Cambodia: UN expert urges authorities to reject bill that 'threatens very existence of free society
UN News Center | 15 July 2015
United Nations human rights expert Maina Kiai today
urged Cambodia to reject a draft law that would allow authorities to
shut down and criminalize any group advocating for human rights, basic
freedoms and good governance, saying “it is not too late to reverse the
course of action.”
The draft Law on 'Associations and Non-Governmental Organizations'
(NGOs) is scheduled to be examined by the Senate following its approval
on Monday by the Cambodian National Assembly, according to a press release issued by Mr. Kiai, who is the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association.
“Should the draft law be adopted, any group advocating for human rights,
basic freedoms and good governance can be shut down and criminalized,”
he said. “It will ultimately have a disastrous impact on Cambodian
citizens' democratic participation in furthering the development of
their country.”
“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.
Mr. Kiai's present appeal has been endorsed by the UN 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.
According to the press release, under the draft law, authorities will be
able to de-register local and international associations and NGOs if
they consider them as not “politically neutral” and 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.”
And associations and NGOs operating without registration in Cambodia will face criminal liability, it said.
“Equally troubling is the fact that there was no meaningful and
transparent consultation with civil society throughout the drafting
process,” Mr. Kiai said. “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.”
He went on to reiterate his offer of assistance to the Government and
legislature, made on numerous occasions, “to help ensure that the draft
law complies with international human rights law.”
“It is not too late to reverse the course of action,” said Mr. Kiai, who
was appointed 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.
The special rapporteurs are experts in their field of human rights,
independent from any government or organization, work on a voluntary
basis, are not UN staff and do not receive a salary for their work.
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