In Tajikistan, a new draft law “On public associations” has been developed. The public is unhappy.
In Tajikistan, a new draft law “On public associations” has been developed, which is not supported by many public organizations of this country and needs, in their opinion, additional comments.
According to the director of the organization ICNL-Tajikistan and the NGO Society and Law, Muatar Khaidarova, “the government of the country through the Ministry of Justice of the Republic of Tajikistan initiated the development of the draft law. We only drew the attention of NGOs to this bill and prepared comments and proposals to the bill. ”
On December 2, 2005, a government decree “On the draft law on public organizations (associations)”, in accordance with Article 58 of the Constitution, approved the draft law and submitted it to the Majlisi namoyandagon Madzhlisi Oli of the Republic of Tajikistan (the country's parliament). It states that the current law has lost its force: “To consider the law of the Republic of Tajikistan dated May 21, 1998“ On public associations ”invalid if the legislative bodies decide on the expediency of adopting a new legal act”.
A senior source from the Ministry of Justice of Tajikistan, who wished to remain anonymous, told the Oasis stringer: “Now the project is in Majlisi Namoyandagon and if it is not approved by parliament, this does not mean that we will suspend our activities in this direction. As a responsible entity, the Ministry of Justice will work to improve the law. We are open to dialogue, ready to accept any suggestions, comments and additions. ”
The current law is outdated, as there have been significant changes in the civil society of Tajikistan. The draft law consists of eight chapters and 44 articles regulating public relations related to the realization by citizens of the right to associate in public organizations (associations), the creation, activities, reorganization and (or) liquidation of public organizations (associations). The Law applies to all public organizations (associations) created at the initiative of citizens, with the exception of religious organizations, political parties, trade unions and other public organizations (associations), the order of creation and actions of which are regulated by separate laws.
“In the new draft law, unlike the current one, the organizational and legal forms of public organizations are indicated; for the first time, such concepts as social order, founders, members and participants of public organizations are included; the rights of NGOs are expanded, a separate article is devoted to entrepreneurial activities of non-governmental organizations. But in our opinion, the draft law tightens control over the activities of NGOs by state bodies. We need to jointly lobby for those provisions of the bill that do not suit us, says Abduzarif Mukhtorov, legal consultant of the Dushanbe Civil Society Support Center (“Third Sector”). The public organizations of Tajikistan can also make their suggestions and recommendations and jointly provide developments in the Majlisi Namoyandagon Majlisi Oli. ”
Representatives of the Tajik parliament refrained from official comments, citing the fact that the bill is not yet on the agenda. “When it is considered, then we can talk about it. First of all, it is necessary to collect proposals and additions and only then discuss, ”the source said by telephone, warning that the statement was not official and there was no need to refer to it.
On February 17, 2006, a meeting of the Public Council of Tajikistan was held in Dushanbe with the participation of both chambers of the Tajik parliament, at which representatives of public organizations criticized the draft Law “On Public Organizations” developed by the Ministry of Justice. Chairman of the Korean Society of Koreans Viktor Kim expressed his views on the draft law. “Some articles of this draft law provide an opportunity to suspend the activities of public organizations in the future under the pretext that they violate the rights of citizens. And the reason can only be the fact that some public organization was unable to help someone. In addition, according to Victor Kim, according to the draft of this Law, all non-governmental organizations in Tajikistan from January 1, 2007 to March 1 of the same year will be required to re-register with the justice authorities.
The head of the public organization “Women with higher education” Guljahon Bobosodykova noted that at the present time, public organizations are subject to various unreasonable inspections by law enforcement agencies. According to her, in the Sogd oblast (north of the country), “even the staff of the economic crimes department of the regional police department are already checking the offices of non-governmental organizations.”
“There are a lot of problems with the activities of NGOs, ranging from registration procedures and activities, ending with its suspension and liquidation. Fundamentally important issues related to taxation and regulatory authorities. It is necessary to streamline the system of control over the activities of NGOs, ”said Abduzarif Mukhtorov, legal consultant of the Dushanbe Center for Civil Society Support (“ Third Sector ”).
However, the head of the public organization “For the Earth” Timur Idrisov said that he had no principal remarks on the draft law: “I don’t see anything in it that would limit the activities of public organizations. It is open enough, there are few negative sides. It is important that the state recognizes initiative groups within the framework of this law. If he is approved and accepted, it will not make anyone worse. ”
From the editors.
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