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Request: NGO in DRC #292

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jahnvidave opened this Issue Nov 7, 2018 · 2 comments

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jahnvidave commented Nov 7, 2018

Request

What type of organization do you want identifiers for?
NGO

In which countries are the organizations you want identifiers for based?:
Democratic Republic of Congo

Do you have examples of organizations you need identifiers for?
Living Peace Institute (LPI)
LPI is registered as an NGO in DRC, under number JUST/SG/20/563/2016 with the Ministry of Justice in DRC.

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jahnvidave commented Nov 22, 2018

Hi, Any updates on this one?
I have also emailed the registration certificate to 'contact@org-id.guide' (emailed on 8/11/18).
Many thanks, Jahnvi

@kd-ods kd-ods self-assigned this Nov 26, 2018

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kd-ods commented Dec 21, 2018

A contact in DRC informed us that NGO registration in DRC involves:

  1. The NGO first registering itself at commune level (where its central office is located.)

  2. Then it goes to register at the level of the sectoral ministry

  3. The NGO goes to the Ministry of Justice to obtain the legal personality by decree of the Minister but as the procedure is long, it begins by giving an acknowledgment of receipt ('Accusé de Réception') called "F.92". It should be noted that benefits granted by the Ministry of Planning are obtained only on the basis of the decree.

  4. After obtaining all these documents, the NGO goes to the Ministry of Planning to be registered in the general file of recognized NGOs at the Ministry level. After obtaining the registration certificate, the NGO submits an application for the Interministerial Plan-Finances decree granting administrative, fiscal and customs exemptions. In case the NGO is under international law, it is obliged to conclude a framework agreement with the Government of the Republic through the Ministry of Planning.

More information on Step 3 using the Living Peace Institute example 'No. JUST / SG / 20/3416/2014' :

No. JUST / SG / 20/3416/2014 shows that this document is signed by a director of the administration of justice. This is only a step in the process of registration of the organisation with the Ministry of Justice. The final registration is the decree granting the legal personality which is signed by the Minister of Justice and it is the document that you must in principle take into account and not the acknowledgment of receipt document. Here is the format of the final document: MINISTERIAL ORDER N ° 44 / CAB / MIN / J / 2009 OF MAY 22, 2009 GRANTING LEGAL PERSONALITY TO THE NON-PROFIT ASSOCIATION NAMED

So looking back at the original certificate for this issue, the Living Peace Institute began the process of registration with the DRC Ministry of Justice in 2016. Their certificate is the acknowledgement of receipt of their application. 'JUST / SG / 20/3416/2014' may simply refer to a director of the Justice administration, and 'F.92/26453' refers to this acknowledgement of receipt.

In conclusion, the certificate shows that the organisation has started the process of applying for legal personality, but that process may still be ongoing.

At the time of researching this issue there was no central registry of legally registered or recognised NGOs in DRC and therefore no candidate list to add to Org-ID.guide. (This issue links to issue 17607 in the contact@org-id.guide CRM.)

@kd-ods kd-ods closed this Dec 21, 2018

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