5/17/2011

Legal Framwork of NGOs in Cambodia

International Center for Not-for-Profit Law ((ICNL) issued its newsletter related challenge of NGOs in the world. This publication also quoted my article on Legal Framework of NGOs in Cambodia.

Letter from the Editor
This issue of the International Journal of Not-for-Profit Law leads off with a
comprehensive overview of the legal framework for global philanthropy. The report was
commissioned by the Council on Foundations as a contribution to Global Philanthropy
Leadership Initiative, a joint project of the Council on Foundations, the European Foundation
Centre, and the Worldwide Initiative for Grantmaker Support. Prepared by David Moore and
Douglas Rutzen of the International Center for Not-for-Profit Law, the report finds that although
cross-border giving has reached impressive levels, restrictive laws have prevented it from
achieving its full potential. The report examines laws in both donor countries and recipient
countries that have constrained cross-border giving, featuring examples from the United States,
Europe, and elsewhere. It proposes a wide array of options designed to reduce barriers to crossborder
philanthropy, and considers the challenges they may face.

The issue also features a timely look at the laws governing NGOs in Cambodia, by Ke
Bunthoeurn. The author summarizes and analyzes the pertinent rules and sets forth potential
reforms that would bring Cambodian NGO law into line with the country‘s constitution as well
as applicable international agreements. This analysis is presented at a moment in which
controversial and restrictive legislation has been proposed by the Government of Cambodia, with
only belated and so far largely disregarded consultation with civil society organizations, and
without consideration of key recommendations in Mr. Bunthoeurn‘s thoughtful article.

Finally, Myles McGregor-Lowndes provides an update on an important Australian case.
In AID/Watch Inc. v. Commissioner of Taxation, the High Court concluded that seeking to
promote public debate qualifies as a charitable purpose.
We appreciate our authors‘ willingness to share their insights on current issues affecting
freedom of association and civil society.
Stephen Bates
Editor
International Journal of Not-for-Profit Law
sbates@icnl.org

For more information relating this articles please click http://www.icnl.org/knowledge/ijnl/vol13iss1/art_1.htm

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