Kathmandu, Nov14-The representatives of NGOs have threatened to move international court regarding the recently promulgated Code of Conduct for the NGOs. They have categorically refused to follow the "politicised" Code of Conduct and dared the government and the council of ministers to serve the country by refusing their monthly paychecks.
"We will knock the doors of international courts for justice and there is no way that the Code of Conduct can be implemented," Subodh Pyakurel, chairman of the Informal Sector Service Centre, said, while speaking at a press meet organised by the Reporters Club here on Monday.
"Why are the government and the ministers drawing their monthly pay-checks if they don't want those running the NGOs to be paid?" he said, emphasising the Code of Conduct's impossible points.
Pyakurel pointed out that the NGO sector's administrative costs are only 15 per cent, compared to the government’s whopping 65 per cent.
Expressing dissatisfaction over the Code of Conduct's requirement for NGOs to make their financial documents, including grants, public, he said they have always been transparent. "We show our financial documents and activities to the CDO office and Social Welfare Council. Isn't that transparency?" he said.
Likewise, Arjun Karki, president of NGO Federation said," We are not against foresighted and responsible approach. However, the intention of the Code of Conduct, more than its contents, is questionable." The government's intention, according to him, is to cover-up its ongoing activities.
Similarly, advocate Sapna Pradhan Malla, president of the Forum for Women, Law and Development said the attack on NGOs following its attack on the media, is part of the government’s systematic attack on all sectors.
However Sarad Sharma, member secretary of the Social Welfare Council (SWC), calling on the NGOs to work towards implementing the Code of Conduct, said, the code could always be amended.
"However, if any NGO refuses to implement the Code of Conduct, we will give it a chance for an explanation. If it still refuses to follow it, its registration will be scrapped," he warned.
GLOBAL APPEAL
Nepal’s GOVERNMENT ASSAULTS NGOs THRU CODE OF CONDUCT
Law of force supersedes force of law !!
Dear all
On behalf of the NGO Federation of Nepal, I would like to draw your immediate attention to the “NGO Code of Conduct”, as you may know; the unconstitutional regime of Nepal has promulgated on November 11, 2005, after the amendment of the Social Welfare Council Act-2049.
The motif behind the amendment of the NGO legislation and the recent promulgation of the Code of Conduct is to control and suppress the dissenting political voice of NGOs and civil society organizations in the wake of the Royal proclamation of February 1, 2005. The Code of Conduct completely shutters the `political space', for the frontline Civil Society Organizations which are ceaselessly fighting for the restoration of fundamental freedoms and democratic polity. The voluntary organizations and associations are now debarred to organize themselves for advocacy, lobbying, campaign, and information dissemination, as the regime has created direct obstructions to the NGOs jurisdiction through this despotic move.
With the promulgation of the Code of Conduct, NGOs now are restricted from functioning independently as autonomous entities except for the GONGOs (government sponsored non-governmental organizations) under the present undemocratic and authoritarian regime. We believe that political freedom is a prerequisite to operate any voluntary sector without state's dictation and encroachment to its universally recognized jurisdiction. The so called Code of Conduct introduced by the Royal regime is unacceptable, and unconstitutional. In the 21st century, the unlawful act of this regime has pushed the citizens’ freedom and liberty back to the medieval era. The Code of Conduct snatches the sovereignty of NGOs which are working under exceptionally difficult circumstances for citizens' rights and just peace amidst the high voltage armed conflict.
It is now obvious that the government is using its power to discourage popular participation in every sphere of nation building. In other words, the Code of Conduct, in the name of regulating NGOs has malafide provisions and intentions to halt all civil society activities that are in contradiction to the regime's authoritarian political doctrine.
The Code of Conduct has violated all fundamental freedoms of citizens as enshrined in the international human rights law and the provisions of the Constitution of 1990. With the enforcement of the Code of Conduct, the right to information, freedom of association and expression as well as the rights of the human rights defenders will be severely curtailed. NGOs will loose their universally established distinct independent status. The provision of the Code of Conduct has a stringent measure asking all NGOs to act in full compliance with the state's programs, policies, activities and codes. In other word, the entire essence and motif of the government is to demean all NGO activities as well as constantly intimidate them by involuntarily bringing them within the government’s radar screen.
According to the Code of Conduct, activities which are construed as `political' by the Social Welfare Council can cause an organization to lose its legal status. This is a great paradox in a democratic society not to utter about politics where the state has ratified the International Covenant on Civil and Political Rights and related Protocols and the Constitution guarantees political rights to all citizens as fundamental civil liberties. This is a double jeopardy and the blatant mockery of the rule of law.
The regime has demonstrated its artificial 'need' to regulate NGO activities to synchronize its political agenda. The civil society has been abruptly pushed up to the edge after the February 1 often phrasing the rights groups, media and the law professionals- both national and international-as the hostile elements. The incredibly brave and consistently meticulous work to underscore human rights violations in the global arena has caused unprecedented nervousness to the regime. The regime is exploring all legal or illegal means to discredit, suppress and ultimately outlaw the articulate NGOs and the Code of Conduct is the double edged weapon to crush the rising dissidents.
The NGO Federation of Nepal, an alliance of more than 2600 NGOs actively working in Nepal, has outrightly rejected the Code of Conduct and has appealed all sections of the society to defy this. There is a little hope that in the current extremely adversarial political climate there is any room available to seek justice from any domestic avenues. Thus, the united, urgent concerned support and solidarity from the international community is vital to assist NGOs in Nepal defy the Code of Conduct thereby to create an enabling environment for the Civil Society Organizations to pursue the cause for the restoration of democracy and civil liberties.
Please send your immediate response/concerns through fax, phone, e-mail or letter to the following:
His Majesty the King Gyanendra Bir Bikram Shah
Chairman
Council of Ministers
His Majesty's Government of Nepal
Narayanhiti Royal Palace
Kathmandu, Nepal
Tel: 977-1-4227577 (hunting line) 977-1-4228085
Fax: 977-1-4228688/4240187
Hon’ble Mr. Dan Bahadur Shahi
Home Minister
Ministry of Home
His Majesty's Government of Nepal
Singadurbar, Kathmandu, Nepal
Tel:977-1-4224737
Fax: 977-1-4225156
Email: homehmg@wlink.com.np
Hon'ble Durga Shrestha
Minister for Women, Children and Social Welfare
His Majesty's Government of Nepal
Singhdurbar, Kathmandu, Nepal
Tel: 977-1-4241465
Fax: 977-1-4241516
E-mail: mwcsw@ntc.net.np
Thank you very much for your urgent attention.
Sincerely yours,
Dr. Gopal Krishna Siwakoti
Defend Human Rights Movement-Nepal
(Formerly known as a group of 25 Human Rights Organizations)
Kathmandu, Nepal
For further information, please feel free to contact:
ceasefire_nepal@yahoo.com, gopyaa@yahoo.com, somu13@hotmail.com
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