Bangladesh
22.04.04
Urgent Interventions
Bangladesh: open letter to Prime Minister Begum Khalida Zia
Open Letter to Mrs. Begum Khalida Zia,
Prime Minister of Bangladesh
Paris-Geneva-Dhaka, April 22, 2004
Dear Mrs. Begum Khalida Zia,
The Observatory for the Protection of Human Rights Defenders, a joint Programme of FIDH and OMCT, wishes to express its deepest concern about the proposed Amendment Bill to the Foreign Donations (Voluntary Activities) Regulations Ordinance (1978) in Bangladesh. The Amendment Bill, in its current form, presents a serious threat to the independence of NGOs, most notably of human rights NGOs. The Observatory thinks that it constitutes an attempt to place NGOs under strict political control.
While agreeing with the principle of an administrative system for NGO registration, the Observatory strongly opposes any legislation which might jeopardise freedoms of expression and of association: unfortunately, this seems to be exactly the hidden purpose of the Amendment Bill. The declarations of a high ranking official of the NGO Affairs Bureau, during an interview with an FIDH delegation during the first week of April, 2004, did nothing to allay our fears. The official explicitly supported and justified the draft bill. In addition, the human rights record of the Bangladesh Nationalist Party (BNP) government to date does not bode well for human rights defenders in general.
The Foreign Donations (Voluntary Activities) Regulations Ordinance was adopted in 1978 under the rule of General Zia Ur-Rahman, and presents in its current version significant limitations to freedoms of expression and association, notably through its sections 3 (“Regulation of voluntary activity”) and 4 (“Power of inspection”). Further, the authorities have issued various circular decrees (most importantly Circular 1993, “Paripatra” section), which impose more restrictions on NGOs.
The Observatory believes that such a text should be reformed in order to comply with Bangladesh’s obligations under international human rights law, and in particular with the International Covenant on Civil and Political Rights (ICCPR), ratified by Bangladesh.
The Observatory is particularly concern about the prohibition of “political activity” included in the proposed Bill. According to section 2, sub-section (g): “ ‘political activity’ (…) includes any activity which may be interpreted as political, or may affect politics, or such other activities which may be interpreted to be detrimental to national independence, sovereignty, culture, ethnic and religious sentiment (…)”
This section fails to provide precise definitions and criteria as to what activities can be perceived as “detrimental to national independence”, and fails to offer any guarantee that legitimate NGO activities, especially in the field of human rights, will not come under attack by the authorities. Any activity critical of the government might come under the scope of the law, and as such be prohibited.
Such a provision would clearly violate the UN Declaration on human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998. According to Article 8 para 2 “the right, individually and in association with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms”. Further, the Observatory thinks that the proposed wording goes beyond the permissible restrictions to freedoms of expression and association provided in Article 19 para 3 and Article 22 para 2 of the ICCPR.
In addition, the lack of precision as to what would be deemed “detrimental to (…) religious sentiment” reinforces apprehensions that women’s groups, or organisations defending freedom of religion, might be undermined in their activities.
The Observatory is also concerned about the proposed provision (Section 6, sub section 4) allowing the authorities to remove the Chief Executive of an organisation if the government “is satisfied that the Chief Executive (…) has been responsible for any irregularity in respect of its funds or for any mal-administration in the conduct of its affairs, (…) or has caused the organisation to be involved in any political activity, or any activity influencing politics directly”.
Such a provision will grant the government the power to interfere with internal NGO management, especially when coupled with
(i) the new definition of “irregularity” and “mal-administration” (2, e and f) and
(ii) the power to dissolve a NGO and liquidate its assets as provided in the proposed Bill (6, 3, g).
The Observatory believes that the dangers of having a government regulate the internal affairs of NGOs far outweigh the problems caused by dysfunctional organisations. In effect, such a provision would simply annihilate at its core the independence of NGOs.
The proposed Amendment Bill also contravenes Articles 1 and 3 of the UN Declaration on Human Rights Defenders. Article 1 states that “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels ». Article 3 specifies that domestic legislative framework within which the activities of promotion, protection and effective realisation of human rights take place should be consistent with the Charter of the United Nations and other international obligations of the State in the field of human rights.
Furthermore, the Observatory wishes to express its dismay at the lack of transparency of the whole process of adoption of the proposed Bill: no sufficient consultation has been undertaken with Bangladeshi NGOs, particularly with human rights NGOs, although these might be most directly affected by the Amendment Bill. Such opaque procedure further reinforces our concerns.
The Observatory considers the proposed amendment Bill an attempt to stifle civil society and to silence human rights defenders. The proposed Amendment Bill definitely represents a move in the wrong direction – that of an increasingly authoritarian hand of government weighing over non-governmental bodies. The Observatory underline that a free, independent and vibrant civil society is vital to any democracy, and to any fair and sustainable development process. The key role of a pluralistic civil society has been emphasised in a number of international instruments, and notably in the Vienna Declaration and Programme of Action (1993).
We consequently urge you to withdraw the proposed amendment Bill,
We thank you for your consideration.
Sincerely yours,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT
Prime Minister of Bangladesh
Paris-Geneva-Dhaka, April 22, 2004
Dear Mrs. Begum Khalida Zia,
The Observatory for the Protection of Human Rights Defenders, a joint Programme of FIDH and OMCT, wishes to express its deepest concern about the proposed Amendment Bill to the Foreign Donations (Voluntary Activities) Regulations Ordinance (1978) in Bangladesh. The Amendment Bill, in its current form, presents a serious threat to the independence of NGOs, most notably of human rights NGOs. The Observatory thinks that it constitutes an attempt to place NGOs under strict political control.
While agreeing with the principle of an administrative system for NGO registration, the Observatory strongly opposes any legislation which might jeopardise freedoms of expression and of association: unfortunately, this seems to be exactly the hidden purpose of the Amendment Bill. The declarations of a high ranking official of the NGO Affairs Bureau, during an interview with an FIDH delegation during the first week of April, 2004, did nothing to allay our fears. The official explicitly supported and justified the draft bill. In addition, the human rights record of the Bangladesh Nationalist Party (BNP) government to date does not bode well for human rights defenders in general.
The Foreign Donations (Voluntary Activities) Regulations Ordinance was adopted in 1978 under the rule of General Zia Ur-Rahman, and presents in its current version significant limitations to freedoms of expression and association, notably through its sections 3 (“Regulation of voluntary activity”) and 4 (“Power of inspection”). Further, the authorities have issued various circular decrees (most importantly Circular 1993, “Paripatra” section), which impose more restrictions on NGOs.
The Observatory believes that such a text should be reformed in order to comply with Bangladesh’s obligations under international human rights law, and in particular with the International Covenant on Civil and Political Rights (ICCPR), ratified by Bangladesh.
The Observatory is particularly concern about the prohibition of “political activity” included in the proposed Bill. According to section 2, sub-section (g): “ ‘political activity’ (…) includes any activity which may be interpreted as political, or may affect politics, or such other activities which may be interpreted to be detrimental to national independence, sovereignty, culture, ethnic and religious sentiment (…)”
This section fails to provide precise definitions and criteria as to what activities can be perceived as “detrimental to national independence”, and fails to offer any guarantee that legitimate NGO activities, especially in the field of human rights, will not come under attack by the authorities. Any activity critical of the government might come under the scope of the law, and as such be prohibited.
Such a provision would clearly violate the UN Declaration on human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998. According to Article 8 para 2 “the right, individually and in association with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms”. Further, the Observatory thinks that the proposed wording goes beyond the permissible restrictions to freedoms of expression and association provided in Article 19 para 3 and Article 22 para 2 of the ICCPR.
In addition, the lack of precision as to what would be deemed “detrimental to (…) religious sentiment” reinforces apprehensions that women’s groups, or organisations defending freedom of religion, might be undermined in their activities.
The Observatory is also concerned about the proposed provision (Section 6, sub section 4) allowing the authorities to remove the Chief Executive of an organisation if the government “is satisfied that the Chief Executive (…) has been responsible for any irregularity in respect of its funds or for any mal-administration in the conduct of its affairs, (…) or has caused the organisation to be involved in any political activity, or any activity influencing politics directly”.
Such a provision will grant the government the power to interfere with internal NGO management, especially when coupled with
(i) the new definition of “irregularity” and “mal-administration” (2, e and f) and
(ii) the power to dissolve a NGO and liquidate its assets as provided in the proposed Bill (6, 3, g).
The Observatory believes that the dangers of having a government regulate the internal affairs of NGOs far outweigh the problems caused by dysfunctional organisations. In effect, such a provision would simply annihilate at its core the independence of NGOs.
The proposed Amendment Bill also contravenes Articles 1 and 3 of the UN Declaration on Human Rights Defenders. Article 1 states that “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels ». Article 3 specifies that domestic legislative framework within which the activities of promotion, protection and effective realisation of human rights take place should be consistent with the Charter of the United Nations and other international obligations of the State in the field of human rights.
Furthermore, the Observatory wishes to express its dismay at the lack of transparency of the whole process of adoption of the proposed Bill: no sufficient consultation has been undertaken with Bangladeshi NGOs, particularly with human rights NGOs, although these might be most directly affected by the Amendment Bill. Such opaque procedure further reinforces our concerns.
The Observatory considers the proposed amendment Bill an attempt to stifle civil society and to silence human rights defenders. The proposed Amendment Bill definitely represents a move in the wrong direction – that of an increasingly authoritarian hand of government weighing over non-governmental bodies. The Observatory underline that a free, independent and vibrant civil society is vital to any democracy, and to any fair and sustainable development process. The key role of a pluralistic civil society has been emphasised in a number of international instruments, and notably in the Vienna Declaration and Programme of Action (1993).
We consequently urge you to withdraw the proposed amendment Bill,
We thank you for your consideration.
Sincerely yours,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT