28 September, 2020

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Sri Lanka Emphasizes Need For Regulation, Transparency And Accountability In Funding To NGOs And NPOs

Following Media Release has been issued by the Permanent Mission of Sri Lanka to the UN/Geneva today.

Sri Lanka notes the Report (A/HRC/23/39) of the Special Rapporteur on the rights to freedom of peaceful assembly and of association Mr. Maina Kiai containing information on the activities undertaken during the period under review as well as a thematic elaboration of his mandate.

Ravinatha Aryasinha

We note the reference made by the Special Rapporteur to the desirability of permitting the flow of unhindered funds to associations.  Mr. Kiai refers to the transparency and accountability argument being often used by Governments to place limitations on funding of NGOs.  While we agree that access to resources is important for the vibrant functioning of civil society, we observe that Mr. Kiai does not seem to adequately take into account the negative impact of lack of or insufficient regulation of funding of associations on national security and counter-terrorism.

While Mr. Kiai expresses the view that civil society organizations play a significant role in combatting terrorism, it has beenSri Lanka’s experience as a country that defeated one of the most ruthless terrorist organisations in the world, that certain NGOs and associations can also play a fundamental role in feeding terrorism and conflict.  For example, front organisations of the LTTE posing as legitimate civil society organisations and charities based overseas formed part of a complex international terrorist network which through various means injected the funding and resources needed to nurture the thirty-year terrorist conflict in Sri Lanka.  These are actual situations and experiences which the Rapporteur should take cognizance of in order to provide a balanced and pragmatic assessment on the subject of funding of associations and counter-terrorism.

Sri Lanka therefore notes that in actuality, regulation, transparency and accountability of funding to NGOs and NPOs is a pre-requisite in the interest of national security and counter-terrorism as recognized by states.  In this regard, we highlight the obligation placed on states to adhere to the regulatory framework all countries are expected to put in place in compliance with 40 Recommendations of the Financial Action Task Force, which makes it mandatory to monitor fund transfers of all financial institutions inclusive of NPOs and INGOs (associations) and other financial institutions, in countering financing of terrorism, money laundering or other related trans-national crimes.

We agree with the Special Rapporteur that the ability to hold peaceful assemblies is a fundamental and integral component of the right to freedom of peaceful assembly.  In this context we note that the enjoyment of rights pertaining to the freedom of expression, of peaceful assembly and of association, are fundamental rights guaranteed by the Constitution to all citizens of Sri Lanka, subject only to strictly defined restrictions set out in the Constitution which the Supreme Court has vigorously applied.  While peaceful assembly including demonstrations is permitted under the law, law enforcement authorities retain the right to disperse such assembly in the event it ceases to be peaceful and impinges on the rights of others, particularly in instances where such demonstrations lead to disturbance of public tranquillity.  Any person who alleges violation of these rights is entitled to seek redress through the highest court of Sri Lanka or to seek relief through the National Human Rights Commission.

Sri Lanka further notes that with regard to the content of the Special Rapporteur’s report (A/HRC/22/39/Add.2) titled ‘Observations on communications transmitted to Governments and replies received’ our letter dated 15th February 2013 in response to a joint urgent appeal by four special procedures mandate holders including Mr. Kiai, pointed to the erroneous nature of the information contained in the appeal which therefore did not warrant an urgent appeal under any circumstances, as per resolution 5/2 on the Code of Conduct for Special Procedures mandate holders of the Council.

In conclusion, Mr. President, we thank Mr. Kiai for his work and continued engagement.

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Latest comments

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    NGOs are making problems every where in the world.

    But, they are silent in the developed world and they never criticize the Church.

    Dig and see who is funding these Non profit organizations and what their basic purposes are.

    • 0
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      JinSofty and the Other aka Versions.

      A Very good Question to ask, the BBS, the Norwegians, The West and the Christian Fundamentalists and their Agenda.

      At least, talking about the BBS

      1. Norway, the West, and Christian oriented NGO’s
      2. Gotabaya and the Sinhala Buddhist Racists
      3. Tamil Christians funded by NGO’s
      4. Sinhala Buddhist Merchants and Businessmen
      5. Other undesirable with Vested interests, shills, and hired guns.
      6. Many others. Do your own research.

      • 0
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        Also stop tilting at windmills – there is no LTTE in Lanka today – only STATE TERRORISM or RAJAPASSA TERRORISM.
        Get with the facts man, the problem is your patron the Dictator of Lanka and not your LTTE fantasy!

    • 0
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      Hey Mr. Bullshit artist Ravinath: The NGO’s are small fry dude.

      We want to catch the big fish! How about some TRANSPARENCY for Rajapassa Brother’s and sons’ dirty deals, at Carelton Sports, land grabs, asset stripping and robbery of the Bank of Ceylon including the General Manager of BOC’s Official residence..
      The pay offs for the Cabinet of Crooks etc.
      Stop trying to distract from the ROOT CAUSE of corruption in Lanka which is the Putrid scum of the earth – uneducated criminal Rajapassa brothers gang.

  • 0
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    It is a vital need to investigate the financial performances of some of the NGOs that are claiming to be Peace makers.There must be a proper monitoring about the benefits that are being enjoyed by the so called NGO leaders.No dought,lots of truths will come to light.

    • 0
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      There are a few genuine NGOs but many other NGOs play a big part in instigating and maintaining a level of insecurity in a country without which, their services would not be required. Then they’d lose their fundings and with it, their cosy lives abroad.

  • 0
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    Tamil Tigers in sheep’s clothing are now using the Millions of Dollars extorted from innocent Tamils, both in Colombo and everywhere in the world where there is a Tamil community to use their funds to buy decision makers. They include NGO’s, international organisations including UN, crooked politicians in countries with constituencies with a significant number of of Tamils.

    Ravinatha Ariyasinghe has quite correctly pointed out the negative impact of lack of or insufficient regulation of funding of associations, on national security and counter-terrorism. Negative impact of lack of or insufficient regulation of funding of associations on national security and counter-terrorism.

  • 0
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    All NGOs in Sri Lanka receiving foreign funding must be forced to register and the government must monitor all their activities, check them and let the public know whether they were dancing to tunes of foreign funders and if so, what were they.

    Russia has recently designated NGOs working in Russia that receive funding from a foreign government as “foreign agents”. Russian President, Putin has defended it as a part of an anti-corruption and transparency campaign for he says NGOs in Russia received $1 billion in foreign funding during the last year. What more to say if BBC estimated Soros alone gave $1b over 15 years to Russian NGOs. So, Putin accused NGOs for using most of that money for political activities in Russia.

    I think the same is happening in Sri Lanka. In many ways it is part of the neocolonialism that replaces the old-style colonial administration with buying influence through local groups to encourage the spread of their values. We need to follow Russian example and confront them.
    Leela

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      You should be a dimwit of highgrade. Where on the earth you dare to ask NGOs to register their funds ? Why not you focus on crime and corruption levels of Govt bodies. OWA DENU PARAHATA THAMA SAMMATHAYE SITA ::: is what reminds me instantly when reading your biased views. Once upon a time you stayed on the west, and did you just collect the bit of knowledge how the west go with NGOs, no doubt if there are NGOs that are provable threat to the soverenity of the country- there there rulers could monitor them atleast to some extent, but GOTABAYA the most dangerous criminal, with his open approval to the crime doings of BBS or any other underground segments (facts – upon the request, have got collected lists of references from the very recent incidents), being that disastrous, how can you the ilk dare to ask this ?

      Ask FINALLY GOTABAYA to act free and fair manner against crime investigations which is becoming worst day to another in the country today. Proper handling of crimes is the foundation for a civilized and fair society. It is the long awaiting step from them. Where the foundation is stable, there is no reason educated people to handle things to better. Then lawful authorities will work on AMDs to the prevailing set of laws. Next step would be the enforcement of law together with police. That will then come police becoming shaped as it is the case in Germany, Switzerland, UK or any other countries where you have already seen, people will respect law and order if the authorities would implement them rigorously.

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      Leela Girl.

      “All NGOs in Sri Lanka receiving foreign funding must be forced to register and the government must monitor all their activities, check them and let the public know whether they were dancing to tunes of foreign funders and if so, what were they.”

      Absolutely! Absolutely!

      Here are some Tips.

      A Very good Question to ask, the BBS, the Norwegians, The West and the Christian Fundamentalists and their Agenda.

      At least, talking about the BBS

      1. Norway, the West, and Christian oriented NGO’s
      2. Gotabaya and the Sinhala Buddhist Racists
      3. Tamil Christians funded by NGO’s
      4. Sinhala Buddhist Merchants and Businessmen
      5. Other undesirable with Vested interests, shills, and hired guns.
      6. Many others. Do your own research.

  • 0
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    sir pl check trnsperancy media directors background. earlier hr works as a reporter in upali newspapers after that swarnawahini now transperacy international this man is (Edited out) norad report mention shan was in their payroll

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