Doninu (Malta) International formally declares that it operates under the legal framework of the Voluntary Organisations Act (Chapter 492). While it may appear that in certain cases the law is interpreted according to convenience, the fact remains that the law exists to be applied equally to all.
No one is above the law in this country — including the Commissioner for Voluntary Organisations.
Doninu (Malta) International will continue to act in accordance with this fundamental principle and will safeguard its rights and the rights of those it supports.
Doninu (Malta) International formally declares that it operates fully within the legal framework of the Republic of Malta, and in line with European Union obligations. Although it is not registered with the Commissioner for Voluntary Organisations (CVO), the organisation is non-profit, non-commercial, and operates lawfully under the following applicable legal provisions:
- Voluntary Organisations Act (Chapter 492 of the Laws of Malta) – Registration with the CVO is voluntary, not mandatory, for organisations that do not collect public donations or engage in public fundraising. As Doninu (Malta) International does not collect money, it is exempt from registration.
- Freedom of Association – Protected under the Constitution of Malta (Article 42) and Article 11 of the European Convention on Human Rights (ECHR), this guarantees our right to form and operate a voluntary organisation without unjust interference.
- General Data Protection Regulation (EU Regulation 2016/679) – Doninu (Malta) International fully complies with data protection and privacy standards as required under both Maltese and EU law.
- EU Charter of Fundamental Rights (Articles 12, 21, 26) – These articles protect the rights of individuals and organisations to organise, assist vulnerable persons, and promote inclusion without discrimination.
- Equal Opportunities (Persons with Disability) Act (Chapter 413) – Our support work with vulnerable persons, including children and persons with disability, is in line with this Act’s provisions promoting dignity, access, and inclusion.
- Civil Code (Chapter 16) – As an unregistered voluntary organisation, Doninu (Malta) International is still recognised under general civil law as a lawful association of persons acting for a social purpose, without need for registration as a legal person.
Despite attempts by some authorities or institutions to impose restrictive interpretations, the law is clear: unregistered organisations such as Doninu (Malta) International are fully permitted to operate as long as they do not breach public collection, financial, or fraud regulations.
We emphasise that no one is above the law, including the Commissioner for Voluntary Organisations. We will continue to assist the vulnerable and promote social inclusion while operating within the rights and protections afforded to us under both Maltese and EU law.
CHAPTER 492 VOLUNTARY ORGANISATIONS ACT.
The Commissioner for Voluntary Organisations (CVO) in Malta holds specific powers to regulate and oversee voluntary organizations, ensuring that they operate in accordance with the law. The CVO’s main duties focus on transparency, accountability, and the proper use of resources by non-profit organizations. Below are some of the key powers and examples:
Key Powers of the CVO:
- Registration and Monitoring:
- The CVO has the authority to register and deregister voluntary organizations. This ensures that all organizations are operating legally and in line with the expectations of the law.
- Example: If a voluntary organization fails to meet legal or financial reporting requirements, the CVO can issue penalties or remove the organization from the register.
- Financial Oversight:
- The CVO has the power to ensure that voluntary organizations use public funds correctly, including auditing their finances and reviewing their financial statements.
- Example: The CVO can request a detailed financial report from an organization receiving government funding to ensure that funds are being used for their intended purpose.
- Ensuring Legal Compliance:
- The CVO ensures that voluntary organizations adhere to regulations set by Maltese law, including those related to governance, transparency, and public fundraising.
- Example: If an organization is found to be fundraising without appropriate permission or without clear information on how the funds are being used, the CVO can investigate and take corrective actions.
- Issuing Warnings or Penalties:
- If an organization does not comply with its obligations, the CVO can issue warnings or impose penalties, including restrictions on activities or even legal action.
- Example: If a voluntary organization fails to file annual returns or provide necessary documentation, the CVO can issue a formal warning, and if ignored, further legal measures could follow.
- Investigating Complaints:
- The CVO has the authority to investigate complaints against voluntary organizations, particularly if there are concerns about mismanagement, abuses of power, or improper use of funds.
- Example: If a complaint is made regarding unethical behavior or financial mismanagement, the CVO can conduct an investigation and may issue sanctions or request corrective measures.
- Advising Government on Voluntary Sector Policies:
- The CVO advises the government on the regulation and development of the voluntary sector, ensuring policies align with the sector’s needs and legal standards.
- Example: The CVO might recommend changes to legislation to improve transparency in the voluntary sector, or they might provide guidance on best practices for non-profit governance.
Summary:
The CVO plays a crucial role in ensuring that voluntary organizations in Malta operate within the boundaries of the law, maintain transparency, and manage resources effectively for the public good. Through monitoring, investigation, and financial oversight, the CVO helps safeguard the integrity of the voluntary sector.
The document you shared is a summary of the risk-based policy and regulatory approach of the Office of the Commissioner for Voluntary Organisations (OCVO), supposedly to protect the voluntary sector under Chapter 492 of the Laws of Malta (the Voluntary Organisations Act).
However, your concern appears to be that some of the policy language or practice described in the document may itself break or conflict with Cap. 492 — possibly overstepping legal limits or introducing obligations without basis in law.
Below is a legal analysis identifying potential legal overreach or violations of Cap. 492 in the OCVO’s outlined policies:
1. Violation of Proportionality and Presumption of Legality
Cap. 492 Article 4 states:
“Nothing in this Act shall be interpreted as obliging a voluntary organisation to enrol under this Act in order to carry out its lawful activities.”
Violation:
The risk-based policy treats non-registered or un-enrolled VOs as automatically suspect, linking them loosely to terrorism, money laundering, or poor governance. This creates presumptions of guilt or risk without due cause or investigation — a breach of proportionality and the principle of legality under both domestic and EU law.
2. Overstepping the OCVO’s Supervisory Limits
Cap. 492 Articles 14–15, 18, 25, and 36 outline that the OCVO’s power to supervise, request documents, or impose penalties only applies to enrolled (registered) organisations.
Violation:
The risk-based framework suggests OCVO investigates and profiles organisations at the “activity phase,” regardless of whether they are enrolled. If applied to non-enrolled VOs, this constitutes unauthorised surveillance and interference, not legally permitted by Cap. 492.
3. Chilling Effect and Defamation of the Voluntary Sector
The document repeatedly links general characteristics of voluntary organisations (e.g., working in conflict zones, helping vulnerable people, being cash-based, etc.) to terrorist or criminal suspicion.
Violation:
This language promotes collective suspicion of lawful organisations without basis — possibly violating:
- Article 1 of Cap. 492: which is meant to encourage, not suppress, voluntarism;
- Constitutional rights to freedom of association (Art. 42 of the Constitution of Malta);
- Article 11 of the European Convention on Human Rights (ECHR) on freedom of assembly and association.
4. Risk Categorisation Without Due Process
The “Risk Matrix” classifies organisations as Very High Risk, High Risk, Medium Risk, or Low Risk, without any mention of due process, the right to contest such classifications, or oversight by an independent authority.
Violation:
This kind of classification system — especially if it affects how an organisation is treated — amounts to an administrative judgment with legal effect, yet is not subject to the legal safeguards required under:
- Cap. 490 (Administrative Justice Act);
- Principles of Natural Justice;
- General Data Protection Regulation (GDPR) – since profiling organisations and their administrators might involve processing personal data.
5. Encouraging Discriminatory Practices
Statements like “Know your partners,” “Avoid working in high-risk jurisdictions,” and “Use bank transfers only” can indirectly discriminate against poor, informal, migrant, or grassroots VOs that serve highly vulnerable groups or operate across borders without traditional banking access.
Violation:
Such policies risk violating:
- Equality principles under the EU Charter of Fundamental Rights;
- Article 32 of Cap. 492, which mandates support and respect for VOs working with disadvantaged groups;
- International human rights frameworks (UN Declaration on Human Rights Defenders).
What the OCVO can do under Cap. 492:
- Supervise only enrolled VOs (Art. 14);
- Request information/documentation only from enrolled VOs (Art. 18);
- Investigate abuse with specific leads or reports, not broad surveillance (Art. 36);
- Promote good governance, not impose sweeping controls (Art. 32);
- Refer suspected illegal acts to competent authorities (e.g. FIAU, Police), not act as a prosecutor.
Conclusion
The OCVO’s “Risk-Based Policy” document reflects a major shift from a support-based regulator to a quasi-policing agency, with practices that may breach Cap. 492 and other fundamental rights laws.
If applied indiscriminately or without legal safeguards, these policies may be:
- Ultra vires (beyond the OCVO’s legal powers);
- Contrary to both national and EU law;
- A tool for systemic abuse, especially against unregistered or critical voluntary organisations.
📘 Legal and Regulatory Analysis Report
Subject: Examination of the OCVO’s “Risk-Based Policy” under the Voluntary Organisations Act (Cap. 492)
Date: 11 May 2025
Prepared by: [Your Name / Entity]