The draft of a new law regulating non-governmental organisations (NGOs) operating in the country was approved by the cabinet yesterday authorising the NGO Affairs Bureau to cancel the licence of NGOs for irregularities and corruption.
The draft law styled “The Foreign Donations (Voluntary Activities) Regulation Act, 2014” gives line ministries the authority to require revision of non-governmental organisations’ projects or to order them cancelled.
It requires prior approval before anyone involved in voluntary activities travels out of the country for purposes connected with their work on the project.
That provision is a potential violation of article 12 of the International Covenant on Civil and Political Rights, which gives anyone the freedom to leave any country, including their own.
The draft law was approved by the cabinet at a cabinet meeting chaired by Prime Minister Sheikh Hasina.
But the draft has met with criticism from international rights watchdog, Human Rights Watch, which has described it as restrictive and prone to abuse.
“These are the kind of restrictions one usually associates with a one-party or authoritarian state, not a democracy like Bangladesh,” Robertson said. “Governments should not be in the business of deciding what is and isn’t a good project or whether people can travel outside the country.”
There have been reports that 15 NGOs, including Transparency International Bangladesh, opposed the proposals in the law when the draft was earlier circulated for their opinions.
According to the proposed law, NGOs receiving foreign funding must register with the Non-Governmental Organisation Affairs Bureau (NGOAB) in the Prime Minister’s Office and subject their operations and funding to increased scrutiny and control.
HRW has opposed the draft law in its present form, citing the potential for misuse. It has called on foreign donors to publicly express misgivings about the proposed legislation.
“The draft law can easily be misused to limit perfectly legitimate activities of NGOs and to attack critics,” said Phil Robertson, deputy director for Asia, said.
“Corruption is flourishing in the government and the private sector, so it is more than odd that the government is spending its time passing tough laws that target NGOs,” Robertson said.
The provision requiring approval for foreign funding will effectively allow government control over the issues groups receiving foreign funding can work on.
Groups receiving or planning to receive foreign funding must register with the NGOAB, submit to inspections and monthly coordination meetings with its representatives, and seek approval for all planned activities before receiving the grant, according to the draft law.
In addition to the reporting requirements and control measures, the bill proposes tough sanctions for non-compliance by both organisations and individuals, including fines and disciplinary action.
If there is disagreement over any order under the law, the non-governmental organisation or the individuals involved would be able to file an appeal with the prime minister’s office.
However, the draft states that its ruling would be final, denying recourse to an independent judicial process.
Cabinet Secretary Musharraf Hossain Bhuiyan said NGO’s would have to get approval from NGOAB before adopting and implementing projects.
NGOs will need the consent of the Home Ministry to appoint foreign consultants, the cabinet secretary said, adding that the NGO Affairs Bureau would scrutinise such proposals.
“The consent of the Chittagong Hill Tracts Affairs Ministry will be required if an NGO wants to run a programme in the region. There will be regular vigilance by the Chittagong Hill Tracts Regional Council of the programmes,” he said.
The draft law says NGOs must maintain a separate bank account to deal the foreign aid, and that account would be subject to scrutiny and audits by NGOAB.
NGOs must submit statements of their accounts to NGOAB, which will have the power to inspect, monitor and evaluate the activities of NGOs.
Annual statements must be submitted by every NGO to the NGO Affairs Bureau director general, the draft law says.
“The staff and officials of an NGO will face criminal cases if the organisation is involved in terrorism financing and trafficking of women and children,” he said.
The cabinet secretary said NGOs were currently operating under two ordinances, passed in 1978 and 1982.
The Foreign Donations Voluntary Activities Regulation Ordinance, 1978 and The Foreign Contributions Regulation Ordinance, 1982 were promulgated during the military interregnums.
The government says it is drafting the new law for the sector after the Supreme Court declared ordinances and decrees issued during the interregnums unlawful.