The Information and Communications Amendment Bill of 2013 was passed in Kenya by parliament on October 31, 2013, but has not yet been signed by the president. Another problematic draft law, the Media Council Bill, is due to
be debated in parliament in the coming weeks. Moreover, on October 30 the attorney general also proposed controversial new provisions regulating the work of nongovernmental organizations (NGOs), including a proposed cap at 15 percent of foreign funding. “These new laws are an attempt to undermine freedoms of expression and association in Kenya,” said Daniel Bekele, Africa director of Human Rights Watch on 12 November. “Kenya’s leaders should act swiftly to prevent these bills from becoming law and focus on the country’s real challenges, like police reform and accountability.”
The new idea of restricting (foreign) funding follows similar efforts by an increasing number of other countries, signaling a dangerous trend:
On October 30, the office of the attorney published in the official gazette – the mandatory first step before a bill is introduced to parliament – the Miscellaneous Amendment Bill of 2013. This bill includes provisions that would grant broad discretionary powers to a new government body to regulate nonprofit organizations and would limit access to foreign funding for these groups. The amendment would empower a new government body, the Public Benefits Organizations Authority, to “impose terms and conditions for the grant of certificates of registration, permits of operation, and public benefit organization status.” The chairperson would be appointed by the president, increasing executive powers over nongovernmental groups. Critics of the law fear that the wide powers vested in the executive branch could be used to restrict nongovernmental organizations or even penalize organizations that fall out of favor with the Kenyan authorities.
The amendment would also introduce new limits on funding for nongovernmental organizations. It states that “a public benefit organization shall not receive more than 15 percent of its total funding from external donors,” unless otherwise approved by the minister for finance. Funding to nonprofits would be channeled through a new Public Benefits Organizations Federation rather than directly from donors – which could create new operational difficulties for nongovernmental organizations and delays in their projects.
“This new law requiring nongovernmental organizations to raise 85 percent of their funding locally may well have the effect of weakening independent voices,” Bekele said. “As we have seen elsewhere in the region, including in Ethiopia, these laws are an assault on basic freedoms and Kenya’s citizens and leadership should soundly reject them.”
Kenya: New Laws Would Undermine Basic Rights | Human Rights Watch.
Related articles
- India should end funding restraints on Human Rights Defenders, Says HRW (thoolen.wordpress.com)
Hans Thoolen on Human Rights Defenders and their awards 