Regulating foreign funds for NGOs

With the approval of the draft "Foreign Contributions (Voluntary Activities) Regulation Act-2014' by the cabinet, the law looks very much a reality soon. What in legal parlance is regulation may not always express the literal meaning. Streamlining would have better conveyed the actual sense. But that is in case of developed democracies. In the context of countries like Bangladesh, control, more often than not, refers to the dreaded term restriction and at times unreasonable imposition of legal provisions on matters most innocuous and innocent. If the proposed law seeks to ensure 'transparency, accountability, proper inspection, monitoring, evaluation' and proper use of foreign funds, there is nothing wrong with it. But the NGO Affairs Bureau was created precisely to take care of all foreign funds finding way into the country for project implementation by non-government organisations (NGOs). Rules were made rigorous enough for NGOs to qualify for implementation of projects. Then what development has suddenly taken place warranting a new controlling act?

Most stringent of laws notwithstanding, dishonest elements can find room for manoeuvring and manipulation. But then those in power and position also have mechanism enough to identify such elements if their organisation works not just as a lax one but like an institution. This refers to good governance. Now the question is, if the NGO Affairs Bureau has gone through the process of institution-building or it suffers from the endemic ailment that has rendered most other public offices and institutions in the country imperfect. Integrity of public institutions matters and this must be complemented by efficiency and quality of the people in charge. Whether this happens or not in case of the NGO Affairs Bureau or for that matter other public institutions decides the course of the affairs they preside over. Under the existing ordinances also, no NGO could receive foreign funds without its approval. The proposed law makes it incumbent on each of the NGOs to get registered with the Bureau. But was there any scope for unregistered ones to carry out such programmes? It is news if it happened.

Let it be clear, if the NGO Affairs Bureau itself has no weakness in terms of going by the legal provisions, there is little chance of fund going into wrong hands. But if its own house fails to give a transparent account of itself, funds will not only find their ways into undesirable projects but also into militant networks. The provisions for cancellation, imposition of fines and punishment for violation of regulations are dependent on strict monitoring and screening of the private organisations. If the Bureau can perform such acts in the first place, it can as well put a stop to any such illegal practices by such organisations. So what counts is the NGO Affairs Bureau's ability to carry out such acts of monitoring and inspection. Is it well equipped and staffed to do this? Proper project implementation, use of fund and other such important matters are now closely looked into by the donors. Is there a possibility of clash of interests? Given the highly appreciable role of some of the reputed NGOs in carrying out socio-economic programmes, it would be wise to avoid too much meddling in their affairs.