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;
- Certified details of his or her certificates,
- proven work experience,
- Certificate of criminal clearance.
(For purposes of use across country such documents must be notarized).
- An NGO shall not practice salary discrimination between Ugandans and non nationals.
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.
Functions of the board include;
- Overseeing implementation of the Bureau’s policies and programmes in the NGO sector.
- Reviewing and approving strategic plans of the bureau.
- Reviewing and approving annual plans and budget of the Bureau.
- Approving annual reports and accounts of the Bureau.
- Establishing and approving rules and procedures for proper financial management and accountability of the Bureau.
- Determining and reviewing structure and staffing levels.
- Appointing staff of the Bureau.
- Establishing and approving rules and procedures for appointment, discipline, termination of services and general personnel matters.
- Determining and reviewing terms and conditions of service of the staff of the bureau.
Remuneration of the Board members is by Ministry of finance. The board has powers to establish committees and sub committees and delegate them functions for efficient performance of the boards work. Members of these committees may be from within the board itself.
Special obligations of an NGO operating in Uganda
Section 44 outlines the special obligations of NGO that an organization shall;-
- 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.
- 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.
- Co-operate with local councils in its area and the relevant DNMC and SNMC.
- Not engage in any act which is prejudicial to the security and laws of Uganda.
- Restrict its operations to the area in which it is permitted to operate under the permit.
- Not engage in any act which is prejudicial to the interests of Uganda and the dignity of the people of Uganda.
- 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.
- 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.
Registration of Non-Governmental Organisations in Uganda
Applications are made to the National Bureau of Non-Governmental Organisations.
This application form is addressed to the Secretary of the Bureau and contains the following;
- Name of the Organization.
- Country of origin.
- Proposed physical address.
- Particulars of any affiliated organization whether within or outside Uganda.
- Objects of the organization.
- Classes of persons to whom the organization is open.
- The present number of members.
- Tittles of officers of the organization.
- Names, occupations, and addresses of present or proposed officers of the organization.
- Sources of funding.
- Property (if any) and the manner in which it is held, acquired or vested.
- Bankers of the organization.
- Any privileges, immunities, or exemptions requested by the organization from the government.
- Names, signatures, and passport size photographs of the promoters.
- The form must be dated.
This form must be accompanied by
- A certificate of incorporation (this applies where the organization is an already legally registered entity e.g. a company limited by guarantee).
- A copy of the organization’s constitution.
- A specification of the area of the intended operation of the organization i.e. the geographical area, the field of operation e.g. health, education, gender, and sexuality, etc
- A valid reservation of the organization’s name by the registrar of companies.
- A chart showing the organizational structure of the organization.
- A work plan and budget for the 1st year of operation.
- Payment receipts for registration fees.
- For local/indigenous organizations (NGOs wholly controlled by Ugandan citizens), they must additionally have ;
- A written recommendation to the Bureau by two sureties.
- A written recommendation by the Senior Assistant Secretary (chairperson) of the SNMC of the area where the organization intends to operate.
- A written recommendation by the RDC.
- Where the organization intends to operate throughout Uganda, a written recommendation by at least two of the above.
Upon compliance with the above requirements, the Bureau then registers the Organization and is issued a certificate of registration as NGO with a registration Name, Number, and date.
Once an organization is registered, it remains so registered unless its registration is canceled, voluntarily deregistered, or if it is wound up.
An opposition to the registration of a trademark grounded on existence of a similar mark will be upheld by the Registrar of Trademarks or the court, where the opponent establishes a likelihood of confusion to an average consumer in the territory where the earlier mark is protected.
BMK House, 4th Floor, Suite No.402, Plot 4-5 Nyabong Road, Wampewo Avenue, (hotel Africana)
P.O.Box 27689 Kampala. Mob: +256774477656
ADVOCATES WITH EXPERIENCE
Angualia Busiku & Co. Advocates (Registration Number 179893) is a law firm which is comprised of lawyers with previous experience in government service, corporate institutions and law firms.
Outside the office working hours, we are available on video legal consultation after prior appointment.