Although the parliament has softened somewhat its original draconian bill, the legislation still obliges offices of foreign NGOs to inform the government registration office about their projects for the upcoming year, and about the money allotted for every specific project. Russian government officials would have an unprecedented level of discretion in deciding what projects, or even parts of NGO projects, comply with Russia's national interests, as required by the bill, said Holly Cartner, executive director of the Europe and Central Asia division of Human Rights Watch (HRW), a major U.S.-based advocacy group.
The organization says, Officials from the registration office could prohibit foreign NGOs from implementing projects without "the aim of defending the constitutional system, morals, public health, rights and lawful interest of other people, guaranteeing defense capacity and security of the state. If a foreign NGO implements a banned project, the registration office could close its offices in Russia.
But Sharon Tennison, the American head of a Moscow-based NGO, the Center for Citizen Initiatives, calls such comments alarmist, and adds that the new legislation could cut either way, and it won't become obvious until implementation begins. Heated TV debates are occurring, with (President Vladimir) Putin's harshest critics participating.
Tennison acknowledged that the law was presented, amended and signed by President Putin with few explanations for its need. But she contends that Russia's not-for-profit sector is in serious need of regulation. It still hasn't developed legal underpinnings to assure transparency of expenditures, operations or funder information - all of which are crucial for societal trust and civil society development.
Tennisons organization conducts programs to assist Russians in securing economic and political reforms and fosters partnerships and relations between the United States and Russia.
The Kremlin is further challenged by Russia's wealthy oligarchs, who have funneled a great deal of money through NGOs in the past three years to destabilize the Putin government. Foreign and oligarch support in Russia has led in some instances to NGOs' pursuing objectives contrary to those of the average citizen and to the stability of the fragile government. This wouldn't go down well in any country..
Tennison recommends that to align NGO activities with citizens' interests, the Putin administration needs to legislate tax incentives to encourage support for Russia's NGOs, thereby creating a base for in-country private donations, not foreign or oligarch funding.
She says that Russia is inching toward a democratic society, but isnt close yet. The country's long history and harsh conditioning cant be radically transformed in two short decades. Pushing Russian society and the Putin government faster than they can go at this juncture, will incur consequences that serve neither Russia nor the west.
The NGO legislation requires Russia's 450,000 civic clubs to re-register with a state authority in order to remain active. Foreign NGOs will be required to notify the Justice Ministry of the location of any offices. Both foreign and national NGOs will also have to provide detailed reports to authorities of any foreign funding and how such funds are spent. Furthermore, the legislation will give officials the power to close any non-profit organization involved in political activity, a concept that lacks any clarification or definition in the bill.
Tennison concludes, I'm head of a NGO in Russia and I'm happy to reregister in order to get some decent laws governing Russia's NGO sector. I have nothing to be concerned about since our work helps Russian citizens - we don't do direct political activity. Nor do I think that out-of-country NGOs should do political activity when there is a freely elected president and government that still enjoys the goodwill and support of the majority of the country.
HRW says, The government is entitled to regulate non-governmental organizations, (but) the broad and ambiguous scope of the law poses a serious threat to the rights to freedom of association and expression, in violation of Russia's obligations under the International Covenant on Civil and Political Rights, The 1998 U.N. Declaration on Human Rights Defenders calls on states to respect the rights of human rights defenders through legislation and administration.
President Putin has claimed that the law's limitations on NGOs are necessary to prevent financing political activities from abroad. But the bill gives no definition of political activism, raising serious concerns that the term could be interpreted very broadly by government officials, HRW declared.