The State acts through its branches, following several mobilizations, however, some sectors are less privileged than others, a category of population gathers to join their efforts and bring a valuable help to the State. Their grouping takes the form of NGO, or Non-Governmental Organization, …
A specific point differentiates it from other state organizations; it is through its goal that this first one is illustrated. It is animated by a non profit goal. It works in the public interest, that is, the interest of the population.
The Malagasy legislation, refers to an NGO in the definition of “Grouping of physical or moral persons autonomous, private, structured, legally declared and approved, with nonlucrative goal, with humanitarian vocation exercising in a professional way its activities in the form of permanent service provision”, according to the Law 96.030 of August 14, 1997, in its article 2.
By its attributions, an NGO institutes principles, according to their raison d’être, notably :
- Principle of volunteerism,
- Non-discrimination, whether it be in matters of race, religion or political affiliation.
In relation to its qualification, we can call to have two types of NGOs, namely:
- A local NGO
- A foreign NGO
A foreign NGO:
An NGO is said to be foreign when it is run by foreign directors or when a quarter of its members are of foreign nationality. This condition is sine qua non, whether it is based in Madagascar or abroad.
In order to create a foreign NGO or ENGO, a Headquarters Agreement as well as an authorization must be requested from the Administration in charge of this structure. C’est une obligation like any other, in the matter of ENGOs.
The Headquarters Agreement constitutes the legal framework linking the Republic of Madagascar with the Foreign Non-Governmental Organization (ENGO) wishing to operate in the country for non-profit purposes, under a partnership emphasizing the elimination of poverty and with the aim of an integrated and sustainable development. This agreement determines the obligations and rights of the ENGO.
L’ONG Locale :
Contrary to the ENGO, the local NGO is an NGO located in the various localities of Madagascar, it finds its asset in the simplicity of the procedure of its creation. Indeed, no authorization is required for its constitution. If you want to create one, you just have to provide all the necessary files and wait for the return of the registered files.
It is also important to know that the création of an NGO is dependent on certain obligations such as :
- Annual moral and financial report addressed to the Departmental or Regional Bipartite Committee, to the State Representative to the Department or Region and to the Ministry in charge of relations with NGOs.
- Establish a detailed plan of operations for the next fiscal year at the end of each fiscal year. A copy of this plan is sent to the same authorities
Employees are entitled to certain attributes, which the employing NGO is obliged to provide.
The purpose of an NGO can be transcribed in different ways, namely
- the will of at least three-quarters of its Members
- a statutory provision
- an administrative or judicial decision
You want to create a Madagascar structure? Do not hesitate to call upon MDG Services.