The draft law n°18-18 governing the collection and distribution of donations raises the concern of associations. They warn against the text that they see stamped with the seal of firmness and exaggerated restrictions. Approved by the House of Councillors, this text is being examined today at the level of the first chamber. Before its final adoption, the actors of the civil society believe they have the right to be consulted.
The draft law No. 18-18 governing the collection of donations was presented on May 10 to the House of Councillors for approval before being submitted to the House of Representatives. Approved by the Government Council in February 2018, this text, which is now entitled “The call to public generosity and distribution of aid for charitable purposes” was validated, on April 26, 2022, by the Interior Committee in the House of Councillors, and this after introducing several amendments. This text provides that all operations of collecting donations from the public are subject to the provisions of this law, except those carried out in a traditional and customary manner. The party organizing the collection of donations will be required, under this text, to submit to the administration a detailed report of the operation.
The bill also specifies that any collection and distribution of donations for charitable purposes must be declared in advance to the governor of the prefecture or province. In addition, Article 3 of the bill provides that public appeals for donations may only be made by one or more duly constituted associations. In addition, section 5 of the bill provides that public appeals for donations may not be made for commercial, advertising or electoral purposes, or for the promotion of products or services. The draft also prohibits calls for public donations to pay fines, expenses, compensation for which judicial decisions have been issued, or for the repayment of credits. The same article also prohibits the distribution of aid for the purpose of exploiting one or more persons in a situation of vulnerability, need or distress. Similarly, Article 6 stipulates that all donations collected, whether in cash or in kind, must be used for the purpose or purposes for which the appeal was made. Paragraph 2 of the same article prohibits the use of part of the donations collected to cover the management costs of the association (or associations) or of any other legal person having made an appeal to the public generosity or to cover the management costs of another party. Nevertheless, and exceptionally, part of the donations collected may be allocated to cover the costs of collecting or distributing the donations, if the party having launched the appeal does not have sufficient means to cover these costs (paragraph 3, article 6).
Article 9, for its part, provides that the application for authorization to launch an appeal to the public for donations must determine the means used to launch this appeal, as well as the mode of collection of donations, the date of commencement and completion of the operation of collection of donations, as well as the place (s) where it will take place and the estimated amount of donations, indicating how they will be distributed according to their nature. During his appearance before the Committee on the Interior, Local Government and Basic Infrastructure in the House of Councillors, the Minister of the Interior, Abdelouafi Laftit, said that this bill aims to ensure a balance between “the importance of charitable actions, the interest of donors and the safety of recipients. In addition, Mr. Laftit had explained that the associations recognized and enjoying a legal status are entitled to collect donations for charitable purposes, but provided they comply with this law.
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