The role of civil society organizations in fostering peace, human dignity, and equality is globally recognised and protected by the United Nations human rights framework. Modern democracies also uphold the right to form associations to further the agenda of promoting and protecting human rights, a right enshrined in Article 17 of the Constitution of Pakistan. Civil society is integral to all development and political processes, organizing community participation, raising awareness of civil, human, women, and labour rights, and demanding state accountability.
Pakistan boasts a vibrant civil society comprising grassroots organizations, national-level healthcare and education institutions, human rights organizations, and resource centres for women, labour, and child rights. Despite this, civil society in Pakistan faces numerous challenges, exacerbated by government measures aimed at restraining their work, slander, defamation, surveillance, abductions, harassment, and violence. Known as “closing space” or “shrinking space,” these challenges have intensified in Pakistan, posing significant threats to civil society.
Challenges Facing Civil Society in Pakistan
In Pakistan, civil society is under threat from multiple fronts, including state repression, reprisal from non-state actors, unnecessary laws curtailing human rights work, flawed global financial mechanisms, and diminishing support for national and grassroots human rights organizations. Since 2019, the Economic Affairs Division (EAD) of the Finance Ministry has overruled hundreds of applications for No-Objection Certificates (NOC), a mandatory requirement for not-for-profit organizations to operate in Pakistan. This has significantly hindered their ability to function effectively.
A robust democracy requires deeply rooted democratic norms, including a functioning parliament, opposition, democratic institutions, traditions, civil society, and media. Pakistan, with 32 years of military dictatorship out of its 74-year history, is struggling to establish a robust democracy. The country’s legal framework, derived from English common law and Islamic jurisprudence, presents unique challenges for civil society organizations, particularly those advocating for civil rights. Recent years have seen increasing restrictions and a narrative portraying civil society organizations as foreign agents working against national interests, further reducing their operational space.
Regulatory Framework
Pakistan has around 13 laws governing the registration and operation of local not-for-profits (NPOs). International NGOs are regulated under the INGOs Policy 2015 and the more recent Policy for NGOs/NPOs Receiving Foreign Contributions 2021. The 2021 policy imposes stringent provisions on NGOs, including broad and subjective suspension or termination clauses in the Memorandum of Understanding (MoU) that each NGO must sign. According to the EAD, as of 2021, 478 NGO registration applications were in progress, with only 107 approved, reflecting the policy’s restrictive nature.
INGO Policy 2015 and Government Crackdowns
The INGO Policy 2015 requires international NGOs receiving foreign funding to register with the Ministry of Interior, with an INGO Committee monitoring their activities. Local NGOs must secure government approval for funds or support. In 2015, the Securities and Exchange Commission of Pakistan (SECP) cancelled the registration of 23 INGOs, and the Ministry of Interior ordered Save the Children to shut down its operations. In 2018, the government refused to renew the licenses of 18 INGOs, highlighting the discretionary power of intelligence agencies in security clearance.
FATF and Financial Restrictions
Pakistan’s inclusion on the Financial Action Task Force (FATF) grey list has led to stringent financial mechanisms, affecting civil society organizations. Provincial governments have deregistered thousands of NGOs for non-compliance with FATF regulations. These measures have resulted in the cessation of bank accounts and increased oversight from the Federal Board of Revenue (FBR) and the National Accountability Bureau (NAB), further complicating the operational environment for NGOs.
Provincial Charities Acts
Provincial Charitable laws in Balochistan, Khyber Pakhtunkhwa, Punjab, and Sindh impose heavy fines and criminalize charities. These laws provide lifetime bans from participating in charity work for individuals found guilty of offenses, further restricting civil society activities. The Sindh Charity Act 2018, for instance, has faced legal challenges from civil society organizations for its restrictive provisions.
Media and Civil Society
Repressive policies and actions have also targeted the media, limiting freedom of expression. The Prevention of Electronic Crimes Act (PECA) 2016 criminalizes legitimate criticism of state institutions, and the Pakistan Tehreek-e-Insaaf government’s controversial social media rules exacerbate these restrictions. These actions stifle dissenting voices and restrict online spaces, undermining the role of media and civil society in promoting transparency and accountability.In response to these challenges, major organizations formed the Pakistan Civil Society Forum in 2016 to address issues and advocate for civil society rights. The forum condemned the NOC requirement as a violation of freedom of organization and expression. Despite the shrinking space, civil society organizations continue to contribute positively to Pakistan’s development, emphasizing the need for government support and respect for civil society’s capacity to foster social, economic, and political uplift.Civil society organizations, including International Non-Governmental Organizations (INGOs) and Non-Governmental Organizations (NGOs), play a pivotal role in promoting human rights, peace, and development globally. In Pakistan, these organizations face numerous challenges that impede their ability to operate effectively. Despite the constitutional protection under Article 17, which ensures the right to form associations, the operational landscape for civil society in Pakistan is increasingly restrictive.
State-Imposed Restrictions and Regulatory Framework
The regulatory environment for INGOs and NGOs in Pakistan has become increasingly stringent. The Policy for NGOs/NPOs Receiving Foreign Contributions 2021 and the INGOs Policy 2015 mandate rigorous registration processes and impose broad and subjective criteria for suspension or termination of operations. For instance, NGOs must obtain a No-Objection Certificate (NOC) from the Economic Affairs Division (EAD) to operate, a requirement that has resulted in the rejection of numerous applications since 2019. This has created significant barriers to entry and operation for many organizations
Financial and Security Challenges
Pakistan’s inclusion on the Financial Action Task Force (FATF) grey list has led to stringent financial scrutiny of NGOs and INGOs. This has resulted in the deregistration of thousands of NGOs across various provinces for non-compliance with new financial regulations aimed at combating money laundering and terrorism financing. The increased oversight by the Federal Board of Revenue (FBR) and the National Accountability Bureau (NAB) further complicates the financial operations of these organizations, often leading to the freezing of bank accounts and other financial assets.
Intimidation and Harassment
Civil society organizations in Pakistan frequently report instances of intimidation, harassment, and surveillance by government authorities. These actions are part of a broader strategy to limit the influence of INGOs and NGOs, particularly those involved in human rights advocacy. The government has used the guise of national security to justify these measures, often portraying these organizations as foreign agents working against national interests
Media and Public Perception
The media narrative in Pakistan often frames civil society organizations as proxies for Western and Indian interests, which undermines their credibility and public support. This narrative has been propagated by certain media groups and political factions, leading to increased suspicion and hostility towards NGOs and INGOs. The promulgation of laws like the Prevention of Electronic Crimes Act (PECA) 2016, which criminalizes legitimate criticism of state institutions, further restricts the freedom of expression and operational space for these organizations
Legal and Policy Framework
The legal landscape for civil society in Pakistan is complex, with multiple overlapping regulations at the federal and provincial levels. The Provincial Charities Acts impose additional restrictions, including heavy fines and lifetime bans on individuals involved in charity work if found guilty of certain offenses. These laws not only criminalize charitable activities but also create significant legal hurdles for NGOs and INGOs operating in the country
Conclusion
The challenges facing INGOs and NGOs in Pakistan are multifaceted, stemming from stringent regulatory frameworks, financial scrutiny, intimidation, and negative public perception. These obstacles hinder their ability to promote human rights, deliver humanitarian aid, and support development initiatives effectively. It is imperative for the Pakistani government to recognize the valuable contributions of civil society organizations and create a more supportive and enabling environment for their operations. Only through such measures can Pakistan hope to achieve its development goals and uphold its commitments to international human rights standards.
