From Ms K. Bonello Sullivan

The Voluntary Organisations Act (VOA), under the remit of the Department of the Family and Social Solidarity, has had its second reading in Parliament.

The Bill aims to establish the legal criteria under which voluntary organisations/NGOs will be regulated.

The Malta Confederation of Women’s Organisations has expressed grave concerns as to the veracity, transparency and, in particular, the ambiguity of some of the Bill’s legal criteria under which voluntary organisations are to be regulated and administered. The definition alone in one of the Articles falls short of wide international consensus on the very nature of civil society. Although the Minister has chosen to adopt the term “voluntary” to classify organisations falling under the application of the Act, the element proponent to volunteer is neither defined nor explored, highlighting the stark absence in the Article of any reference to the essential independence of civil society from the government.

After consultation and discussions with numerous voluntary organisations at the request of the government, few recommendations were acceded to. Consequently, voluntary organisations/ NGOs express their apprehension at the following:

1. The Bill defines voluntary organisations as “independent of government”, yet in the same instance ambiguously concedes the status of “voluntary organisation” to certain government established agencies, as though they were independent of government. Placing government agencies on a par with civil society would enable them to compete with civil society in accessing local, EU structural and EU direct funds while still enjoying government benefits. Any inclusion of public agencies in voluntary organisation legislation is out of place and goes against the principle of “independence of government”.

2. Ancillary amendments to the Civil Code, although concomitant to the VOA, have become secondary to the VOA in its enactment. This contradiction could impact on the final outcome of the rules and regulations governing voluntary organisations.

3. The Bill proposes that the government shall assign a public officer by direct appointment to take up the position as Commissioner. Voluntary organisations will consequently be under wide-ranging discretionary powers of a government designated Commissioner albeit defining voluntary organisations as “independent of government”.

4. The Bill also brings into question the “duplication” of the aims and objectives under which NGOs/voluntary organisations operate. If government agencies are included in this Act, it will pave the way for a government appointed Commissioner to decide under which structures an NGO may and may not operate. This could result in the interference and possible elimination of NGOs in favour of government agencies.

In all the relevant documents, it is clear that government agencies have no place in legislation concerning voluntary organisations/NGOs. There are very clear indications in all definitions of the latter that they must be independent of the State.

Kate Bonello Sullivan

MCWO Council

Hon. Life President Malta Association of Women in Business