Skip to main content

NGO Decree No. 81

fn,o'{;,i
. REPUBLIC OF THE GAMBIA
qt ,a sit
i..
NON – GOVERNMENTAI,
DECREE
ORGAIIISATION
1996
DECREE NO. 8L
w
{#,*”:) ;-‘”r,r.
s$t ?’i{?
t’, lH ..,t 2 J _to
,/ ,. /
4*y

I
I
l’ii
SECTIONS
1.
2.
3.
4.
5.
5.
7.
8.
9.
1_0.
11_.
L2.
13.
L4.
NON-GOUERNMENT.f,T, QRGA}TISATION DECREE 1996
DECREE NO. 81
ARRANGEMENT OF SECTTONS
Short tit,le
InEerpretat,ion
Est.ablishment of Non-Governmental Affairs
Agency
Functions
Staff of the AgencY
Bstablishment. of the Executive Board
conposition /
Rrnctions
Itleetings of ttre Board
Regist,ration of Non’Government Organisation
Existing Non-Government Organisat’ions
Prot,oco1 of Accord
Code of conduct,
Power t.o make regulat,ions
First, Schedule
Second Schedule
l_

NON.GOVERNME$IT.AT
DECREE ]”995
OR.GAIEISATION
DECREE NO. 81
[23RD ]dAY, 1_996 j
THE ARIfED FORCES PROVISIONAT RULING
COITNCIL hereby decrees’ as follows
1. This Decree may be cited as
the Non-Governmental Organisation
Decree, 1996.
2 – In t.his Decree unless the
context otherwise reguires, -/
rrAgency” means the Non-Governmental
Organization Agency; and
rBoardn mearls the Executive Board
of the Non-Governmental
Organisation Affairs Agency.
3. There is hereby established
within the Ministry of Local
Government. and Lands a semi-
autonomous Non- Governmental
Organisation Affairs Agency.
4″ The Agency shall,
(a) serve as an administrat.ive
tink between t.he Government
and non-gcvernment.al
organisations operat.ing in The
Gambia,
(b) advise GovernmenL on all
matters relating Lo non-
giovernmental organisations,
ffi
THE GAMB IA
Short
ritle –
fnter-
pretation.
Est.ablish-
ment of Nqn-
Governmental
Affairs
Agency.
Funct.ions
of the
Agency.

ri
I
Cap. 95
(c) implement the National Po1icy
on non-governmental
organisations and the
provisions of this Decree,
(d) process and grant Clearance
Certificates to prospective
non-governmental organisaL.icns
prior to their incorporation
under the Companies Act,
(e) ensure the compliance of non- *t
, governmental organisations
with the provisions of the
Protocol of Accord and the
Non-Governmental Organisat ion
Code of Conducto
(f) -.’tacilitate, monitor and
evaluate the acLivit.ies of
non-governmental organisations ‘ at communit.y levels,
(g) liaise with the Associati on of
Non-Governmental Organisat ions
to facilitate the operations
of non- governmental
organisations with a view t.o
increasj-ng their level of
contributions and impact on
the socio-economic d.evelopment U of The Gambia,
(h) prepare and i-mplement
institutional and human
resources development
progranmes for non-
gowernmental organisations,
(i) prepare and publish a
directory of non-governmental
organisations bi-annual1y, and
,li,i

{
St.aff of
the’Agency
Est.abl-i sh-
ment of
the Executir;e
Board
Composi-
tion
(j ) prepare and implernent programmes relat.ing to education and communicati-ons
as guides to non-governmental
organisations operat.ing within such areas –
5. (1) There shal_l- be an Execut.ive Director of t.he Agency ruho shall be the head of the Agency.
(2) The Agency shall have such professional_ and ot.her administrative officers as may be necessary for its administration.
6. I There is hereby estabt’l-shed the Executivl eoard of the Non-Government.al Organisat.ion Agency which shall be the policv making authority of the Aglncy, and shall supervise its management.
7.
of
(a)
The Board shall consist
a Chairman who sha]l be appointed by t.he Minister responsible for Local
Government and Lands;
t.wo members representing
conrmunit.y groltps and professional associaLions,
one representat.ive of either t.he education or health
sector,
lne representative of the agricul,tural and manufacturing sector;
(b)
(c)
(d)

(e)
(f)
(g)
(h)
(i)
a represer,tative of the
Mini-st.ry of Local Government
and Lands,
one local and one
international- member of The
Association of Non–
Governmental Organisation,
one indi-vidual with a
commendable work experience in
an international development
organisation,
one legal practitioner in the
service of the Government to
be nominated by the Attorney
General, and
the Executive Director of the
Agency who shali serve as
sect?etary.
(2) A member of the Board
shall hold office for a period not
exceeding 2 years, and shall be
eligible for re-appointment.
B. Formulate the National- Policlz
on non-qovernmental organisations
to be implernented by the Agency.
9. (1) The Board shail meet
at such times and at such places V
as t.he Chairman may appoint but
shall meet at least once in every
three months.
(2) The Chairman shall
preside at every meetrng of the
Board and in his absence the Board
may elect any of its members to act
as Chairman.
(3) Questions proposed at a
meeting of the Board shal1 be
determined by a simple majority of
members present, and in the case of
an equality of votes the Chairnxan
shatl have a second or casting
vote.
*”
Functi:ns
Ivleet.ings
of the
Board.
i,M

F
(4) The quorum of any meeting
of the Board shall be five.
(5) When upon any special
occasion the Board desires to
obtain the advise of any person
upon any part.icular matter, the
Board may co-opt such person to be
a member for such meeting and such
person, while so co-opted, shall
have all the rights and privileges
of a member save t.hat he shal-t not
be entitled t,o vote upon any
question.
(6) The validity of any
proceddings of the Boird shall not
be affect.ed by any vacancy among
it-s members or by any defect in the
apcointment of any of them.
(7) Minutes shall be kept of
the proceedings of the Board and
any such minutes shall, lf signed
by a person purporting to act as
Chairman of the meeting to which
the minutes relat.es, or of a
meeting at, which they were read, be
evidence of the proceedings of t.he
first. – mentioned meet.ing.
(B) Any member of the Board
who has any int.erest, directly or
indirect.ly, in any matter which the
Board proposes to undertake shalI
disclose the nature of his interest,
to t,he Board and shaIl be
disqualified from participating in
any deliberations of the Board on
the matter or voting in any
decision of t-he Board on such
matLer.
ii’

Regis-
trat.ion
of Non-
Govern-
ment
Organi-
sation
Cap. 95
Existing
non-Govern-
ment Organi-
saEions
Prot,ocol
of Accord
First,
Schedule
l-0. (1) Any volunEary
organisaEion, association of
persons or civil societY whether
Ioca1ly formed or otherwise, whose
purposes are charitable shaIl, if
it wishes Lo be accorded t,he status
of a non-governmenEal organisaEion,
apply Eo Ehe Non-GovernmenEal
Organisation Affairs AgencY for a
Clearance Cert,ificate before it is
registered as a charitable
organisation under the ComPanies
Act,.
(21 The Non-Governmental
Organisation Affairs Agency shall
grant, a successful applicant a
Cl-earance Certificate prior Eo ics
regist,ra€ion wich Ehe RegisErar of
Companies.
L1. Al1 non-government,al
organisations existing prior to the
coming into force of t.his Decree
are required to re-aPPIY to the
Agerrcy for registraEion under this
Decree.
L2. (1) The relacionshiP beEween
t.he GovernmenE and every non-
governmental organisation sha1l be
governed by Ehe Prot,ocol of Accord
ioncained in the First Schedule.
(2) The ProEocol of Accord
shaIl be execuEed by the Executive
Direct.or of the Non-Governmental
Agency or his representative
r-preienEing t,he Government and Ehe
chief executive of each non-
governmeneal organisat,ion .
I”
v

7
Code of
conduct.
Second
Schedul-e
Power
to make
regulations.
13. (1) Every non-goverfirental
organisat,ion oPerating in Ttre
eamUia shall adhere Eo Ehe Code of
Conduct contained in the Second
Schedule.
L4. The Minister maY make
regulations for the Purpose
of carrying out. the Provisions of
this Decree.
(2 The Government shall use
any conciliators measure it deems
apiropriate to remedy any breach of
the.Code of Conduct bY any non-
government. organisation –

8
THIS PROTOCOL OF ACCORD MAdC ThC day of
]-99 BETWEEN THE GOVERNMENT OF THE GAMBIA (hCTCiNAfTCT TCfCTCd
to as “The Government”) of the one part, AND
(hereinafter referre:i i-o as the NGO”) of the cther part”
l
WHEREAS r-he 3c-.-:1::i-.=:t: a::C tne liCC in Cheir mutual desire to
crolicie cls-:–.-3 :3:-:-e:cr:c:i.j c cha;:ge for 1:he betterment ann j,:=- — ,-=-:-g :i –::: r.=:lle :f l::e Garrbra, ila.”e decided Lo enter
-;:c a :leiningf::- la:–::e:sh:p :har ‘..,’ouid facilitate developrnent
eifcrts rn the r;arlcus secfcrs, of the national economy jn
accordance wich nationai poircies and Gcvernment prcnouncement:
AND WHEREAS it is desirable to have a Protocol of Accord to
define the relati-onship between the Government and the NGO, the
Government and the NGO have agreed as follows:
ARTICLE 1
The Government shall accept and recognise the NGO as a non-
profit, voluntary, development oriented organisation operating in
bfr. e-nnir in pulsuit of national development goals within the
timits of the brganisation’s financial, material and human
resources, and the framework of articulated and enunciated ,.1
Government policies and priorities.
ARTICLE 2
rhe Go,rernment shall endeavour to
conducive to fr-rll participar;ion of
development prograilrme, particularl
and interest of the organisation,
that would forster the development
ltecessar),”.
create an atmosPirere that is
tkre NGO in The Gambia’s
y in those sectors o exPer’tLsc:
as weli as in poiicY reform’
effort and Process where

ARTICLE 3
The Government ildy, if requested, faci_litate t.he implementation of the NGO,s programmes
ARTEfigeffi—-€
The NGC sharr be granted i.ax-and duty rnraiver on materiars, equipment, motor vehicres and goods l-rnplcrted_or acq.r:_i.o I-ocalry trzhich are llecessarv for the imiremeni”ii”” or its programmes and projects, clr Lo be distributed to nee,:lv citi-zens.
i’r’;’;s1 income generati.ng a;:ri,viries ciesigned to support eciLucational and heattir-priig::ams sharr_ aiso be exempt from Laxation” The vorume of sich tax conc.””iorr* shalr however always be comnensurate with the scope “i-trr” NGo,s act.ivities and heiief ics directly accruing ro trr* _gi”=Jioots r_ever. pro!-ided that in the e.,err. t}:e inat’6;”;i;, motor vehicles, and goods are not. used in acce-.rdance with the functions of the NGo, the Government sharr have the ri-ght-l”””epry the prevai_ring impo::r’ and tax duti=s cr. them. I-Inder no–circo*”tirr”e” wourd duty wai’re:: be ar:cord.ed ro l,”r:lury rnaterials, luxu::y motor vehicles ancl luxury goods
t
ARTTCLH 5
Motor vehicles__bel0nging to the NGo shail be granted BLUE NUMBER PLATES by the Non-Govermnental 0rganisal:-o” Affairs Agency bearing the NGo number assigned t6 it and such motor vehicles shalI be exempt from all forms of taxation requirements.
ARTTCLE 6
The Government may upon applicat.ion made to it. in the..pteacribed manner facilirate t.he ent;y, residenc.
“rrJ-rJgl”irilion.fo.D employment of the expatriale sEaff of the NGo. The d.irect dependents of the expatriate scaff shall arso be accorded Ehe same privileges for entry and residence.
1..-

I
10
ARTICLE 7
No custom duty shal1 be levied on the persor^al effects and
belongings of the expatriat.e staff of the NGO and their famil-ies
accompanying them on their initial installation: these personal
effects or beJ-ongings shall not include food and drinks.
ARTIELE I
Each expatriate employee of
duty free concession on one
an NGO may benefit from temporary
motor vehicle, renewable each year.
ARTICLE 9
The diversion from the declared destination and use of all goods
or items i n respect of which duty has been waived or other concessions gl-ven will resu]t in thb ful] application of t.he prer.’ailino ii:rcc:l r-ax and customs reg:ulations.
ARTTCLE 1O
The salaries and
expatriate staff
of The Gambia.
other benefits received by or paid to the
of the NGO shall not be taxed by the Government
ABTICLE ].1.
The Non-Governmental organisations Affairs Agency shalI be responsible for clearing, registration and coordination between the NGo and the relevant secLor Ministries and Department,s. rt will also be responsible for monitoring the NGo’s activit.ies,
including accounting for end user duty waivers and oLher .-‘oncessions, through t.he relevant sector Minist.ries and i)eparLments.

11
The NGO shall participate in development activities that are in
“on=onrrrce
witf, the palicies and priorities of the GovernmenL for
which it has rppr”priate resources and expertise, in accordance
vrilh the Non-Clirer-nment.a1 Organisat.ion Code of Conduct and
Memorandum of-inclerstanding iignea with the relevant Ministries,
Departments, or Agencies.
&RTICLE 3.3
The lJGo shalt deposit wit,h the Non-Go-rernmental Organisations
Affaj-r:s agency, I OeCailed pJ-an of r’;s a.nnual- wcrl<- programme and lircg*r prlo, Lo ri:e begl"nninE ?i !l? g"y*trnrnenrns fiscal i'ear, an,j a cietailed annual- reportl highligtrting prcgres? o* activities r-r.::rc-1ertaken over the year, workplans fo:: the fr)l-lowingi year' ;rco.'.rnts audited hy iton-Governfoentat O::Ean:i"sations Affairs Agenr:y ;.;e;".;;a auditcrs and budget j-ricir:cinq r-1'r:ancities antl ccists at ieast three montiis af,Ler t.Lre progrstfrlll€ Ye?ai: eirds . ARTTCT,E J-4 Qualified Gambian Nationals shaIl be ernployed by the NGO for the i*pi.*".rtation of its programs and they- sirltt be provided with ;p;;;L""ities for traiitittg and promotion which shall be done rviChin the framework of iis programmes and policies, with t'he view to ensuring the sustainability of these programmes to benefit the people in the long term' ARTICLE 1.5 The NGO shal-l undertake to distribute goods and services on the basis of need, not creed, ethnicity or political affiliation' ARTICLE 1.5 fn tire case oi vrill assist in resources and full extent of thef t or f raud cf NGO reso.Llrces ' the Governrnent every way possible in the recovery of the lost-- in t.hl pntsbct.ion of responsible parties ' to the the law. 12, ARTTCT,E ].7 All differences between the.Government. and the NGO relating to the inrerprerari-ons or-.ppiicari;;--;i-tf," prorocor of Accord shall be amicably resorvlh rairinj *rri"ii'serrlemenr sharl be sought Lhrough an arbitration pro-ess in accordance with the Arbitratj-on Act. Cap. g - ARTTCLE 1-8 rf Lhe NGO's activities are founcl not to be i_n conformity with GovernmenL,'s development agenaa or aetiimental to trre integri.y of the Governmenr ana rne ;;;; J"a]"i"iiriiv-"i"ri"=.o,rnrry, rhe Government sha1l revoke tni= protocol of Accord. ARTICLE 19 The Protocol of Accorci wiil take effecl on the da.e of sigmaLure by the chief executives of the NGO-and the Non_Governmentar orsanisarions Affairs Asency .;9;;;";ir_"it; "iJ iiir be varid for a rwo year period, and renewable- for rhe-;;;;;;ioa or rime by mutual consent of the NGO and the eo.rernment. € ARTTCLE 2O This Prot,ocol of Accord mav agreement, of both parties. be amended at any Eime by Ehe nrutuaL Abrogation of the proE,ocol party by due notificat,ion Eo annulment. of Accord can in writ,ing, at be iniriated by either leasE six monr,ls priJi t3 IN WITIIESS WHEREOF the parties have hereunder set Lheir hands and seafs the day and year tirst ai:ove written' SIGNED STJALED AND DETIVERED FOR A}ID ON BEIIATF OF TIIE GOVBRNMENT OF TIIE GAMBIA BY t IN THE PRESENCE OF SIGNED SEALED AI{D DELIVERED BY FOR AND BEEAI.F OF TIIE NGO IN THE PRESENCE OF t,4 Rgeastble b The Gambia Governnre::*. .";onsci€]li,g of *'he need f or a Ccde of ,-,--- Conduct to regulat,s tire cond.j.tj-ans under which X{on-GovernmenE,al Organisations operat,e fu, The Gam-:ia, and the need to ensure Ehat t.heir interveni-{c::s, act.iviL:ie:' & prcgrafitrnes are consisEenE, wiEh t.he :aisqn d.'eere of Non-Go'r.ern;:':entai Organisat j-ons. Desirous that t.he canLribution of Non-Go'.:.'ernmental Organisations in E.he nat.j-onal development process is LransparenL, and their effort.s invoh,'e the partreipaii-on cf t-he beri6ficiaries to t.he fullest extenc, and il:at lhe existrng good relations beEween Non- Gorre:';i:l;::l:al al::gar:ga:icns and che Gambia GovernmenL, and donor agencies s.nc parLters are nci jeoparcized, nor Eheir credibility and pro:i-:ij-.€n?e in :he scunlr'..' iestroyed in any way; Aware of tj:;: facl :ia: ,:.crneit.-rui.. ici ;he reccgnit.ion of Non- Gover:nr.tenil i-;.r';enisa.Etons effeci.iveeess has steadily increased in the pasc fiii-!v j,e-1i-'S, w..'i t.li bil-aeerai.-ri:.,:;ni::^ii-Laeeral- tlonors, a.l1ke increasing"L*v rnaking provasr-cn for Lhe incl-usicn of lTcn-Go'rernment OrganiseiLi+r* j"n c-heir progranunes, which created a c.evelopment. climat.e tl:au has brcught great,er prominence Lc Che wcrk of Non- e GovernrnenL. Organisaeiens. Acknowled.ging LFlet. in such clirnate of opportuniLy, it, is essential that Nci:*GevernmenE Organisations acE indivi.dualJ-y and co11ecl,ive1y Lc ensu:1'€ that., 1. Non-GavernmenL Organisat"ions are aceountable and E,heir operations transparent; 2. Non-Government Organisat.ions are true t,o E,heir st'at,ed mission and goals; Beneficiaries aE Ehe grassroots level are ProEected and effect,ively serrred; 4. Duplication of ef forEs and inst,itutional competit.ion are minimized or prevenEed, and 5. The creation and recognieion of new organisations are coordinated wieh exisEing needs. 1l 15 f tIIIII In light of these real-ities and ideals and the experiences of Non-Governmentaf Organisations in development activities and Lhe desire to uphold the principles underlying the ethos -of Non- Governmental Organisalions, Lhe Gambia Government and the Non- Governmental Orlanisations hereby mutually agree.thap all Non Governmental Orlanisations subscribe to and conrnit themselves to honour this Code of Conduct' - .- To be recognised and. registered as an Non-Governmental Orgar.isati5n, every prospective Non-Governmental Organisation A. shall- harre a consLitution which clearly sets out the organisation's mission Stat-emenL, non-trlrof i t, non-sectarian ir.d pof iiicatfy pluralist pharacLer, immed.iate and medium term d.evelopment- ouiect.ive's, defining the problems and concerns which have led to their creation; the Board of Directors will be c1earl1'distinct f::om staff in the governing authoritY, shatl provide operational documents stating precisely- their commitment to eilpowerment of people at the grassroot level or areas they wiin to intervene in, sectorally and geogtapfticaliy, Lo increase the self-reliance of these pe<.lple, and sha1l indicate sources of funding and strategies.fof.-. l-,' financial setf-reliance, and insEitutional sustainability B. c. Every Non-Governmental Organisation conrnits itself A. to advocate emPIoYees ' for and serve a coillmunity wider than its founders and directors, 16 B. t.o foster meaningful popular participaLion in the identification of communj-t.y needs and the determinat.ion of solutions or actions to respond to these needs, to help build up the capacities of t.he communities or beneficiaries it works with to initiat.e, undertake and manage development act.ivities that are sustainabre, to enhance community or grassroot level- empowerment, to foster self reliance and ownership of development, efforts, and to accounL t.o our beneficiaries, partners and donors financiar and mat.erial resources received in t.he name community. C. D. E. for all of the RELATIONS t Every Non-Gor.rernmental organisation conrnits itself A. Lo supplement and complement official efforts in the n::ioritl' areas of the various sectors in which Non- Gorrernmental Oi'ganisation contributions are sol-icited or -,reicome, and not compet.e with Government,, :,.:ii,.i.rr;r, .i --,,'*ii-.pment or undermine its develolment effort.s :,i;l-:i:e.l .::i il*&nne,l, inorder to enhance the image of the respect:.ve I'ir_rn-Government.al Organisation, c" to dialoEue, cooperate and coordinate with the respective governmeni sectors, to promote and further the interest.s of the beneficiaries and grassroots partners of the respecLive Non-Governmental Organisation, D to ensure interventions are compat.ible and i_n consonance with GovernmenL' s articulated and enunciated developmen: priorities and programmes, and E. to maintain and demonstrate a position of poriticar neutrality. 17 ORGAIVTSATTON *:iil"I"ft;S:;f:ffifi:ii"?.8ru:;i:jllofio**r." irserr in rerarion ro A' to foster a'd enhance colla,:ora.ion and. rnur-ual programrne supporr, developmenr ano cc,mp;i;;;;r each orher it alr 1evels, based ot trr" common r.rnderst.andirrg that Non_ Governnienral orsanisa:l:.1:^";;;;;;""r" in peopr g, s devel0pment, a*d noL riv'als, a_"ii ha.re an inlerest in each other,s growth and effe"ti.r"rr*uo, "" Db ' ro a"vcrd any f o::'m of c?mpeti tion bclween ancl anong lrTcn Governmenrat organisatioin;-;;"1.-,;n r:.et.a_ticn to or rundins rrom*donois or esrab'ish'ns ;;;;;;r;iris"iiii"n inf erna-Lional mon govennmental orilanrs.rLicns, C" r-o be Lr:ansparent in operatt_onu, ,$ha::e.,_nfa::rrat-ir:n freely with one anor-her ra"o-i"r-;;;.il_rl"r*aio* or Non_ Governrnencal or:ganisa!:"i *Lnrr*iu]-ao suhrni[ ;rni-:ual 35:3:iil-T,!,ol;li;r;:ii::i, .i" Jo' ii." Associar;;;-or Non- D' to engage in constant dial.gue, exchange experiences and share resources and expertile to-.ii.rrr". coordination and avoid duplicati-on and wastage of varuaore trniie-resources, E' to ensure mutuar- respect, .enhance each other,s :-ntegrity and avoid institutional-'conrrict "rrJ-Oi=.ora, anc F' to promote the colr_ective vrelr bernq a:l credibility of ;3:=Iff;Governmental o.s..i=iJ."-' = i:-a:ernrry and irs rlurr-Lrovernmental Organisation undertakes not to cornpromj-se its principles, ,alues anrl autonomy as a :;3:::i:1":" receivin;-;;;"' suppo,:r ror rrs institution or * o Every Non-Governmental I I I 18 B to seek the opinion of other groups or orgfanisations wit.h more experience, or necessary-tecfi"r""r assist.ance, where the implications of any aonoi tunaing-ieq,,,irements are not well- understood., to ensure that its operations are beneficiary_driven and not donor-driven and fun-ds are not accepted r:ecause they are offered or easily available, ensure openness and rnutual respecL bet'een itself and other Non-Governmentar- organisations and not subject itserf to a situation of total depetc.ncy and seff-d.ebasement, and to ensure that ar-l resources acquired ar:e so1ely committed to the atrainment of irs objecrir;;. - -^" D C E Signed for and c:r ce::al_f cf Non-Governmental Crganisacion In t.he presence of r;;-- 19 DATED THIS 23RD DAY OF MAY, 1-996 I CPT. YAHYA A. J " J. JAI{MEI{ Chairman of Lhe Ar:ned Forces Provisional Ruling Counei-L and Head of State I lrrilrtctl bv lhc (iovcrnlrrcnt l'linlcr. Undcr the N4inistly ol'Works. Cotttntunicatiolls & lnfilnnation. 1-o hc putchasc liont Thc Govenlnrsnt Press. 2lnd July Squale- llanjul. Thc Cambia. tl75/(r9(r/5(X) C.

-->