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.
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.
Read more https://nairalaw.com/when-csos-govt-agencies-put-ngo-regulatory-bill-to-the-cross/