A Brief Analysis of the Non-Governmental Organizations Bill, 2015
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A BRIEF ANALYSIS OF THE NON-GOVERNMENTAL ORGANIZATIONS BILL, 2015 ‘It is the responsibility of civil society to drive action and [ensure] change’ – Professor Sheila Meintjes 1 James Muhindo & Arnold Kwesiga* I. General Overview Civil Society Organizations, including Non-Governmental Organizations (NGOs) can be traced as far back as the 1950s— mostly as emergency relief organizations. The development of the CSO sector is attributed largely to “the resurgence of the neo- liberal, free market ideology, which sought to reduce the role and influence of the state.” 2 Over the years, the role of civil society has been critical in the areas of protection and promotion of human rights, and to ensure transparence, accountability and good governance within the State. According to Clarke, “Civil society [is] closely linked with democratization, and it came to be seen as a solution to the problems of development policy implementation, bypassing corrupt and inefficient organs of the state.” 3 Over all, CSOs, particularly NGOs have been and continue to be at the forefront to 1 *James is a Lawyer and Programs officer at Global Rights Alert and Arnold is a Transitional Justice Lawyer at the Refugee Law Project, School of Law, Makerere University. ? Institute for Justice and Reconciliation Conference, ‘A National Priority? TRC Recommendations and the Need for Redress’, 28–30 October 2008, Cited in Jackee Budesta Batanda, ‘The Role of Civil Society in Advocating for Transitional Justice in Uganda,’ accessed at http://www.ijr.org.za/publications/pdfs/IJR%20APFellowsProgrammeOP1_%20Civil %20Society%20and%20TJ%20in%20Uganda_%20J%20Batanda%20Budesta.pdf . 2 Denis Muhangi, ‘Study of Civil Society Organizations in Uganda,’ accessed at http://uphold.jsi.com/Docs/Resources/Research/CivilSociety/civil_society_organ isation_mapping_study_phase2.pdf 3 Ron Clarke, ‘Civil Society and its Role in Development,’ Handbook on Development Policy and Management, 2003 1
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Civil Society Organizations, including Non-Governmental Organizations (NGOs) can be traced as far back as the 1950s—mostly as emergency relief organizations. The development of the CSO sector is attributed largely to “the resurgence of the neo-liberal, free market ideology, which sought to reduce the role and influence of the state.”
Transcript of A Brief Analysis of the Non-Governmental Organizations Bill, 2015
A BRIEF ANALYSIS OF THE NON-GOVERNMENTAL ORGANIZATIONS BILL, 2015It is the responsibility of civil society to drive action and [ensure] change Professor Sheila Meintjes1James Muh!"# $ A%!#&" '(es)a*I+ Ge!e%a& O,e%,e(Civil Society Organizations, including on!"overn#ental Organizations $"Os% can be tracedas far bac&asthe '()*s+#ostlyase#ergencyrelief organizations,-hedevelop#entof theCSO sector is attributed largely to .the resurgence of the neo!liberal, free #ar&et ideology, /hichsought to reduce the role and influence of the state,01 Over the years, the role of civil society hasbeen critical in the areas of protection and pro#otion of hu#an rights, and to ensuretransparence, accountability and good governance /ithin the State, 2ccording to Clar&e, .Civilsociety[is]closelylin&ed/ithde#ocratization, andit ca#etobeseenasasolutiontotheproble#s of develop#ent policy i#ple#entation, bypassing corrupt and inefficient organs of thestate,03Overall, CSOs, particularly"Oshavebeenandcontinuetobeat theforefront tosupple#enting govern#ent initiatives to deliver crucial services of health, food, education ande#ergency relief to the poor, elderly and #ost vulnerable persons /ithin the co##unity, -heyoperate closer to the people and as they are innovative, cost!effective and efficient4 they havebeen an easy reach to by the #ost!at!ris& populations+especially in instances /here there isneed for urgent interventions, -his is #ore critical in 5gandas situation /here public service isanything but efficient,In 5ganda, the "O sector is guided by a nu#ber of legal and policy instru#ents /hich includea#ong others4 -he '(() 5ganda Constitution, the on!"overn#ental Organizations6egistration2ct '(7(, theon!"overn#ental Organizations 6egistration$2#end#ent% 2ct1**8, the "O 6egistration 6egulations 1**(, -he Co#panies 2ct '(8', -he Inco#e -a9 2ct'((:, -he ;alue 2dded -a9 $2#end#ent% 2ct 1**), the ational "O uhangi, Study of Civil Society Organizations in 5ganda, accessed at httpEFFuphold,Bsi,co#FJocsF6esourcesF6esearchFCivilSocietyFcivilIsocietyIorganisationI#appingIstudyIphase1,pdf36on Clar&e, Civil Society and its 6ole in Jevelop#ent, Kandboo& on Jevelop#ent anage#ent, 1**31In essence,all these instru#ents are intended to regulate and give effect to the constitutionalright of every 5gandan to engage in peaceful activities and influence the policies of "overn#entthroughcivicorganizations,L-hisisalsopre#isedon2rticle1($'e%/hichguaranteeseveryperson the right to freedo# of association, including the freedo# to for# and Boin associations orunions, includingtradeunions andpolitical andother civicorganizations, Si#ilarly, CSOsenhancethe"overn#ents desireandpro#otionoftherighttodevelop#ent byencouragingprivate initiative and self!reliance so as to facilitate rapid and eMuitable develop#ent,)In the sa#e spirit,local govern#ents have greatly relied on the services of"Os to providei#portant servicestotheneedy/ithintheirco##unities, -hisis/ithintheoverall planof"overn#ent, throughitsoverarchingpolicyfra#e/or&, the
