A Voice For the Voiceless

MISSION

The Advocacy Project seeks to help community-based advocates produce, disseminate and use information, and so become more effective advocates for human rights and social justice

Appeal for International Support

By Dr. Gopal Krishna Siwakoti
Defend Human Rights Movement-Nepal
Part of the NGO Federation of Nepal
 
Dear Friends & Colleagues:
 
On behalf of the NGO Federation of Nepal, I would like to draw your immediate attention to the “NGO Code of Conduct”, as you may know; the unconstitutional regime of Nepal has promulgated on November 11, 2005, after the amendment of the Social Welfare Council Act-2049.
 
The motive behind the amendment of the NGO legislation and the recent promulgation of the Code of Conduct is to control and suppress the dissenting political voice of NGOs and civil society organizations in the wake of the Royal proclamation of February 1, 2005. The Code of Conduct completely shutters the ‘political space’ for the frontline Civil Society Organizations that are ceaselessly fighting for the restoration of fundamental freedoms and democratic policy.

The regime has created direct obstructions to the NGOs jurisdiction by barring voluntary organizations and associations into organizing themselves for advocacy, lobbying, campaign, and information dissemination.
 
With the promulgation of the Code of Conduct, NGOs now are restricted from functioning independently as autonomous entities except for the GONGOs (government sponsored non-governmental organizations) under the present undemocratic and authoritarian regime. We believe that political freedom is a prerequisite to operate any voluntary sector without state's dictation and encroachment to its universally recognized jurisdiction. 

The so-called Code of Conduct introduced by the Royal regime is unacceptable and unconstitutional. In the 21st century, the unlawful act of this regime has pushed the citizens’ freedom and liberty back to the medieval era. The Code of Conduct snatches the sovereignty of NGOs that are working under exceptionally difficult circumstances for citizens' rights and peace amidst armed conflict.
 
It is now obvious that the government is using its power to discourage popular participation in every sphere of nation building. In other words, the Code of Conduct, in the name of regulating NGOs has made provisions to halt all civil society activities that are in contradiction to the regime's authoritarian political doctrine.
 
The Code of Conduct has violated all fundamental freedoms of citizens as enshrined in international human rights law and the provisions of the Nepali Constitution of 1990. With the enforcement of the Code of Conduct, the right to information, freedom of association and expression as well as the rights of the human rights defenders will be severely curtailed. NGOs will loose their universally established distinct independent status. The provision of the Code of Conduct has stringent measures asking all NGOs to act in full compliance with the state's programs, policies, activities and codes. In other word, the entire essence and motive of the government is to demean all NGO activities as well as constantly intimidate them by involuntarily bringing them within the government’s radar screen.
 
According to the Code of Conduct, activities that are construed as ‘political’ by the Social Welfare Council can cause an organization to lose its legal status. This is a great paradox in a democratic society not to utter about politics where the state has ratified the International Covenant on Civil and Political Rights, and the Constitution guarantees political rights to all citizens as fundamental civil liberties. This is a double jeopardy and a blatant mockery of the rule of law.
 
The regime has demonstrated its artificial 'need' to regulate NGO activities to synchronize its political agenda. The civil society has been abruptly pushed up to the edge after the February 1 often phrasing the rights groups, media and the law professionals- both national and international-as the hostile elements. The incredibly brave and consistently meticulous work to underscore human rights violations in the global arena has caused unprecedented nervousness to the regime. The regime is exploring all legal or illegal means to discredit, suppress and ultimately outlaw the articulate NGOs and the Code of Conduct is the double-edged weapon to crush rising voices of dissidence.
 
The NGO Federation of Nepal, an alliance of more than 2,600 NGOs actively working in Nepal, have rejected the Code of Conduct and has appealed to all sections of society to follow this action. There is a little hope that in the current extremely adversarial political climate there is any room available to seek justice from any domestic avenues. Thus, the united, concerned support and solidarity from the international community is vital to assist NGOs in Nepal to defy the Code of Conduct thereby to create an enabling environment for the Civil Society Organizations to pursue the cause for the restoration of democracy and civil liberties.
 
Please send your immediate response/concerns through fax, phone, e-mail or letter to the following:
 
His Majesty the King Gyanendra Bir Bikram Shah
Chairman
Council of Ministers
His Majesty's Government of Nepal
Narayanhiti Royal Palace
Kathmandu, Nepal
Tel: 977-1-4227577 (hunting line) 977-1-4228085
Fax: 977-1-4228688/4240187
 
Honorable Mr. Dan Bahadur Shahi
Home Minister
Ministry of Home
His Majesty's Government of Nepal
Singadurbar, Kathmandu, Nepal
Tel:977-1-4224737
Fax: 977-1-4225156
Email: homehmg@wlink.com.np
 
Hon'ble  Durga Shrestha
Minister for Women, Children and Social Welfare
His Majesty's Government of Nepal
Singhdurbar, Kathmandu, Nepal
Tel: 977-1-4241465
Fax: 977-1-4241516
E-mail: mwcsw@ntc.net.np
 
Thank you very much for your urgent attention.
 
Sincerely yours,
 
Dr. Gopal Krishna Siwakoti
Defend Human Rights Movement-Nepal
(Formerly known as a group of 25 Human Rights Organizations)
Kathmandu, Nepal