Second, Chapter 1 tries to summarize some basic aspects of contract law. In this regard, Chapter 1 could be used by itself as a textbook for a shorter study of contract law, and as a shorter reference work.
Third, the first part of Chapter 1 tries to concisely summarize some very basic aspects of contract law in an even shorter format. It does this by providing in Section 1.1 a brief introduction to law and contracts, then in
Section 1.2 summarizing Chapter 1 itself! So Sections 1.1-1.2 could be used by themselves as a text for a very short study of contract law, and as a quick reference. These first two Sections also provide a brief overview of the rest of the Chapter and the book.
In its attempt to work on three levels at once, Chapter 1 alternates between introductory material that should help readers understand what follows in the rest of the book, and summary material that tries to provide
readers with an overview of what follows in the rest of the book. Although it may seem a little confusing, this alternating structure is designed to try to address the different needs of a variety of potential readers. The following chart illustrates the structure of Chapter 1.
For more information, please find this book in the book store or contact our group (cambodianlawjournal@gmail.com) that we have soft document in English version.
Welcome all comments on this blog
Thursday, January 20, 2011
Freedom of speech in Cambodia is tried by court on defamation case
- On 18 January, the Kampong Chhnang provincial court opened trial of the defamation case against ADHOC’s provincial coordinator, Sam Chankea. There were many local NGOs, UNOHCR representative, British Ambassador and Japan Embassy representative attended to observe this trial as well. Defense lawyers asked the judge to decide the interlocutory questions, but he denied without a reason. Because the accusation of defamation was based on the statement Chankea made to Radio Free Asia (“The Company’s act of clearing the lands of the villagers is against the law because the ownership case is pending in court awaiting the merits proceedings”) that related to the issue of ownership, which was civil in nature, and defamation was criminal, the court must decide the issue of ownership first before proceeding to the merits (criminal defamation). The judge said that he could not allow the proceedings on interlocutory questions because Chankea was not the owner of the lands.
The evidence presented by villagers was rejected by the judge, saying it was not valid (papers indicating the distribution of lands by local authorities), while the evidence presented by the plaintiff was judged as valid (letter authorized by the provincial governor to clear the lands)
At the end the trial, the trial judge made a conclusion that, “true or untrue”, Chankea must be responsible for his statement because (1) the statement affected the reputation of the Company and (2) statement was made to the international media that has wide coverage. The court will announce its judgment on 25 January next week.
- On January 17, the court pronounced a defamation judgment against two land activist in Kampong Chhnang province. The court ordered Mr. Reach Sema to pay a fine of two million riels and a compensation of eight million riels to KDC Company. Another defendant, Pheng Rom, was acquitted. On January 10, Kampong Chhnang provincial court opened a hearing of a defamation case against Lor Peang community member (Mr. Pheng Rom and Reach Sema). The complaint was filed by KDC International Co. (owned by Minister of Suy Sem’s wife) since May 2010. The reason that the Company filed suit was because both people told a reporter of Radio Free Asia that the Company had cleared people’s lands in April 2010. During the hearing, Mr. Sema was absent. During the trial, the lawyers submitted request to court to order other witnesses and the company representative to attend the court trial, but the court denied immediately and then the lawyers walked promptly out of trial. The were lawyers from ADHOC, LAC, and CDP.
Statement of international Human Rights Defender critics Cambodian Court
KHM 001 / 0111 / OBS 002
Judicial Harassment
Cambodia
January 18, 2011
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Sam Chankea;
ii. Put an end to acts of harassment - including at the judicial level - against him as well as against all human rights defenders in Cambodia;
iii. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, and in particular :
- Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”,
- Article 6 (b) and (c) which states that “Everyone has the right, individually and in association with others, as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms; to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters,
- and Article 12.2 which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.
iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Cambodia.
Addresses:
- Mr. H.E. Ang Vong Vathna, Minister of Justice, No 240, Sothearos Blvd, Phnom Penh, Kingdom of Cambodia, Fax: 023 364119. Email: moj@cambodia.gov.kh
- Mr. Sar Kheng, Deputy Prime Minister and Minister of Interior, Ministry of Interior, 275 Norodom Blvd, Phnom Penh, Kingdom of Cambodia, Fax: + 855 23 212708. Email: moi@interior.gov.kh
- Mr. Hor Nam Hong, Minister of Foreign Affairs, 161 Preah Sisowath Quay, Phnom Penh, Kingdom of Cambodia, Fax: + 855 23 21 61 44 / + 855 23 21 69 39. Email: mfaicasean@bigpond.com.kh
- Ambassador Mr. Sun Suon, Permanent Mission of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, Case postale 213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 788 77 74. Email: cambodge@bluewin.ch***
- Tel and fax FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80
- Tel and fax OMCT: + 41 22 809 49 39 / 41 22 809 49 29
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Tuesday, January 18, 2011
Cambodia – New draft NGO law would severely restrict the work of human rights defenders
The below is statement of Frontline international which has objective to protect human rights defenders in the world.
On 15 December 2010, a new draft Law on Associations and Non-Governmental Organisations (NGOs) in Cambodia was publicly released. The provisions of the draft law are highly restrictive and, if passed, the law could have a severely detrimental impact upon the work of human rights defenders in Cambodia.
The draft law introduces compulsory registration for all NGOs before being allowed to “operate any activity” and imposes burdensome, overly bureaucratic registration requirements on organisations, accompanied by vague provisions which, it is feared, may provide for arbitrary and selective denial of registration and, thus, the criminalisation and/or closure of NGOs and other associations. These provisions would pose particular problems for unregistered grassroots networks, Community-based Organisations (CBOs), and other informal associations who may be unable or unwilling to fulfill the necessary requirements for registration.
Furthermore, the draft bill imposes a duty upon international organisations to “collaborate” with government ministries in the planning, monitoring, implementation and evaluation of their projects. The nature of such “collaboration”, however, is undefined and its necessity unjustified.
It is feared that provisions such as those outlined above, among others contained in the draft law, will severely restrict the freedom and independence of civil society in Cambodia and impede the development and consolidation of a vibrant and democratic political culture. Moreover, the provisions of the draft law are directly contrary to the international human rights norms and standards contained in, inter alia, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Cambodia is party, and the United Nations Declaration on Human Rights Defenders.
Furthermore, while recognising the State's legitimate interest in the regulation of organisations which become legal entities and the prevention of criminal activities, it must be pointed out that such concerns are already adequately addressed by the provisions of existing Cambodian laws and regulations: NGOs may at present obtain legal status through the recently adopted Civil Code, articles 46-118, which provide for the registration of organisations – with less burdensome requirements for doing so – as well as their dissolution; international organisations may also obtain legal status through the adoption of Memoranda of Understanding with the government. The prior existence of such legitimate means of regulating NGOs suggest that the motive for the introduction of the new law is not regulation, but rather the extension of unprecedented and arbitrary government control over the activities of human rights defenders and organisations.
Front Line urges the authorities in Cambodia to:
1. Extend the review process and ensure that an open and thorough consultation is carried out with all relevant local and foreign non-governmental organisations;
2. Guarantee in all circumstances that human rights defenders and non-governmental organisations in Cambodia are free to carry out their legitimate activities in defending and protecting the rights of others, without fear of reprisals and all restrictions, including exclusory registration requirements.
Front Line respectfully reminds you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw you attention to Article 5 (b): “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels:(b) To form, join and participate in non-governmental organizations, associations or groups,” and to Article 13: “Everyone has the
right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means...”.
Yours sincerely,
Mary Lawlor
Director
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On 15 December 2010, a new draft Law on Associations and Non-Governmental Organisations (NGOs) in Cambodia was publicly released. The provisions of the draft law are highly restrictive and, if passed, the law could have a severely detrimental impact upon the work of human rights defenders in Cambodia.
The draft law introduces compulsory registration for all NGOs before being allowed to “operate any activity” and imposes burdensome, overly bureaucratic registration requirements on organisations, accompanied by vague provisions which, it is feared, may provide for arbitrary and selective denial of registration and, thus, the criminalisation and/or closure of NGOs and other associations. These provisions would pose particular problems for unregistered grassroots networks, Community-based Organisations (CBOs), and other informal associations who may be unable or unwilling to fulfill the necessary requirements for registration.
Furthermore, the draft bill imposes a duty upon international organisations to “collaborate” with government ministries in the planning, monitoring, implementation and evaluation of their projects. The nature of such “collaboration”, however, is undefined and its necessity unjustified.
It is feared that provisions such as those outlined above, among others contained in the draft law, will severely restrict the freedom and independence of civil society in Cambodia and impede the development and consolidation of a vibrant and democratic political culture. Moreover, the provisions of the draft law are directly contrary to the international human rights norms and standards contained in, inter alia, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Cambodia is party, and the United Nations Declaration on Human Rights Defenders.
Furthermore, while recognising the State's legitimate interest in the regulation of organisations which become legal entities and the prevention of criminal activities, it must be pointed out that such concerns are already adequately addressed by the provisions of existing Cambodian laws and regulations: NGOs may at present obtain legal status through the recently adopted Civil Code, articles 46-118, which provide for the registration of organisations – with less burdensome requirements for doing so – as well as their dissolution; international organisations may also obtain legal status through the adoption of Memoranda of Understanding with the government. The prior existence of such legitimate means of regulating NGOs suggest that the motive for the introduction of the new law is not regulation, but rather the extension of unprecedented and arbitrary government control over the activities of human rights defenders and organisations.
Front Line urges the authorities in Cambodia to:
1. Extend the review process and ensure that an open and thorough consultation is carried out with all relevant local and foreign non-governmental organisations;
2. Guarantee in all circumstances that human rights defenders and non-governmental organisations in Cambodia are free to carry out their legitimate activities in defending and protecting the rights of others, without fear of reprisals and all restrictions, including exclusory registration requirements.
Front Line respectfully reminds you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw you attention to Article 5 (b): “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels:(b) To form, join and participate in non-governmental organizations, associations or groups,” and to Article 13: “Everyone has the
right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means...”.
Yours sincerely,
Mary Lawlor
Director
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Monday, January 17, 2011
The Function of Law in the International Community: 75 Years After
What was the world like into which Hersch Lauterpacht’s most important book
The Function of Law in the International Community1 appeared?
Fifteen million Americans were out of work as President Roosevelt took office in 1933. A World Monetary and Economic Conference met in the summer to debate a programme of currency stabilization and adjustment
of inter-governmental debts. Even contemporaries understood that this was a ‘Period of Crisis’.2 They were right. 1933 was the year of Hitler’s accession as Reichskanzler and Europe’s defi nite turn to the path of darkness. By now Hitler had been joined by Mussolini who insisted Italy be treated as a Great Power, especially in terms of its colonial designs in Eastern Africa. Japan’s attack on China had led to the establishment of the puppet regime of Manchukuo. Diplomats kept on talking about non-recognition and economic sanctions but with little eff ect. The Soviet Union turned unexpectedly away from the policy of world revolution. In the following year it would join the League where it would become a staunch opponent of “revision”.
The League of Nations was in a bad way. The Manchurian situation had demonstrated the fragility of the Covenant’s collective security provisions.
The Disarmament Conference had been undermined by Hitler’s accession and Japan’s withdrawal. No country had worked more to support the conference than Britain. Against a general atmosphere of hopelessness Prime Minister Ramsay MacDonald suggested in the spring a new draft convention with defi nite levels of material and provision for conference in case of threatened violations of the peace.3
For more information please link to here: http://bybil.oxfordjournals.org/content/79/1/353.full.pdf+html
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The Function of Law in the International Community1 appeared?
Fifteen million Americans were out of work as President Roosevelt took office in 1933. A World Monetary and Economic Conference met in the summer to debate a programme of currency stabilization and adjustment
of inter-governmental debts. Even contemporaries understood that this was a ‘Period of Crisis’.2 They were right. 1933 was the year of Hitler’s accession as Reichskanzler and Europe’s defi nite turn to the path of darkness. By now Hitler had been joined by Mussolini who insisted Italy be treated as a Great Power, especially in terms of its colonial designs in Eastern Africa. Japan’s attack on China had led to the establishment of the puppet regime of Manchukuo. Diplomats kept on talking about non-recognition and economic sanctions but with little eff ect. The Soviet Union turned unexpectedly away from the policy of world revolution. In the following year it would join the League where it would become a staunch opponent of “revision”.
The League of Nations was in a bad way. The Manchurian situation had demonstrated the fragility of the Covenant’s collective security provisions.
The Disarmament Conference had been undermined by Hitler’s accession and Japan’s withdrawal. No country had worked more to support the conference than Britain. Against a general atmosphere of hopelessness Prime Minister Ramsay MacDonald suggested in the spring a new draft convention with defi nite levels of material and provision for conference in case of threatened violations of the peace.3
For more information please link to here: http://bybil.oxfordjournals.org/content/79/1/353.full.pdf+html
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Friday, January 14, 2011
View of US Government on Draft NGO Law in Cambodia
Taken Question
Question: Has the government of Cambodia started to make laws that place limits on NGOs operating in country? What sort of limits? How is this affecting NGO programs?
Answer: The United States has serious concerns about the law as drafted and strongly opposes the enactment of any law that would constrain the legitimate activities of NGOs. We urge the Royal Government of Cambodia to consult closely with NGOs and other stakeholders on the substance of the draft law, and to reconsider whether such a measure is even necessary. The United States believes that a strong and free civil society is vital to strengthening democratic institutions, enhancing economic and humanitarian well-being, and promoting a sustainable economy. In Cambodia, as in many other countries, NGOs and other civil society organizations make critical contributions in these areas.
More information please link to http://www.state.gov/r/pa/prs/ps/2011/01/154323.htm
Office of the Spokesman
Washington, DC
January 12, 2011
Question: Has the government of Cambodia started to make laws that place limits on NGOs operating in country? What sort of limits? How is this affecting NGO programs?
Answer: The United States has serious concerns about the law as drafted and strongly opposes the enactment of any law that would constrain the legitimate activities of NGOs. We urge the Royal Government of Cambodia to consult closely with NGOs and other stakeholders on the substance of the draft law, and to reconsider whether such a measure is even necessary. The United States believes that a strong and free civil society is vital to strengthening democratic institutions, enhancing economic and humanitarian well-being, and promoting a sustainable economy. In Cambodia, as in many other countries, NGOs and other civil society organizations make critical contributions in these areas.
More information please link to http://www.state.gov/r/pa/prs/ps/2011/01/154323.htm
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Debate urged on NGO law
Four civil society umbrella organisations have urged the government to make Monday’s consultation the beginning – rather than the end – of public debate on its controversial draft NGO law.
In a statement on Wednesday, the Cooperation Committee for Cambodia, NGO Forum, Medicam and the Cambodian Human Rights Action Committee – representing more than 400 local and international NGOs working in Cambodia – called on the government to incorporate their recommendations into the law.
It also requested the establishment of a joint government-civil society working group to make further revisions.
“Our aim is to have a law that is enabling for us rather than a law that would restrict operations and also our ability to serve the people,” said CCC executive director Lun Borithy.
The groups delivered a statement and summary report of recommendations on Wednesday to the ministries of interior and foreign affairs, he said.
The report includes a host of proposals that amount to considerable changes to the law.
The groups called for registration requirements to be simplified and incorporate registration provisions from the 2007 Civil Code.
It also added that associations and small organisations should be excluded from the scope of the law.
Reporting requirements should be scaled according to an organisation’s size, the report added.
Suspension and dissolution of NGOs should also proceed in accordance with an organisation’s charter, the Civil Code and donor requirements.
“We want those recommendations to be reflected into the current draft and a second draft to be shared with us,” Lun Borithy said.
Phay Siphan, spokesman for the Council of Ministers, said the government has “no position” on the proposals as yet.
The ministries of interior and foreign affairs, which co-authored the draft, will meet to discuss the issue but “don’t have any schedule yet to make a decision on that”, he added.
More information please link to http://www.phnompenhpost.com/index.php/2011011346070/National-news/debate-urged-on-ngo-law.html
Welcome all comments on this blog
In a statement on Wednesday, the Cooperation Committee for Cambodia, NGO Forum, Medicam and the Cambodian Human Rights Action Committee – representing more than 400 local and international NGOs working in Cambodia – called on the government to incorporate their recommendations into the law.
It also requested the establishment of a joint government-civil society working group to make further revisions.
“Our aim is to have a law that is enabling for us rather than a law that would restrict operations and also our ability to serve the people,” said CCC executive director Lun Borithy.
The groups delivered a statement and summary report of recommendations on Wednesday to the ministries of interior and foreign affairs, he said.
The report includes a host of proposals that amount to considerable changes to the law.
The groups called for registration requirements to be simplified and incorporate registration provisions from the 2007 Civil Code.
It also added that associations and small organisations should be excluded from the scope of the law.
Reporting requirements should be scaled according to an organisation’s size, the report added.
Suspension and dissolution of NGOs should also proceed in accordance with an organisation’s charter, the Civil Code and donor requirements.
“We want those recommendations to be reflected into the current draft and a second draft to be shared with us,” Lun Borithy said.
Phay Siphan, spokesman for the Council of Ministers, said the government has “no position” on the proposals as yet.
The ministries of interior and foreign affairs, which co-authored the draft, will meet to discuss the issue but “don’t have any schedule yet to make a decision on that”, he added.
More information please link to http://www.phnompenhpost.com/index.php/2011011346070/National-news/debate-urged-on-ngo-law.html
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Wednesday, January 12, 2011
Consolidated Summary of Recommendations from Discussion Group Presentations at the National Consultation on January 10, 2011
11th January 2011
NGO Law Task Team
Commissioned by
Cooperation Committee for Cambodia (CCC)
1. Introduction
The Royal Government of Cambodia (RGC) organized the National Consultation on the draft Law on NGOs and Associations in Cambodia (draft NGO Law) on January 10, 2011. This report summarizes the comments and recommendations from the four breakout Discussion Groups.
2. Summary of general recommendations
The key issues raised in the Discussion Groups are as follows:
2.1 Joint Working Group: All discussion groups firmly recommended the creation of a Joint Working Group, comprised of the RCG and Civil Society representatives to engage in additional consultation after the January 10 National Consultation. Such a mechanism is critically important to ensure further constructive dialogue to achieve greater clarity and mutual understanding on process and contents of the draft law and to avoid any unintended consequences of the law.
2.2 Registration and Re-Registration: All four discussion groups recommended that the procedure for registration of associations and domestic NGOs be simplified and incorporate the Civil Code provisions on registration. In addition, registration should be voluntary for associations and small groups that come together to work on common issues. Finally, the discussion groups recommended that a provision to require the government to notify organizations of re-registration be incorporated.
2.3 Suspension and dissolution: The discussion groups recommended that suspension and dissolution as well as distribution of properties be made consistent with the organization’s charter, donor requirements and provisions of the Civil Code. In addition, a written warning system for violations should be incorporated.
2.4 Reporting: The discussion groups recommended the incorporation of a system of reporting that takes into consideration the size and budget of the organization. The system could include an exemption for smaller organizations; a simple template for mid-sized organizations; and a more detailed requirement for those organizations with sizable staff and budgets.
2.5 Glossary and Explanatory Notes: The discussion groups recommended clarification on various terms and legal context and therefore, recommended that the law incorporate a Glossary of Terms at the end of the law as well as Explanatory Notes in every article.
3. TABLE: Specific recommendations
| Recommendations | G1 | G2 | G3 | G4 | |
| Article 3: Scope | -Exclude Associations and small groups. | | a | | |
| Article 4: Definitions | -Define small group associations. | | a | | |
| Article 6: Prohibiting Provisions | -The right to register should be voluntary for Associations. Registering would give the organization non-profit status that would allow it to receive benefits such as tax deductions and protection under the law. - Currently registered organizations that have submitted applications to re-register should receive provisional approval to conduct activities, which would be revoked only if their re-registration application is denied by the MoI. | a a | | | a |
| Article 8: Conditions of Formation of Association | -Decrease the required members and leaders. -Amend article to eliminate the nationality requirement for founding members and to ensure that everyone (i.e., all individuals within the state’s territory and subject to its jurisdiction) is eligible to form associations. -Include female representatives up to 40%. | a a a | a | a | |
| Article 9: Conditions of Formation of Domestic Non-Governmental Organization | -Amend article to eliminate the nationality requirement for founding members and to ensure that everyone (i.e., all individuals within the state’s territory and subject to its jurisdiction) is eligible to form domestic NGOs. | a | | | |
| Article 10: Charter of an Association and Domestic Non-Governmental Organization | -Simplify the registration process in accordance with the Civil Code provisions on registration. -Clarify what constitutes an association. | a | | | a a |
| Article 13: Determination of Excise Fees for Registration | -Clarify costs according to the size and scale of NGO with a “Fee Schedule” that varies with size and budget. | | a | a | |
| Article 14: Documents for Registering an Association | - Reduce documentation requirements in accordance with the Civil Code. -Create a tiered registration for registered Associations, with opportunity to register at a local level. -Clarify the requirement that leaders provide a “profile.” - The requirement for a letter stating the address of the association’s central office, recognized by the Commune or district chief should be revised so that the Ministry of Interior should notify the commune or district chiefs. | a a a a | a | | a a |
| Article 15: Documents for Registering a Domestic Non-Governmental Organization | -Change this requirement to a letter disclosing the funds that the organization will deposit in a recognized bank within 30 days of registration. -Delete the requirement of bank letter. | a | a | a | a |
| Article 17: Examination of the Application and Response | - Add clear and limited list of grounds for denial of registration. - Include provision that if Ministry fails to reach a determination within the required time frame, the application is deemed approved. | a a | | a | a |
| Article 18: Rectification on the Contents and Response | -Specify legal criteria on which applications will be evaluated. -Provide for right of appeal of denial of registration application. -Change to “45 working days” | a a a | a | a | a a |
| Article 21: Conditions for Formation of Alliances of Associations or Domestic Non-Governmental Organizations | -Clarify the definition of “Alliance” -Clarify that an alliance need not be registered if two NGOs wish to work together on an issue of common concern. -Create a tiered registration for registered Alliances, with opportunity to register at a local level. -Modify provison so that international organizations can form alliances with domestic organizations. | a a | | a | a a a a |
| Article 23: Documents for Registering an Alliance of Associations or Domestic Non-Governmental Organizations | -Registration of Alliances should be voluntary, as member organizations have already fulfilled the registration requirements. -- Change the requirement that a letter disclosing the funds deposited in a recognized bank to: “a letter disclosing the funds that the organization will deposit within 30 days of registration.” -Profile should be required of only Director. -Same concerns as in Article: 14 and 15 | a a a | | | a |
| Article 27: Collaboration Between Associations and Domestic Non-Governmental Organizations | -Clarify that associations and NGOs that do not want to form an alliance may nonetheless still work together on issues of common concern. -The requirement that MoI be notified when associations or NGOs collaborate should be eliminated. - Clarify whether it is possible for domestic and foreign NGOs to form Alliances. -Delete this Article | a a | a | a a a | a a a |
| Article 30: Documents for Requesting a Memorandum Agreement to Be Submitted by Foreign Non-Governmental Organizations | - Clearly define “administrative costs” -Change “budget equivalent” to “estimated budget” to streamline with current Memorandum of Understandings. - Change the requirement that a letter disclosing the funds deposited in a recognized bank to: “a letter disclosing the funds that the organization will deposit within 30 days of registration.” - Eliminate the requirement that notice be given of all staff changes. If deemed necessary, the requirement should be amended so that it only applies to changes to management or other key decision-makers. - Amend to require that applicants have an address, but not necessarily a central office. -Instead of collaborating with the Ministry, foreign NGOs should be only required to have an agreement with domestic NGO partner. -Sub decree issued by Ministry or relevant institution to support the program within 10 days after application. | a a a a a | | a | a a a a a |
| Article 32: Examination on the Contents of the Documents and Response | - Add clear and limited list of grounds for denial of registration. - Include provision that if Ministry fails to reach a determination within the required time frame, the application is deemed approved. -Same recommendations as in Article: 17 | a | | a | a a |
| Article 36: Collaboration Between Foreign Non-Governmental Organizations and Relevant Ministries, Institutions or Authorities | - Need to clarify “collaboration”. -Change “collaboration” to “inform” -Delete this article | a | | | a a |
| Article 37: Initial Validity of a Memorandum and Request for Extension | - Amend article to remove re-registration requirement for foreign NGOs. Or change the length to 3-5 years. | | | | a |
| Article 38: Resources and Properties of Associations or Domestic Non-Governmental Organizations. | -Add to the list of potential resources, “governments” and “The Cambodian Government” | | | a | |
| Article 39: Resources, Properties and Budget of Foreign Non-Governmental Organizations for Aid Projects or Programs Implementation | -Increase the percentage to 30% of total budget or delete. | | | a | |
| Article 42: Rights and Interests of Non-Governmental Organizations | -Clarify tax and other benefits to registered organizations | | | | a |
| Article 44: Changing of Names and Logos, Amendment of Organizational Charter, Moving of Offices; Rotation, Termination, Dismissal or Removal of Staff, Members, Presidents or Leaders of Associations or Non-Governmental Organizations | - Eliminate the requirement that notice be given of all staff changes. If deemed necessary, the requirement should be amended so that it only applies to changes to management or other key decision-makers. | a | | a | a |
| Article 46: Annual Reports of Associations or Domestic Non-Governmental Organizations or Alliances of Associations and Domestic Non-Governmental Organization | - Propose to move the date to end of March or April, not January. - Revise article to clarify the reporting obligations of domestic associations/NGOs and alliances; consider a graduated reporting requirement that would exempt smaller organizations from reporting, or at least simplify their reporting obligation. Also, base reports on donor reporting requirements. -Add that the organization will receive a receipt upon submission of report. | a a a | a a | a a | a a |
| Article 47: Archive of Annual Reports of Associations or Non-Governmental Organizations or Alliances of Associations or Domestic Non-Governmental Organizations | -Reduce requirement to 3 years | | | a | |
| Article 48: Competency to Examine Financial Reports and Properties of Non-Governmental Organizations and Alliances of Association and Domestic Non-Governmental Organizations | -Include procedures/guidelines for audit such as, two- weeks advance notice of the audit and the requirement to conduct the inspection during regular business hours. -Should be conducted by an independent auditor. | a | a | a a | a |
| Article 49: Activity Postponement or Dissolution of the Association or Domestic Non-Governmental Organization or Alliance of Associations or Domestic Non-Governmental Organizations. | - Refer to Civil Code Articles 64-65 for guidelines on dissolution of entities. -Provide criteria for evaluating whether postponement or dissolution should be imposed. -Provide opportunity for appeal. | a a a | | a a a | a |
| Article 50: Activity Postponement or Memorandum Termination of Foreign Non-Governmental Organizations | -Same concerns and issues in Article 49. | a | | a | |
| Article 52: Distribution of Resources and Properties in Case of Dissolution or Memorandum Termination Through the Court’s Final Judgment | -In all instances of dissolution, distribution of assets should be in accordance with organization’s charter and donor guidelines. | a | | a | |
| Article 53: Act of Violation of Article 46 | - The penalties for foreign NGOs should be reduced to the less severe penalties applied to domestic organizations. -Incorporate a written warning system for violations. | a a | | a | a |
| Article 54: Act of Violation of Charter or Memorandum | - Remove the term “serious case” -Incorporate a warning system for violations. -Alternatives to criminal sanctions should be provided for, including the revocation of the CSO’s registration, and fines. | a a a | | | a |
| Article 55: Re-registration of Associations and Domestic Non-Governmental Organization or Alliances of Associations or Domestic Non-Governmental Organization | -Include a requirement that the government provides notice of the duty to reapply. - Clearly define the basis on which MoI may deny a renewal application. - Limiting the time MoI has to decide on the renewal application to 45 days, just as is provided for the review of initial registration applications. -If an organization is in the process of re-registering, they can continue their activities during the process. -If there are no changes in an organization’s application to re-register, then the organization should only be required to notify the Ministry. -Re-registration should be open for 6 months. | a a a a a | | a a | a |
| | -Incorporate a Glossary of Terms -Develop explanatory notes for every article | a a | a a | a a | a a |
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