WUNRN
WHAT
WILL THIS MEAN FOR WOMEN'S/HUMAN RIGHTS NGO'S IN BANGLADESH? HOW WILL
FOREIGN FUNDING LIMITS AFFECT THEIR SUSTAINABILITY, ADVOCACY,
PROGRAMMING?
http://www.omct.org/human-rights-defenders/statements/bangladesh/2014/12/d22942/
BANGLADESH
– LAW PASSED THAT CAN SUPPRESS HUMAN RIGHTS WORK & RESTRICT RECEIPT OF
FOREIGN FUNDING
Geneva-Paris, December 12, 2014 –The Observatory for
the Protection of Human Rights Defenders, an OMCT-FIDH joint
programme, is alarmed by the Foreign Donations (Voluntary Activities)
Regulation Bill which was approved by the Bangladeshi cabinet on
December 1, 2014. This bill contravenes international human
rights law by making registration mandatory for all NGOs receiving foreign
funds and imposes serious curbs on the work of civil society
organisations.
On December 1, 2014, the Bangladeshi cabinet gave the final approval
to the draft “Foreign Donations (Voluntary Activities) Regulation
Bill, 2014” making registration with the NGO Affairs Bureau mandatory for
all NGOs receiving foreign funds. The new legislation would combine
the Foreign Donations (Voluntary Activities) Regulation Ordinance,
enacted in 1978, and the Foreign Contributions (Regulation) Ordinance,
enacted in 1982. Both laws were adopted through military
proclamations. On June 2, the cabinet approved in principle the draft
Foreign Donations (Voluntary Activities) Regulation Bill, 2014, which
later drew criticism from donor agencies and NGO activists[1].
The legislation also bars political parties, Supreme Court judges, members
of parliament, government employees, and candidates in local or
national elections from receiving foreign donations.
According to the law, NGOs will have to maintain a separate bank
account for receiving foreign donations and will have to inform
the NGO Affairs Bureau about the source of funds and its purpose to get
approval of the bureau. This process is mandatory for carrying out
activities using with foreign funds.
Under the new law, NGOs will be registered for a period of 10 years
instead of five years and registration can be cancelled anytime for
violation of the regulation.
On December 1, the Bangladeshi cabinet secretary M Musharraf Hossain
Bhuiyan said that NGOs operating in the country would require
approval of the home ministry for appointing foreigners to any positions
within their organisations. Moreover, on December 1 it was also
announced that the prime minister had ordered the departments
and agencies concerned to prepare a list of foreign citizens who were
overstaying or working without work-permit in various sectors
including NGOs in order to take immediate legal action against them. All
of these measures aim at further shrinking the space for civil
society organisations and criminalising international cooperation.
The Observatory is concerned that the new legislation establishes a set of
harsh restrictions towards NGOs, which would go far beyond what is
permissible under international law regulating the right to freedom of
association. 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).
The Observatory therefore calls on the Bangladeshi authorities to
comply with their international obligations and commitments on
freedom of association and immediately repeal
the Foreign Donations (Voluntary Activities) Regulation Bill,
2014.
From: WUNRN LISTSERVE
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Subject: Bangladesh - Pending NGO Law May Suppress Human Rights Work
& Restrict Receipt of Foreign Funding
WUNRN
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.