Monday, September 5, 2011

Draft of NGOs law under discussing at Legal Team at Council of Minister today (Sept 5, 2011) of Cambodia

Please be informed that Draft of NGOs law is under the hand of council of minister team which were set by Prime Minister to review this draft today Sept 5, 2011. After the team review it, the draft law will be returned to Ministry of Interior (MoI) and after that MoI review it and send to Council of Jurist "LICADHO report".

It believed that this draft law will be soon at plenary session of council of minister. If the plenary session passed this law, it would be sent to National Assembly. It worried that this draft law as very restrictive the freedom of associations. The thousand of organizations will be faced this law. And it is also re-registered again when this law enacted.

This law has a double standard of authority to register as legal entity. In the law of implementation of civil code in article 18 provided authority to ministry of justice to register but in the draft of NGOs law provide authorization to Ministry of Interior.

Another the big challenge is regarding article 13 of draft NGOs law in which is needed all the group of people who want to create NGOs or legal entity shall register. If they failed to register, they cannot do any activities. Therefore, in case, such NGOs don't register and do activities, the local authorities will treat that they do something is illegal.

All NGOs try their best to stuck this law not to be passed. Some organizations do international campaign against this law and asked them to postpone or cancel the AID if the government still want to have such restrictive law. Now Cambodia is applying to be non permanent member of security council at UN. And some NGOs might link this activity to persuade all members of UN to not vote for Cambodia to seat. However Cambodia's application was endorsed or supported by China so everything the Royal Government of Cambodia will get the seat as non permanent member in Security Council of UN.

 Five to Rule Them All: The UN Security Council and the Making of the Modern World

  NGOs in International Law: Efficiency in Flexibility?   

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