This is the report for the consultancy on the Assessments of the Legal Environment for Civil Society Actors including Philanthropic Support Organizations in Mozambique. This report is one of the key deliverables to be shared with the project management. 

 

The African Philanthropy Network (APN) and Fundação Micaia have partnered to contract a consultant to synthesize the existing Assessments of the Legal Environment for Civil Society Actors including Philanthropic Support Organizations in Mozambique. The consultancy is a tool to help understand the general failure to tap into domestic resources, which is an indispensable factor for the resilience of civil society and sustainable development in Africa. Freedom of association, as recognized in the international and regional treaties, provides a legal basis for the protection of Civil Society Organizations (CSOs). As the APN and Fundação Micaia write, there are countless ways in which legal frameworks at the national level fail to protect this right and/or do not provide an enabling environment for CSOs.  With its longstanding experience, the APN ascribes this partly due to lack of favorable infrastructure and of an enabling environment for civil society organizations (CSOs) including philanthropy. People are willing to donate for good causes, but CSOs and philanthropic institutions in many countries face serious barriers that prevent them from accessing these resources. Many African governments place legal requirements that discourage CSOs from raising their own funds, such as time-consuming registration procedures and burdensome reporting requirements. This increases the importance of investing in a clear legal framework for local resources mobilization and raising awareness on relevant legislation among local organizations.  If civil society organizations have a better understanding of the legal framework, they can more effectively hold governments to account for their social responsibilities. And, they can engage the authorities by demonstrating how investing in public goods can also bring benefits to the government.  “This is a case where more knowledge really is more power”.

 

The Giving for Change (GfC) program sets out a bold vision for transforming how “development is done” by focusing specifically on the recognition and importance of domestic resources in increasing local ownership, unlocking agency and strengthening communities’ ability to claim entitlements from different actors, especially government. Specifically, the research would provide baseline data for second domains of the program that focuses on influencing in-country national state and societal actors (government, emerging philanthropists, individual donors) to support the development of community philanthropy by creating favorable conditions to promote the power of domestic philanthropic giving as a form and driver f social and systems change.

 

The main objective of this consultancy is to synthesize the existing assessments of the legal environment for civil society organizations (CSOs) including philanthropy support organizations (PSOs); and analyse options for how to engage in Mozambique. The Consultancy will assess five (5) key issues among other things: (i) Registration, (ii) Taxation, (iii) Fundraising, (iv) Oversight, and (v) Policy engagement. Mozambique faces different challenges when it comes to the 5 key issues that the consultancy wants to look at.

MOZAMBIQUE FINAL REPORT