Thursday, 14 February 2013

Roles of Ngo in Uganda and Requirements for their registration





a)  Role of Ngo board in Uganda
b)  and requirements for the registration of Ngo in Uganda.

A non-governmental organization (NGO) is any non-profit, voluntary citizens' group which is organized on a local, national or international level. Task-oriented and driven by people with a common interest, NGOs perform a variety of service and humanitarian functions, bring citizen concerns to Governments, advocate and monitor policies and encourage political participation through provision of information. Some are organized around specific issues, such as human rights, environment or health. They provide analysis and expertise, serve as early warning mechanisms and help monitor and implement international agreements. Their relationship with offices and agencies of the United Nations system differs depending on their goals, their venue and the mandate of a particular institution.

The board of directors is crucial to an NGO and is responsible for many specific tasks. The board’s main task is to govern and oversee the operations of the organization through acting as fiduciaries. In other words, the board is legally ,financially, and morally responsible for the organization.1 Each individual member of a board is significant and holds many responsibilities that help contribute to his or her work on the board as a whole[1].

According  article 4(1-6) calls for establishment of Ngo  as it provides that,
There shall be a board to be known as the National Board for Nongovernmental
Organisations.

The board shall consist of the following –
Three members from the public one of whom shall be a female;  One member from each of the ministries responsible for the following,, Internal affairs;Justice and constitutional affairs;Local governments;Health; Agriculture, animal industry and fisheries; Gender and social development; Education and sports , One member from the office of the Prime minister,One member from the Internal Security Organisation; and One member from the External Security Organisation[2].

However according  to chapter 113(7)(1) (a) up to (f) 1989 constitution amendment  put forward the following roles of the Ngo board.

Shall be to.
Consider applications for registration and incorporation by organizations;
This phrase that the  Ngo board shall always put into  consideration to  that  all Ngos in Uganda are  registered  and at the same time having the exact requirements  for their survival.

Keep a register of registered organizations;
The  Ngo board shall ensure that  all records concerning registered organizations are  kept in a well organized manner , protecting them from fraud and others  problems that may affect records.

Guide and monitor organizations in carrying out their services at all levels of  Government .
The Ngo board shall act as  a guiding father to all registered  and unregistered organizations, that is to say shall give  guide lines on how to control, monitor resources through its continuous  supervision  of the  organizations  in Uganda.

 Develop policy guidelines for community based organizations
Still, the  Ngo board, concerning the mandate it has, shall portray guidelines  for community based organizations (CBO) that’s those  organizations  that are fully based on community perspective.

Make recommendations to the relevant authorities in regard to employment of non citizens by an organisation, or whether an organisation may be exempted from taxes and duties or be accorded any other privileges or immunities;

Advise the Minister on the general policy relating to the operations of
organizations[3].  The  Ngo board help to advise the minister of internal affairs on matters concerning   organization  that have been registered with   the law. It helps to give  policy guidelines and decisions on how to control, monitor, supervision of the organization.

Having looked at the roles that the Ngo board play, let us also look at  the  crutial things that one should put into consideration when registering  an Ngo.

A  letter of recommendation.
You need a letter of recommendation written by Local Council Chairman I (LC I). This must recommend the organization. On the same letter, the Chairman LC II, LC III and Resident District Commissioner (RDC) should each endorse their signatures and stamp. The organization can use the LC I from the area where it has its Headquarters. Getting this recommendation is usually easy and straight forward. In some cases (not always) you may need to pay a very modest administrative fee to LC I and LC II.
      
A written recommendation of two sureties or recommenders.
The Organization should have written recommendation of two sureties or recommenders who should each write separately recommending the organization. Technical areas of activities need recommendation from the concerned line Ministry/Department. The word surety here is used, not in the legal sense or guarantor but more like a recommender. Such a person should be knowledgeable in the areas of operations or activities and be of integrity.

Work plan
The Organization should have a work plan or its activities to be carried out for the first year of the term of operation. The activities or work plan for the one year should have budget that is  to say how much is to be spent on each of those activities (this is tentative budget). The budget should reflect the work plan.

Two copies of constitution
The organization should have two copies of the constitution or by By-Laws or Rules and should have a provision in it specifying the purposes for which the funds are to be utilized.

Organizational chat.
The NGO should have an Organizational Chart/Administrative chart showing its leadership.

Registration fee.
Every indigenous NGO is to pay 15,000/= registration fee and not more than that.

Filling forms.
Every organization is to fill Form A which should be duly completed and signed by at least two promoters. The names of the promoters should be printed in front of their signatures on the form. Promoters are the owners of the organization.

Papers /application
The Organization should bring all its papers/application on a Spring Manila File Cover.

Writing a letter
The organization should write a letter to the Secretary NGO Board specifying the area of their operation. This is what will be printed on the permit once granted. This is a contentious issue as if you have to carry out activities in areas other than that stated on your permit, you are expected to get permission from the NGO Board. It may be advisable to use words such as nationwide or state a broad range of places you hope to work in.

The Registrar General’s Office
Every organization should reserve its name with the Registrar General’s Office at the Ministry of Justice. This is done to make sure that no other organization will use your names or the name of the organization is free to be used by you. In case of subsequent change of names, a reservation must be done again. This usually takes less than a month, but the applicant may need to keep a close follow up with a contact person at the Registrar of Companies.

If the organization has a Foreigner working with it or the Foreigner is coming to join them, the organization should read section 13 of Non-Governmental Act 2006 (amended) and Regulations.

A Foreigner coming to assist the organization by staying with it should bring his or her:- Photocopies of his/her qualification papers, Present Immigration Status in the Country , A letter from his/her home Government that the subject has no criminal record. That is to say. He or she is of good conduct, A letter appointing the subject to the position he/she is going to occupy.

All organizations seeking Entry Permits/Visas for foreigners on behalf of the NGO should get endorsement/recommendations from the NGO Board. This is to make sure that the Board/Secretariat is aware of such immigrants working with NGOs and the information of such immigrants is available on the NGOs File.

Certificate of incorporation
The NGO Board sits once every month. Any registering NGO should expect its Certificate of Incorporation after a month of lodging its papers. This is not always the case and there is often an applications back log and it’s not a guarantee that an application for registration will be completed in a month. All Lawyers, consultants are advised to come with at least one of the officials of the organization being represented. The Secretariat will not welcome documents without their officials. Collection of Permits/Incorporation Certificates is by any official of the organization. Any other parties sent for that purpose should have authority letters from the organization.

When an organization closes down (even temporarily) the NGO Board should be informed.[4]
All in all, the Ngo board in Uganda has a mandate to make sure that all organizations are registered  in an organized way  with  efficiency, prudency and  vigilance.




[1] Hummel, Joan M. (1996). Starting and Running a Nonprofit Organization
  Minneapolis: University of Minnesota Press.
[2] The  1989 constitution chapter 113(4)(1-6).
[3] Chapter 113(7)(1) (a) up to (f) 1989 constitution

[4] Adapted from the official guidelines note provided by the NGO Board in the Ministry of Internal Affairs