Activities of INGOs in Pakistan are viewed suspiciously by a majority of Pakistanis. We are very happy to have these INGOs help us in times of calamity or to provide us with clean drinking water or set up schools for us, but we remain critical of their alleged “hidden agenda”. The INGOs too surprisingly insist on staying and helping people in Pakistan despite the security risks and the critical welcome they face from the common man.
The situation surrounding INGOs in Pakistan suddenly gained national and international media coverage when the offices of Save the Children were sealed in Islamabad in June last year. Save the Children was also asked to wind up its operations in Pakistan within 15 days and its expats asked to exit Pakistan. Officially, the reason cited for the closure of the INGO was “anti-state activities”, but unofficially there was talk of Save the Children having hired Shakil Afridi at the behest of the CIA in tracking down Osama Bin Laden. The closure of the offices of Save the Children followed an intense media coverage for almost two weeks after which the authorities unsealed the office. It is assumed that the authorities must have faced substantial pressure to re-open it.
Then, there was talk of strict legislation for regulating the INGOs. In the past, it was the Economic Affairs Division (EAD) of the government of Pakistan which handled matters of registering and regulating INGOs. But for quite some time, even before the sealing of the offices of Save the Children, the EAD had been reluctant in registering any new INGOs. There had been talk of legislation which would regulate the registration and conduct of the INGOs in the country. Even before Save the Children made headlines, a draft legislation titled the Foreign Contributions Act of 2014 had been put together and was available online. However, in a surprise move, the Interior Minister and not the EAD appeared to be addressing the issue. Towards the end of the year 2015, reports surfaced that the Ministry of Interior would now be in charge of registering INGOs and that the ministry was putting together an MoU which would be signed with INGOs who fulfilled certain criteria. The ministry created a dedicated website on which it placed that MoU, a checklist of documents which were required to be filed by INGOs, and a cutoff date for providing these documents.
The first dilemma that the INGO issue involves is that the Ministry of Interior has absolute discretion in allowing or refusing INGOs, without being accountable for the reasons for doing so. Once signed, the provisions of the MoU appear to provide a very strict check on the activities of the organizations. They are required to seek the permission of the ministry for everything from raising funds to providing assistance to local or international organizations. Any violation of the provisions of the MoU are to result in a termination of the registration and the exit of the INGO from Pakistan. In the event of any such termination, no legal recourse is available to the INGOs.
The Foreign Contributions Act of 2014 is a comprehensive piece of legislation which while keeping a strict check on the INGOs also provided the INGOs with legal rights. It also allowed the public at large to approach a court of law against any INGO. Legislation is always a better option as opposed to an authoritarian approach. Legislation ensures that the interests and concerns of the public who have appointed representatives to the legislature are heard and given due weightage when dealing with any matter of national interest. Sealing and unsealing of INGO offices should be regulated by law and not by a single government organization which can be influenced. The people have a right to know the reasons behind an INGO being allowed to stay in Pakistan or told to leave.
In compiling this article, I spoke with various INGOs based in Islamabad. The common problem that the INGOs are facing has been a “sadistic approach” by government departments when issuing visas and NOCs. Expats of the INGOs intending to visit Pakistan are made to wait for 3-4 months for issuance of visas while their visa applications are scrutinized by the Ministry of Interior, Ministry of Foreign Affairs and intelligence agencies. According to the INGOs, the common approach of the Government of Pakistan in handling visas and NOCs applications is to deliberately make the INGOs wait and to prolong the process as much as possible. In most cases, the expat loses interest and decides not to visit Pakistan. It cannot be that our government departments are so incompetent that it takes us 4 months to scrutinize a single visa application whereas visit visas and business visas to foreigners otherwise are issued at the drop of a hat. The people affected by this delay are of course the people whom the assistance is intended for. Legislation such as the Foreign Contributions Act would have ensured a transparent process of visa applications.
The Ministry of Interior’s website for INGO registration says that a total of 130 INGOs have applied for registration, but that only 37 INGOs have been issued the MoU so far. INGOs that have not been registered are in a more precarious position. People that I have spoken with and who work in these INGOs are worried about their future, foreign funding for these INGOs too is dependent on issuance of the MoU, thus their future hangs in the balance. The checklist of documents provided on the Ministry of Interior’s website cites some 15 documents which are required for registration. This checklist requires that INGOs provide tax returns, staff details, details of registration in the country of origin, funding details, proof of continued funding etc. Despite having provided these documents to the Ministry of Interior, the 93 or so remaining INGOs do not know whether they will be registered or not, nor are they told as to which department is actually scrutinizing their documents.
The second dilemma that the INGO issue involves is that whereas INGOs are required to register with the Ministry of Interior, not all entities involved in foreign funding are being mandated by law to register with the Ministry of Interior. The USAID which accounts for a significant portion of foreign funding in the aid and development sector is unaudited and not regulated by any law in Pakistan. The USAID itself has strict rules and policies on the funding it provides to Pakistan but Pakistan has no legislation in place which marks any check and balance on the accountability of this funding. Similarly madrasas receiving funding from abroad are not being registered under any law which would could investigate or audit the funds these organizations receive.
Various countries throughout the world, including India, have enacted laws for the regulation of INGOs and foreign funding and to effectively monitor the same. These laws provide legal rights to the INGOs and other organizations and at the same time make them answerable to the public at large. We need to understand that there has always been a significant amount of money coming in to Pakistan in the name of aid and development, legislation would ensure that the common man should have rights which ensure that this money is indeed being spent on his welfare.
The writer is a practicing advocate of the High Court of Pakistan
Email: yousaf@yaa.com.pk
The situation surrounding INGOs in Pakistan suddenly gained national and international media coverage when the offices of Save the Children were sealed in Islamabad in June last year. Save the Children was also asked to wind up its operations in Pakistan within 15 days and its expats asked to exit Pakistan. Officially, the reason cited for the closure of the INGO was “anti-state activities”, but unofficially there was talk of Save the Children having hired Shakil Afridi at the behest of the CIA in tracking down Osama Bin Laden. The closure of the offices of Save the Children followed an intense media coverage for almost two weeks after which the authorities unsealed the office. It is assumed that the authorities must have faced substantial pressure to re-open it.
The problem was highlighted after the offices of Save the Children were sealed last year
Then, there was talk of strict legislation for regulating the INGOs. In the past, it was the Economic Affairs Division (EAD) of the government of Pakistan which handled matters of registering and regulating INGOs. But for quite some time, even before the sealing of the offices of Save the Children, the EAD had been reluctant in registering any new INGOs. There had been talk of legislation which would regulate the registration and conduct of the INGOs in the country. Even before Save the Children made headlines, a draft legislation titled the Foreign Contributions Act of 2014 had been put together and was available online. However, in a surprise move, the Interior Minister and not the EAD appeared to be addressing the issue. Towards the end of the year 2015, reports surfaced that the Ministry of Interior would now be in charge of registering INGOs and that the ministry was putting together an MoU which would be signed with INGOs who fulfilled certain criteria. The ministry created a dedicated website on which it placed that MoU, a checklist of documents which were required to be filed by INGOs, and a cutoff date for providing these documents.
The first dilemma that the INGO issue involves is that the Ministry of Interior has absolute discretion in allowing or refusing INGOs, without being accountable for the reasons for doing so. Once signed, the provisions of the MoU appear to provide a very strict check on the activities of the organizations. They are required to seek the permission of the ministry for everything from raising funds to providing assistance to local or international organizations. Any violation of the provisions of the MoU are to result in a termination of the registration and the exit of the INGO from Pakistan. In the event of any such termination, no legal recourse is available to the INGOs.
The Foreign Contributions Act of 2014 is a comprehensive piece of legislation which while keeping a strict check on the INGOs also provided the INGOs with legal rights. It also allowed the public at large to approach a court of law against any INGO. Legislation is always a better option as opposed to an authoritarian approach. Legislation ensures that the interests and concerns of the public who have appointed representatives to the legislature are heard and given due weightage when dealing with any matter of national interest. Sealing and unsealing of INGO offices should be regulated by law and not by a single government organization which can be influenced. The people have a right to know the reasons behind an INGO being allowed to stay in Pakistan or told to leave.
In compiling this article, I spoke with various INGOs based in Islamabad. The common problem that the INGOs are facing has been a “sadistic approach” by government departments when issuing visas and NOCs. Expats of the INGOs intending to visit Pakistan are made to wait for 3-4 months for issuance of visas while their visa applications are scrutinized by the Ministry of Interior, Ministry of Foreign Affairs and intelligence agencies. According to the INGOs, the common approach of the Government of Pakistan in handling visas and NOCs applications is to deliberately make the INGOs wait and to prolong the process as much as possible. In most cases, the expat loses interest and decides not to visit Pakistan. It cannot be that our government departments are so incompetent that it takes us 4 months to scrutinize a single visa application whereas visit visas and business visas to foreigners otherwise are issued at the drop of a hat. The people affected by this delay are of course the people whom the assistance is intended for. Legislation such as the Foreign Contributions Act would have ensured a transparent process of visa applications.
The Ministry of Interior’s website for INGO registration says that a total of 130 INGOs have applied for registration, but that only 37 INGOs have been issued the MoU so far. INGOs that have not been registered are in a more precarious position. People that I have spoken with and who work in these INGOs are worried about their future, foreign funding for these INGOs too is dependent on issuance of the MoU, thus their future hangs in the balance. The checklist of documents provided on the Ministry of Interior’s website cites some 15 documents which are required for registration. This checklist requires that INGOs provide tax returns, staff details, details of registration in the country of origin, funding details, proof of continued funding etc. Despite having provided these documents to the Ministry of Interior, the 93 or so remaining INGOs do not know whether they will be registered or not, nor are they told as to which department is actually scrutinizing their documents.
The second dilemma that the INGO issue involves is that whereas INGOs are required to register with the Ministry of Interior, not all entities involved in foreign funding are being mandated by law to register with the Ministry of Interior. The USAID which accounts for a significant portion of foreign funding in the aid and development sector is unaudited and not regulated by any law in Pakistan. The USAID itself has strict rules and policies on the funding it provides to Pakistan but Pakistan has no legislation in place which marks any check and balance on the accountability of this funding. Similarly madrasas receiving funding from abroad are not being registered under any law which would could investigate or audit the funds these organizations receive.
Various countries throughout the world, including India, have enacted laws for the regulation of INGOs and foreign funding and to effectively monitor the same. These laws provide legal rights to the INGOs and other organizations and at the same time make them answerable to the public at large. We need to understand that there has always been a significant amount of money coming in to Pakistan in the name of aid and development, legislation would ensure that the common man should have rights which ensure that this money is indeed being spent on his welfare.
The writer is a practicing advocate of the High Court of Pakistan
Email: yousaf@yaa.com.pk