Last-Ditch Bid To Stop NGO Law

Opposition leader Sam Rainsy will meet with representatives of civil society at the National Assembly today to discuss the draft law on associations and NGOs. KT Photo: Fabien Mouret

PHNOM PENH (Khmer Times) – Civil society representatives will meet with opposition leader Sam Rainsy at the National Assembly today to express their alarm about legislation they fear will be used to silence them, the executive director of the Cooperation Committee of Cambodia said.

Soeung Saroeun also said they will lobby ministry officials and lawmakers from the ruling Cambodia People’s Party this week to reconsider the contentious draft law on associations and NGOs.

He said the message from the more than 150 domestic and international NGOs his committee represents will be simple: “It’s not necessary to speed up this legislation. It’s not necessary to pass this legislation now.” 

“Everyone agrees [the draft] is unacceptable,” Mr. Saroeun told Khmer Times.

Draft Law “Mild”

The government, however, says the legislation – which was approved by the Council of Ministers earlier this month and forwarded to the National Assembly for debate – is “mild”. 

And, after backing down from passing such legislation in 2011 following a backlash from NGOs, this time, it is sticking to its guns. 

“There is no reason at all to be afraid,” said Phay Siphan, a spokesman for the Council of Ministers. Compared to similar legislation in the US and the UK, [Cambodia’s] draft law is “very mild,” he told Khmer Times.

“We just want to see copies of audited financial statements and annual reports sent to donors [who fund the NGOs],” Mr. Siphan explained.

Opposition is coming from NGOs with “hidden agendas” who want to keep their activities and financing secret, the spokesperson added.  

“Why are they afraid of the law? The rule of law must apply to everyone,” he said, adding that the legislation could be “fully and comprehensively” debated on the floor of the National Assembly. 

“Chilling Effect”

Sok Sam Oeun, president of the Cambodian Human Rights Action Committee – which represents 21 NGOs – said that if the legislation is passed in its current form, it could create an atmosphere of constant threat. 

The draft gives the Interior Ministry too much power because that ministry is in charge of registering national NGOs and associations, and it can also suspend them, he explained.

Mr. Sam Oeun said the executive branch of government should not have the power to ban associations. “Courts should decide on this, not the Ministry,” he said. 

Political analyst and founder of the Khmers for Khmers social movement Kem Lay agreed that if the draft law passes in its current form it will have a chilling effect on NGOs. 

“Civil society will shrink and shrink and will become voiceless if the draft legislation passes as it is,” he told Khmer Times. 

Legislative Process

The National Assembly’s permanent committee – which sets the schedule for debating legislation – is expected to meet this week to discuss the draft law. 

CNRP spokesman Yim Sovann told Khmer Times that his party will discuss amending the draft with representatives of NGOs this week. 

Sam Rainsy, the party’s president, told Khmer Times last week that the CNRP will take a firm stand against the draft law.  

“We are opposed to all the controls proposed in the text of the draft, all the fussy aspects that are pretexts to prevent many things. We will support the demands of civil society. We will discuss [the draft law] seriously and firmly with the [ruling party],” said Mr. Rainsy. 

Mr. Siphan said the ruling party would listen to and respect the opposition’s views, but it would not be bound by them.