Regulating civil society activities

Civil society organisations (CSOs) in the country recently objected to moves by the federal government to regulate their activities, saying that this amounted to stifling their powers and reducing their core areas of intervention. In April 2015, the Financial Reporting Council of Nigeria released the “National Code of Corporate Governance 2015” aimed at regulating the […]

Civil society organisations (CSOs) in the country recently objected to moves by the federal government to regulate their activities, saying that this amounted to stifling their powers and reducing their core areas of intervention.
In April 2015, the Financial Reporting Council of Nigeria released the “National Code of Corporate Governance 2015” aimed at regulating the activities of non-profits organisations throughout Nigeria, irrespective of the description of each CSO.
Under the last administration, there were several attempts to curtail civil society’s free-wheeling activities through legislations and policies aimed at their effective regulation, and required that they carried out their activities within the bounds domestic laws.
These laws include regulating the conduct of nongovernmental organisation (NGO) registration and operation and other pieces of legislation and policies that affect the ways NGOs and CSOs operate in the country. Notable among these and policies are the Constitutions, anti-terrorism laws and legislations that generally are designed to lookout for money laundry avenues.
Civil societies that are not-for-profit organisations, constitute a large part of the NGOs, and voluntarily organizes itself to represent a wide range of interests and ties. These include community-based organisations, indigenous peoples’ organisations, non-government organisations that are distinct from government and business.
In Nigeria, there is no record of the actual number of civil societies in operation but the Network of Nigerian Nongovernmental Organisations (NNNGOs) in 2012 adopted a Code of Conduct for members; it was signed by over 800 CSOs.
Government officials explained they had to step in because the absence of self-regulation on the part of CSOs, and the security threats faced by the country, had persuade the government in recent times to dust up laws and regulations to checkmate their activities.
The government also argued that the CSOs had in many instances become a government of their own, receiving funds from abroad, too critical of its policies and programmes, not being monitored and above all operating illegally as most are not duly registered with the Corporate Affairs Commission.
But CSO operators insist that their role facilitates divergent voices, broaden rights and freedoms; strengthens collective decision-making, participation and consensus-building and empowering ordinary people.
They argued too that today, the civil society organization sector is a major socio-economic force, a major employer and a major platform for volunteer social work.
They assert that as things stand, CSOs in Nigeria are already ‘over-regulated’ as currently there are over 13 laws, including the 1999 Constitution; Companies and Allied Matters Act (CAMA) of 2004; Companies Income Tax Act (CITA) of 2004; Taxes and Levies (Approved List for Collection) Act 1998; Value Added Tax Act of 1993; Value Added Tax Amendment Act of 2007; Federal Inland Revenue Service (Establishment) Act of 2007; Personal Income Tax Act of 2011; National Planning Commission Act of 1993; Prevention of Terrorism Act of 2011; Money Laundering Prohibition Act of 2011 and Central Bank of Nigeria Anti-Money Laundering/Combating the Financing of Terrorism Regulation of 2009 that relates directly to, among others, CSOs.
Despite these laws, there were two draft bills before the 7th National Assembly aimed also at regulating voluntary organizations in Nigeria still awaiting passage at the expiry of its tenure.
The practice of foreign agencies sending money directly to CSOs is a dangerous one, and questioning it is appropriate. With the Nigerian sovereignty at stake, such CSOs ought to be wary of such funding, and to take measures for self-regulation to convince the government that their motives are not injurious to Nigeria’s national interests.
What is practiced as self-regulation by CSOs today in the country is plagued with weak enforcement system and the inability to effectively check members. At times, leadership tussles and lack of accountability threaten the survival and consolidation of these voluntary organisations.
Most countries, including Ethiopia, Russia have passed laws aimed at regulating the activities of non-governmental organisations. Nigeria faced with a vicious insurgency and other challenges of development, such as widespread corruption, cannot afford to overlook the CSO activities.
 Not all CSOs seek to operate under the radar of course; these should be isolated. But without exception, every one of them must be registered.