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 Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. (Re: Ahmad Sanad)
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Temporary Decree for Regulating Voluntary Humanitarian work
The year 2005
As an act of article 109 (1) Republic of the Sudan interim Constitution for the year 2005, President of the Republic issued the temporary following decree:
Chapter One
Primary Acts
Name of the Temporary Decree and date of issuance
1. This temporary decree may be cited as “the law of Regulating Voluntarily Humanitarian work 2005” and it is valid starting from the date of its signature.
Cancellation and acceptance
2. (1) from the date of Issuance of this act, The following Acts will be repealed:
a) The law of Humanitarian Aid Commission 1995.
b) The Law of Regulating work of Cultural Groups and Associations 1996.
(2) That has been issued accordingly will be valid until amended or cancelled.
(3) All the powers and authorities of the relevant ministry will be valid according to the Presidential Decree Number 24- 2002, which amended article 32 of the decree Number 12 -2001
Validation
3. Articles of this law will be applied in case of contradiction with any other law or act.
Interoperations
4. In this act unless the context other wise requires:
“Voluntary work” Means any voluntary, charity, humanitarian non -Governmental, non profit making activity undertaken by any civil society organization, charity organization or institution, foreign voluntary donating or implementing organization or agency. Provided that this activity is having developmental objectives, cultural objectives, national objectives, service objectives or scientific or research objectives.
“Civil Society Organizations”: Means the originations, associations, Unions, non-governmental or semi – governmental local organizations which is working in the field of voluntary work and registered according to the provisions of this Act and this does not include :
a) Any Company registered according to the company act.
b) Any political Party.
C) Any group working towards achieving political aims or objectives.
(d) Any institution or agency registered according to the provision of other law.
“International Institutions” Means any International foreign agency working in Sudan and organizations governments and specialized UN agencies
“Registrar of NGOs” Means the general registrar of civil society NGOs appointed according to article 17 (a) of this act.
“The Commission” Means the commission of Humanitarian Aid provided for in article 19 of this act
“Commissioner” Means the commissioner of humanitarian aid appointed according to article 22 of this act.
“Charity Institution” Means any charity work undertaken by Sudanese person who is having financial ability from a legal source
“Rehabilitation and development” Means any work or action, activities meant to the emergency situation and its impact and development schemes and projects proposed by civil society organizations in normal situations according to the provisions and regulations of this act.
“Country Agreement” means the set of rules, regulations and directives which govern entry and working of foreign organizations to Sudan
“Networks” Means the networks of voluntary and civil society NGOs provided for in article 28 of this act.
“Emergency”: Means any natural or unnatural emerging issue affect the human being or his / her environment or any other emergency which render the person unable to practise his normal life according to the regulations.
“Ministry” Means ministry of Humanitarian affairs
“Minister” means the minister appointed by the president of republic.
Chapter Two
Registration of organizations
5. (1) No voluntary organization is allowed to practise any work or activity in its own name if it is not registered according to the provisions of this act.
(2)All the Existing organizations, unions, associations, voluntary non – governmental organizations or semi – governmental organizations, foreign voluntary organizations working before the issuance of this act should adjust their conditions and status within 90 days from the date of issuance of this act in order to make registration according its provisions.
(3) National Civil society organizations is subjected to the ministry in issues regarding registration as well as being to authorized agency in technical and administrative issue in coordination with the general registrar of NGOs
Civil Society Organizations
6. Any National, Federal civil society organization seeking registration should fulfil the following conditions:
a. Its members should not be less than 30 persons.
b. It should have basic statute including the names of, members, their place of residence, its objectives and financial system, areas of work and geographical jurisdiction and its meeting
c. The organization should have residence
d. The minister of General registrar may accept registration of organization have less than 30 members.
Registration and renewal of registration
7. Civil Society organizations and International Voluntary organizations should be registered according to the provisions of this act.
Legal Personality of the Organization
8. Organizations are entitled to legal personality from the date of its registration according to the provisions of this law.
Access to documents
9. Any member of any civil society organizations could have access to its documents kept in the ministry and have a copy of it after submitted official application and payment of the fees
Cancellation of Registration
10. The General Registrar of Voluntary organizations may cancel the registration of any federal national civil society organization or foreign voluntary organization if after the necessary investigation he convinced that:
a) Registration of the organization was done through cheating or provision of false information
b) The civil society organization or the foreign voluntary organization violated the provisions of this acts or its regulations, or violated any of the other law or the public polices adopted by the state in the field of humanitarian work
c) If the founders of the organizations stopped from practising public work for the period of one year.
(2)In case of final cancellation of registration all the assets and properties of the organization whether fixed or mobile should go to the ministry
Rejection of Registration
11. The registration of any civil society organization may be rejected in the following cases:
a) If the basic statute of the organization is contradicting any of the adopted polices of the state in the field of humanitarian work.
b) If the name of the organization coincides or similar to the name of other existing organization
c) If the authorized official or technical authorities or agencies did not accept the registration
Registration of National Charity institutions
12.
(1) Without prejudice to the provision of article 6 of this act any individual person or a group of persons less than 30 in number can apply to the general registrar of voluntary organizations to register national charity organization which have n national objectives according to the following conditions :
a. To prove financial ability and sustainability.
b. Has a legal source of finance.
c. Has a board of directors.
d. Is not allowed to get donations locally or internationally
e. Has a separate bank account in the name of the institution, financial reports and audit report
f. Renewal of registration is subjected to the regulation
g.
(2) In case of not performing any work registration will be cancelled and funds will be confiscated
Chapter Three
Organizations’ General Registrar
Assigning the Organizations’ General Registrar
13. The President of the Republic assigns a General Registrar for the Federal Civil Society Organizations and the Foreign Organizations recommended by the Minister.
Terms of References and Authorities of the Organizations’ General Registrar
14. 1) The Organizations’ General Registrar will have the following Terms of References and Authorities:
a. Registration, renewal and cancellation of registration of the Federal Civil Society Organizations, the voluntary Foreign Organizations, according to the rules of this law and the articles issued accordingly.
b. Requesting any information or data concerning the work of any of the Federal Civil Society Organizations or any Foreign Voluntary Organization and to inspect its records to investigate compliance of procedures and activities according to the rules and articles of this law and the decisions issued accordingly.
c. To supervise Elections of the Federal Civil Society Organizations.
d. To endorse the basic orders and statutes and internal regulations of the Foreign and Federal Civil Society Organizations.
e. To form administrative investigation’s committees, whenever it is necessary for the investigations of violations committed by any of the Civil Society Organizations or the Foreign Voluntary Organizations or their individuals who violates the rules and articles of this law.
f. To solve conflicts and disputes which may arise between and among civil society NGOs or between civil society NGOs and other institutions?
g. To keep a Central Registry for the Federal and Foreign Civil Society Organizations.
h. To request any information regarding the State Civil Society Organizations regarding the Central Registry.
Chapter Four
Management of Civil Society organizations
15. The general assembly of any civil society organization should be considered the highest power in the organization.
Executive Committees
16. Every civil society organization should have executive committee. The statute of each organization should specify its jurisdiction, powers and means of elections.
Chapter Five
Establishment of Federal Union for Civil Society organizations,
And Networks
17. (1) According to the provisions of this law a general union of civil society NGOs should be established. The union should have legal personality and have in its membership state unions and Networks
(2) The general Union should be based in Khartoum.
(3) The basic statute of the union should specify its powers, jurisdictions, management and keeping of its funds.
Branches
18. (1) Federal civil society organizations may have branches at the state’s levels for the sake of coordination and organization of the humanitarian work.
(2) The basic statute is to specify the jurisdictions, powers, structures, means of elections and all other matters concerning the establishment of the branches.
19. This article was badly drafted. Even in Arabic you can not understand it
Chapter Six
The Commission
Establishment and Supervision of the Commission
21. To establish a commission named Humanitarian Aid Commission at the Ministry that will be considered as part of the Ministry’s Skeleton and will be under the Minister’s full supervision in all assignments and duties.
The Commission’s Terms of Reference
22. (1) The Commission will be established as a specialized High Standard Emergency Unit with the following TORs.
a. Initiative and leadership for specifying the Humanitarian Aid needs to prevent the Natural and unusual disaster’s effects in coordination with specific constitutions.
b. To supervise the rescue and rehabilitating operations.
c. Awareness raising and education of right understanding for the Humanitarian Aid to include Rehabilitation and settlement.
d. To participate in running the Humanitarian operations inside and outside.
e. To work on keeping strategic aid storage to face the basic needs during disasters.
f. To encourage the local and international efforts in coordination with specialized institutions for disaster prevention and rehabilitation of the affected areas.
g. The commission should refer to the Ministry’s Head Quarter to execute all these activities in all situations.
Appointment of the General Commissioner and his Terms of Reference
23. 1) The President of the Republic issues a decree to assign a General Commissioner for the Humanitarian Aid according to the Minister’s recommendation.
2) The General Commission will been the first executive responsible in front of the Minister to execute the commission activities mentioned in article (20), with not converting all the above the General Commission Terms of Reference will be as follows:
a. Collect all the information and signs that predicts and warns of the possibility of a disaster and inform the specialised authorities for coordination.
b. To organise and coordinate the rescue operations for the affected areas.
c. To process researches and studies to avoid emergency cases resulted by the disasters in coordination with the specialised institutions after consulting the Minister.
d. To work on protecting and maintaining the natural resources and rehabilitating the environmental orders in the affected areas in coordination with specialized institutions in the environmental works.
e. To work on raising the environmental awareness in the field of natural resources in coordination with the specialized institutions.
f. To process the necessary surveys to specify the recovery needs.
g. Any other business assigned by the Minister.
Entitlements & Benefits of the Commissioner
24. The Commission entitlements and rights settlements will be according to what has been mentioned in his assignment decree that has been issued by the President of the Republic and according to the Minister’s recommendation.
Chapter Seven
Benefits
25. 1. The Federal Minister of Finance with a recommendation from the Minister could exempt the Registered Civil Society Organizations and the Voluntary Organizations from the following:
a. The Custom fees and other fees that should be paid for the products, equipment, machinery that they are exporting for this reason.
b. Taxes.
(2) The rules and regulations specify the exemption clauses mentioned in sub section a and b
(3) Any natural or legal person can be exempted from paying taxes.
Chapter Eight
Civil Society Accounts
26. Any civil society organizations shall keep proper books of account in which shall be entered full, true and complete accounts of the affairs and transactions of the organizations and
Annual Balance
27. Every civil society organization shall, once a year causes the accounts of the organization to be balanced and balance sheet to be prepared including. The balance sheet shall be audited by legal auditor by the end of every year according to rules and regulation of this act.
Auditing
28. The general auditor may upon request from the general registrar of humanitarian voluntary organization or company registrar make inspection for the accounts of any civil society organization or foreign voluntary organization or charity organization.
Current and Fixed assets of the organization
29. For the sake of implementing this law all the current and fixed assets of the civil society organizations and foreign voluntary organizations with be considered as public property according to the provisions of the Sudanese Penal Code 1991
Disposals of Assets and properties
30. No civil society organization is allowed to dispose of machines and instruments belonging to it by sale, grants or investment or in any other way during its work in Sudan in a way that contravenes the objective for which it was exported to the country
Chapter Nine
Violations
a) Any person who contravenes the provision of this act or any order or regulation made or permit granted there under
b) Any civil society organization or foreign organization registered according to the provision of this act and violated its basic statute and regulations or violated the provisions of this act or its regulation or the general polices.
Penalties
32. The general registrar of NGOs after making the necessary investigations in case of any violations to the provisions of this act or its regulations and after the approval of the minister may apply the following penalties
a. Give notice
b. Warnings
c. Suspension of the activities of the organization for any suitable period or periods
d. To dismissed and dissolve the executive committee and forming of committee for a period not exceeding one year
e. Cancellation of registration
f. To evacuate the foreign organization from Sudan
g. Confiscation of property and funds of the organization or charity organization after prove of the accusation by a authorized court
Penalties on Individuals
33. The commissioner after the approval of the minister may apply the following penalties against any one contravenes the provisions of this act or any order issued there under
a) To expel any foreigner working in foreign voluntary NGO.
b) To dismiss any member of nation local NGO or charity organization upon recommendation from the authorized agency.
c) To prevent any NGO member from practising activities or work for a period of one year or for any other periods he may consider suitable.
d) To refer the case to the authorized court in crimes concerning financial matters
e) To confiscate all properties and money illegally obtained by the member if he declared to be guilty by authorized court.
Prevention of practising activities aiming at discrimination
34. No civil society organizations or foreign organization registered according to this act is allowed to practise activities aiming at or advocating for discrimination among citizens based on #######, origin, colour, language, religion or any activity aiming at commercial profit
Secondment of Employees
35. Upon request from any NGO, Employees may be seconded from the ministry to work in the NGO to assist it’s to perform their work and their objective
Receiving funds and donations from abroad
36. No civil society organization registered according to this law is allowed to receive funds or donations from abroad or from a foreign person inside the country or any other institution before obtaining the approval of the Minster.
Changing of objectives
37. No civil society organization or foreign voluntary organization is allowed to change its objectives appeared at the time or registration or expanding it or to merge with other organization before obtaining the approval of the minister
Issued under my signature on the ninety six of Jmadii Elthani 1426 Higri year, on the year the 4th of August 2005
Leutenant General
Omer Hassan Ahmed Elbashir
President of the Republic
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| العنوان |
الكاتب |
Date |
| المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-23-05, 03:20 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-23-05, 03:30 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-24-05, 03:14 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | nada ali | 08-24-05, 03:38 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-24-05, 12:36 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | mohamed elshiekh | 08-24-05, 02:35 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-24-05, 02:35 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-24-05, 10:39 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | jini | 08-24-05, 11:43 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | mohamed elshiekh | 08-25-05, 01:29 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-26-05, 04:40 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-26-05, 06:52 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-26-05, 01:44 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-27-05, 05:21 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-27-05, 04:03 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Elawad Eltayeb | 08-28-05, 04:00 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Elawad Eltayeb | 08-28-05, 04:20 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-29-05, 03:49 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-29-05, 05:53 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Elawad Eltayeb | 08-29-05, 07:30 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-30-05, 03:18 AM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-30-05, 01:18 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 08-31-05, 12:13 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Khalid Kodi | 09-02-05, 05:05 PM |
| Re: المجتمع المدني في السودان؟. هل يوجد ........ ومنظماته؟. | Ahmad Sanad | 09-04-05, 05:19 AM |
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Khalid Kodi
فيس بوك
تويتر
انستقرام
يوتيوب
بنتيريست