Strengthening the voluntary sector

The Bill entitled an 'Act to regulate voluntary organisations and their administration' has raised much concern among not-for-profit civil society organisations, and for a number of very important reasons.

In 2 (2) voluntary organisations are defined in terms including "charity", "charitable", "non-profit", "non-profit making", "philanthropic", "social purpose", "voluntary organisation", "and variations or derivatives thereof" but "not-for-profit civil society organisations" are not identified as a separate group.

The term NGOs commonly found in EU texts and generally referred to in Malta, is also missing in the Bill. There is also no reference to "advocacy" independent voluntary organisations. This omission raises a crucial issue: a clear distinction between government-appointed organisations and organisations that are purely voluntary is completely missing.

As NCW has strongly expressed during the consultation period, acknowledging this distinction should be the cornerstone of the legislation, so that entitlement to consultation, participation and dialogue, as well as benefits and rights, will also reflect the distinction in the legislative framework. It is only through the law that independent voluntary organisations can be rightfully recognised.

The Bill refers to the "purpose" of voluntary organisations, but it should also refer their "method of establishment", whether government-appointed or voluntary and autonomous, thus ensuring a clear legal distinction between government-appointed bodies, commissions, agencies, etc., and voluntary organisations.

Failing to do so will be a disservice to the very existence of NGOs.

Legislation should aim to present a simple and clear legal structure, within which the voluntary sector can operate ensuring due recognition, accountability and credibility, and the proper functioning of NGOs that represent a large number of individuals whose contribution to society, both socially and economically, should be enhanced to meet today's development in line with the principles of civil dialogue and participative democracy.

Appointment of Commissioner

NCW believes that the Commissioner should be appointed by Parliament as the responsibilities that such an office carries are very far-reaching. Separation of the regulatory and consultative functions is essential and therefore should be carried out by different individuals and/or committees.

Provisions should be made for the appointment of a commission with specific functions of the Commissioner and members of the commission so that the work can be carried out effectively and efficiently.

The consultative functions should be carried out by the council. The Commissioner should not occupy the post of deputy chairman to the council. This would make the separation of powers clear and impartial.

Powers of the minister

Criteria and justification for the appointment of a person to act in the office of the Commissioner during the latter's absence should be established a priori, as should be all other interventions by the minister listed in the Bill.

Appointing a commission to assist the Commissioner together with one deputy is more appropriate, as decisions can be taken more democratically and impartially.

Functions of the Commissioner

A number of functions listed encroach on the autonomy of the voluntary organisations and should be exercised with caution and only if there are serious grounds of suspicion. The Commissioner's functions should not infringe on the autonomy of the organisations, their mission statement and voluntary personality

Another concern is the legal status of the statute of a voluntary organisation. The Bill should ensure that the statute legally guarantees their autonomy and only in the absence of provisions in the statute should the Commissioner intervene, especially in the case of the organisation's dissolution.

Best practices should be continually sought to ensure that the autonomy of not-for-profit organisations is not unnecessarily hampered. NCW believes that voluntary organisations should be encouraged to improve governance and operations; the more steps are taken to regulate themselves, the less should be required in terms of external regulatory mechanisms.

As the current Bill deals only with registration and regulation, it is important that rules of procedure are in place and that the necessary instruments are set up which will allow organised civil society to participate in discussions, be consulted and to intervene formally in the collective decision-making process, which actually influence the policies in structured civil dialogue.

In addition, organisations need to be representative of a particular sector. In order to be considered representative, organisations must meet certain criteria. NCW is currently studying representativeness criteria and the Council's proposals will be submitted to Dolores Cristina, Minister for the Family and Social Solidarity.