Commentary: Elizabeth Becker and the Campaign to Put NGOs above the Law
AKP Phnom Penh, August 24, 2011 –Nobody seems entirely sure of the number, but it is generally believed that more than 2000 non-governmental organisations operate in Cambodia. One of the reasons for the uncertainty about the number is that Cambodia is one of the few countries that has not established laws and procedures for the formation and operation of NGOs.
The Royal Government has been working for several years to rectify this situation by adopting a law that defines NGOs and sets a few broad parameters for their operation. Under this law, NGOs will have to register with the government and submit annual reports on their activities, income and expenditures.
Unfortunately, a minority of NGOs have objected to the very idea that NGOs should be required to register or be subject to any rules established by the elected government. To a certain extent, this is understandable: nobody enjoys being subjected to rules, as you can see by observing the behaviour around traffic lights when no police are present. But most people realise that some rules and regulations are a necessary part of social existence. NGOs that aim to promote democratic principles ought to be particularly aware of this, rather than claiming to be above the law.
The minority campaign against NGO registration has partly overlapped with legitimate concerns about the wording of particular provisions of the draft law, which may not have always been completely clear in early drafts. However, there have been numerous consultations between NGOs and the Ministries of the Interior and Foreign Affairs, and such legitimate concerns have been or are being addressed in redrafting (the third draft of the law is now being discussed). But that of course does not satisfy those who are opposed to any registration requirement, and they have continued their campaign against the law by denying or dismissing the changes that have been made, and by exaggerating or inventing what the law supposedly says.
Recently, this campaign of misinformation appears to have influenced some people who ought to have known better, a notable case in point being the well-known US journalist Elizabeth Becker, who published an attack on the law in the August 17 New York Times.
AKP Phnom Penh, August 24, 2011 –Nobody seems entirely sure of the number, but it is generally believed that more than 2000 non-governmental organisations operate in Cambodia. One of the reasons for the uncertainty about the number is that Cambodia is one of the few countries that has not established laws and procedures for the formation and operation of NGOs.
The Royal Government has been working for several years to rectify this situation by adopting a law that defines NGOs and sets a few broad parameters for their operation. Under this law, NGOs will have to register with the government and submit annual reports on their activities, income and expenditures.
Unfortunately, a minority of NGOs have objected to the very idea that NGOs should be required to register or be subject to any rules established by the elected government. To a certain extent, this is understandable: nobody enjoys being subjected to rules, as you can see by observing the behaviour around traffic lights when no police are present. But most people realise that some rules and regulations are a necessary part of social existence. NGOs that aim to promote democratic principles ought to be particularly aware of this, rather than claiming to be above the law.
The minority campaign against NGO registration has partly overlapped with legitimate concerns about the wording of particular provisions of the draft law, which may not have always been completely clear in early drafts. However, there have been numerous consultations between NGOs and the Ministries of the Interior and Foreign Affairs, and such legitimate concerns have been or are being addressed in redrafting (the third draft of the law is now being discussed). But that of course does not satisfy those who are opposed to any registration requirement, and they have continued their campaign against the law by denying or dismissing the changes that have been made, and by exaggerating or inventing what the law supposedly says.
Recently, this campaign of misinformation appears to have influenced some people who ought to have known better, a notable case in point being the well-known US journalist Elizabeth Becker, who published an attack on the law in the August 17 New York Times.
5 comments:
She should have known better because she lives in the United States. Every non-profit is registered and file their tax each year if they want to be legitimate and gain funding support from government and donors. This is nothing new. Why they don't want to obey Cambodia law? They don't want other to know how much they really spend on program and how much they really spend on salary but they are complaint about the government easily. She should read the book called "Cambodia Curse" then she will realized that NGO in Cambodia got it so easy to operate their programs. Don't get me wrong, I am a big fan of non profit that follow the rules to assist Cambodian poor in various sectors; we need them to assist Cambodian poor. They needed to set example for others to follow. They cannot be above the law; they must comply to whatever the government request within the law. It is rediculous to think that they don't have to comply to Cambodia's government. If they don't do what the government requested; they needed to be shut down after enough warning given to correct the problem. In the United States, there are different type of Non-profits and NGO; it differentiate the tax code. For example, 501C3 non profit cannot do protest or organize political campaign etc; if they do it will loose the tax status code which could shut down the agency. However, 501C4 organization can do lobby and organization political rally etc. Cambodia law is so easy for non-profit agency to operate yet they don't want to comply a simple rule. Let them try it in America; I promise you the government will shut them down and no donor will give them money either.
I totally agree with the comment above, and I don't need to say anything else.
Instead of attacking Elizabeth Becker, the Cambodian government should self-appraise and look at itself in the mirror to see what it has done wrong. Certainly, the Cambodian government has a lot to answer regarding human rights abuses and so on.
For comment above, you are commenting on the wrong article moron. this is about NGO doesn't want to obey Cambodia law. The first and second comment makes sense but the third one is in the la la land.
5.49am, the comment is relevant because the article is attacking Elizabeth Becker who wrote an article criticising its laws on NGOs.
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