Non-governmental Organization Administration Proclamation (No. 145/2005)

"- , ;.. ... -;.~ .. , ' , I GAZETTE OF ERITREAN LAWS PUBLISHED BY TIlE GOVERNMENT OF ERITREA Vol1412005 No.4 Asmara, 11" May, 2005 Price Nakfa 10.00 Proclamation No. 145/2005 A Proclamation to Determine the Administration of Non-governmental Organizations . ,;,-,,""';'~;".<";-'" .0 0-,'-..• , ~ .'~.--' ~ ,. ., . ~ . Proclaqjatiori:l'~lQ!n45/2005 ,',' A Proclamation to Determine the Administration of Non-governmental Organizations '. Whereas, non-governmental 'organizations have played a commendable role during the liberation struggle of the people of Eritrea and after independence; ., L' Whereas, albeit significant achj~vements registe,red in all sectors of the Eritrean. economy since independence, the scars of the protracted war of liberation and recurring droughts still contin~e to bc1e..aguer OUf ~ple; ; , i . '.r . ',,' ,. Whereas .. .non-governmental organizations can still contribute in the temporary relief and r.ehabilitation wor~ u~dery.'ay ~ complementary" to, but by no means substitutes of. governmental agencies; Whereas, except for minor alterations reflecting acquired experiences and changed rea1ities, the policies wlderlying Proclamations No. 60 and 61 of 1994 still hold; J ", Whereas, non-governmental organizations are expected to play an enabling role with accountability and transparency to, inter alia, the beneficiaries of relief and rehabilitation during their temporary participation in the above:mentioned transitional endeavours; Whereas, success in , relief and rehabilitation programs should involve effective COrTl-VlurUty participation, p~,?ote po~itive cul~, work values and discard aU vestiges of depend~ncy. syndrome; '. Where~s, non-govemmental organizations should, in order to ensure efficiency. effectiveness, faimess and cost-effectiveness in their works, inter alia., commit and secure upfront the required financial or human resources, relieve the Government from tax. subsidies and recruit personnel as well as procure goods and services competitively and transparently; Now, therefore, it is proclaimed as follows: • h.':""T""~ --: - . :,'~~"'7':- - .~ ~., " ii' ., ,. . General , '>! Article-I: Short Titlt!"'" '>',: This Proclamation may be cited as the" Non-governmental Organization Administtation Proclamation No, 14512005" : Article -2: Definitions ,~.~:.(: "In this Proclamation, unless the context oth~sc requires: :0::) I:~"":': -. !"" ';", "or! ~ !, ' . (l)"non-governrnental organizations (NGO's)" means organizations which are non-profit oriented and not part of the Government and engage in relief and/or rehabilitation work' ih-accordance with the ":..' provisions of this Proclamation under their oWn b u~get and programs; '-'':·"-"T~:~':'" ~ (2)"intemational non-governmental organizations" means foreign organizations which are non-profit oriented and not part of any f9reign government and which engage in relief and/or rehabilitation work in Eritr::ea in accordance with the provisions :o(this Proclamation under "their own budget and programs; (3)"local non-governmental organizations" means local organizations which are non-profit oriented and not part of thf! Government and which engage in relief and/or rehabilitation work in accordance with the provisions of this Proclamation under their ' oWn 'budget and programs; (4) "Relier' includes the provision of food, water, sanitary materials, medicines, shelter and other emergency supplies to tile victims of natural or man-made disaster or displaced people; (5) "Rehabilitation" means enabling activities carried on to restore damage caused by natural or man-made disasters and includes construction, reparation and maintenance; (6) "Minister" or "Ministry" means ihe Minister or Ministry of Labour and Human Welfare, respectively; and (7) "Government entity" includes ministries, administrations, commissions, authorities, governmental offices and agencies. 2 , ,-. P~RT TWO ;" · ; . ',". i <. ,- ", ' , Power.s and Duties ofGoverllment Entities Article ·.3: Powers and Duties orthe Ministry ~Regarding NGO's,-ilie' Ministry shall have the powers and duties to: (1) receive written applications and the attached (Annex I) filled registration forms and required relevant documents of local and , intemational~99'.s1Y.'~s9ingld'engage in relief and/or rehabilitation works and, after"examining and reviewing the documents, issue within thirty (30}tiays, work pennit~ or, where it, rejects the applications, inform' the applicants' in writing its reasons 'therefor; (2) coordinate between Government entities and NGO's;., : '. (3) approve and coordinate programs and projects to be funded and implemented by NGO's; (4) authorize the importation of goods by NGO's and ascertain that taxes and duties are levied and paid on the said goods in accordance with the law by the importing NGO's; (5) see to it, whenever it deems it necessary. that the accounts of an NGO are audited; , ",' (6) el1$ure that foreign employees of NGO's enter into Eritrea and hold . i~~rK;permit~ in accprdance with the provisions of Legal Notice No 80/2003 (Annex 1I); (7) ascertain that NGO's which tenninate their activities for different reasons settle their debts and the claims 'of employees in accordance with the provisions of Labour Proclamation No. 11812001 (Annex ill) and deliver to the Ministry property held for program facilitation; and (8) suspend or terminate the activities of NGO's found working outside the ambit of their work peIIDits. Article -4: Powers and Duties of other Government Entities Regarding NGO's, Gov'ernment entities shall have the powers and duties to: , (\) conclude relief and/or rehabilitation won;:' cOntracts with:NGO'.~ in',. ".,., c," respcct of progl1l1lls approv"1'i by the Ministry~ c., .,:, ,i,. "~c' -..... :. ...~ .. , .. , " .--. ",;.'-~.:. (2) folIo!" up and supervise relief ~d rehabilitation programs to be diiectJy operated by NGO's; . ,. • . (3) evaluate all programs carried out in cooperation with and funded by ·NGO's and regularly submit reports (0 the Ministry~very six months. :.: ", ':/r:; .• PART THREE' Rights and Obligations of NGO's Ariticle-5: Rights ofNGO's NGO's shall have the right to: (1) receive infonnation regarding their work programs from the Ministry or other concerned Government entities; (2) request security and protection for the safety of persOImel and property at places of work; (3) terminate programs or activities by giving three (3) months' prior notice; and . (5) iiire and dismiss personnel in accordance with the provisions of Labour Proclamation No. 11812001. Article -6: Obligations of NGO's NGO's shall have lhe obligation to: (1) register by submitting an application stating the reasonls of engagei.'lcnl in Eritrea ' with filled fonn of registration, memorandum and articles of association and background infonnation; (2) start work with the concerned Governmental entities by concluding cootraclsofwmit. ~,ootajning work pennits; (3) submit to the Ministry: 4 4' '.' (4) submit to the Ministry within four months after ille financial year, ," M annual ' firi:ilicial 'report ~wn by an indep~ndent audit fign, . 'showing a detal1cd recOid of money received and spent ',on . ad~inist'ration and' beneficianes; (5) ens¥Ie, . . in the . ever ,unfailing ~ffort to J;Il.aximize relief and rehabilit.ation support 't~ ' tieneficiaries, iliat overhead costs never exceed t~n (\0%) percent .of,the over all budget; ,~ " ' . • J 1 . - , - .' (\ • ' " . , . , ' (6) ensure that foreign exchange dealings and trans:ictions are executed through the b~ ofEritr~ in accordance with the law; (7) ensure that the procurement of "goods and services is effected with transparency and competitively; (8) regarding the recruitment .of employees: (a) submit to the" Ministry a document establishing the appointment of a person as the representative of the International NGO; (b) ensure that a foreign representative or an employee or volunteer worker of an international NGO holds a work pennit; (c) ensure that vacant posts are filled with priority to Eritrcan citizens and ascertain'1hat the rights of'recrUited 'employees are \ observed prirsuarit' to the provisions of Labour Proclamation No 11812001; (d) ensure where vacant posts are filled by Eritrean citizens that the said citizens have satisfied their national duties and hold official discharge papers; (e) present to the Ministry evidence of efforts made to filt yacant posts where adequate Eritrean !abou~ is not available; and (f) ensure that a foreign professional enters Eritrea after obtaining a visa through the Ministry of foreign Affairs where the Ministry decides after verifying the level of education and experience of the said professional on whose behalf a request has been submitted; (9) pay taxes andlor duties on all goods which they import into Eritrea; 5 .0..:. , ,: I " ."' ' (10yasc'ertain1hai.'at(~Jith3y6(rpiYs mcbm:c .tax; 6n: ;iric~~me tef!:!:I1,e4 AP!lL. :'! /' ',<; "i ... ' ;;, ' eirlploym'ent;' : ,iil :t\'; i',,!~ '",:" ,"to;:--> ."" " "(-1 X) ~illmediately r~ort to t1'1e iM'~nistrY crlmil}al 1ofrenccs such ,as theft , 6r 'erhb-czzlemen(cohiffiitted against them by their employees and be tbspoilsiblt£~ feir li~bility incurred by their ' empl<?yees in the discharge of their dutieS; and . ,- ' '(12) where' they terminate their actIvities for different reasons: "--. ' . - , , . i ' ")''''' ,', !, ,,, i,! .... " /.-, ~lr::"; -' ,,: ; ' i-o (a) settktlieir-debts and 'the claIms of employees and report the ,same tOr ,t~e Ministry; and (b) hand over tei 'the Min~stry 'programs 'or projects in progress and property held. PART FOUR Activities ofNGO's Article -7: Scope of Activities ofNGO's (1) The activities of every NGO shall be limited to relief and/or rehabilitation works. , ' j" (2l. .AnY NGO wishing,to change·programs may do so .only after applying to the Ministry in writing and 'obtaining approval forthe same. (3) The pennit of any NGO which violates the provisions of this ' Proclamation or engages in activities outside relief andlor rehabilitation work and, in particular, in political or economic sabotage or subversive activities against the State of Eritrea or Eritrean national interests shall be revoked and the representatives or employees of such NGO responsible (or such,illegal activities on behalf of the NGO shall be held liable under the relevant provisions of the Penal Code of Eritrea, (4) Notwithstanding the provisions of sub-Article (1) hereof, any NGO or other agency desiring to engage in development work as a development partner in Eritrea in any sector of the economy can do so by concluding an agreement with the concerned ministry or agency. 6 ,.".~ ·ff< .... -. ~·,{ );5:1:;,;\ '~L :.\'" (1) LOCal" NGO's may · be- authorized . to engage . in relicf andtor , J rehabilitation work if: . '1.:; J,: (3) they prove that t}iey have been incorporated and registered as . "; non-profit associations;to 'engage in relief and/or rehabilitation work .. pursuant · to the provisions of Articles 404-482 of the Transitional Civil Code of Eritrea; (b) they are ready to work within the scope of relief and/or ""I";ll. 'fchaoilitationxpalicies"ana,vpriorities ,in cooperation with the ' Gov~rnment ofEri~;'and " , . , ,I (c) they establish that'tl1ey have at their disposal in Eritrea one million US · Dollars or:; its equivalent in other convertible currency, or technical or other capacity amounting to it, in order to enable them launch small-scale work aiming towards the achievement of .th~ir objectives. . i .:.. -.., (2) Local NGO's shall be accountable to donors, the Ministry. other Government-entities"2Ild bene,ficiary communities. (3) The utilization, distribution and implementation of financial and in kind support, collected locally or from abroad for relief andlor rehabilitation work shall satisfy programs and directives issued by the Ministry in consultation ~ith the beneficiary communities. " ~,.'. '.. ."u ... ~. . :;\.{. " (4) A .benefic,ijl!y, cOUilllunity . s~,'l!I,cP~~lP~\~ in the distribution of relief and rehabilitation aid or sup~rt.t{;" :';:'L (5) No Local NGO may engage in.relief andlor rehabilitation work with funds eannarked to Eritrea by the United Nations or its affiliates or through bilateral agreements. (6) Local NGO's shall immediately declare publicly and officially inform the Ministry on all donations made. Article -9: Activities ofInternational NGO's (1) No international NGO may engage in Eritrea in reHef andlor rehabilitation work except through the Ministry or other concerned Government entity. 7 ) 'I ~ '.I ',' . " ';"1«2) ,Nolwil\lsl>!1ding,ll1e. ,pro l'i(Ions ,ot; su1i"i\tticle;( !·}t!tereof,: whyte lhO"( :. ....,. / , . ,.~ 'd·., Min.ist.ly, Of, tp.e ~onccrned Government entity: ;cannor.'catry 'Out, tIfe: .~;:\ ~." ,)" .~: ,,- -< ~\~ask .or ,wh~re ., any ot~er , serj9u~ ~aus~justj,fles ' it"an international NGO may directly engage in th~ activity by agreement. (3) The provisions.of Article 8(2) \0 (6) h~reof shall also be applicable to, pr as the c.ase maY,be, in,th~ca~,gof~~temational NGO's. . . ' I ~; (4) The programs - of international NGQ's shall contain institutional capacity building and training components. , 'j --, ," j, ,- " ;::. c ': -Co !" 'i;(~ " ••.. (5) Intemalional p .GO's ,shall , p,oye ,that , th~y have at their disposal in Eritrea two million US Dollars or its equivalent in other convertible currency. Of technical Of other capacity amounting to it, in order to enable ·; them launch "" sma1I-~~ale ~ork aiming towards the achievem~nt o.ftheir objectiv~. ," PART FIVE Miscellaneous Provisions Article -10: Registration ." , ' . (l? NGO's shall submit the following information for regislnltion: (a) legal documents pertaining to its organization and operations; . (b) books >!1d regiSters of their-finanCial accounts and their fixed Or movable assetS; ,·,I;" '- ,; :11( , H-::; ~- ; : "~!'-:' ::' (c) documents that ascertain the availability of monetary or other capacity C<juivalent to it, as stipulated in Articles-2> (I) (c) and ' ~q (5) for initial engagement in work activities; (d) a written application clarifying the reasons for engaging in relief and/or rehabilita~ion work and the type of activity they wish to engage in and providing backgrolmd infonnation. (2) All NGO's shall register anew on the basis of the provisions of this Proclamation. They shall-also renew their registration annually, ArtiC\c - ll: Appeal ,,~ . ,,~~.--" . : .~, ' ;.:-.;;'.~--: "" "' ::"- --'~ , (I) An NGO aggrieved by a decision of the Ministry rejecting its Application to register and engage or renew registration in relief and/or rehabilitation work in Eritrea may appeal to the High Court within thirty (30) days from the date orthe rendering-of the decision. 8 • r"i,~'~! ~~:n;:~. ".!'d,!:r:,: '7:"0 ' .,' '4:1'.':;L.~: ".c .1 '."j ",f!\ ~:;. .;\ , ,,l:>"! ",,' ,:, .. " '. ' .. (2) The decision of the High Court shall be final. . Article -12: Transfer of Assets and Liabilities All assets, liabilities and rights of the Eritrean Relief and Refugee Commission are hereby transferred to the Ministry of Labour and Human Welfare. Article -13. Power to Issue Regulations The Minister may issue regulations fpr the better implementation of the provisions of this Proclamation. Article -14: Effective Date , F I ' This Proclamation shall enter into force as of the date of its publication in the Gazette of Eritrean Laws. Done at Asmara, this 11 '" day of May, 200S GOvernment of Eritrea. 9 ~--;--. I .>.