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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';
  • the acts and omissions of persons who happen to be directors, officers or staff of non-governmental organisations are unjustifiably attributed to those  organisation with a view to justifying their enforced dissolution;
  • the use of enforced dissolution is not always proportionate to the failings that give rise it;
  • the grounds for enforced dissolution seem to be drawn with sufficient precision or to be applied in a manner consistent with the right to freedom of association or the promotion of civil society
  • the use of enforced dissolution is based on suppositions rather than clear evidence of improper conduct and intentions; and
  • there is either no judicial redress against enforced dissolution or it is insufficiently prompt where it is not possible to suspend the measure pending adjudication.

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