International Law

Legal Status for HIV NGOs? Not Holding My Breath

By Stan

Although this sounds quite promising . . .

Nongovernmental organizations (NGOs) committed to fighting HIV/AIDS in China will soon get legal status to operate, as the government is considering legally recognizing these organizations, experts close to the situation said.

( . . . )

Currently, more than 400 NGOs are working in this field nationwide. The majority operates unregistered, which makes fund-raising and operations more difficult, experts say.

( . . . )

Sun Weilin, director of the Social Organization Registration Bureau of the Ministry of Civil Affairs, said the ministry is revising the current law on social organization registration, issued in the late 1990s, to adapt to the changing landscape and the new development of China’s civic groups and NGOs. He conceded the current law is outdated.

With legal status, these organizations would have a better work environment and the ability to develop in a sustainable way, she said.

Administrative expenses would also be saved by the health departments and other organizations like the Centers for Disease Control, she noted.

Currently, NGOs have to be a subsidiary of legal groups like the CDC to have a bank account and operate. (China Daily)

. . . I must let my inner cynic out to play.

When I started my first law job in Beijing in 1999, my boss at the time did a bit of NGO work. He was consistently frustrated with the lack of a practical legal framework that could be used by NGOs to set up operations and be recognized formally.

Every time a new client came to the door, we pinged the Ministry of Civil Affairs on a timeline for legal reform. We were, of course, told on numerous occasions that reform is coming, and that our clients needed to be patient.

I don’t really do this sort of work myself, but I know enough not to hold my breath and wait for quick action of new rules. These HIV NGOs might get some sort of special recognition in the near term, but I would be surprised if broad measures are actually taken to regularize the not-for-profit sector.

© Stan for China Hearsay, 2009. | Permalink | One comment | Add to del.icio.us
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Full post as published by China Hearsay on December 01, 2009 (boomark / email).