Ensuring accountability of NGOs has long been discussed globally and in our country. There was an article in the Guardian (February 9, 2012) where it said, “there are few legal frameworks capable of holding NGOs to account, or setting out in detail exactly when, where and how communities might be able to hold an organisation accountable for an intervention that has gone disastrously wrong”.
Guardian principally meant international NGOs working throughout the globe. What about NGOs working in Bangladesh though? There were several attempts in the past, successive governments did not take a serious step.
However, a parliamentary committee has apparently recommended NGO Affairs Bureau (NGOAB) to scrap the registration of Transparency International Bangladesh (TIB) as appeared in The Daily Sun (November 19, 2015) and other newspapers.
The Parliamentary Standing Committee on Law, Justice and Parliamentary Affairs Ministry recommended this cancellation as it did not seek apology within the deadline for making insulting remarks on the Jatiya Sangsad.
The subcommittee of the same committee earlier recommended incorporation of punishment provision into the Foreign Donations (Voluntary Activities) Regulation Ordinance 1978 for making derogatory remarks about the state, parliament or the constitution. Would this help secure accountability of NGOs?
Laws governing the operation of foreign-funded NGOs include the Foreign Donation (Voluntary Activity) Regulation Ordinance and 1978 and the Foreign Contribution (Regulation) Ordinance, 1982. These laws require amendments as many years have passed since the promulgation of the laws. The government, therefore, has placed ‘The Foreign Donations (Voluntary Activities) Regulation Act, 2015’ before the parliament to empower the NGOAB to inspect, monitor and assess NGO activities.
There are other NGOs in Bangladesh wop operates under Societies Registration Act, The Trust Act, 1882, Voluntary Social Welfare Agencies (Regulation and Control) Ordinance 1961; Co-operative Societies Act, 1925 and The Companies Act. NGOAB doesn’t have control over them unless they get foreign funding.
Earlier, TIB published a report on problems of governance in the NGO sector ("Problems in good governance in the NGO sector: The way forward," TIB, 2007) some years back. They recommended formation of an autonomous NGO Commission for monitoring of the entire NGO sector. Registration, monitoring, controlling and other interrelated works were proposed to be regulated by the commission in the report. Policymakers hardly paid an attention at that time.
To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law’- said in Article 31 of the constitution.
Would TIB and people associated with the organization be treated in accordance with the law?
Oli Md. Abdullah Chowdhury has years of experience in community development in Banglandesh & also worked with a UK charity in London.
Reference:
1. International NGOs must address their accountability deficit/ The Guardian (http://www.theguardian.com/global-development/poverty-matters/2012/feb/09/ngos-accountability-deficit-legal-framework)
2. JS body recommends cancellation of TIB’s registration ( http://www.daily-sun.com/printversion/details/92194/JS-body-recommends-cancellation-of-TIB%E2%80%99s-registration )
3. Foreign Donations (Voluntary Activities) Regulation Bill placed in JS (http://newagebd.net/153826/foreign-donations-voluntary-activities-regulation-bill-placed-in-js/#sthash.0MY6cafI.dpuf)
BDST: 1455 HRS, NOV 28, 2015
