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 13