COMMUNIQUE ISSUED BY A GROUP OF CONCERNED CIVIL SOCIETY LEADERS ON THE BILL FOR AN ACT TO REGULATE THE ACCEPTANCE AND UTILIZATION OF FINANCE/MATERIAL CONTRIBUTIONS OF DONOR AGENCIES TO VOLUNTARY ORGANISATIONS AND FOR MATTERS CONNECTED THEREWITH, ON WEDNESDAY THE 25TH OF JULY, 2014
Preamble
The House of Representatives has scheduled a Public Hearing on Wednesday 2nd July, 2014 on a Bill for an Act to Regulate the Acceptance and Utilization of Finance/Material Contributions of Donor Agencies to Voluntary Organizations and for Matters Related Connected therewith. A group of concerned civil society leaders, met on the 25th of July, 2014 as part of ongoing consultations on the desirability and usefulness of the Bill in an emerging democracy such as ours.
Concerns
Flowing from discussions at the meeting and the feedback from other CSO leaders and practitioners, the meeting expressed the following concerns:
(i) That there is no gap or mischief in existing law for the regulation of voluntary organisations and as such, the proposed legislation will add no value to the security and welfare of Nigerians.
(ii) That the provisions of the Bill is superfluous and duplicates the provisions of existing legislations such as the Banks and other Financial Institutions Act, the Companies and Allied Matters Act, the Terrorism Prevention Act, the Central Bank Act, the Money Laundering (Prohibition) Act and several other extant Acts, practices and procedures.
(iii) Many voluntary organisations are already registered with the Corporate Affairs Commission and file their annual returns; and have registered with Special Control Unit against Money Laundering (SCUML) and also file the due returns.
(iv) The Independent Corrupt Practices and other Related Offences Commission (ICPC) is already overburdened and has not been able to fulfill its primary obligation related to corruption. The extra mandate which will be assigned to it if this Bill becomes law will cripple the ICPC.
(v) The Bill seeks to restrain voluntary organisations from responding to emergencies considering the six months time frame for ICPC to act and approve applications to receive foreign funding
(vi) That the Bill will unduly constrain the rights of Nigerian to freedom of thought, conscience and religion and subject our rights to the whims and caprices of government.
(vii) The grounds upon which the ICPC may prohibit a group from receiving foreign funding including the “sovereignty and integrity of Nigeria” are nebulous and reminiscent of the dictatorial caprices of military rule.
(viii) The proposed law cannot be reasonably justified in a democratic society within the known constitutional claw back clauses of defence, public safety, public order, public morality, public health or for the purpose of protecting the rights and freedoms of others.
(ix) That the Bill if passed into law would increase the cost of governance which goes against the popular demand for the reduction of the cost of governance to free resources towards providing citizens welfare needs.
(x) Introducing such a bill on the eve of the elections when voluntary organisations are insisting on holding public officials to account is an attempt to shut out alternative views and cripple the citizens last line of defence against tyranny and oppression.
(xi) The Bill will hinder remittances and contributions by Nigerians in Diaspora to the development of the fatherland. This will increase and deepen poverty and the Nigerian misery index leading to further escalation of violence in the country.
Resolution
The meeting further resolved as follows:
1. That it is in the best interest of Nigerians to resist tyranny and oppose the Bill.
2. That CSOs, the Church and the Mosque, other faith based groups, community based groups, trade unions, students, market women and other critical stakeholders should begin national mobilisation to ensure that our God given and constitutionally guaranteed fundamental rights to associate, hold and express opinions and to worship God through a religion of our choice is not rendered redundant through the passage of the Bill
3. That the House of Representatives and indeed, the National Assembly should listen to the voice of reason and withdraw the Bill as it has the potential of negatively impacting on Nigeria’s development
Conclusion
The meeting concluded by calling on all to remain committed to active citizenship and protect the public space for engagement which a Bill such as the one being proposed is capable of constraining.
Signed:
1. Centre for Social Justice
2. Center LSD
3. Action Aid
4. CLEEN Foundation
5. Centre for Democracy and Development
6. Say No Campaign
7. Civil Society Legislative Advocacy Centre
8. Lawyers Alert
9. Legal Defence and Assistance Project
10. Human Rights Agenda Network ( HRAN )
