CSOs against assenting to NGO Amendment Bill
Some civil society organisations (CSOs) in the country have urged President Lazarus Chakwera not to assent to the Non-Governmental Organisations (NGO) Act Amendment Bill, arguing it is aimed at gagging operations of CSOs and undermining human rights and democracy.
The Bill, which Parliament passed last month, defines roles of the NGO Board and Council for Non Governmental Organisations in Malawi besides demanding accountability for funds.
The CSOs, including Youth and Society (YAS), Centre for Human Rights and Rehabilitation (CHRR), Human Rights Defenders Coalition (HRDC) and Section 12, believe the controversial Bill ought not to have been tabled in the first place as there is a court order stopping its discussion.
Speaking during a media briefing in Lilongwe on Friday, YAS executive director Charles Kajoloweka observed that the Bill does not pass the constitutional test and violates fundamental rights and freedoms, particularly freedom of association, freedom of assembly and other related rights.
He said: “We have a government that is a product of an independent Judiciary and a vibrant civil society, but today the Tonse Alliance are attacking the Judiciary by undermining decisions of the court. The government is undermining and attacking the CSOs that gave them a springboard into power. If it was not for active civil society these people could not have been in power today.
“We just want to remind them that they have obligations to defend the Constitution, to protect interest of Malawians, to protect human rights and also respect rule of law. The decisions of the court are important and must be respected and government shouldn’t be giving a middle finger to the courts, CSOs and citizens.”
According to Kajoloweka the Bill is targeting frontline organisations that are engaged in sticky governance and human right issues by criminalising active citizenship.
He added that the Bill gives broad and undefined mandate to NGO authority to suspend and close an organisation if any part of the law is violated, saying there is need to clearly define the scope of information and documentation that the authority may request for verification.
“The Bill also criminalises politicking, meaning as CSOs we can’t engage on political issues, but this is a political government and we need to engage on such issues. The Bill doesn’t even define what politicking is so we have a Bill that is designed as a scheme to undermine CSOs engaged in governance and human rights,” said Kajoloweka.
Taking his turn, CHRR executive director Michael Kaiyatsa pointed out that the penalties in the Bill are not in line with regional and international standards and best practice.
He said: “For example, as stated by the African Commission on Human and Peoples’ Rights, States shall not impose criminal sanctions in the context of laws governing not-for-profit associations. All criminal sanctions should be specified in the Penal Code and not elsewhere. This helps to ensure that governments do not introduce specialised penalties for NGOs aimed at restricting civil society.”
The CSOs are, therefore, calling for the revision of some clauses to ensure that the complaint and dispute resolution functions conform with due process protections, including notice, impartial review, and the right to appeal.
Deputy Minister of Gender, Community Development and Social Welfare Agnes Nkusa-Nkhoma who tabled the Bill in the House, told legislators that the amended law will bring sanity in NGO operations.
Earlier, CSOs lawyer Wesley Mwafulirwa, who obtained a court order restraining Parliament from tabling the Bill, claimed that Parliament had ignored a court order by passing the Bill.
