How many ngos

Eighty percent of global citizens agree that nongovernmental organizations NGOs make it easy to be involved in positive social change. Source: Walden University. If NGOs were a country, they would have the 5th largest economy in the world. Source: John Hopkins University. There are more than 1. Source: National Center for Charitable Statistics. Source: OnGood directory , is an exclusive suite of online services revolutionising the way NGOs and nonprofits worldwide raise awareness, funds and support for their missions.

OnGood is brought to you by Public Interest Registry, the operator of. Name required. Mail will not be published. Global Leadership Bulletin A journal of leaders, by leaders, and for leaders.

Source: The Global Journal 2. Source: Charities Aid Foundation 3. Source: GrantSpace 4. Source: HR Council 5. Source: Australian Charities and Not-for-profits Commission 6. That is not to say the NGOs are the cause of the delays in this case, but rather that they are certainly involved in the process. Are NGOs a help or hindrance to your business? Depending on their particular activities, NGOs can be an asset or a liability to your business.

In many sectors, they might be in direct competition with you, which can be problematic as they have a competitive advantage given that they do not have to worry about earning a profit. Additionally, they typically receive grants and other sources of funding, enabling them to undercut market prices while also offering higher than market wages to employees. Other NGOs, meanwhile, may be beneficial to your business. Ecole Paul Dubrule in Siem Reap offers young Cambodians training and qualifications necessary to contribute towards sustainable tourism in Cambodia.

Many organisations conduct extensive research programmes, publish large numbers of research papers and make them freely available, providing information that can be utilised by your business as needed. Additionally, some NGOs may be inclined to make use of the goods or services that your company produces design and printing services for example , creating a market that you may not have previously considered.

What are some other useful business resources to consider in Cambodia? Urban Voice , by the Urban Initiative, is a website that is tracking the development of Phnom Penh including construction, infrastructure and social elements on an easy to use map. The project encourages participation from the public and anyone can provide data on the numerous aspects of development that the site is tracking. Open Deve lopment Cambodia is an online hub compiling freely available data in a one-stop-shop.

Open Development Cambodia provides the public with up-to-date, accurate information about Cambodia and its economic and social development. Its open data approach guarantees materials and information are available to all users for use and download. ODC hopes that the site and the data will facilitate research and communication between the public, private companies, civil society and governments.

Please enter your comment! Please enter your name here. Accordingly, the affairs of an association are placed under the supervision of the competent authority, the dissolution supervision of the Court, who may at any time make necessary inspections.

In the case of an incorporated association, if reversion is not determined in accordance with Paragraph 1 , it shall be determined by resolution of the general meeting of members in the case of a limited liability incorporated association and by decision of all the members in the case of an unlimited liability incorporated association.

Surplus assets of which the reversion is not determined by Paragraphs 1 or 2 shall revert to the National Treasury. A juridical person, like a natural person, is capable of acting. A person who intentionally or negligently infringes on the rights or benefits of another in violation of law is liable for the payment of damages for any harm occurring as a result. A juridical person that pays damages may demand compensation from the representative who committed the tortious act.

In the event the directors, supervisors, or liquidators act in contravention of the above provisions, their acts may be void, or they may be required to pay damages to the juridical person or to a third person. However, to the extent that the activities of a juridical person affect the public interest, a further penalty is provided in the form of a fine.

The juridical person can be punished in two ways: fines, as the principal penalty; and additional penalties set out in Article additional penalties applicable to legal entities. The criminal responsibility of the legal entity does not exclude the criminal responsibility of the natural person for the same acts. This article does not clearly determine whether all members of a legal entity may be punished or not. The provisions of titles 1 through 3 of book 1 of the Criminal Code relating to natural persons are applicable to legal entities to the extent that the provisions are compatible with the provisions of the Title.

The additional penalties applicable to legal entities are the following: [39]. A juridical person may also be charged with the offense of breach of trust [53] committed by misappropriating, at the expense of another, funds, assets, or any other property by a person who has been entrusted with and who has accepted with a duty to return them, to demonstrate [54] them, or to make a specific use of them.

The juridical person will face a fine and even dissolution [55] if the court finds guilt. The officer or supervisor may also be fined and imprisoned. Legal entities may be also found criminally responsible according to provisions of Article 42 Criminal Responsibilities of Legal Entities for offenses proscribed in Article Definition of Money Laundering.

An offense committed by a legal entity as a felony, misdemeanor, or petty crime is determined by the penalty imposed on a natural person. Moreover, when an obligation or prohibition is pronounced on a legal entity, the violation by a natural person of this obligation or prohibition is punishable by an imprisonment from 1 one year to 2 two years and a fine from 2,, two million Riels to 4,, four million Riels.

Legal entities are subject to monetary fines and other additional penalties [61] and a juridical person also may be charged with bribery article , if it meets the conditions of a bribe paid either to an Authorized Person to Issue Forged Document [62] or to a member of a Health Organization to Issue a Forged Certificate. The purpose of this law is to promote effectiveness of all forms of service and strengthen good governance and the rule of law in leadership and state governance as well as to maintain integrity and justice which is fundamental for social development and poverty reduction in Cambodia.

This is a new context for civil society, and NGOs will face legal and criminal challenges if they fail to comply. In a survey of students and other citizens in Phnom Penh and provinces, respondents expressed their view that the anti-corruption law should be applied to a director or supervisor of NGOs as well, because NGOs receive funding from donors and some NGO leaders become rich through appropriating these funds and then leave the NGO community.

A foreigner who works in the transparency context also expresses his opinion that Cambodia is facing severe corruption problems, and the NGO sector itself is also perceived as corrupt. Some employees of NGOs earn more than people in the government; consequently, the NGO community should also take part in the anti-corruption efforts by meeting high performance and transparency standards.

However, the anti-corruption law is contradicted by international norms, especially the UN convention against corruption. The anti-corruption law is applied not only to public civil servants and leaders of civil society, but also to foreign public officials or officials of public international organizations who, however, are not required to report their own property. A legal entity is found to commit a corrupt act if it has taken steps to conceal, keep, or transport any kinds of goods with knowledge that those are the proceeds of corruption as described in this law.

Acts that can also be treated as unlawfully handling the proceeds of corruption are as follows: 1 acting as intermediary for transporting items with the knowledge that they are proceeds of corruption; or 2 an act that benefits from corruption proceeds with clear knowledge.

The legal entity shall be subject to a fine of ten million Riel 10,, to one hundred million Riel ,, and face accessory penalties as follows: [69]. The anti-corruption law also requires that all leaders [71] of civil society [72] declare their assets and liabilities every two years. Article criminal responsibility by legal entity , article Criminal responsibility by legal entity , article Criminal responsibility by legal entity , article criminal responsibility by legal entity , article criminal responsibility by legal entity , and article criminal responsibility by legal entity of the Criminal Code all set forth corruption offenses to be implemented as part of anti-corruption law.

The Paris Peace Accords, which formally ended the Cambodia conflict, established international human rights norms as a basis for lasting peace in Cambodia. Article 15 of the agreement on a comprehensive political settlement of the Cambodia conflict states:. All persons in Cambodia and all Cambodian refugees and displaced persons shall enjoy the rights and freedoms embodied in the Universal Declaration of Human Rights and other relevant international human rights instrument.

The agreement provided for the incorporation of a declaration of human rights in the Cambodian Constitution. Annex 5 of the Agreement states:. Therefore the constitution will contain a declaration of fundamental rights, including the rights to life, liberty, security, freedom of movement, freedom of religion, assembly and association including political parties and trade unions, due process and equality before the law, protection from arbitrary deprivation of property or deprivation of private property without just compensation, and freedom from racial, ethnic, religious or sexual discrimination.

It will prohibit the retroactive application of criminal law. The declaration will be consistent with the Universal Declaration of Human Rights and other relevant instrument.

Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights. In accordance with this provision, the Constitution of Kingdom of Cambodia includes a declaration of fundamental rights in Chapter III: The rights and obligation of Citizens of Cambodia. Certain other provisions of the Constitution are also relevant to the protection of human rights. Every Khmer citizen shall be equal before the law, enjoying the same rights and freedoms and fulfilling the same obligations regardless of race, color, sex, language, religious belief, political tendency, birth origin, social status, wealth, or other status.

The exercise of personal rights and freedom by any individual shall not adversely affect the rights and freedoms of others. The exercise of such rights and freedoms shall be in accordance with the law.

Khmer citizens shall have freedom of expression, press, publication, and assembly, [78] along with the right to establish associations and political parties. Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order. Cambodia ratified and became a member of many international legal instruments. Apart from core civil society rights to express, associate, and assemble, the UDHR assures fundamental human rights to all people, both civil and political, as well as economic, social, and cultural.

The UDHR is the source from which various human rights treaties and instruments have been developed. Although conceived as a Declaration as opposed to a treaty, today the UDHR is widely regarded as a part of international customary law. Right to form and join association: Everyone has the right to freedom of peaceful assembly and association.

No one may be compelled to belong to an association. ICESCR: [83] States are required to take positive steps to implement these rights, to the maximum of their resources, in order to achieve the progressive realization of the rights recognized in the Covenant, particularly through the adoption of domestic legislation. The Economic and Social Council is responsible for monitoring the implementation of the Covenant by the state parties. States are required to report to the Committee within two years of becoming a party to the Covenant and thereafter every five years.

The States Parties to the Present Covenant undertake to ensure: a The right of everyone to form trade unions and join the trade union of his choice , subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; b The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations ; c The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; d The right to strike, provided that it is exercised in conformity with the laws of the particular country.

Emphasis supplied. ICCPR [84] is the key international treaty enshrining civil and political rights. The Human Rights Committee monitors how state parties comply with this treaty.

States are required to submit reports to the Human Rights Committee within one year of becoming a party to the Covenant and whenever the Committee requests usually every four years.

The first Protocol recognizes the competence of the Human Rights Committee to receive and consider communications human rights violations complaints from individuals. The Second Protocol aims to abolish the death penalty. Applicable provisions are emphasis supplied : [85]. Everyone shall have the right to freedom of expression ; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:. The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order ordre public , the protection of public health or morals or the protection of the rights and freedoms of others.

Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order ordre public , the protection of public health or morals or the protection of the rights and freedoms of others.

This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. Article 25 Citizen Participation : Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions :. Article 5 Enjoyment of Human Rights : In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:.

States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms. The Committee on the Elimination of Discrimination Against Women is the body responsible for monitoring the implementation of the Convention by the States parties. Article 7 Participation of Women : States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:.

The Convention includes the principle of non-discrimination and ensuring equal opportunity. In addition, decisions taken by the States must give prime consideration to the best interests of children.

It also covers the right to life, survival, and development, and the right to freedom of expression and opinion. The Committee on the Rights of the Child is responsible for monitoring the implementation of the Convention by the States Parties. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order ordre public , the protection of public health or morals or the protection of the rights and freedoms of others.

These categories are freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labor, the abolition of child labor, and the elimination of discrimination in respect of employment and occupation. Article 2 Freedom of Association : [The International Labor Conference] Declares that all Members, even if they have not ratified the Conventions in question, have an obligation arising from the very fact of membership in the Organization to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions, namely:.

Notification No. This means that permission from the Governors of Province, District and the Chief of Commune are a precondition for starting every activity, including public forums, meetings, trainings, and so on, within the respective territory or the village, without any legally enacted written regulatory requirement for such prior approval.

Under the notification of MoI No. In addition, it is also required that the Statute prescribe further information related to the following:. The specification letter [96] from local authorities i. International NGOs were required to write letters requesting approval to operate in the country to a relevant ministry, attaching documents with the following information:.

With these documents, the organization could apply to MFA for registration. After COM approval, the department of international organizations prepared an agreement document to be signed by country representative of the NGO and by the Under-Secretary of State.

After signing the agreement, the International NGO must present it to the relevant ministry before commencing activities. The Cambodian NGOs Law shall be in accordance with the constitution and international principles which Cambodia ratified and is a member state of. Chapter One discussed some existing regulations applicable to juridical persons. As pointed out there, the majority of regulations are contained in the civil and criminal codes that cover substantive matters and also punish juridical persons that act unlawfully.

In interviews, some directors of local NGOs in four provinces said that it is not the time to enact a comprehensive NGO law, because the judicial system in Cambodia is so weak and is biased toward the powerful and the rich.

They suggested that Cambodia already has laws that affect NGOs and protect the public. The government should simply implement those laws fairly and not enact a new law in the absence of a sound judicial system to deal with appeals. However, the fact remains that the legal framework governing NGOs should be more protective of NGO activities and should follow the concepts of the Cambodian constitution and international norms. In practice, an NGO or Association is considered a kind of charitable institution with specific visions, goals, and objectives related to acting in the social interest and not intended to generate and distribute profits.

NGOs are typically value-based organizations which depend, in whole or in part, on charitable donations and voluntary service. It also uses the term civil society to refer to the wide array of nongovernmental and not-for-profit organizations that have a presence in public life, expressing the interests and values of their members or others, based on ethical, cultural, political, scientific, religious, or philanthropic considerations.

While this broad definition of an NGO is correct semantically, it presents a problem in that it embraces a large number and wide range of organizations that structurally and functionally are unrelated.

This broad definition of NGO refers more to what an organization is not rather than to what it is, and can be applied to many organizations. NGOs are not self-serving in aims and related values. Their aim is to act in the public arena at large, on concerns and issues related to the well-being of people, specific groups of people, or society as a whole.

They are not pursuing the commercial or professional interests of their members. In the context of Bank-financed activities, national or international NGOs are normally contracted to deliver services, design projects, or conduct research. CBOs are more likely to be the recipients of project goods and services. In projects which promote participatory development, grassroots organizations play the key function of providing an institutional framework for beneficiary participation.

CBOs might, for example be consulted during design to ensure that project goals reflect beneficiary interests, undertake the implementation of community-level project components, or receive funds to design and implement sub-projects. Many national and international NGOs work in partnership with CBOs, either channeling development resources to them or providing them with services or technical assistance. In the Cambodia context, CBOs are formed by villagers or community members who want to protect their own interest.

Sometimes, they have no specific management team or structure, but rather, members distribute their own money to support activity in their community. If the government requires those CBOs to register, they will face overwhelming problems of management, governance, and organizational form to comply with laws and regulations, because in practice their level of consolidation is weak. CBOs should be excluded from any comprehensive NGO law because these groups can be formed unexpectedly, to meet and deal with immediate community problems or to advocate on behalf of the community.

If registration is needed, then their activities are likely to become illegal, because they will be unable to comply fully with legal requirements and will lead the community members to rely solely on their leader and therefore not strengthen and consolidate the community itself.

Registration must not be an impediment to the exercise of freedom of association and rights to participate in political, economic, social, and cultural life as enshrined in the Constitution of Cambodia. It is widely recognized that the freedom of association includes the right to associate informally, that is, as a group lacking legal personality.

Freedom of association cannot be made dependent on registration or legal person status. That NGOs may be formed as legal entities does not mean they are required to form legal entities in order to exercise their freedom of association. On the contrary, freedom of association guarantees are implicated when a gathering has been formed with the object of pursuing certain aims and has a degree of stability and thus some kind of institutional though not formal structure.

National law can in no way result in banning informal associations on the sole ground of their not having legal personality. In order to meet its mission goals most effectively, individuals may seek legal personality or legal entity status for organizations they form.

It is through legal personality that, in many countries, NGOs are able to act not merely as an individual or group of individuals, but with the advantages that legal personality may afford e. It is well accepted under international law that the state should enable NGOs to obtain legal entity status. Where states employ a registration system, it is their responsibility to ensure that the registration process is truly accessible, with clear, speedy, apolitical, and inexpensive procedures in place.

The designated registration authority should be guided by objective standards and restricted from arbitrary decision-making. Some countries impose specific time limits on the government approval process. The processes of NGO registration in China and Taiwan specify a thirty-day limit, and Korea holds to a twenty-day limit. In Indonesia , foundations obtain legal status by filing a brief notarized document.

Social organizations, however, must register with the government and are subject to general supervision by the Ministry of Home Affairs, with technical supervision by the relevant line agency.

Japan and Korea follow a single-step registration system. In those countries Japan and Korea if, NGOs want to register, they must obtain approval from the ministry of other government any that has jurisdiction over the proposed purposes and activities of the NGO. The unincorporated association, which is not a legal entity, is not required to register; the charitable trust, an equitable relationship rather than a legal entity, is also not obligated to register.

The draft law should specify clearly a period in which a registration application may be considered for approval, and also should provide for penalties for government officials who intentionally delay the registration process.

A number of new framework laws and drafts require informal groups of persons to register as formal legal entities and prohibit them from conducting activities unless they do. By prohibiting any associational activities — even informal activities, such as a group of neighbors meeting weekly to discuss political events — without prior registration, these laws clearly infringe upon the right to free association protected by the International Covenant on Civil and Political Rights and other conventions.

Furthermore, mandatory registration is often used by repressive governments as a tool to crack down on individuals and organizations speaking out against government policies — as in Belarus , where the government used a requirement prohibiting activities by unregistered associations to fine or arrest dozens of civic activists in It is well recognized under international law that freedom of association includes the right to associate informally—that is, as a group lacking legal personality.

Comparing requirements for NGOs with those applicable to private companies, in principle there is no good reason to require to re-registration of an NGO. For example, as a practical matter, re-registration may be difficult for NGOs that criticize the government.

Moreover, it is said that the government requires local NGOs to re-register every five years and international NGOs every three years. Provisions like this, which impose potentially time-consuming bureaucratic hurdles, can discourage groups from ever applying to register in the first place — preventing the emergence or consolidation of a strong and independent civil society.

An instructive example comes from a study of thirty NGOs attempting to register in Egypt , where the Law on Non-Governmental Organizations creates a difficult and highly bureaucratic registration system. Of the thirty, only seven had successfully registered.

Five were fighting rejections in court, and the remaining eighteen had simply given up, choosing to form using alternative legal structures or simply to disband.

Finally, some framework laws include provisions that require registered NGOs to re-register once a year or once every two years, giving government officials repeated opportunities to deny disfavored groups the right to operate. Two kinds of restrictions are encountered in practice in some states: firstly, on establishment by foreign nationals, and, secondly, on establishment by legal entities.

There are no grounds for these restrictions. In some states one person is enough, whereas in others the law sets a higher threshold, which may be two, three, or five people, or even more.

In the end, the participants decided to draw a distinction between informal organizations and those wishing to acquire legal personality. In the first case, two people should suffice to establish a membership-based NGO, whereas a greater minimum number of members may be required before legal personality can be granted.

In that event, the figure should not be so large as to discourage the actual establishment. In principle, any person or group of persons should be free to establish an NGO.