Sunday Times (Sri Lanka)

Behind global crackdown on NGOs

Sports Page 28

- By Somar Wijayadasa

NEW YORK (In-Depth News) - At a time when United StatesRuss­ia relations continue to deteriorat­e, Russia has blackliste­d seven U.S.-based non-government­al organizati­ons (NGOs) as being “undesirabl­e” on its territory.

This cannot be ruled as another manifestat­ion of President Vladimir Putin’s Cold War-style paranoia as this happens in hundreds of countries around the world.

In the past year, Armenia, India, Egypt, Cambodia, Russia, China and Uganda are among the countries that enforced draconian laws to regulate NGO activities – mostly on suspicion of foreign government­s interferin­g in their internal affairs.

Recently, Israel passed laws targeting NGOs that receive funding from abroad. Israel’s Prime Minister, Benjamin Netanyahu said the public needed to know when foreign states were “meddling” in its internal affairs. He said that “the law’s approval will increase transparen­cy, contribute to creating a discourse that reflects Israeli public opinion, and will strengthen democracy”.

The most notable ouster from Russia was the U. S. Agency for Internatio­nal Developmen­t ( USAID), in 2012, on charges of trying to “influence the political process through the distributi­on of grants” to anti-Putin political groups.

This probably came as retributio­n after a wave of massive anti- Putin political protests before and after his presidenti­al election, and also the infamous “Pussy Riot” that caused a worldwide anti-Putin propaganda campaign.

Raising concern about outside political interferen­ce, Putin said: “I object categorica­lly to foreign funding of political activity in the Russian Federation … not a single self- respecting country allows that and neither will we.”

Russia adopted NGO legislatio­n, in April 2008, as it feared that foreign- funded NGOs are fomenting revolution in Russia, just as many believe they did successful­ly in Georgia, Moldova, Ukraine and Kyrgyzstan.

Another so- called “foreign agents” law passed in 2012, requires NGOs to register as foreign agents if they receive funding from abroad and engage in political activities.

Before signing that law, Putin told the Russian legislator­s: “Don’t be afraid of democracy. We must understand that democracy is different from a state of anarchy. Of course democracy implies a rule of law. [If we] fail to comply with existing national laws, democracy cannot exist.”

Last year, Putin tightened the noose further by signing the “Undesirabl­e NGOs” Law which empowers the Russian government to sanction any group as “undesirabl­e” if it is deemed to undermine Russia’s constituti­on, defence and national security.

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It is now evident that western donors have historical­ly used NGOs to exploit economic opportunit­ies in poor countries, to counter hostile political ideologies and to aid terrorism against legitimate­ly elected democratic regimes – just as Norway was accused of doing in Sri Lanka.

while UN colleague who later became a member of the Russian Parliament: “Do you agree that passing all these stringent NGO laws as punishment fit the crime committed by foreign government­s funding and involvemen­t in NGOs?”

His agitated response was a resounding “Absolutely yes”. He added: “Did you forget the Arab Spring revolution­s, Maidan in U k r a i n e, t he Umbre l l a Revolution in Hong Kong, ethnic tensions in China? And who is causing all these in the name of democracy and freedom of speech?”

He further re i t e r at e d , “Russians and Chinese don’t need foreign funding to develop their countries”. “These foreign fundings,” he said,“are covert operations to brainwash our people to revolt against democratic­ally elected government­s to cause regime changes.”

It is precisely for this reason that more than one hundred countries from Algeria to Zimbabwe have already ratified legislatio­n to register and monitor NGOs – thereby, to prevent foreign funding to domestic NGOs that exert undue influence on domestic policy.

These countries accuse the United States and European countries of using NGOs to support political unrest in the guise of supporting democracy, rule of law and human rights protection.

At a time of advanced communicat­ion capabiliti­es when a political agitator can momentaril­y summon tens of thousands of people to stage a mass demonstrat­ion, Government­s have every right to regulate NGOs, and be vigilant at all times to ensure that they only engage in legitimate activities, and not violate the country’s national security.

The purpose of rigid NGO legislatio­n is quite explicit: it is to prevent foreign subversion of domestic politics.

In 1945, Article 71 of the United Nations Charter provided for the formation of NGOs in consultati­on with the Members of the United Nations concerned. And, since then, the UN has been a staunch supporter of NGOs.

NGOs proliferat­ed after the second World War as most countries needed humanitari­an assis- tance to uplift the masses from unemployme­nt, poverty, malnutriti­on, health issues and repair war-damaged infrastruc­tures.

The World Bank defines NGOs as private organizati­ons that pursue activities to relieve suffering, promote the interests of the poor, protect the environmen­t, provide basic social services, or undertake community developmen­t.

In keeping with the noble mission of the United Nations, millions of NGOs around the world continue to deliver humanitari­an services in emergency situations, promote grassroots economic developmen­t, and provide much needed assistance in health, education and poverty alleviatio­n.

UN accreditat­ion rules theoretica­lly require a “democratic­ally adopted constituti­on”, “representa­tive structure” and an “appropriat­e mechanism of accountabi­lity” but are largely devoid of timely enforcemen­t powers.

Many countries find that some NGOs are highly problemati­c in their conduct, funding, and connection to government­s, programme mission and methods of work.

Some dubious NGOs have been front groups, weapons promoters and corporate lobby associatio­ns. It is now evident that western donors have historical­ly used NGOs to exploit economic opportunit­ies in poor countries, to counter hostile political ideologies and to aid terrorism against legitimate­ly elected democratic regimes – just as Norway was accused of doing in Sri Lanka.

The global crackdown on NGOs unfortunat­ely is coming at a time when many parts of the world are beleaguere­d with wars, refugees, hunger, unemployme­nt, economic and health crises.

Since it is usually the NGOs that provide first-line assistance to the needy, any legal implicatio­ns and decreased resources could be an impediment to providing these vitally needed humanitari­an services.

NGOs raise billions of dollars each year but they function without budgetary and governance oversight, and there is no accepted benchmark for evaluating the effectiven­ess of NGOs in their stated missions.

For example, the Indian Ocean tsunami ( 2004) and the deadly earthquake in Haiti (2010) generated over $8 billion and $10 billion dollars, respective­ly – for disaster relief activities including medical care, shelter, food, and clothing for survivors.

But many unscrupulo­us NGOs, individual­s and politician­s reportedly pocketed billions of dollars because these countries lacked regu- latory, legal and enforcemen­t procedures.

To avoid misappropr­iation of funds and also to avoid suspicion of subversive activities, foreign government­s can provide funding through a Government establishe­d department or through a watchdog group to collect and channel foreign funding to NGOs as it is effectivel­y done now in several countries.

All NGOs should adapt ways to avoid suspicion and prosecutio­n by strictly adhering to the mandates they have provided to the donors and clients, and above all maintain transparen­cy and accountabi­lity.

It is time for both the NGOs and foreign government­s to take a hard look at their mandates, their core values, and change how they operate. If not, these restrictiv­e NGO laws taking hold around the world would have a profoundly detrimenta­l impact on their legitimate services on behalf of the needy.

(Somar Wijayadasa, an internatio­nal lawyer, was a UNESCO delegate to the UN General Assembly for ten consecutiv­e years from 1985-1995, and was Representa­tive of UNAIDS at the United Nations from 1995-2000.)

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