Programs > By Focus Area > Legal Framework for Civil Society
Programs by Focus Area: Legal Framework for Civil Society
Society wins when people freely associate and have a voice in decisions affecting their lives. A vibrant civil society can expand the reach of social services, decrease the costs to society, and reach out to marginalized populations – not to mention the social benefits that accrue when citizens actively engage in decision-making.
A healthy civil society requires a secure foundation in the law. ICNL offers skills and knowledge on a variety of legal framework issues affecting CSOs, including:
- Freedom of Association – laws guaranteeing the freedom of natural persons and legal entities to collaborate on a voluntary basis within an organizational context without government intervention, in order to realize a mutual goal
- Legal Status – regulations facilitating formation and registration, mergers, dissolution, accreditation, and certification.
- Fundraising – controls on receipt of funds, ability to provide donations, performance of economic activities, and grant making.
Backlash Against Civil Society. Governments have increasingly turned to the law to constrain freedom of association. This backlash impacts an array of NGOs, from those engaged in democracy promotion to those providing health services in the HIV/AIDS sector. ICNL has undertaken considerable research to help inform discussion around this critical issue. Publications include:
- ”Safeguarding Civil Society in Politically Complex Environments,” featured in IJNL.
- “Recent Laws and Legislative Proposals to Restrict Civil Society and Civil Society Organizations,” IJNL.
- “The Associational Counter-Revolution,” featured in the September 2006 issue of Alliance Magazine. Available here.
- "International Investment Treaty Protection of Not-for-Profit Organizations." Available here.
- "The Backlash Against Democracy Assistance," a publication by the National Endowment for Democracy. Available here.
- "Aid, Security and Civil Society in the Post-911 Context," a publication of the London School of Economic's Centre for Civil Society. Available here.