Workshop on PBO Amendments in Moldova

23-06-2010
ECNL in cooperation with CReDO organized a workshop on PBO international experience and local implementation.

The workshop was organized within the framework of Moldova Civil Society Strengthening Program implemented by ECNL in cooperation with the Academy for Educational Development (AED) and with the support of the United States Agency for International Development (USAID).

The workshop convened some 20 participants from the NGO sector and government. The meeting introduced the suggested changes and offered a European perspective on the relevant issues of PBOs regulation. Mr. Aurel Baiesu from the Legislative Committee of the Parliament passed his word to the NGOs. He mentioned that the passed PBO amendments are “the first step to make activities of NGOs more transparent.” Ms. Elena Gritco, the head of the NGO department at the Ministry of Justice, talked more about the issues the Certification Commission (CC) currently faces and the role the new amendments will have on the sector. Mr. Serghei Ostaf, CReDO, and Mr. Vlad Melnic, Eurasia Foundation (also a member of the CC) talked about the practical changes and reflected on whether these changes can benefit the sector.

Generally, the speakers supported the new legal provisions and considered them as a significant improvement for the sector. However, opinions were expressed that especially for the local NGOs the process of PBO registration might become even more challenging and would prevent a significant number of organizations from keeping their PBO status or acquiring it.

Ms. Nilda Bullain, ECNL, made a presentation with a focus on the fact that effective PBO status calls for a balance between the obligations undertaken by a NGO and the benefits provided by the state that it can enjoy in return. The adopted amendments provide in principle for considerable benefits, but these have yet to be implemented in practice. The amendments to the Law on Public Associations concerning the status of public benefit organizations (PBOs) were approved in the second reading and are now pending promulgation. The approved amendments include provisions on the public benefit organizations, Certification Commission and in addition address the issue of registration of those organizations that were subject to re-registration after the changes into the Law on Public Associations in 2007.

MCSSP is a three-year effort funded by the United States Agency for International Development (USAID) and implemented by Academy for Educational Development (AED). The purpose of the program is to strengthen representative democracy in Moldova through support for a constituent-driven, financially viable civil society sector. The program objective of strengthening the legal and fiscal framework for CSOs is implemented by the European Center for Not-for-Profit Law (ECNL) with the support of AED and seeks reforms in six priority areas: Civic Associations; Public Utility Organizations; Fiscal Framework for CSOs; possible enactment of the draft “Percentage Law”; Government Contracting of Services; and Volunteerism.