Minutes of Strategic Meeting on NGO Law 24 Jan 2011

<strong>Minutes</strong> <strong>of</strong> <strong>Strategic</strong> <strong>Meeting</strong> on NGO Law 24 Jan 2011
Date: January 24, 2011, from 4.00pm – 7.00pm
Venue: CCC, NGO Forum’s meeting room, Phnom Penh
Participants: 65 representatives from Local and International NGOs and Coalitions
General Overview:
We have just revised the draft <strong>of</strong> NGO law on January 21, 2011 so that today meeting is aim to update
the draft <strong>of</strong> NGO and Association law and set out strategies to continue advocate with RGC.
The main objectives <strong>of</strong> the meeting were to see how we move forward and agree with the road map for
continue our advocacy.
Processes and Results <strong>of</strong> the meeting:
The meeting was started that we have done a lot jobs to advocating for the draft law and comprehensive
consultation on NGO law. We have advocated for about two years to MoI to release draft and we want
to comment in the process. We have a change to attend the revise the draft because <strong>of</strong> our collective
efforts and we should continue to work hand in hand to strategic respond to the second draft <strong>of</strong> NGO
law.
Mr. Lun Borithy has a presentation to update the latest information to the participants. After active and
collective efforts <strong>of</strong> NGO community on draft law on NGOs and Associations. Our last requests post 10 th
January National Consultation were continue to wider consultations with CSOs and other related
stakeholders, form a Technical Working Group between Government and NGO representatives and
asked to share the second draft. He mentioned that during the meeting there were 7 representatives
from MoI: H.E Nuth Sa An, H.E Seang Lapresse, H.E Try Sok Heng, Mr. Dy Sokphan, Mr. My Narath, Mr.
Chan Chhansopheak, and Mr. Thea). For NGO side there 8 NGO representatives: Mr. Chhith Sam Ath
(NGO Forum), Dr. Sin Somuny (MEDiCAM), Mr. Lun Borithy and Mr. Soeung Saroeun (CCC), Mr. Sok Sam
Oeun and Mr. Ny Chakrya (CHRAC), Mr. Brian Lund and Ms. Sophorn (Oxfam America).
Most <strong>of</strong> consolidated comments were take in to account and two problems remaining points for further
discussions: 1‐ coverage <strong>of</strong> CBOs and small NGOs to be under separate provisions 2‐ Alliances between
INGOs and LNGOs. The bellow table is the result from the meeting with MoI:

Article Responses
Art 3: Scope The law excludes community
Art 4: Definitions Need to define term <strong>of</strong> Alliance to allow INGOs and LNGOs to form alliances.
MOI will follow up with MFAIC
Art 6: Prohibiting
Provisions
Art 8: Conditions
<strong>of</strong> Formation <strong>of</strong>
Association
Art 9: Conditions
<strong>of</strong> Formation <strong>of</strong>
domestic NGO
It is changed to “An association and domestic non governmental organization or
…..in accordance with this law shall not be entitled to benefits stated in this law
and shall not be allowed to operate legally in the name <strong>of</strong> association or NGOs
or alliance in the Kingdom <strong>of</strong> Cambodia.
Agreed not to eliminate nationality <strong>of</strong> founders and leaders but not the
member. The number was changed ”..at least 11 founders …..
…… at least 5 leaders….”
Gender should be reflected in the charter <strong>of</strong> association/NGO.
Keep the same
Art 10: Reported changes apply only to Board and ED. (not all staff)
Art 11: Use name
and logo <strong>of</strong> ….
Art 13: Exercise
Fees
Art 14: Docs for
Association
registration
Art 15: Docs for
NGOs Registration
Keep the same.
Keep the same. MoI will try define reasonable fee (not to exit pr<strong>of</strong>it one – $170)
Keep the same but refer to article 8.
Agreed to change last bullet point” Letter… <strong>of</strong> bank account…shall be disclosed
within 30 days after receiving <strong>of</strong>ficial registration letter from MoI.

Art 16: Receipt <strong>of</strong>
application
Art 17:
Examination <strong>of</strong> the
Application
Art 18:
Rectification on
the contents….
Art 46: Annual
Reports
Keep the same
Adding “….a minimum <strong>of</strong> 45 working days. If any delay in responding from MoI,
the applicant association/NGO could operate their activity till the <strong>of</strong>ficial
decision made.
It is added “…….if the applicant association/NGO does not satisfy with the
decision made by the ministry, they have the right <strong>of</strong> appeal
It is changed”…. End <strong>of</strong> March”
Art 47: Archive Remain the same “5 years”
Art 48: Audit Adding” with 2 weeks notice and only if irregularities are reported”
Art 49, 50, 51, 53,
54
Art 55: Re‐
registration:
Remain the same
Agreed to change from 180 days to 365 days.