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CIVIL SOCIETY NEWS
New NGO law threatens the existence of civil society in Eritrea
26 August 2005 - CIVICUS is deeply concerned about the effects of a new law in Eritrea which severely restricts the existence and operation of local and foreign non-governmental organisations (NGOs).
Introduced in May, the NGO Administration Proclamation No145/2005 imposes taxes on aid, restricts NGOs to relief and rehabilitation work, increases reporting requirements for foreign and local organisations, and limits international agencies from directly funding local NGOs.
‘We urge the government of Eritrea to seriously consider revising the law,’ said David Kalete, CIVICUS Director of Programmes. ‘Such a narrow definition of NGO work, along with restrictive funding and registration procedures threaten freedom of association and the existence of civil society,’ he said.
By forbidding NGOs from engaging in activities outside relief and rehabilitation, the law denies NGO status to groups involved in other valuable work, such as human rights and legal advocacy. An NGO that works outside relief and rehabilitation risks being de-registered, and if its activities are deemed subversive, its members could be charged (Article 19).
All organisations are now forced to meet demanding annual registration requirements. Only local NGOs with a minimum of 1 million USD in their bank accounts are permitted to register or re-register. International NGOs must have a minimum of 2 million USD in combined assets (Article 8.1(c) & 9.5).
‘As few local NGOs would start with a 1 million USD budget, the law makes it virtually impossible for any new local NGOs to register,’ states Kalete.
The few local NGOs that are allowed to register also face new funding barriers. The law requires all donor funds to be passed through government ministries, permitting funds to go through local NGOs only if the capacity of the ministries is insufficient. Local NGOs cannot receive funds from the United Nations or other bilateral agencies (Article 9.1 & 8.5).
According to an international organisation operating in Eritrea, ‘If the new proclamation results in the closing down of the few independent local NGOs and the departure of the few remaining international NGOs, there will be no independent civil society left.’
The new law also taxes all food aid and donations imported into Eritrea, seriously hindering aid agencies. In early August, international organisations called for the urgent release of 540 tonnes of food aid being held at Eritrea’s Massawa port. In response to an international outcry, the government of Eritrea agreed to release the aid and pay the taxes on behalf of the aid agencies, providing at least a temporary reprieve.
Eritrea, rated as number 156 on the UN Human Development Index, is currently one of the most food aid-dependent countries in the world, with two thirds of its 3.6 million people requiring food assistance.
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