This Article covers in brief the Legal Framework on establishment of the following in the republic of Rwanda;

  1) Non-governmental organizations.

      i} International Non-governmental organizations

     ii} National Non-governmental organizations in Rwanda

  i) International Non-Governmental Organization

Law Nº05/2012 OF 17/02/2012 governs the organization and functioning of International Non-Governmental Organizations.

 Article 2 defines an international non-governmental organization as one that was established in accordance with foreign laws and the objective of which is related to public interests.

Such an organization enjoys enjoy managerial, financial and administrative autonomy and engages in partnership for development with the government of Rwanda.

Registration

Application for a registration certificate is lodged to the authority in charge of international non-governmental organizations registration in accordance with the terms and conditions set by the authority.

LAW N°56/2016 OF 16/12/2016 establishes the Rwanda Governance Board as the body responsible for registering international non-governmental organizations and to monitor their operations. (Art 5(11)

Article 7, Law Nº05/2012 OF 17/02/2012 states the requirements for registration of an international non-governmental organization as listed below:

a) An authenticated copy of the statutes of the organization; b) An official document allowing the organization to operate in the country of origin and indicating its geographical establishment throughout the world if any;    c) The nature of the activities in which the organization intends to engage in and an action plan;  d) The budget and its source.

 An Order of the Minister in charge of international non-governmental organizations may determine additional requirements for registration of international non-governmental organizations

The salient features:  a) established in accordance with foreign laws b) Its objectives must be related to public interests    c) Registered with the Rwanda Governance Board

Registration of International NGOs is done at the Rwanda Directorate General of Immigration and Emigration

Registration links; https://ingo.migration.gov.rw/onlineservices/#

National Non-Governmental Organization

LAW N°04/2012 OF 17/02/2012 governs the Organization and the functioning of National Non-Governmental Organizations.

Article 1 lays emphasis that this particularly governs national nongovernmental organizations that promote public interest and shall not apply to any other associations that are not defined as national non-governmental organizations.

Article 3 states that National NGOs are categorized into three:  

1. Public interest organizations; organizations serving public interests and carry out activities in the development of various sectors including civil society, economy, social welfare, culture, science and human rights.
2. Common interest organizations; organizations which act in a specific domain in favour of their members.
3. Foundations; an organization whose purpose is either to establish a fund or to collect funds, manage and use them to provide beneficiaries with support.

Registration (Article 5)

1. Established by one or several persons if one of them resides in or has activities in Rwanda. It may be founded by at least three (3) persons.

2. May be founded by International NGO or by foreigners if at least one of them resides in Rwanda, or if one of such international organizations has a head office in Rwanda.

 3. Members shall be natural persons or nongovernmental organizations that founded it or that are admitted into the organization.

Article 16, Law N°04/2012 of 17/02/2012 establishing National NGOs states that Rwanda Governance Board shall be the authority in charge of registering, granting legal personality and monitoring of the functioning of national non-governmental organizations.

Registration link;   https://www.rgb.rw/index.php?id=227

 LAW N°56/2016 OF 16/12/2016 establishing the Rwanda Governance Board and Determining its mission, organization and functioning, Article 5 gives Rwanda Governance Board the function to register, grant legal personality to local nongovernmental organizations and to monitor whether their operations comply with the law.

The salient features: 

1. Article 4, Law establishing National NGOs states that it may conduct commercial activities only when it is authorized to do so and the profit from such activities is to be used in activities related to its objectives.

While doing so it shall abide by laws governing registration and functioning of the commercial activities carried out by companies or cooperative societies.

• Under Article 11, the government and the National NGO can form a partnership for development.
• Article 12, provides that the Government shall include in its national budget funds meant for supporting national NGO
• Under Article 28, National NGOs shall have the rights to enter into agreements with other organizations and entities, and to enjoy tax exemption in accordance with relevant laws.

Commentary; A National NGO has various advantages as stated in the above provisions. However, an important point to note is that under the Law, the Membership of a national non-governmental organization is natural persons or nongovernmental organizations that founded it or that are admitted into the organization.