Strengthening the voluntary sector

At the launching of the NGO White Paper, Minister for the Family and Social Solidarity Dolores Cristina said the proposed legislation aims to present a simple, clear legal structure within which the voluntary sector can operate, ensuring due recognition, accountability and credibility.

The White Paper refers to another proposed Act, which will amend the Civil Code and will address the issues on legal personality.

Both Acts will be published simultaneously.

NCW, like many NGOs, welcomes this initiative, which it has been recommending for a number of years. It incorporates the first legal steps to ensure the recognition and 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.

One of the major concerns is the need for a clear distinction between government-appointed organisations and organisations that are purely voluntary. The recognition of the different status is important, and benefits and rights should also reflect the distinction.

The White Paper refers to the "purpose" of organisations, but it should also refer their establishment, whether government-appointed or voluntary, to be able to define "voluntary" or "not for profit" as appropriate to this proposed legislation.

The White Paper needs to propose a wider definition or classification of "not for profit" to include organisations whose mission statement aims at developing not only the potential of its members but whose initiatives are beneficial to different sectors of society, often at national level.

Such organisations are usually termed "change and development" organisations, which are different from "care and welfare" organisations. The broad definition holds that every organisation in society which is not part of government and which operates in civil society is a non-governmental organisation.

The White Paper includes a number of different organisations, among them Church organisations and professional bodies.

Legislation has to ensure a level playing field for all, especially in the case of funding, as we all know that NGO sources of funding are very limited.

Another concern is the legal status of the statute of a voluntary organisation. The White Paper 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 dissolution of an organisation.

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

This also ties up with the fact that the functions listed in the White Paper require more than the human effort of one individual to be carried out effectively and efficiently. NCW therefore proposes that the White Paper should make provisions for the appointment of a Commission with specific functions of the Commissioner and members of the Commission, including regulatory powers, while the consultative functions should be carried out by the Council, chaired by an individual other than the Commissioner.

The proposed legislation contains a strong positive basis to strengthen the voluntary sector in Malta. NCW is currently also studying best practices, in particular those provided by the Commonwealth Guidelines on NGOs, to ensure that the autonomy of NGOs is not hampered unnecessarily. NCW believes that NGOs should be encouraged to improve governance and operations; the more NGOs take steps to regulate themselves, the less should be required in terms of external regulatory mechanisms.