US embassy cable - 05KATHMANDU2508

UNCLAS KATHMANDU 002508 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR SA/INS 
NSC FOR RICHELSOPH 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PREL, NP 
SUBJECT: INTERNATIONAL COMMUNITY EXPRESSES CONCERN OVER 
CODE OF CONDUCT 
 
REF: KATHMANDU 2488 
 
1. (SBU) Along with others from the donor community and 
United Nations agencies, the Embassy signed the following 
letter to the Minister for Women, Children and Social Welfare 
regarding our concerns about the new Code of Conduct for NGOs 
(reftel).  In the letter, the international community 
expressed worry that the Code of Conduct could be ill-used 
for political purposes.  In addition to noting specific 
clauses that could be in violation of the International 
Covenant on Civil and Political Rights and other 
international human rights instruments, we highlighted 
concern that the Social Welfare Council did not consult with 
Nepal's NGO community.  We suggested withdrawal of the Code 
and that the issue be revisited. 
 
2. (U) Begin text of letter as written. 
 
16 November 2005 
 
Hon'ble Mrs. Durga Shrestha 
Minister for Women, Children and Social Welfare 
Ministry of Women, Children and Social Welfare 
Singha Durbar 
Kathmandu 
 
Your Excellency, 
 
     I am writing on behalf of the group of donors and U.N. 
agencies listed below regarding the "Code of Conduct for 
Social Organizations and Associations 2062" which has been 
promulgated recently by His Majesty's Government. 
 
     It is our firm belief that civil society in all 
countries plays a crucial role in the promotion of democracy, 
human rights and development.  However, in recent months, the 
international community has become increasingly concerned at 
the erosion of the rights and freedoms of civil society in 
Nepal.  All governments should provide an enabling 
environment for the broad participation of civil society in 
all areas of development, social service provision, 
humanitarian assistance and human rights, including the right 
to freedom of association.  We believe the "Code of Conduct" 
is not conducive either to improving NGO governance or to 
fostering NGO endeavors.  Moreover, it is inconsistent with 
Nepal's commitments and obligations under the International 
Covenant on Civil and Political Rights and other 
international human rights instruments.  For example, 
provisions exerting governmental control over NGO access to 
funding from international donors, requiring that NGO 
programmes be in conformity with government policies and 
programmes, or requiring the NGO personnel observe Government 
policies and bear individual and collective responsibility 
for the activities implemented by the organization would 
violate Nepal's international human rights obligations, 
including the right to freedom of association. 
 
     As such, the "Code of Conduct" does not appear likely to 
contribute to the process of ensuring accountability and 
transparency and will be seen as another step to constrain 
the legitimate activities of civil society.  The regulation 
of civil society should be the product of an open and active 
participatory and consultative dialogue and in this instance 
both the process and the wording have failed to take adequate 
account of the views of NGOs, both Nepali and international. 
 
     The donor community believes that the "Code of Conduct" 
clearly provides a means for undue political interference. 
It is also likely to hinder critical development activities 
as the independence and impartiality of Non Governmental 
Organizations are essential to work in rural areas and to 
support the population affected by the conflict.  We 
therefore recommend that the current "Code of Conduct" be 
withdrawn and that this issue be revisited. 
 
Yours sincerely, 
 
/s/ 
Matthew Kahane 
UN Resident Coordinator 
 
On behalf of: 
Embassy of Australia 
British Embassy 
Embassy of Canada 
Embassy of Denmark 
Delegation of the European Commission to Nepal 
Embassy of Finland 
Royal Norwegian Embassy 
U.S. Mission to Nepal 
German Technical Cooperation (GTZ) 
SNV Nepal 
Swiss Agency for Development and Cooperation (SDC) 
UK Department for International Development (DFID) 
 
And the following UN Agencies: 
Food and AgrQulture Organization (FAO) 
Qternational Labour Organisation (ILO) 
Office for the Coordination of Humanitarian Affairs (OCHA) 
Office of the High Commissioner for Human Rights (OHCHR) 
UNAIDS 
United Nations Development Programme (UNDP) 
United Nations Educational, Scientific and Cultural 
Organisation (UNESCO) 
United Nations Population Fund (UNFPA) 
United Nations High Commissioner for Refugees (UNHCR) 
United Nations Children's Fund (UNICEF) 
World Food Programme (WFP) 
World Health Organisation (WHO) 
 
End text of letter. 
MORIARTY