Preamble:
The
Economic Affairs Division (EAD), Government of Pakistan issued a notification
dated 28th November 2013. Prior to this Economic Coordination Committee
of the Federal Cabinet approved a policy framework for regulation of
non-governmental organizations (NGOs) receiving foreign contributions on 21st
November 2013 in relation the foreign contribution.
Civil
society networks across Pakistan expressed their serious concerns on the
proposed Regulation of Foreign Contributions Act 2014 bill. Civil Society of
Pakistan believes that the past decade, in particular, has been a period
of exponential growth of Non-Governmental organizations (NGO) in Pakistan. NGOs have grown in
both numbers and range of activities and in positive response to the challenges and
opportunities of reducing poverty, promoting human development and strengthening
democratic governance in the country. Across the broad spectrum of life, NGOs have initiated projects
in aid of marginal and deprived groups in rural and urban communities and participated in other
programmes aimed at promoting social change and development in country they
operate in fields such as health, education, rural and urban development, environment, population and social
welfare. NGOs are also involved in employment creation, micro-credit/financing,
economic development, skills training, gender awareness and action, peace and
human rights, informal economic activity, anticorruption, poverty reduction and
advocacy on policy reforms.
The civil society of Pakistan greatly value the principles of
transparency & accountability and consider these elements as building
blocks of a democratic society. A large number of civil society organizations
actually compliment the work of state organs through various means. Millions of
volunteers are working through these organizations contributing towards poverty
alleviation, enhancing literacy, health services and other social sector
assistance. These organizations reach out to remotest parts of the country
where people are deprived of basic civic services. Additionally, the civil
society has been fortifying democratic process through mobilizing masses for
their participation in democratic process through a range of initiatives
The civil
society appreciates that Govt is listening to the suggestions of civil society
however in a situation where Pakistan is passing through most difficult
challenges of the history it will not be wise to bring any such legislation
without a comprehensive consultative process.
Consultative
Sessions were organized in Sindh, Punjab, Baluchistan, Khyber Pakhtunkhwa and
Islamabad by Pakhtunkhwa Civil Society Network (PCSN), Tribal NGOs Consortium
(TNC), Pakistan Civil Society Forum (PCSF),Insani Haqqoq Itehad (IHI). Pakistan
Development Alliance (PDA) and several others to discuss the content and
implications of the proposed legislation and the notified policy.
Following
are the compilation of the major concerns and recommendations of Civil Society
organizations and networks across Pakistan:
Major Concerns on the proposed
legislation:
§ The proposed law is violation of
United Nation’s human rights Council Resolution (A/HRC/202/1-13) adopted on
March 21, 2013 which specifically bars restrictions on CSOs for accessing
foreign funds.
§ NGOs in Pakistan
are civil society organizations that are formed independently of the State but
register voluntarily under specified laws in order to gain official recognition
to pursue purposes that are not self-serving but oriented towards public
benefit. Such registration qualifies NGOs to access public development funds,
be it from external donors or Government and/or benefit from tax exemptions and
account for their usage in their operations in the non-profit sector. The
proposed legislation will negatively impact the access to funding specially for
small and medium organizations.
§ The Bill misleads and prejudices by insinuation; as
if NGOs had a free hand. The Bill seeks government powers (as if it didn’t have
them already), to “inspect” accounts or records on any grounds of suspicion.
While already regulatory laws are
present. NGO should not be without regulation. However the form of regulation
should be such that it does not lead to silencing of diverse perspectives or
types of work. The current policy is flawed and will lead to problems.
§ The very process adopted for developing such a
policy and law is completely devoid of stakeholders’ involvement. Civil Society
Organizations’ were not adequately consulted. Leading organizations and
individuals of CSOs were neither consulted nor was any draft document shared to
seek their inputs.
§ National NGOs and
other civil society organizations, supported by international funding agencies
mostly work in remote areas of Pakistan. After 18th amendment,
provincial governments have greater role in observing and guiding their work as
per their priorities. This policy and the law have a centre-oriented character
and it actually infringes in the domain of provincial governments.
§ Non-governmental organizations are adequately
regulated through existing laws In the presence of the existing financial
accountability and reporting mechanisms, the rationale and need for another
supra regulatory mechanism is entirely unnecessary leading to confusion.
§ The draft law talks more about penalties and
less about incentives for NGOs to register under this law. Some of the
provisions of the Policy and the draft law enable security apparatus to use
iron-fist against civil society.
§ The policy is an attempt to reduce the space of
the civil society that will eventually lead towards shrinking space for
pro-democracy institutions in Pakistan. It is most probable that the space
snatched from civil society through such attempts will be captured by radical
and extremist groups.
§ The scope and terminologies used are very vague
and broad. Organizations (NGOs or INGOs) are not against disclosure of
information on funds or any other foreign contributions but the methods
suggested and the excessive powers given to government functionaries will not
serve any purposes.
§ Subjective and mystified phrases used in these
documents will pave the way to strangulate civil society organizations. The
recommendations on Foreign Contribution Bill 2013 submitted and shared by the Securities and Exchange Commission
of Pakistan (SECP) reads
“ (b)
the foreign contribution or aid to be received and the proposed project is not
likely to affect prejudicially:
i.
The sovereignty and
integrity of Pakistan; or
ii.
The security , strategic or economic interests of the state;
or
iii.
The public interest; or
iv.
Freedom or fairness of election to any legislature; or
v.
Friendly relations with any foreign state; or
vi.
Harmony between religious, racial, social, linguistic,
regional groups, castes or communities; and
(c) The acceptance
of foreign contribution shall’—
i.
Not lead to incitement of an offense
ii.
Not endanger the life or physical safety of any person.”
Such subjective clauses can easily be
manipulated at the whim of
any individual and can be used as a tool of arm-twisting of civil society
organizations.
§ The proposed legislation gives
a tool to the federal government to control independent voices and NGOs in
Pakistan. The Govt should get the required information on foreign funds and
expenditures from the relevant Registration Authorities rather than creating a
new mechanism.
§ The issuance
of policy notification for regularization of NGOs receiving
foreign contribution shows that government is in extra ordinary
hurriedness to enhance
the unlawful control
over the already
registered national Organizations by signing through
another MOU with GOP.
§ Some of the clauses
in the proposed Bill/ regulations are contrary to the international bindings and constitutional rights of the citizen for the formation
and running NGOs/ CSOs in the country.
• The overall
environment in the country is already punitive
to the working of NGOs and civil society voices, and the proposed legislation/ regulations would further instigate the undesirable actions
against NGO/civil society, therefore
any new legislation / regulation if required may be very carefully initiated.
• The notified policy and the proposed foreign contribution
bill 2014 will very negatively affect the already draining funding situation
for medium and small size NGOs.
• NGOs are responding to the
needs of the grassroots with relative speed and flexibility, the proposed
legislation will affect their ability to mobilize resources.
• The Bill is draconian with Gestapo-like powers, arbitrary and
selectively usable. NGOs’ are concerned that: Government officials tend to make statements
that question their:
• “Status” as
autonomous civil society organizations
• “Identity” as
credible actors in the non-profit sector
• “Right” to participate in the
formulation of social and economic policies, not merely in the implementation
of government programmes, and to advocate change
• Government takes more
interest in regulating them in a manner that controls their operations and undermines
their autonomy than promote their self-regulation and growth
• Lack of prior consultation
with NGOs on the making of policies or decisions that affect their operations
• Relevant registration
authorities have not kept proper documentation of NGO activity reports and have
no mechanism of disseminating information on NGOs to the public and appropriate
authorities
• Government overlooks the
problem of inadequate financial support for NGOs and the need to assist them to
build their operational capacities and provide information to facilitate
development planning.
• NGOs strongly feel that the proposed legislation and NGO policy will
negatively affect:
§ Right of association and assembly
§ Ability for form and operate a civil society organization
§ Freedom to join and participate in a civil society organization
§ Freedom to
create coalitions and partnerships with other organizations
§ Ability to
raise funds
§ Ability to
donate free of harassment or intimidation
§ Privacy for
organization and its members, including membership lists and internal
communications
§ For
humanitarian organizations, the ability to operate according to international
humanitarian law.
§ Freedom of
expression
§ To petition the government for
redress of grievances
§ Uncensored
communications to the public regarding matters of concern
§ To rally and
gather in public places
§ Participation
in the voting process and other accountability processes
§ Many NGOs do rights-based work, seeking reforms in both the laborious
and unsatisfactory justice system, and the constitution which is still not
clear-cut after 66 years. In the bargain, they expose government wrongdoings
and violations of human rights, for which redress and reform are demanded.
‘Elected’ governments have seldom appreciated that. Most have stubbornly
refused to upset the status quo. The Bill would effectively silence dissent.
§ Pakistani NGOs are very strong and capable of undertaking
most of the work that is done by INGOs. Unless an INGO or a foreign national
can provide Technical assistance that is not available in Pakistan it should
only be allowed to direct it’s funding to an NGO, not set up its own offices
and network. This leads to a waste of funds, issues of security, and takes away
from the pool of global funds available for local NGOs.
§ Pakistani NGOs are working to enhance the national development assets as they mobilize
financial, material and human resources at local and external levels in support
of social and economic development that adequately includes the needs of grass
root communities -urban and rural. The proposed legislation and Govt polices
will negatively impact this spirit.
Recommendations for
Govt
§ The Government should seeks to forge a
strategic partnership with NGOs and other stakeholders operating in the
‘non-profit sector’ in order to achieve its long-term development goals. The government should enforce existing
laws / regulations in letter & spirit to manage the gaps / challenges if any to control and regularize the NGOs
in the country rather than introducing such vague and unwelcoming legislation/ regulations in hast.
§ The new legislation / regulation
should not be to direct human rights / developmental /humanitarian NGOs
regarding their funding flows / selection of operational areas/ partner organizations
rather the new legislation/ regulations should be to separate the registration
of religious groups / Madaris under special laws other than the five existing
laws.
§ The Government should recognize NGOs
as legally registered entities that play legitimate roles in national
development and democratization of the country.
§ Local NGOs will remain on the ground
serving their communities long after INGOS are gone or have shifted priorities.
We should urge the Govt to regulate INGOs separately, not allow them to set yup
programs here that replicate what local NGOS are capable of doing. A
number of countries utilize this principle, to enhance the profile, capacity
and work of their local organizations. Otherwise the midsize NGOs could well
have established offices in different EU and US/ UK regions.
§ In pursuit of its mandate and
responsibilities for national development, the Government shall promote
“durable partnerships” with civil society organizations so that their enormous
potential as agents of social change and development can be fully realized.
§ The Mechanism of definition,
classification, registration and taxation as well as the funding and
accountability of NGOs already exists. Govt should revisit it polices and
strengthen these existing mechanisms.
§ The language and content of this
proposed legislation is not broad enough to accommodate the concerns of the
multiplicity of stakeholders who are not only interested in promoting
sustainable and equitable national development but also strengthening participatory
democratic governance in Pakistan.
§ The Govt of Pakistan must :
I.
Recognize
the role of NGOs as strategic partners in national development and democratization.
II.
Create
an enabling legal, institutional and democratic environment for NGOs to operate
and contribute effectively to national development
III.
Establish
a framework for consultations on issues
that affect the effective governance of NGO activities in the non-profit sector
and how to resolve them
IV.
Make
efforts to promote collaboration between Government, NGOs and other
stakeholders to improve relations and enhance the pursuit and attainment of
individual and collective national development goals.
§ The non-profit sector has become a
prime area of ‘donor investment’ in social goods, equal opportunity and poverty
reduction programmes, and offering employment opportunities to several
thousands of people. Although the lack of data makes outright determination of
the exact size of the sector difficult, it is widely perceived to be
contributing to economic growth and social development. NGOs are prominent actors
in the not-for-profit sector, joining other civil society organizations and
groups, donors, corporate firms and state institutions to promote sustainable
national development. Govt national polices should facilitate the effective
operations of NGOs and other civil society organizations in the public
not-for-profit sector.
§ Govt of Pakistan shall: endeavor to
secure and protect a social order founded on the ideals and principles of
freedom, equality, justice, probity and accountability as enshrined in Constitution
of Pakistan.
§ The State shall enact appropriate
laws to assure –
I.
The
enjoyment of rights of effective participation in development processes
including rights of people to form their own associations free from state
interference and to use them to promote and protect their interests in relation
to development processes; rights of access to agencies and officials of the
State necessary in order to realize effective participation in development
processes.
II.
Freedom
to form organizations to engage in self-help and income-generating projects;
and freedom to raise funds to support those activities.
III.
The
protection and promotion of all other basic human rights and freedoms,
including the rights of the disabled, the aged, children and other vulnerable
groups in development processes.
IV.
NGOs
in Pakistan differ in activities, structure, organization, resources,
leadership, membership, ideology and aspirations. Without appropriate system of
classification any such legislation will be destructive for the nonprofit
sector and will ultimately inversely effect the poor and vulnerable population
of Pakistan served by these NGOs.
§ In the best interest of Pakistan, Government
shall support philanthropy, fund-raising and grants by international donors to
sustain effective and efficient operations of NGOs in the long term.
Individuals, groups, and corporate firms that contribute to this cause shall be
granted tax relief.
§ The Govt polices towards NGOs shall
be guided by international human rights instruments which recognize and apply
particular categories of basic human
rights to development processes and should encourage donors to continue
assisting and supporting the activities of NGOs in conformity with the national
policy and targets.
§ The Govt should devise a mechanism to
Inform NGOs of new policies and procedures, particularly at the developmental
stage and their implications for the non-profit sector through the respective
registration authorities and ask them to consult NGOs on issues that are likely
to affect the non-profit sector allowing reasonable time periods for response
and taking into account the need for organizations to consult their stakeholders.
§ Take account positively of the
specific needs or interests, and contributions of those parts of the non-profit
sector representing women, disabled persons, and other minority groups.
§ The Govt departments should respect
information provided by NGOs in the non-profit sector (within the constraints
of confidentiality, the law, and proper performance of public duties) and
should provide easy access to information, which NGOs need to use in their
day-to-day activities.
§ Govt of Pakistan stated that India
enforced a similar law to monitor foreign funding because of allegations of
being used for sabotage. If that is the case, Govt of Pakistan should focus on
obvious and suspect groups using an NGO façade, instead of penalizing all NGOs
to paper over government failures.
§ The intent of the government for
bringing new legislation and regulations is ambiguous and requires detailed
discussions to build understanding among all concerned stakeholders, therefore
the government should immediately stop further working on
such legislations/ regulations
and form a joint committee of all
concerned stakeholders to see the needs / draw the guidelines for new
legislations / regulations (if required at all) apart from existing laws/
regulations.
§ Govt and relevant line departments should
make effort to create an enabling environment for building “co-operative
relationships” and, possibly, “durable partnerships” between NGOs and the
Government of Pakistan.
Recommendations for
the NGOs sector:
§ NGOs and Civil Society Organizations (CSOs) should
improve relations and collaborations among each other so that they can
collectively articulate, debate and promote their collective views on national
development policies.
§ NGOs network must strengthen themselves and must
collaborate with Govt to strengthen their representation in national
policymaking especially in relation to development sector.
§ Strengthen dialogue and regular interactions between
NGOs and other stakeholders at all levels of national and local governance.
§ Develop a database on activities and achievements of
NGOs that would be accessible to the Public and Govt.
§ Explore avenues for increasing interaction and dialogue
with government authorities which can contribute in a healthy State-NGO relationship.
Recommendations for everybody:
§ More dialogue is needed.
§ Include voices of many different advocates in a forum
where they can speak freely.
The Pakshtunkhwa Civil Society Network (PCSN), Tribal NGOs Consortium
(TNC),MEN UNiTE,EVAW/G Alliance KP and FATA & and Active Citizen Forum
(ACF) requests to become the part of any related discussions/meetings
in future about the proposed Regulation of Foreign Contributions Act 2014
bill.
