European Forum on International Disaster Response Laws, Rules and Principles IDLR Antalya Turkey 252

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European Forum on International Disaster
Response Laws, Rules and Principles
(IDLR)AntalyaTurkey25-26 May 2006
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IDRL

• Legal Challenges faced by NGOs community
• Professor François Rubio
• Head of the Legal Department of
• Medecins du monde
• Professor at the University of Le Mans and
• Paris I Pantheon Sorbonne

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The legal status of NGOs

• Why the legal status is a crucial issue for the
  activity of the NGOs in the field of the
  emergency rescue ?
• Without a status NGOs can not
• Open a bank account
• Hire staff
• Signe a lease for offices and houses
• Transfer money
• Buy a car
• Import drugs and material
• Get visas
• etc

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• Without legal status NGOs simply cannot work

• No more, no less

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The legal Status

• What is the situation today?

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• An international recognition since 1945
• Universal Level
• Article 71 of the UN Charter
• Resolution 1996/31 of the ECOSOC

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European Level

• 1951 Consultative Status at the Council Of Europe
• 2005 Participative Status at the Council of
  Europe. Resolution 2003/8

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The right to associate

• Universal guarantee in Universal Declaration of
  Human Rights (1948)
• European Guarantee article 11 of the European
  Convention for the Protection of Human Rights and
  Fundamental Freedom
• National Guarantee for each country in Europe

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A lack of legal Framework

• At The Universal Level lack of legal Framework
• At the European Level only one instrument
  The European Convention on the Recognition of the
  legal personality of international
  non-governmental organizations

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Legal Frameworkat the European Level

• The European Convention on the recognition of the
  legal personality of international
  non-governmental organizations (treaty 124) is
  
• The only international legal framework in the
  world
• The first step

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The treaty 124

• Is ratified by 11 countries only
• Austria
• Belgium
• France
• Great Britain
• Greece

• Macedonia
• Netherland
• Portugal
• Slovenia
• Switzerland

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The treaty 124

• Provisions of thetreaty to plan article 2
• The legal personality and capacity, as acquired
  by an NGO in the Party in which it has its
  statutory office, shall be recognised as of right
  in the other Parties

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The treaty 124

• The treaty 124 is
• A practical tool
• A very simple tool

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The treaty 124

• The treaty 124 is a model not only for the
  European Countries but for all countries
• All members of the European Council should ratify
  and improve the treaty 124
• This treaty is the solution for the future