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

Chapter 6-Transitional Provisions

Highlights

Article 34

  •  All organizations operating in the field of development as Organizations Non-Governmental Development Assistance (NGOs) without being formally recognized as such should be complete within a period of six (6) months formalities under Article 8 of this Decree.
  • After this period, they will be hit with bans to operate in the country at the behest of the Ministry of Interior and National Defense, the report of the Ministry of Planning and External Cooperation.

Problematic/Need for Reform

Article 35

  • All donations in kind and cash for an organization recognized by any institution, whether an agency for external cooperation bilateral or multilateral, will be confiscated by the Haitian State to be distributed to Charity-works.

Regarding Article 35, this is a level of disrespect, distrust, and stupidity. A nonprofit is an entity that cannot finance an initiative on their own, and that is why they solicit for funds, apply for grants, crowdfund, seek angel investors, as well as other avenues; meaning they have worked their asses off to obtain funds for the work. I can see why most nonprofit rather register as a 501c3 in the states so they can determine how best to use the funds obtained from the available sources. Most individuals will say it is much easier to create a nonprofit in Haiti than to open a business which is true if the person is not going through the proper channels to legalize themselves. However, to begin a nonprofit organization is a challenge when the definition and the nature of a NON-GOVERNMENTAL ORGANIZATION are treated as GOVERNMENT ORGANIZATION because of this decree.

Chapters 7 and 8 contain basic information that is universal as far as to name change of organization and that you are bound by the 1989 decree once you have been recognized as a nonprofit organization.

Do you believe that Haiti needs to reform their policy for nonprofit organizations? Who should be the ones invited to make propositions? Do the current authorities on MPCE comprehend the definitions of nonprofit or nongovernmental organizations? Should MPCE track nonprofits when they have not done a great job?

 

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