IMPLEMENTATION OF THE NGO ACT 2016 Presented by: Mr. Okello Stephen Interim Executive Director National Bureau For NGOs 1
1.0 Introduction The NGO Registration Act Cap 113 was enacted in 1989 and operationalized by the NGO Registration Regulations of 1990. The Act established the National NGO Board and mandated it to register NGOs in the country. The Act was amended in 2006 by the NGO Registration (Amendment) Act of 2006 and operationalized by the NGO Registration Regulations of 2009. 2
Introdn ctd In October 2010, Cabinet approved the National NGO policy that had been widely consulted on. Procedurally, the NGO Policy should have been developed before the Act. 3
Introdn ctd The NGO policy identified some concerns and also introduced new elements that had not been taken care of in the Act. There was need to address the concerns raised by the National NGO Policy and have it harmonized with the Act in order to cure the lacunas in the Act. In line with the above, the process to review the Act started in January 2011. 4
Introdn ctd This process involved consultations with key stakeholders (state and non-state actors), research and benchmarking. The new principles were developed and approved by Cabinet on the 9 th day of January 2013, subject to further consultations and benchmarking. 5
Introdn Ctd On the 11 th day of March 2015, the NGO Bill was approved by Cabinet to repeal the NGO registration Act Cap 113. On the 10 th gazetted. day of April 2015, the Bill was On the 13 th day of May 2015, the Minister of Internal Affairs tabled the Bill before Parliament and it was forwarded to the Defence and Internal Affairs Committee. 6
Introdn ctd The Parliamentary committee carried out consultations with both the state and non state actors and reported back to the full House. On the 26 th day of November 2015, Parliament passed the NGO Bill. The Bill was assented to by the President on the 30 th day of January 2016. The NGO Act 2016 was then gazetted and commenced on the 14 th day of march 2016. 7
2.0 The Gains of the NGO Act 2016 The NGO Act 2016 is divided into 11 parts with 59 clauses and 2 schedules. The gains of the NGO Act 2016 include:- 1. Definition of an NGO 2. Creation of different types of NGOs 3. Establishment of an NGO Bureau (Semi autonomous) 4. Establishment of Board of Directors (NGO Representation) 8
Gains ctd 5. Registration of Community Based Organisations 6. Registration and Incorporation of NGOs 7. Dissolution of NGOs 8. District and Sub County NGO Monitoring Committees (NGO Representation) 9. Branch offices of the Bureau 9
Gains ctd 10. Exemption of NGOs 11. Self Regulations 12. Annual Returns 13. Inspections 14. Business operations of NGOs 15. Affiliated organisations 16. Special obligations 17. Appeals and Adjudication Committees 10
3.0 Missed Opportunities Some of the missed opportunities include failure to:- 1. Establish a fund for NGOs 2. Establish an apex body for all NGOs in the country 3. Establish a one-stop centre for NGOs 11
4.0 Lessons Some of the lessons include the need:- learnt in regard to the NGO Act 2016 1. For more dialogue between the Government and NGOs in order to remove the mistrust and promote partnership. 2. For Collaboration and information sharing amongst the different NGO stakeholders is key in giving effect to this Act. 3. To map out and profile the operations and contributions of NGOs to the country. 4. To document best practices and publish them for public consumption. 5. For capacity building for all the key NGO actors from the national to grass root levels. 12
5.0 Roadmap for implementation of the NGO Act 2016 The roadmap for implementation of the NGO Act 2016 is as followings:- 1. Development of the NGO Regulations. 2. Appointment of Board of Directors (Five (5) members from different fields and two (2) NGO representatives). 3. Appointment of the Executive Director, Secretary to the NGO Bureau and recruitment and selection of the other staff. 13
Roadmap ctd 4. Capacity building for the Board of Directors, NGO Bureau staff, District and Sub county NGO Monitoring Committees. 5. Relocation of the NGO Bureau officers from the Ministry of internal Affairs Headquarters to premises with adequate office space. 6. Develop Guidelines for NGOs, CBOs, District and Sub county NGO Monitoring Committees. 14
Roadmap ctd 7. Popularize, sensitize and disseminate the NGO Act and Regulations to different stakeholders. 8. Mapping out the NGO Sector to establish the exact number of active NGOs and CBOs; and the activities they are engaged in. 9. Appointment an Adjudication Committee. 15
Roadmap ctd 10. Develop and activate an NGO Bureau website to enable; online application and registration; automated reporting portal which is networked to different stakeholders, districts and sub counties; and other online services. 11. Establish and operationalize a monitoring and evaluation framework and tool. 12. Establish Branch offices 16
6.0 Conclusion In conclusion, the NGO Act 2016 has attempted to address a number of concerns of the NGO sector. This will ensure that NGOs operate in a more conducive environment and are able to work better in a transparent and accountable manner. Therefore, all the different stakeholders need to play their roles in order to give effect to the Act and ensure it is effectively implemented. 17
THANK YOU 18