Update October 20, 2016

Dhaka 12-26 am, 18-September, 2021

Bangladesh parliament should repeal a new law regulating NGOs: HRW

Online Desk

Human rights watch
20 October 2016, Nirapad News: New York-based Human Rights Watch urged the government to repeal a new law regulating civil society organisations accepting foreign funds.

The new law subjects non-governmental organisations (NGOs) to comprehensive and arbitrary government control over their activities, stifling freedom of expression and other rights, it said in a press release on Thursday.

The HRW suggested international donors, who provide critical development assistance to Bangladesh, to publicly call for the repeal of the law.

The law, known as the Foreign Donations (Voluntary Activities) Regulation Bill 2016 (FDRB), came into effect on October 13, 2016.

The law requires all foreign-funded NGOs, a category that describes development, human rights, and many other organisations, to submit virtually all activities for approval to a bureau under the prime minister’s office, without clear criteria for grounds for rejection or a timeframe in which decisions should be rendered.

Registration is similarly at the discretion of the bureau, and a last-minute addition to the law makes it an offense for NGOs to criticise the government
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Brad Adams, Asia director at Human Rights Watch, said: “The Foreign Donations Law is a shocking new initiative by a repressive government to make civil society toe the government line, or risk being arbitrarily shut down.”

“The government claims it is committed to freedom of expression and pluralism, but then passes a law that would make an authoritarian regime proud.”

Adams also said that the Bangladeshi government should be trying to create a welcoming and encouraging legal environment for NGOs in a manner that accords with international best practices and does not interfere with fundamental rights.
“Instead, it is treating NGOs like the enemy within. Requiring prior approval of projects, giving the state-wide discretion to deny projects and foreign funding, requiring approval for travel, and targeting critics are the hallmarks of an authoritarian state – not a democracy.”

Human Rights Watch and Bangladeshi NGOs have long expressed concerns about earlier drafts of this law. Among other provisions, the new law:

-Gives the NGO Affairs Bureau the authority to review proposed projects by NGOs and order them cancelled;

-Requires prior governmental approval before anyone involved in voluntary activities travels out of the country for purposes connected with work on the project;

-Requires groups receiving or planning to receive foreign funding to register with the NGO Affairs Bureau, submit to inspections and monthly coordination meetings with its representatives, and seek approval for all planned activities before receiving the grant; and

-Imposes tough sanctions for non-compliance by both organisations and individuals, including fines, disciplinary action and cancellation of registration.

A new element added since the draft law was circulated in 2014 makes “inimical” or “derogatory” remarks against the constitution, the parliament and other governmental bodies an offense. These terms are undefined, and could be used to limit any criticism of the government whatsoever.

Any NGO found by the NGO Affairs bureau to have engaged in “inimical” or “derogatory” remarks can have its registration cancelled.

Such a law clearly abrogates the rights of free expression which Bangladesh, both through its own constitution and through its obligations under the International Covenant on Civil and Political Rights, is obligated to protect.

The reports said that the law is part of a sustained attack on civil society, particularly human rights organisations and other critics of the government.

On October 19, Suranjit Sengupta, a leader of the ruling Awami League party, reportedly said that non-governmental organisations have no right to freedom of expression, the HRW cited.

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