Laws, administrative procedures and requirements governing the operation
of NGOs
65. Human rights defenders should be able to form groups or associations without an
obligation to register or obtain legal personality in order to pursue their activities.
The exercise of the right to freedom of association is not contingent on registration, and human rights defenders must not be criminalized for not registering a
group or association. Any offences related to activity on behalf of an unregistered
organization, including in relation to funding, should be promptly removed from
legislation.
66. Formal registration and procedures to acquire legal personality should be avail-
able as an option to empower human rights defenders in carrying out their work in
association with others, for example, for the purpose of accessing benefits or other
support that may only be available to legal persons. In general, the legislative and
administrative framework should be designed to assist human rights defenders in
creating organizations or groups and not to stigmatize them for their legitimate
activities.
67. Laws and administrative procedures for NGOs to register officially or to obtain legal
personality – if they so wish – should be clear and simple and not discriminatory.
They should not impose undue and burdensome requirements on the organizations that may obstruct their work or unduly distract resources from their human
rights activities. Any administrative and financial reporting requirements must be
reasonable and provided for in law. Any inspections of NGO offices and financial
records must have a clear legal basis and be fair and transparent. Audits should
be specifically regulated by legislation. Such legislation should clearly define in
an exhaustive list the grounds for possible inspections and the documents that
need to be produced during the inspection. Furthermore, it should provide for a
clearly defined and reasonable period of prior warning and maximum duration of
inspections.
68. In overseeing compliance with reasonable requirements, authorities shall respect
the independence and autonomous decision-making capacity of NGOs. They must
not interfere with their internal affairs, management, planning and implementation of activities. They should respect the confidentiality of their internal matters
and refrain from interfering by surveillance, infiltration or other means. The oversight and audit of NGOs should not be invasive, intrusive or paralyzing.
69. Where reasonable requirements for the registration or operation of NGOs are not
met, the oversight or registration bodies should always give adequate warning so
that corrections can be made. Members of human rights organizations must not be
punished for non-compliance with unreasonable administrative or other requirements. Sanctions for the failure to comply with legitimate administrative requirements should be proportionate.
14
Guidelines on the Protection of Human Rights Defenders
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