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The Non-Governmental Organizations Act

LAWS OF THE NEW SUDAN

THE NON-GOVERNMENTAL ORGANIZATIONS
ACT, 2003

Printed and Distributed by Secretariat of Legal Affairs and Constitutional Development.

(PROVISIONAL ORDER)

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Laws of the New Sudan
The Non-Governmental Organizations Act, 2003

Chapter One
Section 1. Title and Commencement:- this Act may be cited as “The Non-
Governmental Organizations Act, 2003” and shall come into
force on the date of signature by the Chairman.

Section 2. Repeal and Saving:- The Non-Governmental Organizations Act,
1994 is hereby repealed, provided all proceedings, orders and
regulations issued, or made thereunder shall be valid till repealed
or amended in accordance with the provisions of this Act.

Section 3. Definitions:- In this Act, unless the context otherwise requires, the
following words and phrases shall carry the meanings herein
attached to them
:-
“Non-Governmental Organization (NGO)” means a voluntarily
formed organization or association with a written Constitution
stating the aims and objectives of that organization or association
for the promotion of social welfare and charity through
mobilization of private resources regardless of whether these
resources were internally or externally raised. Without prejudice
to the generality of this definition, this shall include, Churches,
Mosques, synagogues, Indigenous Religious Communities or other
Relief, humanitarian, Religious organizations or associations
operating in the New Sudan in accordance with the provisions of
this Act.
“Board” means the NGOS Coordination Board established by
section 6 of this Act.
“Certificate” means certificate of registration issued under Chapter
four of this Act.
“Registrar” means a public servant authorized by this Act to issue
certificates for the registration of NGOS.
“Project” means a humanitarian relief, and service delivery
project developed by NGOS in coordination with the
SRRC and implemented by an NGO alone or in partnership with
SRRC or any other local organization, group or community.
“Programme” means a project plan of action.
“Project assets” means those assets which are for the direct use by
project beneficiaries or are integral to the running and
sustainability of the project.
“NGO assets” means those assets listed in the project Agreement
which are owned by the agency in the field of its operations.
“Counter-part” means the community group, local authority or the
SRRC responsible for the technical implementation of the project.

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“Area” means a geographical territory under the direct control of
the Civil Authority of the New Sudan (CANS).
“SRRC” means the New Sudan Relief and Rehabilitation
Commission, the humanitarian wing of CANS.

Chapter Two

Principles Governing NGO Intervention

Section 4. The NGOS humanitarian intervention in the New Sudan shall be
governed by the following principles:-

a) Non-discrimination on the ground of race, ethnic group,
political affiliation or religious beliefs, disability or gender.

b) Impartiality in the selection and designation of project
areas with special consideration to areas of greater
humanitarian need.

c) Accountability to donor community, beneficiaries and
relevant public authority for all services delivered in
the field.

d) Building of Local Capacity with the view of an
ultimate independence from International NGO control.

e) Sustainability of NGOS intervention shall, in the long
term create self-reliance of the local community.

f) Projects for relief, and humanitarian service delivery shall
be implemented through NGOS whose goals are
consistent with the public policies and interests of the
beneficiaries.

g) At all stages of project implementation, local community
interest, to service delivery shall be taken into account
through a participatory approach.

h) Cooperation with the NGOS shall be on the principle of
NGO non interference in the affairs of the New Sudan.

Section 5. The main objective of NGO activities in the New Sudan shall be
to provide the following services:-

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i) Relief services for the war affected and vulnerable people
due to natural disasters.

ii) Care for the Internally Displaced Persons (IDP), refugees
and returnees through resettlement programmes.

iii) Rehabilitation of Socio-economic infrastructure destroyed
by war or natural disasters in cooperation with the SRRC or
any other similar organizations that may be established for
that purpose.

iv) Implement relief, repatriation, resettlement, rehabilitation
and any other, humanitarian activities as determined and
prioritized by the beneficiaries, the SRRC and the Local
Authorities.

v) Determination of priorities for relief, repartriation,
resettlement and rehabilitation in consultation and
coordination with the SRRC and the relevant Civil
Authority.

Chapter Three

Establishment, Functions and Powers of the NGOS Board

Section 6. There shall be established under this Act, a Board to be known as
the Non-Governmental Organizations Board hereinafter referred to
as “The Board” and abbreviated “NGOB” .

Section 7. The Board shall have the following functions:-
a) facilitate and coordinate the work of all the national
and International non-governmental organizations
operating in the New Sudan.

b) advise authorities on the activities of the Non-
Governmental Organizations and their role in the
Relief, Rehabilitation, and Resettlement of the
Internally Displaced persons, refugees entering the
New Sudan or returnees from the diaspora.

c) maintain the register of national and International
Non-Governmental Organizations operating in the
New Sudan, with precise sectors, affiliations and
location of their activities.

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e) conduct regular review of the register to
determine its consistency with the reports submitted
by the Non-Governmental Organizations.

f) provide policy guidelines to the Non- Governmental
Organizations for harmonization of their
activities with the national development plans.

g) receive, discuss and approve the code of conduct
prepared by the SRRC for the regulation of the
Non- Governmental Organizations activities in the
New Sudan.

h) receive, discuss and approve regular reports from
the SRRC and advise on strategies for the effective
and efficient Non-Governmental Organizations
activities in the New Sudan.

i) recommend registration of NGOS after which the
registrar shall process the registration in accordance
with the provisions of Chapter four of this
Act.

Section 8. (1) Composition of the Board:
The Board shall consist of:-
a) Commissioner for Foreign Affairs-Chairperson;

b) Commissioner for Interior – Member;

c) Commissioner for Legal Affairs-member;

d) Commissioner for Finance-member;

e) Commissioner for Health-member;

f) Commissioner for Education-member;

g) Commissioner for Woman and Child Welfare-
member;

h) The Executive Director of SRRC – Secretary.
i) Representative of Civil Society appointed
by the Board – Member.

j) Representative of the disabled, wounded heroes,
And widows – Member.

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2) The Executive Director of SRRC shall be an ex-officio
member of the Board.

3) The Board shall meet at least four (4) times a year but
the Chairperson may after consultation with the Secretary
or
upon a request by five members convene an extra-ordinary
meeting of the Board.

4) The quorum for the transaction of the business of the
Board shall be seven (7) members.

5) All matters in a meeting of the Board shall be determined
by a simple majority of the members present and voting.

6) In case of a tie, the Chairperson shall have a casting vote.

7) The Board shall cause the minutes of all the proceedings of
its meetings to be entered in books kept for that purpose.

8) Subject to the provisions of this Act, the Board shall
regulate its proceedings, and rules of conduct.

Chapter Four

Registration

Section 9. Every Non-Governmental Organization shall be registered in the
manner specified hereunder:

i) Applications for registration shall be submitted to the
registrar of Societies at the Secretariat for Legal Affairs and
Constitutional Development.

ii) An application for registration shall be made by the Chief
Executive of the proposed NGO.

iii) The application for registration under this section shall be
accompanied by a certified copy of the constitution of the
Non-Governmental Organization proposing to
register in the New Sudan.

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iv) The application for registration of an NGO shall be
accompanied by a non refundable fee as the Board may
determine from time to time.

v) The application shall be accompanied by an official
recommendation from the Board.

Section 10. Every NGO registered under this Act shall be issued with a
certificate of registration.

Section 11. A certificate of registration shall be a conclusive evidence of
authority to operate throughout the New Sudan or in such parts of
it as shall be specified therein.

Section 12. A registered NGO shall, by virtue of such registration be a body
corporate capable of suing and liable to be sued in its own
name.

Section 13. A certificate issued under this Act may contain such terms and
conditions as the Board may prescribe, provided that such terms
and conditions are within the spirit of this Act.

Section 14. The Board may refuse registration of an NGO if:-
(i) a) The activities of the NGO are incompatible with the
humanitarian principles as prescribed in Chapter
two of this Act.

b) The application contains a false information or
suffers from a procedural defect.

c) An NGO fails to submit a constitution as required
by this Act.

d) An NGO fails to submit a budgeted programme of
action for its project in the field of operations.

e) An International NGO fails to obtain work and
residence permits for its expatriate staff employed
in the New Sudan.

f) Its registration constitutes a security risk to the New
Sudan.

(ii) The reasons for the refusal to register an NGO may not be
given by the Board.

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Chapter Five

RENEWAL OF REGISTRATION

Section 15. Renewal of Certificate of Registration
1) An NGO, three months before the expiry date of its
registration certificate, shall apply to the Registrar of
Societies for renewal of its certificate.

2) On receipt of an application for renewal under
subsection (1) of this section, the Registrar may issue a
provisional certificate to take effect from the expiry date of
the previous one.

3) At the time of issuing a new certificate under this section,
the Registrar may vary the terms and conditions attached to
the certificate, provided that such variation is within the
Law.

4) If the certificate expires before the Registrar takes a decision
on the application for renewal, the NGO concerned shall
continue to operate as if the certificate is valid till the
Registrar decides on the application.

5) If an NGO does not apply for the renewal of registration till
the expiry date, the NGO shall be deemed to have decided
to discontinue its activities in the New Sudan and therefore
ceases to operate.

Section 16. 1) The Board may cancel or suspend a certificate issued under
this Act, if it is satisfied that:-
a) The terms or conditions attached to the certificate have
been violated.

b) The provisions of this Act have not been
complied with.

c) The SRRC or any other competent authority has submitted
a satisfactory recommendation for the cancellation or
suspension of the certificate.

2) Notice of the cancellation or suspension of a certificate shall be served on
the organization in respect of which such cancellation or suspension

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relates and shall take effect within fourteen (14) days from the date of
service.

Chapter Six

Exemption From Registration

Section 17. The United Nations and its Specialized Agencies shall be
exempted from the requirement of registration under this Act
.
Section 18. An organization established by a State or group of States for
welfare, relief, public health or any other form of development
assistance may be exempted from registration by the Board.

Section 19. Churches, Mosques, synagogues and other religious societies shall
not be exempted from registration requirement and they shall be
legally obligated to identify which organizations or associations
fall under them.

Chapter Seven

Employment and Engagement Of NGO Staff

Section 20. i) All the NGOS shall employ and engage only qualified staff as
Required by projects needs.

ii) International NGOS may employ or engage foreign
nationals provided that they shall obtain work permits for
expatriates purporting to work in the New Sudan;

iii) International NGOS employing or engaging expatriates,
shall gradually reduce their foreign staff in favour of
qualified nationals of the New Sudan to hold top
management positions in the NGOS projects.

iv) In order to promote capacity building of Nationals of the
New Sudan, NGOS shall prepare monitorable training
programmes for technical positions in the NGOs projects;

v) Every national of the New Sudan employed or engaged by
an NGO shall receive a pecuniary payment on the basis of
equal pay for equal jobs;

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vi) In the event of a national of the New Sudan employed or
engaged as a counter-part and paid by an NGO, is proved
incompetent for the job, by the NGO, he shall be withdrawn
from the project, provided that a prior notice of one month
duration is given stating the reasons for the decision
through the SRRC.

vii) Any person withdrawn in accordance with the provisions of
subsection (vi) of this section, shall be paid remuneration
equal to a salary of three (3) months in every year he was
on secondment to that NGO project.

viii) A counter-part seconded to an NGO project as in
subsection (vi) of this section may be withdrawn for
reasons, other than on the grounds of incompetence or
unsuitability for that job, provided that he is paid a
remuneration equal to one month salary.

Section 21. i) All NGOS operating in the New Sudan shall employ skilled
and unskilled labourers from the New Sudan Nationals with
the consent of the Secretariat of Public Service and Human
Resources Development.

ii) All NGOS may engage professional expatriate staff, only
where there are no qualified New Sudan Nationals.

Chapter Eight

Financial Provisions

Section 22. All the NGOs funds, expatriate staff salaries and all humanitarian
supplies and services shall be exempted from all forms of taxation,
provided that goods for ordinary consumption of NGOs staff shall
be subject to laws relating to import and export Licenses, Customs
and excise duties

Section 23. i) All the salaries and incentives paid by the NGOs to the
New
Sudan National employed by them, shall be subject to
Income Tax.

ii) All the NGOS shall be directly responsible for the
collection and payment of the income tax under subsection
(i) the Secretariat of Finance and Economic Planning.

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Section 24. i) Airstrip maintenance fees for aircrafts owned or chartered
by NGOS shall be payable to the appropriate authorities as
directed by Secretariat of Finance and Economic Planning.

ii) Road tolls for vehicles owned shall be paid to the
appropriate authorities at points of entry into or exit from
the New Sudan.

iii) Fees for the registration and renewal of licences for NGOS
vehicles, radio communication sets, telephones, faxes and
professional staff etc., shall from time to time be prescribed
by the Secretariat of Finance and Economic Planning and
payable to the appropriate authorities.

Section 25. The Board shall in consultation with appropriate authorities,
facilitate access to buildings or land for the temporary use by
NGOS for the purposes of project implementation, provided
that they pay for the facilities or construct permanent building
on the land.

Chapter Nine

NGOs Reporting Requirement

Section 26. Every NGO registered and operating in the New Sudan shall
Prepare and render the following reports to the SRRC:-

a) Quarterly progress report.
b) Annual progress report.
c) A certified copy of annual Audit report.
d) Budgetary summary, including substantial changes in the
work plan.
e) Report any funding difficulties in the course of the project
implementation.

Chapter Ten

Offences And Penalties

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Section 27. It shall be an offence for any person or persons to operate a Non-
Governmental Organization in the New Sudan without a
registration certificate in accordance with the provisions of this
Act.

Section 28. It shall be an offence for any NGO or its employees to engage in
activities of commercial nature or profit-making adventure.

Section 29. It shall be an offence under this Act for an NGO to employ or
engage expatriate personnel without a valid work permit.

Section 30. Any NGO or staff accused of an offence under this Act or any
other Law in force, shall on conviction, be liable to a fine not
exceeding ($1000) US Dollars, or with imprisonment for a term
not exceeding six months or with both and in case of an expatriate,
shall also be expelled from the New Sudan.

Section 31. Whoever is convicted under this Act shall be disqualified for a
period of five (5) years from holding an office in any organization
operating in the New Sudan.

Chapter Eleven

Miscellaneous Provisions

Section 32. NGOS and their staff shall at all time respect the generally
recognized traditions, religious beliefs, customary practices and
cultural values and shall refrain from all acts or omissions which
may cause disaffection or misunderstanding between them and the
local communities.

Section 33. Radio operators shall be provided by the appropriate authorities to
the NGOs.

Section 34. The SRRC shall in consultation with appropriate authorities,
facilitate access to projects areas or potential areas of need for
purposes of assessment, conduct of surveys, and monitoring of
NGOs operations in the field.
Section 35. In the event of a national NGO, civil authority, community or the
SRRC taking over an International NGO project with the aim of
continuing its implementation, the project assets, and supplies shall
be recorded in writing, stored and shall only be used for the
continuation of the same project.

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Section 36. If a document or constitution of an NGO is in a language other
than English language, an authenticated translation into English
Language shall be provided and the English text shall prevail in the
event of a contradiction.
Section 37. The Board shall make rules and regulation for the effective and
efficient implementation of the Provisions of this Act.

Given under my hand this ___________day of ________ Year 2003 AD

_____________________________
Dr. John Garang deMabior
Chairman
SPLM/CANS

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