Legislation on NGOs does not comply with CE and OSCE standards - examination
Baku / 14.08.17 / Turan: Within the framework of the criminal case investigated by the Investigation Department for Serious Crimes of the Azerbaijani Prosecutor General's Office from 2014, 10 foreign NGOs have been subject to tax fines and freezing of bank accounts. Similar sanctions were also applied in and against 17 local NGOs. The total amount of tax sanctions was AZN 3 million, reads the conclusion released today by the Elections Monitoring and Democracy"s Studies Center (EMDS) entitled: "Legal restrictions on the activities of civil society structures in Azerbaijan". The problem was investigated in the light of the practices of the countries included in the EU Eastern Partnership (Azerbaijan, Georgia and Armenia, Ukraine and Belarus.)
The analysis sought to identify shortcomings in Azerbaijani legislation in this area.
The report states that because of the criminal case against NGOs, 10 local NGOs, as well as 26 civil activists and journalists, were banned from leaving the country. It is also stated that Azerbaijani legislation does not meet the standards of the Council of Europe and the OSCE. The difference lies in the numerous limitations.
"The legislation of Azerbaijan is very long for registration of NGOs and they contradict the recommendations of the Venice Commission of the Council of Europe. In addition, there are no reasons for refusing registration, "the report said.
There are also serious problems for financing NGOs, and especially from foreign sources.
"In Azerbaijan, a two-step registration is required for financing NGOs by foreign donors. At the same time, the criteria for registration are vague and give the government agencies broad powers.
Sanctions against NGOs are more extensive than in other countries of the Eastern Partnership.
In addition, the basis for forcible stoppage of activities or liquidation of NGOs is arbitrary," the report concluded.
Local legislation on NGOs is contrary to Article 11 of the European Convention on Human Rights (freedom of association), recommendations of the Council of Europe and the Venice Commission. In conclusion, nine recommendations were put forward to the government, which include simplifying the registration of NGOs and grants, facilitating financing, and mitigating sanctions against public associations.
The official structures have not yet responded to the report. However, the government rejects criticism due to the unfavorable environment for NGOs, pressure on civil society. -06D-
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