European experts called for the liberalization of legislation on NGOs

Baku / 24.04.17 / Turan: The legislation of Azerbaijan does not comply with European standards. This conclusion follows from the "Recommendations on bringing the law and practice of Azerbaijan in the field of NGO activities in line with the standards of Europe."  This document was developed within the framework of the project "Dialogue with the civil community of Azerbaijan", implemented by the EU and the Council of Europe. The document recommends numerous amendments to the legislation and other legal acts of the country in the field of NGOs.

In particular, it is necessary to revise the amendments made in 2009-2016. Changes and additions to the Civil Code; Laws on NGOs; On state registration and state restraint of legal entities; On grants; Code of Administrative Offenses and the Tax Code, as well as regulatory and legal acts. Experts believe that the legislation should be based on the norms of the European Convention of Human Rights and other international documents, to which Azerbaijan joined. The basic principles of these documents are the recognition of NGOs as voluntary and self-governing structures, not their submission to the instructions of state bodies.

On the other hand, NGOs should be able to challenge the actions or inaction of state bodies interfering in their work. NGOs should have the right to engage in any activity that does not contradict the Constitution and laws. Thy should not be prohibited from carrying out political and religious activities. NGOs have the right to discuss issues of constitutional and legal changes and to make judgments on these issues if they do not contradict democratic principles.

According to the recommendations, the activities of NGOs that do not have state registration can not be banned or restricted. The lack of registration does not mean that the NGO is illegal. No residence in the country can interfere with the establishment of an NGO. The requirement that the deputy representation of a foreign NGO should be a citizen of Azerbaijan should be excluded from the legislation. Also, the requirement for the need for statutory capital to create funds should be eliminated. This does not encourage the creation of public funds, but also hinders their establishment. Registration of NGOs should be in online form. The template statute should be automatically approved.

There should be no requirements for donations through banks. Through the banks can be transferred large cash donations. If there are legitimate suspicions of illegal activities, then NGOs can demand reports. There should be no obligation to disclose the donor unless convincing evidence is provided that the funds allocated to NGOs can be used for criminal purposes. Restrictions on receiving foreign aid can be exercised only on the basis of legislation on combating money laundering, combating terrorism, financing elections and political parties. The requirement to register grants and service contracts should also be eliminated. The requirement to conclude separate agreements on the registration of branches and foreign representations of NGOs should be canceled.

For foreign NGOs should be provided the same rules as for the local. The number of branches can not be determined. NGOs should provide information about legal addresses. It is unacceptable to require information about each member of the NGO, its home address.There should not be any control over the implementation of NGO activities not provided for in its charter. Inspections in the field can be if there are reasonable suspicions of serious violations.

 The law  proposed to remove the rule on the possibility of suspending the activities of NGOs. Elimination of NGOs can be in the event of serious violations of law by NGOs. The recommendations call on government agencies and courts to change attitudes toward NGOs, simplify their activities, and remove barriers to obtaining grants.-03D06-