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Tools for Civil Society Organizations’ Accountability in the B-MENA Region
Where to take CSO Accountability?
Catherine SheaVice President – Programs
International Center for Not-for-Profit Law
ICNL
Legal Framework for Civil Society: Framework Laws, Taxation, Public Participation, Self-regulation, Governance, Accountability
Projects in 100 countries Middle East/North Africa Regional
Program – Jordan Affiliate Office UNDP, EU, USAID, Council of Europe,
Council on Foundations, Corporations, Foundations, World Bank, IMF
Accountability: an obligation or willingness by a CSO to accept responsibility or to account for its actions
Key elements: compliance with legal obligations demonstrating how resources are spent and how these
respond to the mission and obligations taken towards stakeholders
good governance prudent financial management demonstrating goodwill or an intent to meet certain
professional and management standards demonstrating regularly that it uses its resources wisely
and does not take advantage of its special privileges (e.g., tax exemptions) to pursue activities contrary to its nonprofit status
ECNL, Study on Recent Public and Self-Regulatory Initiatives Improving Transparency and Accountability of Non-Profit Organisations in the European Union (2009)
Legal Framework for CSOs
Necessary but not sufficient for ensuring CSO accountability
Legal restrictions can inhibit rather than encourage accountability› “Government suppression of CSO activities
has undermined both government's and CSOs' efforts to institute good governance practices among CSOs.”
Mohammed Agati, Undermining Standards of Good Governance: Egypt ’s NGO Law and Its Impact on the Transparency and Accountability of CSOs
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NS Mandatory Registration of Groups
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NS Licensing of Domestic Fundraising
Legal Restrictions
› Kuwait: “Registered and established societies may
request permission for collecting money to achieve their goals once a year abiding by rules and regulations stated in the Law Permitting Collection of Money for Public Purposes” (Article 22, Law 24 of 1962).
LEG
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Click icon to add picture
Restrictions on Foreign Funding
15 April 2000
2009/05/07
Front Line is concerned following reports that the Egyptian Organization for Human Rights (EOHR) received a letter from the Egyptian Ministry of Social Solidarity on 27 April 2009 threatening to dissolve the organization for violating the Law of Association by receiving unauthorized foreign funding.
Egypt: Threat to close down the Egyptian Organization for Human Rights (EOHR)
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Green – No Restrictions Dark Grey – No InformationLight Green – Notification Required Light Grey – Non-Arab (Not Surveyed)Orange – Prior Approval RequiredRed – Prohibited
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NS Extensive Reporting and Intrusive Supervision
Legal Restrictions
› Egypt: Ministry officials may enter premises “for the purpose of reviewing its registers” (Law 84 of 2002, Article 20)
› Qatar: “The employees of the Ministry . . . shall have inspection authority in investigating and proving violations . . . They may enter the premises of the association or private institution and its annexes, to inspect them and to examine its documents and records.” (Law of Associations and Private Institutions, Article 44).
Legal Restrictions
Mexico -- Caps on Administrative Expenses
Uzbekistan – Restrictions on Bank transfers
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OD
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S Iraq -- Law on Non-Governmental Organizations
Study on recent public and self-regulatory initiatives improving transparency and accountability of non-profit organisations in the European Union
Goals of the ECNL Report› Map and assess the recent and most
important public and self-regulatory initiatives enhancing non-profit organisations’ (NPO) transparency and accountability in the 27 EU member states
› Support increased knowledge and improved dialogue by identifying and helping to develop best practices through comprehensive case studies
General Findings 1. Large number of initiatives to improve NPO
accountability and transparency.
2. Driving force: growing social and economic importance of the sector.
3. Specific motivations include: › Transparency;› Value for (public) money; › Clarification of role – legal and societal;› Improved governance and effectiveness; › Prevention of fraud / crime;› Countering terrorist financing/money laundering
threat.
Close to 140 initiatives from 27 EU member states and EEA:
including over 65 public and over 70 self-regulatory
Public Regulation Initiatives
Map of Public Regulation Initiatives
Legal Status &
Registration (28)
Transparency &
Reporting (32)
Governance & Internal Rules (18)
Fundraising (11)
Public Funding & Tax
(22)
Supervision &
Investigation (18)
Unknown/Other
(5)
Trends with respect to Accountability and Transparency
Promotion of Accountability is on the rise: › 140 initiatives from the 27 EU member
states and the EEA, › 65 public and over 70 self-regulatory
projects › Driven by increased economic and social
importance of the sector Development of Comprehensive
legal frameworks as a means to promote NGO accountability
18
Europe: Increased Focus on Accountability Co-exists with Respect for the Right to Associate
European Convention on Human Rights protects the right to associate
European Court of Human Rights has issued leading decisions on the right to associate
19
ECNL Study Findings
Success of CSO accountability initiatives
› “depends to a large extent on the buy-in of NPOs. The most successful public regulatory initiatives identified during research rely on consultation with – and in some cases joint design by – the sector.”
20
ECNL Study Findings
The impact of accountability and transparency initiatives depends upon an enhanced flow of information.
Recommended: › information-sharing and research to
identify needs› best practice and practical tools› in-depth understanding of the NPO sector
and how it works
21
Trends with respect to Accountability and Transparency
Self regulation as a means of improving NGO’s ability to govern themselves effectively
22
NGO Accreditation and Certification: The Way Forward?
› Certification -- compliance measured against an established set of norms (includes self-certification; peer certification; and third party certification)
› Voluntary Codes of Conduct – organizations set standards by voluntary agreement
› Watchdog or Ratings Agencies – set standards and rate other organizations
› Awards
Learn more at www.icnl.org