Cooperation Committee for Cambodia

Wednesday, 04 January 2012 00:00 |

Latest news on Law on Associations and Non-Governmental Organizations

The Cambodian government has expressed its intention to enact a Law on Associations and NGOs (LANGO) since 2008. Since then CCC, in collaboration with other umbrella organisations and NGO networks in-country and globally have been working closely together to monitor the processes of drafting the law while at the same time facilitating dialogues and timely information sharing with all parties concerned (the NGO community, the donor community and the government) on this important issue.

On 15 December 2010, the Ministry of Interior released the first draft law with an invitation to many NGOs to attend a national consultation on 10 January 2011. CSOs then responded with comments and recommendations. The second draft of the LANGO was released on 24 March 2011 to which CSOs once against submitted recommendations. The third draft of the LANGO was released to the public on 29 July 2011.

The third draft had not changed substantially from the second draft and the proposed legislation continued to be a restrictive one that would shrink the democratic space for civil society and grant far-reaching power to government authorities to control the rights of citizens to organize and express themselves. The Council of Ministers sent the third draft back to the Ministry of Interior (MOI) on… for further review on (insert date) On 12 December 2011, the fourth draft of the LANGO which introduced improvements over the third draft was released to the public and the government organized a consultation with CSOs on 19 December 2011. Despite those improvements, however, the fundamental defects of the previous drafts remain; most notably, the draft LANGO continues to improperly restrict citizens’ freedom of association, a right guaranteed by the Cambodian Constitution. In addition, the fourth draft imposes new, significantly more onerous provisions for international NGOs (INGOs) working in Cambodia.

On 28 December 2011 the prime minister announced publicly that the Law on Associations and Non-Governmental Organizations will continue with further consultations until both the government and CSOs reach a consensus that the law is enabling and practical for both sides and that these consultations can last until 2014 if necessary.

For further information on the LANGO see below:

CCC’s Engagement on the LANGO

Since 2008, when the RGC announced its intention to introduce the LANGO, CCC has been deeply involved in this issue. It is well known that the entire NGO community will be affected by the legislation and it has been a priority for CCC to facilitate and co-ordinate civil society’s concerns and responses in partnership with NGO Forum, Medicam and CHRAC.

CCC has engaged NGO leaders, representing all sectors at the local and national level, and from both the national and international NGOs. The issues and approaches have been discussed with NGOs and other stakeholders in a variety of forums; there has been strategic dialogue and opportunities promoted for civil society to influence the development of this legislation.

The LANGO in Cambodia comes at a time when there is an increased focus on governance issues for NGOs at a global level. The reasons for this come from the Aid Effectiveness agenda (see link) coupled with the global recession. More than ever, NGOs have to prove that they can be effective stewards of development funding and deliver programmes that are truly accountable to the communities they serve.

CCC has responded to these different demands for good governance with the focus on transparency and accountability, through a series of regional workshops. This agenda includes Aid Effectiveness, the NGO GPP (see link) and the LANGO. This has provided valuable space for discussion and learning about the LANGO. CCC also used this opportunity to establish a regional Focal Group of representatives from local NGOs to ensure good communication and linkage between provinces and Phnom Penh based activity.

Other activities on the issue have included high level strategic workshops, dialogue with development partners, and links with international organisations including CIVICUS, the International Federation for Human Rights and Human Rights Watch. The issue has also been discussed with the UN Special Rapporteur for Human Rights, Dr Surya Subedi.

For further information on the LANGO please refer to the linked documents below:

1. Briefing: Benchmarks for a law that meets International Standards/Principles

2. Power Point: Benchmarks for a law that meets International Standards/Principles

3. Briefing: International Best Practice for NGO and Association legal reform process

4. International Principles for Protection of Civil Society

5. Tool for analyzing draft law and comparing to existing requirements/framework

6. Not For Profit Law checklist (ICNL)