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Challenges


This page provides examples of legal and administrative issues encountered by NGOs organized by topic. Tell us about examples of challenges by clicking on 'Submit Information'

Entities to which International Guarantees Apply

   Challenges

The following problems regarding the types of non-governmental organisations exist:

  • formal prohibitions on establishing non-governmental organisations other than as entities with legal personality (...)
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Formation

   Challenges

The following problems regarding the formation of non-governmental organisations exist:

  • an unduly high minimum of founders required for the purpose of establishing a non-governmental organisation that is membership-based;
  • prohibitions on children, convicted persons, legal persons, non-nationals and public officials establishing non-governmental organisations that are absolute or unsupported by relevant and sufficient reasons;
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Membership

   Challenges

The following problems regarding membership of non-governmental organisations exist:

  • prohibitions on children, convicted persons, legal persons, non-nationals and public officials belonging to non-governmental organisations that are absolute or unsupported by relevant and sufficient reasons;
  • prohibitions on belonging to non-governmental organisation outside one's country of residence and/or nationality that are absolute or unsupported by relevant and sufficient reasons. Compulsion to admit members to a non-governmental organisation where this is not a measure to prevent unjustified discrimination;
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Acquisition of Legal Personality and Registration

   Challenges

The following problems regarding the acquisition of legal personality by non-governmental organisations exist:

  • the detailed information needed in some instances in order to secure registration or legal personality - where this is either required or desired - does not seem to correspond to any significant fiscal advantages that might provide an appropriate justification for the burden thereby imposed;
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Capacities to be Enjoyed by Non-Governmental Organizations

   Challenges

The following problems regarding the capacities that should be enjoyed by non-governmental organisations exist:

  • the failure to grant legal personality where this is sought in a timely and non-arbitrary manner;
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Objectives and Activities

   Challenges

The following problems regarding the objectives and activities of non-governmental organisations exist:

  • particular legal restrictions on the permitted objectives and activities of non-governmental organisations are not always consistent with entitlements under universal and regional human rights norms;
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Management And Internal Organisation

   Challenges

The following problems regarding the management and internal governance of non-governmental organisations exist:

  • the detailed requirements relating to internal governance are not appropriate for all forms of non-governmental organisations and there is sometimes an unwarranted discretion to impose additional ones at the registration stage seems unwarranted;
  • there is a lack of clarity as to the entitlement of all persons and in particular children and non-citizens to participate fully in the decision-making of non-governmental organisations;
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State Support and Financing

   Challenges

The following problems regarding public support and financing for non-governmental organisations exist:

  • the absence of any, or too limited, provision for such support and financing within the legal order;
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Accountability and Supervision

   Challenges

The following problems regarding the accountability and supervision of non-governmental organisations exist:

  • the level of regulation is not appropriate for all forms of non-governmental organisations and is not warranted in the public interest resulting in an undue restraint on their activities;
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Participation in Decision-Making and Law-Making

   Challenges

The following problems regarding public participation by non-governmental organisations exist:

  • a complete refusal to consult with non-governmental organisations about changes to law and policy and the fulfilment of international obligations or a willingness to do so only on a discriminatory and non-representative basis;
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Property and Income

   Challenges

The following problems regarding the property and income of non-governmental organisations exist:

  • undue restrictions on the sources of funding that can be exploited and in particular it is not possible to undertake economic activities and receive grants from abroad either at all or without considerable difficulty;
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Termination and Dissolution

   Challenges

The following problems regarding the termination and dissolution of non-governmental organisations exist:

  • the existence of undue pressure to dissolve 'voluntarily';
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Liability and Sanctions

   Challenges

The following problems regarding the imposition of liability and sanctions on non-governmental organisations exist:

  • there is a failure at times to distinguish between non-governmental organisations with legal personality and their directors, officers and staff as regards their respective liabilities and, even where such a distinction formally exists, the acts and omissions of persons who happen to be directors, officers or staff of such an organisation are unjustifiably attributed to that organisation;
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Security and Duty of Protection

   Challenges

The following problems regarding security and protection of non-governmental organisations exist:

  • the subjection of them, their members, directors and employees to discriminatory treatment, harassment, intimidation and violence;
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Foreign Associations and NGOs

   Challenges

The following problems regarding the operation of foreign non-governmental organisations exist:

  • there is no legal basis at all for them to operate;
  • they can only undertake activities after forming an entirely new organisation;
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Human Rights Defenders

   Challenges

The following problems regarding human rights defenders exist:

  • the failure to consult with non-governmental organisations on issues relating to the fulfilment of international obligations;
  • obstruction of the monitoring by human rights defenders of the implementation of universal and regional human rights norms;
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