Bangladesh NGOs: UN expert warns against proposed funding bill
GENEVA (6 November 2015) – The United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of
association, Maina Kiai, on Friday urged the Bangladeshi Parliament not to adopt a bill which could severely restrict
civil society organizations’ access to funding and hinder their activities.
The draft Foreign Donations (Voluntary Activities) Regulation Act is expected to be debated during the next Parliament
session starting 8 November 2015.
“This Bill is deeply worrying. Civil society is a crucial component for the promotion and protection of human rights,
good governance and the rule of law, and for contributing to the provision of humanitarian assistance,” Mr. Kiai said.
“Unduly restricting civil society organizations’ access to resources therefore not only has a detrimental impact on
freedom of association, but also deeply undermines the civil, political, economic, social and cultural rights that these
organizations seek to promote and protect,” he stressed.
The Special Rapporteur noted that the proposed law would, among other problematic issues, make it compulsory for NGOs
seeking to receive or use foreign funds to register with the Government-controlled Non-Governmental Organizations
Affairs Bureau, and obtain its approval for each project undertaken with these resources. The Bureau’s commissioners
would also review on a monthly basis the progress made by NGOs in the implementation of their projects. The Bureau would
also have the authority to approve each appointment of foreign specialists under foreign-funded projects, as well as all
travel abroad paid for by foreign funding.
Failure to comply with these provisions could lead to the cancellation or suspension of an NGO’s registration, the
interruption of the project, and a fine up to three times the amount of the foreign funding received.
“Such governmental intrusion is totally unacceptable. The ability to seek, secure and use resources is essential to the
very existence and effective operations of any civil society organization,” said Mr. Kiai. “Registered and unregistered
NGOs should be able to operate and function freely without prior authorization or other undue impediments,” he added.
“I urge the Parliament not to adopt the Bill as its purpose clearly violates the right to freedom of association, and
has a ricochet effect on the realization of other human rights, as well as on the delivery of aid in a country prone to
natural disasters. I stand ready to provide assistance to the Government to help ensure that the Bill complies with
international human rights law,” the Special Rapporteur said.
Mr. Kiai’s appeal was endorsed by the Special Rapporteur on the situation of human rights defenders, Michel Forst, and
by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye.
ENDS