ARCHBISHOP MIHAYO UNIVERSITY COLLEGE OF TABORAA CONSTITUENT COLLEGE OF ST AUGUSTINE UNIVERSITY OF TANZANIA ( SAUT)

FACULTY : BACHELOR OF LAW (LLB)

COURSE NAME : CIVIL SOCIETY, VLUNTARY, ORGANISATION & TRUST LAW

COURSE CODE : SLW 249

INSTRUCTOR : MR. PHILBERT, B.

ASSIGNMENT TYPE : INDIVIDUAL ASSIGNMENT

SUBMISSION DATE : 01ST MAY 2015

NAME.REGISTRATION No.SIGNATURE.

MNANGO ABUBAKAR A.AM/LLB2/13174

QUESTION:Civil Societies are considered to be a third sector in the society acting between the state and the private profit oriented sectors. The autonomous o this sector is questionable. Discuss.

INTRODUCTIONCIVIL SOCIETYThe part of society that consists of organizations and institutions that helps and looks after people, their health, and their rights. It does not include the government or the family[footnoteRef:1]. The concept originated around 2500 years ago in ancient Greece and Rome, how it developed in Europe during the Enlightenment, and how it's applied today across the globe.[footnoteRef:2] [1: http://www.macmillandictionary.com/dictionary/british/civil-society] [2: http://www.bbc.co.uk/worldservice/people/highlights/010705_civil.shtml]

Civil society can also be defined as the public realm of organized social activity located between state and private house hold. The central argument is that civil society household. The central argument is that civil society provides areas for people to engage themselves in activities they perceive as important. Perhaps the simplest way to see civil society is as a third sector, distinct from government and business. In this view, civil society refers essentially to the so-called intermediary institutions such as professional associations, religious groups, and labour unions, citizen advocacy organizations that give voice to various sector of society and enrich public participation in democracies.[footnoteRef:3] [3: http://maendeleoyajamii.blogspot.com/2009/02/civil-society-in-tanzania.html]

According to the World Bank the term civil society to refer to the wide array of non-governmental and not-for-profit organizations that have a presence in public life, expressing the interests and values of their members or others, based on ethical, cultural, political, scientific, religious or philanthropic considerations. Civil Society Organizations (CSOs) therefore refer to a wide of array of organizations: community groups, non-governmental organizations (NGOs), labour unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations.[footnoteRef:4] [4: The World Bank (August, 2010). Defining civil society. Retrieved from:http://go.worldbank.org/4CE7W046K0]

THE MAIN BODYThe independence of these sectors is not questionable due to the following; ORGANIZATION AND INSTITUTIONALIZATION OF THE CIVIL SOCIETIES.In Tanzanian, most NGOs are institutionalized in two senses; first, they are legally incorporated under different legislation; second, they have a well-defined internal structure, clearly stated objectives and they carry out activities within legal accepted limits. For legally incorporated NGOs, these aspects are imperative for their registration. There are a few organizations, which are not legally incorporated, and these too have some form of organizational structure, set of objectives, and carry out various activities. In some cases, both legally incorporated and un-incorporated organizations fail to carry out their activity because of lack of funds. This is compounded by the fact that they are heavily dependent on external financing. AUTONOMY OF ORGANIZATIONSIn principle and, to a large extent in practice, most Non-profit sector organizations are independent and autonomous. They do not receive government subventions although the government regulates their activities, through the legislation under which they are registered. However, the space of operation of NGOs and other organizations in the non-profit sector are affected by the government desire to control them. Although there is an increased freedom for the operation of these organizations the culture of authoritarianism where the government controls all activities of the society is trying to resurface now and then. Civic organizations have always been inclined to contest governments authoritarian tendencies. The Media and NGO Act are cases in point. SELF-GOVERNMENTMost of these organizations in Tanzania meet this criterion in that most are based on self-government principles and have internal management procedures. Accountability is to the membership, which is voluntary. The leadership is governed by various organs created by the articles of association or constitutions on whose basis the organization was registered. The only external element of control derives from their dependency on external source of financing as on average 42 % of their financial resource comes from outside the country. VOLUNTARY AND VOLUNTEERISMMost of these organizations are staffed by volunteers. Their boards are made up by people who carry out their duties and responsibilities on voluntary basis. Some do have paid staff, but even these are in most cases paid below their market values and membership is also voluntary. There are those that limit the number of members and others that allow unlimited membership. Members also make voluntary contributions for purposes of facilitating and supporting activities of the organization. This is done not because the law dictates it, but as a mutual and voluntary agreement made by members of the organization. Generally speaking, most non-profit sector organizations in Tanzania meet all the criteria mentioned above here after referred to as independent.[footnoteRef:5] [5: THE THIRD SECTOR IN TANZANIA, Aga Khan Development Network May 2007Htpp://www.akdn.org/civil_society.asp]

THE LEGAL CONTEXT OF THE NON-PROFIT SECTORSTanzania Mainland did not have a law specifically on NGOs. In 2002, the National Assembly passed the Non-Governmental Organizations Act.[footnoteRef:6] The enactment of the NGO Act was intended to establish one law for all non-governmental organizations in the country. [6: Act No.24 of 2002]

The Union Constitution and the Zanzibar Constitution, though in a limited way, guarantee the right of everyone to freedom of peaceful assembly and association without being compelled to do so, they do not carry explicit guarantees for non-profit organizations or specific types of non-profit organizations. It is implied however, that "activities of private societies and organizations" or "to form or join associations or organizations" mentioned in Article 30(2) (e) and 20[footnoteRef:7] and Article 24(2) and 20[footnoteRef:8], include non-profit organizations and other voluntary civic organizations and community based associations hence verifying the autonomous of these third sectors. [7: The Constitution of the United Republic of Tanzania, 1977] [8: The Constitution of Zanzibar, [R.E 2006]]

There is no law in Tanzania, which defines the term non-profit organization (NPO) as such. The only guidance there is therefore is section 2 of the Non-Governmental Organizations Act.[footnoteRef:9] Under the said section, a Non-Governmental Organisations also known in its acronym NGO, means: [9: Ibid note. 6]

A voluntary grouping of individuals or organization which is autonomous, non-partisan, non-profit making which is organized locally at the grassroots, national or international levels for the purpose of enhancing or promoting economic, environmental, social or cultural development or protecting environment, lobbying or advocating on issues of public interest of a group of individuals or organization, and includes a Non- Governmental Organization, established under the auspices of any religious organization or faith propagating Organization, trade union, sports club, political party, or community based organization; but does not include a trade union, a social club or a sports club, a political party, a religious organization or a community based organization.Therefore this implies that the autonomous of the third parties in Tanzania is in one way or another exists.However, of its independence the civil societies have on one way or another failed in some point to maintain its autonomous as follows; In Tanzania, societies are registered with the Registrar of Societies in the Ministry of Home Affairs according to a procedure provided for in the Societies Act[footnoteRef:10]. Sports Associations on the other hand are registered with the Registrar of Sports Associations in the Ministry of Education and Culture, by virtue of the National Sports Council Act. All societies, which fall within the broad definition of societies under the Societies Act, have to apply for registration to the Registrar of Societies upon fulfilling certain application procedures and conditions. Upon being registered a society is granted a Certificate of Registration. Otherwise according to section 2(1) of the Ordinance an unregistered society is an unlawful society.[footnoteRef:11] This implies that the said civil societies, their autonomous is doubtful on such a way that the process of them registering means that they are directly bound under the registration laws hence making their independence questionable. [10: Cap.337] [11: Ibid note. 5]

All in all the civil societies pays a great rule in the community as the went further to contribute for the development or our societies leaving the fact that they are facing a number of challenges namely limited funding and also competent managements hence extremely burden that they cannot face, hence their collapse in short period of time after their formed.BIBLIOGRAPHY:BOOKS:THE THIRD SECTOR IN TANZANIA, Aga Khan Development Network May 2007STATUTES:The Non-Governmental Organizations Act No.24 of 2002The Constitution of the United Republic of Tanzania, 1977The Constitution of Zanzibar, [R.E 2006]The Societies Act Cap.337INTERNET SOURCES:Htpp://www.akdn.org/civil_society.aspHttp://www.macmillandictionary.com/dictionary/british/civil-societyHttp://www.bbc.co.uk/worldservice/people/highlights/010705_civil.shtmlHttp://maendeleoyajamii.blogspot.com/2009/02/civil-society-in-tanzania.html