Some Non-Governmental Organizations (NGOs) and Civil Society Organizations (CSOs) contradicted themselves in their denouncement of the proposed new legislation on regulating international NGOs and composition of board members of the NGO Board of Malawi.
The NGOs and CSOs—only 45 of them—contradicted themselves in their long and winding statement condemning the NGO Act Amendment Bill of 2022, which Parliament passed in March and awaits President Lazarus Chakwera to sign it into law.
In the statement dated 22 April, 2022, the NGOs and CSOs expressed concern with section 35 of the amendment bill, which gives powers to a minister to review operations of international NGOs. Yet, NGOs, in a previous petition to the government, complained about the way international NGOs are conducting themselves.
The NGOs and CSOs are also worried with section 7 (1), where they want the Council for NGOs in Malawi (CONGOMA)—a membership umbrella organization and coordinating body for NGOs—to be accorded three representatives in the board of the NGO Board. Yet, the said section, has already stipulated exactly that.
These contradictions have sent tongues wagging in the NGO community, with some observers wondering whether the NGOs and CSOs really know what they are fighting for.
One of the NGO leaders against the amendment bill, Patrick Jonathan Mwale, attempted to downplay the contradictions in an interview, emphasizing that what is being contested is the “intention and non-clear manner in which the process is being undertaken”.
“The need for review of the operations of international NGOs is fully supported. What is being opposed or challenged is the involvement of the minister, who will always be a politician and susceptible to abuse of power and office.
“On CONGOMA representation, the bill, which has just passed, has three indeed. Otherwise, the initial bill stipulated two. Three is fair and acceptable,” said Mwale, who is Executive Director for Communities in Development Activities and Chairperson for CSOs Network in Mzimba South.
But Chairperson for the Local NGOs Forum, Kent Mphepo, disagreed with Mwale, saying there is no any problem with the entire NGO Act Amendment Bill of 2022, which reportedly underwent “all inclusive” consultation and engagement processes, spanning over six years.
“I am actually, right now, drafting a press release to clear the facts. I support the bill. Local NGOs have no any problem with the bill. We totally agree with it.
“It has some weaknesses, yes. But no law can please everybody. Every law creates winners and losers. We will solve those weaknesses through regulations that have to be developed the soonest,” Mphepo said.
Apparently, observers conversant with operation, regulation and coordination of the NGO sector in Malawi say most of the signatories to the statement condemning the bill are actually not NGOs but mere CSO networks, which dilutes the authenticity of the demands in the document.
“I am bound to believe that the majority of them are not registered with the NGO Board. There are over 800 NGOs on the board’s registry and only 45 have signed this document, most of which are not NGOs,” said an observer, who refused to be named.
Once President Chakwera signs into law the NGO Act Amendment Bill of 2022, the NGO Board of Malawi—a state-owned registrar and regulator of all NGOs and CSOs—will now become the NGO Regulatory Authority, with its functions enhanced in order to ably fulfill its mandate.
The amendment bill has reportedly many benefits, including improved regulation and coordination of the NGO sector.
Various NGOs and CSOs, including Centre for Human Rights and Rehabilitation (CHRR), Youth and Society (YAS) and Centre for the Development of People (Cedep)—condemned the passing of the bill in March, saying it is draconian and prepared without thorough consultations.
Apparently, Human Rights Defenders Coalition have even urged President Chakwera not to sign the bill into law.
