Severe Blow to the Work of NGOs

The draft Law on Public Work of Non-Profit Organizations represents a discrimination against NGOs funded by foreign donors, and clearly shows that the intention of the RS authorities is to restrict the work of organizations that criticize the work of the government.

Transparency International Bosnia and Herzegovina (TI BiH) strongly condemns the decision of the ruling coalition in the Republic of Srpska to draw up the draft Law on Public Work of Non- Profit Organizations to adoption without any notice and public hearing, considering that it seeks to label and discriminate against non-governmental organizations funded by foreign sources.

Namely, the controversial draft Law only deals with the organizations whose activities and projects are funded by foreign governments and organizations, and the Law does not deal with the organizations that are funded from local sources and budgets at different levels of the government. Those organizations do not even need to submit reports or justify the funds allocated to them from the budget.

Also, the draft Law does not clearly define political activities, and thus leaves enough space for competent authorities to interpret the Law in inadequate manner and prohibit the work organizations whose actions do not support the authorities in the RS.

TI BiH considers that the need for transparency of the work of NGOs should not be disputed, but in this case under the guise of transparency the authorities in the RS want to restrict the work of those organizations that are not under its control.

This Law sends a disturbing message to the citizens that NGOs are the enemies of the state. This represents one more step in series of attempts of the RS authorities to restrict the freedom of speech, assembly and association in order to stifle criticism in all ways, even using methods peculiar to totalitarian regimes. It is absurd that in the Declaration of Conformity of the draft Law with the EU acquits is stated that the sources of EU Law which define this issue have not been found, although it is clear that the draft Law is in contradiction with the European Convention on Human Rights, which guarantees the right to assembly and associate. This draft Law provides an opportunity to the Ministry of Justice to determine which organization is free to act, and which is not.

TI BiH, in cooperation with other civil society organizations, will use all available mechanisms to prevent the adoption of this Law, or at least enable conduction of a public debate to remedy all shortcomings.

Press rls 11.05.2015. – Severe Blow to the Work of NGOs