LAHORE, 13 September 2024 – The Human Rights Commission of Pakistan (HRCP) and the Joint Action Committee for People’s Rights have expressed strong support for the Lahore High Court's (LHC) recent decision to invalidate the federal government’s 2022 policy on foreign funding for non-governmental and non-profit organizations. In a webinar held on Friday, human rights activists and legal experts discussed the significance of the ruling.

The LHC ruling, delivered on 6th September, struck down the policy, which required NGOs to seek approval from the Ministry of Economic Affairs and security agencies before signing any foreign funding agreements. Justice Asim Hafeez declared the policy unconstitutional, stating that it lacked legislative authority and infringed upon constitutional rights, particularly the freedom of trade and business under Article 18.

Addressing the webinar, Hina Jilani, former chairperson of HRCP, and human rights lawyer Saqib Jilani, emphasized the policy’s legal flaws. Saqib Jilani stated, “The federal cabinet lacks the authority to impose restrictions on NGOs without prior legislation from parliament.” Hina Jilani recalled similar attempts to regulate foreign funding for NGOs in 2013, which were also struck down by the courts.

Hina Jilani warned that the government could challenge the ruling or introduce new legislation to restrict human rights organizations, posing further challenges to civil society. Participants at the webinar also discussed potential future obstacles that human rights groups may face in the wake of the LHC decision.

The ruling underscores the importance of adhering to legal frameworks and legislative authority when regulating NGOs, emphasizing that the executive cannot impose restrictions without proper legislative backing. The court also criticized the involvement of security agencies in scrutinizing NGOs, calling it an unwarranted intrusion into fundamental rights.