WUNRN
WHAT WILL THIS MEAN FOR
WOMEN'S/HUMAN RIGHTS NGO'S IN BANGLADESH? HOW WILL FOREIGN FUNDING LIMITS
AFFECT
THEIR SUSTAINABILITY, ADVOCACY,
PROGRAMMING? COULD INTERNATIONAL WOMEN'S EFFORTS BE MEANINGFUL FOR
SUPPORT?
PRESS RELEASE - THE
OBSERVATORY
FIDH - International
Federation for Human Rights
OMCT - World
Organization Against Torture
Bangladesh - New
Pending NGO Law Aims to Suppress Independent Human Rights Work &
to Establish Restrictions on NGO Receipt of Foreign Funding
Geneva-Paris, June 18,
2014. The World Organisation
Against Torture (OMCT) and the International Federation for Human Rights
(FIDH), within the framework of the Observatory for the Protection of Human
Rights Defenders, are concerned about the pending adoption of a new Law in
Bangladesh reinforcing government control over the work of civil society
organisations.
On June 2, 2014, the
Government of Bangladesh approved the draft “Foreign Donations (Voluntary
Activities) Regulation Act, 2014” at a regular meeting of the Cabinet, which
was chaired by Prime Minister Sheikh Hasina. The Bill is due to be placed
before the Bangladesh Parliament soon for enactment into law. With the adoption
of the Act, the previous Foreign Donations Voluntary Activities Regulation
Ordinance, 1978, and the Foreign Contributions Regulation Ordinance, 1982 will
be repealed. Although the Government claims the law aims to ensure better
transparency and accountability for the use of foreign donations by
non-governmental organisations (NGOs) in the country, it de facto severely
restricts freedoms of association by hindering NGOs’ access to funding.
“The effect is that NGOs documenting
human rights violations, including torture and enforced disappearances, can be
closed arbitrarily by the authorities to use funds for doing so. Bangladesh has
a history of abusing funding restrictions to curtail critical human rights work”,
said OMCT Secretary General Gerald Staberock. The Law reinforces government control, including by
appointing an administrator that will directly monitor NGOs that receive
funding from abroad”, Mr. Staberock added.
Section 3 of the Act
stipulates that NGOs will not be allowed to receive foreign donations without
prior permission from the NGO Affairs Bureau (NGO-AB) for any project they wish
to undertake. NGOs will have to declare to the Government the source of foreign
donations and how they will be used. In addition, they will have to be registered
with the NGO-AB to undertake such activities, and they will have to renew their
registration after 10 years (Section 4).
Importantly, under the
Act, the NGO-AB, which is placed under the supervision of the Prime Minister's
Office, has the authority to inspect, monitor and assess the activities of NGOs
that receive foreign funding, allowing direct control and surveillance over
their activities (Section 10). To this end, the Bill gives all related power to
the Director General (DG) of the NGO-AB and its executive administrative
officers (the Divisional Commissioners, the Deputy Commissioners and the
Upazilla Nirbahi Officers). They will have full control over the activities of
NGOs receiving foreign funding, including through regular visits of NGO offices
and monthly coordination meetings. In addition, NGOs will not have the right to
challenge the decisions of the executive officers before the judiciary. The DG
can also unilaterally appoint an administrator to file or oversee a case in
order to close down or dissolve any NGO (Section 14).
Moreover, the Act
provides for punitive measures in cases of violations of the law, which
includes cancellation or suspension of registration and imposition of fines
(Section 16).
The Act also prohibits
political parties, judges of the Supreme Court, lawmakers, elected local
representatives, and government and semi-government employees from receiving
foreign donations (Section 5).
The Observatory is
concerned that such proposed legislative reforms are contrary to international
law regulating the right to freedom of association, as they would
establish a set of harsh restrictions towards NGOs, which would go far beyond what is
permissible under international law. The right of NGOs to freedom of
association is a fundamental and universal right enshrined in numerous
international treaties and standards, especially Article 22 of
the International Covenant on Civil and Political Rights (ICCPR), which
Bangladesh has ratified. While this right may be restricted by the Government,
especially for purposes of transparency and good governance, any
restrictions must always be “prescribed by law” and “necessary in a
democratic society”, and respect the primacy of the general interest and
the principle of proportionality (Article 22.2 of ICCPR and case-law of
the United Nations Human Rights Committee). It should be emphasised
that freedom shall remain the rule, while restrictions should always be an
exception admissible under the above-mentioned conditions.