VZCZCXRO3555
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0981/01 3460940
ZNR UUUUU ZZH
P 110940Z DEC 08
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 0190
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 PHNOM PENH 000981 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR EAP/MLS AND DRL 
USAID FOR ASIA BUREAU 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL KJUS KDEM EAID CB
SUBJECT: CAMBODIA'S DRAFT NGO LAW 
 
REF: PHNOM PENH 968 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1.  (SBU) Summary:  Prime Minister Hun Sen recently told the 
Council of Ministers in a public address that drafting an NGO 
law is a priority for the RGC.  He indicated that the law may 
be used as a tool to fight terrorism, and to ensure that NGOs 
and their workers are paying appropriate taxes.  Hun Sen 
added during his speech that, "NGOs have to insult the 
government in order to obtain funding."  The government's 
plan to draft the law has some NGOs worried that the PM's 
intention may be to silence NGO human rights critics.  While 
some NGOs argue that no NGO law is the best NGO law (in 
Cambodia), the law drafting process appears to be a 
fast-moving train.  The RGC is reportedly requesting 
assistance in the law drafting process.  End Summary. 
 
NGO Law to be Drafted in 2009 
----------------------------- 
 
¶2.  (SBU) During a recent meeting Ministry of Interior (MOI) 
Undersecretary of State Sieng Lapresse told Pol/Econ Chief 
that the Cambodian government is determined to have an NGO 
law, and that he believes the law will be in its final draft 
stages by mid-2009.  (Note:  Sieng Lapresse has been tasked 
with drafting the law together with the MOI Legislative Unit. 
 End Note.)  Passing an NGO law during this mandate of the 
National Assembly was announced as a priority by Prime 
Minister Hun Sen during a September public address.  This is 
the RGC's third attempt to draft an NGO law since the 1990s; 
during previous tries, NGOs and the international community 
discouraged consideration of an NGO law widely seen as a move 
to control NGOs instead of support them.  Also, there is 
currently a procedure for NGOs to register in Cambodia; NGOs 
submit a registration form to the MOI and, if the MOI 
approves, it responds with an approval letter. 
 
Draft Law Shared With Embassy 
----------------------------- 
 
¶3.  (SBU) Sieng Lapresse shared a copy of the draft law (it 
is the same as a 2005 draft with a few minor changes) which 
states that NGOs shall not conduct activities for political 
parties; provides a process for NGOs to register with the 
Ministry of Interior; requires NGOs to have written rules for 
recruitment of staff, structure and roles of a governing 
body, and quorum for meetings of a governing body; and, 
requires NGOs to report to the MOI their activities, and 
income and expenses.  While some NGOs stated that they feel 
threatened by the vagueness of the requirements in the draft, 
Sieng Lapresse acknowledged that the law does not specify the 
level of detail for reporting requirements. Vaguely citing 
concerns about terrorist activities, Sieng Lapresse said that 
the RGC wants to know NGOs' activities and the objective of 
their activities.  He said that an MOI officer will have 
responsibility for monitoring activities through the reports. 
 He added that NGOs would be expected to describe activities 
in as much detail as possible but that if they describe all 
details, monitoring could "get out of hand."  He said that if 
NGO activities go beyond humanitarian or assistance programs, 
the MOI would "look into it." 
 
MOI Believes NGOs "Happy" About Law 
----------------------------------- 
 
¶4.  (SBU) Despite chatter of concerns regarding the law among 
the NGO community, Sieng Lapresse stated that to him NGOs 
seemed happy with the idea of the law.  He recently led an EU 
seminar session that involved a number of NGOs, including 
ADHOC, and said he received few questions about the law and 
left with the feeling that people seemed happy.  He told 
Pol/Econ Chief that he had previously heard concerns that the 
law would force NGO funding to be channeled through a 
government ministry before being awarded to NGOs, and that 
NGOs would be prohibited from conducting activities for any 
political interests (including possibly democracy-building 
political programs).  However, Sieng Lapresse explained that 
the law would not stipulate such measures.  He noted the 
draft proposed that NGOs could not be associated with 
political parties. 
 
Comment Period Planned 
---------------------- 
 
¶5.  (SBU) Sieng Lapresse said that the MOI plans to have a 
workshop on the law to solicit comments, and then possibly a 
second comments period before the draft is finalized.  Sieng 
Lapresse said we could expect to hear about the scheduling of 
 
PHNOM PENH 00000981  002 OF 002 
 
 
the first comment period during the first quarter of 2009. 
(Note:  These plans apparently have not been communicated to 
the NGO community.  End Note.) 
 
Request for Assistance 
---------------------- 
 
¶6.  (SBU) Since the Prime Minister's September public 
address, Deputy Prime Minister and Minister of Interior Sar 
Kheng requested donor assistance in drafting the law or 
facilitating discussion with NGOs.  Sieng Lapresse reiterated 
this request in more explicit terms.  He also said that he 
had appreciated the research and input of a Howard University 
professor on Cambodia's draft law on peaceful demonstrations, 
and said that he would like similar help on the NGO law, if 
possible.  In particular, Sieng Lapresse said he is hoping to 
obtain similar laws from other countries so that he can use 
those models to compare and draw ideas.  He noted that if the 
U.S. would not provide assistance with the draft law, that 
the EU had already told him that they would assist, but Sieng 
Lapresse said he would prefer the help of the U.S.  (Note: 
The Desk and DRL have already pointed Post in the direction 
of the NGO laws of Afghanistan and Japan as possible models. 
End Note.) 
 
A Measure to Combat Terrorism? 
------------------------------ 
 
¶7.  (SBU) When Hun Sen made his public remarks regarding the 
NGO law, he said, among other things, that the law is needed 
because, "terrorists might settle in the Kingdom under the 
disguise of NGOs."  The draft includes an article stating: 
"A local association or non-governmental organization shall, 
by any means, be prohibited from receiving donations or 
assistance from terrorist organizations." 
 
No Change in Procedure for Int'l NGOs 
------------------------------------- 
 
¶8.  (SBU) Sieng Lapresse confirmed that an NGO law would not 
change the registration procedures for international NGOs 
such as The Asia Foundation.  Currently, international NGOs 
are registered with the Ministry of Foreign Affairs and 
International Cooperation. 
 
Comment 
------- 
 
¶9.  (SBU) The unanswerable question is whether an NGO law 
will be used to deny registration to Cambodian NGOs that are 
critical of the RGC over human rights abuses, corruption, 
impunity, and rule of law problems.  However, we do not 
accept as fact that the intention of the RGC in drafting this 
law is to keep critical NGOs from working in Cambodia.  It is 
possible that part of the resolve of the RGC stems from the 
2007 creation of Kem Sokha's Human Rights Party which emerged 
through Kem Sokha's base of public support from his work with 
NGO Cambodian Center for Human Rights (CCHR), and allegations 
that Kem Sokha had used the NGO infrastructure to help 
establish and sustain the political party.  It is also true 
that one of the Bali bombers was harbored in Cambodia by a 
foreign-funded Islamic school in 2003, proving that a 
seemingly benevolent organization in Cambodia could be a 
cover for terrorists (Reftel).  The MOI's goal to have at 
least one public comments period is a positive sign. 
RODLEY