Foreign Contribution Act: International NGOs to face robust scrutiny
Screening, regulation and monitoring to be improved in view of security situation
PHOTO COURTESY: NEW PAKISTAN
ISLAMABAD:
Recommendations for improving the existing rules and procedures for screening, regulating and monitoring international non-governmental organisations (INGOs) will soon be forwarded to Prime Minister Nawaz Sharif. The Ministry of Foreign Affairs (MoFA) has finalised the set of recommendations after taking input from all the stakeholders.
Economic Affairs Division (EAD) Secretary Salim Sethi told The Express Tribune that key decisions were made in a meeting at the Foreign Office on June 1.
Sethi said a proposed legislation ‘Foreign Contribution Act 2015’ was ready to be sent to the federal cabinet for approval, following which it would be tabled for parliamentary approval.
The meeting was attended by representatives of the interior ministry, the Security and Exchange Commission of Pakistan, the EAD, the Federal Board of Revenue and the State Bank of Pakistan, as well as intelligence officials.
Premier Nawaz had set up an inter-ministerial committee, headed by PM’s Special Assistant on Foreign Affairs Tariq Fatemi. The committee has prepared recommendations for bringing improvement in the existing rules and procedures for screening, regulation and monitoring of INGOs.
The recommendations seek to “ensure transparency, efficiency and compliance with the laid down framework, with a view to optimising the benefit of INGOs’ contribution and activities in support of our national development goals, while ensuring respect for our culture, norms and security”.
Sethi said the EAD was currently processing cases of more than 100 INGOs. “We don’t need to be apologetic. If an organisation is not meeting the criteria, then we shall not allow it to function in violation of the regulations.” All the countries in the region are tightening their laws to regulate these organisations, said another official while citing the models of India and Bangladesh.
Fatemi confirmed to The Express Tribune that after careful study of all suggestions, the final recommendations would be sent to PM Nawaz. “The basic purpose of this exercise is to review the present process on a priority basis.”
He said Pakistan was soft on the INGOs issue. “We don’t seek to hamper their operations. We only wish to define the regulations to ensure a better working environment for these organisations.”
An FO official said the MoFA was not directly involved in the issue. However, the recent debate in the United Nations regarding the problems being faced by the INGOs in Pakistan was the main source of concern for the premier, which is why he assigned the task to the FO.
The official said the ministry was tasked with (a) responding to the concerns of the diplomatic community as per the international norms and (b) addressing the concerns of the security establishment regarding objectionable activities of certain INGOs.
He said the recommendations were sought for three critical aspects: (1) if an organisation is working in its domain for which it was awarded a no-objection certificate, (2) if the INGO officials have valid documentation, and (3) if the organisations and officials comply with the agreed terms and conditions.
The INGOs would be asked that in case of an emergency, they should use foreign contribution after obtaining prior permission of the federal government, which would be valid for a specified period and for a specific geographical location within Pakistan.
The FO official said some organisations had switched their specified areas without informing the government. Similarly, many INGO officials have expired visas and incomplete travelling documents, he added. “In view of the prevailing security situation, we cannot shut our eyes to all these aspects.”
Foreign government-owned entities like the Department for International Development and the United States Agency for International Development will not be subject to scrutiny.
Intelligence agencies have expressed concern over “suspicious operations” of a few INGOs in some parts of Khyber Pakhtunkhwa and Balochistan, said a source. “In the absence of any regulatory process, so far around two dozen INGOs have been given permission to continue their operations, while another five dozen have been allowed to work under interim arrangements.”
Nargis Khan, policy and communications adviser for Pakistan Humanitarian Foundation (PHF), said: “Issuance of memoranda of understanding (MOUs) and the related appeal process for organisations under review has been slow to date. Given that the MoU with the EAD is a foundation on which INGOs operate in Pakistan, enhanced processing of applications and coordination among all government departments is critical.”
To date only 13 PHF members have received their new MoUs and are currently working under interim permission, she added. Jamiat Ulema-e-Islam-Fazl (JUI-F) lawmaker Shahida Akhtar Ali said it was the government’s basic responsibility to keep all organisations in check. “Even local organisations need such scrutiny, as they are also registered under the same act.”
Dr Anwar Butt, a development expert, said INGOs were allowed to directly intrude during former premier Shaukat Aziz’s tenure. He also backed the move to subject INGOs’ affairs to scrutiny.
Mushtaq Gaadi, who teaches at the Quaid-e-Azam University, said there were two motivations for introducing regulations for INGOs: controlling the resources and security concerns. “It is now the responsibility of the executive to ensure that security concerns are not misused for control over resources.”
Council of Islamic Ideology member Samia Raheel Qazi said: “National interest must be protected, and the government should introduce a transparent mechanism for smooth operation of these organisations.”
As per its counterterrorism strategy, the government has been pursuing INGOs to get themselves registered and declare the details of all their foreign funding sources.
The INGOs shall be bound to provide any information that the government may require from time to time, and such information may be verified by the centre.
Published in The Express Tribune, June 10th, 2015.
Recommendations for improving the existing rules and procedures for screening, regulating and monitoring international non-governmental organisations (INGOs) will soon be forwarded to Prime Minister Nawaz Sharif. The Ministry of Foreign Affairs (MoFA) has finalised the set of recommendations after taking input from all the stakeholders.
Economic Affairs Division (EAD) Secretary Salim Sethi told The Express Tribune that key decisions were made in a meeting at the Foreign Office on June 1.
Sethi said a proposed legislation ‘Foreign Contribution Act 2015’ was ready to be sent to the federal cabinet for approval, following which it would be tabled for parliamentary approval.
The meeting was attended by representatives of the interior ministry, the Security and Exchange Commission of Pakistan, the EAD, the Federal Board of Revenue and the State Bank of Pakistan, as well as intelligence officials.
Premier Nawaz had set up an inter-ministerial committee, headed by PM’s Special Assistant on Foreign Affairs Tariq Fatemi. The committee has prepared recommendations for bringing improvement in the existing rules and procedures for screening, regulation and monitoring of INGOs.
The recommendations seek to “ensure transparency, efficiency and compliance with the laid down framework, with a view to optimising the benefit of INGOs’ contribution and activities in support of our national development goals, while ensuring respect for our culture, norms and security”.
Sethi said the EAD was currently processing cases of more than 100 INGOs. “We don’t need to be apologetic. If an organisation is not meeting the criteria, then we shall not allow it to function in violation of the regulations.” All the countries in the region are tightening their laws to regulate these organisations, said another official while citing the models of India and Bangladesh.
Fatemi confirmed to The Express Tribune that after careful study of all suggestions, the final recommendations would be sent to PM Nawaz. “The basic purpose of this exercise is to review the present process on a priority basis.”
He said Pakistan was soft on the INGOs issue. “We don’t seek to hamper their operations. We only wish to define the regulations to ensure a better working environment for these organisations.”
An FO official said the MoFA was not directly involved in the issue. However, the recent debate in the United Nations regarding the problems being faced by the INGOs in Pakistan was the main source of concern for the premier, which is why he assigned the task to the FO.
The official said the ministry was tasked with (a) responding to the concerns of the diplomatic community as per the international norms and (b) addressing the concerns of the security establishment regarding objectionable activities of certain INGOs.
He said the recommendations were sought for three critical aspects: (1) if an organisation is working in its domain for which it was awarded a no-objection certificate, (2) if the INGO officials have valid documentation, and (3) if the organisations and officials comply with the agreed terms and conditions.
The INGOs would be asked that in case of an emergency, they should use foreign contribution after obtaining prior permission of the federal government, which would be valid for a specified period and for a specific geographical location within Pakistan.
The FO official said some organisations had switched their specified areas without informing the government. Similarly, many INGO officials have expired visas and incomplete travelling documents, he added. “In view of the prevailing security situation, we cannot shut our eyes to all these aspects.”
Foreign government-owned entities like the Department for International Development and the United States Agency for International Development will not be subject to scrutiny.
Intelligence agencies have expressed concern over “suspicious operations” of a few INGOs in some parts of Khyber Pakhtunkhwa and Balochistan, said a source. “In the absence of any regulatory process, so far around two dozen INGOs have been given permission to continue their operations, while another five dozen have been allowed to work under interim arrangements.”
Nargis Khan, policy and communications adviser for Pakistan Humanitarian Foundation (PHF), said: “Issuance of memoranda of understanding (MOUs) and the related appeal process for organisations under review has been slow to date. Given that the MoU with the EAD is a foundation on which INGOs operate in Pakistan, enhanced processing of applications and coordination among all government departments is critical.”
To date only 13 PHF members have received their new MoUs and are currently working under interim permission, she added. Jamiat Ulema-e-Islam-Fazl (JUI-F) lawmaker Shahida Akhtar Ali said it was the government’s basic responsibility to keep all organisations in check. “Even local organisations need such scrutiny, as they are also registered under the same act.”
Dr Anwar Butt, a development expert, said INGOs were allowed to directly intrude during former premier Shaukat Aziz’s tenure. He also backed the move to subject INGOs’ affairs to scrutiny.
Mushtaq Gaadi, who teaches at the Quaid-e-Azam University, said there were two motivations for introducing regulations for INGOs: controlling the resources and security concerns. “It is now the responsibility of the executive to ensure that security concerns are not misused for control over resources.”
Council of Islamic Ideology member Samia Raheel Qazi said: “National interest must be protected, and the government should introduce a transparent mechanism for smooth operation of these organisations.”
As per its counterterrorism strategy, the government has been pursuing INGOs to get themselves registered and declare the details of all their foreign funding sources.
The INGOs shall be bound to provide any information that the government may require from time to time, and such information may be verified by the centre.
Published in The Express Tribune, June 10th, 2015.