Malta

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  Situation in Malta 

There are a number of civil society and voluntary organizations in Malta. However, to date, Malta does not have a functional legal framework for these, which seeks to regulate them ensuring accountability for services they provide to Maltese society.

In 2006, a Bill on the Voluntary Organisations Act (VOA) and ancillary amendments to the Civil Code were tabled by the Government of Malta in front of Parliament. These documents are still being discussed at Parliament level. In the mean time, a number of NGOs have reacted and provided their feedback vis-a-vis the proposed legislation. Issues concern:

a) The definition given to ‘voluntary organisation’ NGOs and civil society organizations have held that it is not enough to describe a 'Voluntary Organisation' as one set up for a 'social purpose' and 'non-profit-making', but that the definition ought to highlight 'independence of government' as an important element. The Bill now before Parliament does define voluntary organisations as ‘independent of government’ but, in the same breath, seems to allow certain government established entities to pass themselves off as voluntary organisations. Would such organisations established by the Government have voluntary organisation status and will thus be able to access funding, both local and European, as though they were independent of the Government?

b) Power vested in one individual, the Commissioner, over all organisations, whether enrolled or registered or not, to control, to monitor, or even eliminate, their activities or administrators. The VOA Bill gives the Commissioner very wide discretionary powers without sufficient accountability. In commenting on the Bill, Mr. Douglas Rutzen, President of the International Center for Not-for Profit Law and Mr. Richard Fries, former Chief Charity Commissioner for England and Wales, have stated that it is problematic to vest regulatory powers in one person. NGOs have suggested having a Commission of a number of persons rather than one Commissioner.

c) Too few benefits to relieve the regulatory burden, especially on the very small organizations. While there does seem to be a certain streamlining in the procedure to receive government funding, the only concrete ‘benefit’ for voluntary groups complying with the regulatory requirements under the VOA, is that of public collection, fundraising. It is stated clearly that enrolment does not give any fiscal benefit to the voluntary organisation concerned for the time being. Furthermore, government established organisations may also be able to make public collections. Hence, NGOs have opined that the state of affairs is not consonant with the spirit of civil society and that this Bill, as it stands, may discourage smaller organisations from operating due to the overly regulatory environment it will create.

Source: Malta Resource Centre, www.mrc.org.mt