1. NGO/Associations Law- Benchmarks for a law that meets International Standards/Principles March 2010

2. 3 Key International Principles  State duty includes an accompanying obligation to ensure that the legislative framework relating to freedom of association and civil society is appropriately enabling, and that the necessary institutional mechanisms are in place to ensure the recognized rights to all individuals.  Within the limits prescribed by law, every organ of state must determine and co-ordinate the implementation of its policies and measures in a manner designed to promote, support and enhance the capacity of nonprofit organisations to perform their functions.  State interference is only justified where it is prescribed by Law to further a legitimate government interest and necessary in a democratic society.

3. 1. The Right to Entry ( freedom of association)  International law protects the right of individuals to form, join and participate in civil society organizations.  Broad scope of right. Freedom of association protects individuals in their right to establish a wide range of civil society forms, including trade unions, associations, and other types of NGOs.

4.  ….system, must ensure that the process is truly accessible, with clear, speedy, apolitical, and inexpensive procedures in place.  Individuals are not required to form a legal entity in order to enjoy the freedom of association.

5. Articles and Provisions: Creation of a Civil Society Organisation  Right not to register  Quick, easy and inexpensive registration process – one stop shop  180 days to carry out first registration.  Government response must be quick to ensure NGOs can effectively conduct activities. E.g. 20 working days  Smaller NGOs easier process.

6. 2. Right to Pursue a Broad Range of Objectives International law recognizes the right of individuals, through NGOs, to pursue a broad range of objectives. Permissible purposes generally embrace all ‘legal’ or ‘lawful’ purposes and specifically includes the promotion and protection of human rights and fundamental freedoms.

7. Articles and Provisions: Permitted purposes and activities  Right to engage in activities for the public interest/mutual benefit  Right to promote and protect human rights  Right to participate in framing and debating public policy and right to speak freely about all matters of public significance

8. 3.The Right to Operate Free from Unwarranted State Interference  Once established, NGOs have the right to operate free from unwarranted state intrusion or interference in their affairs. International law creates a presumption against any state regulation that would amount to a restriction of recognized rights.

9.  State interference can only be justified where it is prescribed by law, to further a legitimate government interest, and necessary in a democratic society  It is incumbent upon the state to ensure that applicable laws and regulations are implemented and enforced in a fair, apolitical, objective, transparent and consistent manner.

10. Articles and Provisions: Termination of Activities  Unacceptable to have appeals conducted by MOI and Courts.  New independent/autonomous appeals committee could be an alternative  Time limits need to be in place for decisions/process  Suspend specific activity not NGO