1. Presented by: Mi Nac Coalition building, Advocacy and Networking Manager of CCC

2.  Draft of the Law on Associations and Non- Governmental Organizations (“LANGO”) released by the Ministry of the Interior to the public on 12 December 2011.  The Constitution of Cambodia, the Civil Code of Cambodia, and international documents and protocols, such as the Universal Declaration on Human Rights, the International Covenant for Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.

3.  The review is based on an analysis of the fourth draft of the LANGO by international and domestic NGOs and INGOs operating in Cambodia.  International Center for Not-for-Profit Law and other international partners.  A meeting and consultation so far at both National and Sub-national level.  Prime Minister announced to pass next month...

4.  Registration: In accordance with the Constitution, registration should only be required for domestic NGOs and associations that wish to gain status as a legal entity and/or take advantage of the benefits of registration, such as the ability to import materials tax-free.  Absence of Guidelines for Deciding on Registration: The draft law does not provide sufficient guidance as to the basis on which an association or NGO may be denied registration or a memorandum of understanding.

5.  Inadequate Standards for Suspension and Dissolution: The draft law provides for involuntary suspension or dissolution of an association or NGO, but provides neither the grounds on which such penalties may be imposed nor any guidance as to the circumstances under which those penalties should be ordered. The draft law also fails to provide any clear right to appeal a decision of suspension or dissolution.  Barriers to Operation of Foreign NGOs: The fourth draft includes new provisions that will severely limit the scope and activities of INGOs. Administrative costs, which are defined as including all staff salaries, are limited to 25% of the total budget. Furthermore, the fourth draft empowers MoFAIC to terminate an INGO’s MoU if its activities are considered to “jeopardize peace, stability and public order or harm the national security, national unity, culture, customs and traditions of the Cambodian national society.”

6.  Community Based Organizations (CBOs): An improvement in the fourth draft, which allows CBOs to operate without registration, is overshadowed by the limitation that such groups may only operate within the confines of “their community,” potentially limiting them to a single commune.  This definition of CBOs is too narrow and excludes numerous groups, informal associations and networks that work beyond the boundaries of a single commune; it also violates the Cambodian Constitution, which explicitly allows every Cambodian to participate actively in the affairs of the nation.  Although CBOs are no longer required to register at the MoI, they are required to provide notice to commune/sangkat; in practice, this may be treated as a requirement for permission by local officials.

7.  Convene several meetings with provincial networks to build partnership and share information.  Convene several meeting with alliance and sectoral networks to build partnership and share information.  Conduct field visit to the partners and networks to build more relationship and sharing information.  Coordinate and sign MoU with other partners to build more trust and create an inclusive partnership.  Develop action plan and joint activities [joint statement, campaign, press release…]

8.  Coordinate a meeting with relevant ministries for discussion on the draft LANGO as they are the ministries that initiated the Law.  Continue to engage and discuss with the Council of Minister as the law will be submitted for review and approval by this institution before submitting the Law to the national assembly.  Continue to engage and discuss with National Assembly as the law will be submitted for review and approval by this institution before submitting the Law to the Senate.  Continue to engage and discuss with Senate as the law will be submitted for review and final approval by this institution before submitting the Law to the King.  Coordinate a meeting and share the concern of CSOs regarding to LANGO and seek the advice and support from the King.

9.  Coordinate a meeting with relevant ministries for discussion on the draft LANGO as they are the ministries that initiated the Law.  Continue to engage and discuss with the Council of Minister as the law will be submitted for review and approval by this institution before submitting the Law to the national assembly.  Continue to engage and discuss with National Assembly as the law will be submitted for review and approval by this institution before submitting the Law to the Senate.  Continue to engage and discuss with Senate as the law will be submitted for review and final approval by this institution before submitting the Law to the King.  Coordinate a meeting and share the concern of CSOs regarding to LANGO and seek the advice and support from the King.

10.  Update CSOs database for faster information sharing to all CSOs at national and sub-national level.  Update information through Facebook “Cooperation Committee for Cambodia” and twitter page “CCC_Cambodia” for sharing information on the Law, stimulating comment and feedback from various sources.  Develop flyer weekly or monthly on LANGO and sharing by social media.  Coordinate several meeting with other page owners and youth networks to build connection and continue to sharing make this information more publicly.  Publish our concerns through print medias and sharing information through radio talk show.

11.  Share information on LANGO in regional and global events to share the case of Cambodia in order to influence the process of policy development in Cambodia.  Collaborate with other expert organizations and lawyers to analyze the draft of LANGO and come up with concrete recommendations.  Consolidate the recommendations in the “common voice” of CSOs and submit to Royal Government of Cambodia.  Consolidate the recommendations in the “common voice” of CSOs and submit to UN Agencies, Embassies, EU, World Bank and other development partners.

12.  Train CSOs on re-registration modalities, filling registration form, and provision of supporting documents.  Work with different stakeholders to compile best cases of simple re-registration process and challenging cases with the application procedures.  Monitor the technical implementation of the law by collecting feedback from other cases of selective enforcement of the law.  Document selective use of the law and analysis of those selective cases and dissemination of this information to the core group and national and international networks.  Using the international platform to advocate such as ICNL, Forum Asia, Human Right Watch, UPR and other channels....

13.  Make official draft on Association and Non-Governmental Organization (LANGO) available to the public, and conduct wide, meaningful and transparent consultations with different stakeholders resuming the past practice of considering concerns, views and perceptions of our constituents and other members of the public on draft legislation.  Ensure that all provisions promote and protect civil society organizations including the right to expression, right to association, and embrace the opportunity to engage in constructive dialogue with all stakeholders to shape policy that serves the public benefit.  We also call development partners, media, academia, and follow citizens to communicate their concerns related to the draft law to the government, elected representatives, and other key stakeholders and to engage in dialogue about this law

14. Thank for you attention!

15. What strategy/activities?By whom?When?