GAINING ACCESS TO OPERATE (NGOs)

IN AFGHANISTAN,

Integrity Watch, as a Domestic NGO, works with the MINISTRY OF ECONOMY to gain access to operate in the provinces. If you are working in Afghanistan, you can try an approach similar to ours. If you are working outside Afghanistan, you will have to research the laws regarding non-governmental organizations in your country. Then, you will have to gain approval for licensing from the relevant ministries and government departments to conduct your work. It is better to have some prior coordination with government agencies, so that you have legal legitimacy to operate.

FIRST

We registered our organization with the Ministry of Economy, according to the 2005 Law on Non-Governmental Organizations. Though President Hamid Karzai signed this law in 2005, it has not yet been approved by the National Assembly. Most recently, in 2012, the proposed law underwent revisions by the Ministry of Justice, Ministry of Economy and civil society organizations. Even though this new law has not been approved by the National Assembly, the 2005 law is being followed. (See http://www.icnl.org/research/monitor/afghanistan.html for more information.)

Depending on your country’s law, the law may require NGOs to regularly report to a government agency. In Afghanistan, NGOs are required to SUBMIT BI-ANNUAL WORK REPORTS. So, every six months, the NGO submits a report for each project with information regarding their budget and activities.

There are other conditions and limitations for NGOs under Afghan Law. But, it is best to read the law yourself and if possible, have a lawyer clearly explain to you the provisions of the law. You may also need a lawyer to prepare the registration application for you to make sure you comply with all of the statutes. It is better to fully understand the law so that your organization does not end up committing violations unknowingly and have your license cancelled.

You can download the law in English here:
http://www.icnl.org/research/library/files/Afghanistan/law-2005.pdf

You can download the law in Dari here:
http://www.acci.org.af/laws/NGO%27s%20law.pdf

SECOND

For each province where you want to operate, you must SUBMIT A COPY OF YOUR NGO LICENSE with a letter of introduction from your organization to:
1 Provincial Department of Economy
—–The Department of Economy should then issue you a LETTER OF INTRODUCTION for:
2 Office of the Provincial Governor
3 All Sectoral Departments, e.g. Health, Rural Rehabilitation and Development
4 District Governors [only in the districts where you will operate]

THIRD

13-Min-Letter
You will also have to provide a copy of the BI-ANNUAL WORK REPORT to the provincial Department of Economy every six months. If you do not submit these reports, the Department of Economy may suspend your operations in the province.


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