NGO update on NGO Act Amendment Bill 2018

PREAMBLE

The Council for NGOs in Malawi as an umbrella body for all NGOs since 1985 has learnt with dismay the ambush by Government in a hurried process to have the NGO Act amended having gazetted the Amendment Act, 2018 on 9th November 2018 and is already appearing on Order Papers. CONGOMA and the NGO sector learnt about it through social media on 15 November 2018. According to the intent and objects of the Amendment Act, it is stipulated that it seeks to promote freedom of association as enshrined in Section 32 of the Republican  Constitution; remove the requirement for mandatory double registration; and enhance the role of the NGO Board (proposed to be NGO Authority) in the oversight and regulation of NGOs in Malawi. However, a critical analysis of the proposed provisions of the amendment reveals that the Amendment Act is largely aimed at control, amassing of power by the State over NGOs and restricting the civic space in Malawi.

OUR SPECIFIC OBSERVATIONS

CONGOMA observes that:

  • There has been no consultation with CONGOMA and NGOs on the amendments which is inconsistent with S96 (2) of the Republican Constitution.
  • The amendments are meant to completely close civic policy space which is undemocratic and not in the national interest. For example, the proposed NGO authority will both regulate NGOs; coordinate them and represent NGO interests, which makes the NGO sector a de-facto Government Department with no activism.
  • The proposed NGO Authority has sweeping powers to de-register any NGO without any checks and balances and reports only to the cabinet Minister responsible for NGOs.
  • The amendment Act is arbitrarily preventing CONGOMA, a registered Trust from performing its registered mandate as the Amendment deliberately grabs CONGOMA’s registered functions and transfers them to the proposed NGO Authority. The mandate of CONGOMA was derived from its member NGOs in 1985, way before the NGO Act 2000 came into existence.
  • Most of the amendments are overly broad, vague, incomplete and unreasonable which make the amendment Act a bad law. For example, any contravention of the Act will be criminalized with hefty fines in excess of MK15 million for Trustees / Directors of the NGO concerned. This is a departure from the prevailing MK 50 thousand fine in the NGO Act 2000.

 

WHAT CONGOMA HAS DONE OR IS DOING MOVING FORWARD

In view of the concerns above, CONGOMA has taken and continues to take the following steps:

  1. CONGOMA co-hosted a selection of NGOs into a planning and strategy meeting on Tuesday, 20th November 2018 in Lilongwe to discuss the said Amendment Act together with the Human Rights Defenders Coalition (HRDC).
  2. CONGOMA engaged the Minister and Principal Secretary for Gender, Children, Disability and Social Welfare on Tuesday 20 November 2018 in Lilongwe and expressed its concerns on the amendment Act.
  3. CONGOMA has submitted in writing its concerns to the Minister of Gender, Children, disability and Social Welfare but has not been responded to except for an acknowledgement of our submission.
  4. CONGOMA and Human Rights Defenders Coalition (HRDC) engaged the Speaker of National Assembly on Wednesday, 21 November in Lilongwe on the concerns.
  5. CONGOMA and Human Rights Defenders Coalition (HRDC) have since petitioned the Speaker on Thursday 22 November 2018 on the NGOs concerns.
  6. CONGOMA and HRDC have reached out to several Members of Parliament with the concerns NGOs have on the proposed amendment and asked them to support the NGO cause.
  7. CONGOMA continues to reach out to various Leaders of Political Parties both in Government and Opposition with our concerns.
  8. CONGOMA is in constant touch with its legal Counsel for advice and support on the issue.
  9. CONGOMA is looking forward to the Annual General Meeting slated for Thursday 13 December 2018 at Crosssroads hotel in Lilongwe for NGOs to provide more input into the issue of NGO Act Amendment.
  10. In general, CONGOMA is planning for the future in case of any eventuality from the Act amendment process.

OUR PLEA

  1. CONGOMA pleads with the Authorities to withdraw the Bill and embark on genuine consultations with CONGOMA, NGOs and other stakeholders on what should change in the NGO Act because in a democracy NGOs cannot accept to be dictated by the State machinery on what should be amended without NGO input.
  2. CONGOMA calls upon Parliament to refuse to debate the NGO Amendment Bill because it does not meet the criteria of consultations with key stakeholders and is targeted at grabbing mandates of other legally registered institutions and is a thorn in our democracy.
  3. CONGOMA calls upon NGOs to unite and fight this Amendment Bill until it falls because it is not friendly; against transparency and accountability of the State and a ‘death trap’ for NGOs.
  4. CONGOMA calls upon NGO leaders to call upon their Members of Parliament and lobby them to be counted in supporting the NGO stand on the amendment Bill because the amendments are not in the national interest.

CONCLUSION

CONGOMA would like to end by saying that the issue of NGO Act is at the centre of existence and survival of NGOs as they serve the people of Malawi. As such, amendments like these being proposed should not be allowed to thrive in a democracy. If Government is well meaning with this amendment, it will accommodate our views. CONGOMA promises to fight for the space of NGOs in Malawi and in addition, we urge all Malawians who love their country to stand guard against State machinations that close out citizen voice.

Signed

Steven Duwa

CHAIRPERSON

 

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