OPINION: The Public Benefits Organization Bill aims to streamline the NGO Sector

There have been many things said about NGOs and a lot of what has made it to the public space has been hostility. Perceptions about the sector include the fact that NGOs answer to foreign donors and thus have no local interests, that the sector is full of fraudsters, that it is a get-rich-quickly personal poverty eradication programme etc. 

Kawive Wambua stresses a point at a media briefing

The sector workers and operatives have not helped matters – what with the wrangling, the presence of several NGO Councils, the prevalence of people who form organisation and get money from donors and then don’t do what they propose to do. The sector has had a bad name. The multiple registration regimes for civil society groups was big blessing since the KANU era stifled the operating environment and curtailed the operation of these organisations. 

It is still a blessing to the whole question of voluntary organising and the freedom of association. But what this has led to is an inability to regulate the sector on a uniform set of mutually agreed rules.  The fact that there has not been an enabling legislation setting out a system of norms and practice has indeed been the problem.

This must be changed, this must be corrected and a new operating environment – that clarifies issues for both the sector workers and the general public. The Cabinet of the Republic of Kenya realised this and developed a Cabinet paper in 2006 and later a Cabinet Memo in 2008 requiring that a new framework for regulation of the NGO sector be developed. It is our opinion that a change in how the sector is managed can only be realised if and when the proposed public benefits organisation (PBO) Bill 2012 is enacted.  

The Bill was developed by civil society organisations in Kenya led by the CSO Reference Group, an umbrella body of civil society organisations formed in 2009 to support CSOs in Kenya review the NGO Coordination Act no 19 of 1990. 

 It was published in the Kenya Gazette Vol. CXIV – No.35 on 4^th May 2012 as a private members Bill with the support of Hon. Sophia Abdi Noor, Chairman, Parliamentary Committee on Labour and Social Welfare. The Public Benefit Organizations (PBO) Bill 2012 seeks to achieve a new legal, regulatory and institutional framework for civil society organisations (CSOs) doing public benefit work in Kenya.

The process for the development of the bill has been the most participatory as compared to any other bill. There has been systematic consultation with sector players in thematic groups and in regional blocks. The government department responsible for the sector – the NGO Board- has contributed immensely to the process and there have been wide consultations with leaders both in and out of parliament – including structured dialogue with the relevant government departments and the Parliamentary Committee on Labour and Social Welfare

CSO Reference Group Members EzraMbogori and Faith Kisinga

The first thing the Bill does is to define what a Public Benefit Organization (PBO) is. This is because organisations need to know that they exist not because of the founders or workers, but because of Kenyans. In the Bill, a PBO is defined as “a voluntary grouping of individuals or organizations that is organized and operated locally, nationally or internationally, to support or promote public benefit”.

The Public Benefit Organisations (PBO) Bill 2012 if enacted into law will lead to a strong Public Benefit Organisations sector promoting social welfare and improving the conditions and quality of life for the people of Kenya.

It will also be easy to create greater coherence coordination with the Government, private sector and development partners, enforce high standards of governance, transparency and accountability by organizations – including the provision that members of governing body of an organization respect gender parity, do not come from same family, are persons of high integrity and with a clean public record.

Most important is that the PBO Bill 2012 proposes mechanisms of compliance with the Constitution of Kenya as enacted in 2010.

The Bill sets out clear mechanisms to be used for an organization to gain the status of a PBO. These include democratization of the governance framework in the organization. If enacted, the Bill will ensure that My-Own-NGOs (MONGOs) are eliminated and instead we will have functionally useful institutions that serve the greater public good.

Enacting the bill will enable the government to have a uniform system of norms by which to hold the sector accountable. The sector will also be able to get benefits in a systematic way from the state. Tax exemptions and funding for CSOs are some of the proposed benefits when an organization complies with the PBO status as outlined in the Bill. We foresee that the problem easily associated with “a foreign agenda” will be eliminated.

The Bill has gone through the first and second reading and is awaiting the Committee stage before it is enacted into law. At this time, all citizens, citizen groups and other interested parties are free to contribute inputs, critique and make suggestions on how to make the PBO Bill better. Petitions and comments can be sent to the Parliamentary Committee or forwarded through the CSO reference Group. Let us all participate!

Kawive Wambua

Executive Secretary, CRECO

                  &

Co-Chair CSO Reference Group

Civil Society Groups lobby MPs to pass Public Benefit Organisations (PBO) Bill

Key Civil Society Groups are appealing to Members of Parliament to pass the Public Benefit Organizations (PBO) Bill which is expected to streamline the civil society sector in Kenya.

The PBO Bill, 2012, if enacted into law, will lead to a new enabling legal, regulatory and institutional framework for Civil Society Organizations (CSOs) doing public benefit work in Kenya.

The Bill was submitted as private members Bill with the support of the parliamentary committee on Labor and Social Welfare and was published was on 27^th April, 2012. It went through the 1^st reading in parliament on 27^th June 2012. 

“A new enabling legal environment is essential in ensuring good governance by the CSOs, protecting legitimate civil society activities and will provide a pertinent framework for the engagement of CSOs in the implementation of the new constitution,” says Wambua Kawive, Executive Secretary- CRECO and Co-Chair, CSO Reference Group.

Parliament is due to resume sitting next week and the PBO Bill 2012 is among the Bills expected to be tabled on the floor of the House.

The CSO Reference Group which has been providing leadership in putting together and lobbying for the passage of the Public Benefits Organisations (PBO) Bill, has mobilized, informed and consulted with other stakeholders on the development of the Bill. A successful stakeholders Retreat to discuss the PBO bill was hosted by the Parliamentary Committee on Labour and Social Welfare in August 2012.

In a statement, Wambua Kawive, CSO Reference Group Co Chair says “We invite stakeholders to continue giving input and memorandum for amendments to the Parliamentary Committee on Labour and Social Welfare to improve the PBO Bill before its final discussion in parliament.”

National Peace Conference Begins In Nairobi

A two day National Peace Conference on Elections begins today August 27, 2012 at the Bomas of Kenya in Nairobi.  hundreds of delegates drawn from all the 47 Counties streamed into Nairobi yesterday ahead of the event which will this morning be opened by President Mwai Kibaki.

The event seeks to focus public attention on the need to realize a free, fair and peaceful elections due next year on March 4, if the endless court litigation over the date do not torpedo the process.

Pictorials on showing delegates registering for the even on August 27, 2012:

                                                 

 (Left) Delegates from Nyanza Region register for the conference

 (Right) The Registration Desks for Media, Security and invited guests.

These delegates exchange notes at the registration desk yesterday.Two delegates from Busia County in Western Region who were traveling to the conference perished in a early morning accident on August 27, 2012 at Kimende near Naivasha.

Report of the accident and death brought a sombre mood at the conference. 

"Pwani" Delegates register. They were keen to participate in the conference despite Mombasa Republican's (MRC) call for all residents of the Coast to ignore or boycott anything being by the Kenya government. 

                                                                                                     

Delegates from South Rift call their families back home to assure them they are safe after after reports came that some delegates -from Busia died in an early morning accident near Naivasha.

 

There was little activity at this desk but the delegates later arrived and were registered.

From far and wide, all corners of the country. The delegates from the northern part, stretching to Kenya's border with Ethiopia also arrived to be at the conference.

The delegates from the Ukamabani Region line up for the registration

Delegates wait under the tree, exchanging ideas as they waited for further information.

A section of Migori County delegates rest in a tent at Bomas after registering.

Kenya Gears for National Peace Conference on Elections

In an effort to mitigate the effects of the 2007/8 Post Election Violence that left more than 1000 people dead, more than 500,000 displaced and property worth millions of shillings destroyed, the Kenya government through the Ministry of Justice has since the beginning of this year rolled out an initiate to promote peaceful elections.

The initiative is being spearheaded by the Ministry of Justice and Constitutional Affairs in partnership with other players. So far, peace forums have been organized in all the 47 counties of the country. The county peace forum were held on August 13-14, 2012 across the country. hundreds of delegated from the countries are expected to converge in Nairobi from August 26-28, 2012 for a national conference on peaceful elections.

A Section of participants during the Migori County Forum

Before the county forums, the Ministry of Justice and its partners in the process had met other stakeholders including the private sector, the media, political parties and members of parliament, among others,  to secure their buy in and support for a peaceful elections.

The government move comes against a backdrop of many other peace and conflict mitigation initiatives that have been going on since the post election period led by different stakeholders, largely within the civil society.

The country has however continued to experience challenges despite all the peace efforts. Political and ethnic rivalry ahead of the elections, lack of sufficient good will within government to address concerns raised around the post election period and in the Peace Accord that ended the violence. the envisaged reforms have not been conclusively addressed, which include constitutional and institutional reforms, historical injusticesm resettlement of Internally Displaced Persons among others.

A new constitution was voted for at a referendum and promulgated on August 2010 but resistance to its implementation is evident in a number of key government structures within the political class. Parliament and the cabinet have variously either allowed weak and faulty Bills to pass into la or changed progressive parts to pass non effective laws.

A section of delegates at the Migori Forum during group work

The cherished Devolution framework is being actively fought within the government with a cadre of those keen on retaining a centralized control systematically working to weaken the devolved government structure.

As a build up to the national peace process, each county has passed declarations of intention and commitment to promote peaceful elections and national cohesion.

Migori County passed one such declaration which we publish here under: 


                          Migori County Forum on Peaceful Elections

August 13-14, 2012

County Forum Resolutions

We, the delegates and leaders drawn from diverse sectors and all the constituencies of Migori County on behalf of all the residents of Migori County, having deliberated on the need for peaceful elections for two days from August 13-14, 2012, commit ourselves to:

·        Promote and foster a culture of peace before, during and after the elections

·        Recognize and celebrate the diversity in the county through the recognition of all the existing ethnic, racial and  other groups living in Migori County and promote a culture of tolerance 

·        Use dialogue and consultations to resolve any issues that may cause conflict among the people/residents of Migori County along ethnic, religious, colour, race, sex or on any other ground  

·        Resist attempts by individuals, groups or other divisive forces that may want to cause conflict based on  ethnicity, gender, religion, race, clan or any other ground before, during and after the forthcoming elections;

·        Mobilize and encourage all residents of Migori County to register as voters and to turn out to vote in large numbers in the forth coming general elections;

·        Mobilize resources and seek collaborations and partnerships with local, national and international organizations to conduct intensive  general civic education and more specifically, voter education to enhance citizens effective participation in public affairs and in the choice of their leaders  

·        Create Constituency peace Structures/Committees to deepen dialogue ahead of the forthcoming general elections as part of the dissemination of the outcomes of the County Forum on peace.

·         Establish Alternative Dispute Resolution (ADR) mechanisms both at the County level and at the constituencies whose mandate should be to prevent and rapidly respond to any cases of emerging conflicts

·        Establish a Migori County “Council of Elders” as part of the conflict resolution mechanism and peace building.

·        Promote gender mainstreaming in all our public engagements and institutions and in the elective positions to progressively attain gender parity before, during and after the general elections as part of measures to build a cohesive, peaceful and prosperous county.

·        Work with the government and other players towards resolving the outstanding issues on the Internally Displaced Persons (IDPs) and the returnees, including issues of compensation and resettlement before the General Elections. 

·        Promote inclusiveness through meaningful participation and involvement of the youth,   persons with disabilities, ethnic and other minorities within the county.

Students from a secondary school in Migori perform a skit on peace during the forum