Second Global Assembly of the Open Forum for Civil Society Organizations Development Effectiveness

Second Global Assembly of the Open Forum for Civil Society Organizations Development Effectiveness

 Siem Reap, Cambodia, June 28-30^th 2011

The passage of the draft law on associations & non governmental organizations (NGOs) would severely impair the effectiveness of civil society and development organizations working in Cambodia. In particular, it would directly undermine at least two of the eight guiding Principles of CSO Development Effectiveness, which advocate, among other things focusing on people’s empowerment, democratic ownership and participation and pursuing equitable partnerships and solidarity.

The most recent draft of the law, released on March 24, 2011, is a clear attempt by the Cambodian government to control civil society and stifle dissent. The government claimed to have taken into account a number of concerns raised by civil society after the release of the first draft of the law in December 2010. However, the most significant concerns were not addressed and any changes were mostly cosmetic. The government has also repeatedly said that passing the law is a top priority. Following national and international outcries, the law is still in draft form, but it is widely expected that the government will try and pass the law before the end of 2011.

The law enforces mandatory registration of associations and NGOs, which is a flagrant violation of freedom of association and other fundamental rights. It also imposes burdensome registration requirements, which would severely restrict the operation of rural grassroots groups, informal networks and associations operating with limited resources. It gives authorities unbounded discretion to approve registration applications, with few guidelines to transparently steer these decisions. There is no appeals process if registration is denied. Many of the provisions in the law are directly contrary to its own Constitution and the International Covenant on Civil and Political Rights, which Cambodia has ratified.

In summary, the law would give the government total control over civil society: arbitrary decision in the registration process would make it easy for the government to prevent certain groups from operating. For international civil society partners, supporting people’s empowerment and democratic ownership in Cambodia should be of primary concern. The law threatens to lead to the dissolution of a number of critical groups unable to meet the registration requirements. These groups, familiar with the Cambodian context, are an important source of information on human rights and development in the country. Without them, international civil society organizations and development partners would likely be operating blindly. This will seriously undermine the effectiveness of their investments.

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Rights envoy urges reforms

Surya Subedi was appointed United Nations Special Rapporteur for Human Rights in Cambodia in 2009 and carried out his fifth fact-finding mission to the Kingdom last week. He spoke to The Post on Friday.

You mentioned in a statement  today that certain pieces of legislation in Cambodia had narrowed the scope of peoples’ rights. Which pieces of legislation are you referring to?
One example is the ... provision of the penal code on defamation, disinformation and incitement. The powers given to the executive are rather broad. While I welcome the legislation – it’s better to have a penal code than not to have one – it’s a progressive document in so many areas, but not progressive enough in a number of areas. They include mainly the provisions relating to freedom of speech. My position has been all along to decriminalise defamation and disinformation, and the penal code doesn’t do that.

Do you feel that broad powers for the executive are a common problem in Cambodian legislation?
I would not go as far as to generalise it, but generally speaking … parliament’s ability to restrain the executive has been limited. [Parliament] should be the defender and the guarantor of peoples’ human rights. To do so, parliament has to be more assertive, more independent and hold the executive to account.

A former UN World Food Programme employee, Seng Kunnaka, was convicted of incitement last year after sharing printed articles from an antigovernment website with co-workers. Do you believe that he was wrongfully charged?
I don’t want to go into the merit of the case at this stage, but I have concerns about the procedure involved. He was arrested on a Friday and he was convicted by Sunday afternoon – so within a matter of two days [the case went] from arrest to conviction – to me, casting serious doubt about the requirements of a fair trial. A trial of that nature, conducted and completed within two days, gave me cause for concern.

Villagers from Boeung Kak lake said in a letter to you this week that the international community had not done enough to hold the government to account for forced evictions and alleged rights abuses. Have donor countries and the UN done enough to press the Cambodian government for reform?
The international community could certainly do more, but the UN Human Rights Council has already included in its [2009] resolution the need for national guidelines on evictions. These guidelines should include the procedure, the notification, compensation and the relocation.

The [2001 Land] Law itself is a good law, but the proper implementation of that law is a problem in this country – not implementing the law, not waiting for enough information, not waiting for the [parties] to go to courts to settle their disputes and using sometimes disproportionate force to evict people from their sites.

When there is a land dispute between two private individuals or between a private individual and a company, that matter should be resolved through the courts … or some other agencies established by law. The executive should not intervene in a dispute between two private individuals.

At a press conference this week, representatives from rights group Adhoc suggested that local authorities and the judiciary were biased toward rich and powerful people, particularly in land dispute cases. Is this an accurate assessment?
A very ambitious land-titling program is underway in this country [supported by German development agency GTZ and other agencies]. About 1,000 land titles are issued ... every week. If that process is allowed to take its course then many of the disputes will be resolved.

The problem here is the rich and powerful requesting the government or law enforcement agencies to intervene on their behalf and the law enforcement agencies are not waiting for the disputes to be settled through courts or other agencies established through the law.

Would you ever recommend that the UN or one of its agencies withdraw funding from Cambodia?
No, not necessarily. I would not go that far because this country needs international assistance: both financial assistance and technical assistance.

Have any of your recommendations as Special Rapporteur been implemented?
I made my position very clear from the very beginning that there should be national guidelines on land management issues. That guideline is being developed by the Minsitry of Land Management [Urban Planning and Construction] working together with other partners.

I asked the government to consult the concerned parties or associations when drafting the NGO law. Two rounds of consultations have taken place. The challenge is to make sure that the recommendations or proposals made by the NGOs are incorporated into the final version as much as possible.

One of my recommendations was to increase the budget available to the judiciary. The judiciary remains under funded in this country and I was given to understand that funding was increased for the judiciary, both in 2009 and 2010. [It was] not enough, but [there is] … clear progress.

Do you agree with NGO representatives who feel that there is no need for an NGO law in Cambodia?
My position is that there are enough laws already which govern the activities of NGOs, but Cambodia is a sovereign country and the National Assembly is a sovereign assembly. They have the right to legislate in the areas where they feel new laws are needed.

The challenge is that the new law should be a law which will enable NGOs to deliver their services better to the people of Cambodia, rather than restrict their activities.

You have said that laws must be made by a sovereign parliament, but in accordance with international obligations. What is the balance between the two?
As an international lawyer, I would say that there is no absolute sovereignty in existence anymore, anywhere. The sovereignty we are talking about is a limited sovereignty. There are international values imposed on states by international treaties. Once you join the [UN], you are bound by the values of the organisation, so that itself is limiting the freedom of action of states. No [UN member] state these days can have a dictatorial system of government which ignores the charter of the UN. 


Original source, please go to website of phnompenh post: http://www.phnompenhpost.com/index.php/2011060649554/National-news/rights-envoy-urges-reforms.html


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Statement by the United Nations Special Rapporteur on the situation of human rights in Cambodia, Professor Surya P. Subedi

While the general situation of human rights has progressed in certain areas, it has not improved much in others. Examples of the latter are land rights and evictions, and freedom of speech. Because of the fear of possible charges of defamation, disinformation and incitement against them, many people such as journalists, human
rights defenders and political activists seem to be resorting to self-censorship. I am concerned by the use of such charges against land activists and individuals making claims on disputed land. I am dismayed to hear about disproportionate use of force by law enforcement officials during peaceful protests by individuals involved in land
disputes. For instance, the violence against the demonstrations by the residents of the Beoung Kok Lake area in April 2011 was regrettable. I am, however, encouraged by the recent dialogue between the remaining communities of Beoung Kok Lake and the municipality of Phnom Penh and look forward to a mutually agreeable settlement.

For detail information pleas link here for Khmer language: https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B3LzPsPRNUiwNzRlNzczZDEtYWI4My00ZmY4LWJiMDUtZmE5ZDg5ODdjMDM1&hl=en_US

and for English here: https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B3LzPsPRNUiwMGI3MDY0ZTgtNDc0My00NTNlLWI4ODEtOGZhMTNmZjQ0MGQx&hl=en_US

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Victim of Land Conflict is doing a Press Conference at ADHOC office

Please be informed that this morning 57 victims were accused on criminal charge by powerful and the rich persons is doing press conference at ADHOC's office. This press conference is to address the government leadership to take action against some judges or prosecutors who always favor the power and rich persons without deeply consideration of the situation. Some powerful or rich persons use the judicial system to intimidate or oppress against the poor who protect the natural resource or their land and farming. Please help or support the poor who need us to support them by spirit or material.

សន្និសិទកាសែត

Press Conference

ស្តីពីការចោទប្រកាន់ ការចាប់ខ្លួនអ្នកក្រីក្រក្នុងរឿងទំនាស់ដីធ្លី

On Charging, arresting against the poor in the conflict cases

June 2, 2011

២ មិថុនា ២០១១

សេចក្តីផ្តើម Introducation

ដោយពិនិត្យឃើញជារួមនៅក្នុងរបាយការណ៏ស៊ើបអង្កេតក្នុងរយៈពេល៥ខែដើមឆ្នាំកន្លងមក សមាគម​អាដ​​ហុក បានរកឃើញថា នៅក្នុងទំនាស់ដីធ្លី ​ប្រជាពលរដ្ឋក្រីក្រដែលចេញមុខ​ធ្វើការទាមទារ តវ៉ា ដើម្បី​ការពារ​ដីស្រែចំការ ផ្ទះសំបែង ទទួលរងនូវ ត្រូវបានទទួលរង​នូវការ​ចោទ​ប្រកាន់​ពីបទ​ព្រហ្ម​ទណ្ឌ។ នៅឆ្នាំ២០១១នេះ មាន​ប្រជាពលរដ្ឋសរុប​១១៨​នាក់ដែលផ្តើមចេញ​ពី​ទំនាស់​ដីធ្លីជាមួយ​អ្នក​មានអំណាច ឬក្រុមហ៊ុនឯកជន ដោយគ្រាន់តែអ្នកភូមិធ្វើការ ទាមទារ តវ៉ា កន្លងមក។ ក្នុងចំណោម ១១៨នាក់ មាន៣៤នាក់ត្រូវបានចាប់ខ្លួន និងមាន១៦នាក់កំពុង​តែ​ឃុំខ្លួន​ក្នុងពន្ធនាគារនៅឡើយ ចំណែក៨៤នាក់ កំពុងតែរត់គេចខ្លួនពីការតាមចាប់ខ្លួន។

After collecting and reviewing the investigating report within 5 months (January-May 2011), ADHOC found that the poor people who prevent their farm and house from land grabbing were charged criminal case against them. In 2011, 118 people were accused by powerful persons or private comapny. Among of them, 34 people were arrested (16 people in prison) and 84 people are escaping from arrest.

គោលបំណងៈ Purpose

ដើម្បីបង្ហាញដល់រដ្ឋាភិបាលឲ្យឃើញថា ជនរងគ្រោះក្រីក្រក្នុងរឿងទំនាស់ដីធ្លីកំពុងតែមានគំលាត​ឆ្ងាយ​ពីយុត្តិធម៌ មានការភ័យរអានឹងប្រព័ន្ធយុត្តិធម៌នៅកម្ពុជានិង អំពាវនាវដល់រដ្ឋាភិបាល ពិសេស​ស្ថាប័ន​តុលាការ ធ្វើការកំណទំរង់បញ្ឈប់ការចោទប្រកាន់ និងចាប់ខ្លួនដោយអយុត្តិធម៌ក្នុងរឿងដីធ្លី​ជាមួយ​ភាគីអ្នកមានអំណាច ឬក្រុមហ៊ុនឯកជន។​

In order to address the government that the victims of land conflict are far from the fair or justice. The victims are threathened by Cambodian Juricial System; they appeal to goverment especially judicial institution shall be reformed. The court shall stop to charge or arrest victim of land conflict with powerful people or private company by unfairly.

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NGO pressure mounts

Cambodia's controversial NGO law is being drafted for a third time, the government confirmed yesterday, as the number of organisations slamming the latest public version of the legislation neared 600.

Critics have stated that the legislation would cripple Cambodian civil society if it were adopted, citing provisions that would outlaw unregistered voluntary organisations, force foreign NGOs to collaborate with the government and leave government involvement in NGO activities unchecked.

The outcry intensified last month after the Ministry of Interior released a second draft that failed to address concerns expressed by civil society, and Nouth Sa An, secretary of state at the ministry, said he would advance the draft to the Council of Ministers in the first week of April.

This has yet to happen but 574 NGOs have now added to the pressure by declaring the second draft “unacceptable” in a statement released yesterday by the Cooperation Committee for Cambodia.

The organisations “are very concerned that the law in its second draft gives far-reaching power to the authorities to control the rights of citizens to organise and express themselves”, the statement said.

The United States said last month that the legislation was “emblematic” of efforts around the world to restrict civil society, and told the government during a meeting with international donors that the law could jeopardise financial assistance.

The World Bank also called for further discussion on the law during the meeting.

Mey Narath, deputy director of the political affairs department at the Ministry of Interior, said yesterday that the ministry was preparing a third draft, but did not know whether it would be shared publicly.

He indicated, however, that the government had already taken NGO concerns into account.

“Before, the Ministry of Interior sent the draft law to NGOs and [embassies] for discussion many times, and the ministry has collected recommendations for examination,” he said.

Nouth Sa An said yesterday that he was aware of NGO criticisms of the legislation but had “resolved the problems already”.

Last week, he said that he planned to meet with Deputy Prime Minister Sok An to discuss changes to the proposed law before sending it to the Council of Ministers.

Lun Borithy, executive director of CCC, said yesterday he believed that “the majority of active NGOs are in support” of the joint statement.

The paramount concern, he said, was to see the new version of the law.

“Civil society is keen to see the third draft before it’s heading to the Council of Ministers, something we’ve been promised,” he said. He added that Nouth Sa An said during a meeting earlier this year that if a third draft was produced, it would be shared.

“The ministry said that we would get a glimpse of the third draft, and that hasn’t materialised yet,” Lun Borithy said.

Consultation after the law is passed on to the Council of Ministers is not expected.

Please link herehttp://www.phnompenhpost.com/index.php/2011052449315/National-news/ngo-pressure-mounts.html for original source of above information. 

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Statement: Civil Society Expresses Concern over Recent Developments in the Extraordinary Chambers in the Courts of Cambodia, and Urges the International Community to Speak Out

JOINT MEDIA STATEMENT

Civil Society Expresses Concern over Recent Developments in the

Extraordinary Chambers in the Courts of Cambodia, and Urges the International Community to Speak Out

 

Phnom Penh, 19 May 2011

 

 

We, the undersigned members of civil society, are deeply concerned over recent developments at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in relation to the ongoing prosecution and investigations in Cases 003 and 004.   We are concerned that the mandate of the court – to bring to trial senior leaders and those most responsible for Khmer Rouge atrocities – is at risk of not being genuinely carried out. 

 

We urge all stakeholders – victims of Khmer Rouge atrocities, donors, the Cambodian government, and the United Nations – to ensure that justice is done and is seen to be done by the ECCC. 

 

We urge all those concerned to ensure that the goal of the ECCC is carried out and the overall legacy of the ECCC is serving as a model for rule of law development in Cambodia.

 

All ECCC judges – whether Cambodian or international - are required to be persons of high moral character, to possess a spirit of impartiality and integrity, and to be fully independent in the performance of their functions.  They are prohibited from accepting or seeking any instructions from any government or any other source.  The ECCC’s Co-Prosecutors are subject to the same standards. The recent developments at the ECCC pertaining to Cases 003 and 004 compounds our grave concerns that the impartiality, integrity, and the independence of ECCC judges are being tainted. 

 

Cambodians have a right to know what happened at the hands of the Khmer Rouge.  Within this “right to know” implies access to the truth about what happened during the Khmer Rouge era.  One of the functions being fulfilled by the ECCC is to create an historical record about what happened.  It is imperative that this record is as complete and accurate as possible.  The ECCC must safeguard against any creation of negationist or revisionist records about what happened.

 

Cambodians have a right to justice.  This includes the right of victims to meaningful participation in the justice process – at all stages of the proceedings.  In order to effectively exercise this right, all Cambodians need access to publicly available information. Ample information can be provided to victims while safeguarding the rights of those alleged to have perpetrated Khmer Rouge atrocities according to the highest international standards.  International Co-Prosecutor, Andrew Cayley, provided some basic factual information about Case 003 in his press statement of 9 May 2011.  However, this information was not timely enough for civil society to effectively carry out its functions in respect of victim participation.  Cambodian civil society urgently requires additional information and time in order to be able to effectively represent the interests of the Cambodian people in Cases 003 and 004.

 

We, the undersigned, remain hopeful of the promise the ECCC holds in setting and maintaining standards for rule of law development in Cambodia.  The rule of law, democracy, the principle of separation of powers and the independence and impartiality of judges are interconnected.  For Cambodians, therefore, it is absolutely imperative that the ECCC – a court within the domestic justice system, and applying both Cambodian and international law – serves as a real role model for the future. 

 

We urge all concerned individuals and groups to take appropriate action to ensure that the Case 003 and 004 investigations are full and genuine; to ensure that an accurate historical record is created by the ECCC; to ensure that Cambodians have access to justice, and to the truth about Khmer Rouge atrocities; and to ensure that the right of victims to meaningful participation in the proceedings is effectively guaranteed.

___________________________
Cambodian Human Rights Action Committee (CHRAC)
Address: # 9E0, St. 330, Sangkat Boeung Keng Kong III,
Khan. Chamcar Morn, Phnom Penh, Cambodia
Tel/Fax:  855 23 218 759 , Tel: 855 23 301 415 , 305 609
E-mail: chrac@forum.org.kh or chracsecretariat@yahoo.com
Web: http://www.chrac.org

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ICNL issued its quartely newsletter related to NGOs Law in Cambodia

Conclusion
As discussed above, the Royal Government of Cambodia should respect and be consistent with the norms contained in international covenants and declarations upholding the freedom of association and individual rights to which Cambodia is a signatory and a member. Cambodia has existing laws which cover many NGOs activities; discussed in chapter 1 point 2, above. If the government genuinely intends to build a development partnership with the sector, any new legislation should be designed to strengthen and empower the sector, protect NGOs’ interests, and provide support to sustain the sector.
A few simple suggestions for improving the present regulatory regime:

• The registration application should be directly filed with the Ministry of Interior, without going through the hierarchy of local authorities. Only a single registration should be required.
• Dissolution: Unauthorized illegal actions on the part of NGO staff should be adjudicated by the courts as ultra vires, not undertaken by the organizations itself, and, barring a finding of impropriety, wrongdoing, or lack of proper supervision on the part of the organization, should not serve as grounds for dissolution.
• The government could not limit the area or region for NGOs to work. Such restrictions constitute a breach of freedom of association provided in both the constitution and also the international treaties that Cambodia has ratified. It is expressly in the public interest for NGOs to freely carry out lawful activities within the territory of Cambodia.

Finally, any law affecting civil society drafted for Parliament’s consideration should be released for public scrutiny and consultation on its content.

For detail information, please click herehttp://www.icnl.org/knowledge/ijnl/vol13iss1/index.htm



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