Non-Governmental Organisations Act, 2016

1. Title and Commencement.

2. Repeal and Saving.

3. Purpose.

4. Authorit,; and application. 5. Interpretation. CHAPTER II PRICIPLESAND OBJECTIVES OFVOLUNTARY AND HU~1ANITARIAN WORK

6. Principle governing voluntary and humanitarian work.

7. Objectives of Non-Governmental Organizations. CHAPTER III REGISTRATION OF NON-GOVE1'NMENTAL ORGANIZATIONS

8. Establishment and i\!fai11te11ance of Database.

9. Procedures for Registration.

10. Certificate of RegisLTatio11. I l. Exemption frmn Registration.

12. Renewal or R~jeclion or Ecgistration. I .' . ' -, . ,:i. ~\.:...J"JC'-'--·il. hC(l\:li";:f:_'H..:I:.::-o }4_,, l\1ouiLorin 0:r and l·\·ah!·. ,> ,.!,l)l1 r.,! \ ;::.(~, \..,. .. , , 11 .,\.., •• , , 1 (.J. ib<d ~l)V'""\'111~'·''1''. •·i;--,•11-,·11i(J!Y' ./AL. _,) CBJ\.l'TER IV h1ISCELLANEOUS PROVISIONS

15.Offenccs and pena!liees.

16.Exernplion from duties ;rnd raxes.

17.Alteration and ,..rerrninalion of' activilies of an Organization.

18.Employment by non-govennncntal Organi7.ations.

19. Ceasing of Operations, Dissolution and \Vithdrawal of Non Governmental Organizations.

20.Regulations.

21.'T'ransitional provisions. II In accordance with i\.rticles 55(2} and (3) (b) and 85 (1) of the Transitional Constitution of the Republic of South Sudan, 201 J, the National Legislative Assern.bly, with the assent of the President of the Republic of South Sudan, hereby enacts the following: CHAPTER I PRELJJ\ill'IARY PROV!SOINS

1. Title and. Commencement This Act shall be cited as the "Non-Governmental Organisations Act, 2016" and shall come into force on the date of its assent by the President. ·2. Repeal an,d Saving The Non-Governmental Organisations Act, 2003, is hereby repealed; provided that any orders, regulations, appointn1ents or decisions made and any actions taken under the repealed J\ct shall remain in force unless repealed by or is inconsistent with this Act.

3.Purpose The purpose of this Act is to provide for establishment of a legal framework for the registration, co-ordination and monitoring of operations of Non-Governmental Organisations in the Republic of South Sudan, and for other related matters.

4. Authority and application (I) This Act is in accordance \Vith Article 52 and Schedule (A), paragraph 51 of the: Transitional Constitutional of the Republic of South Sudan, 2011, which confer on the National Govefmnent authority to regulate Non-Governmental, civil society and faith- based Organisations. 1 Republic of South Sti.Cat1.

5. Interpretation In this Act, unless the context otherwise requires: "Commission" means the Relief and Rehabilitation Commission. "Chairperson" means the Chairperson of the Relief ,:1.nd Rehabilitation Commission. "Civil Society" means a Non-Governmental and a non-profit Organization that has presence in the public life, expressmg the interests and values of i..heir members or others, based on ethical, cultural, scientific, religious or philanthropic considerations. "Community~ based Organization" means a Public or private, nonprofit including religious enlity, which 1S representative of a community or a s~gnificant segment of a community, and is engaged 111. meeting human, educational, environmental or public safety community needs. "Country agreement" means an agreement entered into by an International Non-Governmental Organization and the Government intended to regulate the entry and carrying out of voluntary projects by such Organization in the Republic of South Sudan. "Government'~ means the Government of the Republic of South Sudan; "Humanitarian. or envi-ronn1ental emergency" means en1crgency that threatens human life or the environment as a result of natural or 1nan-made factors. "International Non-Govcnunental Organization" means any Non- Governmental or semi- 2 ·.-·'_.., ---i-,,--.,·.;-11 -., -.... ·,·. ·.,, , ,._, ·, -,-·oa·T"l; ,,,. ,.- ,._,_,~"",,-; OJ' ~ cs·:c.:_Olished m ;_:;,_ foreign country and .registered in South Sudan in accordance with section 9 of this Act. "National Non-Govern1nental Organization" means any National Non- Governmental Organization registered 111 accordance ,vith section 9 of this Act. "Minister" means the National Minister responsible for hu1nanitarian affairs and disaster management. "Ministry" means the Nationai Ministry responsible for Humanitarian Affairs and Disaster Manage1nent. "Non-governmental Organization" means a non-profit voluntary Organization formed by two or more persons, not being Public bodies, \vii:b the intention ·or· undertaking voluntary or humanitarian projects. "President" means the President of the Republic of South Sudan. "Reconstruction, Rehabilitation and Resettlement" includes, but is not limited to, projects and activities aimed at ren10val of damage resulting from a humanitarian or environmental emergency. "Regist:ra:r" m.cans the Registrar of Non-Governmental Organisations. "Register" means the register of Non-Governmental Organization. "Registered" in relation to a Non -Crovernmental Organi7,ation means listed m the register; 3 "St2.te" means Cc state of the Republic of South Sudo.n. "State goven:nnent" means a government of any state in the Republic of South Sudan. "Voluntary o:r humanitarian p:roject" means the undertaking of any voluntary or humanitarian activity by Organization individually or in collaboration \Vith the Republic of South Sudan or jointly ;vith other Organisations. 1 "Voluntary or humanitarian wo:rk" means any voluntary activity carried out by a Non-Governmental Organization for non- profit. CHAPTER II PRIC!PLES AND OBJECTIVES OF VOLUNTARY AND HUMANITARIAN WORK

6. Principles governing voluntary and humanitarian work Non-governmental Organisations shall, in carrymg out voluntary or humanitarian work, observe the following principles: (a) Non-discri1nination of the nationals on the basis of race, gender, ethnicity, political affiliation or religious belief; (b) Fairness in selection of geographical areas for allocation of projects, taking into consideration areas with greater need of support; (c) Accountability to beneficiaries, donors and relevant public institutions responsible for delivery of services in tbc areas, and other entities to be specified in the regulations; ---~-- ~~.-.:;:;-..c.:;_~~,•. ~~ic OF ~ourh' 4:;;,;,"0 ~ I - r~,, ;,,:.,.q..v>,-f{},)\ i 1;;::r.:s, · ;z--~.,'"' 'o.4 -~·- ,.;;;r,S;-_f 4 - -tj,· ~\ 4 // < 1t~ ....------------ --~ifj, ~\ ,,1(;::) I 0 FEB ?.016 ) '~\1)\ ,\',,'C•", 9 " · , ~~,;qlf -.,.-,. '''" ---. .,,--· .... - / .•·• './' ,/ ~11c; local communities to be se!{-rcbc;_nt ill the m2~nagement of programmes; (e) Participation by local communities and beneficiaries; (f) Capacity building for South Sudanese nationals involved in the work of Organisations; (g) Respect for the sovereignly of the Republic of South Sudan, its institutions and lmvs.

7. Objectives of Non-Governmental Organisations The objectives of Non-Governmental Organisations involved in voluntary or humanitarian projects shall include: (a) Deliver emergency relief to the co1nmunitics affected by any natural or man-1nade_ disaster; (b) Prevent, IIlitigate and man8.ge risks to people or the environnient resulting from any such disaster; (c) Co-ordinate relief with reconstruction, rehabilitation, resettlement and development projects; (d) Co- ordinate \Vith relevant public institutions in formulating, implementing relief, reconstruction, rehabilitation and resettlement programmes; (c) Rehabilitate economic and social infrastructure affected by disaster; (D Consult 1•vith beneficiaries and any relevant government institutions at all levels in determining the needs and priorities of the communities affected; (g) Build capacities of both the con1m1Jnities and government institutions al all levels. (h)

8. Establishment and Maintenance of Database The Registrar shall establish and maintain a database of non- governmental Organisations and their activities m South Sudan containing necessary information for understanding and promoting contribution of Non-Governmental Organisations to the national development.

9. Requirements for Registration (1) Require1nents for registration of all Non-Governmental Organisations shall be as follows: (a) Submi~si9n of an appl.ic?ti9n for registration. to the Regis~ra,r in the prescribed form; (b) The application for registration shall be made by the director or representative of the proposed Organization and shall specify;

1. Organogram of the Organization;

11. Head office address of the Organization;

111. Sectors of the Organization operations; 1v. Area of operations (State, County, Payam and Boma) 111 case of Organization already operating in South Sudan); v. Areas of operations for new Organization to be agreed upon. v1. Annual budget; vu. J\ll knO\vn or probable sources of funding for the Organization; vm. Organization assets and projects assets; 1x. Copy of docun1ents shmving any affiliation with national or in tcrnational Organi,mtion; 5 x1 Copy of country agreement. "'-'!~h Government of South Sudan; xu. Certified copy of registration certificate from country of origin in case of international Organixation; xm. J~videncc of the Organization financial capacity to implement the programmes. xiv. Opening of bank account in South Sudan (c) No Non-Governmental Organization shall operate in South Sudan unless it has been dully registered with the Commission. (d) A Non- Governmental Organization registered under this Act is not by virtue of registration, entitled to diplomatic or consular privileges or immunities.

10. Ce:rtificate of registration A certificate of registration shall be a conclusive evidence of permit to operate in South Sudan.

11. Exemption from registration (1) The United Nations, its specialized agencies, and International Comn1ittee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the South Sudan Red Cross shall be exempted from registration under this Act. (2) Every con1munity-based Organization shall be registered at the State or County in which it operates.

12. Renewal or Rejection of Operational License (1) The Registrar rnay, after due enquiry, rene\:v or reject Operational License of any Non ii:. section 6 uf ib1s J',.ct. (b) Hs application for Operational License or renewal contains incorrect information. (c) It fails to satisfy the Operational License or renewal requirements in section 9 of this Act, as the case may be; or (d) Its intended activities contravene any other law. (c) Its involvement with tribal and political differences 111 the country (2) If the Registrar rejects an application for operational license or renewal of Operational License, he or she shall give 1:vritten notice to that Non-Government.al Organization, with reasons for the decision.

13. Renewal Requirements Upon application for renewal of Operational License a Non- Governmental Organization shall provide the following: (a) Perfonnancc reports. (b) Audited financial report, (c) Consolidated list of assets (projects and Organization). {d) Prograinmcs plans and budget for next Fiscal Year. (c) List of staff and their positions both nationals and internationals. 8 The Commissio11 shail: (a) Monitor and evaluate all activities of the Non- Governmental Organisations. (b} Audit Non- Governmental Organisations when necessary. CHAPTER IV MISCELLANEOUS PROVISIONS

15. Offences and penalties. Any person who rnakes signs or utters false statement or declaration in violation of any provision of this Act shall be guilty of an offence and liable to a fine not exceeding fifty thousand South Sudanese Pounds or imprisoriffie1~t for a tenn- rio·t c~cccding three" years or both.

16. Exer.n.ption from Duties and Taxes The Minister responsible for finance may, on the recommendation of the Minister 111. writing, exempt any registered Non-Governmental Organization from payment of customs duties and taxes on specified assets and equip1ncnt imporLed or purchased for the purpose of the voluntary or humaniiarian work of the Organization.

17. Alteration and Termination of activities of an Organization Any Non-Governmental Organization registered in accordance wilh the provisions of this Act shall obtain prior \Vritten approval of the Registrar to engage in activiiics other than those agreed upon with the (1) Subject to this section, and the labour law, a Non-Governmental Organization shall employ South Sudanese nationals or International personnel as its employees. (2) Any Non-Governmental Organization so employing shall: (a) Give priority lo South Sudanese nationals; (b) Not discriminate against any applicant or employee on the ground of region, race, religion, gender or political affiliation. {c] Ensure that not less than 80 percent of the employees are South Sudanese nationals in all managerial, middle and junior levels. (d) Engage professional staff from abroad only if there are no qualified South Sudanese nationals. (e) Ensure ·n~a~ all expatriates 11.;ve >Nork perinitS ~nd any other documents required by law prior to arrival. (f) Abide by legal requirements in respect of safety at the 1,vork place and any minimum wages rcquiren1ent set by the Government from time to time. (g] Deduct personal income tax from basic salaries of South Sudanese and other consultants and transfer it to the Government.

19. Ceasing of Operations by Non-Governmental Organization A Non-Governmental Organization may cease iLs operations provided that it shall give a three month notice prior to ceasing the operations. 10 'i) '.. The ivfr1.isicr shall, upoE Llle rccornrn.end~1..::~o::1 o~· the Chairperson, make regt.1lations for the nnplcrn.ente.tion of this Act. (2) The regulations shall include, among others: (a) Registration and rene\:val fees; {b) Rencv.ral of a registration certificate; (c) Registration of Non-Governmental Organisations in the country and communily based Organization in the states and counties; {d) Keeping and auditing of accounts of Non-Governmental Organisations; (c) Periodic reporting by Non-Govern1nental Organisations.

21. Transitional provision Upon coming into force of this Act, all Non-Governmental Organisations regist~red ·ui1dcr the rc~ealcd. Non- Gover:nment~J Organis~tionS Act, 2003, shall within three months apply for renewal of the registration under this Act. 11 ASSENT OF THE PRESIDENT OF THE REPUBLIC OF SOUTH SUDAN In accordance with the provision of Article 85(1) of the Transitional constitution of the Republic of South Sudan, 2011, I, Gen. Salva Kiir , President of the Republic of South Sudan, hereby Assent to the Non- Governmental Organisations Act,2016 and signed into Law. Signed under my hand in juba, this _LQ_~day of the month of £~/£in the Gen. Salva Kiir 11/Iayardit President Republic of South Sudan RSS/Juba 12