Ranil takes up cudgels for NGOs, tears into MoD

By Saman Indrajith-July 11, 2014

Opposition and UNP Leader Ranil Wickremesinghe accused the government of ‘attempting to tear up the Constitution’ of the country by preventing non-governmental organisations from holding press conferences, workshops, training for journalists and distributing press releases.

Making a special statement Wickremesinghe said that it was a blatant attempt by the government to control all non-governmental organisations.

Wickremesinghe said that former LTTE arms procurer KP had been permitted to form an NGO and operate in the North and East. He challenged the government to stop him, too, if possible.

The full text of the statement made by Wickremesinghe: The Director/Registrar of the National Secretariat for Non-Government Organisations, under the Ministry of Defence & Urban Development had issued a circular No. MOD/NGO/mon/4 dated 1.7.2014 requiring NGOs not to conduct press conferences, workshops, training for journalists, and dissemination of press releases.

At the very outset we wish to point out that neither the Ministry nor any organisation operating under it has the power or authority to issue such directions to NGOs.

In 1980 the Government passed the Voluntary Social Service Organisations (Registration and Supervision) Act to regulate and supervise enterprises commonly called Non-Governmental Organisations (NGOs).

Section 15 of the Act required promulgation of regulations and accordingly regulations were promulgated on 15 October, 1999 (Gazette No. 1101/14).

These regulations dealt mostly with the setting up of a "Board of Inquiry" to inquire into complaints in respect of any allegations of fraud or misappropriation of funds.

It is clear therefore the regulation of NGO’s has to be within the four corners of the Voluntary Social Service Organisations (Registration and Supervision) Act and the Regulations made thereunder.

No authority outside these parameters has the right, power or authority to exercise any form of regulation or supervision of NGOs.

Furthermore, this action of the National Secretariat for Non-Government Organisations is a blatant violation of the Constitution more particularly Article 14 thereof which guarantees to all citizens – freedom of speech, expression, publication, assembly and association.  The 1980 Act has not placed any restrictions on the operation of Article 14 of the Constitution of the Republic.

The Universal Declaration of Human Rights also incorporates the rights of association, opinion and expression including the right to impart any ideas through any medium and the Right of Peaceful Assembly and Association (Article 19 and 20).  Workshops and Training are a part of the freedom of association while the holding of media conferences came under the freedom of expression.

This is a blatant attempt by the Government to control all non-governmental organisations.  An attempt to negate the rights conferred under the Constitution and the Universal Declaration of Human Rights.

Will the Hon. Prime Minister explain to this House the reason that has led the Government to act in violation of the Constitution and the Universal Declaration of Human Rights; and why the Government attempting to tear up the Constitution."

Prime Minister D.M. Jayaratne said that the government had not taken any action to control the NGOs but reminded them to adhere to certain principles which those organisations had agreed to follow when they had been formed. These NGOs were bound to act within the guidelines they had agreed when they were registered. The circular issued by Director/Registrar of the National Secretariat for Non-Government Organizations, under the Ministry of Defence and Urban Development was not an order but a circular of instruction. The circular just requested the NGOs to act within the framework of guidelines they had been expected.

The Prime Minister said such circulars were issued by other countries as well. It is a well-known fact that certain NGOs operating in Sri Lanka had acted beyond their aims and objectives. Some of them were found procuring arms for the LTTE. Instructing the NGOs to act within the mandate they had been given at the time of their registration should not be interpreted as an attempt to tear up the Constitution and violating the provisions of the Universal Declaration of Human rights, he added.