Review of the Legal Framework
regarding the NGO sector in Mauritius
Pierre Rosario DOMINGUE
Chief Executive Officer
Law Reform Commission
Thursday, November 16, 2006
1
Research Methodology
• Legal Research
– International Law
– Constitution of Mauritius
– Laws, regulations relating to NGO Sector
– Court decisions affecting NGO Sector
• Field Research
– Interviews with Stakeholders
– Government bodies / NGO representatives / local and
international donor organizations
Definition:
What do we mean by “NGO”?
• NGO = non-governmental organization dedicated to a
not-for-profit mission
• Includes multiple organizational forms:
– Associations (whether registered or informal groups)
– Youth clubs / organizations
– Sports clubs / organizations
– Nonprofit companies
– Charitable trusts
– Waqf trusts
– Certain organizations established by Act of Parliament
• Excludes some civil society organizations:
– Political parties
– Trade unions as regulated by the Industrial Relations Act
– Cooperatives
Importance of Legal Framework
• To ensure that fundamental rights and freedoms
(freedom of association) are made real
• To ensure groups can pursue wide range of legal goals,
affirming stability, tolerance, pluralism
• To empower NGOs to meet social and community needs
and public benefit and to fill the gaps in government
services
• To ensure greater trust and cooperation between
Government and NGO sectors
• By promoting civil society, democracy and stability, to
strengthen the development of economic prosperity and
a market economy
Importance of Legal Framework
• To define NGOs clearly (as distinct from government and
from for-profit companies)
• To facilitate the establishment and registration of NGOs
• To ensure integrity and good governance of NGOs:
internal standards
• To ensure minimum standards of transparency and
accountability: external supervision
• To ensure reasonable opportunities for financial
sustainability
• To create a framework for meaningful NGO/Government
cooperation
Standards of Assessment
• Good regulatory approaches: Compliant
with international law and “best practices”
• Problematic regulatory approaches:
Divergent from “best practices” and not
responsive to government/NGO concerns
Recommendation #1
• Introduce Legal Distinctions between
Different Kinds of Organizations
– Distinguish meaningfully between large and
small associations, which will trigger distinct
regulatory treatment
– Provide for meaningful charitable status, with
clear criteria and procedures, benefits and
obligations
Recommendation #2
• Streamline Registration Process for
Associations
– Introduce time limits for government review of
registration applications (ex: 30 days)
– Introduce simplified process for amendments
to governing documents (notification for non-
substantial changes, approval within time limit
for substantial changes)
Recommendation #3
• Improve the Transparency and
Accountability of Associations
– Ensure register of associations is genuinely
and easily accessible
– Eliminate expenditure limits
– Impose graduated reporting/auditing
requirements (based on size of association)
– Include additional provisions relating to
conflict of interest, duties and liabilities of
office bearers
Recommendation #4
• Improve Fiscal Framework for NGOs
Engaged in Charitable Activity
– Provide for clear definition of charitable status
– Provide for clear procedures to attain status
– Provide for clear benefits attached to status
– Provide for accompanying transparency and
accountability requirements
Recommendation #5
• Improve Fiscal Framework for NGOs
Engaged in Charitable Activity
– Provide framework for financing of NGOs
Recommendation #6
• Elaborate and Implement Comprehensive
Policy for Improved Government / NGO
Cooperation
– Unilateral government policy statement
toward NGOs or bilateral agreement with
framework for cooperation
– To include issues such as communication,
consultation, funding
Recommendation #7
• Technical assistance to law-drafters on
specific changes
• Improved capacity for government staff to
ensure smooth implementation of legal
framework
• Education for NGO sector on rights and
responsibilities under legal framework
Conclusion
• Gap between law as written and implementation
• Need for law Reform though Legal Framework
Consistent with good regulatory practice in many
ways