Some weeks ago, I posted some information regarding the requirements for registering NGOs in certain African nations. This data will give the reader a general idea as to what is required to accomplish the task. NOTE, however, that it would be best in any case to consult with legal counsel before trying to register your organization. Also, this blog posting will not be amended to conform the information to any changes in the various laws of the different nations listed.
This list is not exhaustive, and it is my hope that I can add information on other nations in the future.
Some of the links lead to items I have posted on the Nabuur discussion pages. They may be posted at another site later.
DEMOCRATIC REPUBLIC OF CONGO:
There has been difficulty finding regulations and laws governing the registering of NGOs in the DRC but the following two entries may provide some guidance for those who wish to establish an NGO in the DRC. However, it may be more practical to establish an NGO in another country and then have that NGO register and operate in the DRC.
The International Women's Rights Action Watch has posted on its web site:
"In April 1998, the government announced a new policy requiring NGOs to register with the Minister of Justice and to file copies of internal regulations and organizational structure."
The United States Department of State also has the following information posted on its web site:
"NGO's are required to register with the Minister of Justice and file copies of internal regulations and descriptions of organizational structure. In 1999 President Kabila promulgated a decree that restricted the activities of NGO's, including religious organizations, by establishing requirements for their activities. However, some existing organizations were exempt, and the decree was not enforced during the year (2000).
http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid=753 ">Comments of the U.S. State Dept.
Non-governmental organizations are required to register with the NGO Affairs Agency under the Protocol of Accord, as contained in the NGO Decree 81 of 1996, which defines the guidelines for the establishment and operation of NGOs and their relationship with the Government.
NGOs must first, they register as charities at the Attorney General's Chambers under the Companies Act. Entities that meet the criteria set out in the NGO Decree 81 of 1996, can thenregister as an NGO with the NGO Affairs Agency.
This information can be found at the following report: REPUBLIC OF THE GAMBIA / Public Administration /Country Profile / Division for Public Administration and Development Management (DPADM) / Department of Economic and Social Affairs (DESA) United Nations / August 2004 / Section 3.2 NGOs. Relevant portions of the Report can be found at: http://www.nabuur.com/modules/villages_issues/getfile.php?file=doc_45895cda42310.doc&mimetype=application/octet-stream&size=27648 ">Gambia . And the Report itself can be found online at:
NGOs in Ghana must register with the Registrar for registration with the Ministry of Manpower Youth and Employment (I believe this was formerly the Ministry of Manpower, Development and Employment) in accordance with Article 14 of the Ghana Companies Code 1963 (Act 179). The web site for the Ministry of Manpower Youth and Employment can be found at: http://www.mmde.gov.gh/ ">Ghana The Companies Code Act can be found online at: http://www.icnl.org/knowledge/library/download.php?file=Ghana/codeact.pdf "> The Companies Code Act
A Kenyan organization must be registered with the Registrar of Societies under PART III of the "THE (KENYA) NON-GOVERNMENTAL ORGANIZATIONS CO-ORDINATION ACT, 1990". The act can found at: http://www.usig.org/countryinfo/laws/Kenya/Non-Governmental_Organizations_Coordination_Act_1990__Kenya_%20.pdf ">Kenya [Author's note: The pertinent language of the act can be found at the following link http://www.nabuur.com/modules/villages_issues/getfile.php?file=doc_4582f98eef798.doc&mimetype=application/msword&size=21504 "> The pertinent language of the act ]
A Nigerian organization must apply to The National Council of Ministers for exemption under Article 19 of the Companies Income Tax Act of Nigeria; the text of which can be found at: http://www.usig.org/countryinfo/laws/Nigeria/Nigeria%20Companies%20Income%20Tax%20Act%20Artile%2019.doc ">Nigeria
Senegalese NGOs must apply to le Ministère de la Femme, de l'Enfant et de la Famille for recognition in accordance with DECRET N°96-103 MODIFIANT LE DECRET 89-775 DU 30 JUIN 1989 FIXANT LES MODALITES D'INTERVENTION DES ORGANISATIONS NON GOUVERNEMENTALES (ONG). A file containing some of the relevant sections of this law can be found at: http://www.nabuur.com/modules/villages_issues/getfile.php?file=doc_45885eb18ca56.doc&mimetype=application/octet-stream&size=25600 ">Senegal and the law itself may be found at the following web site: http://www.icnl.org/knowledge/library/download.php?file=Senegal/decree.pdf ">Text of the Law
[Please Note: the links to various sites belonging to The International Center For Not-For-Profit Law often require more than one try for them to work properly.]
--------------- SOUTH AFRICA:
A South African organization must apply to the Minister for Welfare and Population Development under http://www.usig.org/countryinfo/laws/South%20Africa/South%20Africa%20-%20Nonprofit%20Organisations%20Act%20-%201997.pdf "> Chapter 3 of the Nonprofit Organisations Act, 1997
NGOs in Tanzania must register with The Director for Non Governmental Organizations Coordination providing that office with the following information in accordance with the : THE NON-GOVERNMENTAL ORGANIZATIONS ACT, 2002
(a) a copy of the constitution of the Non Governmental Organization; (b) minutes containing full names and signature of founder members; (c) personal particulars of office bearer; (d) address and physical location of the head office of the Non Governmental Organization. (e) an application fee; and (f) any other particulars or information as may be required by the Registrar.
A file of the relevant sections of the law can be found at: http://www.nabuur.com/modules/villages_issues/getfile.php?file=doc_458850e5aed2a.doc&mimetype=application/octet-stream&size=25088 "> relevant sections and the text of THE ACT can be found at: http://tanzania.usaid.gov/documents/NGOAct.pdf "> THE ACT
NGOs operating in Uganda must register their organisation with the NGO Registration Board in the Ministry of Internal Affairs (MIA). The information required to register is as follows: Name / Country - area of origin / Countries the Organisation is affiliated to / Objectives of the Organisation / Target group / Membership (number of) / Titles of officers / Names of officers / Sources of funding (usually there is no specific source) / Property owned / Bankers. More information may be found at the following link:
According to the Zambia Societies Act of 1958 (Sections 6 and 10):
6. (1) Every society, other than a society in respect of which an order made under the provisions of subsection (2) of section twenty-three is in force, shall, in the manner prescribed and within twenty-eight days of the formation thereof or of the adoption thereby of a constitution or of rules, or within such extended period as the Registrar may in any particular case allow, make application to the Registrar for registration or for exemption from registration under this Act. An application under the provisions of this section shall be deemed not to have been made until it has been received by the Registrar.
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10. (1) The Registrar shall effect registration of a society by entering in a register kept for the purpose the particulars given in the application form and the date of such entry. Method of effecting registration (2) Upon payment of such fee as may be prescribed, the register kept under the provisions of subsection (1) may be searched and examined by any person during the usual office hours upon application being made to the Registrar in that behalf. (3) Any document purporting to be an extract of any entry in the register kept under the provisions of subsection (1) and to be certified under the hand of the Registrar shall be received in evidence as to the matters stated therein in any proceedings under the provisions of this Act. (As amended by No. 26 of 1960)
http://www.icnl.org/knowledge/library/download.php?file=Zambia/soc.pdf ">The Act