5.3 On the Management of NGOs
There are other provisions in the proposed law which are equally disturbing. Take the management of NGOs, for instance. It is proposed under Clauses 23 and 24 that the management of NGOs be entrusted to boards of directors of not less than three members which shall have similar powers to the assigned boards of trustees under the Societies Ordinance and to the boards of directors of limited liability companies as established by the Companies Ordinance.1 Under the proposed law, however, the boards of directors of NGOs are assigned the additional function of receiving and implementing directives issued by the government through a competent body charged with the coordination of NGO activities.2 This will give the government the legal grounding to intervene in and control the activities of NGOs.
That is not all, however. The proposed law also seeks to wrest ultimate control of the fundamental aspects of the NGOs from the latter's rank-and-file members and vest it in these boards of directors. For instance, under Clause 26 an NGO may be dissolved by the decision of its board. All that needs to be done is for the board to notify the Registrar of NGOs within two weeks of its decision.3 The consent of the Registrar is also required for the board to form a committee to supervise the dissolution and to determine the procedures to be followed.4 There is neither a requirement for consultation with, or securing the consent of, the members of the organisation concerned. And where a conflict arises in this respect it "shall be referred to and (be) resolved by the High Court".5 Again, the role of the rank-and-file members is conspicuous by its absence. So much then for the claims of the final draft of the proposed policy that NGOs are "formed, run, developed or terminated only through the voluntary acts of individuals and associations; are managed and controlled by members, trustees or directors independently of government…."!
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