Cambodian CSOs Advocacy on Legislation

Environment

Presented by: Mr. Mi Nac Coalition building, Advocacy and Networking

Manager, CCC

The Law on Associations and Non-Governmental Organizations, LANGO

- The three laws related to judiciary system were adopted by the single party (CPP) who won the 2013 election, while CNRP boycotted the NA

- Two laws related to electoral process recently adopted after the CNRP agreed to join the NA

- The government continued to introduce a series of controversial laws including: Trade Unions, Agricultural Land Use and Management, Cybercrime, Telecommunication, A2I, State Secret Law, NGO Law

INTRODUCTION

- No consistent practices on legislation drafting process

- Challenges remain for the fundamental human rights

- Roles of civil society and public undermined within the law drafting process

- 12 laws (different status) are in the recent agenda of the government

- Culture of dialogue of the government is mainly for political gains

CURRENT LEGISLATION ENVIRONMENT

History of LANGO- Two consultations conducted on version 4 by the

Ministry of Interior prior to December 2011- No inputs from CSOs were addressed, more

controversial provisions in version 5- No official draft released by the gov’t since then- Version 5 adopted by the CoM in early June, 2

articles removed- CSO consultation workshop conducted on 07 July- NA Consultation on LANGO conducted on 08 July

LAW ON ASSOCIATIONS AND NGOs

History of LANGO (Cont’d)- Version 6 adopted by the NA on 13 July, with slight

revisions and senate adopted on 24 July 2014.- LANGO is now reaching the Constitution Council of

Cambodia- International community’s positions on LANGO- CSOs’ positions on LANGO

• Say No to LANGO and Trade Union Law

• Current version of LANGO is unacceptable- Political parties’ positions on LANGO

LAW ON ASSOCIATIONS AND NGOs

Key Implications of the Current LANGO

• Article 2 limits an association or NGO to work and contribute to only social development.

• Article 8 provides sole authority to the Ministry of Interior to deny registration of a domestic association or NGO.

• Article 9 imposes mandatory registration requirements and criminalizes unregistered groups, organizations that are not registered are not allowed to conduct any activity;

LAW ON ASSOCIATIONS AND NGOs

Key Implications of the Current LANGO (Cont’d)

• Article 24 requires all domestic NGOs, foreign associations and foreign NGOs to be neutral toward all political parties in the Kingdom of Cambodia.

• Article 25 imposes strong reporting requirements for both domestic and foreign associations/NGOs

• Article 35 has vague grounds for termination of foreign associations and foreign NGOs – this allows subjective interpretation, which may violate the freedoms of expression and association………

LAW ON ASSOCIATIONS AND NGOs

Key Advocacy Activities of CSOs Against LANGO

• Stop and Consult Campaign

Domestic Campaign

International Campaign

• LANGO in its current form is unacceptable

• Say No to Union, Association

and NGO Laws Campaign

LAW ON ASSOCIATIONS AND NGOs

Update the analysis based on the later versions Awareness on Impact of LANGO & its consequences

of LANGO Engage in Guideline for Implementation Support Non-cooperative group (set up group….) Capacity Building/Capacity development for CSOs in

policy development process Monitoring the implementation of LANGO Call for the Amendment (Amend Me Platform)

4. What will be done next?

Like and share the Stop and Consult Facebook Sharing the implications of LANGO to your

stakeholders Endorse the Joint Statement to say no to the

current version of LANGO and call the Senate to reject the draft LANGO

Actively participate in the next advocacy activities of CSOs

Keep your eyes on the journey of LANGO Others possible ways

5. How can you participate?

THANK YOU!