Enabling Environment for Civil Society in CDD Projects

Transcription

1 Strengthening Operational Skills in Community Driven Development April 15-19, 2002 Washington, D.C. Enabling Environment for Civil Society in CDD Projects Jeff Thindwa Civil Society Specialist Social Development

2 Civil society contributions to developments Building a social consensus for economic reforms and encouraging multi-stakeholder collaboration. Promoting institutional transparency and accountability and broadening the base of policy decision-making involving good governance and public participation. Promoting and protecting human rights, and influencing the quality and distribution of economic growth. Promoting and facilitation social mobilization and participation of the poor in development processes Delivering social and economic services at lower cost and higher standards of quality. Improving natural resource management/environmental protection through collective action at the local level, etc.

3 What is an Enabling Environment? An enabling environment is a set of interrelated conditions such as legal, bureaucratic, fiscal, informational, political, and cultural that impact on the capacity of CSOs and other development actors to engage in development processes in a sustained and effective manner.

4 Enabling Environment for Civic Engagement A Multidimensional Development Strategy

5 Why is an Enabling Environment Important for CDD? Community groups often work in partnership with elected local governments, the private sector, NGOs, and central government agencies to obtain social and infrastructure services, to organize economic activity and resource management, to empower poor people, improve governance, and enhance security of the poorest [To build on those partnerships, CDD projects need] Policy and institutional reforms oriented toward increased control of decisions and resources by community groups and/or elected local governments. Source: CDD website

6 Why Are Favorable Legal Frameworks For Civil Society Involvement in CDD Important? Legal certainty regarding identity of community can enhance the exercise of their rights. Legal provision can enable NGOs/CSOs to enter into contracts, take legal action, open bank accounts, own assets-and need security Legal requirements may increase transparency and accountability of NGOs/CBOS. Legal requirements can help ensure equitable representation of disadvantaged groups. Legal regulations can also have disadvantages and risks for community groups.

7 Enabling Legal Environments for Civic Engagement Project Product: Beneficiary: Focus: WB Role: Learning Pillar Website Civil Society Assessment of needs of stakeholders Facilitator Operational Pillar Analytical Tools For use by WB in its relation with client countries Social Accountability, CDD, poverty reduction Honest Broker

8 Identifying Course of Action Institutional Framework Legal Framework Convention/Custom Laws/Regulations: AIRN-check Self-regulation In place Lacking Enforced Non-enforced Good regulation Bad regulation

9 Analyzing Legal Frameworks Through ARIN Constitutional Rights & Guarantees Laws on Foundations A ssociation Resource Mobilization Basic Human Rights Registration NGO Laws Other Laws Fiscal/Tax Law I nformation and Media Law Laws Concerning Humanitarian Assistance Laws Concerning Fundraising Laws on Legacies/Donations Procurement Legislation N Communication egotiation Legal Provisions for Freedom of Information Laws on Citizen Participation

10 Examples from ARIN Checklist Creation and Registration of CSOs and CSO Umbrella Organizations (UO) Public-Private Partnerships (applicable to CSOs) Prohibitive Provisions of CSO Activities (Conflicts of Interest, Sources of Income, Distribution of Profits) Foreign Funding Community Procurement Financial Activities of Cooperatives Legal Provisions on Decentralization Affecting the Participation of Civil Society

11 Assessing the Legal Framework for Civil Society in CDD Operations Use Course of Action Tool Application of the ARIN Framework (See Checklist for CDD and Social Accountability) Search for legal experts, best practices, country documentations, etc. in the Legal Frameworks for Civic Engagement webpage Consult with SDV Enabling Legal Frameworks Project staff and with Legal Department Consider use of partnerships with national or international experts