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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;
  • there are some undue controls over the freedom of non-governmental organisations to adapt their internal rules and structures and to establish and close branches which do not have a discrete legal personality;
  • the basis for challenges to the decision-making of non-governmental organisations by public authorities can be unduly wide and unconnected with legitimate public interests related to their regulation;
  • there is sometimes an unjustified possibility for enforced attendance by public officials at internal meetings of non-governmental organisations decision-making bodies;
  • the scope of obligations with respect to the auditing of accounts and reporting on activities is not always entirely clear and may not always be appropriate; and
  • significant influence can be exercised over decision-making by non-governmental organisations through the power of authorities to grant or withdraw public funding and through the participation of officials as board members, which does not always seem to be connected with legitimate public interests related to the regulation of non-governmental organisations.

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