Press Release on “Code of Conduct”

We, the NGO Federation of Nepal and the Association of International NGOs in Nepal, express our concerns over the recent announcement by the government of a "Code of Conduct for I/NGOs" through an ordinance. We are disappointed with this decision made without stating well-founded reasons and prior consultations with concerned stakeholders. We hereby state our position regarding the “Code of Conduct”:

• A new Code of Conduct may not be necessary as there already exist a number of legal instruments viz. the Society Registration Act 2034, Social Welfare Act 2049, General Agreement, Project Agreement, Local Self Governance Act 2055, and Civil Code of Nepal (Muluki Ain) that govern I/NGOs’ work in Nepal. In case of non-compliance with
  these legal instruments the government can take appropriate actions.
  
• A number of ministries such as the Ministry of Local Development, Ministry of Finance
  and the National Planning Commission have separate Code of Conduct/Guidelines for
  I/NGOs. Hence, the new Code of Conduct of the Social Welfare Council can create
  confusions.
  
• A Code of Conduct developed without well-founded reasons can lead to uncertainty and
  confusions. A new Code of Conduct introduced without reviewing the existing legal
  instruments in consultation with I/NGOs may not contribute to the work of I/NGOs.
  
• A broader legal framework of the government should guide I/NGOs’ operation in Nepal at
  all times. However, the government should duly respect the autonomy and flexibility of
  I/NGOs, and thus their distinct global identity.
  
• A Code of Conduct is prepared and implemented by those who are to be governed by it.
  This ensures ownership and accountability for its effective implementation. NGO
  Federation has already prepared and implemented a Code of Conduct for its member
  NGOs. Similarly, AIN has implemented and made public its Basic Operating Guidelines in
  Nepal. Should there be a need for further improvement, we welcome any suggestions.
  
• In case of reasons that are agreeable for a new Code of Conduct, I/NGOs should be
  extensively involved in the entire process of its preparation, as it will have direct effect
  upon their work in Nepal. Otherwise it would create mistrust between the government
  agencies as well as the I/NGOs.
  

NGO Federation of Nepal is the one and only umbrella organisation of non-governmental
organisations in Nepal with more than 2,600 organisations. Its members are present in all districts
of Nepal working on a wide-range of issues and sectors.

The Association of International NGOs (AIN) is an informal network of more than 50 INGOs
working in Nepal. AIN has come together to promote mutual understanding, exchange
information and share experiences in order to better collaborate together. Its members work on a wide-range of issues and sectors to contribute to development efforts in Nepal.

Over the years, I/NGOs have played a crucial role as key stakeholders and partners in the
development of Nepal and we would like to continue to engage with the government, donors,
various sectors of the civil society, NGOs and poor and excluded people on these issues.