Parliament adopts NGO Law aimed at eradicating any critical voice

On October 5, 2016, the Parliament of Bangladeshpassed the Foreign Donations (Voluntary Activities) RegulationBill 2016. Once the Bill is transformed into a law with assents by thePresident, it will repeal the Foreign Donation (Voluntary Activity) RegulationOrdinance 1978 and the Foreign Contribution (Regulation) Ordinance, 1982, and creategreater limitations to the work of civil society in Bangladesh.

“The absurdity is that freedom ofexpression is a constitutional right in Bangladesh. Yet it is a right that isno longer afforded to those who question the institutions that govern thecountry. The Bill, besides being manifestly anti-democratic, leavesno doubt that the intention is to shut down any existing human rights work andcritical voices in the country. This is a sad day for Bangladesh, as silence isthe end of democracy and the beginning of insecurity”, said OMCT Secretary General Gerald Staberock.

The Billstates that the NGO Affairs Bureau (NGOAB), which is under the direct supervision of the PrimeMinister’s Office, will have the authority to cancel or withholdthe legal registration of a non-governmental organisation (NGO) or ban itsactivities for having "engaged in anti-State activities","financing extremism and terror activities", or for "makingderogatory comments about the Constitution and constitutional institutions” ofBangladesh, including the Offices of the President, the Prime Minister, theParliament, or the Supreme Court.

According tothe Bill, NGOs seeking to receive or use foreign funds must register with theNGOAB, submit reports regularly and seek prior approval from the NGOAB for allplanned activities before receiving such grants. The Bill also empowers theNGOAB to inspect, monitor and assess NGO activities at the NGOAB's discretion,and NGOs will need approval and security clearance to hire foreign specialistsand advisers.

“This Billimposes disproportionate restrictions on freedoms of expression and associationin Bangladesh, in violation of international human rights standards.Therefore, it represents a real threat to the legitimate activities ofindependent NGOs”, said FIDH President Dimitris Christopoulos.

In November2015, the United Nations SpecialRapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Mr.Maina Kiai, urged the Bangladeshi Parliament not to adopt theBill, stressing that “registered andunregistered NGOs should be able to operate and function freely without priorauthorization or other undue impediments”.

The Observatory calls on the Bangladeshi authorities to repeal thecurrent Bill and to refrain from passing it into law, as well as to conform inall circumstances with the UN Declaration on Human Rights Defenders as well ashuman rights instruments ratified by Bangladesh.

The Observatory for the Protection of Human Rights Defenders (theObservatory) was created in 1997 by the World Organisation Against Torture(OMCT) and FIDH. The objective of this programme is to intervene to prevent orremedy situations of repression against human rights defenders. OMCT and FIDHare both members of ProtectDefenders.eu, the European Union Human RightsDefenders Mechanism implemented by international civil society.

For more information, please contact:

· OMCT: Delphine Reculeau: +41 22809 49 39

· FIDH: Arthur Manet / Audrey Couprie: + 33 1 43 55 25 18