Law on Freedom of Association enforced in Kosovo

08-04-2009
The adoption of the law is part of establishing the national legal framework for Kosovar nonprofits.

The new Law on Freedom of Association in Non-Governmental Organizations (No. 03/L-134) came into force in the Republic of Kosovo replacing the previous UNMIK Regulation 1999/22. The Law was approved by the Assembly on February 12, 2009 and enacted by a Presidential decree No.DL-002-2009 on March 6, 2009.

According to the Rules of Procedure for the Assembly of the Republic of Kosovo, the Committee for Public Services, Local Administration and Media at the Assembly appointed a working group for the review of the draft law. The working group based their work on a participatory approach and actively involved NGOs in the process of discussions.

As a result an improved draft law was submitted for voting, e.g. a provision entitling the NGO Department to monitor NGO activities was removed from the final draft. The present Law on Freedom of Association in Non-Governmental Organizations sets out rules for establishment, registration, internal management, activities and termination of non-governmental legal bodies registered as NGOs in Kosovo.

The law emphasizes the equality of all persons under the law to enjoy the full freedom of association. It clarifies the notion of an NGO; provides their classification and internal structure; deals extensively with the conflict of interest situations and independence from political parties. The document outlines legal requirements for establishing an NGO and acquiring a public beneficiary status. It also specifies requirements applicable to the foreign organizations that operate in Kosovo. The Law outlines the reasons for termination of an NGO and its removal from the public registry. It also clarifies the procedure of appeal.

The full text of the Law can be found in the Official Gazette of the Republic of Kosovo of March 24, 2009 at www.gazetazyrtare.com.