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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;
  • the sanctions imposed on non-governmental organisations, in particular the level of fines and the use of enforced dissolution, are not always proportionate to the failings that give rise to them.

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