What is Cambodia’s Draft Law on Associations and NGOs?

The Cambodian government has drafted a Law on Associations and NGOs with the stated purpose of regulating civil society organizations. Civil society representatives consulted with the government on previous drafts; the latest version released is the fourth draft, from 2011.

Why are there concerns?

• Lack of transparency and opportunities for consultation:  As Hun Sen announces that the National Assembly will pass the Law soon, civil society has not been able to access the current version of the law and can only share concerns from the fourth draft from 2011. Without meaningful input of affected stakeholders, legislation may be detrimental to society.

The fourth draft includes concerning threats to freedoms of association and the ability of civil society organizations to support Cambodians, including:  

• Lack of safeguards for independent registration, suspension and dissolution: As the Cambodian Constitution provides for the freedom of association, granting of NGO registration for those who should be simple, neutral and transparent. However, the draft does not include a list of limited criteria on which registration can be denied, nor a fair appeals process. Moreover, the draft gives the government power to suspend or dissolve an association or NGO, but does not specify the grounds for such an action. Thus, organizations who support Cambodians who are critical of the government may face discrimination and lose the ability to legally operate.
• Limitations on international NGOs’ (INGO) ability to operate and implement effective programs: A proposed maximum percentage of INGO budgets that can be used for staff salaries and administration costs would threaten the ability of effective organizations and projects to continue. Additionally, the proposed ability of Ministry of Foreign Affairs to terminate a of INGOs that “jeopardize peace, stability and public order or harm the… national unity… of the Cambodian national society” could see NGOs expelled who support Cambodians who are critical of the government. The result could be reduced NGO and donor support to Cambodian citizens.
• Limitations on grassroots groups’ operations: While the fourth draft is positive in allowing community-based organizations (CBOs) to operate without registration, it limits their scope to their community. This could limit the ability of grassroots networks to feely operate – whether across communes or nationwide.