Kathmandu: Civil society organizations have raised concerns over the draft of the Association and Organization Act-2082 BS recently unveiled by the Ministry of Home Affairs. They have called for an inclusive and extensive discussion on the draft before it is finalized.
According to National News Agency Nepal, during a discussion organized by the National Alliance for Human Rights and Social Justice-Nepal (Human Rights Alliance) on Tuesday, Alliance’s Chairperson Bidur Subedi warned that the new draft could potentially curtail the civil liberties guaranteed by the Constitution. Subedi argued that the draft challenges constitutional rights outlined in Article 17, which includes the right to form organizations, freedom of speech, and the right to organize peaceful assemblies.
Samjhana Malla, Chairperson of KIRDARC, also voiced her concerns, stating that the draft contains provisions that are anti-association. She stressed the need for broader consultations to ensure that the draft aligns with the Constitution. Malla emphasized the importance of creating a framework that supports, rather than hinders, the formation and operation of associations.
Lalit Ojha, General-Secretary of the Association of Youth Organizations Nepal (AYON), expressed worries that the draft could potentially disrupt the independent functioning of non-governmental, civil, and community organizations. Ojha warned that the draft could introduce unnecessary administrative hurdles in the registration and operation processes for community-based organizations (CBOs), leading to increased dependency on the government.
Arjun Bhattarai, Chairperson of NGO Federation of Nepal, contended that rushing into formulating laws without adequate consultation would weaken democracy. He highlighted the dangers of introducing bills without thorough impact studies and discussions, and remarked on the concerningly weak role of political parties and lawmakers, which contradicts the spirit of the constitution promulgated after decades of struggle.
Participants in the discussion collectively called for further deliberations on the draft to ensure a favorable environment for organizations to operate independently and effectively. They insisted that the draft should foster a congenial atmosphere for organizational activities.
Meanwhile, representatives of more than two dozen civil society organizations met with Home Minister Ramesh Lekhak at the ministry and submitted a memorandum. The memorandum demanded that CBOs be regulated through a Civil Society Organization Facilitation Authority rather than being led by civil servants. Tara Bahadur Bhandari of Samajwadi Sarathi Sanstha highlighted that the memorandum emphasized the role of CSOs as pillars of democracy, reaching the grassroots level, and stressed that these organizations should be regulated but not controlled.