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Bremer Puts Iraqi Civil Society and International NGOs on Probation - NGOs - Global policy Forum Bremer Puts Iraqi Civil Society and
Un Ponte Per, ICS , Intersos
International NGOs on Probation
COSV, GVC, Terre des Hommes
December 16, 2003Order 45 issued on November 2003 by Governor Bremer requires all organisations of Iraqi civil society and the international NGOs to register and undergo forms of control and scrutiny. This order is a serious impediment which violates the right of freedom of association.
The Order :
1) Declares illegal all activities undertaken by organisations which are not registered under the guidelines of Order 45.
2) States that the organisations which are required to register include all bodies operating in the following fields:
-humanitarian aid
-defence of human rights
-community rehabilitation
-charity work
-education and health
-environmental protection and conservation
-economic reconstruction and development
-promotion of democracy
-development of civil society
-promotion of women's rights
-any other no-profit activity3) Order 45 violates the right of privacy of the organisations and intrudes into their internal affairs. The order requires the organisations to release information about their finances; a three-year history of the donations received; the names of their main donors, including private individuals; information about ongoing and future projects; information about their boards of directors.
Further, the organisations are required to issue a report of their activities every three months; they are required to produce annual financial reports; as well as being required to submit and discuss all projects with the ministries of the Governing Council.
4) An office of the Ministry of Planning will have the power to investigate and scrutinise the activities of the organisations. At will, this office could deny, suspend and/or withdraw any authorisation in the cases of:
violation of Iraqi laws (this clause does not contemplate the that the violation should be stated by a court of law with a legal trial).
threats to public order, health and the security of Iraq.
We, the undersigned, believe that this last clause could dangerously be interpreted as to include all activities which oppose the politics of the Occupying Coalition. Moreover, we are concerned that Order 45 does not specify which body would have the power to review any procedure denying, suspending or withdrawing the authorisation to operate in Iraq.This is an open violation of:
a. the rights of association, particularly those of the Iraqi people, guaranteed by art. 22 of The International Covenant of Civil and Political Rights.
b. article 63 of the Geneva Convention on the protection of civilians in war which obliges any occupying forces not to obstacle the activities of the Red Cross and those organisations operating to guarantee essential services to the civilian population.
c. the ORHA directive for humanitarian operations in Iraq which recognises the humanitarian principles of independence, impartiality and neutrality.
Moreover, resolution 1483 of the UN Security Council assigned to the Special Representative of the Secretary General of the UN the right and the duty to promote the protection of the human rights of the Iraqi people and to coordinate the work of national and regional organisations.The measures of Order 45 cannot be justified as tools relevant to the 'war on terrorism. Certainly terrorist cells would not register nor willingly submit information to the CPA. Thus, we believe that the guidelines of Order 45 are aimed at controlling and monitoring the rebirth of the Iraqi civil society. Further, we also believe that these measures could be a frame to drive out of Iraq organisations that might give solidarity to those sectors of Iraqi society manifesting legitimate political dissent and opposition.
We the undersigned demand respect for the human rights and the freedom of association of the Iraqi people.
We also demand that, as contemplated in Resolution 1483, the activities of the international NGOs should be coordinated by the United Nations and not "caged" within the restriction of Order 45.
We declare that we will not follow and oblige any policy or Order which violates civil and political rights.
We declare that we do not intend to disclose information, such as the name of individual donors, which in our country are protected by privacy laws.
We declare that we do not intend to accept any obligation to previously coordinate our activities with the CPA.
We propose to all Non-Governmental Organisations present in Iraq, and to the NCCI coordination, to collectively reject Order 45 and to undertake the following initiatives:
a. to send an appeal to the Secretary General of the UN urging him to intervene in favour of the mandate of the UN to coordinate humanitarian assistance.
b. to send an appeal to the United Nations Human Right Commission urging this body to intervene to protect the freedom of association in Iraq.Rome, December 16th, 2003
The Italian NGOs working in Iraq:
Un Ponte Per, ICS, Intersos, COSV, GVC, Terre des Hommes
Also read NGO Registration Causes Controversy (January 13, 2004)
More Information on NGOs
More Information on NGOs in the Field
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