NGO Law Monitor: Cambodia

Download PDF Version
Last updated 15 May 2012

Introduction

Cambodia is an example of a post-conflict society in which traditional forms of civil society organizations (CSOs) were devastated and then re-emerged in new forms as part of the reconstruction process. CSOs include Buddhist institutions, trade unions, media associations and non-governmental organizations (NGOs). In 1989 the first humanitarian international NGOs (INGOs) arrived and the establishment of local NGOs soon followed.

The Royal Government of Cambodia (RCG) and development partners recognize that NGOs and INGOs have made an important contribution to rehabilitation, reconstruction and development for the past 30 years. NGOs are viewed as important partners in the delivery of basic social services. Formally the RCG has a number of mechanisms that involve NGOs in national development strategy formulation and policy implementation and dialogue. In practice, however, NGOs have limited influence on government strategy and policy and limited space for dialogue.

Beyond the service provision sphere, the environment for NGOs is very different. NGOs involved in advocacy, legal rights and human rights are seen by the RCG as unwanted opposition and the environment for their activity is restrictive. The power of the Cambodian People’s Party (CPP) is increasing and the Cambodian State is becoming increasingly authoritarian. There is widespread concern from NGOs and other stakeholders on key issues relating to the increased violation of land rights and the restriction of fundamental human rights, such as the freedom of expression and freedom of assembly. Human rights defenders are continually the target of threats and attacks. The recent UN UPR submissions and outcomes document this. (December 2009 www.upr-info.org/-Cambodia-.html).

Currently the legal framework in Cambodia is governed by the Constitution, but there are no specific implementing laws. There are different registration requirements for INGOs and NGOs. INGOs are required to conclude a Memorandum of Understanding with the Ministry of Foreign Affairs and an administrative order requires local NGOs to register with the Ministry of the Interior. The current legal framework is open to discretion and its implementation saddled by a weak understanding of the concept of civil society. There is no effective judiciary or effective rule of law in Cambodia. The RCG has recently taken the unprecedented step of including civil society leaders within the scope of the newly enacted Anti-Corruption Law, by requiring them to disclose assets.

On December 15, 2010, a draft Law on NGOs/Associations, prepared by an inter-ministerial committee, was made public. Following a public consultation meeting in January 2011 and a critical advocacy campaign led by Cambodian organizations, the Government of Cambodia released a second, revised draft Law in late March and a third version in July. The Ministry of Interior is reportedly now working on a fourth version of the draft Law.

At a Glance

Organizational Forms	NGOs and associations (although there is no clear definition of these organizational forms provided in the law)
Registration Body	The Ministry of Interior is responsible for local NGOs and associations. The Ministry of Foreign Affairs and International Cooperation is responsible for international NGOs.
Approximate Number	Approximately 3,492 registered NGOs and associations. Of this number, it is estimated that approximately 1,350 organizations remain active.
Barriers to Entry	Registration is mandatory for all NGOs and associations. The procedural requirements for the registration of international NGOs are complex and burdensome. Procedural safeguards regarding registration are lacking, with the Government having full discretion to deny registration.
Barriers to Activities	Advance notification to the state or governmental approval is required for certain activities. International NGOs are subject to reporting requirements on a quarterly basis. The Government of Cambodia is increasingly applying pressure and intimidation on certain NGOs and the communities in which they work.
Barriers to Speech and/or Advocacy	Laws criminalizing defamation, disinformation, and incitement.
Barriers to International Contact	No barriers
Barriers to Resources	No barriers

Key Indicators

Population	14, 494, 293
Capital	Phnom Penh
Type of Government	Multiparty democracy under a constitutional monarchy
Life Expectancy at Birth	Male: 60.03 years Female: 64.27 years (2009 est.)
Literacy Rate	Male: 84.7% Female: 64.1%
Religious Groups	Buddhist: 96.4%; Muslim: 2.1%; other: 1.3%; unspecified: 0.2% (1998 census).
Ethnic Groups	Ethnic Groups Khmer: 90%; Vietnamese: 5%; Chinese: 1%; other:4%.
GDP per capita	$1,900 (2009 est.)

Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2009.

International Rankings

Ranking Body	Rank	Ranking Scale (best – worst possible)
UN Human Development Index	137	1 – 182
World Bank Rule of Law Index	13.4	100 – 0
World Bank Voice & Accountability Index	22.6	100 – 0
Transparency International	158	1 – 180
Freedom House: Freedom in the World	Status: Not Free Political Rights: 6 Civil Liberties:5	Free/Partly Free/Not Free 1 – 7 1 – 7
Foreign Policy: Failed States Index	Rank: 49 Human Rights: 7.4	177 – 1 0-10

Legal Snapshot

International and Regional Human Rights Agreements

Key International Agreements	Ratification*	Year
International Covenant on Civil and Political Rights (ICCPR)	Yes	19992
Optional Protocol to ICCPR (ICCPR-OP1)	Yes	2004
International Covenant on Economic, Social, and Cultural Rights (ICESCR)	Yes	1992
Optional Protocol to ICESCR (OP-ICESCR)	No	--
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	Yes	1983
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	Yes	1992
Optional Protocol to the Convention on the Elimination of Discrimination Against Women	No	2001
Convention on the Rights of the Child (CRC)	Yes	1992
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)	Yes	2004
Convention on the Rights of Persons with Disabilities (CRPD)	Yes	2007

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The Cambodian Constitution was adopted by the Constitutional Assembly in Phnom Penh on 21 September 1993.

Relevant Constitutional provisions include:

Article 41
Khmer citizens shall have the freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security. The regime of the media shall be determined by law.

Article 42
Khmer citizens shall have the right to establish associations and political parties. These rights shall be determined by law. Khmer citizens may take part in mass organisations for the mutual benefit to protect national achievement and social order.

National Laws and Regulations Affecting Sector

Relevant laws relating to civil society in Cambodia include:

Law on Taxation (2004);
Penal Code (new 2009 Code pending enactment);
Civil Code (2007);
Counter-terrorism Law (2007);
Peaceful Demonstrations Law (2009) (pending enactment); and
Anti-corruption Law (2010) (approved by the Senate and pending promulgation by the King).

Legal personality: The Civil Code, adopted in 2007, recognizes registered NGOs as legal entities and makes them subject to its provisions.

Registration: The procedure for registration, governed by administrative order or prakas, is a reasonably simple and straightforward process for local NGOs. INGOs must conclude a Memorandum of Understanding with the Government, which is a more complex process.

Criminal responsibility: Members of NGOs are subject to the UNTAC Penal Code, pending enactment of the new Penal Code. The new draft Penal Code – currently before the National Assembly - will regulate a number of criminal activities, including such crimes as fraud, embezzlement, corruption, terrorism, etc. The 2007 Counter-terrorism Law has detailed provisions relating to the question of financing of and material assistance to terrorism.

Taxation: According to the 1997 Tax Law, NGOs do not pay taxes on their income, if they are organizations with either religious, charitable, scientific, literary, or educational purposes; (Article 9 of the Tax law).

Financial transparency: NGOs are accountable to the public that they aim to serve, and to their donors through financial audits. To guard against financial mismanagement and corruption, the recently enacted Anti-corruption Law will be applicable to everyone, including public authorities, civil society actors and private enterprises.

Self-regulatory mechanism: NGOs in Cambodia have established a Voluntary Certification Scheme. To be certified by this system, NGOs subject themselves to a Code of Ethical Principles. The system is recognized at international and national levels as an effective way to build accountability and transparency.

Pending NGO Legislative / Regulatory Initiatives

On December 12, the Royal Government of Cambodia released the fourth draft version of the Law on Associations and NGOs. A consultation meeting between the Government and a select group of civil society organizations was held on December 19. At the consultation meeting, Deputy Prime Minister Sar Kheng made clear that this was not the end of the consultation process, and the Ministry of Interior invited written comments on the draft Law. ICNL prepared an analysis of the fourth draft Law, which is available here. Cambodian CSOs prepared and submitted a consolidated analysis on the draft Law, which was submitted to the Ministry of Interior on December 23. Subsequently, on December 28, Prime Minister Hun Sen stated that the Law on Associations and NGOs need not be enacted quickly and that consultations with CSOs can continue until 2014. In April 2012, contacts at the Ministry of Interior informally reported that although the draft Law is officially on hold, the Ministry is continuing to work on it; there is no further information available about the content or timing of these drafting efforts.

The legislative history leading up to the release of the most recent draft Law is as follows:

In August 2010, a draft Law on NGOs/Associations was reportedly completed by an inter-ministerial committee. The Ministry of Interior issued an open call for support for a national consultation on the draft Law. In response, NGO representatives sought assurances that the draft Law be made available to the NGO community to allow for adequate review of the draft law and time for regional consultations at least one month prior to the planned national consultation.
The first version of the draft Law was released on December 15, 2010. A public consultation workshop on the draft Law was hosted by the Ministry of Interior on January 10, 2011. More than 200 national and international NGO representatives attended. After the workshop, local NGOs submitted suggested revisions of the law to the government.
A second, revised version of the draft Law was released on March 24, 2011. Reaction to the revised draft has highly critical, as many of the problematic provisions from the first draft remained and new concerns arose. There was, however, no second consultation meeting.
The third draft was released on July 29, 2011. Reportedly, the draft Law moved from the Prime Minister’s Office to an inter-ministerial working group at the Council of Ministers and was approved by the Council of Ministers, but not forwarded to the National Assembly.

Legal Analysis

Organizational Forms

Cambodian law currently lacks a clear definition of “NGO”.

The Ministry of Interior (MoI) registers local NGOs and associations. There is no definition for local NGOs and Associations in the administrative order or parka relating to NGO registration.

The Ministry of Foreign Affairs and International Co-operation agrees to a Memorandum of Understanding (MoU) with INGOs; there is also a requirement for INGOs to sign separate MoUs with the various Ministries that relate to the INGO’s sphere of work. The definition of an NGO, as provided in the annex of the MoU document for INGOs is as follows:

The Non-governmental Organization: may be defined as the Organization which has been established by an individual or by any group of individuals to carry out humanitarian activities and non-profit, social development for social welfare and public benefit. The NGO refrains from any activities in support of any Political Parties.

According to recent figures from the MoI, there are 2,465 registered NGOs and associations: 1,034 associations and 1,431 NGOs. Accurate data is not available but many of these NGOs and associations are believed to be inactive. It is estimated that there are approximately 300 INGOs, but again many of these are believed to be inactive.

Public Benefit Status

Cambodian law does not provide for a special public benefit status.

According to the 1997 Tax Law, NGOs do not pay taxes on their income, if they are organizations with either religious, charitable, scientific, literary, or educational purposes; (Article 9 of the Tax law).

Barriers to Entry

The legal framework in Cambodia includes at least three barriers to the formation of organizations.

First, registration for all NGOs and associations is required. Unregistered organizations can be closed down.

Second, the procedural requirements for the registration of INGOs are complex and burdensome. The process involves concluding an initial Memorandum of Understanding (MoU) with the Ministry of Foreign Affairs (MoFA) and subsequently with each separate ministry that the INGO’s activity relates to. At the close of this section are listed the procedural requirements for both local NGOs and INGOs seeking to operate in Cambodia.

Third, the legal framework does not provide procedural safeguards that ensure a professional, apolitical, uniform registration process. For example, there is no fixed time period for government review of registration applications. The Government has discretion to deny registration; there are no standards provided to guide the exercise of its discretion. There is no clear right to appeal.

Documentation requirements at the time of registration are listed here.

For local NGO and associations, registration with the MoI requires the applicant organization to provide:

Five copies of the application form for registration, with signatures (confirmed by the commune and district on the back of the form);
Two copies of permission letters, issued by the municipality, relating to the location of the office of the local organization;
The curriculum vitae of at least three Cambodian founders, including the director, the administrator and the treasurer (5 copies each), and 4x6 photographs (attached with copied Khmer ID card or birth certificate or equivalent documentation);
Five copies of the statute of the local organization, with signatures of the director; and
Five copies of the organizational structure, with signatures of the director.

Additional requirements include maps of office locations, photos of buildings and copies of lease agreements.

There are slightly relaxed requirements for organizations with offices outside Phnom Penh.

For INGOs, registration with the MoFA/IC requires the applicant organization to provide:

The letter of registration recognized by the authority of the country where the headquarters of the INGO is located;
The project plan and budget (to be implemented in Cambodia), as approved by the Board of Directors of the INGO.
The letter from the headquarters of the INGO, giving authority to its organizational representative in Cambodia to sign the MoU and represent the INGO in Cambodia;
The list of foreign staff persons, including the nationality, passport number, role, address in Cambodia and accompanying employment contract;
The list of Cambodian staff persons, including the worker ID Card or any similar document and accompanying employment contract;
The address of the office in Cambodia, with accompanying lease agreement;
A bank Statement; and
Support letters from the line ministries.

INGOs are required to renew the MoU every 3 years.

Barriers to Operational Activity

Advance notification and approval.

Regarding Local NGOs: The Ministry of Interior (MoI) has issued guidelines relating to activity notification. If local NGOs are conducting activity in a province other than where they are registered, then the local authority needs to be informed five days in advance. In some provinces the guidelines are interpreted as directives that mean that approval for activity is required by provincial authorities. \
Regarding INGOs: Article 2 of the Memorandum of Understanding (MoU) requires INGOs “to carry out its humanitarian projects in other locations or provincial cities upon due approval of relevant governmental authorities based on government priorities.” Article 18 requires INGOs to work “in close consultation with counterpart government institutions and local authorities to implement the approved projects or programs.” In particular, INGOs must inform counterparts when assigning a consultant to work in the field or requesting visa extension for an expert to complete the job.

Political activity. Currently NGOs and INGOS are required “to refrain from activity in support of Political Parties.” There is concern that political activity will be subject to broader restrictions under any new legislation.

Reporting requirements. INGOs are required to provide both quarterly reports and annual reports.

Government harassment. There is growing concern that the RCG is increasingly applying pressure and intimidation on people in the communities NGOs work with and also directly on NGOs and their staff. This is particularly evident where NGOs are conducting activities relating to the protection of land rights of the poorest communities in urban and rural areas, natural resources management, and the promotion of the freedoms of expression, assembly and association. In such spheres of activity, the Government has acted to arbitrarily restrict the freedom of movement and the freedom of assembly and expression. Examples of state action include:

Permission needed for community members to travel (even between villages);
Meetings monitored by police and state authorities;
An increase in the frequency of arrests, charges and detention of NGO representatives and community members;
Threats against communities that engage with NGOs;
Photographing meeting participants;
Requesting names/contacts of meeting participants; and
Police disturbances of activities in meetings.

Barriers to Speech / Advocacy

There are a number of legal avenues used by the courts to curtail the freedom of expression in the country, namely through charges of defamation, disinformation and incitement. [These legal avenues are found within the UNTAC Code (Provisions relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia during the Transitional Period).] According to one NGO representative: “The ruling party has embarked on a campaign to crack down on freedom of expression and suppress the parliamentary opposition, the news media, the legal profession and, to some extent, NGOs. At the center of the campaign is the government’s misuse of the courts to file unjustified criminal charges against its critics.” [1]

According to an October 2009 statement made by the Special Rapporteur on Human Rights in Cambodia to the Human Rights Council, the defamation laws of Cambodia have gone beyond what is a permitted level of restriction on freedom of expression under the 1966 International Covenant on Civil and Political Rights to which Cambodia is a party. A series of defamation and disinformation suits were brought primarily by high-ranking government officials against opposition journalists and editors, opposition Parliamentarians and human rights defenders in 2009.[2]

[1] Tom Lantos Human Rights Commission Hearing on Cambodia, September 10, 2009.Testimony by Dr. Chhiv Kek Pung, President & Founder, Cambodian League for the Promotion & Defense of Human Rights (LICADHO).

[2] See statement of OHCHR Cambodia Office of 5 August 2009:
http://cambodia.ohchr.org/WebDOCs/DocStatements/2009/082009/OHCHR%20Statement_defamation%20cases_050809E.pdf

Barriers to International Contact

There are no legal barriers limiting international contact or communication.

Barriers to Resources

There are no legal restrictions inhibiting either domestic or foreign funding. In terms of spending, there is a guideline limiting the amount spent for administration to a maximum of 25% of funding.

Reports

UN Universal Periodic Review Reports	Universal Periodic Review: Cambodia
Reports of UN Special Rapporteurs	Cambodia
USIG (United States International Grantmaking) Country Notes	Not available
U.S. State Department	2010 Country Reports on Human Rights Practices: Cambodia Advancing Freedom and Democracy Reports, 2010: Cambodia
Failed States Index Reports	Foreign Policy: Failed States Index 2011
IMF Country Reports	Cambodia and the IMF
International Commission of Jurists	Not available
International Center for Not-for-Profit Law Online Library	Not available

News and Additional Resources

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

Cambodia election reforms still falling short, despite progress (April 2012)
Cambodia is making progress with how it runs elections, but the country has a long way to go before its elections gain widespread international approval, a European Union representative said at an EU-sponsored workshop on human rights and democracy in Phnom Penh. One topic discussed was how an independent body to oversee elections would be an important step forward. Currently, Cambodia does not have any law in place allowing for the creation of a separate independent body to oversee elections. (Read more)

Cambodian government sparks outrage by picking NGO representatives for ASEAN Summit (March 2012)
The Cambodian government chose representatives from two NGOs to send to the annual meeting between civil society groups and regional leaders at the ASEAN summit in Phnom Penh in April. However, most Cambodian NGOs believe that the selection process was unfair and biased, and have stated that the government has prevented mainstream organizations and critical voices from being heard on an international stage. They claim that the organizations nominated by the government are obscure and unheard of in civil society circles and that the two organizations were selected because they are likely to be supportive of government views. As it turns out, the two selected NGOs were handpicked by the government seven months before the “open vote” to select the Cambodian NGO representatives took place in March. (Read more)

Government makes U-turn on NGO law (October 2011)
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. (Read more)

Cambodian draft law on NGOs may breach international pact, UN rights expert warns (October 2011)
A Cambodian draft law making registration of associations and non-governmental organizations (NGOs) mandatory and banning unregistered groups, risks breaching an international treaty, a United Nations rights expert warned today, calling on the Government to review it.“The current draft NGO law contains a set of problematic provisions, raising concerns over a potential negative impact on Cambodian citizens’ democratic participation in furthering the development of their country,” UN Special Rapporteur on the rights to freedom of peaceful assembly and of association Maina Kiai said in a news release, noting that it could violate the International Covenant on Civil and Political Rights (ICCPR). (Read more)

Cambodia’s draft law on NGOs deserves further review – UN expert (September 2011)
An independent United Nations human rights expert today urged the Cambodian Government to carefully review a draft law that may hamper the work of non-governmental organizations (NGOs) in the South-east Asian nation. “The Government of Cambodia should not proceed with the draft NGO law in its present form,” Surya P. Subedi said as he presented his annual report to the UN Human Rights Council in Geneva. (Read more)

Cambodian Minister’s Letter Proposes Crackdown on NGOs (September 2011)
A letter signed by Cambodia's finance minister suggests the government should act against relief groups that have been advocating on behalf of displaced villagers. The June 17 letter to Prime Minister Hun Sen, obtained by VOA's Khmer service, suggests the government “nullify the eligibility” of the NGOs. It says the main goal of the groups is to cancel work on a major upgrade of Cambodia's railways that would link much of Southeast Asia to Kunming, China. (Read more)

Groups urge UN to mull funding Cambodia NGO law (September 2011)
Ten international human rights groups have raised concerns in a letter about a draft law in Cambodia which they say will allow the government to shut down aid agencies. The letter addressed to the heads of 17 U.N. agencies, urged them to press the Cambodian government not to enact the law, which is being considered by the Council of Ministers, and to think about a funding freeze for programmes involving state agencies if the law is adopted in its current form. Cambodia relies on foreign aid to cover as much as 60 percent of its spending. (Read more)

International Experts Add to Worries on NGO Law (August 2011)
Development experts warn that the government’s draft law on NGOs remains restrictive and will hamper future development if it is not corrected.“The law is still problematic and the comments that were brought forward by the NGO community and associations, some of them were not entirely picked up,” said Borithy Lon, executive director of the Cooperation Committee for Cambodia, a consortium of non-governmental agencies.Borithy Lon said those concerns include provisions for registration, which must be completed before an organization can operate in the country, making it open to government interpretation. The draft is also unclear on punishments for NGOs and recourse for legal action against them, he said. The NGO law moved to the Council of Ministers for approval in July, after which it must be debated by the National Assembly and the Senate. (Read more)

Silencing Cambodia's Honest Brokers (August 2011)
This year is the 20th anniversary of the Paris peace accords that ended the Cambodian war and any further threat from the murderous Khmer Rouge. It required all the major powers — the United States, leading European countries, the former Soviet Union and China — as well as most Asian nations to come up with an accord, a rare achievement. In a speech last week, Gareth Evans said that during his eight years as the Australian foreign minister “nothing has given me more pleasure and pride than the Paris peace agreement concluded in 1991.” (Read more)

Civic Groups Warned to ‘Readjust’ Their Work (August 2011)
A coalition of non-governmental organizations says it received a warning from the Ministry of Foreign Affairs to “readjust” some of their work, following a controversy over land rights along a railway line development.The NGO Forum said Monday it is preparing a response letter to the ministry, after it wrote a letter to the Asian Development Bank in 2010 warning of dangerous construction on a line slated for rehabilitation. (Read more)

Cambodia suspends German-funded NGO that lobbies for urban poor (August 2011)
A collective of more than 30 civil society bodies and umbrella groups on Thursday condemned a decision to suspend a local non-governmental organization that advocates for the urban poor in Cambodia.Earlier the government confirmed it had ordered Sahmakum Teang Tnaut (STT) to suspend operations for five months starting August 1, citing its failure to file certain documents.However the civil society collective said there appeared to be no legal basis for the suspension, and demanded it be reversed. (Read more)

‘Worrisome’ NGO Law Moves to Council for Approval (August 2011)
Non-governmental agencies continued to express concern over a proposed law to regulate the sector on Tuesday, as the draft moved closer toward approval for debate.The government says it needs the NGO law to better manage the thousands of organizations operating in the country, but critics say it will hamper their work and make it harder for smaller associations to form. (Read more)

Cambodian Rights Group Urges Defeat of Proposed NGO Regulations (August 2011)
The Cambodian Center for Human Rights has joined a growing list of rights groups calling on lawmakers in Phnom Penh to stop government-proposed legislation regulating non-governmental aid organizations. A CCHR statement Thursday said the grouping fears the legislation in its present form will be used by the government as "a tool to repress groups" that disagree with the views of the government and views of Prime Minister Hun Sen's Cambodian People's Party. (Read more) Read the Statement here.

NGOs in Final Bid to Change Controversial Draft Law (June 2011)
International and local organizations met over a conference call on Tuesday in a final effort to push for changes to a controversial draft law to regulate the NGO sector before it moves to the next stage of approval. The groups say they want changes to a third draft of the law, which they fear will hamper their development efforts and leave them open to government interference. The law is expected to move from the draft stage at the Ministry of Interior for approval by the Council of Ministers in the near future. (Read more)

Cambodia Lags on Land, Freedom of Speech Rights, Says UN Official (June 2011)
The United Nations Special Rapporteur for Human Rights in Cambodia Surya Subedi wrapped up his fifth visit to Cambodia on Friday expressing concern about the lack of progress on land rights and freedom of speech in the country. The main purpose of the visit - his fifth --was to assess how well parliament functions in upholding the rights of ordinary Cambodians.On that score, he said that while human rights had improved in some areas, it had noticeably failed to do so in others such as land rights and freedom of speech. (Read more)

Draft of NGO Law Withheld (June 2011)
Cambodia is expected to push ahead with a controversial law closely regulating nongovernmental organizations despite concerns by human rights groups that the legislation will severely restrict NGOs from operating freely within the country. The Cambodian government has made amendments to a second draft of the law based on feedback from NGOs but has not made them public. NGOs say they fear the third draft does not incorporate significant changes proposed in consultations with the government over the previous version of the law. (Read more)

NGO pressure mounts (May 2011)
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. (Read more)

Western donors must stand up to Cambodia's government (May 2011)
More than a month has passed since the Cambodian government released the second draft of the hotly debated law on associations and NGOs, and all is quiet on the legislative front. While it's too early to tell whether this is a positive sign, there are clues that it might be. Many expected that the government would push the law through the national assembly immediately after the release of the second draft, as has been done in the past with other controversial legislation. But this has not happened. The current silence follows the uncharacteristically loud and unified outcry from local and international civil society organisations in early April. The draft law was universally condemned as the most significant threat to civil society in years. Even Cambodia's big foreign donors chimed in, most notably the US, which publicly stated that passage of the law in its current state could threaten aid money. (Read more)

Government Plans to Tighten Noose Around Civil Society (April 2011)
A proposed law governing NGOs in Cambodia will impose severe restrictions on civil society groups and tighten control over public discourse, critics in this South-east Asian country say. International analysts and local groups have widely condemned Cambodia’s draft Law on associations and non-governmental organisations, arguing the proposed rules foist unnecessary restrictions on freedom of expression. (Read more)

Evictions, NGO Law High Among Donor Concerns (April 2011)
Cambodia’s donors on Wednesday raised a chorus of concern for forced evictions and a controversial law to regulate NGOs, as they met with government partners to discuss upcoming aid packages. The groups met in Phnom Penh to discuss development plans, foreign aid pledges and Cambodia’s development needs for 2012. Donors pledged more than a billion dollars in aid to Cambodia last year. (Read more)

Groups Unite To Push Changes to NGO Law (April 2011)
More than 300 local and international organizations have now joined cause in opposition to a controversial draft law to regulate NGOs.The groups said in a statement the law threatens civic freedoms and could curtail the activities of NGOs that are critical to the development of the country.“NGOs and Associations stand ready to use our democratic rights to express our discontent through democratic and peaceful means,” the groups said. “The draft law we now see before us is unacceptable, and we cannot support it in its current form.” (Read more)

NGOs condemn new Cambodia law (April 2011)
Cambodian civil society groups and international NGOs have condemned a proposed new law that they claim will seriously curtail their activities.Human Rights Watch, Amnesty International, Forum-Asia, Global Witness, the Federation of Human Rights Watch, Christian Aid, VSO and Save the Children, along with Cambodian farmers and indigenous rights groups, are among the organisations calling on the Cambodian government to withdraw the draft law, which will require all civil society groups working in the country to register in order to work, and appears ambiguous over rights to appeal. Local organisations will be required to have a specific number of members, will need to be headed by a Cambodian national, which will exclude refugees from forming an association and send the government annual reports.The organisations are also calling on international donors to publicly express their opposition to the legislation. (Read more). The text of the NGO Statement is available here.

Donors Asked to Withhold Aid Over Proposed Law in Cambodia (April 2011)
A proposed law to control nongovernmental groups in Cambodia threatens to silence some of the last independent voices in an increasingly repressed nation, a group of leading international human rights agencies said Thursday. Calling the proposal “the most significant threat to the country’s civil society in many years,” the agencies urged foreign nations and aid groups to oppose the law, which they said would undermine much of the nation-building work the donors have supported at a cost of billions of dollars. (Read more)

Government Officials Defend Need for NGO Law (March 2011)
Cambodian officials continue to defend the need for a law on NGOs, saying the sector has grown too large and has gone unregulated for too long. Critics of the draft law on NGOs, which will regulate the registration and activities of thousands of non-governmental entities across the country, will impede their work and open the possibility for extrajudicial abuse. (Read more)

Criticism is not a crime, UN tells Cambodia (February 2011)
The UN special rapporteur for human rights in Cambodia on Thursday voiced disquiet about a crackdown on freedom of expression in the country and the growing problem of land rights violations."I am concerned about the narrowing of space for the people to express their views peacefully and without fear, including those belongings to different political parties," Surya Subedi said at the end of his fourth 10-day fact-finding mission to the country. (Read more)The text of the end-of-the mission statement is available here.

NGO law talks not over: US (February 2011)
The government has committed to further consultation with civil society on its controversial draft NGO law, a visiting United States State Department official said yesterday, though Cambodian government officials did not provide a clear road map of their plans. Daniel Baer, deputy assistant secretary in the bureau of democracy, human rights and labour at the US State Department, wrapped up a multi-day visit to Cambodia yesterday, which included meetings with government officials, trade union leaders and civil society.

Talks on NGO law ‘broken’? (February 2011)
A Ministry of Interior official who has been central to the drafting of the government’s NGO law lashed out today at a United States diplomat for comments he made about the controversial legislation on a visit this week, while talks with NGOs continued at the Ministry of Foreign Affairs.

Opposition Party Wary of Revamped NGO Law (February 2011)
Despite concessions made in the drafting of a law to govern NGOs, officials from the main opposition Sam Rainsy Party say the legislation still risks limiting freedoms and can be a setback to good governance.The NGO law is being drafted by the Ministry of Interior and contains provisions for the regulation of the non-governmental sector. But critics warn that it can bog down organizations in red tape and could limit their functions or efficiency. (Read more)

Cambodia/Thailand: Border dispute displaces up to 30,000 (February 2011)
NGOs working along the Thai-Cambodian border are monitoring clashes between the two countries near a disputed temple and are extremely concerned about the reported displacement of up to 30,000 people. (Read more)

Ministry Accepts Many NGO Changes to Draft Law (January 2011)
The Ministry of Interior has accepted most of the recommendations from the non-governmental sector as it moves forward with a draft law on governing NGOs, although some concerning provisions remain, officials said Thursday. Organizations had said they worried the new law, which seeks tighter regulations of the sector, would inhibit the growth and develop of the country by making it difficult for NGOs to both form and operate. (Read more)

The minutes of the recent strategic meeting on the NGO law in Cambodia can be found here.

Conviction of Sam Chankea is an attack on freedom of expression, says Article 19 (January 2011)
Article 19 and the Cambodia Center for Human Right (CCHR) condemn the defamation conviction of Cambodian human rights defender Sam Chankea. Chankea has been found guilty by the Kampong Chhang Provincial Court of defaming the work of KDC International, a company owned by the wife of the Minister for Industry, Mines and Energy. Today's ruling is a stark reminder of the shrinking space for Cambodians to exercise their right to freedom of expression in the country. (Read more)

Debate urged on NGO law (January 2011)
Four civil society umbrella organisations yesterday urged the government to make Monday’s consultation the beginning – rather than the end – of public debate on its controv ersial draft NGO law.In a statement yesterday, the Cooperation Committee for Cambodia, NGO Forum, Medicam and the Cambodian Human Rights Action Committee – representing more than 400 local and international NGOs working in Cambodia – called on the government to incorporate their recommendations into the law.It also requested the establishment of a joint government-civil society working group to make further revisions. (Read more)

Government stands by controversial NGO law (January 2011)
The government defended its controversial new draft NGO law in the face of mounting criticism and asked for input from civil society representatives at a consultation in Phnom Penh yesterday.At the meeting, Minister of Interior Sar Kheng reaffirmed the government’s commitment to passing the law and dismissed fears that it would be used to control Cambodian civil society groups.“If the government had a plan to threaten NGOs or associations, it would not need to have the presence of NGOs. The second reason is that if we planned [to threaten NGOs], there is no need for a workshop like you see today,” Sar Kheng said. “There are very few laws that we get to discuss in public.” (Read more)

Call for NGO law overhaul (January 2011)
Several hundred NGO representatives met in Phnom Penh yesterday to discuss concerns and recommendations regarding a controversial new draft NGO law, just days ahead of a consultation with the government on the issue. “Our aim today is to make one joint statement with a clear position,” said Lun Borithy, executive director of the Cooperation Committee for Cambodia. “If we protect only one tree, all the trees in the forest will be destroyed.” A draft statement dated Sunday and signed by 10 civil society organisations, states that after careful consideration of the law, they believe it is designed “to control rather than strengthen civil society; to remove civil rights; and to hinder the Cambodian democratic process”. (Read more)

Global Lessons for NGO Law (January 2011)
On December 15, the government finally made public a draft of its new NGO law, trumpeting it as a tool for fighting terrorism and crime, increasing transparency in the Kingdom’s vast NGO sector and regulating groups that are “working for the opposition”. As civil society workers across the nation brace for the law’s passage, local activists have voiced fears about the possible effects of the legislation. (Read more)

The foregoing information was prepared by ICNL's local partner in Cambodia.