1. AN ENABLING LEGAL ENVIRONMENT FOR NGOs Dr. Dragan Golubovic European Center for Not-for-Profit Law

2. Copyright 2007. ICNL. All Rights Reserved. Civil Society Under Threat (David Moore) Regulatory backlash against NGOs Regulatory backlash against NGOs Restrictive regulations/practices introduced in 20+ countries since 2005 Restrictive regulations/practices introduced in 20+ countries since 2005 Global trend Global trend Africa: Eritrea, Sudan, Tanzania, Zambia, ZimbabweAfrica: Eritrea, Sudan, Tanzania, Zambia, Zimbabwe Asia: China, Vietnam, Malaysia, NepalAsia: China, Vietnam, Malaysia, Nepal NIS: Belarus, Kazakhstan, Russia, Azerbaijan, Uzbekistan.NIS: Belarus, Kazakhstan, Russia, Azerbaijan, Uzbekistan. Middle East: Iraq, Egypt, JordanMiddle East: Iraq, Egypt, Jordan Latin America: VenezuelaLatin America: Venezuela

3. Copyright 2007. ICNL. All Rights Reserved. PERCEIVED LEGAL BARRIERS 1) Barriers to Entry 2) Barriers to Operational Activity 3) Barriers to Speech / Advocacy 4) Barriers to Contact / Cooperation 5) Barriers to Resources

4. Copyright 2007. ICNL. All Rights Reserved. AN ENABLING LEGAL ENVIRONMENT FOR NGOs FRAMEWORK REGULATION. FRAMEWORK REGULATION. FAVORABLE TAX TREATMENT FOR NGOs AND DONORS. FAVORABLE TAX TREATMENT FOR NGOs AND DONORS. VIABLE AND TRANSPARENT MECHANISM OF PUBLIC FUNDING. VIABLE AND TRANSPARENT MECHANISM OF PUBLIC FUNDING. INSTITUTIONAL FRAMEWORK FOR PUBLIC PARTICIPATION. INSTITUTIONAL FRAMEWORK FOR PUBLIC PARTICIPATION.

5. Copyright 2007. ICNL. All Rights Reserved. AN ENABLING LEGAL ENVIRONMENT FOR NGOs CHALLENGES: CHALLENGES: BINDING INTERNATIONAL STANDARDS PERTAIN TO FRAMEWORK REGULATION – AND FOR MEMBERSHIP ORGANIZATIONS ONLY (ASSOCIATIONS). BINDING INTERNATIONAL STANDARDS PERTAIN TO FRAMEWORK REGULATION – AND FOR MEMBERSHIP ORGANIZATIONS ONLY (ASSOCIATIONS). FOUNDATIONS (NON-MEMBERSHIP ORGANIZATIONS) ARE NOT DIRECTLY PROTECTED BY THOSE STANDARDS. FOUNDATIONS (NON-MEMBERSHIP ORGANIZATIONS) ARE NOT DIRECTLY PROTECTED BY THOSE STANDARDS. NO BINDING INTERNATIONAL STANDARDS FOR OTHER COMPONENTS OF THE ENABLING LEGAL ENVIRONMENT FOR NGOs (taxes, public financing, public participation). NO BINDING INTERNATIONAL STANDARDS FOR OTHER COMPONENTS OF THE ENABLING LEGAL ENVIRONMENT FOR NGOs (taxes, public financing, public participation).

6. Copyright 2007. ICNL. All Rights Reserved. AN ENABLING LEGAL ENVIRONMENT FOR NGOs COE RECOMMENDATIONS (2007/14) COE RECOMMENDATIONS (2007/14) GOAL: TO SET MINIMUM STANDARDS FOR AN ENABLING LEGAL ENVIRONMENT FOR NGOs. GOAL: TO SET MINIMUM STANDARDS FOR AN ENABLING LEGAL ENVIRONMENT FOR NGOs. RECOMMENDATIONS NOT LEGALY BINDING: RECOMMENDATIONS NOT LEGALY BINDING: A POLITICAL DOCUMENT (REFLECTS POLITICAL COMMITTMENT OF COE MEMBER STATES TOWARDS AN ENABLING ENVIRONMENT FOR NGOs. A POLITICAL DOCUMENT (REFLECTS POLITICAL COMMITTMENT OF COE MEMBER STATES TOWARDS AN ENABLING ENVIRONMENT FOR NGOs.

7. Copyright 2007. ICNL. All Rights Reserved. AN ENABLING LEGAL ENVIRONMENT FOR NGOs COE RECOMMENDATIONS (2007/14): COE RECOMMENDATIONS (2007/14):CONTENT: FRAMEWORK REGULATION FOR NGOs. FRAMEWORK REGULATION FOR NGOs. PUBLIC FINANCING OF NGOs. PUBLIC FINANCING OF NGOs. INSTITUTIONAL MECHANISM OF PUBLIC PARTICIPATION. INSTITUTIONAL MECHANISM OF PUBLIC PARTICIPATION. THEY DO NOT DEAL WITH TAX TREATMENT OF NGOs. THEY DO NOT DEAL WITH TAX TREATMENT OF NGOs.

8. Copyright 2007. ICNL. All Rights Reserved. AN ENABLING LEGAL ENVIRONMENT FOR NGOs COE RECOMMENDATIONS (2007/14): COE RECOMMENDATIONS (2007/14): EDUCATIONAL TOOL FOR KEY STAKEHOLDERS. EDUCATIONAL TOOL FOR KEY STAKEHOLDERS. POWERFULL ADVOCACY TOOL FOR NGOs. POWERFULL ADVOCACY TOOL FOR NGOs.