The Memorandum on the Non-Governmental Organizations Bill

By Sheila Muwanga 

Ag. Deputy Executive Director (Programs)

L-R; Ms. Lizet Vlamings, Ms. Josephine Kannkunda, Dr. Josephine Ndagire and Dr. Livingstone Sewanyana at the submission yesterday at the Parliament of Uganda.

Yesterday the 13^th May 2015, the Foundation for Human Rights Initiative (FHRI) appeared before the Standing Committee on Human Rights Affairs in the Parliament of Uganda to present its views on the Non-Governmental Organizations Bill, 2015 (NGO Bill). The Bill was scheduled to be tabled in Parliament that afternoon.  This interface was an opportunity for FHRI to contribute to and shape the position of the Standing Committee on the NGO Bill, 2015 before the Bill is brought to the House for consideration.

On 10^th April 2015, the Government of Uganda gazetted the Non-Governmental Organizations Bill, 2015. The object of the NGO Bill is to inter-alia; repeal the Non-Governmental Organizations Registration Act, Cap. 113 (as amended in 2006); provide a conducive and enabling environment for the NGO sector and; to address challenges relating to accountability and transparency of the NGO sector as well as subversive methods of work and activities, resulting from the rapid growth of non-governmental organizations.

In the memorandum to the committee, FHRI acknowledges and recognizes the duty and efforts by the Government of Uganda to streamline registration and monitoring of non-governmental organizations countrywide.  As Uganda’s NGO sector is growing rapidly, a comprehensive and unambiguous legal framework on the registration and operations of these organizations is needed.

However, even though enhancing accountability and transparency are legitimate justifications for the regulation of NGOs, according to FHRI, the language used in the Bill implies a spirit that is controllingrather than enabling. This is confirmed by several provisions in the Bill that provide for wide discretionary powers to reject registrations, revoke permits, impose hefty criminal sanctions and dissolute registered organizations, among others. 

 The Standing committee of Human Rights Affairs in Parliament led by Hon. Jovah Kamateka who is Chairperson.

In his oral submissions today, Dr. Livingstone Sewanyana, the Executive Director and the FHRI team, makes a case for the State/NGO-led (hybrid) model for a country that is transiting to democracy. As Parliament prepares to deliberate on the Bill, FHRI has advocated for and called on parliamentarians to adopt this model which in contrast to the State-led model, facilitates rather than controls the operating space of NGOs. The legislative process with a hybrid model is generally more participatory and consultative than is the case in a state-led model. Moreover, the regulatory authorities in hybrid models are more autonomous and often include representatives of the NGO sector among its board members. In the subsequent discussions, FHRI cautions the legislators against adopting the NGO Bill in its current form as they will have voted for a State-led regulatory model which leads to severe restriction of civic spaces.

We would like to share the memorandum just presented. It provides insight in the extent to which the right to freedom of association can be limited for purposes ofregulating organizations in Section 2. Section 3 examines the different NGOregulatory regimes on the African continent, and proposes that Uganda adopts the State/NGO-led (hybrid) regime. In Section 4, it fronts elements for a comprehensive enabling NGO law in line with such a hybrid regime. Finally, Section 5 provides a clause-by-clause analysis of the proposed NGO Bill.

Follow this link, to get a copy of the NGO Bill, www.fhri.or.ug