Nonprofit leaders kick at NGO Regulatory Agency Bill

Concerned about the restrictive nature of the NGO Regulatory Agency Bill, 123 nonprofit leaders on Tuesday 12 September struck back against the proposed Bill arguing that it is not ‘’fit for purpose’’ and should be ‘’killed”.

 

Through a declaration issued at the end of a one-day national dialogue to discuss the Bill and its implications for civic space in Nigeria, participants expressed their concern noting that the Bill if passed will make Nigeria backslide on its international commitments to standards, norms and principles on freedom of association and assembly.

 

“We are extremely concerned that there is a NGO Regulatory Agency Bill (HB58) seeking to regulate the nonprofit sector. Nigeria as a signatory to many international standards, norms and principles around freedom of association and assembly cannot be seen to be backsliding on its commitments to the rights of citizens and citizen organisations”.

 

Convened by the Nigeria Network of NGOs and InnerCity Mission for Children, the national dialogue called on the National Assembly to stop further consideration of the Bill. “We fully support the call by various civil society actors to stop the passage of Bill 585. We condemn the Bill in its entirety and call on the House Committee on Civil Society to uphold decisions of civil society organisations at the July 25, 2017 roundtable to ‘’kill the bill’’. We stand in solidarity with the 54 civil society actors and experts issuing a statement on Bill HB585 as reported by Premium Times on its website on September 7, 2017[1]

 

A copy of the Declaration issued at the end of the event can be downloaded here.

[1] http://www.premiumtimesng.com/news/headlines/242640-ngo-regulation-bill-threatens-nigerias-hard-won-democracy-academics-experts-others-warn.html

OVERVIEW OF THE STRENGTHENING STATUTORY REGULATION FOR CIVIL SOCIETY ORGANISATIONS IN NIGERIA PROJECT

Written by Adeola Odunsi, Project Officer, NNNGO Project Office

 

The Commonwealth Foundation project is intended to run for a duration of 3 years for the amendment of Part C of CAMA and this report is for the activities done for the first half of the first year, the project outcome is to ensure that there is an effective regulatory framework for civil society organisations in place resulting from multi-stakeholder wide consultations and also increase operational capacity of Nigerian NGOs to comply with regulatory framework.

 

The Commonwealth Foundation project kicked off with an online consultation which was done through telephone conversation with members of the network on 23rd January 2017 to 6th February 2017, the online consultation was conducted by staff of the Nigerian Network of NGOs (NNNGO). Over the course of two weeks during which the telephone calls were made, transcribed and analyzed, it became apparent that more work needed to be done regarding creating awareness about the existence of the law and what it dictates. The results from the phone survey indicated that a face-to-face/physical consultation was required.

 

The purpose of the online consultation was to capture the outcomes of key sector wide stakeholder consultation seeking input into the review of Part C of CAMA and this was done through the use of a questionnaire centered around the knowledge of Part C of the CAMA and adherence to the rules guiding the establishment, registration of NGOs on an annual basis and filing of annual returns. See the copy of the report.

 

Face-to-Face Southern Regional Consultation

The face-to-face regional consultation held in Lagos to provide a platform for NGOs to get a better understanding of the Part C of Companies and Allied Matters Act (CAMA).

The workshop was a half-day event; it was scheduled to begin at 8:00am and end at 2pm. The agenda comprise of:

 

  • A welcome address by the Executive Director of NNNGO,
  • The training organized by OXFAM(which was scheduled to run for two hours),
  • A 20minutes tea break,
  • The 30minutes presentation by NNNGO; an overview of Part C of CAMA,
  • The comments, contributions and overview of key issues session which was scheduled to run for 30 minutes,
  • The concluding note session by the Executive Director,
  • Lunch and interactive session with participants.

 

The workshop was themed, “Southern Regional Consultation on Part C of Companies and Allied Matters Act (CAMA). It was held at LCCI (Ground Floor) Alausa Ikeja, Lagos, Nigeria. This report summarizes the proceedings and outcomes of the face-to-face consultation and has been prepared by the Nigeria Network of NGOs for circulation to its members, key partners and stakeholders. Most of the organizations selected included newly registered ones as well as those that needed more information on the Part C of the Companies and Allied Matters Act. Of the hundred and twenty-four participants scheduled to attend the workshop, one hundred and one from eleven States were in attendance.

At the consultation, several issues were raised on some sections of the Part C of CAMA talking about:

 

  1. Gender sensitivity in Section 590(1)
  2. Fines should commensurate with punishment in Section 591(2)
  3. The word “infant “ replaced with the word “minor” and Soundness of mind should be determined by a reputable government hospital, not a law court in Section 592
  4. Reduction in the duration of waiting period for newspaper publications and possibly, a mention of specific newspapers to be used in Section 594
  5. Registration of Non-Profits at the CAC should be made simpler, easier and the time frame should be shortened in Section 595
  6. Inclusion of what kind of objections would be considered valid in Section 597(3)
  7. There should be a statement, which notes that cogent reasons have to be stated in cases where individuals are allowed access to their information at the CAC in Section 606.
  8. The law should be framed such that there is a unified date (instead of two different months), set aside for the filing of annual returns in Section 607.
  9. To ensure that regulations address the needs of the sector, the Minister must constantly consult with stakeholders before making regulations in Section 609.

 

Face-to-Face Northern Regional Consultation

The face-to-face regional consultation held in Abuja to provide a platform for NGOs to get a better understanding of the Companies and Allied Matters Act (CAMA) and get contributions of participants in order to come up with recommendations for a review of the CAMA to be presented to the National assembly.

The consultation was a half-day event which was scheduled to begin at 8:00am and end at 1:30pm. The agenda comprise of:

 

  • A welcome address to be delivered by the NNNGO Executive Director,
  • The 20minutes presentation by NNNGO; an overview of Part C of CAMA,
  • The comments, contributions and overview of key issues session which was scheduled to run for one hour,
  • A 20minutes tea break,
  • The training organized by Total Nigeria plc,
  • NGO management training presented by the Executive Director of NNNGO.
  • Lunch and interactive session with participants.

 

The workshop was themed, “Northern Regional Consultation on Part C of Companies and Allied Matters Act (CAMA). It was held at APIS Institute Multi-purpose hall, Basan Plaza759, Independence Avenue CBD Abuja Nigeria.

 

This report summarizes the proceedings and outcomes of the face-to-face consultation and has been prepared by the Nigeria Network of NGOs for circulation to its members, key partners and stakeholders. Of the hundred and four participants selected from fifteen (15) states, fifty-five (55) participants from thirteen (13) different states were recorded to have attended the consultation.

 

At the consultation, several issues were raised on some sections of the Part C of CAMA which was similar with the southern consultation.

Draft amendment has been done to the Part C of CAMA resulting from this consultation outcome which has been circulated with stakeholders. See the copy of the report.

 

The First engagement meeting with the Corporate Affairs Commission was centered on the face to face consultation outcome and recommendations for a review of the CAMA to be presented to the National assembly, the CAC also made us realize that they are working towards making registration and filing of annual returns easier and also make new members tell the CAC challenges they face in the process of registering.

 

Also the first policy brief with the title: “Improving the regulatory environment for nonprofits: Amending the Companies and Allied Matters Act” has been developed, published and circulated to donors, stakeholders, national assembly and regulators:

The policy brief indicated the results from the consultation and four recommendations were provided for regulators:

 

  1. Promote regulations amongst nonprofits to enhance technical and sector knowledge.
  2. Flexibility needs to be integrated into regulatory approaches.
  3. Improve and strengthen ease of registration for nonprofits.
  4. Encourage improved regulatory compliance on filing annual returns starting with
    “amnesty on penalties”.

 

The first CAMA Op Ed: “Legal Framework for Establishment of Not-for-Profit Organisations” has also been developed. The Op Ed provided a general overview on the legal framework for the establishment of corporate organisations in Nigeria. It highlights governance structures for corporate foundations, dissolution and corporate social responsibility reporting.

 

The CAMA analysis made suggestions and justifications for Sections 590, 597, 599, 604, 607 of the Part C of CAMA using the NGO Model Law as a reference for review and amendment of the Part C of CAMA (2004) by the Corporate Affairs Commission and National Assembly.

INSIGHT FROM CIVIL SOCIETY, SUGGESTED AMENDMENT TO THE PART C OF CAMA

INTRODUCTION

 

This document concentrates on the amendments our membership is suggesting to the Part C of the Companies and Allied Matters Act (CAMA). These suggestions are informed by the NNNGO’s specialist knowledge of the non-profit sector as well as by non-state actors who deliver development outcomes to communities throughout the Federation.

 

Evidence for this amendment is gathered from respondents to a national consultation within our membership, open for a period of one month during February 2017. The online (telephone) and face-to-face consultations with our members sought the opinions and experiences of non-profits regarding sections of the Part C of CAMA needing amendments. The amendments we have suggested in this document make reference to 777 comments generated by the consultation, made by 379 organisations from 34 States covering the 6 geo-political zones of the country 1.

 

Based on this evidence, the NNNGO has formulated the following amendments in relation to the Part C of CAMA.

1Insights from the civil society sector on the Part C of Companies and Allied Matters Act (CAMA) (2017), https://nnngo.org/portfolio/insights-from-the-civil-society-sector/

 

Commonwealth Foundation logo

 

This research work received funding from the Commonwealth Foundation for the project entitled “Strengthening statutory regulation for civil society organisations in Nigeria. The activity was carried out by the Nigeria Network of NGOs. This publication has been produced with the support of the Commonwealth Foundation. The contents of this publication are the sole responsibility of NNNGO and should in no way be taken to reflect the views of the Commonwealth Foundation.

Nigeria Presents National Voluntary Report at HLPF 2017

I wish to reaffirm that Nigeria has clearly defined her part on the 2030 agenda – Adefulire says as Nigeria presents at the United Nations

NEW YORK — Nigeria has made progress in integrating the SDGs into its national plans, participants at the United Nations High Level Political Forum on the SDGs were made to know by the Senior Special Adviser to the President on the SDGs- Princess Adejoke Orelope –Adefulire. She told delegates how Nigeria has “taken active steps to mainstream the 2030 agenda into its national, state and sectorial policy plan and budget”.  She noted that the country has also “commenced work on the need assessment, policy and scenario analysis, indicator capturing as well as tracking and reporting” of the SDGs.

 

The scene on the evening of Wednesday 18th July at the UN in New York was diplomatic and high level as Sweden, Nigeria and Panama (in that order) presented their voluntary national reports (NVR) to a room full of government delegations from all the UN member states, civil society and private sector.

 

In 2015, Nigeria joined other countries of the world to agree an agenda to sustainably develop and protect people and planet, it would take them fifteen years costing trillions within a stable economy. The recession witnessed by Nigeria as triggered by global oil crisis and terrorism has impacted “our collective aspiration to address the numerous challenges confronting the poor and vulnerable in our society. For us in Nigeria, the humanitarian crisis in the North –East and the persistent militancy in the Niger-Delta has further slowed us down in our drive to implement the SDGs in Nigeria’’ stated Adefulire in her NVR remarks to the UN. Despite these challenges, she is confident that “Nigeria has clearly defined her part on the 2030 agenda”.

 

Speaking directly from New York to the NNNGO news website, Oyebisi. B. Oluseyi, Executive Director, Nigeria Network of NGOs said that the High level political forum was established in 2013 to act as the recognized home for sustainable development governance within the United Nations system. It is the pre-eminent body in the international framework for sustainable development and will ultimately be responsible for the implementation and monitoring of the 2030 agenda on sustainable development goals.

 

“The Nigerian Government is to be commended for providing the space for civil society and the private sector to make input into the country’s voluntary report and to join the Senior Special Adviser to the President on the SDG’s in making presentations to the UN on the country’s SDG’s interventions” Oyebisi stated.

 

“Through the 100 pages report submitted by the Nigerian Government we have seen the strides made by the Buhari Administration, the challenges and gaps that needs to be addressed. Now is the time for civil society to get more organized in working with government to ensure the 2030 agenda becomes achievable and that the Civil Society Advisory Group on the SDGs is strengthened to provide the space for civil society’s engagement in the design and implementation of quality programmes and projects that can aid the delivery of sustainable development to all corners of the country without “leaving anyone behind”.

 

The High Level Political Forum on the SDGs was held from 10-19 July 2017.

End

Nigerians Speak Up on Internet Rights

“We want an internet where everyone can create jobs and expand employment opportunities.” This demand was among many messages shared on social media during the #WebWeWantNG campaign led by A4AI-Nigeria coalition members as championed by the Nigeria Network of NGOs​.

 

Held on June 14th, the campaign aimed to encourage citizens to contribute their input to the Nigerian Communications Commission’s stakeholder consultation on an Internet Industry Code of Practice.  

 

Catch up on the conversation and Nigerians’ vision for an open internet on #WebWeWantNG. You can also review the coalition’s submission to the NCC at http://bit.ly/2tFH1iF

NATIONAL RISK ASSESSMENT WITHIN THIRD SECTOR

Written by Chidinma Okpara: Project Officer, Regulatory Engagement, NNNGO

 

Risk assessment; a process of evaluating potential risks, is often tailored round a projected activity as a way to define an estimate of risk related to the known threat. Over the years, Nigeria, like many African countries, has become a significant center for financial crime. This is essentially due to lack of proper checks and balances within the socio-economic purview, weak laws, weaker implementations of the laws already on ground and general lack of attention being paid to the movement of money especially within the third sector; terrorist organizations and corrupt officials therefore take advantage of the situation to launder money through not-for profit organizations and for the most part, get away with it.

The requirement to perform a National Risk Assessment stemmed from the 40 Recommendations on International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation handed down by the Financial Action Task Force’s (FATF), issued in 2012 and subsequently revised in 2016. The FATF is an intergovernmental body established in 1989It is the global body that sets the standards for combating money laundering and terrorist financing as well as other related threats to the integrity of the international financial system.

 

The National Risk Assessment began in the wake of the revision of the FATF recommendations which was done in 2012, recommending that countries identify, assess and understand the level of risks their countries face in terms of money laundering and terrorist financing. It mandated the need for specific actions to be taken in order to assess and ultimately mitigate these risks in their locales. Before it was officially reviewed and amended in 2016, the FATF Recommendation characterized Non-Governmental Organizations (NGOs) as being particularly vulnerable to terrorists abuse and this impacted the operation of civil society organizations greatly as laws which restricted the free operations of NGOs were then implemented. The revision however helped in gauging the effectiveness of the stringent laws, bringing to light the areas where implementation could be enhanced to mitigate the high risk of terrorist abuse within the sector.

 

Since inception, assessments have been done via mutual evaluations that are conducted with the country and representatives of the FATF or regional standard setter. It is to ensure that measures which are intended to be put in place to combat and ultimately mitigate the of risks of money laundering and terrorist financing within a country, sector or an organization are proportionate with the level of risks identified; anywhere there is movement of money: Financially-Based Organizations (FBO) as well as Designated Non-Financial Institutions (DNFI) which received sponsorship from various sources; NPOs are a part of , there is a perceived threat and the aim is to prevent criminals from using the financial system to move ill-gotten funds.

 

The Nigerian Financial Intelligence Unit (NFIU) has established a unit responsible for conducting thematic strategic analysis with a view to identifying money laundering and terrorism financing trends and typologies prevalent in the country. In this capacity, the NFIU relies mainly on the intelligence generated by itself and has not systemically benefited from other information in particular cases investigated by law enforcement agencies which were not triggered by NFIU. To date the NFIU has published one typology report on terrorist financing.

 

Organizations would demonstrate that the issues which predispose them to risks or amplify their level of vulnerability are taken into consideration; adequate measures to strengthen their structures and mitigate these risks are thought through and implemented. It is important to note however that even in all of these, risk is a dynamic and amorphous concept as it is inherently difficult to describe or measure in quantifiable terms; areas which were not initially considered to be vulnerable could pop up as the weak link if the mitigated measures are not carried out to safeguard the organization or sector as a whole therefore a risk assessment will involve making judgments about these perceived issues to achieve it intended goal.

NNNGO ORGANISES CAPACITY-BUILDING WORKSHOP ON FINANCIAL MANAGEMENT

The Nigeria Network of NGOs (NNNGO), on Friday, 16th June 2017, organised a capacity-building workshop themed; Managing your Financial Resources for Easy Organizational Tracking, Regulatory Compliance and Donor Reporting.

 

Thirty-Two Heads of Nonprofit Organisations operational in Lagos state, convened at Our Lady of Apostle, St. Agnes, Maryland, Lagos to participate in the training which was targeted at equipping Nigerian Nonprofits with skills on how to manage their finances in line with global best practices.

 

The Executive Director, NNNGO, Mr Oyebisi B. Oluseyi in his opening remarks underscored the importance of having a foolproof finance system and urged participants to utilize the opportunity presented at the event to learn skills that will help boost their organizational structures. He added that the workshop was organised in line with the mandate of NNNGO which is to sensitize Nigerian Nonprofits on issues relating to financial crimes and how it currently affects the third sector in order to ensure that Nonprofits are not being used as conduits for money laundering and terrorism financing.

 

The Finance and Membership Officer, Mr. Timothy Odion who drove discussion during the workshop, pointed out that the finance and record-keeping system imbibed by NNNGO has been certified and proven ideal by International civil-based organizations. He, therefore, noted that it the system would serve as a model for tutoring participants at the workshop.

 

Mr. Odion said, “In order to engender an enviable organizational structure, nonprofits must understand the process of building and maintaining strong financial systems, organizing internal and external governance, as well as display competence in resource management and strategic planning”

 

The central point of focus at the training was the need to set up finance departments independent of all other departments within a Nonprofit organisation. The finance department within such organizations should be headed by a competent finance person who preferably has undergone trainings in areas related to bookkeeping, finance, and accounting or has adequate knowledge in the area and can prove it. This they noted, is key to the success of an organisation and elicits donor trust. It is also important to ensure that these systems are in place especially as donors and/or regulatory agencies require these qualifications to certify it transparent.

 

Some of the highlights at the workshop were sessions specifically targeted at Treating Budgets, Networking, Collaboration and Partnerships within the sector. Participants were taken through courses on how to draw up organisational as well as project budgets.

 

An organisational budget refers to a financial plan for a defined period for which all organisational expenditure and activities are included. This is separate from a project budget which is specifically set aside for the implementation of a particular course. It is imperative to keep these budgets separate in order to ensure transparency and accountability within the system.

 

The importance of documenting every activity carried out within an NGO was also emphasized at the workshop. Participants were urged to ensure that every activity is documented separately and regardless of the source of funding in an organization, the finance officer is charged with the duty of documenting all financial activities.

 

For organisations which are self-funded, it was noted that a separate account be opened in the name of the organisation, this is where money set aside for the operation of the organisation will be kept and disbursed. It was noted that organisations run into problems with regulatory agencies due to the inability to present proof of transparent dealings because appropriate records of accounts were not kept and so ensuring separate budgets and separate accounts are ways of mitigating these risks.

 

Mr. Odion and his team noted that, in doing all these, it will be easy to get the accounts of organisations audited which will help during application for grants from international donors.  Ultimately, strict adherence to rules presents an organization as focused, detail-oriented, accountable and transparent in its actions which better equips it for engagements with organizations of international standards.

Strengthening Civic Participation around the Globe: Methods of Effective Campaigning.

On May 9, 2017, the Civic Charter stakeholders’ workshop began in Kilimanjaro, Tanzania. The three-day workshop which was facilitated by Burkhard Gnärig of the International Civil Society Centre, Germany and Uyga Özesmi from Good4Trust.org in Turkey was aimed at developing a joint Civic Charter campaign to strengthen civic participation around the globe.

 

Organized as the starting point for a long term campaign for civic participation, the workshop brought together 25 campaigners from 13 countries that deliberated on issues relating to the shrinkage of civic space while exchanging information on how it is experienced at the local level in their different countries.

 

Participants at the workshop were introduced with particular emphasis on their work on civil rights and involvement with the Civic Charter while a brief history and glimpse ahead of the Civic Charter movement with view to further development was presented.

 

The workshop also featured a presentation by Uyga Özesmi of Good4Trust.org on the methods of effective campaigning which focused on developing action for tangible outcomes. Participants were thereafter divided into Country/National groups to design a national campaign by using the Civic Charter; problems as well as areas where concrete change can be made were identified and a power analysis of all national stakeholders with regards to the problem identified was undertaken in view of and identifying targets and developing a campaign.

 

During afternoon sessions, participants were involved in activities which highlighted the importance of using the Civic Charter as a basis for campaigns and making best use of the Civic Charter in civil activities.

 

Another highlight of the workshop was a meeting held by participants where they discussed what a “global” Civic Charter promotion campaign should look like, identified tactics that need to be further explored and precautionary measures to be adopted to ensure their own safety. It was agreed that:

  • The International Civil Society Centre (ICSC) will take forward the idea of a viral global campaign in conjunction with other digital ideas for promoting the Civic Charter internationally. The Centre will bring in activists from a range of countries to provide advice on the best approaches for reaching a global community.
  • The Centre will choose a date for a “Civic Charter Day” and communicate plans for that day to the community.

Some of the outcomes of the workshop include the acknowledgement of the capacity of the Civic Charter to be used as an empowerment tool to tackle local issues and as an advocacy instrument during engagements with local and National authorities

 

A recurring message at the workshop is the need to protect and expand the civil society as an important local, national, regional and global movement to combat corruption in all the countries of the world.  Development partners and the civil society organizations were also advised to resist the deliberate encroachment by various national governments on the civic space by the introduction of obnoxious bills which are meant to curtail CSOs freedom of expression, freedom of information, freedom of assembly & freedom of association.

SUSTAINABLE DEVELOPMENT IS NOT CHARITY

Students of the Centre for Sustainable Development, University of Ibadan and Civil Society Organizations were in attendance at the Nigeria Network of NGOs/Center for Sustainable Development seminar, themed Development in Practice: Advancing your career in sustainable development which was held on Friday, 26th May, 2016 at Bodija, Ibadan.

 

Guest speaker at the seminar, Ms. Crystal Chigbu noted that sustainable development is about giving everything of oneself to society as often as the society requires it. She debunked the notion that sustainable development is simply about charity, saying that there have been misconceptions about sustainable development such that many individuals erroneously think working towards the sustainable development goals simply involves charitable deeds or revenue-making for the purpose of funding NGOs. She noted the importance of disabusing this belief, claiming that it encompasses much more. According to her sustainable development is about innovation and transforming your society in your own way to make impact.

 

Ms.  Chigbu said impact can be effectively made when a practitioner finds a focus within the SDGs and diligently pursues it. She elaborates on this by stating the importance of adopting four sustainable keys for practice which she labelled, ‘the Irede Model’; Passion, Picture, Pursuing and Impact. The place of passion, she said, cannot be overemphasized as it is the driving force of one’s career and it is through passion that a picture can be effectively pursued to make impact.

 

She lauded the effectiveness of these keys and attributed the success of her practice to them while noting they help in building and advancing one’s career in development practice. She further added that to build a successful career in sustainable development practice, it is imperative that a practitioner finds a firm placing within the seventeen Sustainable Development Goals as there is the need for practitioners to familiarise themselves with the goals and join the work towards ensuring an orange (happy) world by 2030.

 

An interactive session followed where participants tabled problematic areas in development practice.

 

The seminar featured a panel session by volunteers of the Nigeria Network of NGOs who presented reports of their experience with the Network, answered questions pertaining to their areas of expertise and generally gave updates on the projects handled by the Network while they commended the Network for the opportunity it presented in the area of capacity building. The four outgone interns who now serve as volunteers for the Network also noted the importance of being well informed about the civil society sector and enjoined CSOs to take it upon themselves to find out as much as they can about the sector in order to better protect it against unfavourable laws and practices.

 

The seminar is the second in the series organized by a joint effort of the Nigeria Network of NGOs and the Center for Sustainable Development and focuses on enhancing human capacity development for achieving sustainable development.

The Nigeria Network of NGOs (NNNGO) is the first generic membership body for civil society organisations in Nigeria that facilitates effective advocacy on issues of poverty and other developmental issues. Established in 1992, NNNGO represents over 3495 organisations ranging from small groups working

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