A/HRC/18/46
26.
The decision to adopt a law to regulate NGOs and associations is a critical initiative
which requires careful attention, given its long-term implications for the development of
Cambodian society - and in turn the country - itself. In the past two years, human rights
groups and other NGOs working to promote and protect the land and housing rights of the
poorest, sustainable development, or the constitutional rights to freedom of expression,
assembly and the press have been increasingly subjected to various forms of harassment
and intimidation, including restrictions on movement and freedom of assembly, verbal
threats, threats of legal action and, in some cases, criminal proceedings. Their efforts to
educate and advise local communities about their legal rights and how to exercise them
peacefully, through existing institutions, have increasingly been labelled as “incitement”
and have been associated with the political opposition.
27.
The Special Rapporteur was encouraged by the consultations on the draft law on
NGOs carried out by the Ministry of Interior with the concerned parties, and expressed
hope that this good practice will be replicated in other areas. However, for consultations to
be meaningful, the final draft of this law should incorporate appropriate suggestions made
during the consultations, so that the laws enacted will enable the concerned associations to
strengthen their activities rather than restrict them.
28.
At the time of writing, several aspects in the new draft still required careful
attention; also, there should be a wider consultation in order to address the issues of
concern raised by the NGOs themselves. An allegation letter, jointly sent on 13 May 2011
by the Special Rapporteur on the situation of human rights in Cambodia, the Special
Rapporteur on the situation of human rights defenders, and the Special Rapporteur on the
rights to freedom of peaceful assembly and of association, outlines concerns that the
provisions contained in the second draft of the law on associations and non-governmental
organizations (draft NGO Law) of Cambodia may hamper the legitimate work of NGOs in
the promotion of human rights. The Special Rapporteurs pointed out that the registration
process should be expeditious, easily accessible and inexpensive and the registering bodies
independent of the Government. In this regard, clear procedures and timelines for review of
applications should be established. The Government should guarantee the right of an
association to appeal against any refusal of registration, and that there be effective and
prompt recourse against any rejection of application, and independent judicial review
regarding the decisions of the registering authority. The Government should also not
criminalize or impose criminal penalties for activities in defence of human rights and for
participating in unregistered entities.
29.
An open, mutually respectful and constructive dialogue is necessary to jointly
develop an NGO law that would further promote the development of civil society in
Cambodia. While there is growing cooperation, there remain challenges, some of which
could be resolved through increased contact and discussion.
30.
In his letter of 24 August 2010 to the Prime Minister, the Special Rapporteur
recalled the Prime Minister’s positive response to his proposal for the creation of a
mechanism for meaningful and constructive cooperation between the Government and the
civil society in their meeting in January 2010 and emphasized the need to work together to
develop such a mechanism. To that effect, the Special Rapporteur forwarded a working
draft of a proposal jointly prepared by some 300 human rights organizations in the country
for the Prime Minister’s consideration.
31.
In response, the Special Rapporteur was pleased to receive assurances from the
Prime Minister that he had tasked relevant officials to make a thorough study of the points
presented in September 2010. In his letter, the Prime Minister also expressed his hope that
his colleagues and the Special Rapporteur could soon work out the way forward to address
issues of concern. During their meeting in February 2011, the Prime Minister pointed out
the need for participation by NGOs in such a mechanism to be truly representative and
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