REPORT THE ORGANIZATIONAL STUDY CAMBODIA

Transcription

1 HUMAN RIGHTS, POWER AND CIVIC ACTION (RIPOCA): COMPARATIVE ANALYSES OF CIVIC ENGAGEMENT IN DEVELOPING SOCIETIES Funded by Norwegian Research Council, Poverty and Peace research programme, Grant no.: /S50 SCOPE OF WORK FOR THE CAMBODIA CASE-STUDY REPORT THE ORGANIZATIONAL STUDY CAMBODIA ADHOC, CLEC, LICADHO AND CDPO 22 September 12 October 2009 Researching Team: Mr. Mey Sovannara, BA of Ed., Research Team Leader Dr. Ly Chansophal, MD, research member Mr. Tout Vannary, MA, research member 1

2 CONTENTS EXECUTIVE SUMMARY ACRONYMS... 6 INTRDUCTION... 7 METHODOLOGY... 7 CLEC - Community Legal Education Center Background of the Organization Nature of the Organization Mission Program CLEC as an Organization i. Governing Board ii. Management Team iii. Annual Donors Meeting iv. Annual Retreat v. Programme Coordination Meeting vi. Programme Unit Meeting vii. All staff Meeting Organizational Capacity on Human Rights Organization s Mandate Beneficiaries Forms of Social Mobilization Extent of Cooperation with Government Capacity to Promote Human Rights Strategic and Operational Planning Methods to Assess the Results Government s Responses to Rights Claims ADHOC - The Cambodian Human Rights and Development Association Background of the Organization Nature of the Organization The General Assembly The Annual Assembly The Annual Donors Meeting

3 2.4 The Advisory Board The Monthly Meeting The Weekly Meeting The Meeting with Network/Alliance The Annual Staff Retreat The Staff Care Organizational Capacity on Human Rights Mentoring Section Advocacy Section Organization s Mandate Human Rights Programme Women s Rights Programme Education Activity Monitoring Activity Land Issues Programme Campaign Programme People Empowerment Programme Publication Programme Media Programme Khmer Rouge Tribunal and International Criminal Court (KTR & ICC) Beneficiaries Forms of Social Mobilization Extent of Cooperation With Government Capacity to Promote Human Rights Strategic and Operational Planning Methods to Assess the Results The Government s Response to Rights Claims CDPO - Cambodian Disabled People s Organization Background of the Organization Nature of the Organization General Assembly Board of Governors of CDPO Organizational Capacity on Human Rights Organization s Mandate Policy and Legal Programme

4 4.2 Representing the voice of disabled people Programme Rights Awareness Programme Awareness Raising and Visibility Programme Advocacy and Rights Protection Programme Organizational Development Programme Support to CDPOs Programme Beneficiaries Forms of Social Mobilization Extent of Cooperation With Government Capacity to Promote Human Rights Strategic and Operational Planning Methods to Assess the Results The Government s Response to Rights Claims LICADHO - Cambodian League for Promotion and Defense of Human Rights Background of the Organization Nature of the Organization Organizational Capacity on Human Rights Organization s Mandate Beneficiaries Forms of Social Mobilization Extent of Cooperation With Government Capacity to Promote Human Rights Strategic and Operational Planning Methods to Assess the Results The Government s Response to Rights Claims ANNEX I: REFERENCES KEY INFORMANTS //---- 4

5 EXECUTIVE SUMMARY The organizational study is the second phase of the research. Four main local non-governmental organizations have been selected for studies and they are the Cambodian Human Rights and Development Association (ADHOC), Community Legal Education Center (CLEC), Cambodian League for Promotion and Defense of Human Rights (LICADHO) and Cambodian Disabled People s Organization (CDPO). CLEC is non-profit, non-partisan, local human rights NGO, created in 1996 as legal resource center, promoting the rule of law, justice and democracy in Cambodia. From 1996 to 2001, CLEC operated as an arm of the University of San Francisco School of Law, funded by USAID. In December 2001, CLEC became a locally registered NGO, working to promoting Human Rights, democracy, and good governance through Legal education, advocacy and litigation in high profile cases within the program focus in land and natural resources, labor, access to justice and good governance. ADHOC which was established by a group of former political prisoners in December 1991 after the 1991 Paris Peace Agreement is non-profit and local human rights NGO. It is registered with the Supreme National Council (SNC) in 1992 and began to defend the human rights and democracy. ADHOC s programs, activities and staff operate in Phnom Penh and 23 provincial offices. The offices carry out the different programs throughout Cambodia. ADHOC handles all human rights - civil and political rights, economic, social and cultural rights and indigenous rights through its four main sections such as Monitoring Section, Education Section, Women Section and Advocacy Section. CDPO is a movement of Cambodians with disabilities and was established in September CDPO is a membership-based and non-governmental organization, which legitimately claims to be the organization representing disabled people in Cambodia. LICADHO was established in 1992 after the Paris Peace Agreement on 21 October LICADHO was officially registered and recognized by the United Nations Transitional Authority in Cambodia (UNTAC) and the Supreme National Council (SNC) in 1992 as human rights NGO in Cambodia. LICADHO could carry out its human rights activities in accordance with the Paris Agreement and the United Nations Transitional Authority in Cambodia (UNTAC). LICADHO handled primarily civil and political rights; however, later it expanded to several specific rights as part of the economic, social and cultural rights including indigenous rights, women s rights and children s rights. Based on the research results, all organizations respectively contribute to the promotion and protection of human rights through a wide range of activities such as human rights education, lobbying, advocacy, monitoring and investigations of human rights violations, empowering the people to exercise and defend their rights as well as contribute to development and poverty alleviation. Each organization has its own goal, vision and mission which contribute to bringing about changes in policies and practices, strengthening the government institutions, reforming the judicial system, strengthening of the civil society, and promoting the rule of law in Cambodia //

6 ACRONYMS CHRAC ADHOC LICADHO CDPO SNC COMFREL SEACA FIDH CAMBOW SoC SST CEDAW FIDH IRAM GAD-C AHRC NICFEC API KRT ILO CDRI UNDP FORUM ASIA ECCC ICC CCC ADD DPO NEC DAG NSPD SHG PWDs Action Committee for Human Rights Cambodian Human Rights and Development Association Cambodian League for Promotion and Defense of Human Rights Cambodian Disabled People Organization Supreme National Council Committee for Free and Fair Elections Southeast Asian Committee for Advocacy International Federation for Human Rights Cambodian Women Committee State of Cambodia Sor-Sor Troung (The Pillar Organization) Convention on the Elimination of All Forms of Discrimination Against Women Fédération internationale des ligues des Droits de l'homme Indigenous Rights Active Members Gender and Development for Cambodia Asian Human Rights Commission Neutral and Impartial Committee for Free and Fair Elections in Cambodia Advisory and Policy Institute Khmer Rouge Tribunal International Labor Organization Cambodia s Leading Independent Development Policy Research Institute United Nations Development Programme Asian Forum for Human Rights and Development Extra-ordinary Chamber of the Courts of Cambodia International Cooperation Cambodia Cooperation Committee for Cambodia Activities on Disability and Development Disabled People s Organization National Elections Committee Disability Awareness Group National Strategy to Combat Weapons of Mass Destruction Self-Help Group Persons with Disabilities 6

7 INTRODUCTION The aim of the organizational study is to better understand the interaction between struggles for rights and power dynamics in the context of Cambodia. In other words, on the one hand, to what extent have embedded structures and relations of power acted as an obstacle and a constraint on securing rights? On the other hand, to what extent have rights-promoting organizations challenged and/or altered power relations; to what extent have processes of empowerment occurred? Overall, to what extent have statesociety power dynamics in Cambodia been transformed (or consolidated) as a consequence of struggles for rights? The report of these organizational studies reveal the summary background of each organization, nature of the organization, organizational capacity on human rights, the mandate of the organization, beneficiaries, forms of social mobilization, extent of cooperation with the government, NGO capacity to promote human rights, strategic and operational planning, methods to assess the results, the government s responses to rights claims. METHODS OF STUDIES The relevant data has been gathered through various ways such as using questionnaires, annual reports, Website visits, face-to-face interviewing, phone interviewing, case studies that related to the organizations and its partners. The collection methods also included the undertaking of visits to offices of the organizations and to sites of operations and activities at the selected provinces, Kampong Speu, Kampong Cham and Kampong Chhnang. CLEC has no offices at the provincial level //

8 CLEC Community Legal Education Center 1. BACKGROUND OF THE ORGANIZATION The Community Legal Education Center (CLEC) was created in 1996 as legal resource center, promoting the rule of law, justice and democracy in Cambodia. From 1996 to 2001, CLEC operated as an arm of the University of San Francisco School of Law, funded by USAID. In December 2001, CLEC became a local NGO officially registered with Ministry of Interior. CLEC program activities combine legal education, empowerment and advocacy. Its trainings are designed for a wide range of target groups, including local communities, civil society organizations, NGOs and government officers. CLEC has been involved in advocacy on a number of significant law reform issues, including: the 2001 Land Law, the sub-decree on indigenous communal land titling, establishment of the Arbitration Council, the election dispute resolution process, the draft Peaceful Assembly Law, and commentary and review of numerous pieces of legislation. CLEC has been developed over time by starting its focus at the time of localization, on Land and Natural Resource Laws; Labor law; Election Law; Decentralized Dispute Resolution and Commune Justice; and Research, Publication and Legal Literacy. Currently CLEC has four major strategic programs: (1) The land and natural resources program; (2) Labor Program; (3) Access to Justice Program; and (4) Good Governance Program. 2. NATURE OF THE ORGANIZATION A community in Phnom Penh, namely Group 78, gathers in front of Phnom Penh court to support their representatives joining a hearing on their injunction motion to stop eviction ordered by the Phnom Penh Municipality. CLEC is a non-profit, non-partisan local NGO, promoting human rights, democracy and good governance through legal education, advocacy and litigation in high profile cases within the program focus in land and natural resources, labor, access to justice and good governance. 2.1 Mission: CLEC promotes Rule of Law, Justice and Democracy by supporting the development of appropriate institutions of justice, enhancing public knowledge of and encouraging participation in governance and the 8

9 legal system, and advocating for good governance to achieve justice, peace and social harmony for all Cambodians. 2.2 Programs: The Land and Natural Resource Program (LNRP) includes two major projects: The Land and Natural Resources Law Project (LNRLP) promotes secure access to land and natural resources for vulnerable groups - particularly indigenous peoples (IPs) - in Cambodia. It does this through legal awareness, capacity building, empowerment, and advocacy. LNRLP implements its work within a sustainable rural livelihood approach that builds upon structures and processes to generate improved livelihood outcomes, including increased well-being, reduced vulnerability, and more sustainable use of the natural resource base. The Ratanakiri indigenous community stands in front of Ratanakiri court after filing their complaint against a wife of a powerful person who grabs their ancestors land. The Public Interest Legal Advocacy Project (PILAP) work to use the legal system to assert and protect citizens' rights, as well as to encourage governmental and private sector transparency and accountability. To accomplish this, CLEC selects legal cases that have strong potential to generate publicity and debate, and that promote broader respect for legal norms beyond the mere bounds of the case. CLEC will integrate legal empowerment as another major strategy in ensuring community leaders/organizers are able to assert and defend their rights and interests. This includes provision of legal defense to the community advocates facing legal problems. Workers flood into CLEC Office for legal assistance in struggling against violations of their rights by their management. A March of workers and their Unions on Memorial Day of their workers rights defender-hero, Chea Vichea, assassinated in The Labor Program (LP) has worked on issues relating to Cambodian labor law and industrial relations since The Labor Program has as its overall objective that all employment sectors uphold a good working environment in which labor rights are respected, labor law obligations are complied with, and labor disputes are resolved peacefully and fairly. 9

10 Through its trainings to labor rights defenders and union leaders, the program aims to increase those individuals' capacity to promote the respect of workers rights, better compliance with the Labor Law, and improved workplace relations -- particularly through collective bargaining. The Labor Program also seeks to improve workers' knowledge of their rights and the regulatory framework governing those rights. Where union and federation leaders are victimized for their promotion and defense of labor rights, CLEC will be prepared to provide legal consultation and representation to ensure our beneficiaries are protected. Where such instances occur, the cases taken up by CLEC will likely take a high profile nature where they can be used as a model for the other labor cases and so have an impact to a broader audience. Access to Justice Program (AJP) seeks to address the reality of the dispute resolution process in Cambodia: the majority of Cambodians are unable to access the formal justice system, and the existing local methods of dispute resolution are not sufficiently standardized, professional or comprehensive to offer viable alternatives. The commencement of the AJP coincided with the release of the Royal Government of Cambodia's justice sector reform strategy, which recognized the need to build capacity in alternative dispute resolution methods. A regional workshop with 60 officials from Ratanakiri and Mondulkiri to promote access to justice of the indigenous peoples. A small discussion group in a consultative workshop with different communities to provide inputs to law and policy. Good Governance Program (GGP) is a new program of CLEC. The program aims to increase effective participation by communities in the public decision-making, legislative process to promote good governance at both the local and national level; and awareness by local and national institutions of the need to initiate legislation and adopt laws that promote good governance at local and national levels. 2.3 CLEC as an organization CLEC has identified key areas to strengthen itself as an organization of good governance and sound management systems to support its effective and efficient programme implementation such as the Governing Board, the Management Team, Annual Donors Meetings, Annual Retreat, Program Coordination Meeting, Program Unit Meeting and All-Staff Meeting. i. Governing Board Seven Board multi-disciplinary members (3 females) specified with following responsibilities: Lead & guide mission & strategy Guidance & evaluation of program Ensure organizational planning and approve strategy 10

11 Support to secure adequate resources Oversee & evaluate financial management, including approval of global budget and audit reports and financial policy Risk management & legal compliance Enhance and ensure public standing of CLEC, including approval of all policies Ensure appropriate HR policies Select, evaluate and terminate ED Recruit new BoD members They meet in a quarterly basis. ii. Management Team Management Team consisting of Executive Director, Program Manager, Admin and Human Resource Manager, Finance Manager, and 4 Unit Heads was established with its roles: Consult together and agree on participatory planning processes to ensure appropriate strategic plans/updates and supporting work plans; Consult together on ideas for new initiatives Review and agree final plans Help to identify new sources of funding Coordinate together on the implementation of work plans and activities Review and agree operational policies and procedures Ensure the implementation of policies and procedures within their own units Participate in the monitoring and evaluation of the overall goals, objectives and strategies Identify areas that need improvement and agree how they will be addressed Identify and discuss developing trends and situation of Cambodia in order to relate these to mission/objectives/activities and to agree interventions Review and agree the annual report Identify and consult together on security concerns, including agreeing interventions as appropriate It meets bi-weekly. iii. Annual Donors Meeting CLEC holds its donor meeting annually to present achievements and to hear feedbacks from donors in terms of programming and fundraising strategies in the next period. CLEC and donors relationship is built through that meeting. iv. Annual Retreat are: Retreat is attended by all CLEC staff annually mostly in 3rd week of December. The objectives To confirm CLEC vision, mission, goal and core values; To see how each program and organizational development are achieved; To identify strengths, and to address weaknesses and challenges; To determine the next action plan and approach; and To build a strong teamwork for the best interests of the beneficiaries. v. Program Coordination Meeting It is essential for all Unit Heads of all programs of CLEC, key staff and advisors to meet on a regular basis (quarterly) to: 11

12 Ensure smooth communication and coordination between all of the CLEC programs by sharing information and experiences/best practices on the cross-cutting program strategies on legal empowerment and law and policy enforcement; Update, monitor and review all planned achievements including activities, outputs and outcomes against the timeframes set forth earlier; Discuss and minimize challenges and risks occurring over time; Make decisions on program issues and challenges, including, but not limited to: deviation of program approaches, coordination in an individual program and between programs, program funding/fund-raising, reporting and other periodical planning. vi. Program Unit Meeting It is essential for all program Unit staff and advisors to meet on a regular basis (monthly) to: Ensure smooth communication and coordination between all work plan by sharing information and experiences/best practices on the cross-cutting program strategies on legal empowerment and law and policy enforcement; Update, monitor and review all planned achievements including activities, outputs and outcomes against the timeframes set forth earlier; Discuss and minimize challenges and risks occurring over time; Make decisions on program issues and challenges, including, but not limited to: deviation of program approaches, coordination in an individual program and between programs. vii. All-Staff Meeting All staff of CLEC will meet regularly every two months in order to: Update all program activities as well as address challenges; Exchange information regarding admin, finance and human resources and other general management issues that all staff needs to be informed and discussed about; 3. ORGANIZATIONAL CAPACITY ON HUMAN RIGHTS As described in question (1) CLEC intervention promotes the social movement for a better understanding of the areas. CLEC services are provided to a wide range of vulnerable communities including the rural and urban ones and the indigenous peoples. Some specific local (commune) and national authorities are also targeted aiming to improve policy and law and to provide better services for the target communities in rights-based approaches to development and poverty alleviation. CLEC is a learning organization. Its intervention is heavily depending on a diversity of NGO-partners, community supports and other stakeholders. While CLEC focuses on legal area, it needs the others to fill in the missing in community organization and strengthening, coalition building and other advocacy and community supports in order for the vulnerable communities to enjoy better human rights respect which at last contributes to their poverty alleviation. CLEC has developed its strategic plan in every three years to determine its direction contributing to the enhancement of human rights, rights-based approaches to development and poverty alleviation. A participatory process to develop the strategic planning has been made with the inclusion of communities, workers/unions and beneficiaries, NGO-partners and other stakeholders to make sure CLEC intervention goes rights to the need of beneficiaries in those questioned areas. CLEC has its staff development planning. Along with annual staff appraisal and some specific needs, individual and group capacity building is determined so that CLEC staff is capable to ensure their intervention promoting the questioned areas. 12

13 4. ORGANIZATION S MADATE Human rights issues in relation to land and natural resources, labor, indigenous, child and women along with other associated rights from economic, social and cultural rights are the cross-cutting themes of all CLEC programs. For example: when claiming land and labor rights, rights to assembly, expression, movement, association, housing, employment, etc are included. As cited earlier, CLEC combines its legal education, legal aid and legal advocacy together to lay out the foundation of the human rights, democracy and rule of law. 5. BENEFICIARIES Rural and urban vulnerable communities including the indigenous peoples and their traditional authorities; Workers and their unions; and Aiming to promote access to justice for the grassroots people/communities, CLEC also builds the legal knowledge and capacity and other skills in alternative dispute resolution to target local authorities, especially from the commune councils up to the provincial government officials to help the local communities solve their local disputes. 6. FORMS OF SOCIAL MOBILIZATION In the areas of land and natural resources, labor, access to justice and good governance, the operations cover: The emerging communities against community land rights violations and forced evictions; The community protests to protect their existing access and to promote for a better access to land and natural resources; The collective campaigns of the workers and their unions for a better protection and promotion of the individual and collective labor rights in a better workplace; and The community demands for a participation in the law and policy making process to make sure they have better law and policy in place along with the enforcement for their benefits. CLEC uses different forms of intervention: Legal education and awareness through training, radio and TV talk shows, educational video and radio spots, posters, T-shirts, wall-hanging, newspaper article writing; Legal advocacy on policy/law development, good governance, human rights/legal protection nationally and internationally; Litigation in high profile cases (not individual interest) in land and labor rights. A legal team including lawyers is available for the intervention; Coalition building around the cases between NGO partners and between communities so that the target groups are getting holistic supports; Media campaigns to generate publicity of the issues and cases for public education, public debates and then for the dissemination of the impacts to other communities and other stakeholders; and Seeking support and cooperation from relevant government institutions. 13

14 7. EXTENT OF COOPERATION WITH THE GOVERNMENT It varies from different programs and interventions of CLEC, for example: The public Interest Litigation Project is the most controversial, as its cases work against the government and the business people in good connection to the government officials and even to the government. It is cases that the government forces the urban poor to leave their homes for both private and public development without paying fair and just compensation. It s hard to get cooperation from the government and the government even scrutinizes CLEC work. Anyway CLEC manages to get the cases proceeded to an extent of success, even not 100% success); and CLEC has won a bid to provide its contractual services in the Access to Justice for the Indigenous People Project owned by Ministry of Justice and Ministry of Interior with the fund from UNDP for CLEC has closely and cooperatively worked with the ministries to provide CLEC services to the indigenous communities in two provinces (Mondulkiri and Ratanakiri). The wide range of activities includes: o Grassroots training in 6 modules to villagers and their traditional authorities in 12 villages (4 in Mondulkiri and 8 in Ratanakiri) on their legal rights in relevant laws, judicial system and skills in alternative dispute resolution; o o o o o o Commune training workshop for the commune councils in the two provinces to understand more of the legal rights to land and natural resources and livelihood systems of the indigenous peoples; Regional training workshop for the provincial officials, police and judges and prosecutors in the two provinces to understand more of the legal rights to land and natural resources and livelihood systems of the indigenous peoples; Peacetables -- the public hearing where all parties in selected disputes come together with their case for solution from the provincial officials and NGOs chaired by the provincial governor or his/her representative and the representatives from the Ministries of Interior and Justice; Legal aid providing lawyers to individual indigenous people in disputes in the courts; Media (TV and Radio talk shows) producing live talk on radios and TVs for the public to understand more about the legal rights to land and natural resources and livelihood systems of the indigenous peoples; Material publications of posters and T-shirts with regard to the legal rights to land and natural resources and livelihood systems of the indigenous peoples; 8. CAPACITY TO PROMOTE HUMAN RIGHTS CLEC provided a legal representation to a remaining Koh Pich community of about 90 families from government s forced eviction without paying fair and just compensation in 2004 till 2006, even though two families are still challenging the government in the supreme court until now. Koh Pich is a small island of around 68 hectares in Tole Bassac River in front of Naga Casino, Phnom Penh. The people were first provided only a small plot of residential land and some food to move to a remote area in Kandal province. With CLEC intervention (also with close cooperation from partner-ngos and other stakeholders to mobilize/organize/empower the scattered community), the compensation had been made and increased over the time by many stages of structured 14

15 negotiations with the Municipality of Phnom Penh. The last offer of the Municipality to the community is $12.00/sq meter out of the rate of $24-26/sq meter appraised by an independent real estate in There are 6 other similar cases in Phnom Penh, Ratanakiri, Koh Kong and Kratie involving different communities going on protest against the powerful and business people encroaching upon their land and natural resource rights in the form of getting the economic land concessions from the government. Apart from Land and natural resource issues, labor movement where involving unions and union federations rising up for better working conditions in their workplace. Similar intervention has been made with specific results as in the land and natural resource program. As in our strategic planning , all CLEC programs are guided by the needs of the communities-beneficiaries. Matching with CLEC high competent staff in legal skills and advocacy and with constant capacity building in the legal areas guided by the community needs, participation in the human rights-based struggles are the best fit of CLEC. Responsive to that, CLEC has established four main programs on land and natural resources, labor, access to justice and good governance. 9. STRATEGIC AND OPERATIONAL PLANNING There is a deteriorating environment for democratic participation and practice. 1 Of particular concern are four areas where problems continually persist, and threaten to impede development in Cambodia: (1) land and natural resources; (2) labor; (3) access to justice; and (4) good governance. Development must be for everyone, but the exclusiveness can be seen everywhere. Communities rights to land and natural resources could not be firmly protected, while the workers and their unions are facing poor working conditions and discrimination from the management. A sound number of national laws and international instruments are in place, but they are not fully enforced and even used to favor the power and the business people. Although efforts in the legal and judicial reform are made by the government, little improvement is seen. Abuse of power and miscarriage of justice have resulted in flagrant violations of human rights and the detriment of democracy and rule of law, leaving the poor communities, workers and their unions, and the human rights defenders even more vulnerable. The improper application of law provides large affected communities to go past the low level of dispute resolution mechanisms including the court to the prime minister. To overcome the frustrations, they come together to Phnom Penh to file as their last resort their joint complaint to Prime Minister for intervention. CLEC has developed two-pronged strategies to improve the situations by combining its legal education and legal advocacy to (1) upgrade legal empowerment of target groups so that they are more able to assert their rights and interests; and (2) influence/contribute to policy and law development and enforcement to support and protect the target groups rights and interests in the areas of land and natural resources, labor, access to justice and good governance. CLEC Strategic Plan involves all different target groups, multi-disciplinary NGOpartners, and other stakeholders including the local and national government agencies so that CLEC strategic intervention keeps its relevancy and is viable and responsive to their needs, especially the poor communities including the indigenous people. The two pronged strategies above came out from their involvement. Legal empowerment has been defined as the foundation for the target groups, the poor communities/indigenous people, to advocate by themselves for a better protection of the rights and 1 Ghai, Yash, Report of the Special Representative of the Secretary-General for Human Rights in Cambodia, January

16 interests without much depending on NGOs. CLEC and its NGO-partners with its integrated approach of intervention and support enhance the rights assertion process of the target groups to be more effective, non-violent and legally accepted. Furthermore, CLEC along with its NGO-partners and the empowered target groups has more influence to participate in the development and enforcement of the law and policy for the promotion of the target groups rights and interests. 10. METHODS TO ASSESS THE RESULTS Each program has its monitoring and evaluation tools, especially in the land and natural resource program and labor program. It is generally set out with key indicators on legal (people) empowerment levels, people s participation and voice, media involvement, changing in policy and professional practices and other results from litigations In favor of the communities. Progress/narrative reports, media coverage, etc. are available for the assessment. 11. THE GOVERNMENT S RESPONSE TO RIGHTS CLAIMS As experienced, the government does not directly respond to the claim. But, as in the description in (6) and (7), reception of it can be seen by its increasing offer. Normally the government does not want to talk directly with CLEC lawyers or NGO workers, but they try to talk directly to the community members so that they can put pressure and intimidation to get them agree to a proposal. NGOs and/or CLEC have just to prepare the community for all circumstances so that they are able to handle the case by themselves. As legal empowerment is the foundation of the advocacy, each of the four programs of CLEC primarily brings its focus (1) to build communities and their link between national and international communities; (2) to mobilize support from national and international NGOs for the communities; (3) to seek more cooperation from relevant government agencies to provide proper solution for the communities; and (3) to generate public debate on issues from specific high profile cases and law and policy. Through the effectiveness of the legal empowerment, government s responses, although they are not yet at the high satisfaction level, have been made for communities such as: o o o o o Peaceful negotiations between the communities, private companies and government officials for better solutions in disputes; Better solutions in cases have been significantly increased over the time of negotiations; Delays in forced evictions by the series of the government s eviction notices; Better respect and solutions to workers rights violations through judicial process and through the establishment of collective bargaining agreements (CBAs); Acceptance of communities/workers/unions participation in the development process of law and policy //

17 ADHOC The Cambodian Human Rights and Development Association 1. BACKGROUND The Cambodian Human Rights and Development Association (hereafter referred as to ADHOC) 2 was established and started its activities in December 1991 after the Paris Peace Agreement was signed on 21 October The association 3 was founded by a group of former political prisoners who had been detained in the late 1980s because of their peaceful advocating for human rights and democracy. Its first office was in a Buddhist temple in Phnom Penh, supported by a small group of volunteers who believed in the importance of democracy and human rights. ADHOC was registered with the Supreme National Council (SNC) in 1992 and began its ongoing appeal to defend the human rights and democracy. Since its establishment, ADHOC s operations had been financed by several donors. With financial assistances from donors, ADHOC developed two main programs such as investigation programme of human rights violations and human rights training programme to protect people from human rights abuses. ADHOC s programs, activities and staff have increased over the years and presently the association has a central office in Phnom Penh and 23 provincial offices 4. The offices carry out the different programs in communes and villages around Cambodia. 2. NATURE OF THE ORGANIZATION ADHOC is an independent, non-partisan, non-profit, non-governmental organization and a local human rights organization. ADHOC is also a membership organization. It has employees hired to implement programme and carry out specific tasks and it has approximately 50,000 members deployed in Phnom Penh and other 23 provinces to voluntarily communicate human rights issues and concerns to ADHOC provincial officers. ADHOC has different mechanisms to deal with or address human rights issues/concerns and to assist in its programme implementation such the General Assembly, the Advisory Board, the Management Committee, Donors Meetings, Monitoring Section 5 and Advocacy Section. ADHOC is also a member of the Human Rights Action Committee and networks with other organizations. 2.1 The General Assembly: ADHOC General Assembly is the highest policy-making body of the organization. The General Assembly is held every three years to elect a President and a Secretary General to supervise the overall management, administration, finance and implementation of program activities. 2.2 The Annual Assembly: ADHOC also has its Annual Assembly with all ADHOC staff participation. This Annual Assembly is held each year to review past program implementation and to make necessary recommendations for the next year s plan of activity and budget. 2 See ADHOC at 3 The Word Association is just only named. Each member does not oblige to pay membership fees. It functions as an independent, non-partisan, non-profit, non-governmental organization and as a human rights organization. 4 Cambodia has one capital and 23 provinces (the Sub-Decree No. 18 of the Royal Government of Cambodia, dated 12 January 2009, signed by Hun Sen). Previously, Cambodia had 3 municipalities and 21 provinces. Now Phnom Penh is the only Capital of the Kingdom of Cambodia. 5 Each Section managed by head of Section and Deputy-head of Section 17

18 2.3 The Annual Donors Meeting: ADHOC also convene an annual Donors Meeting to provide an opportunity to all ADHOC funding agencies to review and to improve the past year s program activities implementation and to contribute to the planning of next year s program. 2.4 The Advisory Board: This mechanism meets every year at a date set by the Management Committee in order to discuss ways to improve the implementation of program activities. 2.5 The Monthly Meeting: It is a give-and-get advice session; participants include provincial staff who rotate, heads of the Advocacy and Monitoring sections and Program Officers. 2.6 The Weekly Meeting: The Management Committee conducts weekly meeting to review the implementation of the program activities, to assess the central and provincial staff s performance and service delivery, and to take action or to make decisions on on-going matters. The Management Committee also conducts weekly consultations with staff to share information in regards to program implementation, to formulate annual plans of activity and budgets, to make decisions on the program operation and to approve all office and personnel policies. 2.7 The Meetings with Networks/Alliance: The Advocacy Section usually communicate with Network/Alliance regarding the meetings when there are serious human rights issues/concerns which need collective decisions and voices from member organizations. 2.8 The Annual Staff Retreat: ADHOC conducted a staff retreat once in the past and such an annual staff retreat has no longer existed The Staff Care: ADHOC does not have staff-care organizing to resolve relationship problems, family problems, stress, conflict at work, depression, self-esteem issues, etc. One or two days staff-care by touring all staff to a place where staff could relax and strengthen their relationship. 3. ORGANIZATIONAL CAPACITY ON HUMAN RIGHTS ADHOC is tasked to address the absence of the basic rights, freedoms and liberties in Cambodia by providing people with knowledge and understanding of human rights, law and democracy and of how to defend these rights and freedoms themselves. ADHOC involved in an important aspect of development by combating human rights violations and promoting human rights which are linked to development and poverty reduction. The two main sections of ADHOC significantly take part in promoting the understanding of human rights and rights-based approaches to development and poverty alleviation and they are: 3.1 The Monitoring Section: This section monitors 3 main programmes such as (1) Human Rights Programme, (2) Land Rights Programme and (3) Women s Rights Programme. With these programmes, ADHOC staff provides legal assistance to victims of human rights, land rights and women s rights violations such as filing a complaint to the competent authorities such as police and courts. 3.2 The Advocacy Section: This section implements 5 main programmes such as (4) Campaign Programme, (5) People Empowerment Programme, (6) Media Programme, (7) Publication Programme and (8) Khmer Rouge Tribunal Monitoring Programme. ADHOC has its headquarters in Phnom Penh and provincial offices throughout the country - in 24 provinces including Phnom Penh. These programmes help bring voices of people s human rights concerns/issues, build people s human rights knowledge and legal process/procedures, provide/inform tools to people to 6 It is not done due to funding constraint 18

19 redress their human rights violations and to bring about changes of policies, behaviors and practices. Monitoring Section Human Rights Programme Land Rights Programme Women s Rights Programme Advocacy Section Campaign Programme People Empowerment Programme Media Programme Publication Programme Khmer Rouge Tribunal Monitoring Programme ADHOC works on a rights-based approach to child protection, to gender equality (women s rights), links human rights standards to vulnerable or excluded groups such as indigenous people. ADHOC has developed human rights campaigns for the protection of Economic, Social and Cultural Rights (ESCR): Cambodian people living in suburban and far remote rural areas are still under poverty line because they have unequal access to natural resources, standardized education and social services. All these key factors have hindered poor and powerless people to benefit from an improved living standard, better health care and sanitation, let alone in poor condition of infrastructure, landlessness and unemployment. ADHOC support the government to improve government s policies, especially the annual national budget plan to increase access of most vulnerable and marginalized groups to social services (mainly health and education services, labor and food conditions). Inequality and exclusion represent major barriers for poverty reduction in Cambodia. Therefore ADHOC contributes to poverty reduction in the areas of participation, empowerment and the transformation of State-society relationship. As clearly stated in the intervention programs, ADHOC addressed mainly on absence of basic rights, freedoms and liberties in Cambodia society by providing people with knowledge and understanding of human rights, law and democracy and of how to defend these rights and freedoms themselves. Those interventions contributed to the development and poverty alleviation. As example, investigates cases of land rights abuses, ADHOC refers these cases to state institutions for action. Furthermore, ADHOC provide training on human rights and law, in particular land law, to government authorities and people at grassroots level which bring them with better understanding of rights. In addition, through the advocacy program of the organization, its program could mobilize the support from national, regional and international communities to collaborate in efforts to promote and protect human rights in the country, and to strengthen civil society in informing the general public, decision-makers and policy-makers regarding human rights and related development issues affecting the lives of the people that obviously link to the development and poverty alleviation. 4. ORGANIZATION S MANDATE ADHOC s mission is to strengthen the capacity of ordinary citizens, enable them to defend their own rights and lobby and advocate for better governance and full respect for human rights that every citizen can practice. Therefore, ADHOC s mandate handles all human rights 7 : human rights violations by influent people, land rights including right to adequate housing, women s and children s rights. ADHOC covers all classifications of human rights - civil and political rights, economic, social and cultural rights, and indigenous rights through its two main sections such as (1) Monitoring Section, and (2) Advocacy Section. All the above-said two main sections of ADHOC implements eight programmes as follows: 7 ADHOC s mandate covers civil, political, economic, social and cultural rights through its 8 programmes. 19

20 4.1 Human Rights Program 8 This program monitors and investigates human rights abuses committed by public and military authorities. Cases received and investigated are referred either to the court or the government agencies involved. Certified copies are then forwarded to the Human Rights Commission of the Senate, the National Assembly and UNCHR. Serious cases are sent to the Action Committee - an umbrella organization of 23 Human Rights NGOs - for collective action such as public denunciation through mediaprint, statement, press release, press conference, and letters of intervention or lobbying the ministry involved. The Human Rights Program also monitors the prisons in Phnom Penh and in the provinces in a monthly basis. 4.2 Women s Rights Program 9 This programme focuses its activities on women's rights research and training on the occurrence and prevention of domestic violence, rape, and trafficking in women and children. These activities are implemented in seven provinces: Kampong Cham, Kampong Thom, Svay Rieng, Banteay Meanchey, Battambang, Koh Kong and Phnom Penh. Four provinces, Kandal, Takeo, Kampong Speu and Kampot only engage in the monitoring activities. The Women's Section researches the legal and social implications of domestic violence in order. The laws related to women's issues, such as marriage law and labor law, must be researched and explained to women and men in order to prevent violence against women and to encourage women to participate in dispute resolution in their community and society. To promote women's rights, the Women's programme carries out two activities and they are: Education activity: This provides a foundation toward the elimination of domestic violence and a basic framework for the prevention of sex exploitation and trafficking. This program is geared toward developing respect for women's rights, eliminating all forms of discrimination against women, and bringing an end to the belief that women are inferior to men. Through training, women are able to recognize their human rights when their rights are being abused and know how to redress it. The solidarity between women is created at the training sessions and it contributes to the strength and supports women to deal with their domestic violence taking legal action against abusers. Knowing that other women experience domestic violence but that it is their right to live free from fear of abuse can be empowering in itself. Women in Cambodia are beginning to speak out against domestic violence, and hopefully increased education will help more women to do the same. Furthermore, the trafficking of young girls into the sex exploitation trade must be stopped if Cambodian women can have a future as educated, safe, and healthy members of civil society. In a common situation, a friend may promise parents they can find well-paying jobs for their daughters and then bring them into the cities where they are kept as prostitutes. These girls find it extremely hard to leave these situations and even if they somehow can, the support networks to educate them and support them are inadequate. To prevent this situation, ADHOC focuses on educating rural communities about the tactics of traffickers and hopes that parents will understand not to send their daughters away for work Monitoring activity: The Women's Rights Programme receives complaints from victims of domestic violence, rape, forced prostitution and trafficking in children and women. The Women's Rights Programme seeks to assist in finding a resolution suitable to the victims and to protect the victims from serious danger. Legally, domestic violence is not yet a crime in Cambodia. Although assault and battery are crimes, it is difficult to convince a court that the affairs between a married couple should be 8 Under Monitoring Section 9 Under Monitoring Section 20

21 the concern of the court. Therefore, the Women's Rights Programme coordinates with other concerned organizations, such as the Ministry for Women's and Veteran's Affairs, the Cambodian Women's Crisis Center, and the National Assembly's Human Rights Commission to find the best solutions for the victims. Often women who come to ADHOC are assisted in finding medical care, in finding a safe place to live, and in filing for divorce. Although rape is legally a criminal offense, the legal system inadequately provides for the prosecution of rapists. Often, the perpetrator will give money to the court in order to drop the investigation. Then, the court will inform the victim and her family that they should accept a small financial compensation. Once the victim's family has taken the money from the perpetrator, they are told by the court that the case can no longer be prosecuted criminally. The victim is not usually consulted as to whether they would prefer the perpetrator in prison or if they would prefer the money. In many situations, the victim's family cannot afford to pay the court enough to encourage pursuit of the criminal case and therefore none is ever brought. In addition to the legal problems with prosecuting rapists, the fact that rape victims are no longer virgins affects their status in their communities. Rape victims can lose their chances of being married. Families will marry the victims to the perpetrators as an alternative to watching their daughters live as outcasts. One of the functions of the women's rights workers at ADHOC is to investigate trafficking of Cambodian women and children. Sexual exploitation in Cambodia has increased despite the government's administrative measures to crack down on trafficking of individuals and the exploitation of minors. Although prostitution is not clearly illegal, it is illegal to buy and sell people for the purpose of exploiting them sexually. Due to the lack of education among the police force as to the laws against trafficking and exploitation of minors, and the good relationships between police officers and brothel owners, protecting the interests of trafficked women and children is difficult. Therefore, ADHOC is involved in a network of organizations concerned with protecting the interests of women. When it is possible to gain access to the women in the brothels, or when they are able to seek help from the outside, ADHOC works to find adequate shelter, employment, medical care, and support for the women. The laws in Cambodia do not provide adequately for the protection of the rights of women. ADHOC provides training as a preventative measure and interventions as a way to help after the fact, but until the government takes a clear legal stance to protect the rights of women and enforces those rights adequately, women will have no legal recourse in the case of abuse or exploitation. 4.3 Land Issues Program 10 Landlessness is primarily attributed to land grabbing committed by powerful and rich people, often with the assistance of national and/or local authorities. Landlessness endangers people s economic, social and cultural rights. The government s responsibility is to ensure people s full enjoyment of these rights. ADHOC monitors and investigates cases of land rights abuses and refers these cases to state institutions for action. Furthermore, ADHOC provide training on human rights and law, in particular land law, to government authorities and people at grassroots level. During the periods of major conflict, land rights were abolished or abandoned in Cambodia. Since 1991, the country has been trying to establish a free market in land to promote economic and agricultural development. This process has been difficult due to the confusion over previously held land titles, military occupation and use, and government possession and sales of land. The rural communities of Cambodia depend upon their land for farming rice, vegetables, and keeping animals. This type of subsistence farming support and feed much of Cambodia's poor population. Since 10 Under Monitoring Section 21