Government makes U-turn on NGO law

FRIDAY, 28 OCTOBER 2011 12:07

SEN DAVID AND VINCENT MACISAAC

The most contentious point in the draft law on associat-ions and NGOs – mandatory registration – is gone, a Ministry of Interior official announced at a conference on aid effectiveness yesterday morning. 
The ministry’s deputy director of political affairs, Mey Narath, also said  the draft had been simplified.

“We cancelled many articles. Now we just have 38 articles and 10 chapters, down from 11 chapters and 58 articles before,” he said. 

Soeung Saroeun, head of programs at the Co-operation Committee for Cambodia, said he was told last night that the decision to amend the draft law – which had sparked alarm that the government would use it to silence its critics –  “came from the top leadership”. 

The ministers of interior and foreign affairs would also invite representatives of civil society to meet with them or their secretaries of state by the middle of next month to discuss the fourth draft of the law, Soeung Saroeun said.

A joint statement from the CCC and the NGO Forum, however, expressed a level of wariness about the government’s apparent change of heart.

“We will remain cautious until we see the fourth draft in writing. Mandatory registration must be removed for all civil-society groups, not just certain organisations,” the joint statement said.

Soeung Saroeun said registration might still be mandatory for groups that wanted to be a legal entity.

CCC executive director Lun Bority said he was waiting for a copy of the fourth draft so he could carefully examine its language. “Is it a real change or a political move?” he asked.

Caroline McCausland, country director of Action Aid, was more optimistic, calling the dropping of mandatory registration “the most significant and most positive development” in the draft law. 

“Cambodia wants to have a better standing on the international stage. It’s excellent timing,” McCausland said, pointing to the global meeting in Busan, South Korea, next month on aid effectiveness. 

She said Cambodia had made significant progress on implementing commitments  for better aid effectiveness based on “democratic ownership of development” agreed to at previous global meetings.
“I honestly believe they are showing that they value civil society.

“It’s fitting that this announcement came at a conference about ensuring effectiveness and accountability in development programs,” Chhith Sam Ath, executive director of NGO Forum on Cambodia, said.

“Civil society organisations must have an enabling environment if they are to be effective and accountable. The removal of mandatory registration  will help ensure that such an environment continues to exist in Cambodia.”

Other NGO staff and donor representatives said they believed the government has been “genuinely surprised” and “caught off guard” by the intense advocacy, within Cambodia and globally, against the legislation.

This has included lobbying pressure applied by donors who fund about half the government’s budget.

Soeung Saroeun suggested as much, saying the government had realised that the legislation – which threatened to alienate donors and undermine its development partners – would ultimately be self-defeating. 

“This government relies on funding from donors,” he said.

Recruitment Agencies Still Sending Maids to Malaysia, Two Days after Prime Minister Signs Ban Order

Released by Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

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Women recruited by Top Manpower agency were still sent to Malaysia two days after Prime Minister Hun Sen signed an order suspending the sending of Cambodian migrant workers to Malaysia

October 17, 2011 - Cambodian recruitment agencies continued to send domestic workers to Malaysia on Monday morning, despite the Prime Minister's written order on Saturday imposing a complete ban on the practice.

LICADHO monitors at Pochentong Airport observed at least 25 Cambodian maids checking in for an Air Asia flight AK 273 to Kuala Lumpur on the morning of October 17, 2011. The maids were identifiable by their short haircuts and shirts, which were emblazoned with the name of their recruitment agency. LICADHO monitors also confirmed the women's destination by speaking to recruitment agency staff who accompanied the women.

The maids were from two separate agencies: 18 from IIS Co., Ltd., and seven from Top Manpower. The head of the latter company is also the chairman of the Association of Cambodian Recruitment Agencies (ACRA), a coalition of prominent labor export firms. ACRA's Web site states that the group "has a strong commitment to ... social responsibility and sustainability of oversea employment professional in Cambodia" and also seeks to "promote a safe migration for Cambodians ... going to work abroad [sic]."

"While we applaud the Prime Minister's public announcement of the ban on Friday, it seems that some recruitment agencies think that it doesn't apply to them," said LICADHO Director Naly Pilorge. "The ban needs to be properly enforced. The order is clear: Sending Cambodian maids to Malaysia is prohibited, period."

A staff member from Top Manpower claimed that the women who departed on Monday were exempt from the ban because they signed contracts for employment before the ban was signed. The same staff member said that recruits from his company who were currently "in training"would also be exempt from the ban, because they too had already signed contracts.

"It is clear that these agencies have no intention of complying with the ban at this moment," said LICADHO Director Naly Pilorge. "They plan to empty out their recruitment centers and ensure returns on their 'investments.' Once again these women are being treated like chattel."

LICADHO believes that the women who are currently in recruitment centers should be sent back to their homes, not to Malaysia. The ban was ostensibly enacted because the Cambodian government no longer considered Malaysia to be a safe destination for its citizens. The fact that they already signed contracts doesn't make the destination any safer. The recruitment agencies' "pre-existing contract" argument is flawed, and runs contrary to the spirit of the ban.

"The burden of this ban should be placed on the companies' shoulders, not on poor women who need to be protected from being sent to an abusive environment," added LICADHO Deputy Director Ham Sunrith.

LICADHO calls upon the authorities to properly and fully enforce the Prime Minister's order, without exception. Most critically, the immigration police should be put on alert, so that easily identifiable groups of agency recruits are not allowed to leave the country.

"A ban is a ban,"said Director Naly Pilorge."Not a single Cambodian citizen should be sent to Malaysia until proper safeguards are in place to protect labor migrants, and until the Cambodian Government lifts the ban. "

For more information, please contact:
• LICADHO Director Naly Pilorge, 012 803 650
• LICADHO Supervisor Am Sam Ath, 012 327 770


Download full statement (PDF;English)
មើលសេចក្តីថ្លែងការណ៍ជាភាសាខ្មែរ (PDF;Khmer)

LICADHO Report Documents Cambodia's Legislative Assault on Speech

Released by Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

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October 26, 2011 - Five Cambodian laws proposed or enacted since 2008 include dangerously vague or oppressive provisions that undermine freedom of expression and other fundamental freedoms, according to a new report from LICADHO.

The report titled, "The Delusion of Progress: Cambodia's Legislative Assault on Expressive Rights," analyzes provisions in five laws that improperly restrict - or threaten to restrict - fundamental expressive freedoms: the new Penal Code, the Anti-Corruption Law, the Law on Associations and NGOs (LANGO), the Law on Peaceful Assembly (the Demonstrations Law), and the Law on Unions of Enterprises (the Trade Union Law).

The report also offers dozens of examples of how the laws have been misapplied and abused in the past year. Overall, the analysis reveals a disturbing trend: new legislation is deliberately drafted and used as a weapon to silence those who speak out against the political and financial elite. In other words, Cambodia's recent flurry of new legislation is not a sign of progress; it's a sign of a regression.

"Vague legislation targeting freedom of expression is typical of governments which rule by the force of fear, rather than by the force of law," said Pilorge Naly, Director of LICADHO. "Rule of law requires clarity and fairness in the legal system. Cambodia still lacks both of these elements."

Under Cambodian and international law, restrictions on free expression must meet strict tests of "necessity and proportionality." Limitations on free speech are permissible only when they are absolutely necessary, and there must be no viable alternatives. But the case studies presented in the report illustrate that necessity and proportionality tests are routinely ignored.

The examples of defamation and incitement prosecutions documented in the report are particularly alarming. Twelve people, including a LICADHO staff member, are currently serving lengthy prison sentences for allegedly distributing political leaflets. All were convicted of incitement under the new penal code, which criminalizes, among other things, speech that disturbs public stability.

Courts and prosecutors have seized upon the incitement provision's vague language to bring charges for blatantly political purposes. In one case, a UN World Food Program staffer was sentenced to six months imprisonment in late 2010 after he was convicted of incitement for sharing printouts from KI-Media, an opposition-aligned blog, with his co-workers. More recently, a Cambodian NGO was accused of incitement and suspended by the government shortly after publishing a report critical of government efforts to resettle families affected by Cambodia's railway rehabilitation project.

"Safeguarding a grip on power is not the same as protecting public order," said Am Sam Ath, Monitoring Supervisor. "Limitations on free speech must be narrowly tailored to preventing serious, specific harms, otherwise they threaten to wipe out the right to free speech altogether."

The report also examines the government's justifications for new draft laws. For example, the government frequently cites the supposed number of NGOs in Cambodia - up to 3,000, though this number is probably inflated - as one reason for pushing forward with the LANGO. But on a per capita basis, the number of NGOs in Cambodia is not particularly high.

India, for example, has an estimated 3.3 million civil society organizations, or one for around every 350 to 400 citizens. Meanwhile, in the United States, some 1.6 million non-profit organizations were registered with the Internal Revenue Service in 2011. That works out to approximately one organization for every 200 Americans. By contrast, Cambodia has approximately one organization per 5,000 citizens. In other words, the U.S. has about 26 times more non-profit organizations than Cambodia on a per capita basis.

"The government has advanced many questionable rationalizations for the LANGO, but none more insidious than this," said Pilorge Naly. "It has become conventional wisdom that Cambodia is being overrun by meddling NGOs, and that they need to be 'controlled' in some way. But the data simply does not bear that assertion out."

The report is accompanied by a web supplement, which offers direct links to most of the laws analyzed in the report and highlights recent public statements that could be construed as crimes under those laws. The statements come from sources ranging from the European Parliament, to UN Special Rapporteurs, to Cambodian government officials themselves, and reveal the stunning scope of Cambodia's legislative crackdown on free speech.

The supplement can be found at: http://www.licadho-cambodia.org/delusion2011/.

For more information, please contact:
• Mr. Ham Sunrith, LICADHO Deputy Director of Monitoring & Protection, 012 988 959
• Ms. Pilorge Naly, LICADHO Director, 012 803 650


Download full statement (PDF;English)
មើលសេចក្តីថ្លែងការណ៍ជាភាសាខ្មែរ (PDF;Khmer)

COMMENTS AND LEGISLATIVE RECOMMENDATIONS: THE DRAFT LAW ON PRISONS

October 19, 2011 - Cambodia's draft prison law is set to go before the National Assembly in the next two weeks. This briefing paper is meant to serve as a guide for the National Assembly as it debates the laws, by highlighting the current draft's flaws and making recommendations for improvement.

Overall, the draft is a positive step for Cambodia’s prison system, but it falls short of fully protecting prisoners’ rights in several key respects. Among the most alarming provisions is Article 71, which authorizes the use of prison labor for private enterprise. Both Cambodian and international law forbid the use of prison labor for the benefit of private individuals in most circumstances. Vagueness is also a problem in many areas of the draft. While the law makes broad pronouncements in areas such as sanitation, prison discipline, cell space and recreation, it fails to provide benchmarks or minimum standards in these areas. The law also fails to provide sufficient protective mechanisms in areas such as prison discipline and prison grievances, and places improper limits on public advocacy related to prison issues.

The law also does little or nothing to address core problems which have been well-documented for over a decade, such as requiring prison visitors to pay bribes and the rampant commodification of basic prison amenities, from clean water to sleeping space.


The National Assembly is preparing to vote on the Cambodia's new Law on Prisons, which will serve as the Kingdom's primary legal authority on the prison system . Cambodia's prisons have previously operated without a proper prisons code, though an assortment of prakas, sub-decrees and internal guidelines do exist. 

LICADHO has reviewed a draft of the law, and believes that it is a positive step toward imposing stability and uniformity in Cambodia's prison system. However, LICADHO also believes that the law falls short in several key areas. This briefing paper summarizes LICADHO's most serious concerns, and is meant to serve as a guide for the National Assembly as it debates the law this week. 


Please link the original source to download LICADHO comment: http://licadho-cambodia.org/reports.php?perm=161&pagenb=&filter=-1

អ.ស.ប.​ព្រមាន​កម្ពុជា​កុំ​ឲ្យ​ជ្រៀតជ្រែក​សំណុំ​រឿង ០០៣ និង ០០៤

ដោយ យន់ សាមៀន

2011-10-21

មន្ត្រី​ផ្នែក​ច្បាប់ និង​អគ្គលេខាធិការ​រង​នៃ​អង្គការ​សហប្រជាជាតិ (អ.ស.ប.) អ្នកស្រី ប៉ាទ្រីស៊ីយ៉ា អូប្រាយអេន កាល​ពី​ថ្ងៃ​ទី​២០ តុលា បាន​ព្រមាន​រដ្ឋាភិបាល​មិន​ឲ្យ​ធ្វើ​សេចក្ដី​ថ្លែងការណ៍​ជំទាស់​ដល់​ដំណើរ​ការ​នាំ​ខ្លួន​ជនសង្ស័យ​បន្ថែម​មក​កាត់​ទោស​ករណី ០០៣ និង ០០៤។

Photo courtesy of ECCC

សាលាក្ដី​ខ្មែរ​ក្រហម​បើក​សវនាការ​ដើម្បី​ពិនិត្យ​កាយ​សម្បទា និង​ស្មារតី​របស់​ជន​ជាប់ចោទ​ពីរ​រូប​នៅ​ក្នុង​សំណុំ​រឿង​ ០០២ គឺ​លោក នួន ជា និង​អ្នក​ស្រី អៀង ធីរិទ្ធ កាល​ពី​ថ្ងៃ​ទី​២៩ សីហា ឆ្នាំ​២០១១។

អង្គការ​សហប្រជាជាតិ​កាល​ពី​ថ្ងៃ​ព្រហស្បតិ៍ ទី​២០ តុលា បាន​ហាមឃាត់​មន្ត្រី​រដ្ឋាភិបាល​មិន​ឲ្យ​និយាយ​ប៉ះពាល់​ដល់​កិច្ចការ​របស់​តុលាការ​ខ្មែរ​ក្រហម ជា​ពិសេស​ករណី ០០៣ និង ០០៤ ដែល​មាន​ជន​សង្ស័យ​បន្ថែម​ចំនួន ៥​នាក់ ដែល​អាច​នឹង​ត្រូវ​នាំ​ខ្លួន​មក​កាត់​ទោស​បន្ថែម។

សេចក្ដី​ថ្លែងការណ៍​របស់​សាលាក្ដី​ខ្មែរ​ក្រហម កាល​ពី​ថ្ងៃ​ព្រហស្បតិ៍ បញ្ជាក់​ថា មន្ត្រី​ផ្នែក​ច្បាប់ និង​អគ្គលេខាធិការ​រង​នៃ​អង្គការ​សហប្រជាជាតិ អ្នកស្រី ប៉ាទ្រីស៊ីយ៉ា អូប្រាយអេន(Patricia O’ Brien)  បាន​ប្រាប់​លោក សុខ អាន រដ្ឋមន្ត្រី​ទីស្ដីការ​គណៈរដ្ឋមន្ត្រី ហាម​ឃាត់​មិន​ឲ្យ​មន្ត្រី​រដ្ឋាភិបាល​ធ្វើ​សេចក្ដី​ថ្លែងការណ៍​ណា​មួយ​ប៉ះពាល់​ដល់​ដំណើរ​ការ​សាលាក្ដី​ខ្មែរ​ក្រហម ជា​ពិសេស ០០៣ និង ០០៤ និង​ដំណើរការ​យុត្តិធម៌​ ផ្សេងៗ​ទៀត។

អ្នកស្រី​បញ្ជាក់​ថា រដ្ឋាភិបាល​មាន​តួនាទី​សហការ​នឹង​សាលាក្ដី​ខ្មែរ​ក្រហម សម្រាប់​ដំណើរ​ការ​កាត់​ទោស​ជន​សង្ស័យ។

ដំណើរ​ទស្សនកិច្ច​របស់​អ្នកស្រី មន្ត្រី​ផ្នែក​ច្បាប់ និង​អគ្គលេខាធិការ​រង​នៃ​អង្គការ​សហប្រជាជាតិ​នៅ​កម្ពុជា ធ្វើ​ឡើង​បន្ទាប់​ពី​សហ​ចៅក្រម​ស៊ើប​អង្កេត​សាលាក្ដី​ខ្មែរ​ក្រហម លោក ស៊ីកហ្រី្វដ ប៊្លុង (Siegfried Blunk) បាន​លាលែង​ពី​តំណែង​របស់​លោក កាល​ពី​ថ្ងៃ​ទី​១០ ខែ​តុលា។ លោក ប៊្លុង បាន​បញ្ជាក់​ពី​មូលហេតុ​នៃ​ការ​លាលែង​របស់​លោក​ថា កាល​ពី​ខែ​ឧសភា ឆ្នាំ​២០១១ លោក ខៀវ កាញារីទ្ធ រដ្ឋមន្ត្រី​ក្រសួង​ព័ត៌មាន​បាន​អះអាង​ថា ប្រសិន​បើ​តុលាការ​ខ្មែរ​ក្រហម​ចង់​កាត់​ក្ដី​ករណី ០០៣ និង ០០៤ តុលាការ​ត្រូវ​តែ​ប្រមូល​អីវ៉ាន់ ហើយ​ចាក​ចេញ​ពី​កម្ពុជា។

ចំណែក​លោក ហោ ណាំហុង រដ្ឋមន្ត្រី​ការបរទេស ក៏​បាន​បញ្ជាក់​ថា រឿង​ចាប់​ខ្លួន​ជនសង្ស័យ​​បន្ថែម​មក​កាត់​ទោស​ជា​រឿង​របស់​រដ្ឋាភិបាល​កម្ពុជា ហើយ​ត្រូវ​កំណត់​ដោយ​កម្ពុជា។ លោក ប៊្លុង បន្ត​ថា កត្តា​ទាំង​នេះ​​ហើយ​ជា​មូលហេតុ​ដែល​លោក​មិន​អាច​ធ្វើការ​ដោយ​ឯករាជ្យ និង​គ្មាន​គំនាប។ 

ឆ្លើយ​តប​ទៅ​នឹង​សេចក្ដី​ថ្លែងការណ៍​ហាមឃាត់​របស់​មន្រ្តី​អង្គការ​សហប្រជាជាតិ ទីស្ដីការ​គណៈរដ្ឋមន្ត្រី​បញ្ជាក់​ថា លោក សុខ អាន បាន​ប្រាប់​មន្ត្រី​ច្បាប់​អង្គការ​សហប្រជាជាតិ​ថា ភាគី​ជាតិ និង​អន្តរជាតិ ត្រូវ​មាន​សេចក្ដី​សម្រេច​ចិត្ត​រួម​គ្នា ដើម្បី​បំបាត់​ការ​បំប៉ោង​ព័ត៌មាន ការ​ដាក់​គំនាប និង​ការ​ជ្រៀតជ្រែក​ពី​សំណាក់​ប្រព័ន្ធ​ផ្សព្វផ្សាយ និង​ភាគី​ខាង​ក្រៅ។ 

សមាជិក​ក្រុមប្រឹក្សា​ជាតិ​ប្រឆាំង​អំពើ​ពុករលួយ និង​ជា​អ្នក​នាំ​ពាក្យ និង​ជា​រដ្ឋ​លេខាធិការ​នៃ​ទីស្ដីការ​គណៈរដ្ឋមន្ត្រី លោក កែវ រ៉េមី នៅ​សប្ដាហ៍​នេះ​បាន​បដិសេធ​ការ​ចោទ​ប្រកាន់​ថា រដ្ឋាភិបាល​បាន​ជ្រៀតជ្រែក​ដំណើរ​ការ​សាលាក្ដី​ខ្មែរ​ក្រហម។ 

លោក កែវ រ៉េមី បាន​ចោទ​វិញ​ថា អង្គការ​សិទ្ធិ​មនុស្ស និង​បណ្ដាញ​សារព័ត៌មាន​របស់​សហរដ្ឋ​អាមេរិក ជា​អ្នក​នៅ​ពី​ក្រោយ​ការ​លាលែង​តំណែង​របស់​លោក ប៊្លុង៖ «មិន​មែន​ទាក់ទង​រដ្ឋាភិបាល​ទេ គឺ​គាត់​ទាក់ទង​នឹង​គំនាប​ពី​អង្គការ​អន្តរជាតិ ដូចជា Human Rights Watch, OSJI ដែល​បង្ខំ​ឲ្យ​គាត់​លាលែង និង​ការ​យក​ចំណេញ​ពី​អ្នក​សារព័ត៌មាន​ខ្លះ ដែល​គេ​ហៅ​ថា ជ្រៀតជ្រែក​ផ្ទៃ​ក្នុង។ ចង់​និយាយ​ថា ដូច​ជា Wall Street Journal ក៏​បង្ខំ​ឲ្យ​គាត់​លាលែង ហើយ VOA ក៏​អ៊ីចឹង​ដែរ នៅ​បន្ត​កិច្ច​សម្ភាសន៍​កកូរកកាយ​ក្នុង​ប្រព័ន្ធ​យុត្តិធម៌​តុលាការ​កូន​កាត់​របស់​យើង​នេះ។ អ៊ីចឹង​តាម​ពិត​អ្វី​ដែល​គាត់​លាលែង ដោយសារ​តែ​រង​សម្ពាធ​អ្នក​អស់​ហ្នឹង​ទេ...»។

សេចក្ដី​ថ្លែងការណ៍​ទីស្ដីការ​គណៈរដ្ឋមន្ត្រី​បញ្ជាក់​បន្ថែម​ថា លោក សុខ អាន និង​មន្ត្រី​អង្គការ​សហប្រជាជាតិ បាន​ផ្ដោត​សំខាន់​ចំពោះ​សំណុំ​រឿង ០០២ ជា​សំណុំ​រឿង​សំខាន់​បំផុត​នៃ​ប្រវត្តិសាស្ត្រ​តុលាការ​យុត្តិធម៌។ សាលាក្ដី​ខ្មែរ​ក្រហម នឹង​បើក​សវនាការ​ករណី ០០២ នៅ​ថ្ងៃ​ទី​២១ ខែ​វិច្ឆិកា ខាង​មុខ​នេះ៕ 

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“Pre Busan 4th High Level Forum” Date: October 26-27, 2011 Phnom Penh – Cambodia (Sunway Hotel)

TENTATIVE AGENDA

Multi-stakeholder Consultative Workshop 

on 

 “Pre Busan 4^th High Level Forum”

Date: October 26-27, 2011

Phnom Penh – Cambodia (Sunway Hotel)

Background:

The  Fourth High Level Forum on Aid Effectiveness (HLF4) in Busan, South Korea will take place from 29 November to 1 December. With this important global event fast approaching, civil society continues its mobilization to formulate it collective message and key asks for this landmark event in development cooperation.

Between 2008 and 2011, through the collaborative work of BetterAid and Open Forum in partnership with regional and national CSO platforms, the global CSO’s advocacy efforts to shift from Aid Effectiveness to Development Effectiveness has produced three key documents: 

            • Istanbul Principles for CSO Development Effectiveness, 

            • Siem Reap Consensus on the International Framework for CSO Development Effectiveness 

            • CSOs on the Road to Busan:  Key Message and Proposals

Additionally, upon issuance of draft Busan Outcome Document (BOD) by the Working Party on Aid Effectiveness of the OECD-DAC, the CSO global community have responded and made comments on the BOD, reflecting the three key documents outlined above. In the run-up to Busan, CSOs around the globe will also aim to actively advocate to the donor community and recipient governments to consider and put into force specific minimum standards for enabling environment to allow CSOs to fully apply and strengthen their specific roles as genuine development actors in their own right.

A total of 300 CSO delegates from around the world will attend the HLF4 in Busan, with a clear mandate to defend as well as influence the final BOD through full participation at the negotiation table along with development partners and government representatives.  

CSOs in Cambodia have been very active in global CSO movement and are also involved in these issues both at national and sub-national levels through many multi-stakeholder consultations including the 2^nd CSO Global Assembly in Siem Reap, which was hosted locally in collaboration with the Open Forum.  A draft paper entitled “The Road to Busan” compiled jointly by CCC, NGO Forum and MEDiCAM describes the efforts and achievements in Cambodia to engage all concerned development actors to embrace the effort to move Aid Effectiveness toward Development Effectiveness within the context of Cambodia. 

This event aims to a) bring all concerned stakeholders in Cambodia working on aid and development effectiveness together for a final update and reflection on key documents to be discussed in Busan; b) seek feedback and inputs to the draft paper “The Road to Busan” as a submission from Cambodia at the HLF4.  Day 1 of the event will be open to CSOs only, while the following day will involve participants from government, donors and the private sector in a multi-stakeholder dialogue. 

Day 1:  CSO Consultation

Day 1 Objectives:

             To deepen understanding of key global documents and resources for increasing development effectiveness 

             Inspire debate and reflection on how Cambodian CSOs can best contribute to development effectiveness in alignment with HLF4 

             Secure endorsement of Road to Busan report 

Day 1 Desired Outcomes: 

            • A common understanding of CSO development effectiveness is reached and shared

            • Participants are able to reflect on their own role in development effectiveness and identify the barriers to the application of the Istanbul Principles 

            • Cambodia’s CSO paper, Road to Busan endorsed by CSO community 

Agenda:

Day 1: October 26, 2011 CSO Consultation
Timeframe	Session		Resource Person
7:30 - 8:00	Registration		CCC
8:00-8:02	National Anthem		All
8:02 - 8:05	Introduction of Workshop Objectives Introduction of the Delegates, Resource Persons, and workshop rationale, objectives and expected outcomes		Mr. Mi Nac, Project Officer of CCC
8:05 - 8:15	Welcome Remarks and Open Session		Ms. Caroline McCAUSLAND ExCom member of CCC
8:15 - 8:45	Session 1:  Requirements for CSO Development Effectiveness
Day 1: October 26, 2011 CSO Consultation
Day 1: October 26, 2011 CSO Consultation		All
Timeframe	Session		Resource Person
Presentation 1: Review of CSO documents for Busan:  Istanbul Principles and the Siem Reap Consensus on International Framework for Development Effectiveness		Mr. Lun Borithy, Executive Director of CCC
8:45-9:45 9:45-10:00	Group Discussions:  What are the barriers to applying the Istanbul Principles in Cambodia using the Siem Reap Consensus as a Framework?  What commitment do we need from our development partners/Government to overcome those barriers?   Tea Break		Dr. Sin Somuny, Executive Director of MEDiCAM
10:00-10:45	Group Presentations		Dr. Sin Somuny, Executive Director of MEDiCAM
10:45-12:00	Session 2:  Barriers to Development Effectiveness  Presentation 2: Minimum Standards for Enabling Environment and CSO adherence to accountability and Governance in Cambodia Presentation 3: Result of study on IATI mechanisms of Aid management and delivery, conducted by NGO Forum (how is this contributing to enabling environment; good governance requires more than one party Question and Answer		Mr. Soeung Sareoun, Head of Programs, CCC  Mr. Chhith Sam Ath Executive Director of NGO Forum (TBC)
12:00 - 13:30 PM L U N C H   B R E A K &  P H O T O S H O O T
13:30 -15:00	Session 3: CSO Inputs for Busan Presentation 4: Cambodia’s contribution: Road to Busan report Question and Answer		Ms. Louise Coventry, Consultant
15:00-15:20	Tea Break		All
Timeframe	Session		Resource Person
15:20- 16:40	Session 4:  Way Forward  Refection and Preparation for Multi-stakeholder dialogue Presentation 5:  Global CSO Inputs and impact on BOD  Question and Answer Plenary Discussion: Key Talking Points for Multi-stakeholder dialogue on Day 2		Mr. Nicolas Gloeckl, Policy Officer of IBON/RoA Mr. Soeung Sarouen, Head of Program (CCC)
16:40-17:00	Evaluation and Closing of Workshop		Mr. Mi Nac, , Project Officer of CCC

Day 2:  Multi-stakeholder Consultation 

Day 2 Objectives:

                         To deepen understanding of HLF4 processes and key documents 

             Inspire debate and reflection on how Cambodian CSOs can best contribute to development effectiveness alongside other development partners 

Day 2 Desired Outcomes: 

                        • A common understanding of CSO recommendations on the BOD is reached 

            • Partnerships between CSOs and other development partners are strengthened 

            • Actions points for all development actors are drafted and endorsed

Timeframe	Sessions	Resource Persons
7:30 - 8:00	Registration	CCC
8:00 – 8:05	National Anthem
8:05 - 8:15	Recap of Day 1 and situating the Multi-stakeholder dialogue with overall introductions	Mr. Soeung Saroeun, Head of Programs, CCC
8:15 – 8:30	Welcome Remarks and Open Session	Gov’t  Rep (TBC) Mr. Juan Pita, Country Rep of AECID
8:30-9:15	CSO Global Journey to Busan:  Summary of Global CSO key events and inputs into the Busan 3rd Outcome Document (BOD) Question and Answer	Mr. Nicolas Gloeckl, Policy Officer of IBON/RoA
9:00-10:00	Session 3:  Mini Workshops
	Workshop I:Government representatives Are the CSO recommendations on the BOD relevant and appropriate to the Cambodian  context ? How could the government support the recommendations?	Facilitator:  CDC rep (TBC)
	Workshop II: Private Sector Representatives  Are the CSO recommendations on the BOD relevant and appropriate to the Cambodian context?  How could the private sector support the recommendations?	Facilitator:  Mr. Kak Key, Director of Morison Kak and President of Clean Business Initiative (CBI)
	Workshop III: Development Partners Are the CSO recommendations on the BOD relevant and appropriate to the Cambodian context?   How could DPs support the recommendations?	Facilitator:  Mr. Karl-Anders Larsson, Counselor, Embassy of Sweden
	Workshop IV: CSOs Are the CSO recommendations on the BOD relevant and appropriate to the Cambodian context?   How could DPs, government and the private sector support the recommendations?	Facilitator:  Mr. Nicolas Gloeckl, Policy Officer of IBON/RoA
10:00-10:15	Tea Break
10:30-12:00	Panel Discussion: Cambodian Development Actors Perspectives on the Busan Output Documents   Question and Answer	Moderators:  Mr. Soeung Saroeun, CCC Discussants:  Mr. Karl-Anders Larsson, Counselor, Sweden Embassy Ms. Belinda Mericourt, Consultant (UNDP, PRDP) Gov’t CDC Rep (TBC) Mr. Lun Borithy, ED CCC Mr. Kak Key, Director of Morison Kak and President of Clean Business Initiative (CBI)
12:00-12:15	Wrap up and Closing of Workshop	Dr Sin Somuny, ED of MEDiCAM

Note: The organizers reserve the rights to alter the agenda subject to availability of speakers and dynamics of the consultation requiring optimum use of time for effective outputs.

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 ព្រឹតិ្តច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀត ឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕

Government derides NGO law critics

Original source from Phnom penh post

MONDAY, 24 OCTOBER 2011 12:01

BRIDGET DI CERTO

The government last week issued a stinging retort to civil society’s intense criticism of the draft NGO law, signalling that any changes to the law are unlikely to be substantive.

“For too long already, [Human Rights Watch director] Brad Adams and his peers have painted Cambodia NGOs as the victims of political and human rights violations committed by the RGC, which is a plain lie within a global framework of a campaign of intoxication [sic] against Cambodia,” the statement read.

Released late Thursday by the Council of Ministers’ Press and Quick Reaction Unit, the statement said that such criticisms of the draft NGO law were premature.

“We have modified many of the articles and reviewed the legality of the law and the social and cultural impacts,” Council of Ministers spokesman Phay Siphan told the Post yesterday. “It is too early to comment on the fourth draft yet until it is public.”

The fourth – and final – draft of the NGO law, which currently sits with the Ministry of Interior and the Ministry of Foreign Affairs for “consultation,” will be released within the next two weeks, Phay Siphan said. This fourth draft will be the version passed into law, he added.

In response to a recent joint statement by three UN human rights special rapporteurs, the government states that UN special rapporteurs have no legal status in Cambodia unless they have a Human Rights Council mandate.

The government then accuses them of using “cheap tricks” to secure a mandate to Cambodia, by requesting that the  government invite their assistance.

One special rapporteur who does have a Human Rights Council mandate, Surya Subedi, issued a report in August slamming the lack of “meaningful consultation” with civil society in developing the draft NGO law. The Human Rights Council have since taken the extraordinary measure of extending his mandate to monitor the human rights situation in Cambodia for another two years.

“The year-long campaign against the RGC’s duty and responsibility to regulate NGOs in Cambodia is a well-thought and well-designed scheme intended to protect and prevent the … NGOs involved in legal and human rights advocacy from adhering to the rules of transparency and accountability,” the government’s statement read.

The statement adds that the draft law is in full compliance with both the International Covenant on Civil and Political Rights and the Kingdom’s Constitution, stating: “[The] Law is restrictive, but when it is in conformity with the articles of the Constitution of the Kingdom of Cambodia, it is good law.”