The government should reconsider some of the overly restrictive powers contained in its approved draft of the Foreign Grants (Voluntary Activities) Regulation Act 2014.
Various NGOs, including Transparency International Bangladesh, have opposed parts of the new law because it contains provisions giving authorities overarching power to interfere in the operation of charitable organisations and to cancel their registration for alleged violations at any time.
The provision requiring prior approval before anyone involved in voluntary activities travels out of the country for purposes connected with their work, seems too open-ended. For instance, it could be used to stop NGO employees traveling abroad for conferences and training.
Moreover, by restricting the freedom of people to leave the country, it is also a potential violation of article 12 of the International Covenant on Civil and Political Rights. There is no need to give unnecessarily arbitrary power to officials to interfere in projects which they themselves are not responsible for funding or administering.
We support the principle of the government requiring NGOs to show more transparency in their operations. Improving disclosure of how NGO funds are raised, managed, and spent is important for accountability. Initiatives such as the ERD’s Bangladesh Aid Information Management System (AIMS) are certainly welcome in this respect.
However, there is no reason for NGOs to be subjected to excessive interference by the state. Existing laws and audit rules should be sufficient to act against cases of fraud or abuse of the law.
The government should focus its role on ensuring transparency and accountability. This is both more efficient and less open to arbitrary misuse by officials. It can be left up to donors themselves to reward the most effective and transparent NGOs.
