According to official statistics, 2935 local non-governmental organizations operate in Azerbaijan . The Ministry of Justice, the top body on granting registration, has registered only 1769 of them, while the rest 962 NGOs exist without registration. A report compiled by the OSCE office in Baku says that the registration of non-governmental organisations in Azerbaijan continues to be problematic. (12-MAY-2005)
The OSCE document, prepared by two Azerbaijani lawyers, examines the changes in the NGO registration process since the adoption in 2003 of the law on State Registration and State Register of Legal Entities.
Unregistration hampers NGOs’ proper functioning
The report also analyses the results of a 2004 monitoring programme and highlights the fact that the lack of registration status significantly hindered NGOs from functioning properly and prevented donors from offering financial support to unregistered NGOs.
Courts keep silent
In spite of the numerous suits of the NGOs to the courts concerning refusal of the Ministry of Justice in registration remains unanswered. Among the major demands of the NGOs are the trouble-free registration of NGOs, providing of permanent office, state financing of relevant projects, providing with state orders, application of high taxes and duties, stimulation of national donors. It is an undeniable fact that the majority of the unregistered NGOs are the opposition-minded human rights organizations.
OSCE report spots the cause for unregistration
The OSCE report identifies the difficulties applicants face and the bureaucracy and deficiencies in the NGO registration procedure. It raises concerns over the rejection of registration on irrelevant grounds, the occasional misinterpretation of legal provisions, the prolongation of the processing times without proper grounds and the hampering of the registration process as a result of its centralisation. “This report aims to provide the relevant authorities with tools to improve the situation and ensure that freedom of associations in Azerbaijan is secured and protected,” said Ambassador Maurizio Pavesi, the Head of the OSCE Office in Baku. “We hope it will help remove one of the most significant impediments to the growth of the country’s NGO sector.”
Gaps in registration law
The OSCE-prepared document also says that a number of provisions of the regulatory acts, particularly those of the law on State Registration and State Register of Legal Entities, do not provide clearly defined reasons for the final rejection of NGO registration.
Concrete proposals
The OSCE report offers concrete recommendations, including simplifying the registration procedure by limiting the amount of documents required for submission, providing the applicants with greater opportunities to rectify shortcomings identified in their submissions during the registration process and advises that the Ministry of Justice prepares a handout to describe the basic requirements for NGO registration.
