CAMBODIA'S DRAFT NGO LAW

UNCLAS SECTION 01 OF 02 PHNOM PENH 000981 SENSITIVE SIPDIS DEPARTMENT FOR EAP/MLS AND DRL USAID FOR ASIA BUREAU E.O. 12958: N/A TAGS: PHUM PGOV PREL KJUS KDEM EAID CB SUBJECT: CAMBODIA'S DRAFT NGO LAW REF: PHNOM PENH 968 SENSITIVE BUT UNCLASSIFIED ¶1. (SBU) Summary: Prime Minister Hun Sen recently told the Council of Ministers in a public address that drafting an NGO law is a priority for the RGC. He indicated that the law may be used as a tool to fight terrorism, and to ensure that NGOs and their workers are paying appropriate taxes. Hun Sen added during his speech that, "NGOs have to insult the government in order to obtain funding." The government's plan to draft the law has some NGOs worried that the PM's intention may be to silence NGO human rights critics. While some NGOs argue that no NGO law is the best NGO law (in Cambodia),the law drafting process appears to be a fast-moving train. The RGC is reportedly requesting assistance in the law drafting process. End Summary. NGO Law to be Drafted in 2009 -------------- ¶2. (SBU) During a recent meeting Ministry of Interior (MOI) Undersecretary of State Sieng Lapresse told Pol/Econ Chief that the Cambodian government is determined to have an NGO law, and that he believes the law will be in its final draft stages by mid-2009. (Note: Sieng Lapresse has been tasked with drafting the law together with the MOI Legislative Unit. End Note.) Passing an NGO law during this mandate of the National Assembly was announced as a priority by Prime Minister Hun Sen during a September public address. This is the RGC's third attempt to draft an NGO law since the 1990s; during previous tries, NGOs and the international community discouraged consideration of an NGO law widely seen as a move to control NGOs instead of support them. Also, there is currently a procedure for NGOs to register in Cambodia; NGOs submit a registration form to the MOI and, if the MOI approves, it responds with an approval letter. Draft Law Shared With Embassy -------------- ¶3. (SBU) Sieng Lapresse shared a copy of the draft law (it is the same as a 2005 draft with a few minor changes) which states that NGOs shall not conduct activities for political parties; provides a process for NGOs to register with the Ministry of Interior; requires NGOs to have written rules for recruitment of staff, structure and roles of a governing body, and quorum for meetings of a governing body; and, requires NGOs to report to the MOI their activities, and income and expenses. While some NGOs stated that they feel threatened by the vagueness of the requirements in the draft, Sieng Lapresse acknowledged that the law does not specify the level of detail for reporting requirements. Vaguely citing concerns about terrorist activities, Sieng Lapresse said that the RGC wants to know NGOs' activities and the objective of their activities. He said that an MOI officer will have responsibility for monitoring activities through the reports. He added that NGOs would be expected to describe activities in as much detail as possible but that if they describe all details, monitoring could "get out of hand." He said that if NGO activities go beyond humanitarian or assistance programs, the MOI would "look into it." MOI Believes NGOs "Happy" About Law -------------- ¶4. (SBU) Despite chatter of concerns regarding the law among the NGO community, Sieng Lapresse stated that to him NGOs seemed happy with the idea of the law. He recently led an EU seminar session that involved a number of NGOs, including ADHOC, and said he received few questions about the law and left with the feeling that people seemed happy. He told Pol/Econ Chief that he had previously heard concerns that the law would force NGO funding to be channeled through a government ministry before being awarded to NGOs, and that NGOs would be prohibited from conducting activities for any political interests (including possibly democracy-building political programs). However, Sieng Lapresse explained that the law would not stipulate such measures. He noted the draft proposed that NGOs could not be associated with political parties. Comment Period Planned -------------- ¶5. (SBU) Sieng Lapresse said that the MOI plans to have a workshop on the law to solicit comments, and then possibly a second comments period before the draft is finalized. Sieng Lapresse said we could expect to hear about the scheduling of PHNOM PENH 00000981 002 OF 002 the first comment period during the first quarter of 2009. (Note: These plans apparently have not been communicated to the NGO community. End Note.) Request for Assistance -------------- ¶6. (SBU) Since the Prime Minister's September public address, Deputy Prime Minister and Minister of Interior Sar Kheng requested donor assistance in drafting the law or facilitating discussion with NGOs. Sieng Lapresse reiterated this request in more explicit terms. He also said that he had appreciated the research and input of a Howard University professor on Cambodia's draft law on peaceful demonstrations, and said that he would like similar help on the NGO law, if possible. In particular, Sieng Lapresse said he is hoping to obtain similar laws from other countries so that he can use those models to compare and draw ideas. He noted that if the U.S. would not provide assistance with the draft law, that the EU had already told him that they would assist, but Sieng Lapresse said he would prefer the help of the U.S. (Note: The Desk and DRL have already pointed Post in the direction of the NGO laws of Afghanistan and Japan as possible models. End Note.) A Measure to Combat Terrorism? -------------- ¶7. (SBU) When Hun Sen made his public remarks regarding the NGO law, he said, among other things, that the law is needed because, "terrorists might settle in the Kingdom under the disguise of NGOs." The draft includes an article stating: "A local association or non-governmental organization shall, by any means, be prohibited from receiving donations or assistance from terrorist organizations." No Change in Procedure for Int'l NGOs -------------- ¶8. (SBU) Sieng Lapresse confirmed that an NGO law would not change the registration procedures for international NGOs such as The Asia Foundation. Currently, international NGOs are registered with the Ministry of Foreign Affairs and International Cooperation. Comment -------------- ¶9. (SBU) The unanswerable question is whether an NGO law will be used to deny registration to Cambodian NGOs that are critical of the RGC over human rights abuses, corruption, impunity, and rule of law problems. However, we do not accept as fact that the intention of the RGC in drafting this law is to keep critical NGOs from working in Cambodia. It is possible that part of the resolve of the RGC stems from the 2007 creation of Kem Sokha's Human Rights Party which emerged through Kem Sokha's base of public support from his work with NGO Cambodian Center for Human Rights (CCHR),and allegations that Kem Sokha had used the NGO infrastructure to help establish and sustain the political party. It is also true that one of the Bali bombers was harbored in Cambodia by a foreign-funded Islamic school in 2003, proving that a seemingly benevolent organization in Cambodia could be a cover for terrorists (Reftel). The MOI's goal to have at least one public comments period is a positive sign. RODLEY