Civil Groups want AG delay NPO Bill

AG Faris Al Rawi 

Photo by Jeff Mayers
AG Faris Al Rawi Photo by Jeff Mayers

At a second meeting in eight days, non profit organisations (NPO) came together to re-affirm their urgent call to Attorney General Faris Al Rawi to delay Senate debate, currently scheduled for Tuesday April 9, on the Non-Profit Organisations Bill, 2019.

This request was made in a letter signed by over 60 organisations that was delivered at a 3 pm meeting with the Attorney General, when the groups offered to partner with Government to engage his office and other relevant stakeholders in time-bound, meaningful consultation with non-profit groups to develop alternative legislation.

The groups affirmed the long-standing need for sensible legislation to reform and harmonise the oversight of non-profits, to enable voluntarism, philanthropy and the critical work non-profits do, and to strengthen groups’ and government’s compliance with protections of the international financial system. But they raised alarm that the Government is sweeping into law one-size-fits-all, punitive legislation that goes far beyond international commitments to prevent terrorist financing by a tiny number of groups.

As far as the groups are concerned: “The NPO Bill was rushed through the House in one week without the knowledge or sight of thousands of groups it would affect.”

Agriculture, art, children’s, disability, education, environment, ethnic, gender, health, LGBTI, management and women’s organisations, from multi-million-dollar multi-national non-profit companies to religious denominations to unincorporated grassroots groups joined voices to oppose moving the legislation forward without Government listening to the non-profits it will profoundly affect.

Letter to the AG

Sir,

As non-governmental organisations working for human rights and social justice, we recognize the obligations for accountability and good governance, by the state and by civil society organisations.

Non-governmental and civil society organisations undertake a range of essential services in support of vulnerable populations in this country. Many are also making regular contributions to governance, researching, commenting and making recommendations on laws, policies and state practices.

We do so, those of us in this civil society sector, with few resources. Many NGOs are not staffed and even those which are must rely on the volunteerism of others.

Given our role, we consider that any legislation that affects the functioning of the NGO sector must be reviewed as extensively as possible. If there is a need for legislation, this should not, as UN Human Rights Council Resolution (A/HRC/38/L.17) reminds, hinder the work of civil society actors nor undermine our capacity to solicit, receive and utilize resources for our work.

Rather, the state should create and maintain a safe and enabling environment in which civil society can operate free from hindrance, insecurity and reprisals. The Financial Action Task Force (FATF) echoes this in its Recommendation 8 (Non-profit Organisations), which the Bill purports to address, noting that it does not apply to the NPO sector as a whole, but requires a targeted approach, and FATF advises against “one-size-fits-all” measures.

We are not assuming that control is the intent with the proposed Non-Profit Organisations Bill. Indeed we cannot assert anything as so many NGOs have not had any or any sufficient opportunity to review the legislation which will impact on us. We are eager to do so.

The 2019 bill was passed in the House without amendment less than a week after it became available to the public on the Parliament website. It was not shared in its current or draft forms with many, if not most, registered non-profit companies, nor with organisations registered with the Ministries of Social Development & Family Services and Community Development.

If we who are most affected by the legislation do not have an opportunity to consider and input, then what does that say about good governance and our legislative process? By this letter, we continue to ask that the government participate in a transparent and time-bound process of consultation with civil society on NPO legislation.

We ask for good faith notification and a reasonable opportunity to respond. Our organisations are willing to collaborate in such consultation and to make proposals and take steps to ensure that the NGO sector is both effective and accountable.

We urge your affirmative consideration of this reasonable request.

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