When CSOs, govt agencies put NGO Regulatory Bill to the cross

Kolawole Daniel, writes on the recent public hearing held by House Committee on Civil Societies and Development Partners, on the Non-Governmental Organisations, (NGOs) Regulatory Bill, which sparked protests even outside the chambers.

On December 13, the main entrance to the National Assembly at the Eagle Square played hosts to the protesting squad of guests that usually swarm the arena. They bore placards adorned with different inscriptions and wore T-Shirts that also carried different messages all condemning the planned passage of the Non-Governmental Organisations regulatory bill slated for public hearing in the House of Representatives that day.

The protesters were members of the Civil society Organisations (CSO), whose leaders had gone inside the Assembly complex to present their positions to the lawmakers at the public hearing put together by the House Committee on Civil Societies and Development partners headed by Honourable Peter Akpatason. The foot soldiers stayed put at the entrance of the National Assembly and remained at the spot till later in the day when the public hearing dispersed.

Before the public hearing was called, the bill had landed in some controversy as the former Chairman of the National Human Rights Commission, Professor Chidi Odinkalu rallied the CSOs together to do all they could to stop the passage of the bill.

Odinkalu said in a widely circulated message on social media that the bill was targeted at muzzling the alternate voice in the polity and cripple the voice of dissent. He said that the bill would stifle religious freedom and operations of the NGOs.

A charged atmosphere has thus been created ahead of the public hearing in the House of Representatives. By way of definition, the bill is seeking to create a regulatory agency to supervise, coordinate and monitor activities of NGOs and Civil Society Organisations (CSOs) including religious bodies in the country. It was sponsored by the Deputy Leader of the House, Honourable Buba Jubril.

As a result of the tension generated by the planned bill, Chairman of the Committee, Hon Akpatason had to visit some media houses ahead of the public hearing to give the commitment that members of the public had another chance to determine the fate of that bill adding that the House has no position on the matter yet. Hon. Akpatason hinted that the committee was ready to hear the views of those in support and against the bill.

According to him, during the public hearing on the bill, “Stakeholders should come here and present whatever position they have, whether you are speaking for or against, this is the only legal avenue you have to present such position, we are also guaranteeing that such position will be properly considered at the appropriate time.”

He gave further assurances thus: “The bill has actually generated very robust debate since it scaled through second reading, I won’t call it negative reaction because they are both positive and negative reactions, depending on the perspective from which each person or organisation is looking at it.

“A whole lot of people have made positive comments on the need to regulate, while several people also believe that regulations should not be mentioned at all, that nobody should talk about regulations at all.

“The essence of public hearing is to allow the whole of these public debate to be reduced to a very concise and focused position which will be presented to the House and at the end of the day we will analyse them based on what has been presented by all stakeholders and at the end of the day appropriate position will be taken to ensure that the interest of Nigerians and organisations working in the civil place is protected.

“That is why bills of this kind are found in most parts of the world, the content might not be exactly the same but there are efforts to look at what is happening in the civil space and to ensure that agencies that are operating in that space operate unhindered and also to ensure that nobody takes advantage of that conducive environment, to undermine the interest of the nation.

“In anything that we do you will agree with me that there is need for transparency and accountability, and measure must be put in place to guarantees that also in the civil space you find that what happens in other parts of the world is that people who spent their money on development project they are given certain incentives, for you to qualify for such incentives you must meet certain criteria, some of the conditions are put together in the legislative framework we are talking about.

“For instance if an international NGO or development partner whether state owned or private, when I said state owned like USAID, DFID then private ones like Bill and Melinda Gates and others, if they are bringing in funds or equipment for the purposes of providing services in this country, there should be provision for them to take advantage of waivers for instance, things like that must be coordinated, the conditions must be spelt out in the law book.”

Despite the tense build up, the public hearing went on as usual as the Speaker, Honourable Yakubu Dogara declared the gathering open.

The Speaker, hailed civil societies and non-governmental organisations for the importance they attached to the bill and the critical role they play in a national development, democratic growth and promotion of the well-being of the citizens.

He also urged the public not to be apprehensive of opinion made in the House during debates on any Bill, saying that the lawmakers would always have allow the input of the citizens at the public hearing stage.

According to him, public hearings are the second avenues for civil society organisation members to make their inputs to the proposed legislation which he said is being put together to guide operations of NGOs in Nigeria. He urged the civil society to utilise the platform to highlight areas of concern for consideration.

Speaker Dogara said: “We are fully aware that NGOs and CSOs constitute one of the formidable platforms for public participation in governance. NGOs and CSOs are involved in diverse fields; they are involved in poverty reduction, human rights, anti-environmental and domestic violence, anti-corruption, HIV/AIDs and other socio-political projects and programmes.

“Generally, NGOs and CSOs are independent organisations and to a large extent, their work is voluntary and they are also non-profit-making.

It is, therefore, obvious that in a democracy where the focal point is the general well-being of the people, the role of NGOs and CSOs cannot be over-emphasised. It is therefore not surprising that the Bill on Regulation of NGOs has generated a lot of public interest recently. It is our expectation that this interest will be manifested at today’s hearing, not only in impressive attendance but in the quality of contributions.”

Leaders of the CSOs at the public hearing kicked against the regulatory bill and insisted that the House should consign it to thedustbin of history. The Bishop of Sokoto Diocese of the Catholic Church, Mathew Hassan Kukah, who joined that protesting CSOs warned the House not to allow the existing suspicion of citizens about the bill to escalate. He added that there were already enough laws in the polity guiding activities of the NGOs.

He however advised the lawmakers to direct their attention and energy at the bureaucracy that is malfunctioning to put things right. He said: “I stand with the Civil Society Organisations (CSOs). We don’t want anything that will muzzle them, because without the CSOs, democracy will be in danger. We have enough laws already; as a priest, if I fall short of the law treat me as a thief, and not as a priest.”

The Policy and Advocacy Centre (PLAC) represented by Mr. Clement Nwankwo described the bill as having “several worrying aspects,” adding that the bill failed to acknowledge the existing legal regime under which NGOs operate, which he listed as including constitutional provisions and part C (Incorporated Trustees) of the Companies and Allied Matters Act.

Other CSOs, including Amnesty International (Nigeria), Transition Monitoring Group (TMG), Resource Centre for Human Rights and Civic Education among several other stakeholders submitted papers that rejected the planned bill.

Executive Director of Socio-economic Rights Advocacy Project (SERAP), Mr Adetokumbo Mumuni and Dr. Abiola- Akiyode Afolabi of Women Advocates Research and Documentation Centre (WARDC) also made submissions rejecting the bill as they called on the House of Representatives not to do anything that would hinder activities of NGOs in the performance of their humanitarian services.

Surprisingly, an agency of government, the Ministry of Budget and National Planning, represented by Mr. Samuel Eloho also rallied against the bill as the ministry submitted that the bill would amount to a duplication of the functions of an already existing government agency.

The bill was also opposed by organisations including the National Human Rights Commission, Action Aid, Faith Based Organisations (FBOs), as well as Community Based Organisations (CBOs), who all declared that they would not want to partake of the NGO regulatory commission, which could be set up the bill scales legislative scrutiny.

According to the stakeholders, there are many agencies already performing the functions of the proposed NGO regulatory commission in the country.

Chairman of the Committee on Civil Societies and Development Partners, Hon. Akpatason, however, assured the stakeholders that the House would x-ray their submissions and report its findings to the House in plenary. He assured that the committee would be fair and just by presenting all sides of the views expressed at the public hearing in its report to the House, adding that the committee has no predetermined position on the bill.

With the preponderance of opinions nailing the bill to the cross, it would indeed take a miracle to see it scale the legislative huddle.