Ambiguous comments by the govt make it seem as if it is a 'mischief' for charitable organisations to register as companies limited by guarantee - NGO Coalition

The NGO Coalition on Human Rights is concerned about recent comments made in parliament on amendments to the Companies Act 2015 and its effects on civil society and non-profit organisations.

The Companies (Amendment) Bill was passed last week in parliament, which enforces accountability requirements on charitable organisations such as NGOs and civil society.

The NGO Coalition says the Prime Minister made comments concerning charitable organisations not utilising the donations for the purpose for which the donations were made. It says the Attorney General made similar remarks about “mischiefs” by charitable organisations.

Coalition Chair, Nalini Singh says they welcome the commitment for better accountability but they are concerned that this was the priority, at a time when the country is struggling to stabilise through the COVID-19 pandemic new normal.

Singh says sweeping statements and harmful generalisations about the very people doing the work on the ground is not conducive to improving our current situation.

Nalini Singh also says that the Attorney General, Aiyaz Sayed-Khaiyum’s ambiguous comments made it seem as if it is a “mischief” for charitable organisations to register as companies limited by guarantee, which she says is not the case.

The NGO Coalition says there is a wide diversity of charitable groups and organisations working tirelessly on the ground within their different capacities to ensure families and communities are coping with the impacts of COVID-19.

Singh says NGOs, civil society and charitable organisations are answerable to their communities and constituencies and have internal and external checks and balances to ensure they are accountable to them and those that support their work.

She says the recent debate is not new and only fosters intimidation from the government, who are more concerned about policing funding and civil society accountability over the more pressing issues.

Singh says the Act will require charitable companies to prepare and submit their financial statements to the Registrar of Companies within four months from the end of the financial year. Failing to do so can result in the charitable company being publically named and shamed by the Registrar of Companies.

They say the NGO Coalition on Human Rights is a coalition of civil society organisations that works towards a Fiji that respects and protects human rights and fundamental freedoms within the framework of the rule of law.

Singh says it is puzzling that the government chooses now to discuss issues of accountability.

She says civil society and NGOs have been flagging the growing humanitarian crisis in Fiji in the past few months including food security, health and access to justice.

Singh says many have had to pivot all programmes towards responding to COVID-19 and have been calling for the government to do the same and respond with urgency.

She says the comments made by members of parliament continue to be tone-deaf to these issues.

Singh also says this is an opportune time to reach out to the civil society and NGOs working on the ground towards a collaborative and conciliatory effort to nation-build.

The NGO Coalition reiterates the need for accountability at all levels of society and looks forward to the same from the government. Singh says it is also important for the government to ensure its own accountability towards the people so they expect similar enforcement across government bodies and ministries.

Fijivillage has contacted Attorney General, Aiyaz Sayed-Khaiyum for comments.

He is yet to respond.