“Cambodia’s NGO Bill threatens a free and independent
civil society” – UN expert urges Senate to reject it
GENEVA (15 July 2015) – United Nations human rights
expert Maina Kiai today called on the Cambodian Senate to reject the draft Law
on Associations and Non-Governmental Organisations (LANGO) that “unequivocally
threatens the very existence of a free and independent civil society in
Cambodia.”
The NGO Bill will soon be examined by the Senate, after
being approved on Monday 13 July by the Cambodian National Assembly. The Bill
was unanimously adopted by the 68 parliamentarians belonging to the ruling
party, while the 55 parliamentarians in the opposition boycotted the vote.
“Should the draft law be adopted, any group advocating
for human rights, basic freedoms and good governance can be shut down and
criminalized. It will ultimately have a disastrous impact on Cambodian
citizens’ democratic participation in furthering the development of their
country,” the Special Rapporteur on the rights to freedom of peaceful assembly
and of association warned.
“I urge the Senate to reject entirely the Bill as it
falls significantly short of international human rights norms governing freedom
of association, in particular Article 22 of the International Covenant on Civil
and Political Rights* which Cambodia acceded in 1992,” Mr. Kiai said.
The Special Rapporteur highlighted that, under the draft
law, the authorities can de-register local and international associations and
NGOs if they consider them as not ‘politically neutral’. They can similarly
deny registration on the vague grounds that the purpose and goal of the
associations or NGOs ‘endanger the security, stability and public order or jeopardize
national security, national unity, culture, traditions, and customs of
Cambodian national society’. Associations and NGOs operating without
registration in Cambodia will face criminal liability.
“Equally troubling is the fact that there was no meaningful
and transparent consultation with civil society throughout the drafting
process. Despite repeated requests from a wide range of stakeholders, no draft
was publicly released for several months until after the text was already
approved by the Council of Ministers and submitted to the National Assembly.
The half-day ‘National Workshop on Understanding the Draft LANGO’, convened by
the National Assembly on 8 July 2015, did not allow for meaningful substantive
exchanges on the detailed content of the draft”, Mr. Kiai underscored.
“Transparency, public participation and accountability
are the bedrock of any legislative process in a democratic society,” the human
rights expert stressed.
“More than ever, I reiterate my offer of assistance to
the Government and legislator, made on numerous occasions since the beginning
of my mandate in 2011, to help ensure that the draft law complies with
international human rights law,” the Special Rapporteur noted. “It is not too
late to reverse the course of action.”
Mr. Kiai’s present appeal has been endorsed by the
Special Rapporteur on the situation of human rights defenders, Michel Forst,
and the Special Rapporteur on the promotion and protection of the right to
freedom or opinion and expression, David Kaye.
(*) Check the International Covenant on Civil and
Political Rights:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx
ENDS
Mr. Maina Kiai (Kenya) was designated by the UN Human
Rights Council as the first Special Rapporteur on the rights to freedom of
peaceful assembly and of association in May 2011. Mr. Kiai has been Executive
Director of the International Council on Human Rights Policy, Chair of the
Kenya National Human Rights Commission, Africa Director of the International
Human Rights Law Group, and Africa Director of Amnesty International.
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity. Learn
more, log on to:
Freedom of association:
http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx
Human rights defenders:
http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx
Human rights in Cambodia:
http://www.ohchr.org/EN/HRBodies/SP/CountriesMandates/KH/Pages/SRCambodia.aspx
UN Human Rights, Country Page – Cambodia:
http://www.ohchr.org/EN/Countries/AsiaRegion/Pages/KHIndex.aspx
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