Draft legislation for the creation of a national environmental endowment fund in Madagascar

The report concludes that the preferred strategy for the establishment of a NEEF is to draft a law describing each aspect required for the establishment of this kind of institution (i.e., a nonprofit organization) in Madagascar. This appears necessary because the Malagasy partners do not fully understand the operating mechanisms of such an organization. No similar institution currently exists in the country. The first draft was developed by synthesizing legal provisions for endowment funds and nonprofit associations in 20 countries in Europe, North and South America, and Africa. The draft was disseminated among the principal parties to explain the operational mechanisms, rules, differences of these organizations, and to obtain their reactions. Reaction was obtained and reviewed, and a second draft was developed. This draft was forwarded to Malagasy legal experts for them to revise and adapt to Malagasy law. To date, the most controversial aspects of the proposed law are the purpose of the endowment fund, powers, designation of board members, conflicts of interests, and mechanisms of control. (Author abstract)