User:Kchiuc/Nonprofit organization laws by jurisdiction

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Nonprofit organizations, also known as non-governmental organizations (NGOs), play a critical role in addressing social, economic, and environmental issues. These organizations operate under specific legal frameworks that are regulated by the respective jurisdictions in which they operate.

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Algeria

In Algeria, nonprofit organizations are regulated by Law No. 12-06 of 12 January 2012 on Associations. This law provides guidelines for the establishment, registration, and operation of nonprofit organizations. It sets out the requirements for formation, membership, governance, financial reporting, and dissolution of associations. Nonprofit organizations are required to register with the local authorities to obtain legal recognition and must comply with reporting obligations as stipulated by the law.

Algeria, during its third and fourth UN Human Rights Council universal periodic reviews, made a commitment to revoke Law No.12-06 of 2012 concerning associations and develop a new legislation. These reviews highlighted the significant limitations imposed by the existing law on the formation of associations, the registration procedures, funding, and the discretionary authority of the administration when it came to dissolving associations.

Burundi

In January 2017, Burundi announced an entry-into-force of a new law governing foreign NGOs. This law introduced ethnic quotas on foreign NGOs, designating that local staff must remain 60 percent Hutu and 40 percent Tutsi. In October 2018, Burundi's National Security Council announced an immediate suspension of a large number of foreign NGOs, with the exemption of hospital and school-based organizations. The suspended NGOs were required to present four documents reinforcing the organizations' commitment to banking regulations and ethnic staffing quotas, among others; or face deregistration.

Ethiopia

On March 12, 2019, the government of Ethiopia enacted a new law on civil society organizations (CSOs), the Organization of Civil Societies Proclamation No. 1113/2019 (CSO Proclamation). The CSO Proclamation replaces the Proclamation of Charities and Societies No. 621/2009 (2009 Proclamation). The 2009 Proclamation was criticized by many NGOs as extremely restrictive, requiring NGOs to report to the the Charities and Societies Agency; NGOs were also required to follow a '70/30' rule in which organizations were to allocate 70 percent of their budget to operational costs and 30 percent to administrative costs.

Kenya

Since 1990, the rights and obligations of nonprofits in Kenya have been regulated by the NGO Coordination Act, which in the eyes of many CSOs and even some politicians contains arduous and complex conditions for the sector. In 2013, the Public Benefits Organizations (PBO) Act was drafted as a replacement, aiming for a more transparent and efficient legal framework. However, it did not enter into force due to the general elections in March 2013.

Government-NGO relations deteriorated after the elections, primarily due to the involvement of Kenyan human rights NGOs in providing evidence against the new president and vice president to the International Criminal Court (ICC) regarding the post-election violence in 2007-2008. Local NGOs formed a protest coalition under the Civil Society Organizations Reference Group (CSORG) and adopted a two-track approach of lobbying MPs and mobilizing the public. They highlighted the negative socioeconomic impacts of the amendments, emphasizing the importance of the NGO sector for the Kenyan economy and service delivery.

The lobbying activities aimed to convince MPs that the amendments would harm their constituencies, while the public mobilization campaign sought to activate public pressure. Social media campaigns, media statements, petitions, and personal meetings were used to mobilize public support. External actors, including international non-governmental organizations (INGOs) and development partners, criticized the amendments and supported the socioeconomic narrative presented by the Kenyan NGO alliance. The proposed amendments to the PBO Act were rejected by the majority of parliamentarians, including those from opposition parties and the governing parties. The resistance from local NGOs, along with external support, played a role in this outcome.

South Africa

In South Africa, nongovernmental organizations are governed by the Nonprofit Organisations Act of 1997 (NPO Act). The NPO Act has been generally characterized as a "good" law, seeking to enable and assist civil society organizations in the country.

Zimbabwe

In February 2023, Zimbabwean President Emmerson Mnangagwa announced that he will sign into law the Private Voluntary Organization (PVO) Bill. The PVO Bill was introduced in 2021, seeking to restrict and supervise civil society in Zimbabwe.