Monday, December 12, 2011

Preliminary Analysis Fourth Draft Law of Association and Non-Governmental Organization (LANGO) in Cambodia


Law on Association and Non-Governmental Organization (LANGO) is issued today by Ministry of Interior (MoI).

The content of LANGO is sensitively remaining. It’s unacceptable content that restrictive freedom of association.

The article 5 (2) is attacking against Community Based Organization (CBO) in which needed to inform by written letter about their name of organization, objective and name of executive director to commune council in its operation field. It’s still have problem if the CBOs didn’t inform their activity to authorities, they will face to ban their activities.

Article 9, LANGO is contradicted with article 18(1) law on implementation of civil code (LICC). MoI confiscate power from Ministry of Justice (MoJ) which provide the legal entity to. We think that MoI just have authority to observe the NGOs activities only. Through article 9, why law provide authority to MoI to consider that legal entity can become non-profit organization after it’s registered at MoI. Actually, the providing the status of non-profit organization, it should be provided authority to Ministry of Finance because this ministry can know well about tax and other benefit.

Provide validity of NGO-bylaw: in Article 8, MoI has authority to recognize to register or not its based on MoI’s decision. It doesn’t provide type of evidence or legal background for denial. It is an abusive article and hands much power to MoI. The checking the legally bylaw is meaningless article. It should be stated that MoI have authority to see the validity of NGO bylaw. The validity of bylaw shall be accordance with civil code (contract provision).  

This article should be added more relating background of MoI rejecting to registration of NGOs.

Penalty: provide more huge and seriously authority to MoI to suspend or de-registration NGOs when they didn’t fulfill any duties. Please read article 30, LANGO, give authority to MoI to de-register NGOs but based on article 65 (3-C) of Civil Code provide authority to MoJ to issue the warning letter.

Law Journal of Cambodia Team will provide more detail analysis next time.

If you want to download this fourth draft please click here for Khmer and English  


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 Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and informaton 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. If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Welcome all comments on this blog 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៕
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