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The reason is the confidentiality clauses in the contracts that IMDi considers violate freedom of expression.
Today it became clear that the government will no longer provide state support to the Born Free Foundation over the next year.
The Integration and Diversity Directorate (IMDi), which has supervisory responsibility for Born Free, has also stopped the payment of 3 million that the foundation was going to receive for the second half of this year. The reason was the suspicion that state funds have not been used for what they were supposed to be used.
IMDi’s valuation is based, among other things, on a report by the consulting firm Ernst & Young. The Born Free organization has used some of the state support it received for purposes other than those for which it received support and lacks good financial management, according to the Ernst & Young report.
The Integration and Diversity Directorate (IMDi) has supervisory responsibility for Born Free.
IMDi’s valuation is based, among other things, on the highly disputed report by the consultancy Ernst & Young. According to the report, Født Fri has used parts of the state support for purposes other than those for which it received support. Born Fri must also, according to the report, lack good financial management.
Shabana Rehman, who runs Fødr Fri, has denied that the organization made any serious mistakes and has denied that there are grounds for withdrawing state aid.
You believe it violates freedom of expression.
In a recent letter to the foundation, IMDi writes that state aid withholding is also considered on the basis of the foundation’s use of confidentiality clauses for those who carry out assignments for the foundation. NRK wrote about the contracts last week. The contract states that the breach of confidentiality is punishable by 25,000 crowns.
The letter further states that IMDi considers that the clause is contrary to article 100 of the Constitution and article 10 of the European Convention on Human Rights ”.
IMDi writes in a letter to Født Fri that the clause on the duty of confidentiality may be in conflict with section 100 of the Constitution on the right to freedom of expression.
Photo: Stig Jaarvik / NRK
Fine of 25,000 crowns
Mats Liland was hired by Født Fri to be a project assistant and then a project manager for the school magazine at Stovner Upper Secondary School in Oslo. The magazine was one of the foundation’s projects.
– I signed the contract, but then I started wondering about the content on confidentiality. It was very extensive. I reacted to the fact that no legal section was referenced, Liland told NRK.
Mats Liland responded to the contract.
Photo: private
The contract establishes that the contractor has a duty of confidentiality for the duration of the assignment and for posterity, if he has knowledge of matters related to the assignment.
The release agreement also contains wording on compensation for breach of confidentiality. The agreement with Mats Liland states: “In the event of breach of the duty of confidentiality, the contractor will be liable in any case for damages in the amount of NOK 25,000”.
Critical Labor Law Expert
Lawyer Birthe Maria Eriksen, who has labor law as her special field, criticized the contract.
– Yes, I believe that it is not possible to agree on such a global duty of confidentiality in a contractual relationship such as the one at hand. The clause, as formulated, is in my opinion legally invalid, contrary to p. § 100 of the Constitution on freedom of expression, said Birthe Maria Eriksen.
Now IMDi also takes care of this issue. They believe the contracts are another reason to retain support during the second half of this year. Therefore, Born Free loses 3 million crowns.
IMDi does not want to explain to NRK why they believe the clauses provide a basis for withholding support. In an email to NRK, IMDi director Libe Rieber-Mohn writes “IMDi is in the process of handling this matter in the usual way and has no further comment.”.
Født Fri’s assignment contract with a clause on the duty of confidentiality and an amount of compensation if it is broken.
Photo: Eskil Wie Furunes / NRK
Rehman: – Not for employees
NRK asked Born Free CEO Shabana Rehman to explain why they had such confidentiality clauses.
– This has been designed by our attorney, and is not for employees, he said, noting that the foundation has had many project managers and volunteers.
– We work with children and young people. Our attorney saw that a confidentiality clause was absolutely necessary, Rehman told NRK. after yesterday’s press conference.
Born Free CEO Shabana Rehman says the silence clause was added because they work with vulnerable children and youth.
Photo: Heiko Junge / Heiko Junge
Born in Fri lawyer Harald F. Strandenæs says he has a hard time understanding how IMDi thinks.
– The confidentiality clause is made to ensure confidential treatment of very important and vulnerable information. And it is a very simple clause that comes in a very simple agreement. This applies to contractors who are not employees of the foundation. And this means that if one is going to have any chance of enforcing the confidentiality clause, that is, having some seriousness in it, then there must almost be compensation, which is the only instrument behind it. And then we choose a conventional fine of 25,000 crowns to cover this, says Strandenæs.
He believes that there is nothing objectionable in the clauses, although they certainly could have been drafted better.
– But I do not see that there is proportionality between this clause and the retention of funds.
Lose state support for next year
The secretary of state in the Ministry of Education, Grunde Almeland (V), says this about why Born Free loses state support for next year.
– The decision is based on a clear recommendation from IMDi. It came on the basis of an external report showing that financial management in the organization has not been satisfactory and in accordance with the authorities’ requirements for sound financial management, says Almeland.
In the state budget, the government is in favor of the 6 million crowns that should have gone to Born Free next year, now it goes to the application-based grant scheme, so that more organizations can apply for funding for work against, among other things, negative social control.
It is the Storting who finally decides whether Born Free will receive support for next year.
Regarding the dispute over the grant payment for the second half of this year, Født Fri has responded to IMDi’s arrest notice. IMDi will now process the response, before making a final decision on support for the second half of the year.
