FDRA 2016 Review

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On October 5, 2016, Bangladesh’s Parliament passed a new law called the Foreign Donations

(Voluntary Activities) Regulation Law 2016, which regulates the work and activities of foreign-
funded nongovernmental organizations (NGOs). (Foreign Donations (Voluntary Activities)
Regulation Act, 2016. The new law came into effect on October 13 and repealed the Foreign
Donations (Voluntary Activities) Regulation Ordinance, 1978 and the Foreign Contributions
(Regulation) Ordinance, 1982.

 “NGO” means any organization registered by the Bureau to conduct voluntary activities inside
Bangladesh and any organization or NGO registered under prevalent law of any foreign country,
which is also registered under this Act, shall be included in it;
 “Voluntary Activities” shall mean and include non-profit social, religious, cultural, economic,
educational activities, healthcare, pure drinking water and sewerage system, relief and
rehabilitation, agriculture and agricultural development infrastructure, public awareness,
poverty alleviation, women’s empowerment, democracy and good governance, human rights,
secularism, Activities related to the empowerment of marginal and under-privileged masses and
upholding their rights, children and the adolescents, Activities related to the participation of the
elderly and retarded people and upholding their rights, equal rights and equal participation,
environment conservation and development, climate change, natural resources, efficiency
enhancement, science and information technology, vocational activities, social welfare,
Research Activities, Activities related to the development and protection of various ethnic 2
groups, upholding right to land and development activities and any other activities which may
be specified by the Government from time to time, shall also be included in it.
 Notwithstanding anything contained in any other law for the time being in force, no
organization or NGO shall conduct any voluntary activities taking foreign donation without
having been registered with the Bureau: Provided no individual shall be required to be
registered with the Bureau for undertaking and conducting voluntary activities taking foreign
donations, but shall have to obtain prior approval from the Bureau.
 Section 14 of the Foreign Donations (Voluntary Activities) Regulation Act of 2016, lists the
offenses that may cause cancellation or withholding of registration of an NGO by the NGO
Affairs Bureau (NGOAB). These include anti-state activities, making malicious and derogatory
statements against the Constitution and constitutional bodies of Bangladesh, subversive
activities, financing and sponsorship of terror and militancy, and trafficking in women and
children. Section 16 of the Act grants the NGOAB the authority to cancel or withhold the
registration of an NGO for committing any of these offenses.

 Appeals against decisions made under section 16 may be filed within 30 days from the date of
the decision, according to section 17 of the Act. The 30-day time limitation may be extended to
up to 45 days, if there are “valid reasons” for it. The Secretary to the Office of the Prime
Minister will decide on the appeal of an aggrieved entity within 30 days; the Secretary’s decision
will be final. (Foreign Donations (Voluntary Activities) Regulation Act, 2016,§ 17.)

 As summarized by the International Federation for Human Rights (FIDH), the Act also requires
that “NGOs seeking to receive or use foreign funds must register with the NGOAB, submit
reports regularly and seek prior approval from the NGOAB for all planned activities before
receiving such grants.”  It “empowers the NGOAB to inspect, monitor and assess NGO activities
at the NGOAB’s discretion, and NGOs will need approval and security clearance to hire foreign
specialists and advisers.”

REACTION
 https://www.loc.gov/item/global-legal-monitor/2016-11-25/bangladesh-controversial-
new-law-regulating-work-and-activities-of-foreign-ngos/
 https://www.hrw.org/news/2016/10/19/bangladesh-new-law-will-choke-civil-society
 https://www.aljazeera.com/news/2016/10/20/concerns-raised-over-new-bangladesh-
ngo-law/
 https://www.thedailystar.net/city/news/facebook-gets-the-newsletter-game-bulletin-
2122026

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