Withdraw NGO Code of Conduct: UN, Diplomats and INGO

Kathmandu, Nov 17 - The United Nations on Thursday recommended the government to repeal the recently introduced NGO Code of Conduct saying it "clearly provides a means for undue political interference and is likely to hinder critical development activities."

The UN said that the Code is inconsistent with Nepal's commitments and obligations under the International Covenant on Civil and Political Rights and other international human rights instruments.

In a letter sent to the Minister for Woman, Children and Social Welfare, the Office of the United Nations Resident and Humanitarian Coordinator, on behalf of several international donors and UN agencies, today said: "We believe the Code of Conduct is not conducive either to improving NGO governance or to fostering NGO endeavours."

"It is likely to hinder critical development activities as the independence and impartiality of Non Governmental Organisations are essential to work in rural areas and to support the population affected by the conflict," the letter says, adding, "We therefore recommend that the current Code of Conduct be withdrawn and that this issue be revisited."

"Provisions exerting governmental control over NGO access to funding from international donors, requiring that NGO programmes be in conformity with government policies and programmes, or requiring that NGO personnel observe government policies and bear individual and collective responsibility for the activities implemented by the organization would violate Nepal's international human rights obligations including the right to freedom of association."

"As such, the Code of Conduct does not appear likely to contribute to the process of ensuring accountability and transparency and will be seen as another step to constrain the legitimate activities of civil society," the letter says.

Its added that the regulation of civil society should be the product of an open and active participatory and consultative dialogue and in this instance both the process and the wording have failed to take adequate account of the views of NGOs- both Nepali and international.

The letter was signed by UN Resident Coordinator, Mathew Kahane, on behalf of several donors and UN agencies including the British, Canadian, Danish, Finnish and Australian embassies, Delegation of the European Commission to Nepal, U.S Mission to Nepal, German Technical Cooperation (GTZ), SNV Nepal, Swiss Agency for Development and Cooperation (SDC), and the UK Department for International Development (DFID).

Few days ago, United Nations expression of concern over events in Nepal, a senior human rights official called on the Government to withdraw a draft code of conduct for all national and international ‘social organizations,’ declaring it would violate the Himalayan kingdom’s international obligations.

Provisions exerting governmental control over access by non-governmental organizations (NGOs) working to address human rights concerns to funding from international donors, are among some of the those that are of particular concern, Secretary-General Kofi Annan's Special Representative on human rights defenders, Hina Jilani, said in a statement .

“The Special Representative is deeply concerned that the adoption of many of the provisions… would lead to violations of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms – otherwise known as the Declaration on human rights defenders – as well as other international human rights standards,” the statement added.

Other provisions “of particular concern” included the issuance of directives to NGOs or the exercise of supervision over NGOs by the Social Welfare Council, asserting controls over the locations in which NGOs can work, imposing collective responsibility of officials and staff for activities conducted by an NGO, and stipulating that NGOs should not endanger social harmony.

“The Special Representative calls on the Nepalese Government to reconsider introducing this code of conduct which, if adopted and implemented would violate Nepal's international human rights obligations,” the statement concluded.

Last month, the UN Educational, Scientific and Cultural Organization (UNESCO) deplored new restrictions on press freedom and freedom of expression, and a UN High Commissioner for Human Rights report said Nepal was experiencing a “grave human rights crisis” marked by killings of civilians, disappearances, torture and crimes against children.

The report documented how human rights abuses go largely unpunished in the country, where Maoist rebels have been waging war since 1996 and King Gyanendra has been exercising all executive authority since dismissing the Government in February.

In September the UN Commission on Human Rights Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, Manfred Nowak, found that both the Nepalese police and military and the rebels practised torture.