A call to reform the foreign donations regulation law

The clarion call for change is blowing in the wind of Bangladesh, carrying with it the potential and promise of a brighter future. To usher in this change wholeheartedly, we must acknowledge our past mistakes and work towards rectifying them. In particular, time is ripe for us to revisit the laws that potentially have a negative impact on human rights.

The Foreign Donations (Voluntary Activities) Regulation Act, 2016 is an Act that has kept the NGOs of Bangladesh in a chokehold for a long time. It was passed on October 5, 2016. It came into effect, repealing two ordinances, namely, the Foreign Donations (Voluntary Activities) Regulation Ordinance, 1978 and the Foreign Contributions (Regulation) Ordinance, 1982. During the drafting and enactment procedure, civil society and international organisations condemned and expressed concern about the Bill. Their primary concern was that by using FDRA, the Government could exert severe control over the foreign-funded NGOs. The Act received a sharp blow for inserting a controversial section that may potentially curtail rights to freedom of expression and assembly.

The Foreign Donations (Voluntary Activities) Regulation Act of 2016 is an affront to the development sector and must be rethought, if not abolished outright.

Ideally, NGOs are supposed to operate independently and without unnecessary interference from the Government. However, the FDRA potentially affects the NGOs of Bangladesh with overly constrictive measures. For instance, the law requires that all NGOs that operate with foreign funds, must get activities clearance from the NGO Affairs Bureau under the Prime Minister's Office. The activities may encompass development, human rights, environmental protection, etc.

Under the FDRA, the Bureau wields significant power. It can approve or reject NGO registrations (section 16), monitor and evaluate their activities (section 10), and even reject applications without providing adequately clear reasons. This lack of transparency and accountability has potential of misuse of power, with the Bureau using its arbitrary discretion to harass NGO representatives and new entrepreneurs in the development sector.

The FDRA has positioned the Bureau at the top tier of the hierarchy. And the plight for the NGOs does not end with the approval of registration. Subsequent activities, such as auditing, receiving donations, and renewing registration, are subject to the scrutiny of the Bureau. It may call for the cancellation of any non-governmental projects. The NGOs have little timeframe and opportunity to appeal against such cancellation. Such provisions have created a bureaucratic red tape that NGOs must undergo. This is not just a lengthy, cumbersome process but a process potentially rampant with corruption and nepotism.

Another despairing provision of the FDRA is section 8, which entitles the Bureau to be notified when an individual schedules any foreign tours for official work. Section 9 of the Act also prevents banks from disbursing foreign donations without the approval of the Bureau. Human Rights Watch, Amnesty International, and other human rights-based organisations have expressed concern regarding section 14. This section renders it an offence to make "any hateful or indecent comments about the Constitution of Bangladesh or any constitutional institutions" or to engage in anti-state activities. There is no clear definition of what a "hateful" or "indecent" comments entail. The Director General of the Bureau can terminate and suspend registration and voluntary activities, impose fines, or take any action they deem fit. Such stringent provisions paint a worrisome picture for the rights and advocacy-based NGOs. Any criticism or remarks on the government bodies and its policies can be scrutinised and punished severely. This Act contradicts the right to freedom of expression guaranteed in article 39 of the Constitution and article 19 of the ICCPR.

NGOs stand as a significant pillar to lean on for both the state and the public. Bangladesh is shaping its future trajectory where foreign-funded NGOs can play a significant role. We must save the channels of foreign donations from avoidable bureaucratic hassles. The Foreign Donations (Voluntary Activities) Regulation Act of 2016 is an affront to the development sector and must be rethought, if not abolished outright. With further delay, international donors and development organisations may turn their back on supporting the domestic NGOs. 

The writer is LLM candidate, University of Dhaka