Week 580 – Sunday,2008-10-05: “Cambodia is a Rule-of-Law Country”

The Mirror, Vol. 12, No. 580

During a general policy speech on 26 September 2008, the Prime Minister spoke about some necessary consequences of the fact that Cambodia is a rule-of-law country. Therefore also a law to control civil society organizations will be adopted during this term, as it is necessary for the government to know also “the origin, resources, and the activities of those organizations.” Drafts for an NGO law have been discussed even longer than the so far inconclusive discussion about an anti-corruption law.

The Prime Minister had also stated again that the government is strongly committed to organize and to adopt an anti-corruption law. This long standing issue attracts also International attention.

Also the Chinese news agency Xinhua had referred on 25 August 2008 to it, reporting, “‘We have finished the (anti-corruption draft) law. When the penal code is approved, we will submit the anti-corruption (draft law) to avoid any changes,’ Khieu Kanharith, Information Minister and government spokesman, was quoted as saying at a press conference… The decision to turn over the draft law to the assembly will likely be made at the first cabinet meeting of the new government, which is scheduled to be formed shortly after National Assembly convenes on 24 September 2008,’ he added.” And Xinhua continued, “Anti-corruption legislation first reached the assembly in 1994 but has never been passed.”

Shortly before the former German ambassador to Cambodia left the country, he was quoted in a press report to have expressed the frustration of the European Union:

“’International donors are increasingly impatient with delays in implementation of a long-awaited anti-corruption law,’ German Ambassador to Cambodia Pius Fischer said Tuesday [22.1.2008].

“’We strongly advocate the fight against corruption and the early adoption of an anti-corruption law in Cambodia,’ he said after addressing a seminar on EU-Cambodian relations in Phnom Penh.

“’We cannot debate any longer. For 10 years the royal Cambodian government has discussed a law against corruption. Now is the time to act and implement that law.’

“Fischer also warned that implementation was as important as the law itself, and donors would be happy with no less than a politically independent anti-corruption body which can ‘locate, integrate and develop cases against corruption.’”

When the government now turns the attention on civil society, the response by the director of the Cambodian Human Rights and Development Association – ADHOC – represents probably the position of many non-government organizations, when he said, “Since more than 10 years, non-government organizations do their activities in Cambodia. They are thoroughly monitored by donors through audits by independent companies working according to international standards… Are civil society organizations afraid of such a law? No.”

But he added that if the government wanted not only to be informed, but to be involved in administering non-government funds – channeling their transfer not just through banks, but through the bureaucracy of the Ministry of Finance – that would be problematic, especially if the government would also impose that civil society cannot be involved in politics – without clearly stating what it defines as political activities. Was this also to stop the activities of organizations working to strengthen democracy and human rights? Is this not to be involved in politics?

Also the president of the Cambodian Center for Human rights expressed his concern – in the Cambodia Daily – that “many NGOs would wind up taking the ‘easy way’ by becoming ‘government friendly’ – which would be a ‘horrible mistake.’ If they want transparency, they should do the same for the Cambodian people.” He added in response to the assertion “that NGOs were stepping out of line to influence government policy,” saying: “That was precisely what NGOs were meant to do… If they are not doing that, then how can they cause any change?” – The best use of an NGO law would be to protect NGOs form the government, the report concludes.

Also the opinion that NGOs are mainly to provide humanitarian assistance, and therefore other activities should be put under the control of a strict law, would hinder the mature development of any democratic society, which depends on the activities of civil society organizations.

Non-government organizations, influencing politics and bringing about legal and social change have a long history – they were important in the anti-slavery movement, in the movement for women to gain political rights and the vote like male citizens, and hey played an important international role for the World Disarmament Conference in the 1930ies, later, ecological movements joined. With the establishment of the United Nations Organization in 1945 their role had been recognized by giving consultative status to certain organizations which are neither governments nor member states. Even in cases where NGOs are receiving also government funding, their non-governmental status is normally secured by excluding government representatives from membership roles.

As the director of ADHOC said: NGOs do not claim any place outside to the law. Being committed members of the society, their members are equal under the law like all other members of society – including those persons who serve in government institutions and organizations.