Why NGO registration may fail

Why an application for registration of an NGO in Uganda may be declined

The Bureau may refuse to register an organization for several reasons among them

(i) Where the objectives of the organization as specified in its constitution contravene the law.

(ii) Where the application doe not comply with registration requirements.

(iii) Where the applicant has given false or misleading information in the application.

What is an NGO?

What is a Non Governmental Organization (NGO) in Uganda?

A Non Governmental Organization (NGO) in Uganda is a legally constituted organization that may be a private voluntary grouping of individuals or associations established to provide voluntary services to the community or any part thereof but not for profit or commercial purposes. An NGO must be registered by the National Bureau for Non Governmental Organisations in accordance with the law. Additionally, an NGO must have a permit issued by the Bureau which mandates it to operate in a given geographical area and to carry out activities specified in the permit. It is illegal for an organization (NGO) to operate in Uganda with out a permit issued to it under the Act.

National Bureau for NGO Board

The Board of Directors of the National Bureau for Non Governmental Organisations

The Bureau has a board of directors as its governing body, appointed by the minister with the approval of cabinet. The board is constituted of a chairperson, vice chair person, two representatives from the Non Governmental Organisations Sector and three other persons who must be citizens of Uganda, and of high moral character with proven integrity. The board has committees and sub committees that may be assigned functions for efficient performance of its functions. 

The bureau also has management staff like the executive director, secretary and other staff. The Board members tenure is for only 3 years and are eligible for re election for another term.

Staffing of an NGO and employment of non citizens

Staffing of an NGO and employment of non citizens in Uganda

The law requires every organization to;
Submit to the Bureau a chart showing its organizational structure at the time of applying for registration.

• Indicating its foreign staff requirements 
• The period for replacement of foreign staff with qualified Ugandans. 
• Comply with Ugandan employment and labour laws. 
• Not employ a non citizen unless that person has been cleared by the Government of Uganda. 

The process of clearance requires the organization to forward to the Uganda government through the Ugandan Diplomatic Mission in that country the following for consideration of their suitability to work in Uganda;

Special obligations of an NGO operating in Uganda

Section 44 outlines the special obligations of NGO that an organization shall;-

a) Not carry out activities in any part of the country unless it has received the approval of the DNMCs and Local Government of that area and signed a memorandum of understanding with the Local Government to that effect.

b) Not extend its operations to any new areas beyond the area it is permitted to operate unless it has received a recommendation from the Bureau through the DNMC.

c) Co-operate with local councils in its area and the relevant DNMC and SNMC.

d) Not engage in any act which is prejudicial to the security and laws of Uganda.

e) Restrict its operations to the area in which it is permitted to operate under the permit.

f) Not engage in any act which is prejudicial to the interests of Uganda and the dignity of the people of Uganda.

g) Be non partisan and shall not engage in fundraising or campaigning to support of oppose any political party or support or propose to register a candidate for a political office.

h) Have a memorandum of understanding with its donors, sponsors, affiliates, local or foreign partners specifying the terms and conditions of ownership, employment, resource mobilization for the organization.

Self regulatory body for NGOs in Uganda

The Act allows NGOs to from a self regulatory body for purposes of exercising regulatory authority over them. Two or more organizations may come together and form a self regulatory body which must be registered with the Bureau. The organizations must agree that the body will regulate them and that they will abide by a set code of conduct, rules and procedures.

Registration with the Bureau is by way of application accompanied by a resolution of each of the organizations forming part of the body stating its willingness to be part of the self regulatory body and a code of conduct of the body. The code of conduct is adopted by a special meeting of the body. The body also has the liberty to adopt its own structure, rules, procedure for efficient administration. The body may also adopt self regulatory mechanisms that include rules, standards to govern the organizations.

Revocation of the permit to operate an NGO by the Bureau

The Bureau has powers to revoke the permit to operate an NGO where the organization does not operate in accordance with its constitution; or where the organization contravenes any of the conditions or directions specified in the permit.

Before the permit is revoked the Bureau must notify the permit holder and ask such permit holder to show cause why the permit should not be revoked. Where the Bureau revokes the permit, it must notify the permit holder and state the reasons for revoking the same. A permit holder whose permit has been revoked has the option to re apply.