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Review of the Legal Framework regarding the NGO sector in Mauritius

Review of the Legal Framework regarding the NGO sector in Mauritius. Pierre Rosario DOMINGUE Chief Executive Officer Law Reform Commission Thursday, November 16, 2006. Research Methodology. Legal Research International Law Constitution of Mauritius

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Review of the Legal Framework regarding the NGO sector in Mauritius

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  1. Review of the Legal Framework regarding the NGO sector in Mauritius Pierre Rosario DOMINGUE Chief Executive Officer Law Reform Commission Thursday, November 16, 2006

  2. Research Methodology • Legal Research • International Law • Constitution of Mauritius • Laws, regulations relating to NGO Sector • Court decisions affecting NGO Sector • Field Research • Interviews with Stakeholders • Government bodies / NGO representatives / local and international donor organizations

  3. Definition: What do we mean by “NGO”? • NGO = non-governmental organization dedicated to a not-for-profit mission • Includes multiple organizational forms: • Associations (whether registered or informal groups) • Youth clubs / organizations • Sports clubs / organizations • Nonprofit companies • Charitable trusts • Waqf trusts • Certain organizations established by Act of Parliament • Excludes some civil society organizations: • Political parties • Trade unions as regulated by the Industrial Relations Act • Cooperatives

  4. Importance of Legal Framework • To ensure that fundamental rights and freedoms (freedom of association) are made real • To ensure groups can pursue wide range of legal goals, affirming stability, tolerance, pluralism • To empower NGOs to meet social and community needs and public benefit and to fill the gaps in government services • To ensure greater trust and cooperation between Government and NGO sectors • By promoting civil society, democracy and stability, to strengthen the development of economic prosperity and a market economy

  5. Importance of Legal Framework • To define NGOs clearly (as distinct from government and from for-profit companies) • To facilitate the establishment and registration of NGOs • To ensure integrity and good governance of NGOs: internal standards • To ensure minimum standards of transparency and accountability: external supervision • To ensure reasonable opportunities for financial sustainability • To create a framework for meaningful NGO/Government cooperation

  6. Standards of Assessment • Good regulatory approaches: Compliant with international law and “best practices” • Problematic regulatory approaches: Divergent from “best practices” and not responsive to government/NGO concerns

  7. Recommendation #1 • Introduce Legal Distinctions between Different Kinds of Organizations • Distinguish meaningfully between large and small associations, which will trigger distinct regulatory treatment • Provide for meaningful charitable status, with clear criteria and procedures, benefits and obligations

  8. Recommendation #2 • Streamline Registration Process for Associations • Introduce time limits for government review of registration applications (ex: 30 days) • Introduce simplified process for amendments to governing documents (notification for non-substantial changes, approval within time limit for substantial changes)

  9. Recommendation #3 • Improve the Transparency and Accountability of Associations • Ensure register of associations is genuinely and easily accessible • Eliminate expenditure limits • Impose graduated reporting/auditing requirements (based on size of association) • Include additional provisions relating to conflict of interest, duties and liabilities of office bearers

  10. Recommendation #4 • Improve Fiscal Framework for NGOs Engaged in Charitable Activity • Provide for clear definition of charitable status • Provide for clear procedures to attain status • Provide for clear benefits attached to status • Provide for accompanying transparency and accountability requirements

  11. Recommendation #5 • Improve Fiscal Framework for NGOs Engaged in Charitable Activity • Provide framework for financing of NGOs

  12. Recommendation #6 • Elaborate and Implement Comprehensive Policy for Improved Government / NGO Cooperation • Unilateral government policy statement toward NGOs or bilateral agreement with framework for cooperation • To include issues such as communication, consultation, funding

  13. Recommendation #7 • Technical assistance to law-drafters on specific changes • Improved capacity for government staff to ensure smooth implementation of legal framework • Education for NGO sector on rights and responsibilities under legal framework

  14. Conclusion • Gap between law as written and implementation • Need for law Reform though Legal Framework Consistent with good regulatory practice in many ways

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