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PUBLIC APPEAL regarding compliance with decision-making transparency and inclusiveness when adopting the draft law on non-commercial organizations
30 April 2020
Civil society organizations welcome the Parliament's intention to resume the process of consultation and finalization of the draft law regarding non-commercial organizations and call for the adoption of the law, real decision-making transparency and the involvement of all relevant civil society organizations in the process of consultation and finalization of the draft.
Civil society organizations welcome the Parliament's intention to resume the process of consultation and finalization of the draft law regarding non-commercial organizations and call for the adoption of the law, real decision-making transparency and the involvement of all relevant civil society organizations in the process of consultation and finalization of the draft. On April 15, 2020, the Legal, Appointments and Immunities Committee of the Parliament of the Republic of Moldova sent letter CJ-04 no. 62 of civil society organizations, requesting their opinion in order to finalize the draft law no. 109 of April 3, 2018 (Law on non-commercial organizations). The draft law was adopted in the first reading almost two years ago, on 3 May 2018. The draft transposes the best practices and standards on freedom of association recommended by the Venice Commission and the OSCE/ODIHR. It simplifies the registration of non-commercial organizations and removes the rigid internal organizational structure imposed by current legislation. The draft limits the possibilities of exerting pressure on non-commercial organizations and excludes unjustified limitations for the founding of non-commercial organizations by certain categories of persons. With regard to political activity, it establishes an absolute ban on non-commercial organizations from supporting candidates in elections and establishes clear limits on relations between non-commercial organizations and political parties. The project also establishes the framework legislation regarding the financing or state support of non-commercial organizations, an area insufficiently regulated by the current legislation. It does not require re-registration of non-commercial organizations and does not limit their external funding. The project was developed with the involvement of civil society, was subjected to repeated public consultations by the Ministry of Justice and was improved as a result. The project has been positively approved by relevant international organizations. The signatory organizations welcome the Parliament's intention to resume the process of consultation and finalization of the draft law no. 109, which he interprets including as a response to the public appeal of March 3, 2020 signed by more than 20 civil society organizations. The signatory organizations then requested the Parliament to vote on the draft in the final reading, not to admit amendments that would hinder the work of non-commercial organizations, as well as to consult civil society organizations on any proposal to amend the draft in a transparent and inclusive manner. In order to finalize the draft law and considering in particular the context of the COVID-19 pandemic, in which we are forced to maintain physical distance and which makes it difficult to participate in the decision-making process, the signatory organizations request: Real-time publication on the Parliament page dedicated to the project of the version updated draft law no. 109 to be discussed by the Legal, Appointments and Immunities Committee; · Publication of possible amendments to draft law no. 109, as well as all opinions, comments or objections submitted and registered, which were received up to the date of receipt of this appeal; · Constant updating of the Parliament's page dedicated to the project with all opinions, comments or objections to be received in the process of finalizing the project, within a maximum of 24 hours from their receipt; · Transparent and inclusive consultation of relevant civil society organizations from the perspective of expertise and field of activity, which have been involved so far in the process of drafting this law, regarding any proposal to amend the project, including the use of the Consultative Platform of civil society representatives in addition to the Parliament of the Republic of Moldova, as well as the National Platform of the Eastern Partnership Civil Society Forum; · Ensuring the online transmission of the meeting of the Legal Commission, Appointments and Immunities where the draft law will be discussed and facilitating the participation of civil society organizations and especially of all members of the working group that contributed to the drafting of the draft law. Participation can also take place through electronic means of participation (Skype, Zoom or other tools); Adoption without delay in the final reading of the draft Law on non-commercial organizations, without admitting amendments that would make the activity of non-commercial organizations more difficult, especially under the aspects related to the limitation of freedom of expression, the possibility of promoting public policies or accessing funds external by non-commercial organizations. This will also contribute to meeting the general requirements for the Republic of Moldova to obtain the second tranche of the macro-financial assistance offered by the European Union. Signatory organizations: 1. Legal Resources Center of Moldova (CRJM) 2. East European Foundation 3. Contact Center 4. Soros-Moldova Foundation 5. Center for Independent Journalism (CJI) 6. Independent Press Association (API) 7. Association "Terra-1530" 8. Association for Efficient and Responsible Governance (AGER) 9. AO AVE Copii 10. Partnership Center for Development (CPD) 11. Promo-LEX Association 12. "WatchDog.MD" Community 13. Institute for Policies and European Reforms (IPRE) 14. IDIS "Viitorul" 15. Organizational Training and Consulting Center (CICO) 16. Eco-Răzeni Public Association 17. Public Policy Institute (IPP) 18. BIOS Public Association 19. INFONET Alliance 20. Foundation for Development 21. Association for the Rehabilitation of the Disabled from the Republic of Moldova (ARIM) 22. Center for Training and Educational Development (CIDE) 23. Union of Organizations of the Disabled from the Republic of Moldova (UOI RM) 24. International Association of Keepers of the Dniester River "Eco-Tiras" 25. Associate Public Association "Caroma Nord" 26. European Institute of Political Studies from Moldova 27. LDA Moldova 28. EcoContact 29. Association for Participatory Democracy "ADEPT" 30. Rehabilitation Center for Victims of Torture "Memoria" 31. National Youth Council of Moldova 32. Expert Group 33. AO Certitudine 34. AO International Center "La Strada" 35. Association for Foreign Policy (APE) 36. Automobile Club of Moldova 37. INVENTO 38. "MilleniuM" Development Training Institute 39. CPR Moldova 40. Amnesty International Moldova 41. Alliance of NGOs active in the field of Child and Family Social Protection (APSCF) 42. Eco Sor Public Association