ICNL Global Forum on Civil Society Law
 |
| Cover of 2004 NGO Sustainability Index |
Drew Luten, USAID’s Acting Assistant Administrator for Europe and Eurasia, and Dr. Kumi Naidoo, Secretary General of Civicus, the World Alliance for Civic Participation, were keynote speakers at the opening session of the International Center for Not-for-Profit Law’s first-ever Global Forum on Civil Society Law. The Forum, which was held November 17 - 19, 2005 in Istanbul, Turkey drew together 150 leading experts on NGO law, including lawyers, civil society experts, academics, and government officials from over 60 countries.
[ Drew Luten’s remarks ]
The conference included sessions under five thematic tracks including,
- Reform and Advocacy (which discussed tools to assess NGO law reform, how to build coalitions and garner political will for reform, as well as techniques for monitoring implementation of new legislation)
- Contemporary Issues and CSO Law (including counter-terrorism and civil society law, sequencing of NGO law reform in post-conflict states, and human rights defense legal strategies)
- CSO Sustainability (including innovative legal approaches to promote philanthropy, government funding, social enterprise and economic activities)
- CSO Accountability, Transparency, and Regulation (including internal governance and legitimacy, codes of conduct and self-regulation, and accountability in politically hostile environments)
- CSO-Government Relations (including compacts and other strategies to promote CSO/government relations, and new models for cooperation on social service delivery)
The Forum marked the culmination of a decade-long partnership between USAID and ICNL to improve the legal framework for NGOs in Europe and Eurasia. ICNL’s local partners from the E&E region were well represented at the conference, and shared many of their experiences and cutting-edge lessons learned with others from around the world. From its start in Central and Eastern Europe, ICNL has provided technical assistance to over 90 countries world-wide.
For more information about the conference, go to http://www.icnl.org/globalforum.
For more information about NGO law in the countries of Europe & Eurasia, visit the USAID NGO Sustainability Index.
International Center for Not-for-Profit Law (ICNL) Global Forum on Civil Society Law
Opening Remarks by Drew Luten, Acting Assistant Administrator, USAID Bureau for Europe & Eurasia
November 17, 2005
Thank you Doug, thank you Professor Erguder, for your warm welcoming remarks. It occurred to me that it is very fitting for a global event such as this one, a conference that will share ideas, successes and challenges from around the world, to be held in Istanbul, a city that has been a center and crossroads of commerce and culture for centuries. It is also fitting to be holding this conference on civil society law here, noting the Government of Turkey’s recent progressive changes to its law on associations.
I am very pleased to help kick-off this event, which marks the culmination of over 10 years of fruitful partnership between USAID and the International Center for Not-for-Profit Law, and the first-ever global meeting of its kind on the topic of Civil Society Law. I bring you the greetings of the Administrator Andrew Natsios of USAID, who is a very strong supporter of our democracy programs and who himself comes out of experience in both civil society and government in the United States, as well as greetings from the many USAID and US civil society colleagues that many of you have worked with over the years who are not here today.
I thought would offer comments in two areas:
- United States support for democracy and civil society, especially in Europe and Eurasia
- Our partnership with ICNL
1. US experience in and commitment to democracy
Supporting democracy and good governance are priorities of the United States and have been key elements of USAID assistance programs since the 1980’s.
Experience has shown that successful and sustainable democracies have several key building blocks. These include:
- consensus, i.e. an understanding within a society on the roles and responsibilities of government and the relationship between governments and citizens
- rule of law and respect for human rights,
- accountable and effective institutions,
- a free and fair political process,
- and citizen participation and voice.
These elements are mutually supportive and reinforcing. For this reason, USAID programs have sought to assist countries to develop and strengthen institutions, systems and practices in all of these areas. All are important, yet it is vital to remember that the fifth building block – citizen participation and voice – is essential because it provides ideas, information, and energy to the other building blocks of democracy and good governance. Without citizen participation and voice, the rule of law, accountable institutions and transparent political processes are incapable of developing fully or operating effectively.
2. Democracy and Civil Society
For this reason, civil society support has been a high priority for USAID. Looking specifically at Europe and Eurasia, since 2000 alone, USAID has spent over $1.5 billion dollars on democracy and governance assistance to Europe and Eurasia. Well over half of this went to support for and through civil society. Civil society historically has received the largest percentage of democracy assistance in the countries of Eastern Europe.
We have learned quite a lot during the past 15 years through our support to the countries of Europe and Eurasia. We have seen great successes of the power of civil society and civic movements that have contributed to national level changes as well as improved interactions between local governments and citizens. We have also faced challenges, including government crackdowns on NGOs, crackdowns that ironically rely on recently enacted or revised civil society legislation by governments that appear to fear, rather than embrace, citizen voice and participation.
When we think of these challenges and successes, we do not associate them with civil society law. However, sound legislation is actually a foundation that is necessary for people to sustain changes and reform in their societies. A favorable legal environment is critical to enable citizens to associate, to express their voice in decision-making and to organize to address a variety of social, economic and political issues.
We are proud of our decade-long partnership with ICNL in helping to create a sound legal environment to encourage civil society to flourish. USAID is now expanding this partnership to other regions of the world, and a key purpose of this conference is to share lessons learned across the globe.
When we look back to 1989 and the beginning of our work in Central and Eastern Europe, civil society faced tremendous challenges. During over 40 years of communism, independent NGOs fought for their existence, and meaningful association was nearly impossible. The fledgling NGO sectors in each country were hampered by the lack of an enabling framework and had to operate in legal environments burdened by communist-era restrictions.
Now, only 15 years later, the picture is stunningly different. There has been tremendous progress in the Central/Eastern European region, and many of these countries have joined the European Union. Thanks to local partners – many of whom are gathered here—and the support of ICNL, the countries of these new EU member states can boast of having some of the most progressive NGO laws not just in the region, but also in the world.
These laws have helped support the tremendous growth of civil society, both in numbers of NGOs and in the scope and impact of NGO activities. In Poland, for example, there are now over 50,000 active NGOs, while Hungary reports 30,000 active NGOs. This would not have been possible without the adoption of enabling legal frameworks for NGOs. And beyond the sheer numbers, there has been a similar blossoming in the scope and impact of NGO activities. Throughout the region, NGOs are engaged in health, culture, education, social services, and other activities. They have engaged in advocacy efforts on issues ranging from constitutional reform in Albania to the protection of orphaned children in Romania, to the advocacy that led to a freedom of information law in Georgia to get out the vote campaigns in more than one country. Moreover, NGOs have had an increasingly important economic effect; NGO sectors in the new EU Member States, for example, now employ a significant percentage of the active working population. An enabling and welcoming legal environment for NGOs and civil society makes this possible. And ICNL has been right there, helping countries move in this direction.
3. USAID Partnership with ICNL
We are very proud of our partnership with ICNL, not only because of their expertise on civil society legislation, but also because of their approach. ICNL emphasizes local ownership. In order for an NGO law reform process to succeed, local institutions and individuals must assume ownership of the process. While international organizations can serve as funders, advisors and even in some instances catalysts for the process, they should not take the lead in writing laws or in lobbying efforts: this must come from governments and citizens themselves.
ICNL emphasizes inclusion and participation. When drafting laws, ICNL ensures that NGO drafting groups represent all interested parties— including NGOs, government officials, parliamentarians, and others. Without the inclusion of all of these stakeholders, the process is likely to fail or result in an inferior law. Broad participation is important to the success of the process.
We continue our partnership with ICNL in the E&E region through our civil society programs, as well as the NGO Sustainability Index, a tool that USAID developed to monitor the enabling environment for NGOs across Europe and Eurasia. From the start, ICNL has provided us with expertise in analyzing the legal framework in each country, and since last year, we have partnered with them to produce the Index.
We have quite a brain trust gathered here today for this Global Forum, courageous individuals who are committed to the development of civil society and a progressive civil society legal framework. I look forward to participating in the conference with you.
[ Back to Article ]
Back to Top ^ |
