Kenyan civil society groups are planning to hold another round of sit-ins and other public protests after the government refused to withdraw an amendment to the Public Benefits Organisations Act of 2013. Civil activists demonstrate November 21st outside parliament over two recent bills they say will curb hard-won freedoms, muzzle government critics and undermine democracy. [Tony Karumba/AFP] Civil activists demonstrate November 21st outside parliament over two recent bills they say will curb hard-won freedoms, muzzle government critics and undermine democracy. [Tony Karumba/AFP] Related Articles Kenyan parliament blocks NGO bill, passes media bill Kenyan civil society organisations express concern over media bill Kenya poaching crisis a national disaster The proposed amendment caps non-governmental organisations (NGOs) funding from foreign donors at 15% and would place civil society groups under an umbrella body, the Federation of Public Benefits Organisations, which would control their funding. Protesters furious over the proposed amendment, which they say risks undermining democracy, marched through the streets of Nairobi Thursday (November 21st) and presented a petition of several thousand names to lawmakers. Civil society groups say they may even stage a hunger strike and hold other demonstrations at Uhuru Park on December 12th, when Kenya celebrates Jamhuri Day, according to Ken Wafula, the NGO leader spearheading opposition to the bill. But if that will not move the government and parliament and the law is enacted, then we will go to court to seek it be declared unconstitutional, said Wafula, president of the National Association of Human Rights Activists and former chairman of the Non-Governmental Organisation Council. The amendment seeks to change the law in ways that would have far-reaching and negative implications for Kenyas non-governmental sector by giving the state control over NGOs deemed critical of the government, Wafula said. We are concerned that these are attempts by government to cut foreign funding for NGOs in the country, thus crippling our operations, he told Sabahi, adding that 90% of funding for Kenyan NGOs comes from external sources. It is also not possible for an organisation to write concepts and proposals, secure funding for their projects, and then surrender the money to a third party organisation that has no idea what the project is all about, he said, alluding to the proposed umbrella federation. Implications for NGOs The proposed change to the law governing NGOs comes on the heels of a controversial Kenyan media bill that could see journalists and media outlets policed by a special quasi-government body and slapped with huge fines or potentially forced out of business if they violate a code of conduct. The bill received widespread criticism from Kenyan journalists and international press freedom groups, prompting President Uhuru Kenyatta to refuse to sign it, sending it back to lawmakers for further deliberations. Both the media and NGOs have been at the centre of this fight... Many people still fear the system, even if there is a constitution that protects their rights, Morris Odhiambo, president of the National Civil Society Congress (NCSC), told AFP. Ndungu Wainaina, executive director of the International Centre for Policy and Conflict, said the proposal to restrict the programming and funding of NGOs was aimed at creating a hostile environment for civil society groups. It is a political strategy by the current regime to decapitate, control, and repress civic expression and agency, Wainaina told Sabahi. A progressive legal and regulatory framework is key to civil society contributing actively to a nations robust socio-political and economic growth, he said. But restrictive laws like the one being crafted by our government indicate a horrifying return of autocratic practices retarding the democratisation progress, he said. Suba Churchill, national co-ordinator of the National Civil Society Congress, said the proposed amendment would increase suspicion between the government and non-governmental groups. If the proposed law is enacted, all the local and international non-governmental organisations, which now the new law calls public organisations, will all be required to register afresh, where they will be subjected to more vetting and this [has] brought lots of anxiety, Churchill told Sabahi. In its manifesto, the Jubilee Coalition had vowed to introduce a Charities Act to regulate political campaigning by NGOs, he said, adding that an amended law could be used to restrict NGOs, especially those championing increased democratic space for citizens and those in opposition to the ruling party. The law might also be used to bar NGOs in public interest litigation and advocacy, he said. Government responds Kenyas Secretary for Devolution and Planning Anne Waiguru published the bill and the amendment in question October 30th. The bill went through its first reading in the National Assembly on November 13th. If adopted by the Kenyan legislature, it would be sent to President Uhuru Kenyatta for his signature. But during demonstrations on Thursday, protestors said that if the bill is signed into law, some of Kenyas poorest citizens would be left without basic support, using Nairobis crowded slum districts of Mathare and Kibera as examples. Who built the toilets in Mathare? NGOs. Who built the toilets in Kibera? NGOs, the crowd of around a hundred chanted, according to AFP. Say no to government control on media and NGOs, one placard read. When asked to respond to the criticism of the bill, Waiguru defended the proposed amendment, saying it aims to streamline the activities of non-governmental organisations, not stifle them. Waiguru said the proposed change was good for the sector because it would introduce best practices that would instil a spirit of accountability, transparency and voluntarism in NGO operations. We are not cutting foreign funding for the organisation, we are only limiting funding not to exceed to 15%, but instead the government plans to provide funding for the registered organisation so the programmes can get ownership, she told Sabahi.
Posted on: Tue, 11 Nov 2014 18:06:38 +0000
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