#1 - JRL 2007-181 - JRL Home
Moscow Times
August 24, 2007
NGOs Buried by Mountain Of Paper
By Nikolaus von Twickel
Staff Writer
In a blizzard of bureaucratic absurdity, the new registration law for
nongovernmental organizations has created administrative hurdles threatening to
put many out of business and deterring others from setting up shop at all.
When the bill passed last year, NGO representatives suggested that it was an
instance of bureaucracy being deliberately beefed up to fight organizations the
government dislikes. Now, they say that up to three-quarters of over 200,000
officially registered noncommercial organizations could face closure.
"It's just tremendous bureaucracy," said Jens Siegert, head of the Heinrich B
ll Foundation's Moscow office. He said his organization, affiliated with the
German Green Party, had to hire one extra staff member solely to cope with the
workload.
Part of that workload came from a stipulation in the law that every single
organization had to submit new accounting forms to the Federal Registration
Service, a sprawling government body with roughly 40,000 employees that reports
to the Justice Ministry.
The agency's deputy spokeswoman, Lyubov Mikhailova, said that by May 20, just
48,470 -- less than 24 percent of the more than 216,000 registered NGOs in the
country -- had submitted accounting forms, more than a month after the original
deadline in April had passed.
Mikhailova did not comment on what the consequences of noncompliance would be
for the organizations. In a written response, she merely stated that during the
first half of this year, 18,022 domestic and 34 foreign organizations received
written warnings for not submitting the forms or violating submission
procedures. This amounts to 8 percent of the national and 15 percent of the 226
foreign-run NGOs.
But critics say that just doing everything necessary to comply itself amounts
to punishment.
In addition, foreign-run organizations must hand in quarterly financial
reports and a plan of their activities for the coming year that includes the
amount of money allotted for each project by Oct. 31. Authorities must be
notified of any new program at least one month in advance and of any essential
change of plans within 10 business days of the decision.
The law also requires all foreign NGOs to re-register their offices by Oct.
18. Dozens of NGOs, including some that had submitted their documents prior to
the deadline, were not in the registry by Oct. 18 and had to suspend their
activities in Russia for days or weeks until the registry reviewed their
paperwork and officially re-registered them.
The recipients see the additional requirements as proof of what they believe
is the regulation's real purpose -- to rule out the possibility that foreign
organizations could provoke public unrest in the way the Kremlin believes
happened in Georgia and Ukraine.
"I call this law an Orange measure," Siegert said in a telephone interview,
referring to Ukraine's Orange Revolution, which brought President Viktor
Yushchenko to power. "NGOs are forced to occupy themselves with internal matters
instead of their real work," he said.
He also suggested that the relatively low numbers of warnings issued was a
sign that the authorities themselves were also overwhelmed by the workload.
The new regulations prevented small organizations in particular from focusing
on their real activities, said Inara Gulpe-Laganovska, NGO liaison officer for
Human Rights Watch in Russia. She also said the law contained disproportionate
punishment for violations. "Only two types exist -- suspension or liquidation,"
she said in e-mailed comments.
Aside from the burdens, critics say the law allows the authorities to engage
in excessive interference.
"The worst thing is that the reporting makes NGOs vulnerable by giving
registration officials an unprecedented level of discretion in deciding which
projects comply with Russia's national interest," Gulpe-Laganovska said.
Human rights campaigners also point to the fact that authorities have
arbitrarily targeted some organizations with seemingly ludicrous demands. The
St. Petersburg-based NGO Citizens' Watch, for instance, has been asked to
disclose the entirety of its written correspondence with anyone or any
organization outside the office over a three-year period -- including e-mails.
"The registration service came to us in July and showed us a screening
warrant," the organization's chairman, Boris Pustintsev, said in a telephone
interview. "They then suddenly demanded that we produce all outgoing
correspondence from July 2004 to July 2007."
Pustintsev said he initially refused because he believed the request exceeded
the agency's competence. After a board meeting, however, the NGO did grudgingly
agree to comply "because otherwise the authorities could freeze our bank
accounts," he said.
But Pustintsev added that Citizens' Watch also decided to "raise hell" with
the Federal Registration Service.
"We will sue them, we will appeal to [service head Sergei] Vasilyev, and we
might take the matter to the Constitutional Court," Pustintsev said.
Other organizations have already been officially closed under dubious
circumstances. The International Youth Human Rights Movement -- a group that
says it has 1,000 active members in Russia and abroad -- learned in early August
that it had been shut down by a court in Nizhny Novgorod.
"The ruling was made June 13, but we only heard about it by chance almost two
months later," the movement's coordinator, Dmitry Makarov, said in a telephone
interview.
The rationale behind the decision seems to stem from a basic bureaucratic
mix-up.
"The court based its decision on our failure to submit accounting forms to
the local branch of the registration service," Makarov said. Instead, he said,
the documents had been filed to the Federal Registration Service in Moscow, as
requested, because the organization had reorganized into an international group
in 2004.
Bereft of its legal status, the movement is now filing a legal complaint
against the ruling.
Others are also trying to fight back. Agora, an interregional association of
Russian human rights groups, said in a memorandum that it found 33 cases of
unlawful actions from the service against NGOs from April 2006 to May 2007.
Agora provided legal assistance to those concerned in 20 of them.
The cases demonstrated the service's "unfriendly bias against NGOs,"
excessive demands on their operations and, in some cases, an unwillingness to
maintain constructive relations, the memorandum said.
Another consequence is that setting up an NGO has become a daunting task. A
study prepared under the presidential human rights council found that the cost
of legal procedures was 33 percent higher than setting up a business and
requires more time.
"It takes a minimum of six to eight weeks to register an NGO, while
registering a commercial company takes from seven to 10 days," said Anton
Zolotov of the Institute of Civil Analysis, who co-authored the survey,
preliminary versions of which were released earlier this year.
Siegert said he knew of at least two cases where individuals had opted to
open up a business instead of an NGO, just to avoid the hassle.
Editor's note: This is the third in a series of stories about bureaucracy.
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