Foreign Donations Regulation Bill and NGOs

The provision says if any foreign funded NGO engages in anti-state activities and finances or patronizes extremism and terror activities, those would be considered as offences and the NGO and its officials concerned would be tried under the country’s existing laws

Very recently a misunderstanding has developed between the Non-Government Organizations and the government. The Jatiya Sangsand on 05 October passed the Foreign Donations Regulation Bill 2016 with a provision (section 14) that says it is an offence for foreign funded NGOs to make inimical and derogatory remarks on the constitution and constitutional bodies. The NGOs demanded that the government discuss the bill with them again and make necessary amendments to section 14 and other ‘undemocratic’ risky and impractical provisions. ‘Local and foreign NGOs urged president Abdul Hamid not to consent to the  bill on foreign funded NGOs as  one of its provisions violates people’s constitutional rights to freedom of speech, thought and organization. About twenty leading NGOs condemn the provision and humbly request the president not to give consent to the bill. But the response has not yet been known. 

The provision says if any foreign funded NGO engages in anti-state activities and finances or patronizes extremism and terror activities, those would be considered as offences and the NGO and its officials concerned would be tried under the country’s existing laws. It also empowers the NGO affairs Bureau to cancel or withhold the registration of a foreign-funded NGO or ban its activities for committing the offences. If the bill remains unchanged it will not be acceptable to the international community as well. This has been said by Sultana Kamal, Chairperson of TIB. Actually a balance of power and a reasonable understanding is necessary to deal with this issue. Non- Government Organizations have every right to work for the country and countrymen but they don’t have any  right to utter derogatory remarks against the government and public representatives. Public representatives represent our sixteen crore people. Whoever they are we must show honour to them. NGO Affairs Bureau is the controlling body of the government to look into the affairs of  NGOs which must be vested with power to take any legal action against NGOs but care must be taken so that they take steps and actions reasonably as we cannot afford to deny the contribution of NGOs to alleviate poverty, raise the level of education and consciousness of the citizens. The country enjoys far better situation than two decades ago  which has become possible through the combined efforts of the government, NGOs and our expatriates who continuously  contribute a lot   to the economy of the country. 
Sultana Kamal, human rights activist said remarks by a foreign funded NGO can be misinterpreted and labelled as ‘inimical’ and ‘derogatory’. And therefore the provision is oppressive and contrary to democratic practices. Such provision curbing the right to freedom of speech and thought does not exist in any similar law in any democratic country in the world. It is totally unacceptable to the NGOs which are contributing greatly to the country’s socio-economic development and establishment of good governance. If bill is amended, recognizing the right to freedom of speech and organization, it would help the NGOs work more effectively and improve the image of the government. The government had set a good example by having consultations with the NGOs on the draft bill. It made them optimistic that the law would be more democratic than the ones framed by dictatorial regimes. The optimism however, was not reflected in the bill. The government actually wants to discourage voluntary initiatives and control the NGOs especially by curbing freedom of speech. This is very risky for the NGOs especially for those working on human rights. We request the government tuning the same voice of Sultana Kamal to see the concerns judiciously in the greater interest of the ongoing development pace of the country which both GO and NGO efforts share. International donor agencies have also voiced concern over the provision. The pace of the country’s overall development is being accelerated by the development activities carried out by different NGOs. The words’ inimical and ‘derogatory’ were not defined in the bill and there was no indication as to who would determine whether and how any comment was inimical, and ‘derogatory. The vagueness will give the government free rein to take actions against an NGO for any critical remarks on the parliament or any other constitutional bodies calling them ‘hostile’ and ‘derogatory’. As it peeps as a concern, we want to request the government to review it so that it does not attach any confusion. 
The NGO world says that the provision has created an atmosphere of fear and concern among NGOs. They have been denouncing the provision. The way the provision has been introduced is nothing but an example of using the state’s legislative power to unleash revenge on its critics. It is also that NGOs must work within the framework of the state. They cannot do and should not their activities which clash or conflict with the laws and rules of the government. The people of the NGO world also voice a concern that the development partners may receive a wrong signal through the bill which may affect the flow of the fund. It will also restrict the works of the NGOs lessening their independence. Here a strong NGO Affairs Bureau need to exist where the participation of NGOs is a must. Only bureaucrats’ dominated bureau may not bring the expected results. To learn and control the NGO Affairs Bureau effectively, the representation of NGO people in the bureau may give rise to a modern management. 
NGOs are working as watchdog bodies which need to observe the activities of the state and give constructive feedback so that they can reform and redesign their activities and plan of action leading to the real benefit of the state and people. Things must be seen and closely observed through a third eye to find out the loopholes develop in the bodies. But that must have a reasonable border.   To establish good governance in the country a balanced sharing of power, mutual honour, self-criticism and cooperative mind instead of finding faults with others and colonial attitude should be annihilated from both sides I mean NGOs and the government. The country is ours and brining its development is also the duty of ours. 

    The writer is an educationist Email:[email protected]

Foreign Donations Regulation Bill and NGOs

The provision says if any foreign funded NGO engages in anti-state activities and finances or patronizes extremism and terror activities, those would be considered as offences and the NGO and its officials concerned would be tried under the countrys existing laws

Very recently a misunderstanding has developed between the Non-Government Organizations and the government. The Jatiya Sangsand on 05 October passed the Foreign Donations Regulation Bill 2016 with a provision (section 14) that says it is an offence for foreign funded NGOs to make inimical and derogatory remarks on the constitution and constitutional bodies. The NGOs demanded that the government discuss the bill with them again and make necessary amendments to section 14 and other undemocratic risky and impractical provisions. Local and foreign NGOs urged president Abdul Hamid not to consent to the bill on foreign funded NGOs as one of its provisions violates peoples constitutional rights to freedom of speech, thought and organization. About twenty leading NGOs condemn the provision and humbly request the president not to give consent to the bill. But the response has not yet been known. The provision says if any foreign funded NGO engages in anti-state activities and finances or patronizes extremism and terror activities, those would be considered as offences and the NGO and its officials concerned would be tried under the countrys existing laws. It also empowers the NGO affairs Bureau to cancel or withhold the registration of a foreign-funded NGO or ban its activities for committing the offences. If the bill remains unchanged it will not be acceptable to the international community as well. This has been said by Sultana Kamal, Chairperson of TIB. Actually a balance of power and a reasonable understanding is necessary to deal with this issue. Non- Government Organizations have every right to work for the country and countrymen but they dont have any right to utter derogatory remarks against the government and public representatives. Public representatives represent our sixteen crore people. Whoever they are we must show honour to them. NGO Affairs Bureau is the controlling body of the government to look into the affairs of NGOs which must be vested with power to take any legal action against NGOs but care must be taken so that they take steps and actions reasonably as we cannot afford to deny the contribution of NGOs to alleviate poverty, raise the level of education and consciousness of the citizens. The country enjoys far better situation than two decades ago which has become possible through the combined efforts of the government, NGOs and our expatriates who continuously contribute a lot to the economy of the country. Sultana Kamal, human rights activist said remarks by a foreign funded NGO can be misinterpreted and labelled as inimical and derogatory. And therefore the provision is oppressive and contrary to democratic practices. Such provision curbing the right to freedom of speech and thought does not exist in any similar law in any democratic country in the world. It is totally unacceptable to the NGOs which are contributing greatly to the countrys socio-economic development and establishment of good governance. If bill is amended, recognizing the right to freedom of speech and organization, it would help the NGOs work more effectively and improve the image of the government. The government had set a good example by having consultations with the NGOs on the draft bill. It made them optimistic that the law would be more democratic than the ones framed by dictatorial regimes. The optimism however, was not reflected in the bill. The government actually wants to discourage voluntary initiatives and control the NGOs especially by curbing freedom of speech. This is very risky for the NGOs especially for those working on human rights. We request the government tuning the same voice of Sultana Kamal to see the concerns judiciously in the greater interest of the ongoing development pace of the country which both GO and NGO efforts share. International donor agencies have also voiced concern over the provision. The pace of the countrys overall development is being accelerated by the development activities carried out by different NGOs. The words inimical and derogatory were not defined in the bill and there was no indication as to who would determine whether and how any comment was inimical, and derogatory. The vagueness will give the government free rein to take actions against an NGO for any critical remarks on the parliament or any other constitutional bodies calling them hostile and derogatory. As it peeps as a concern, we want to request the government to review it so that it does not attach any confusion. The NGO world says that the provision has created an atmosphere of fear and concern among NGOs. They have been denouncing the provision. The way the provision has been introduced is nothing but an example of using the states legislative power to unleash revenge on its critics. It is also that NGOs must work within the framework of the state. They cannot do and should not their activities which clash or conflict with the laws and rules of the government. The people of the NGO world also voice a concern that the development partners may receive a wrong signal through the bill which may affect the flow of the fund. It will also restrict the works of the NGOs lessening their independence. Here a strong NGO Affairs Bureau need to exist where the participation of NGOs is a must. Only bureaucrats dominated bureau may not bring the expected results. To learn and control the NGO Affairs Bureau effectively, the representation of NGO people in the bureau may give rise to a modern management. NGOs are working as watchdog bodies which need to observe the activities of the state and give constructive feedback so that they can reform and redesign their activities and plan of action leading to the real benefit of the state and people. Things must be seen and closely observed through a third eye to find out the loopholes develop in the bodies. But that must have a reasonable border. To establish good governance in the country a balanced sharing of power, mutual honour, self-criticism and cooperative mind instead of finding faults with others and colonial attitude should be annihilated from both sides I mean NGOs and the government. The country is ours and brining its development is also the duty of ours. The writer is an educationist Email:[email protected]