Below are the reasons why we should say No to the proposed amendments to the PBO Act
1. Civil Society contributed to 15% of the Economy in 2012: Public Benefit Organizations accounted for KS 152 Billion (15% of the 1 Trillion national budget) in 2012, the bulk of which is within the health and education sector. The economy will drop by 15% in the year of implementation and in the future
2. PBOs contributed significantly to foreign exchange: Over 90% of the 152 Billion was received in foreign exchange, making this sector a significant earner of foreign exchange. Much needed foreign exchange will earnings will drop
3. The PBO Sector employs 240,000 Kenyans: Most of whom will be jobless if these are implemented.
4. 47% of Kenya’s health care is delivered through private sector including NGOs and Faith Based Organizations. Article 43 of the Bill of Rights – every Kenyan constitutionally has a right to the highest attainable standard of health and currently much of health services are facilitated in private facilities and in Government facilities with external donor funding through PBOs.
5. 55% of the national health budget is funded through NGOs by external funding: Most external donors will be unwilling to channel funds for Health care primarily through Government. The Government will have to find funds to inject into the health sector
6. 89% of HIV budget (including life saving ARVs for 1Million HIV infected Kenyans) are funded by external donors through NGOs. Capping NGO’s funding could lead to massive deaths of people living with HIV, spread of multidrug resistance TB; increased morbidity and overall budget expenditures on HIV care
7. Health promotion and prevention for HIV, malaria and other public health priorities for Kenya are largely donor funded through NGOs.
8. 6.8 million People were tested for HIV in 2012, of whom 60% in health facilities facilitated through NGOs. The national prevention roadmap if implemented could reduce new infections from 80,000 in 2013 to <9000 by 2030; if not, new infections will remain above 60,000 per annum.
9. Youth constitute 30% of the population, reached with prevention, information and education on Behavior Change messages. Escalation of Teenage Pregnancies, Drug and Substance abuse, HIV infections, among others.
10. Maternal and child health: 56% of women in Kenya deliver at home through midwives and traditional birth attendants. NGOs facilitate home follow ups that increase hospital deliveries
In its manifesto, the Jubilee government states:
The influence of Civil Society has expanded over the years to the point where the various Civil Society groups play an important role in the country’s political and economic development. In the years following the signing of the National Accord, the sector has grown in stature, influencing Government decisions, political culture, and key appointments. We must identify new and innovative ways of working with the sector so that the country can fully benefit from its expertise and experience. (Jubilee Manifesto; Page 65)
Hence the amendment goes against the Jubilee Manifesto.
Thus the law, while intended to further regulate PBOs will impact seriously on the health of Kenyans and jeopardise progress towards Vision 2030 health and development goals.
As the health sector NGOs in Kenya, we support the current PBO Act. We strongly say NO to the proposed amendments to the PBO Act.
Adapted from HENNET