Nine civil society organisations, including NGO Federation of Nepal, have accused the Social Welfare Council of trying to implement the controversial code of conduct for NGOs by what they called ‘misinterpreting’ the recent verdict by the Supreme Court.

File photo of Supreme Court of Nepal
Addressing a press meet in the capital, Kathmandu, on Wednesday, civil society groups leveled serious accusation against the Social Welfare Council of ‘misinterpreting the verdict’ of the Supreme Court regarding the NGO code of conduct. They blamed the SWC of trying to implement the controversial code unilaterally in a `conspiratorial way.’

President of NGO Federation of Nepal Dr. Arjun Karki (File Photo)

President of NGO Federation of Nepal Dr. Arjun Karki (File Photo)
President of NGO Federation of Nepal—an umbrella organisation of over 2,600 NGOs across the country, Dr. Arjun Karki, alleged that the SWC’s statement was tantamount to “contempt of court” since the case was still sub-judice. He said the SWC had no right to “interpret” the court verdict to suit its own interests.

Talking to Nepalnews on Tuesday, member secretary of the SWC, Sharad Sharma, said that the interim order was automatically lifted as the order was effective until the Ministry for Women, Children and Social Welfare and the SWC presented written reply to the SC.

“’The Supreme Court on December 26, 2005 gave continuity to the stay order not to implement the code of conduct until the defendants in the case submitted their written reply to the court. As the written replies have been submitted, the Supreme Court has lifted the interim order making way for the SWC to implement the code of conduct till the final hearing on the case takes place and a verdict is announced,” Sharma said.

The Ministry for Women, Children and Social Welfare and the SWC submitted written replies last week to the court presenting the justification for the implementation of the code of conduct, Sharma added.

The government had issued the code of conduct saying that it was necessary to make NGOs transparent and dignified.

However, NGOs say the code is aimed at curbing the independence and neutrality of the NGOs.

In their joint statement issued Wednesday, NGO Federation of Nepal, Federation of Nationalities Nepal, Dalit NGO Federation, Women Security Pressure Group, Community Forestry Consumers’ Federation, National Federation of Disabled, Nepal and Defend Human Rights Movement, among others, said they had serious reservations towards the content, rationale and the body that issued the code of conduct for the NGOs. They said instead of scrapping it, the government’s announcement to implement it by issuing threats (to NGOs) was nothing but a misadventure. They have also announced that they will defy the controversial code.

Association of International NGOs in Nepal, UN agencies and rights groups have protested against the SWC’s decision to issue the code of conduct. The AIN said it had reservations regarding the process by which the code was introduced. The UN agencies said code of conduct is something which the member organisations themselves adopt and should not be imposed from outside.

According to reports, on Feb. 17, 2005—days after the royal takeover, the Ministry of Defense sent a letter to the Ministry of Women, Children and Social Welfare asking it to prepare the code of conduct for the NGOs. On July 14, the government issued an ordinance to amend the Social Welfare Act, 1992, and enforce a code of conduct for NGOs. The government also appointed supporters of the royal takeover to the SWC. The new SWC team then issued the code of conduct for NGOs in November 2005.

In response to two separate writ petitions, the Supreme Court on December 23, 2005 issued an interim order to the government asking it to stay the implementation of the code of conduct for NGOs.

Four days later, the apex court decided to give continuity to its order asking the government not to implement the controversial Code of Conduct for the NGOs until it receives written response from the authorities.

Talking to Nepalnews on Thursday, advocate Tikaram Bhattarai said the SWC can’t implement the code of conduct since it is sub-judice and that the court has also awarded priority to its hearing.

The apex court is expected to resume hearing on the case from next week, according to sources.