IV. SO WHAT IS NEW IN THE NEW POLICY?

4.1 The Definition of NGOs

Despite these evident continuities, the final draft of the proposed National Policy on NGOs departs from the system created by the Societies Ordinance in a number of significant respects. For one, the definition of societies under the Ordinance was sufficiently broad to include political parties and to permit political activities, however limited these rights were.¹ However, the final draft defines an NGO more narrowly as "... a voluntary grouping of individuals or organisations which is autonomous, non-political ... organized ... for the purpose of enhancing the legitimate economic, social and/or cultural development or lobbying or advocating on issues of public interest or interest of a group of individuals or organisations" (emphasis supplied).²

The key feature of this definition is that, in the document's own words, it "excludes Trade Unions, political parties or religious/faith organisations".³ This point is also emphasized by the consultants whose report appears to have been instrumental in drafting the proposed policy document (see Millinga and Sangale, 7). Only organisations that fit within this definition shall be eligible for registration, while those already registered shall be obliged to conform to this requirement before they are granted a certificate of compliance.⁴

1. Precluded from the term "society" under section 2(1) of the Ordinance were for-profit companies, trade unions, cooperative societies or any society declared by the President not to be a society. Otherwise, any club, company, partnership or association of ten or more persons whatever its nature or objects qualified to be a society. Indeed even the political party TANU which led Tanganyika to independence and other political parties of that period were registered as "societies".
2. Ibid., 9, para. 5.0(viii).
3. Loc., cit.
4. It is perhaps symptomatic of Tanzania's present political regime that this definition was justified through reference to the usage of the World Bank, an institution not known for its practical or theoretical grasp of the workings of democracy. The record of the proceedings of the Third National Consultative Workshop on National Policy on NGOs shows that one participant questioned the exclusion of faith groups from the definition of NGOs. The reply to this was that "… during previous national and zonal workshops it was agreed that NGOs definition should exclude trade unions, political parties and … faith groups. The Chairperson further explained that the same approach is uses (sic!) by the World Bank" (Millinga and Sangale, ibid., 8).