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                    "Wale Igbintade\n\n\n\nHuman Rights Watch (HRW) has urged the National Assembly to reject the proposed Foreign Aid (Regulation, Transparency and Disclosure) Bill, warning that it could undermine the independence of civil society organisations and shrink civic space in Nigeria.\n\n\n\nThe international human rights organisation said the bill contains provisions that could give government authorities undue influence over the funding and activities of independent organisations.\n\n\n\nIn a statement issued yesterday, HRW said the bill, introduced by the Senate in May 2026, seeks to regulate foreign aid, grants and donations in Nigeria and establish a regulatory commission to oversee foreign aid.\n\n\n\nThe stated objectives of the bill include promoting transparency and accountability, aligning aid with national development priorities, preventing the misuse and duplication of projects, and improving public access to information on foreign-funded activities.\n\n\n\nHowever, HRW warned that requiring foreign-funded activities to align with government priorities could expose civil society organisations to excessive government control.\n\n\n\n\u201cIndependence is essential to the work of civil society organizations working to scrutinize government actions, expose wrongdoing, hold those in power accountable, and advocate for reforms,\u201d said Anietie Ewang, Nigeria researcher at Human Rights Watch.\n\n\n\n\u201cLegislation that seeks to align foreign funding with government priorities risks expanding government control over independent civil society and suppressing dissent.\u201d\n\n\n\nThe bill has passed its first and second readings in the Senate and has been referred to the Senate Committee on National Planning and Economic Affairs for detailed consideration, public hearings and stakeholder consultations.\n\n\n\nThe committee is expected to submit its recommendations to the Senate before the bill proceeds to third reading and a final vote.\n\n\n\nIf passed by the Senate, the bill would still require approval by the House of Representatives and presidential assent before becoming law.\n\n\n\nHRW said the committee was given four weeks from July 22 to conduct its review and consultations and is expected to submit its recommendations to the Senate at any time.\n\n\n\nThe organisation said the proposed legislation raises concerns similar to those generated by previous attempts by the National Assembly to expand government regulation and oversight of civil society organisations.\n\n\n\nIt recalled that a 2016 bill seeking to establish a Nongovernmental Organizations Regulatory Commission stalled after a public hearing in 2017, while a similar bill introduced in 2020 was withdrawn following opposition from lawmakers.\n\n\n\nHRW said the current bill would require, among other things, that \u201cforeign aid-funded activities shall align with Nigeria\u2019s national development plans and priorities.\u201d\n\n\n\nIt described the provision as vague, arguing that the bill provides no meaningful clarity on how compliance would be assessed or what activities could be deemed inconsistent with government priorities.\n\n\n\nAccording to HRW, the ambiguity could create significant uncertainty for organisations working on human rights, governance, anti-corruption and other accountability-related issues, particularly where their activities challenge official policies or expose government shortcomings.\n\n\n\nThe organisation further warned that failure to comply with the proposed requirements could result in financial penalties, revocation of operating licences and imprisonment.\n\n\n\n                    \n                    \n                    \n                 \u201cRequiring all foreign-funded activities to align with government priorities would undermine civil society independence and could be used to restrict organizations whose work is critical of those in power, creating opportunities to suppress dissent and limit democratic participation,\u201d HRW said.\n\n\n\nThe organisation said independent civil society groups play a vital role in promoting transparency, documenting abuses, advocating reforms and holding those in power accountable.\n\n\n\nIt argued that making access to foreign funding conditional on compliance with government priorities could significantly weaken that independence.\n\n\n\nHRW also raised concerns about what it described as an array of new financial integrity requirements contained in the bill.\n\n\n\nIt noted that organisations operating in Nigeria already face extensive registration, financial reporting and regulatory obligations.\n\n\n\nAccording to the organisation, nonprofits are required to register with the Corporate Affairs Commission as incorporated trustees or other appropriate entities and comply with applicable annual reporting requirements.\n\n\n\nIt added that organisations are also subject to registration and reporting obligations under the Special Control Unit Against Money Laundering, the Economic and Financial Crimes Commission, tax authorities and other regulators.\n\n\n\nHRW said the bill does not explain why its additional reporting and other requirements are necessary or how they would complement existing regulatory processes.\n\n\n\n\u201cTransparency and accountability are legitimate objectives, but they should not become a pretext to undermine the independence of civil society,\u201d Ewang said.\n\n\n\n\u201cNigeria should not create new layers of regulation that give the authorities excessive control over organizations simply because they receive foreign funding.\u201d\n\n\n\nHRW also drew attention to constitutional and international protections for civil society organisations.\n\n\n\nIt said the Nigerian Constitution guarantees freedom of expression and association, while similar rights are protected under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples\u2019 Rights, both of which Nigeria has ratified.\n\n\n\nThe organisation also cited the position of the United Nations special rapporteur on the rights to freedom of peaceful assembly and association, who has repeatedly affirmed that the ability of associations to seek, receive and use resources, including foreign funding, is an integral part of the right to freedom of association.\n\n\n\nSimilarly, HRW cited the African Commission on Human and Peoples\u2019 Rights Guidelines on Freedom of Association and Assembly in Africa, which affirm the right of associations to seek, receive and use funds freely, including funds from foreign states, international organisations and other external sources.\n\n\n\nThe guidelines, according to HRW, state that governments should not restrict otherwise legitimate activities simply because an organisation receives foreign funding.\n\n\n\n\u201cConditioning access to foreign funding on conforming with government 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