A/HRC/44/50/Add.2
Organizations Act, which retains many features of the Welfare Organizations Act from preindependence times.
87.
The registration body for private voluntary organizations is the Registrar and the
Private Voluntary Organizations Board, which is composed of representatives of six
ministries and three private voluntary organizations. Registration for private voluntary
organizations who want to operate in the country is mandatory. The Act prohibits any
individual from managing or collecting funds on behalf of an unregistered association and
establishes a pecuniary sanction or imprisonment in case of violation.
88.
The Special Rapporteur considers that the law provides for an onerous, lengthy and
complex registration procedure that requires a significant amount of detailed information
about an association and the submission of additional documents at the discretion of the
Registrar. Applications are required to include proof of a public notice in national
newspapers providing for objections to be made. If an association is denied registration due
to their political activities or under vague circumstances there is no system to challenge
such a decision.
89.
In the case of foreign organizations, the private voluntary organization must
conclude a memorandum of understanding with the Government before starting the
registration process under the Private Voluntary Organizations Act. These memorandums
of understanding can be requested at the national or local level depending on the
jurisdiction in which the organization intends to operate. General Notice 99 of 2007
requires an international organization to file its application with the Registrar of private
voluntary organizations. Application documents must include a curriculum vitae and an
Interpol or local police clearance certificate for the country representative, as well as the
additional requirements established by the Private Voluntary Organizations Act.
90.
In addition to the requirements under the Private Voluntary Organizations Act, as a
matter of practice, domestic associations are also required, based on inconsistent criteria, to
sign memorandums of understanding with local authorities in order to operate in the
country. From his meetings with local authorities, the Special Rapporteur understood that
the memorandums of understanding were useful for strengthening the coordination efforts
of various development initiatives at provincial and district levels to ensure that the
operations of private voluntary organizations were in fact complementary to ongoing
government initiatives. The Special Rapporteur believes that signing a memorandum of
understanding should not be used to undermine an organization’s independence or create
additional obstructions in their operations. Additionally, he is concerned about allegations
in relation to onerous processes, including payment of additional fees, interference with an
organization’s activities and, in some instances, unilateral termination of memorandums of
understanding.
91.
The Private Voluntary Organizations Act does not foresee limitations in terms of the
number of founders, nor a minimum amount of capital for the establishment of a private
voluntary organization. However, there is an express prohibition on individuals who have
been convicted of a criminal offence involving dishonesty under statutory or common law
within the past five years from holding a position in an organization.
92.
Section 21 of the Private Voluntary Organizations Act grants wide discretionary
powers to the Minister of Public Service, Labour and Social Welfare and to the Private
Voluntary Organizations Board to interfere in the internal governance of an organization,
under different grounds, including perceived lack of compliance with its objectives or
constitution, maladministration, illegal activities, or when “necessary or desirable” in the
public interest. Another barrier relates to the authority of the Minister under section 20 to
inspect “any aspect of the affairs or activities” of any association.
93.
The law is silent in providing a time period for the review process and informing the
organization of the full reasons for suspending its registration. Any affected individual may
appeal against the decision of both the Board and the Minister based on the Administrative
Justice Act.
94.
Considering the excessive limitations, multiple challenges and harsh sanctions
provided in the Private Voluntary Organizations Act, many non-governmental
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