Do banned NGOs have a case?

The announcement that some non-governmental groups’ operations have been suspended has generated confusion and inconvenience among some of the impacted entities, as well as worries among others.

The bulk of the NGOs have now alleged that they were never given advance notice, despite the NGO Bureau’s earlier warnings. The instruction affects 54 organizations, some of which got letters on the same day, August 20, while others claimed to have only heard their names reported in the news.

According to information from the NGO Bureau, the majority of the NGOs impacted had only been licensed for operations less than a week earlier, which explains the bewilderment about the abrupt move. “The Bureau keeps an up-to-date list of NGOs that are allowed to function in the nation and makes it available to the public on a regular basis. Stakeholders and the general public are thus notified that the National NGO Register has been updated as of August 16, 2021.”

The board’s disclaimer, on the other hand, may limit the scope of the NGOs’ complaints. It states, “This Updated Register may alter at the discretion of the NGO Bureau.” The majority of the NGOs involved maintain their innocence, claiming that they comply with all rules, including registration, filing returns, and financial transparency.

Youth Line Forum, an organization that aims to promote young people by providing equitable chances, says they don’t just comply with regulations; they also mobilize other NGOs to do likewise. “We have filed our yearly returns, have a legal permission, have incorporated with URSB, and have registered with the Financial Intelligence Authority. Youth Line Forum is included on the bureau’s official list of NGOs that are allowed to operate,” says Ruth Asiimwe Kabugo, Director of Strategy, Fundraising, and Partnerships.

As long as they “continue to operate legitimately,” the organization claims it is willing to engage the Bureau through diplomatic and legal methods.

“As NGOs push back and regain their civic space, we have a track record of urging them to follow state rules. In fact, we are now assisting 300 groups around the nation to align their activities with the law,” Asiimwe says.

There are 2,239 NGOs allowed to function, according to the revised National NGO Register as of August 16, 2021. The Great Lakes Institute on Strategic Studies, or GLISS, a public policy researcher and think tank, was not listed on the list and its operations were immediately terminated.

“We received a letter from the NGO Bureau ordering us to cease operations. It refers to non-profit operations that aren’t listed on their website. We believe the Bureau is being utilized to persecute our group politically and administratively once more. “We shall seek clarification from the URSB,” GLISS Executive Director Godber Tumushabe stated.

This includes AFIEGO, the Africa Institute of Energy Governance, which purports to be a non-profit organization but maintains that the NGO Bureau has no authority over its operations. “We are being persecuted politically for the work we are doing. Executive Director Dickens Kamugisha stated, “We will fight the judgment in court.”

Witness Radio Uganda’s CEO, Geoffrey Wokulira Ssebaggala, whose operations were suspended for operating without registering with the NGO Bureau, echoed the same sentiments. According to the Bureau, GLISS and other NGOs in that category require a permit:

“Any person or group of individuals formed as an organization by the Companies Act or the Trustees Incorporation Act, as well as those who fall under the Act’s definition of an organization, should register under the law.” The Uganda National NGO Forum, a civil society umbrella group, said it is working with the Bureau and has additional information about the 54 organizations that have been affected so far.

These also address whether or not community-based organizations that are incorporated as Companies Limited by Guarantee are subject to the NGO Act 2016. On Friday, the Forum chastised the Bureau for acting without consulting NGOs, claiming that this creates a challenging working climate for NGOs.

While interacting with the regulator, the NGO Forum said it would continue to seek further answers and examine the legislation. Chapter Four Uganda, a legal aid organization, and Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU) had their activities indefinitely stopped for allegedly failing to file yearly returns and audited books of accounts, among other non-compliance concerns.

The years of violation, according to the Bureau’s data, are 2016 through 2020. Nicholas Opiyo, Chapter Four’s Executive Director, produced a receipt from the NGO Bureau, which showed returns from 2016 to 2019, submitted in January 2021, but could not explain the year 2020.

“We will write to the National Bureau for NGOs to remind them of this, as well as other papers filed with them and other agencies in January of this year. Accounts that have been audited, financing sources, and so forth. He remarked on his social media platforms, “We’ve always behaved above board and disavow any portrayal of criminal activity on our side.”

“We’ve spoken with a number of parties, including the NGO Bureau, who have provided us with helpful information on the subject. According to a statement from the NGO Forum, “the NGO Bureau, as the Regulator of all NGOs in the nation, is dedicated to addressing any compliance-related problems.” Due to the significance of civil society to Uganda’s growth, certain foreign missions in Uganda have voiced worry over the move and asked for swift measures to resolve it.

“Civil society is an important partner in Uganda’s development. The European Delegation in Uganda stated, “We look forward to the settlement of any difficulties with organization registration so that this vital work can continue in the spirit of a true collaboration based on mutual accountability.” In a brief statement, the US Embassy in Uganda appealed for a speedy settlement of the concerns.

“Civil society contributes significantly to Uganda’s growth in all sectors. We hope that any difficulties with organization registration will be handled quickly so that their vital work can continue in the spirit of real collaboration and mutual accountability.”