Tussle over extent to which NGOs should be regulated

After a two-year-long national debate on the new Charities draft law in Jordan, the government decided last week to withdraw it from parliament to allow more discussions with civil society and other concerned parties.

[Read this report in Arabic]

The bill requires the finances of non-governmental organisations (NGOs) to be monitored by the Audit Bureau, a government body, and demands that international NGOs finance projects which cost at least 250,000 Jordanian dinars (about US$352,000).

“This is a positive step taken by the government to open a dialogue with NGOs and reconsider their demands,” Muhammad al-Hilou, spokesperson of the Amman-based National Centre for Human Rights (NCHR), told IRIN.

On 7 January, the NCHR held a conference, in cooperation with the German Friedrich Naumann Foundation to enhance dialogue between the government and NGOs.

“During the conference NGOs called on the government to reconsider the charities law and grant them the right to establish their own organisations and have administrative independence,” Al Hilou said.

“By imposing the minimum requirement of 250,000 Jordanian dinars on foreign NGOs, we want more commitment from them. We are providing them with many facilities, including tax and customs exemptions. This burdens the government’s budget and therefore we want them to be serious in implementing their projects,” Hussain Abul Ruz, secretary-general of the Ministry of Social Development, told IRIN.

But this limits what NGOs can do because they cannot start a project if it costs less than the stipulated amount, said the NCHR’s al-Hilou.

Monitoring NGO finances

While many say it is important to monitor charities’ finances, others believe that such monitoring should be done at a later stage.

“We are not against monitoring to ensure that there is no money-laundering and to block corruption, but this monitoring should not be used as a stick with which to beat NGOs, preventing them from doing their work.” Asma Khader, secretary-general of the Jordanian National Commission for Women, told IRIN.

We are not against monitoring to ensure that there is no money-laundering and to block corruption, but this monitoring should not be used as a stick with which to beat NGOs.

“Taking into consideration the changing roles of this sector, we believe that [the old] law is no longer suitable, with its conditions and procedures. Nevertheless, the new one should regulate the work of NGOs, and not limit it, and [it should] let the judicial system be the referee in case of violations,” Khader said.

The government has a different view. “If we can solve a problem in its initial stage why should we wait until a violation is committed and then take it to court?” said the Ministry of Social Development’s Abul Ruz.

According to Amin Mashaqba, head of the temporary administrative department at the General Union of Voluntary Societies (GUVS), it is important to have rules especially when it comes to the finances of these organisations and their activities. “In these days of globalisation there should be better ways of monitoring [NGOs’] finances,” Mashaqba told IRIN.

“Balanced formula”

The bill also stipulates that NGOs should employ nationals as a priority. “The kingdom has over 20 universities with all specialisations and therefore priority should be given to qualified Jordanians to get employment in international NGOs with branches in Jordan,” Abul Ruz said.

“Now we have to reconsider the draft law and come up with a new formula after discussing it with the NGOs. It should be a very balanced formula because it has to give more freedom for these organisations and at the same time avoid as many violations as possible, Abul Ruz said.

There are 1,024 local NGOs and 49 foreign NGOs operating in Jordan under law No. 33 endorsed in 1966.

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