Reining the NGOs, INGOs
Nadira Gunatilleke
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Certain standards are required to regulate
these organizations. The standards should be included the Constitution
with minimum requirements decided by law. This is the basic paper which
governs the entire process of the organization.It also requires certain
financial standards such as Sri Lanka Accounting Standard to ensure that
all the accounts are being prepared in a uniform manner with utmost
transparency. There should be a law to wind up an organization, to take
action against any erroneous act or malpractice of an organization and
the persons involved.
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A 29-year-old law cannot meet the present day demands when it comes
to Non Governmental Organizations (NGOs), said Director, National
Secretariat for Non Governmental Organizations Douglas Nanayakkara, in
on interview with the Daily News.
Q: Why it is necessary to bring a new
Bill on INGOs and NGOs ?
A: Like any other sector, there are bad hands coming into this
field. This may be involved with corruption, misuse, illegal activities,
anti Government activities and similar things. The other issue is the
amount of funds they collect and their distribution.
Director, The National Secretariat for Non-Governmental
Organizations, Douglas Nanayakkara. |
How much funds they transfer to the beneficiaries, how much they use
for their own organizations and how much funds disappear has to be
ascertained. Therefore, there should be a mechanism to record all these
important information.
Certain standards are required to regulate these organizations. The
standards should be included the Constitution with minimum requirements
decided by law. This is the basic paper which governs the entire process
of the organization.
It also requires certain financial standards such as Sri Lanka
Accounting Standard to ensure that all the accounts are being prepared
in a uniform manner with utmost transparency. There should be a law to
wind up an organization, to take action against any erroneous act or
malpractice of an organization and the persons involved.
The other most important part is ‘service delivery’. The service
delivery has two parts; the services and beneficiaries. Standards should
be set for service delivery with the intervention of Government
agencies. Government agencies should provide certificate of quality
assurance to these organizations.
The organizations should reveal who the beneficiaries are and their
details to ensure that benefits have been actually delivered to the
intended beneficiaries. Corruption and malpractice can be minimized only
through a proper system.
Q: Briefly explain the existing law
on NGOs.
A: Since 1980, there has been instances of legal developments
in the country with regard to the NGO sector. The basic law that is in
force today is known as `Voluntary Social Service Organizations’
(Registration as a provision)Act number 31 of 1980. This law was amended
by Amendment Act No. 8 of 1998.
Again a regulation was issued in 1999, under the Commission of Law by
the then minister. Meanwhile, through a Cabinet decision, the National
Secretariat of Non-Governmental Organizations (NGO Secretariat) was
established in 1997.
Then in 1999, the President’s Circular was approved by Cabinet which
was drafted by an official committee along with a number of
recommendations. That circular was a landmark development in the history
of law relative to NGOs which was on registering and monitoring of NGOs.
The circular was provided for registration of NGOs at District and
Divisional Secretariat offices. The NGO Secretariat registers all
national level NGOs while District Secretaries and Divisional
Secretaries register other NGOs.
There was a clear increase in the number of NGOs following the
tsunami. |
In the recent past, the Finance Ministry Secretary issued a number of
circulars. Defence Secretary and the Internal Administration Ministry
Secretary also issued important circulars. This is the legal base we are
having now in connection with NGOs and we are operating based on these
laws.
The 1980 law was adequate to govern the NGOs only under the scenario
that prevailed in 1980. But now the situation has changed a lot.
Particularly after the tsunami, a large number of INGOs came to Sri
Lanka.
The law passed in 1980 in connection with NGOs does not include
punishment other than of Rs.250 fine by Courts. Because of this
weakness, corrupt NGOs are freely engaged in billions of rupees worth
deals and get away only with a fine of Rs.250 without a problem.
There was no provision to terminate the licence of NGOs. Fund raising
is another section that is overlooked by the 1980 law. There should be
records on how much these organizations raise as funds locally and
internationally.
Q: What does International Law say on
abuse charities for terrorism?
A: The Security Council Resolution 1373 of 2001 aimed at
placing barriers on the movement, organization and fund-raising
activities of terrorist groups. UN Member States were encouraged to
share their intelligence on terrorist groups to assist in combating
international terrorism.
The Resolution also calls on all States to adjust their national laws
so that they can ratify all the existing international conventions on
terrorism. It stated that all States “should also ensure that terrorist
acts are established as serious criminal offences in domestic laws and
regulations and the seriousness of such acts is duly reflected in
sentences served.
The Resolution established the Security Council’s Counter Terrorism
Committee [CTC] to monitor state compliance with its provisions.
It also aimed at restricting immigration law, stating that “before
granting refugee status, all States should take appropriate measures to
ensure that asylum seekers had not planned, facilitated or participated
in terrorist acts.
Further, States should ensure that refugee status was not abused by
perpetrators, organizers or facilitators of terrorist acts and that
claims of political motivation were not recognized as grounds for
refusing requests for the extradition of alleged terrorists.
Q: Was there any change with the
number of INGOs, NGOs and their operations after the tsunami?
A: Yes of course. There was a very clear increase in the
number of NGOs following the tsunami. Before the tsunami, there were
only 850 NGOs in Sri Lanka. This number increased to 1,150 after the
tsunami.
Those NGOs came with a lot of resources and troubles. Some of the
problems caused by NGOs were there even before the tsunami. At present,
there are 1307 NGOs in Sri Lanka. While 357 of them are foreign NGOs and
950 are local.
Q: What forms of corruption and
malpractices have been reported in connection with such organizations?
A: The National Secretariat for Non-Governmental Organizations
receives complaints from stakeholders of NGOs in connection with various
problems. The Secretariat has already appointed an Inquiry Board under
the provisions of the existing law. Majority is mainly related to
financial irregularities.
And there were some complaint against certain expatriates. There are
two investigations going on, on two local NGOs and there are around 10
to 15 pending investigations. All are national level NGOs. Stakeholders
and the public can forward complaint to this Inquiry Board.
The governance problems came into question such as accountability,
transparency and the role of the law along with responsiveness. The
principles of good governance need to be applied to ensure that the NGO
sector is well governed. There was another problem in complying with
Paris Aid Declaration to ensure the aid effectiveness of the NGO sector.
Governance problems in the NGO sector have become an international
issue. Financing terrorism is one such problem that has become a global
issue. The Security Council Resolution 1373 of 2001 on combating abuse
of charities for terrorism mentioned above shows the gravity of the
problem. |