The legal framework that regulates the activity of public associations contains shortcomings that hinder the functioning of the nongovernmental organizations. The fiscal framework on NGOs is also defective. In order to promote legislative changes and to help Moldovan civil society to become actively involved in the decision-making process, the Legal Resources Center of Moldova launched the project “Promotion of legal reforms and reform advocacy for encouraging a favorable environment for civil society organizations,” IPN reports.
In the roundtable meeting held to present the project, it was said that this project has three objectives: to improve the legal framework that regulates the organization and functioning of NGOs; to promote new legal provisions to ensure the fiscal and financial sustainability of NGOs, and to promote mechanisms to ensure the effective participation of NGOs in the legislative process at parliamentary level.
Ilie Chirtoaca, legal assistant at the Legal Resources Center of Moldova, said the law on public associations is generally sustainable, but contains many deficiencies owing to its ‘age’. It was adopted 18 years ago and includes outdated provisions. The law provides that only residents of Moldova can be members of the administration board of the NGOs, but such a provision hampers the attraction of renowned persons from abroad, who can help build a favorable image and increase the organizations’ visibility. The Center will request the Ministry of Justice to create a working group to amend the law and to bring it in compliance with the international standards. The group should include representatives of civil society who would submit proposals for improving it.
Vladislav Gribincea, the head of the Legal Resources Center, said the civil society organizations in Moldova exist mainly owing to grants. The NGOs often stop work when they do not have access to grants or foreign financing. They should thus have a reserve fund that would allow them to continue work. Therefore, the Center will suggest reviewing the 2% Law because it became unsuitable for civil society after it went through Parliament. It now stipulates that the money collected by NGOs from taxpayers should be spent during a year and only 5% of these resources can be used for administration-related matters. This provision does not allow the NGOs to create reserves to ensure their future.
Vladislav Gribincea noted that the fiscal framework on NGOs should also be reviewed, especially as regards the donations. Most of the donations are made by legal entities and only in Moldova these are taxed. The authorities should amend the legislation and make it friendlier towards donors.
Sorina Macrinici, legal adviser at the Legal Resources Center, said civil society in Moldova is inefficiently involved in the legislative process. At governmental level, most of the bills proposed for adoption are discussed with civil society, but when these reach Parliament some of them are modified radically. The Center aims to involve representatives of civil society in the process of analyzing the legislative initiatives and to submit proposals for amending the legislation so as to ensure the effective participation of civil society in the adoption of normative documents at parliamentary level.
To carry out the project activities, the Center will hold meetings and consultations with the NGO Council and other NGOs. The implementation of the project became possible owing to the generous support of the American people provided through USAID within the Moldova Partnerships for Sustainable Civil Society Project that is implemented by FHI 360.
