Global Policy Forum

Some governments use NGO framework laws as a subtle way to restrict democracy, human rights and civil society groups in lieu of more direct repression. This report exposes a trend in 2008 where governments limit and control foreign funding for NGOs. Regardless of alleged justifications, such as preventing terrorist financing, these rules can threaten the existence and independence of NGOs. Russia has established a "white list" with certain foreign organizations that can give donations that are tax exempt. This illustrates how governments use the sophisticated method of creating tax incentives to control the funding sources of NGOs. Governments that try to cut costs because of the economic crisis could also be tempted to reduce the positive tax incentives to donate to NGOs, as is the case with the US stimulus plan. (International Centre for Not-For-Profit Law)

This International Center for Not-for-Profit Law (ICNL) report looks at the dangers facing NGO activists, such as imprisonment, disappearances and "quasi-legal" obstacles like barriers of entry. Governments often justify their infringements on NGOs as attempts to enhance NGOs' "accountability" and "transparency." The report looks at international norms and conventions that protect NGOs from government intrusion, such as the right to operate free from unwarranted state interference. The ICNL calls upon international organizations and governments to monitor the enforcement of these principles in order to ensure safe conditions for NGO workers.

According to this article, the NGO movement has stepped up efforts to dispel the perception many have of NGOs as "dubious do-gooders" with no significant influence. The director general of Inter Press Service argues that NGOs have more courage than politicians to strengthen democracy. While a few governments have embraced NGO initiatives to increase citizen participation in policymaking, others still try to undermine NGOs. (TerraViva)

In this essay, Sociologist Saskia Sassen discusses the "incipient unbundling of the exclusive authority" of the state. She cites the proliferation of NGO's and the internet as two examples of the new power.

A large portion of international aid resources for Afghanistan go to Provincial Reconstruction Teams (PRT). These teams carry out development aid in spite of only being mandated to improve security and are led by foreign military forces. In such operations, US, Spanish and French forces use white unmarked vehicles, which humanitarian organizations conventionally use, even though international humanitarian law requires that combatants distinguish themselves from civilians in conflict. Countries that direct resources to PRTs undermine the development of governance and civil society. The indistinguishable link between military and aid projects has resulted in attacks against NGO workers as well as the military aid projects.(ReliefWeb)

This Nigerian Guardian article describes the predictable effects of Sudan's decision to expel 13 major humanitarian organizations from Darfur, which will deprive millions of persons of potable water, healthcare and food. The decision was announced shortly after the International Criminal Court (ICC) issued an arrest warrant for Sudanese President Omar al-Bashir. A Sudan expert says this was not surprising given the government's previous treatment of NGOs in Darfur.

The UN Security Council (SC) held a meeting to discuss a proposed statement condemning the decision of Sudan to expel 13 humanitarian organizations from Darfur. However, the permanent members clashed over a reference to the possible suspension of the decision by the International Criminal Court to indict Sudanese President Omar al-Bashir. In the end, the SC failed to condemn the expulsion all together. The African Union and the Arab League are expected to request the SC to defer the indictment for one year, which according to the Libyan SC President would "calm the situation"? (New York Times)

The government of Myanmar has granted better access for NGOs into areas affected by cyclone Nargis than before the catastrophe in 2008. The Tripartite Core Group, which consists of the Myanmar government, the Association of Southeast Asian Nations (ASEAN) and the UN, has negotiated the conditions that govern NGO access. Will the government of Myanmar continue this policy and apply it in other areas of the country after the Tripartite Core Group ceases to exist? If so, this might prove to be a method for handling future humanitarian disasters. (Integrated Regional Information Networks)

Many countries place restrictive laws on NGOs to limit their activities and citizens working to improve human rights in different countries are harassed by governments. The author suggests that NGOs and other actors should monitor government actions, educate governments and NGOs about how to cooperate, as well take legal action at an international level against governments when they violate the rights of NGOs. (CIVICUS)

On June 3 2008, the government of Zimbabwe banned non-governmental organizations from working in the country. Three months later, the government permitted NGOs that work with humanitarian food aid to enter the country. But, the government accuses many NGOs of cooperating with the opposition and has said it will keep them under strict surveillance. (Integrated Regional Information Networks)

Zimbabwe's government suspended all non-governmental organizations' activity in the country, accusing the groups of siding with the opposition party. Aid workers say the ruling party is ensuring that there are no witnesses to its campaign of intimidation, aimed at weakening the opposition party before the presidential elections. Relief agencies estimate that the measures will deprive two million people of food aid and other basic assistance. (New York Times)

The Arab Non-Governmental Organization Network for Development urges Arab NGOs to demand a bigger role in monitoring how their governments use international aid funds. A "part of any aid should go directly to civil societies" argues Abulnabi Al Ekry the Bahraini representative for the NGO Network, noting that this is not the case in many countries. Al Ekry stresses the need for independent bodies to monitor the distribution and allocation of aid money in order to ensure effective spending and avoid governmental misuse of funds. (Gulf Daily News)

This article argues that the US government has undermined charity work through a tactic of guilt by association to target NGOs it suspects finance terrorism. US law criminalizes organizations that provide support for specially designated terrorists; yet federal statutes do not define this term. Therefore, the government may freeze the operations of whichever organizations it chooses, and treats these NGOs as guilty until they prove their innocence. (Inter Press Service)

NGOs across the developing world unite scattered individuals to pressure for tangible government reform. In Rwanda, for example, NGOs have helped spread democratic principles in the wake of conflict. This article describes how groups traditionally skeptical of non-state organizations, like Muslim communities of the Middle East and Sub-Saharan Africa, are engaging in pro-democracy activism thanks to the mediation of NGOs. (New Times)

There are numerous NGOs in urban areas in China, but none can acquire non-profit status due to the lack of a legal framework. Without access to domestic funding, Chinese NGOs must rely on international aid. But as the Chinese economy develops, donor countries and foundations are decreasing their financial support. The absence of NGO help during the heavy 2008 snow storms in Southern China is a tragic consequence. This article by the executive director of Global Links Initiative looks to the emerging class of new rich Chinese philanthropists to remedy the domestic funding dilemma. (Policy Innovations)

NGOs and foreign charities provide 85 percent of services in Haiti. No wonder, argues political activist Patrick Elie in Dominion, that NGOs slowly remove all the flesh from the state. In a country brutalized by successive coups and grinding poverty, foreign aid institutions control the machinery that should be in the hands of the state. Elie concludes a plague of NGOs has eroded Haitian sovereignty.

US counterterrorism policies have placed severe restrictions on the NGO sector, with the Treasury freezing funds of NGOs with Islamic links. The FBI has used anti-terrorism resources to track groups that object to the government's policies and courts have closed NGOs after one-sided hearings. However, NGOs can push for positive reform. NGOs should collectively pressure the administration to use the frozen funds for charitable purposes and oversee non profits according to transparent rules, the author urges. (International Journal of Not-for-Profit Law)

This Mail & Guardian article argues that some governments use regulatory constraints on NGOs in order to achieve political ends. The author states that governments will often applaud NGOs when they provide humanitarian services but then condemn or restrict them when they advocate for improved policies and "demand accountability from the state." The Zambian government, for example, has introduced a bill that would give the government authority over the NGO sector.

This AlertNet opinion piece points out the dilemma that arises when NGOs appear to compete with the governments of poor countries. The author argues that, by dominating the delivery of social services “widely considered the government's responsibility“ NGOs risk "creating a negligent state." The article highlights the need for countries to coordinate with the NGO sector so as to provide the best assistance to those who need it most.

Chinese law bans social groups like migrant laborers and laid-off workers from forming NGOs. Government officials also disband NGOs they claim duplicate the work of others. Disabled people, for example, cannot form NGOs because of a government-initiated Disabled Persons' Federation, even though a number of families in this study feel the Federation does not represent their interests. When individuals criticize restrictions on NGOs, the government appeases them with pay or silences them with threats. This paper argues that the state-society relationship in China wrecks the social utility of NGOs. (University of Nottingham China Policy Institute)

This essay describes how NGOs sometimes serve as tools for US geopolitical interests. By mobilizing support for government change, NGOs can provide a more legitimate means for the US government to directly support the opposition in a country. Examples from Georgia, Ukraine and Kyrgyzstan illustrate how NGOs can organize protests that receive much media attention and lead to changes in government. But, in countries such as Uzbekistan and Azerbaijan, NGOs do not receive the same support by the US, since their governments are more loyal to US government interests. (openDemocracy)

Several foreign NGOs working in Russia, including Amnesty International and Human Rights Watch, had to discontinue their activities after failing to meet a registration deadline. The cumbersome process included demands for NGOs to submit names, passport details and phone numbers of all Russian-based employees as well as a detailed work plan for 2007. Though Russia's President Vladimir Putin has defended the controversial NGO law as a matter of national security, it clearly demonstrates the Russian government's desire for control over such basic freedoms. (Reuters)

In June 2006, the Russian government imposed an October 18, 2006 deadline for all foreign NGOs operating in the country to 'reregister or close down'. The impending deadline has forced groups to divert a considerable amount of time and resources from their regular activities to the overly bureaucratic registration process. These new regulations reflect Moscow's attempts to clamp down on organizations which challenge its policies on human rights and press freedom. (Radio Free Europe/Radio Liberty)

This Wilton Park report delves into the challenges that grassroots organizations face in their efforts to promote government accountability and citizen participation. In their intertwined activities of advocacy, monitoring and providing services, NGOs often encounter government interference, unreasonable donor demands and questions about their own legitimacy. The report encourages NGOs to focus on attaining sustainable results and to not be diverted in their operations by such obstacles.

According to this openDemocracy article, the Russian government attempted to use the Civil G8 Forum and other NGO events to demonstrate the country's commitment to democracy and human rights. On the other hand, local NGOs used this occasion to express their recommendations and concerns about laws that limit their autonomy. Despite the flurry of activity during the 2006 G8 summit, the author concludes that the relationship between Russian NGOs and the government will not improve.

According to this Worldpress piece, some Eastern European governments respond too slowly, or not at all, to the needs of poor and underrepresented communities. The article suggests that Eastern Europe has consequently followed the US 'model' of social welfare in which NGOs provide key services that should fall under the mandate of the state. While sometimes effective in addressing the problems of the poor, NGOs usually cannot provide nearly the same level of social services as states can.

After meeting with President Vladimir Putin and several NGO leaders in the run up to the 2006 G8 Summit, Amnesty International urges the Russian leader to re-evaluate the country' implementation of laws regulating NGOs. Putin has rejected petitions to amend the laws, some of which restrict foreign funding to NGOs that criticize Moscow's human rights policies. This letter calls on Putin to demonstrate Russian's leadership role by actively engaging in efforts to establish a genuinely free and independent environment for NGOs.

Since Iran's President Mahmoud Ahmadinejad came to power in 2005, conservatives have tried to reverse the previous government's liberal trends by suppressing NGOs, journalists, women's groups and other activists. Iranian NGOs fear that the Ahmadinejad Administration seeks to create "counterfeit" NGOs that support the government's official viewpoints rather than voice society's interests. However, given the growing media focus on Iran, the government cannot use direct measures to control NGOs without attracting international criticism. (TerraViva)

Zimbabwe's Minister of Justice and Parliamentary Affairs, Patrick Chinamasa, berated local NGOs, charging that Western nations use them to cause political unrest "against the popularly elected government." A spokesman for the National Association of NGOs (NANGO) dismissed Chinamasa's scathing comments as unsubstantiated, saying that NGOs have stepped in to help the once-prosperous society where the government has failed. Formerly a member of the UN Human Rights Commission, Zimbabwe stands accused of human rights violations. (SW Radio Africa)

The NGO community in South Africa fears that Pretoria's threat to introduce laws to prevent whistleblowing will discourage NGOs from voicing their concerns about government policies. NGOs that actively lobby for policy change also tend to receive less funding than NGOs which only provide services. This TerraViva article draws attention to the limits that financing problems and conservative legislation can impose on NGOs' activities.

NGO representatives in Kenya complain that the government often does not consult with their groups beyond the primary stages of public policymaking. They charge that the government approaches NGOs to "rubberstamp what it has already decided on." Seeking to improve the democratic system, NGOs launched a campaign to educate citizens about a Nairobi-backed constitution, ultimately rejected, that would have given more power to the president. (TerraViva)

The UN General Assembly Special Session on HIV/AIDS (UNGASS) "has tested relations between government and civil society in South Africa," reports Inter Press Service. NGOs complain that, despite UN encouragement to do so, Pretoria did not incorporate their views in the report detailing their country's progress in fighting the pandemic. NGOs in South Africa also accuse the government of failing to acknowledge NGO efforts in the battle against AIDS as well as excluding the organizations from policymaking at the national level.

The nature of the relationship between NGOs and governments can limit NGO development initiatives, especially when governments view NGOs as their competitors. The author of this article rejects the notion that NGOs operating in Africa avoid political affiliations. He argues that while giving NGOs the opportunity to work in a country, establishing a good rapport with the local government also compromises the NGOs' accountability to the people they intend to help. (Arusha Times)

The New York Times reports that the Chinese government faces growing pressure from an increasing number of NGOs and civil society advocates. Although police still attempt to hinder NGO action, many Chinese authorities now recognize the limitation of government action in many areas and the value of NGOs' contribution. Chinese advocates stated that previously "if you raised issues, the government basically ignored you," but that "nowadays, there will be feedback."

NGOs are facing increased regulation by governments such as Russia and bodies such as the the European Commission. As governments increasingly rely on NGOs for information and analysis, they want to further regulate and monitor NGO activities that impact on decision making, as well as NGOs that have differing political objectives. Some NGOs choose to work with governments and participatory processes and funding has been established, however other NGOs express concern that such relationships compromise independence. (Epoch Times)

Russian President Vladimir Putin has signed a bill aimed at regulating the work of NGOs, in particular those that are focused on an independent media and freedom of the press. This coupled with the closing of two British and German NGOs in the Republic of Ingushetia (Russian territory) for engaging in unspecified "unlawful" activities signifies a worrying trend of state regulation over NGO operations. (Committee to Protect Journalists)

NGOs and states often have policy disagreements and some difficulty getting along. However, NGOs in Nagorno-Karabakh (NKR), in Eastern Europe, might welcome the challenge such a relationship may bring. However, NKR does not have international diplomatic recognition, thus severely limiting the resources of its "domestic" and "national" NGOs. (ArmeniaNow.com)