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

Chapter 2Status and Recognition of Non-Governmental Development Assistance Highlights

Article 6

  • Recognition of the status of Non-Governmental Organizations Development Assistance is the joint responsibility of the Ministries of Planning and External Cooperation, the Interior and National Defense, Foreign Affairs, and Worship
  • This recognition is enshrined in an Official act signed jointly by the holders of the above-mentioned bodies, which act is published in the form of a statement in the Official Journal of the Republic and that the Statutes of the NGO concerned.

Article 7

  • The External Cooperation Agencies or others related to the state after a contract or basic agreement cannot, in any case, be treated as NGOs, as defined by this Decree.

Article 8

  1. In view of the recognition of Private Organizations Development Assistance as an NGO authorized to operate on national territory managers must fulfill the following formalities:
  2. Produce writing to the Ministry of Planning and External Cooperation requests for recognition.
  3. Submit:
    1. Three (3) copies of the statutes of the organization written in the form of notarial deed in French or Creole;
    2. A letter of guarantee issued by two NGOs recognized and operating in Haiti or a bilateral or multilateral agency;
    3. The permit issued by the Municipal Administration of the planned intervention area;
    4. Development programs and projects to be executed in one or more communes and localities of the national territory could improve the living conditions of the populations’ selected areas.
  • Producing three (3) copies: a reference not lower warranty GOURDES FIFTY THOUSAND (Gdes 50.000) issued by a bank established in Haiti on presentation of a license issued by the Ministry of Planning and Cooperation (MPCE ).
  • Indicate the names, first name, domicile, residence, nationality, and occupation of members of the governing board and their functions.
  • Complete and sign the commitment form prepared by the MPCE.
  • In the case of a foreign NGO, submitted in three (3) copies of the act of recognition issued by the authorities of the country of origin and legalized by a Consulate of the Republic of Haiti.

Problematic/Need for Reform

Article 8; Section B

Why is this section a requirement? It puzzles me that in order for a nonprofit to register in Haiti, they would need the “approval” of other nonprofits.

Article 11

The statutes of an organization seeking recognition as NGOs must obligatorily contain the following information:

  • The duration of the organization, and the causes of dissolution.

The last point of Article 11 confuses me. I asked myself why must I let the government know when the organization will no longer be active? Obviously, time is not in favor of this decree; the circumstances of the NEED in Haiti has changed and has increased, which means that an initiative with a duration of three months will not be successful because of unpredicted factors. Lack of funds will also set a project back. Nevertheless, let’s continue.

Part Three…

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