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Republic of Uganda
National NGO Policy
DRAFT
FEBRUARY 2008
FOREWORD
The Government of Uganda recognizes the important role of Non-State actors in
accelerating the country’s development process. Government’s Economic Recovery
Program (ERP) and the subsequent Poverty Eradication Action Plan (PEAP) are
predicated on promotion of private sector-led growth. At the same time, Uganda’s
Constitution 1995 guarantees the right of every Ugandan to engage in peaceful activities
to influence the policies of Government through civic organizations. Accordingly,
Government fully acknowledges and recognizes the key role Non-Governmental
Organizations (NGOs) play in service delivery especially to marginalized groups, and
improving accountability of public institutions. Furthermore, the Local Government Act
1997 specifically provides Civil Society Organizations (CSOs) with an important role in
service delivery at community level.
The contribution of NGOs in the areas of service delivery, advocacy, democracy and good
governance as well as community empowerment is beyond debate. However, the process
of NGO sector development, methods of work and the impact of NGO program activities,
among other issues, have continued to generate varied and contradictory views,
experiences and passions.
In order to promote and foster a more healthy relationship, therefore, Government
embarked on a comprehensive consultative process towards the development of a national
NGO Policy. The process of developing the Policy was coordinated by the Office of the
Prime Minister (OPM) within the framework of Article 108 A of the Constitution that
mandates the Prime Minister to, inter alia, be responsible for coordination of
implementation of Government Policies across Ministries, Departments and other public
institutions. To this end, OPM worked very closely with the relevant Ministries
especially the Ministry of Internal Affairs (MIA).
The process involved extensive consultations and discussions with a wide range of
stakeholders at regional and national level. Various interest groups including
NGOs/CSOs/CBOs and NGO Apex bodies, Public Servants at national, district and
lower levels as well as Private Sector and Donor representatives were intensively
consulted. This Policy is, therefore, a landmark development that is the culmination of a
long consultative process involving several stakeholders.
The Policy recognizes the imperative of strengthening the partnership between
Government and the NGO sector based on clear principles and practices. It seeks to
articulate and address the key issues of mutual concern and sets out clear policy
objectives and strategies as well as entry points for the critical actors in development of
an orderly and productive NGO sector partnership.
The success of the Policy will require the active commitment and involvement of all the
actors identified herein including State and Non-State actors. To this end, it is vital that
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all actors familiarize themselves with the Policy to internalize the goal, objectives and
strategies of the Policy and thus contribute effectively to its success for the benefit of our
people. On its part, Government will endeavor to provide its relevant organs and
agencies with the human and financial resources required to carry out their respective
functions effectively and efficiently.
I wish to take this opportunity to recognize and commend all those that have contributed
in different ways to the successful formulation of this Policy. Special mention must be
made of the European Union (EU) that continues to support development of the NGO
sector through the on-going GOU-EU Civil Society Capacity Building Programme.
I wish to conclude by reiterating Government’s commitment to ensuring that NGOs
have the necessary political and legal space within which to undertake legitimate
activities that advance the process and impact of national development.
Prof. Apolo R. Nsibambi
Rt Hon. Prime Minister
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TABLE OF CONTENTS
Page
1.0 PREAMBLE……………………………………………………………… 5
2.0 DEFINITION AND SITUATIONAL ANALYSIS…………………. 7
3.0 VISION AND OBJECTIVES OF THE POLICY……………………. 10
4.0 GUIDING PRINCIPLES………………………………………………. 11
5.0 STRATEGIES FOR ACHIEVEMENT OF OBJECTIVES…………. 12
6.0 INSTITUTIONAL FRAMEWORK FOR IMPLEMENTATION….. 14
7.0 MONITORING, ACCOUNTABILITY AND ASSESSMENT
OF DEVELOPMENT IMPACT……………………………………….. 18
8.0 RESOURCE MOBILIZATION AND ACCOUNTABILITY………. 20
9.0 ANNEXES………………………………………………………………… 22
9.1 DEFINITIONS……………………………………………………………22
9.2 ROLES OF VARIOUS MINISTRIES AND INSTITUTIONS…….. 23
9.3 INSTITUTIONAL LINKAGES FOR POLICY AND
PROGRAMME IMPLEMENTATION……………………………….. 34
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ACRONYMS AND ABBREVIATIONS
CAO Chief Administrative Officer
CBOs Community Based Organizations
CPC Client Performance Charter
CSOs Civil Society Organizations
DENIVA Development Network of Indigenous Voluntary Associations
DPC District Planning Committee
HURINET Human Rights Network
INGOs International Non-Governmental Organizations
JNGOQAU Joint NGO Quality Assurance Unit
LC III Local Council Chairman III
LC V Local Council Chairman V
NAWOU National Association of Women Organizations of Uganda
NGOs Non-Governmental Organizations
NGOIS National NGO Information System
NSAs Non-State Actors
NUDIPU National Union of Disabled Persons of Uganda
OPM Office of the Prime Minister
PEAP Poverty Eradication Action Plan
RDC Resident District Commissioner
ULAA Uganda Local Authorities Association
QA Quality Assurance
QuAM Quality Assurance Mechanism
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1.0 PREAMBLE
Article 38 of the Constitution of Uganda 1995 embeds the right of every Ugandan
to engage in peaceful activities to influence the policies of Government through
civic organizations. Additionally, the Local Government Act 1997 specifically
provides Civil Society Organizations (CSOs) with an important role in service
delivery at community level. Furthermore, Government, through its overarching
policy framework, the Poverty Eradication Action Plan (PEAP), recognizes Civil
Society as an important actor and influencer in the promotion of grass root
democracy. Specifically, Government fully acknowledges and recognizes the key
role Non-Governmental Organizations (NGOs) play in improving accountability
of public institutions including Ministries, Departments and Agencies, and
promoting demand for public services by society generally and marginalized
groups in particular.
Under the Non-Governmental Organizations Registration Act, all NGOs must
obtain official registration by the National Board for Non-Governmental
Organizations (commonly known as the NGO Registration Board), under the
Ministry of Internal Affairs, before they can operate in Uganda.
The NGO Board is also responsible for monitoring the activities of NGOs across
the country. Whilst the NGO Board and the Ministry of Internal Affairs have
done a commendable job, especially in respect to registration, their capacity to
adequately document, coordinate, monitor and facilitate the diverse activities of
a rapidly growing multi-sectoral NGO sector has been severely limited.
Uganda’s civil society is diverse, performing varied and sometimes overlapping
functions and covering a wide range of activities. The sector is weak, fragmented
and lacks a clear and shared vision of what it hopes to achieve in the social,
economic and political sphere. Government has expressed some concern with
regard to the lack of harmony and a ’common voice’ on the many cross cutting
issues affecting the sector which makes resolution of the challenges affecting the
sector extremely difficult. In addition, Government has not always clearly
understood whose interests some of the NGOs represent and whether their
activities effectively address the social, economic and political needs of the
purported beneficiaries.
There is also need to harmonise all government policies and regulations in order
to provide an enabling environment for the growth of the sector in a liberalised
economy and democratic society.
On their part, CSOs have expressed a level of discontent with what they perceive
as overbearing Government regulatory oversight which constrains their freedom
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of action. Nevertheless, there is increasing mutual recognition of the need to
ensure better coordination of the sector activities with a view to rationalizing and
strengthening the functionality of the roles and responsibilities of the public-civil
society partners in national development.
Whilst the NGO Act addresses the basic legal and regulatory issues, Uganda has
lacked a comprehensive policy framework to guide development of the CSO
sector and, hence, facilitate strengthening of government relations with CSO
actors and other stakeholders. Absence of a clear policy has resulted in
conceptual and operational difficulties whose often adverse effects are felt across
a wide spectrum of stakeholders.
In order to promote and foster a more healthy relationship, Government has now
formulated a Policy that elaborates a clear vision, objectives and key guiding
principles upon which the partnership relations are to be developed and
managed. The entry points, in terms of roles, responsibilities, rights and
obligations of the various actors are outlined and the mechanisms for periodic
review and change management are similarly articulated.
The NGO Policy addresses the key issues and challenges that lie at the centre of
developing a responsible partnership between State and Non-State actors in
national development. These issues include but are not limited to: definition of
NGOs; clarification of mutual roles, responsibilities and expectations of the
various actors; capacity for effective coordination and oversight; lack of an
adequate and reliable database and up to date information on the NGO sector;
lack of transparency and questionable integrity of some NGOs; lack of harmony
and clear agenda as well as a ‘common voice’ amongst the NGOs on cross-
cutting issues of interest to the NGOs.
The broad aim of the NGO Policy is to strengthen the partnership between
Government of Uganda and the NGO sector and build capacities and
effectiveness in the areas of service delivery, advocacy and empowerment.
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2.0 DEFINITION AND SITUATIONAL ANALYSIS OF NGO/CSO
SECTOR IN UGANDA
A non-governmental organization (NGO) is generally defined internationally as
a legally constituted organization created by private persons or organizations
with no participation or representation of any government. In the cases in which
NGOs are funded totally or partially by governments, the NGO maintains its
non-governmental status insofar as it excludes government representatives from
membership in the organization. The term 'NGO' is often used variously to refer
to or otherwise mean the ‘independent sector’, volunteer sector, civil society
organizations, grassroots organizations, transnational social movement
organizations, private voluntary organizations, self-help organizations and Non-
State actors (NSAs).
Non-governmental organizations are a heterogeneous group but can be classified
inter alia, into operational and advocacy types. The primary purpose of an
operational NGO is the design and implementation of development-related
projects. One frequently used categorization is the division into 'relief-oriented'
or 'development-oriented' organizations; they can also be classified according to
whether they stress service delivery or participation or whether they are
religious or secular; and whether they are more public or private-oriented.
Operational NGOs can be community-based, national or international. The
primary purpose of an Advocacy NGO is to defend or promote a specific cause.
As opposed to operational project management, these organizations typically try
to raise awareness, acceptance and knowledge by lobbying, press work and
activist events.
The definitions of NGOs within the context of this Policy are given in Annex I.
The contribution of NGOs to the country’s development is captured in the matrix
in Annex II. In general, however, NGOs help to mobilise, sensitize, consult and
aggregate citizen interest and action. NGOs can fulfill these roles at three
different levels namely at agenda setting, at policy development, and at policy
implementation, monitoring, evaluation and ensuring transparency and
accountability in public office.
A critical defining characteristic of a legitimately established NGO is that the
organization is self-governing but not self-serving.
It should be noted that faith based organizations are excluded from this category
save as they may establish ‘not for profit’ undertakings intended to engage in
community development activities ordinarily falling in the ream of the civil
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society initiatives. In such cases, such undertakings shall be treated as NGOs.
Similarly, micro-finance institutions, consultancy undertakings, trade unions and
business associations do not fall in the definition of non-governmental
organizations. A fuller schedule of what initiatives/undertakings do not qualify
for NGO status shall be published in the relevant government gazette.
NGOs have operated in Uganda for many decades though, outside of the health
and education sectors and prior to independence, their activities were focused
largely on relief and charity activities rather than on development work. From
fairly modest numbers prior to 1986, the sector has grown dramatically since
then and it is estimated that currently over 5,000 NGOs may be active in the
country. However, lack of a reliable, up-to-date database on the number and
nature of sector actors is one of the major gaps affecting orderly development of
the sector.
Some NGOs are nationally-based i.e. operate across the country while others
only operate in one or more districts. The latter category includes Community
Based Organizations (CBOs).
Some NGOs are involved in multi-sectoral activities while others are mono-
sectoral/thematic in their program focus. Currently, most NGOs are active in the
health service activities (HIV/AIDS); education (especially non-formal activities);
micro-credit and arrange of income-generating activities; agriculture (especially
agricultural extension and fisheries); the environment; water and sanitation;
training and capacity building; peace building and conflict transformation, social
development and community empowerment.
The range of NGO activities in Uganda has expanded in recent years to include
work in the areas of policy and policy advice; advocacy, lobbying and research;
monitoring, including human rights monitoring; and several activities focusing
on building up, deepening and strengthening civil society, good governance and
democracy. To this end, a number of lobbying NGOs have developed a range of
broadly positive relationships with various Government Ministries, Departments
and Agencies. These relationships should and must be further enhanced under
this Policy.
Traditionally, a sharp distinction has been made between international NGOs
(INGOs) and national NGOs with the two treated differently in the law. Current
estimates put the number of INGOs at over 350 with most of them involved in
either development activities or relief and emergency work.
An important consideration of this Policy is the need to strengthen the role,
capacity and strength of the local NGO sector to enhance its ability to interface
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with the international NGOs operating in Uganda so as to benefit in a more
sustainable way from these partnerships.
The NGO sector in Uganda is highly donor dependent. All the NGOs in Uganda
access funds from external donors, with INGOs increasingly gaining access to
funds from official donor agencies (both bilateral and multi-lateral) that are
subsequently used, inter alia, to build the capacity of national NGOs. However,
the different funding objectives and modalities have resulted in absence of a
harmonized development agenda as well as transparent means of monitoring
and evaluating the value addition from the resources (including from public
coffers) spent by some NGOs. Additionally, excessive donor dependence
highlights the fragility of the NGO sector and weak sustainability of its program
activities.
One significant dimension in NGO sector development in Uganda is the
increased organizational initiatives that have resulted in the formation of
clusters, networks or umbrella organizations most of which extend their
activities down to the district and sub-county level. Current initiatives include:
NGO Forum, Development Network of Indigenous Voluntary Associations
(DENIVA), National Association of Women Organizations of Uganda
(NAWOU), National Union of Disabled Persons of Uganda (NUDIPU), and
Human Rights Network (HURINET), among others. Such organs should
provide, inter alia, opportunity for addressing sector partnership and quality
assurance issues in a harmonized and constructive manner.
As NGOs have proliferated, and their roles expanded beyond the traditional
service delivery in relief and other humanitarian interventions, government
responded with measures to regulate their activities. Most significantly,
government enacted the 1989 NGO Statute and more recently, the 2006 NGO
Act. However, these responses were not guided by a well articulated NGO policy
despite the impact those responses were likely to have on the way NGOs carry
out their activities. This has sometimes constrained NGOs from effectively and
sustainably undertaking their legitimate activities.
The key issues and challenges that this Policy seeks to address, therefore, include
the following:
Lack of clarity of what constitutes an NGO in Uganda
Perceived inadequacies of the existing legal and regulatory environment
for NGO sector development and operations
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Inadequate clarity of the mutual roles and responsibilities, rights and
obligations of key actors in the NGO sector in the country
Lack of adequate and reliable data and information on the NGO sector
Lack of capacity amongst NGO sector actors to support coordinated PPP
in national development
Inadequate resource mobilization for the NGO sector to support its
potential contribution to national development
Inadequate integrity, transparency and accountability by some NGO
actors for the public resources received, and
Need to harmonize the contribution of INGOs to the development of the
local NGO sector
3. VISION AND OBJECTIVES OF THE POLICY
The NGO Policy is anchored in a vision of fostering a dynamic and productive
Public-Private Partnership involving all stakeholders in Uganda’s development
process. The overall goal of the Policy is to ensure that Government and Donor
policies and programs become increasingly responsive to the needs and
expectations of the vulnerable sections of the population through enhanced
capacity of NGOs to support equitable and active participation of the poor and
marginalized segments of the community in the development process.
Specifically the Policy objectives are to:
Recognize the role of civil society organizations in policy development
and implementation and to mainstream their participation
Strengthen the partnership for development between Government and
civil society organizations
Ensure orderly development of the NGO sector and guide the
contribution of NGOs to the achievement of national development
objectives.
It is expected that when the Policy is embraced and fully implemented by the
responsible actors, the following impacts will be registered:
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i) A vibrant partnership and synergy between an autonomous and
accountable NGO Sector, the Private Sector and Government at both
the centre and local level;
ii) Improved coordination of the respective contributions of Government,
the NGO Sector and the Donor Community to sustainable
development;
iii) Availability of a strong and efficient mechanism for effective
monitoring, evaluation and accounting for the investment of public
resources in national development; and
iv) Increased capacity of local NGOs to partner with International NGOs.
4. GUIDING PRINCIPLES
The National NGO Policy is an integral part of the national development policy
that aims at achieving maximum synergy from Public-Private Partnerships. It
complements and promotes Uganda’s overall development goals and is
cognizant of other policies and programs designed to promote and support
holistic human development.
The Policy respects fundamental human rights and freedoms with regard to social,
cultural and religious beliefs and practices, which rights will be exercised
responsibly. Accordingly, the policy reaffirms the freedom of association and
independence of individuals and civil society organizations within the overall
framework of the law. To this end, the Policy recognizes the right of NGOs to
self-regulation and self-governance consistent with the laws of Uganda intended to
promote better accountability.
The Policy recognizes the immense opportunities for collaboration between
Government, the NGO Sector, the Private Sector and the Donor Community
based on common interest and strategic complementarity while acknowledging the
right of stakeholders to adopt differentiated approaches to the same end.
The policy acknowledges that successful partnerships must be embedded in
mutual respect and trust underpinned by open dialogue, transparency, accountability,
and minimum interference in the respective roles and responsibilities of the
partners.
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The Policy further emphasizes the imperative of gender equity and equality as a
cross cutting principle to guide planning and implementation of activities
initiated by civil society to promote and support human development.
The Policy recognizes the dynamic nature of the environment for the partnership
relations and the need to provide sufficient flexibility to accommodate emerging
developments and demands.
5. STRATEGIES FOR ACHIEVEMENT OF OBJECTIVES
In order to realize the goal and objectives of this Policy, the following strategies
shall be pursued:
Objective 1
To promote a strong role for Non-Governmental Organizations in policy development
and implementation, and mainstreaming their participation in national development:
Strategy:
Government shall continue to ensure that the role and contribution of NGOs to
policy development and program implementation, monitoring and evaluation at
central and local government level are clearly articulated and spelt out in all
relevant official policy positions.
Objective 2
To strengthen the partnership between Government and NGOs
Strategies
i) Review of the legislative framework and guidelines to ensure
necessary balance between regulation and promotion of a dynamic,
development oriented and responsible NGO sector
ii) Periodic review and rationalization of the roles and responsibilities,
rights and obligations of different Government Ministries,
Departments and Agencies at central and local government level to
foster more cost-effective collaboration and coordination with NGO
actors
iii) Continuing sensitization of the critical actors in the partnership to the
benefits, challenges and operational modalities for integrating the
contribution of the NGO sector into national development at the
central and lower levels.
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Objective 3
To ensure orderly development of the NGO sector and guide its contribution to the
achievement of national development objectives
Strategies
i) Collaboration with the National NGO Council and NGO Apex
Organizations to ensure compliance with the Policy Guidelines and
generally recognized sector Quality Assurance standards by all
stakeholders
ii) Establishment and maintenance of an up-to-date national NGO
Information System (NGOIS) to track developments in the NGO sector
in Uganda including the sector contribution to national development
iii) Strengthening participatory district and lower level development
planning, budgeting, monitoring and evaluation mechanisms and
practices
iv) Collaboration with Development Partners to mobilize, allocate and
demand clear accountability for resources earmarked for the NGO
sector
v) Collaboration with Development Partners to build requisite technical
and institutional capacity of the NGO sector stakeholders at central
and especially district/lower government level, as well as the NGO
service providers.
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6. INSTITUTIONAL FRAMEWORK FOR POLICY IMPLEMENTATION
6.1 Key considerations
Successful implementation of the NGO Policy requires, inter alia, a cost-effective
institutional framework that minimizes bureaucracy in the translation of goals,
strategies and objectives into practical working relationships for the benefit of the
communities served. It also requires strong political commitment and support at
both the central and district levels.
The key considerations that have shaped the determination of the institutional
framework for implementation of the NGO Policy include:
i) The need for a single Government responsibility centre for
coordination of Government engagement with and oversight of the
NGO sector;
ii) The need for an independent national forum for generating policy
debate and channeling the strategic contribution of the sector to overall
national development policy formulation and review;
iii) Strengthening the provisions of the Decentralization Act 1997 to enable
districts to play a pivotal role in the operationalization of the
partnership principle that lies at the heart of this Policy.
6.2.1 Objectives
The main objectives of the implementation arrangements for the NGO Policy are:
i) To clarify and rationalize the role and responsibility of the central
Government actors with a view to streamlining and enhancing the
efficiency of the NGO registration, coordination and oversight
processes;
ii) To clarify the role of District and lower level actors including the
political and technical officials with a view to streamlining and
enhancing coordination and operational efficiency;
iii) To clarify the role and responsibilities, rights and obligations of NGO
actors at central and local government level in the smooth
implementation of the NGO Policy objectives;
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iv) To provide for the establishment of a National Council for Non-
Governmental Organizations and define its role and responsibilities.
6.3 Key Stakeholders
The key actors in the effective implementation of the NGO Policy include the
following:
6.3.1 Government actors at national level including the following:
The Coordinating Ministry
The Office of the Prime Minister (OPM) shall serve as the Lead Agency
responsible for the overall coordination and oversight of the NGO sector. This is
in recognition of the multi-sectoral and cross cutting nature of activities
undertaken by civil society organizations. The specific functions of the OPM are
elaborated in Annex I.
Ministry of Internal Affairs and the Non-Governmental Organizations
Registration Board
The functions of the Ministry of Internal Affairs (MIA) and the Non-
Governmental Organizations Registration Board are and the elaborated in Annex
I.
All NGOs working at both national district levels shall be regulated by the NGO
Registration Board while Community Based Organizations shall be handled by
the District NGO Committee using guidelines provided by the NGO Registration
Board.
Measures shall be initiated by the Ministry and NGO Board, and periodically
reviewed, to ensure improved communication and information flow with a view
to promoting smooth relations between the Board and its stakeholders.
Stakeholders are expected to fully acquaint themselves with the provisions of the
Statute and workings of the Board to facilitate effective and efficient relations.
The status, functions and resource base of the NGO Board shall be reviewed and
strengthened by, inter alia, creation of an independent body having a Registrar of
NGOs and other technical staff to handle the registration process.
Other Line Ministries
The expected broad roles of other line Ministries are outlined in Annex I
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Government Departments and Agencies
The role of other Government Departments and Agencies shall be specified from
time to time as may be appropriate. It should be noted, however, that the
involvement of these actors shall not have the effect of undermining the effective
and efficient realization of the principles and objectives of the Policy.
6.3.2 The National Council for Non-Governmental Organizations
A National Council for Non-Governmental Organizations (The NGO Council)
shall be legally established as an autonomous body corporate representing
NGOs in all matters affecting them. The Council is also expected to play a pivotal
role in the successful realization of the partnership principles and objectives as
set out in this Policy.
The functions of the Council are set out in Annex I.
The Council shall have an Executive Committee composed of 15 members drawn
from registered Non-Governmental Organizations. At least seven of the elected
members shall be women.
6.3.3 Government actors at district and lower administrative level including:
Central Government political leadership
This category comprises the Resident District Commissioner (RDC) whose office
is responsible for coordination of Government Business at district level.
Local Government political leadership
This refers to the Office of the District Local Council Chairperson (LC V) the top
local political head elected by the people to represent their interests.
Local Government administrative/technical leadership
Key actors at this level include the Chief Administrative Officer (CAO), the
District Planning Committee (DPC) and Sub County (LC III) administrative
leadership.
In order to promote effective coordination of the input of the NGOs in district
planning and program management, there shall be formed a District NGO
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Committee (DNGOC) under the chairmanship of the Chief Administrative
Officer.
The functions of the DNGO are outlined together with those of the District
Administration in Annex I.
6.3.4 NGO actors:
NGO Apex organizations
This category includes the registered clusters/networks/umbrella organizations
voluntarily formed by NGOs/CSOs/CBOs to facilitate, inter alia, the sharing of
experiences, lessons learned and outreach activities as well as quality assurance
amongst the NGO sector.
Individual NGOs/CSOs/CBOs
The Policy recognizes the important role, responsibilities, rights and obligations
of the growing number of NGOs/CSOs/CBOs operating at national, district and
community level in various sectors of human development. The individual and
collective compliance with the principles and partnership modalities contained
herein this Policy is crucial to the successful achievement of the Policy objectives
and overall goal.
Under the Policy, all NGOs will be required to comply with the following
provisions:
i) Sign a Memorandum of Understanding (MOU) with the responsible
line Ministry, for those NGOs operating at national level, or the Local
District Government for NGOs operating at district and lower
government level;
ii) Share their Program Activity Plans and Budgets with the relevant line
Ministry or District Authorities for purposes of integrating such
program activities into the broader sectoral or area development plans
and resource allocation and utilization, and
iii) Earmark a percentage of their Program Budgets to meeting some of the
administrative costs incurred by the District Local Government in
monitoring the activities of the NGO in the district
iv) Subscribe to a Quality Assurance Mechanism duly adopted by a
recognized NGO Apex body.
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6.3.5 Other Players
Other key players include the Donor Community (comprising international
NGOs, bilateral and multi-lateral agencies); the Media (print, and electronic); the
Private Sector; Research and Academic Institutions; Community leaders and the
Communities themselves.
The respective roles and inter-linkages of the above actors are outlined in
Annexes I and II.
7. MONITORING, ACCOUNTABILITY AND ASSESSMENT OF
DEVELOPMENT IMPACT
Being able to effectively monitor and evaluate the operations of NGOs is pivotal
to the ability of stakeholders to determine the contribution of the NGO sector to
national development and its impact on the quality of life of the communities
targeted by the sector. The growing number and diversity of NGOs and their
development partners makes this challenge ever so much greater. The Policy
recognizes that the basic principles upon which cost-effective monitoring,
evaluation, reporting and accounting for the activities and investment in NGOs
are undertaken must be embedded in a shared culture of integrity, transparency
and concern for quality assurance and value-addition. This culture must be
institutionalized within the methods of work of the key actors, notably
Government at all levels, the NGOs and the Donor community, among others.
Objectives
The main objectives for the monitoring, evaluation and impact assessment of
NGO sectoral activities include the following:
i) To protect communities against the activities of unscrupulous NGO
actors;
ii) To promote healthy development of the NGO sector and enhance
research and adoption of best practice;
iii) To strengthen a culture of accountability in use of public resources;
iv) To strengthen the data base for assessment of the development impact
of the NGO sector and share the results thereof among stakeholders.
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Strategy
In regard to the need to promote and institutionalize best practices in NGO
sector development and operations, Government recognizes and welcomes the
efforts by some sections of the NGO community to develop mechanisms for self-
regulation (the 2006 Quality Assurance Certification Mechanism-QuAM, and the
2006 Civil Society Minimum Agenda, among others), and enforcement of codes
of conduct by the member NGOs. Government believes that self-regulation, if
effectively applied by well established NGOs, is the most cost-effective means of
fostering discipline and benchmarking quality assurance by sector stakeholders.
Such success minimizes the need and extra costs of implementing a government-
driven policing regime.
To this end, therefore, Government will work very closely with the National
NGO Council and registered NGO Apex organizations to develop and
implement a joint monitoring, review, evaluation and impact assessment
mechanism required to foster high quality standards, accountability and value
addition amongst the sector players at national and local level.
Periodic monitoring and evaluation shall be the responsibility of the National
NGO Council exercised through a Joint NGO Quality Assurance Unit
(JNGOQAU) to be established with the support of Government (through the
sector Lead Agency), NGO Apex bodies and Donors.
The implementing line Ministries, Departments, Districts, and NGOs shall
develop a regular reporting system using guidelines from the Joint NGO Quality
Assurance Unit. In addition to designing a system for collecting, collating and
analyzing information from the various implementing agencies and institutions,
the Unit shall, under the direction of the NGO Council, organize training courses
for the relevant staff of the implementing agencies and institutions in order to
develop their in-house capacity for monitoring, evaluation and reporting.
The Joint QA Unit shall be primarily responsible for enforcement of compliance
with approved QA standards and Code of Conduct by NGO sector actors. In
circumstances where self-regulation is rendered ineffective by the non-compliant
behaviour of some NGO actors, Government reserves the right to invoke
appropriate legal and administrative measures to protect and promote the
interests of communities that may be adversely affected by the actions of errant
NGO operators.
The Joint QA Unit shall prepare a report every year on the status of compliance
with approved QA standards and Code of Conduct by NGO sector actors.
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The Unit shall from time to time, under the direction of the National NGO
Council, commission special impact assessment and other relevant studies. The
findings of such studies shall be widely disseminated amongst NGO sector
stakeholders to inform and engage them on issues affecting orderly development
of the sector in Uganda.
The National NGO Council shall recommend to the Lead Agency the need for
review of the regulatory environment to streamline, harmonize and render more
effective and efficient the registration procedures, reporting, monitoring and
evaluation mechanisms and accountability process.
8. RESOURCE MOBILIZATION AND ACCOUNTABILITY
The NGO sector in Uganda accounts for an increasing amount of resources
largely emanating from the international donor community. These resources are
primarily intended to help address the plight of communities whose needs are
not adequately catered for by Government. The key issues and concerns
addressed by this Policy in this regard include the following:
i) Need to strengthen NGO transparency and accountability for public
funds
In line with the partnership principles underpinning this Policy, all
NGOs/CSOs/CBOs shall conduct their activities in a transparent and
accountable manner that enables public access to their budgets in accordance
with recognized best practice. To this end, therefore, NGOs operating at national
or sectoral level shall share and coordinate their program plans, budgets and
activities with relevant line Ministries to engender better value-for-money from
the resources allocated to sectoral development.
In similar manner, NGOs/CSOs/CBOs operating at district and lower levels
shall share and coordinate their program plans, budgets and activities with the
District and Sub County Planning Departments through participating in joint
planning, monitoring and evaluation activities. This will, inter alia, eliminate
initiation of parallel programs or projects that waste scarce resources through
duplication of services. District Authorities shall ensure that appropriate
modalities are put in place to facilitate joint identification of development
priorities, planning, program monitoring and evaluation involving all registered
NGO actors in their area of jurisdiction.
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ii) Need to mobilize more resources to the sector
Government recognizes the important complementary role played by the NGO
sector in providing a wide range of essential services to the communities.
Accordingly, Government will enhance its financial commitment to the social
development sector, within the framework of the National Development Plans,
and work closely with Development Partners on bilateral and multi-lateral basis
to enhance resource flows to support NGO sector activities in the country.
iii) Building capacity of NGO sector actors
Effective implementation of the Policy requires availability of human resources
with the requisite knowledge, technical skills and competences to plan and
implement sector development activities. Government recognizes existing
inadequacies in the institutional and human resources base both in Government
and the NGO community to undertake expected roles and responsibilities
effectively and efficiently. Accordingly, Government shall strengthen the
performance effectiveness of the Government Ministries, Departments and
Agencies involved in the different aspects of the Government-NGO partnership
relations including registration, regulation, facilitation and coordination by
assigning adequate staff and facilities to these actors. Additionally, Government
shall continue to work closely with her Development Partners to generate the
resources needed to address identified capacity gaps at national and local level.
GOU is implementing an ambitious decentralization program that has helped to
devolve power to the periphery, improved service provision, and provided
opportunities for participation by the poor in matters of development. However,
Local Governments lack the financial and technical capacities necessary to
deliver services, hence the importance of strengthening the partnerships with
NGOs/CSO/CBOs.
Furthermore, Government shall work closely with the National NGO Council
and NGO Apex bodies to identify capacity building priorities relevant to their
mission and the orderly development of the sector as a whole. One such area that
deserves greater attention is strengthening local NGOs to enhance their capacity
to collaborate more effectively with international NGOs.
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ANNEX I: DEFINITIONS
1. Non-Governmental Organization (NGO): Any legally constituted private,
voluntary grouping of individuals or associations involved in community empowerment,
advocacy, development, research or relief work which is clearly neither part of
Government nor clearly part of the ‘for profit’ commercial sector.
2. Community Based Organization (CBO): An organization controlled by Ugandans,
operating at sub county level and below, whose objective is promote and advance the
wellbeing of members of the community.
3. International Non-Governmental Organization (INGO): An NGO having its
original incorporation in one or more countries other than Uganda, but operating in
Uganda under a certificate of registration.
4. National Non-Governmental Organization: An NGO that is registered exclusively
within Uganda with authority to operate within or across two or more districts in
Uganda.
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ANNEX 1I: ROLES OF VARIOUS MINISTRIES AND INSTITUTIONS
IN POLICY IMPLEMENTATION
The expected broad roles and responsibilities of line Ministries, Departments,
NGOs and other agencies are outlined below:
1. Office of the Prime Minister
The Office of the Prime Minister (OPM) shall be the Lead Agency for the NGO
sector development and oversight. Its role shall include the following:
i) Guide and promote the implementation of the National NGO Policy
which shall be integrated within the framework of the overall national
development policy of the country;
ii) Coordinate the involvement of all line Ministries, Government
Departments and Agencies as well as the Private sector in NGO sector
activities to ensure harmonious and cost-effective operations;
iii) Provide guidelines for operationalization of the NGO Policy at line
ministry and lower levels of district administration consistent with
principles of this and other policies;
iv) Monitor line ministries and district relations with NGOs to ensure
compliance with set guidelines;
v) Provide leadership to NGO sector stakeholders including the National
NGO Council and NGO Apex bodies intended to set and enforce
standards and enhance quality assurance in the NGO sector in the
country;
vi) Coordinate efforts designed to enhance resource mobilization,
resource harmonization and capacity building to support development
and sustainability of the NGO sector;
vii) Ensure that development partners’ relations with NGOs conform to
the national policy for NGOs and that such partners liaise with
appropriate decentralized authorities in the agreed manner when
engaging, or proposing inter action with NGOs;
viii) Ensure availability of a comprehensive, reliable and up-to-date
database and information system on the NGO sector and its
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contribution to the country’s development supported by a dynamic
research program ;
ix) Provide leadership for conflict resolution addressing emerging issues
in NGO sector development and operations;
x) Prepare, and disseminate widely, annual reports on the status,
contribution and impact of the NGO sector to the county’s
development;
xi) Ensure that adequate procedures are in place to assess and give effect
to the operationalization of the specified tasks and functions; and
xii) Undertake any other activities necessary to ensure effective
development and strategic oversight of the NGO sector to promote the
contribution of the sector to the improvement of the quality of life of
Ugandans.
2. Ministry of Internal Affairs
The Ministry of Internal Affairs (MIA), through the NGO Board, shall undertake
the following functions:
i) Conduct background checks and scrutinize the credentials and status
of all international NGOs seeking to register and operate in Uganda.
Only legitimate NGOs are to be allowed to operate in Uganda.
ii) Consider new applications for registration by Non-Governmental
Organizations including NGO Apex bodies;
iii) Consider applications for renewal of NGOs based on
recommendations by the NGO Apex body to which the NGO is
member;
iv) Issue work permits to foreign NGO personnel;
v) Make recommendations to the relevant authorities in regard to
employment of non-citizens by an NGO, or whether an NGO may be
exempted from taxes and duties or be accorded any other privileges or
immunities;
vi) Keep a Register of all registered NGOs;
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vii) Monitor compliance by all registered NGOs with the terms and
conditions of their registration certificates;
viii) Advise the Minister on the general policy relating to the operations of
Organizations.
The status, functions and resource base of the NGO Board shall be reviewed and
strengthened within the framework of an NGO Act that, inter alia, establishes the
position of a Registrar of NGOs and a competent secretariat to handle the
mandate of the Board.
The performance effectiveness of the Board shall be regularly reviewed based on
a Client Performance Charter (CPC) to be agreed between the Board and the
Ministry of Internal Affairs.
3. Other Line Ministries
The key line Ministries involved in NGO sector development include those
responsible for the following portfolios:
i) Agriculture
ii) Education
iii) Finance, Planning & Economic Development
iv) Gender, Labour & Social Development
v) Health
vi) Information
vii) Internal Affairs
viii) Justice, and
ix) Local Government
In general, the roles of these line Ministries shall include the following:
i) Strengthen integration of the contribution of the NGO sector in the
programs coordinated by the line Ministry;
ii) Ensure adequate co-operation and coordination is extended to NGO
actors at national and local level to further the spirit of constructive
partnership in service delivery for the benefit of communities;
iii) Promote and extend technical assistance to NGO actors active in the
relevant development sector;
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iv) Monitor, evaluate and give an account of the contribution of the NGO
sector to the achievement of the objectives of the sector for which the
line Ministry is responsible.
4. The National Council for Non-Governmental Organizations
The functions of the National Council for Non-Governmental Organizations (The
NGO Council) shall include the following:
i) to formulate and enforce a Non-Governmental Organizations Code of
Conduct subject to the approval of the general assembly;
ii) to promote quality assurance in NGO sector activities in Uganda in
collaboration with Government and other partners;
iii) to take up an advocacy role on issues that affect Non-Governmental
Organizations;
iv) to promote partnership between NGOs, Government and the Private
Sector;
v) to advise Government and NGO actors on means of mobilizing
resources and monitoring their utilization to support the
implementation of the NGO Policy and related programs at central
and local level;
vi) to advise and facilitate NGO sector stakeholders on means of building
sustainable capacity to support a dynamic NGO sector in Uganda;
vii) to promote information sharing and exchange relating to the activities
of Non-Governmental Organizations in Uganda;
viii) to act as an Arbitrator between NGOs;
ix) to receive copies of annual accounts from Non-Governmental
Organizations for purposes of assessing their compliance with the law
and national policy, performance and their contribution to national
development; and
x) to collaborate with the sector Lead Agency to prepare and present an
Annual Report to Parliament on the operational environment of NGOs
in Uganda and all matters incidental thereto;
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The Council shall have an Executive Committee composed of 15 members drawn
from registered Non-Governmental Organizations. At least seven of the elected
members shall be women.
i) The Executive Committee shall be elected by the Council.
ii) Council elections shall be held every three (3) years and no serving
Council member shall hold the same office for more than two
successive terms. No Non-Governmental Organization shall hold more
than one position on the Council at any one time.
iii) The Council shall directly elect from amongst itself the following office
bearers:
a) The Chairperson;
b) The Vice Chairperson;
c) The Treasurer,
d) The Secretary; and
e) Eleven (11) committee members
The Executive Committee shall appoint a Secretariat, which shall be responsible
for the day-to-day management and implementation of Council activities.
Upon enactment and coming into force of the relevant legislation, all Non-
Governmental Organizations shall convene an assembly of all Non-
Governmental Organizations to formulate a constitution that will govern the
operations of the Council.
The Council shall raise its funding from NGO contributions and grants from
other sources.
5. The Resident District Commissioner
The Office of the Resident District Commissioner (RDC) represents the political
interests of the Office of the President at district level. Accordingly, the functions
of the RDC are to:
i) Coordinate with the LC V Chairperson and Chief Administrative
Officer, with input from the relevant NGO Apex body in the district, to
ensure that only bona fide NGOs are recommended to the NGO Board
for registration or renewal of registration;
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ii) Monitor the activities of the NGO sector within the district and ensure
compliance with the approved NGO Policy and regulations, as well as
the framework of the country’s overall development policy and laws;
iii) Ensure that NGO actors coordinate and collaborate with other actors in
district and community level development planning, program
implementation, monitoring, evaluation and accountability for public
resources;
iv) Ensure that registered NGO actors enjoy the political and legal space
within which to undertake legitimate activities that advance the
process and impact of national development at community level.
6. District Local Council
The District Local Council comprises the elected representatives of the people of
the district and is headed by the Local Council Chairperson (LC V).
The functions of the Council include:
i) Coordinate with the RDC and Chief Administrative Officer, with input
from the relevant NGO Apex body in the district, to ensure that only
bona fide NGOs are recommended to the NGO Board for registration
or renewal of registration;
ii) Ensuring that NGO actors integrate their program plans and budgets
within the District Development Plans and Budgets;
iii) Mobilization of communities to empower them to partner
productively with NGOs/CBOs at community level; and
iv) Cooperation with the Office of the RDC to ensure that registered NGO
actors enjoy the political and legal space within which to undertake
legitimate activities that advance the process and impact of national
development at community level.
7. District Administration
The District Administration comprises of the technocrats and support staff
headed by the Chief Administrative Officer (CAO).
The functions of the District Administration include the following:
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i) Coordinate with the RDC and LC V Chairperson, with input from the
relevant NGO Apex body in the district, to ensure that only bona fide
NGOs are recommended to the NGO Board for registration or renewal
of registration;
ii) Registration of all CBOs operating at local level based on guidelines
provided by the NGO Registration Board;
iii) Ensuring that, through the District NGO Committee, all NGO actors
integrate their program plans and budgets into the District and Lower
Level Development Plans and Budgets based on clear guidelines;
iv) Ensure that NGO program activities do not duplicate or otherwise
undermine the activities undertaken by Government and other actors
in district and community level development;
v) Ensure joint planning, program monitoring, evaluation and
accountability for resources allocated to joint (Government-NGO)
development activities;
vi) Promote healthy relations between the District Administration and the
local NGO community based on regular and transparent
communication flows, mutual trust and respect; and
vii) Include assessment of the contribution and impact of NGO sector in
the regular performance reports prepared by the District
Administration.
In order to give effect to the above functions by the District Administration, each
district shall establish a District NGO Committee (DNGOC) whose objective
shall be to promote effective coordination of the input of the NGOs in district
planning, program implementation, monitoring, evaluation and accountability.
The DNGOC shall work very closely with the District Planning Committee.
Membership of the DNGOC shall comprise of the Chief Administrative Officer,
the RDC and the LC V Chairperson. The RDC shall be the Chairperson of the
Committee.
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8. NGO Apex Bodies
The role and responsibilities of registered NGO clusters/networks/umbrella
organizations in the successful implementation of the NGO Policy include the
following;
i) Popularize the NGO Policy amongst member organizations and
promote compliance therewith;
ii) Provide leadership to their respective memberships in
operationalization of self-regulatory mechanisms designed to
institutionalize professionalism, ethics, integrity, transparency and
accountability in the NGO sector in the country;
iii) Make recommendations to the NGO Board for renewal of registration
applications by members;
iv) Collaborate with Government, the NGO Board, the National NGO
Council and other actors in identifying and addressing emerging
policy, regulatory and other partnership issues with a view to
enhancing the contribution of the NGO sector to holistic human
development;
v) Partner with Government, Donors and the Private sector to mobilize
resources and build capacity for a sustainable NGO sector;
vi) Undertake operational research and disseminate best practice
principles, strategies and methods of work to raise the profile of the
NGO sector in national development.
9. Individual NGOs
At individual organizational level, an NGO/CSO/CBO is expected to bear the
following responsibilities:
i) Internalize and comply with the principles and provisions of the Policy
as well as the relevant provisions for registration;
ii) Sign a Memorandum of Understanding (MOU) with the responsible
line Ministry, for those NGOs operating at national level, or the Local
District Government for NGOs operating at district and lower
government level;
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iii) Share their Program Activity Plans and Budgets with the relevant line
Ministry or District Authorities for purposes of integrating such
program activities into the broader sectoral or area development plans
and resource allocation and utilization, and
iv) Subscribe to a Quality Assurance Mechanism duly adopted by a
recognized NGO Apex body;
v) Provide regular accountability for public resources accessed by the
organization based on guidelines provided by the NGO Council;
vi) Participate in identification of capacity gaps affecting successful
development of the NGO sector in the country and collaborate with
sector players to address such gaps for the good of the sector; and
vii) Contribute to strengthening of the ‘voice of the NGO community’ as
may be pursued through organized common endeavors including
registered clusters, networks and umbrella initiatives.
10. Development Partners
The Development Partner community plays a pivotal role in NGO sector
development and activities in Uganda through ‘co-opting’ NGOs/CSOs/CBOs
to work on donor-funded development programs and projects, and through
providing substantial funding to support the activities of these NGOs. In order to
improve coordination of development assistance, partner organizations
supporting or otherwise active in the NGO sector shall bear the following
responsibilities;
i) Internalize, and comply with the objectives and principles of the NGO
Policy and relevant legislation;
ii) Subscribe to and support such NGO sector partnership coordination
mechanisms, including the National NGO Council, as may be duly
established from time to time with a view to promoting the orderly
development of the sector;
iii) Enhance and sustain financial and technical support to the
development of the NGO sector in the country based on shared
recognition of the contribution of the sector to human development;
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iv) Interact with the national/local NGO community in a manner
consistent with building the capacity and sustainability of their local
partners;
v) To the extent possible, provide appropriate resources to local
authorities or sectoral ministries to facilitate project review activities
expected to be undertaken by these agencies as part of the joint
project/program management agreements.
11. Media
The media is expected to play a vital role in the successful implementation of this
Policy through carrying out the following:
i) Disseminating and popularizing the Policy amongst stakeholders;
ii) Providing wide publicity to success stories in the NGO sector
partnership; and
iii) Contributing to policy debate, review and improvements in NGO
sector development in the country.
12. The Private Sector
The Private sector, as an engine of Uganda’s growth and development, is an
important stakeholder and partner in the development of the NGO sector. The
Private sector is expected to support NGO sector development through the
following:
i) Appreciating the complementary role of the NGO sector to the vision
and mission of business enterprise;
ii) Supporting the objectives and principles of the NGO Policy; and
iii) Developing productive linkages with international, national and local
NGOs aimed at improving the quality of life of communities.
13. Research and Academic Institutions
Research and academic institutions can contribute to successful implementation
of the Policy through:
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i) Undertaking operational research in NGO sector policy management
and development impact, and widely disseminating the findings
thereof;
ii) Participation in the implementation and evaluation of programs
related to the NGO sector;
iii) Participation in policy debates intended to improve the policy
environment for NGO sector development.
14. Community Leaders
Community leaders enjoy the trust and confidence of the people they lead and
are, therefore, key to the successful implementation of the NGO Policy.
They are expected to undertake the following functions:
i) Mobilize communities to actively engage with CBOs/NGOs in
initiatives that improve service delivery and improvement in the
quality of their lives;
ii) Participate in grass root level audit of the contribution of CBOs/NGOs
to community development;
iii) Contribute to the identification and resolution of operational problems
affecting smooth relations between CBOs/NGOs and their
communities.
15. Communities
Members of the various communities represent the target beneficiaries of all the
activities undertaken by NGOs/CBOs. Accordingly, communities are expected
to be well-placed to welcome and evaluate the activities of these organizations.
More specifically, communities are expected to play the following roles:
i) Support the legitimate activities of CBOs/NGOs based on clear
communication of the objectives and methods of work of the said
organizations; and
ii) Participate in individual and collective efforts designed to hold
CBOs/NGOs accountable.
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ANNEX III: INSTITUTIONAL LINKAGES FOR POLICY AND PROGRAMME IMPLEMENTATION
IMPLEMENTATION COORDINATION ADVISORY POLICY MAKING
SECTORAL MINISTRIES OFFICE OF THE NATIONAL NGO CABINET
PRIME MINISTER COUNCIL
MINISTRY OF INTERNAL
NON-GOVERNMENTAL AFFAIRS/ NGO REGISTRATION
ORGANIZATIONS: BOARD
Champions and
contributors to
policy debate
DISTRICT DEVELOPMENT
Monitors
COMMITTEE
Innovators,
experimenters and
researchers
Advocates and
DISTRICT NGO COMMITTEE
change agents
Service providers
SUB – COUNTY
IMPLEMENTATION SUB – COUNTY PLANNING
COMMITTEE UNIT
