Understanding the 1989 Decree that binds Nonprofit Organizations in Haiti (Part Five)

Chapter 5The Withdrawal of Recognition and Other Sanctions

Highlights

Article 30

  • The withdrawal of recognition shall be carried out by the bodies referred to in Article 6 of present Decree on a reasoned report of the Coordination Unit for NGO Activities.
  • Notice will be given by press published in the Official Journal of the Republic.

Problematic/Need for Reform

Article 31

  • The withdrawal of recognition leads to the dissolution of the offending NGO and the liquidation of its assets in accordance with the laws and regulations governing the matter.

Article 33

  • Any staff member of an NGO convicted to a criminal act is no longer entitled to be part of any non-governmental organization operating in Haiti in any capacity whatsoever.

To lose your nonprofit status is the result of negative externalities your organization had in the community you have been operating in, as well as not complying with the regulations in Haiti. This should not result in your ASSETS like land, equipment you have purchase with your own personal funds to be taken from you; however, if proven that the ASSETS were obtained through mismanagement of funds  (unauthorised cars, equipment,etc.) collected from third parties, Article 31 is unclear as far as how will the government liquidate your assets, will they keep it or will they share it with other nonprofits? For Article 33,  is Haiti’s criminal justice system sufficient to keep a skilled employee from working for your organization. You can request a background check in the states for up to 5-10 years of any criminal activities; however, skills and criminal background does not benefit an employer or the government. To exclude an individual from ever working in a sector where their SKILLS brings more change than them working elsewhere (or moving abroad)  is something that needs to be changed. An employer can request a criminal/civil record of an employee but what if the person was jailed for petty crimes because if the crime was tremendous like murder, sex trafficking, and others then those individuals would still be in jail, right.

Part Six…

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