1 Kepan taustaselvitykset n:o 25. kepa's working papers n:o 25. NGO work in Tanzania Highlights of relevant facts, policies and laws evod mmanda (2008). kepa's working papers 25, 2008. ISSN 1796-6469. ISBN 978-952-200-104-7 (pdf). ISBN 978-952-200-103-0 (pb). layout: aapeli lahtinen kehitysyhteisty n palvelukeskus t l ntorinkatu 2 a 00260 helsinki, finland tel +358-9-584-233. fax+358-9-584-23-200. supported by official Development aid from the ministry for foreign affairs of finland. opinions presented herein are personal and may not represent the the official position of kepa Table of contents 1. Introduction 2. The legal framework of NGO sector in Tanzania 3. The national NGO policy of 2001. 4. The NGO Act of 2002. 5. Structure of an NGO. 6. NGOs constitution requirements 7. Tax treatment of NGOs 8.
2 NGOs financial management 9. Banking system with regard to NGOs 10. Employment procedures and labour relations 11. Public holidays 12. Business and informal sector 13. School ownership by NGO. 14. Land use and ownership 15. Corruption and its implications 2. 1. Introduction Finnish NGOs are taking place in Tanzania . These projects are mostly funded by the Ministry for Foreign Affairs of Finland. One of the main tasks of KEPA Tanzania is to provide project advice to these projects and support them in planning, The Service Centre for Development Coopera- monitoring and evaluation of the activities. tion, KEPA, is a service base for Finnish NGOs An adequate knowledge of the working en- interested in Development work and global is- vironment is essential in a successful implemen- sues. Almost 300 such organisations belong to tation of Development co-operation projects.
3 The KEPA. These organisations vary greatly in char- working environment refers to the infrastruc- acter large and small, local and national, profes- tural, political, cultural and societal situation of a sional and voluntary. KEPA itself is a politically certain location where a project is situated. and ideologically non-aligned organisation that The knowledge of the economic working en- operates with funding from the Finnish foreign vironment is crucial for implementation of any ministry. As the umbrella organisation for Finn- project. However, the information and regula- ish Development NGOs, KEPA helps Finnish civil tions considering the economic working envi- society to work towards global justice. ronment are often hard to collect by a single According to KEPA's understanding poverty NGO.
4 KEPA commisioned an analysis of eco- is result of deliberate actions, or simple inaction. nomic working environment that would easily Purposeful joint action is needed to eliminate provide the basic information and facts for any poverty. Everyone can make a valuable contribu- NGO planning to conduct its activities in Tanza- tion. Finnish Development organisations and ac- nia. This survey will be updated yearly to keep tivists can meet each other and forge productive information correct. The updated version will be links through KEPA's networks and events. KEPA found at: helps member organisations to be more effective by providing a wide range of training and other vital services. KEPA also actively lobbies in Fin- land on behalf of its members. KEPA has country offices in Tanzania , Nica- ragua, Mozambique and Thailand for the Me- kong area.
5 KEPA's country offices in the South analyse the local impacts of international devel- opment and trade policies, and support Finnish NGO projects in the South. KEPA's basic task is to encourage, support and organise Finnish civil society to participate in actions that promote global responsibility. Therefore KEPA. increases Finnish civil society's awareness of global issues, and improves its ability to act by organising information, training, cam- paigns and service activities for and in co- operation with Finnish non-governmental organisations; and strengthens civil societies in the developing countries through support for their own field activities and by building co-operation net- works between Finnish and Southern non- governmental organisations. The Finnish NGOs and their Tanzanian partners have been conducting Development projects and other activities in Tanzania for decades.
6 Cur- rently, over 50 Development projects involving 3. 2. The legal registers a board of trustees which has powers to acquire and dispose properties. framework of NGO NGOs registered as a trust, foundation or a company automatically acquires a corporate per- sector in Tanzania sonality. Although both 3 statutes could be used for registering an NGO, historically they were meant to establish entities with specific pur- poses. The Societies Act was initially meant for giving room the local community (indigenous) to organize themselves in handling their affairs but NGO laws the old the same should be non political. The Trustees regime of laws Incorporation Act and Companies Act focused on establishing trusts and voluntary charitable organizations to pursue certain goals to the so- The laws governing registration of NGOs in ciety.
7 Tanzania are rooted in the British common law These 3 laws are still valid to date and peo- system which was introduced in 1920 by British ple are still registering NGOs under these laws . colonizers. Under this system of law, laws were The aspect which was brought by the NGO Act of enacted and some of those laws are these that are 2002 is that if an NGO is registered under these focused on associations that which in the current laws it must apply to the Registrar of NGO for a setting are NGOs. Before the enactment of the certificate of compliance. An NGO applying for NGOs Act of 2002 which was specific for NGOs the certificate of compliance must fulfill the re- in the contemporary setting, formation and op- quirement of being an NGO according to the defi- erations of NGOs in Tanzania was governed by 3 nition of what is an NGO provided by the NGO.
8 laws . Those were: Act No. 24 of 2002. One aspect of compliance is The Societies Act of 1954 which governs so- that the board in whatever it was it has now to cieties. be called Board of Directors and a constitution The Trustees Incorporation Act of 1956 which has to change accordingly. governs trusts and foundations. The Companies Act of 2002 which repealed the colonial Companies Act of 1958 which in Registration procedures the NGO context governs companies limited under the old regime laws by guarantee. Although the NGO Act was enacted to coordinate registration and regulation of NGOs, this new Procedure to register a law did not repeal these other existing laws deal- trust/foundation ing with the registration of NGOs. This means that other laws are still valid and operational A trust is an equitable obligation binding a per- except that an NGO registered under these laws son (who is called a trustee) to deal with property should fulfill the conditions of the new NGO Act over which he has control (which is called trust for registration and qualify for a certificate of property) either for the benefit of persons (who compliance.)
9 For organizations which register for are called beneficiaries) of whom he may himself the first time they do not need certificate of com- be one and anyone of whom may enforce the ob- pliance. ligation, or for charitable purpose, which may be An NGO registered as a society does not en- enforced by the Attorney General. joy a status of juristic person which means hav- The trust by its very nature represents a ing a legal personality whereby it can sue or be- highest form of voluntariness since the benefici- ing sued in its own corporate name and hold and ary under the trust is commonly a volunteer, and dispose property. To acquire this status an NGO the trustee usually obtains no personal material ought to establish a board of trustees registered benefit from the trust. under the Trustees Incorporation Act.
10 Also a so- Before making application for trustee's in- ciety is not allowed to acquire assets unless it corporation, there must be already in existence a trustee or trustees appointed by a body or as- 4. sociation of persons. This trustee or trustees col- Procedure to register a society lectively can apply for incorporation. An appli- cation for a trust is made to the Registration of According to the Societies Act, a society includes Insolvency and Trusteeship Agency (RITA). any club, company, partnership or association of The Applicant must fill an application form ten or more persons whatever its nature or ob- which shall be accompanied with: ject. 3 copies of the constitution (trust deed) pre- The proposed founder members shall submit pared in English. an application letter to the Registrar of Societies 3 copies of the passport size photographs of and this letter shall be accompanied by the fol- the proposed trustees lowing: 3 copies of the CVs of the proposed trustees.