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| National |
| NGOs uncomfortable with NGO law |
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by
Moses Michael Phiri, 22 June 2003
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15:16:07
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NGO Board chairman Jervase Chakumodzi was at the weekend taken to task by non-governmental organisations who accused the board and the NGO Act for being intimidatory and aiming at closing some NGOs.
Taking turns during the Council for non-governmental organisations (Congoma) annual general meeting (AGM), the NGOs accused some political figures of usurping the whole process of coming up with the law.
Civil Liberties Committee (Cilic) executive director Emmie Chanika told the delegates at the AGM that the NGO Act was supposed to regulate the organizations and not to help any politician find a loophole to close an NGO.
“The whole purpose of the law is to create an enabling environment for the NGOs to operate freely, but now what we are seeing is quite different. The law is making some NGOs uncomfortable.
“If the law does not work for the people and if the advisors and all those involved do not do anything we have the legitimate right to go to the streets or do whatever to change it,” Chanika said.
Centre for Human rights and Rehabilitation director Ollen Mwalubunju wondered why the NGOs have to report to over three institutions on matters concerning registration and yearly subscription fees.
He added that NGO Board, Congoma and the office of the presidential advisor on civil society also need to streamline differences and clarify issues related to terms of reference.
“We should know where we belong, how many times should an NGO have to register? These three bodies have to meet and iron out their differences. In addition to that, the NGO Act has a lot of flaws which are inconsistent with the Malawi Constitution,” he said.
Answering the charges, Chakumodzi said the Act is the law of the land and not the law of NGOs.
“This law is law of the land and concerns the NGOs but in terms of monitoring it is up to government to take decisions,” he said
Congoma executive director Ted Nandolo said in the council’s consultations with NGOs, it transpired that there was indeed a general feeling that the members were not against the law but they do not want a law that will work against them.
“What came clear in our consultations is that Congoma has failed to explain clearly on the functions and roles of the two bodies. But in a nutshell, Congoma’s role is to look at coordination and NGO board looks into issues of regulation.
“As of now the government does not have a policy on NGOs and therefore we, as Congoma, need to start explaining to NGOs on how the board and Congoma work,” Nandolo said.
The issue of NGO Board will be referred to Congoma’s secretariat which will engage a technical team of experts to review and amend the whole constitution of Congoma to bring it in line with NGO law and current realities on the ground, according to Nandolo.
“On the other hand the NGO Act will also fall into the hands of experts who will identify specific provisions in the NGO law that need to be reviewed and a relevant recommendation for review and amendment to be made to the Law Commission of Malawi,” he said.
In April the NGO Board also came under fire at a Southern Region meeting of Congoma where the board was accused of replicating the functions of Congoma.
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