Setting Up An Ngo: Belarus Edition

Setting up an NGO in Belarus can be challenging. The country has a history of restricting and cracking down on NGOs, particularly after the disputed re-election of President Alyaksandr Lukashenka in 2020. The process of registering an NGO in Belarus is complicated, with high membership requirements and long decision-making processes. Even after successfully navigating the registration procedure, there is no guarantee of success. However, some organisations have managed to register and operate in the country. This article will explore the steps and challenges involved in setting up an NGO in Belarus.

Registration procedure and requirements

The registration procedure for NGOs in Belarus is complex and challenging. The application procedure for the registration of a public association, the main type of NGO based on membership, is one of the most complicated in the post-Soviet region. The process involves several steps and requirements, and even successful completion does not guarantee registration.

Firstly, there are high minimum membership requirements. For a national or international association, at least 50 Belarusian nationals are needed as founders. For a local public association, the minimum number is ten people, but they must all be permanent residents of the respective territory. Legal entities cannot be founders.

Secondly, there are financial requirements. The state registration fee for a national or international association is twice that of a national commercial entity (approximately $124). Additional expenses include fees for registration and securing a legal address, which cannot be a residential property. Renting an office space can cost at least $40 per month.

Thirdly, the pre-registration stage involves preparing a large number of documents with strict mandatory requirements, such as font and margin size. Registration authorities do not provide advice on document correctness, and any faults found will result in refusal. Even after addressing these faults and resubmitting, the registration body may refuse again on different grounds. This stage can be made easier with assistance from other Belarusian non-governmental organisations, such as Lawtrend, or by engaging a legal advisor.

Finally, the registration authorities have one month to make a decision, which can be prolonged by the state authorities for another month if desired.

It is important to note that unregistered public association activity is illegal in Belarus and can result in criminal liability. Article 193-1 of the Criminal Code, introduced in 2005, states that participation in the activities of an unregistered public association can lead to fines, arrest, or prison sentences of up to two years.

Despite these challenges, some Belarusian NGOs have successfully navigated the registration process, and as of January 1, 2013, there were 2,477 public associations in the country.

Funding sources

Funding an NGO in Belarus requires careful consideration of the legal landscape. The only legal source of funds for NGOs in Belarus that is not controlled by the state is donations from individuals. This is due to the country's restrictive legislation on foreign aid, which can make the receipt of foreign grants impossible.

The majority of foreign-funded NGOs in Belarus receive financial support from the private sector and individual donors, including private Western donors, the National Endowment for Democracy (NED), and Open Society Foundations. Belarusian NGOs may also seek registration abroad to access funding, as this allows them to evade certain difficulties and restrictions imposed by the Belarusian government. This is the most common category of Belarusian NGOs, and examples include the Belarusian Institute For Strategic Studies, Assembly of NGOs, Centre For Transition Studies, and Palityčnaja Sfiera.

There are also grants and funding opportunities available for NGOs in Belarus, particularly for specific projects or initiatives. These include grants for education, environmental projects, female entrepreneurs, youth projects, and small businesses. However, accessing these grants may be challenging due to the bureaucratic procedures and restrictions imposed by the Belarusian government.

The cost of setting up an NGO in Belarus includes registration fees, which are the same as those for commercial organisations. Additionally, there are costs associated with securing a legal address, as it is mandatory to rent an office or part of one. This rarely costs less than $40 per month. There may also be additional expenses for resources and expertise during the pre-registration stage, as well as potential repeated applications due to the stringent registration requirements.

Legal status and registration alternatives

The process of registering an NGO in Belarus is challenging. The country has strict rules for public associations, with high membership requirements and long decision-making processes. Even after successfully navigating these requirements, registration is not guaranteed.

The application procedure for registering a public association in Belarus is one of the most complicated in the post-Soviet region. Barriers to entry include high minimum membership requirements (50 Belarusian nationals for a national association and 10 for a local one) and long decision-making processes. Even after successfully passing these hurdles, registration is not guaranteed.

The Belarusian government has a history of refusing to register human rights organisations and other civil society groups, often citing reasons that do not appear to be based on legislation. This has led to many organisations operating without registration, which is illegal and can result in criminal liability under Article 193-1 of the Criminal Code.

One alternative to registering as a public association is to set up an institution, another organisational form for NGOs. This option has a simpler registration procedure but does not allow for broad membership, and the state authorities can easily liquidate these institutions.

Another option is to register the NGO abroad. This approach is taken by several Belarusian NGOs, including the Belarusian Institute for Strategic Studies, Assembly of NGOs, Centre for Transition Studies, and Palityčnaja Sfiera. This strategy can help circumvent restrictive Belarusian legislation on foreign aid and enable activities that may not be possible to carry out within the country.

Despite the challenges, some Belarusian NGOs have successfully registered and are operating in the country. As of January 1, 2013, there were 2,477 public associations in Belarus.

Government relations and treatment of NGOs

The relationship between the government and NGOs in Belarus has been strained in recent years, with the government imposing restrictive measures on the latter. The Belarusian government has been accused of cracking down on civil society and human rights organizations, with numerous reports of authorities refusing to register NGOs, dissolving existing ones, and imposing restrictive legislative amendments on their operations and funding. This has resulted in the closure of dozens of NGOs, with more facing the same fate.

The Belarusian government has been accused of targeting human rights defenders and civil society activists, with reports of raids, arrests, and detentions. The authorities have justified these actions by claiming that NGOs are engaging in activities beyond their charters or receiving foreign funding, with President Alexander Lukashenko referring to them as "bandits and foreign agents." These actions have been condemned by international organizations such as Amnesty International and the Organization for Security and Cooperation in Europe, who have called for respect for freedom of expression, association, and peaceful assembly.

The restrictive measures imposed by the Belarusian government have made it challenging for NGOs to operate in the country. The registration process for public associations, the main type of NGO, is complicated and requires considerable resources. Even successful registration does not guarantee an NGO's continued existence, as the state authorities can easily liquidate institutions. The strict rules and high barriers to entry have led to many organizations operating without registration, highlighting the non-compliance of Belarusian laws with the basic principle of freedom of association.

The Belarusian government's actions have had a significant impact on the work of NGOs. The underfunded condition has caused a cooling of civil society and opposition movements, and a significant number of foreign-funded NGOs have had to discontinue their work. The restrictions on foreign funding have pushed civil society groups to the margins of the law and made their operation in Belarus nearly impossible. The only legal source of uncontrolled funds for NGOs is donations from individuals.

The dynamics between the Belarusian government and NGOs have resulted in a significant domestic counter "push" against the international Western "pull" towards democracy. The restrictive legislation has created new barriers to NGOs' operations and relationships with foreign partners, damaging the potential for mutual aid and support for democratic efforts. The situation has impacted the efforts of civil society groups and NGOs to democratize post-communist social, economic, and political spheres in Belarus.

Benefits of setting up an NGO

Setting up an NGO in Belarus can be challenging, but it comes with its benefits. Here are some advantages to consider:

Societal Contribution

By establishing an NGO, you can contribute to positive changes in your community and society as a whole. NGOs are often the driving force behind social change, and they fill in the gaps that the government may be unable or unwilling to address. This could include issues such as women's rights protection, countermeasures against human trafficking, and addressing the needs of vulnerable groups such as persons with disabilities, the LGBTQI+ community, and children with serious illnesses.

Life-Changing Experience

Working with an NGO gives you the opportunity to engage in meaningful work that creates a tangible impact on the lives of others. It provides a sense of satisfaction and the chance to work with like-minded individuals who share your passion for a particular cause.

Personal Growth and Skill Development

Volunteering or working for an NGO helps develop valuable personal and professional skills that are transferable to the job market. These include effective communication, teamwork, task management, organisational skills, and problem-solving abilities. It also enhances your CV, making you a more attractive candidate to potential employers.

Networking and Connections

NGOs provide excellent networking opportunities and allow you to connect with a diverse range of people who share a common goal. This helps strengthen your ties to the community and can lead to lasting connections and partnerships that benefit your organisation's mission.

Tax Benefits and Financial Stability

In many countries, NGOs are deemed not-for-profit and are therefore tax-exempt. This allows for a structured financial plan without the burden of tax liabilities. Additionally, registering your NGO may provide access to credit and loans from financial institutions, promoting financial stability and the ability to invest in your organisation's activities, such as acquiring assets or financing a mortgage.

Perpetual Succession

Registering an NGO ensures its perpetual succession, meaning it will continue to exist even if the founder or trustees leave or pass away. This provides stability and continuity to the organisation's mission and allows for long-term planning.

While setting up an NGO in Belarus specifically may be challenging due to various legal and bureaucratic hurdles, the benefits outlined above highlight the potential positive impact your organisation can have on both a societal and individual level.

Frequently asked questions