Tuesday, October 31, 2017

Govt suspends FCIS'activity

Tin Sokhavuth



Mr. Sar Kheng, Minister of Interior, on Tuesday, sent a letter to the Federation of Cambodian Intellectuals and Students (FCIS) in order to temporarily suspend this local NGO's activity for 60 days, saying FCIS has violated the Law on Association and Non-Governmental Organizations (LANGO).

According to Minister Sar Kheng, FCIS has violated Article 24 of the LANGO by not being neutral in their activity as an NGO.

Article 24

Domestic non-governmental organizations, foreign non-governmental organizations, or foreign associations shall maintain their neutrality towards political parties in the Kingdom of Cambodia.

In the letter, the minister also said that FCIS did not provide its bank account number to his ministry as mentioning in Article 10 of the LANGO.

Article 10

Domestic association or non-governmental organization shall inform in writing all of its operation bank accounts in the banks in the Kingdom of Cambodia to the Ministry of Interior and the Ministry of Economy and Finance within 30 (thirty) days from the date of registration.

In case of amendment of its statute, a relocation of its office, a replacement of its president or executive director, or a change of its bank account information, a domestic association or nongovernmental organization shall inform in writing the Ministry of Interior within 15 (fifteen) days at the latest from the date the change is made, by attaching the modified documents.

Furthermore, Minister Sar Kheng added that following Article 25 of the LANGO, FCIS must send its annual financial report to the ministry every year. But, FCIS failed to do so.

Article 25

A non-governmental organization shall submit a copy of its activity report and of its annual financial report by not later than the end of February of the following year. Domestic nongovernmental organizations that receive financial support from donors shall submit the report by copying the original documents sent to the donors within 30 (thirty) days from the date on which they are sent to the donors, as well as 1 (one) copy of project documents and financial agreement with donors by copying from the original documents within 30 (thirty) days from the date of the agreement. This report shall be kept at its office for at least 5 (five) years.

The Ministry of Interior may, if necessary, request the activity report and annual financial report of an association.

A foreign non-governmental organization shall submit a copy of its annual activity reports and financial status of the original documents sent to the donors to the Ministry of Foreign Affairs and International Cooperation and Ministry of Economy and Finance within 30 (thirty) days from the date on which they were sent to the donors, as well as 1 (one) copy of the project documents and financial agreement with donors by copying from original documents within 30 (thirty) days from the date of the agreement.

The Ministry of Economy and Finance or the National Audit Authority may, if necessary, check and audit an association and a non-governmental organization.

As the result, Minister Sar Kheng asked FCIS to act in accordance with the LANGO by being neutral and providing its bank account number and annual financial report to his ministry within 60 days if FCIS wanted to resume its activity. In contrast, if FCIS fails to do so, the ministry would use legal measures against FCIS.

Mr. Leng Senghong, president of the FCIS, on October 26, called on its members and Cambodian people from all walk of life to be ready for a possible peaceful protest in case the opposition party CNRP would be dissolved next month.

In response, on October 27, Prosecutor Sieng Sok of the Phnom Penh Municipal Court issued a warrant summoning Mr. Senghong to explain his call at the Ministry of Interior before October 30. To Prosecutor Sieng Sok, Mr. Senghong's call was a kind of incitement to commit offence.

However, Mr. Senghong told reporters that he would write a letter of apology to the government if his lawyer would agree with him to do so. Mr. Senghong said that the rights to do protest was enshrined in the Constitution.

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