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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