The Role of Non Governmental Organisations

Victoria Ivancioglo, Republic of Moldova

The role of Non Governmental Organisations

As a promoter of public policy in Moldova

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The research project is realised within The Ilko Kucheriv Democracy Fellowship programme, which is a project of PASOS (Policy Association for an Open Society), carried out in conjunction with the Ilko Kucheriv Democratic Initiatives Foundation (DIF), Ukraine, and the Institute of Public Affairs, Poland. The programme has been made possible with the financial support of the National Endowment for Democracy (NED), with mentoring from Resource Center for Public Participation – CeRe, Bucharest.

2012

Foreword

This research aims to elucidate the role of NGOs in the public policy process in the Republic of Moldova.

The first part of the research project will define the elements of civil society and the importance of NGOs in the community and their ability to identify alternative resources through projects, create partnerships at the community level, and to create civic responsibility of citizens.

It will be presented general notions related to NGOs, the nongovernmental sector in Moldova characteristics, the legal framework to better understand the role and direction of their activity. Further study characterized public policy and how development occurs in participatory way.

I will stress the importance of the role of NGOs in the public policy process as well as the public authorities and how they interact with the NGO sector.

How the involvement of a greater number of players, including NGOs can enhance the quality and applicability of the decision. This depends a lot on if the administration wants and appreciates this participation. Active participation of citizens and civil society is an advanced stage of effective relationships between administration and citizens. It is important to analyze the level of its development in Moldova.

The second part will focus directly on making public policies in Moldova and the direct role of civil society and another issue to be addressed is how NGOs in Moldova is involved and how they see their role in the public policy process, at what level they are involved and also will describe the level of openness from the administration and state institutions from collaboration with NGOs.

This will provide a brief description of the stages of participatory policy making and public involvement in each of these stages.

A part of the study includes representatives of the non-governamental views, which were collected by conducting a questionnaire, disscusion. The main topics are: the opening of public authorities to take initiatives of NGOs and the stage of involvement is involved in policy making or public policy-making, channels used by NGOs in Moldova to influence the public policy.

In the end of the study provides recommendations to increase the participation of NGOs in the decision-making process and the effective partnership between authorities and NGOs.

NGO’s and the public policy process. General Description.

What are NGOs?

In general, civil society organizations are distinguished from informal and ad-hoc groups by a degree of existing formal institutions. They are formal structures, institutionalized with a strict definition of the mission, objectives and fields of action. It is self-organized groups, movements and relatively autonomous individuals who create a large number of organizations ‘specialized’ in many areas concerning the organization and administration of human society.

As associative forms, civic organizations are not part of a public or business sector.

But whatever the reason, the association and the formation of groups and NGOs that are created by linking individuals with problems, interests and goals, can give their intermediary role between public and private institutions and citizens to represent and serve the common interests articulated in this way.

Through various forms of expression, people will publicly try to promote a wide range of interests such as economic, cultural, educational, professional, civic, political, etc. These forms of organizations comprise a plurality of interests and power centers in society and act according to the nature of goals in alliance or in opposition to each other or with state power instituted.

NGOs have proved to be, worldwide, an effective channel for individuals to participate in public decision.

In democratic societies, NGOs are effective mechanisms through which citizens are represented and can participate in government. NGOs represent, in fact, many profiles, interests and aspirations present in a society that are consistent and visible in public life represented by the work of these organizations.

What is public policy?

Public policy is a set of regulations, decisions and actions that address interrelated problems of an administration or a field. Public policies are expressed in all laws, regulations, decisions and actions of public administration. In an efficient administration, public decision is an expression and part of public policy.

Public policy goal is, ultimately, to solve a community issue or regulate public domain.

The process of making important policy actions represents local administration efforts, and civil society institutions involved in this make sure that the network is an efficient process and policy development. The policy cannot be effective if:

• The objectives and policy goals were not clearly defined or understood.
• No funding or required resources available.
• Not able to control the network established to unite and control resources.
• There is no effective communication system or control over organizations involved in policy making.

The decisive factors contributing to the success of these processes are: openness of the local authorities, favorable legal framework to enable citizens to take part in decision making, pro-active NGOs and the presence of a mentality of cooperation among all stakeholders.

Of course, public policy and choice of instruments is a very complex process that cannot be included in a simplistic interpretation. When a government agency implements some policy, it has before it several tools that they may choose between. How do they proceed in this situation? There are certain constraints leading to the choice of specific instruments. In this respect, the decision depends on several factors[1]:

• Characteristics of the instruments depending on the intensity of the resources, how well the objectives are established and how big is the political risk which requires support and manifested opposition, public transparency and the chances of failure.
• Style of policy making in that country. For example, U.S. policy favors activities involving decentralization while in other countries, such as Moldova, policies appeal to the greater centralizing activities.
• Organizational culture of government institutions that implement public policies.
• Problems with context, the role of stakeholders, scheduling tasks.
• Decision maker preferences, related professions, attitudes, knowledge and their beliefs.

The importance of NGOs in the public policy process?

NGOs role is important as promoters of public policy because they can influence decision makers to change the contents of policies, strategies and laws but is equally important as they can influence informal policies, i.e. the operation of the system, how public decision is made, culture and behavior in the public institutions and society as a whole.

Activities of NGOs make an important contribution to the public policy process through good governance, monitoring activities working to increase transparency in public decision making and accountability by the authorities. Also by increasing citizen participation, facilitating the direct involvement of disadvantaged groups in developing and implementing solutions to problems faced and influencing culture and behavior in its government and citizens.

NGOs, in their capacity as elements of civil society, have played an important, we may even say exceptional, role. The NGOs have a priority I a number of advantages over other private or state structures. The fact that NGOs cannot have their own economic and political interests should make them credible both for the individual home, as well as public authorities. International experience shows that the role of NGOs is to promote civic values and initiatives in favor of general public benefit. No other type of non-governmental organizations (political parties, unions, religious cults, etc.), although they have important roles to play in developing civil society, can claim to cover the diverse range of issues and specific interests as NGOs do. From this perspective, the role of NGOs in society becomes multi-dimensional.

Civil society with help of NGOs draw attention to the neglected state of some of its duties, intentional or unintentional, violation of legitimate rights of its citizens especially those belonging to disadvantaged groups.

Civil society organizations are those that can help raise awareness of problems, collecting data, information, mobilizing resources, proposing solutions to these issues and influencing public authorities in public policy formulation and selection of appropriate solutions.

NGOs differ according to their activity. Thus, some NGOs assume the role of “watchdog” in a particular area of public policy. Like any ‘watchdog,’ organizations also ‘watch’ carefully and monitor any movement in decision-making and legislative developments of interest signaling the appearance of any dangers that threaten the rights, interests or welfare segment of the population served as well as any acts.

How do NGOs get involved in the policy process?

Organizations can act as a partner with the administration of public policy only when the authorities are very open and when organizations are sufficiently strong, credible and professional. Partnership requires the involvement of the stakeholders in all phases of public decision making, starting with problem identification and ending with implementation and evaluation of the policy.

Participation occurs when citizens, NGOs and public authorities have identified needs for participation and involvement when there are mechanisms created. NGOs can be involved in management decisions and offerings.

To better understand how to involve NGOs in the policy, the stages of the process should be emphasized.

Policymaking process has several stages largely similar to a strategic planning process in a particular area:

• Situation analysis and problem definition.
• Setting goals and objectives.
• Identifying options for resolving the problem and choosing solutions.
• Formulation and development of the chosen solution.
• Implementation.
• Evaluation.

Now will analyze the most important stages and will try to present how NGOs could better engage in these stages.

Situation analysis and problem definition - involves creating an exact picture of the issue or the area in question.

It is a milestone and a starting point in developing public policy. NGOs in this case are those that identify the problem put on the table by local government or contribute to the analysis of the situation that has the expertise and experience working in this field.

It is ideal when in partnership with local governments that NGOs are working to establish the magnitude of the problem, people affected by the problem and causes and effects of the matter.

NGOs can participate in any consultations organized by the LPA to establish goals and objectives, although public institutions are often tempted to stick to other public institutions such as unions.

Another important step is to identify possible options to solve the problem. Choosing one can be a complex stage.

The greater number of players involved, the more secure solution is chosen in favor of solving the problem.

NGOs have their role from the diversity of services they provide and the solutions they find to their problems. Solutions promoted by NGOs are often shared and discussed with those affected by problem solving which is trying through public policy.

It is undisputed that NGOs applying various methods of public participation can contribute to choosing the right solution. Or, if the optimal solution is not identified by public body , advocacy campaigns can influence the adoption of new solutions.

Formulation and development of the chosen solution, policy formulation.

This stage refers to the detailed technical solution chosen, writing and adapting legal acts necessary to establish a detailed plan of activities.

A good policy is effective when it is developed based on needs or suggestions for those affected by the policy.

At this stage, NGOs can act as intermediaries between the public institution and public actions in wich citizens organize consultation to collect as many ideas and to contribute to the activities planned by the administration, NGOs just an observer cannot adopt, the political participation has been developed.

Public Policy Implementation

At this stage, NGOs can monitor the implementation process, can act as a partner of the public administration. Through expertise they can use the methods of informing and mobilizing the population. In addition, NGOs partnership with public authorities periodically elected by the citizens can serve as the surest guarantee of continuity of public policies promoting the interests of citizens, regardless of political forces in government success.

Evaluation - Due to the relatively high number of NGOs and diverse spectrum of interests they have a huge potential for monitoring of government policy in various areas. In this respect, NGOs are the best agents to expose inconsistencies,and to promote public policies by the government. This is possible because many NGOs have direct contact with the beneficiaries of public policies or communities affected by them as opposed to authorities. This makes the NGOs extremely useful as partners of the authorities, helping to promote public policies consistent and mutually adjusted.

Benefits of participatory elaboration of public policies.

Civil employment policy formulation and implementation process provides transparency of decision making, resource allocation and measuring the degree of responsibility of the relevant public institutions. Experience has shown that the involvement of all stakeholders in public decision leads to:

-Optimal public decision in accordance with real needs and situations.

-Finding innovative solutions and creative policy.

-Easier implementation of measures often reducing implementation costs.

-Support from citizens for decisions.

-Legitimacy.

-Forming a community, society as a whole, informed and active.

If to speak more specifically regarding the role of NGOs, their contribution is seen through a complex of activities, from acting as informational agent relationship between different societal segments and organs of state power through promoting changes in legislation and State policies. Also, NGOs monitor the implementation of state commitments to national and international legislation.

Moreover, through NGOs specific expertise contribute to discussions on policies. Ties that NGOs have local, regional, national and European support they provide expertise in the policymaking process. They also act as the evaluator of the outcome of policies implemented by European institutions, providing the opportunity to consider public responsibility that they have towards these policies.

NGO sector in Moldova.

After independence and the beginning of the democratization process in Moldova, a legal framework was created under which to develop civil society indispensable in a state of law.

Issues discussed extensively by the early promoters of civil society in Moldova were those of their constituents and to what extent they can formulate a definition as a more appropriate and conceptual legal framework existing in the state.

The most common approach was in terms of the relationship between state and civil society. NGOs are part of civil society with political parties and employers unions so this approach will be described below.

At first, we could not outline a coherent theoretical aspect before the social reality to precede and outline a framework for perception of civil society as a subsystem of the rule of law inherent.

It can be spoken about civil society and right to be associate, at least in the theoretical aspect, from the time when The Constitution was adopted (July 29, 1994), which enshrined the right of association.

Even though until 1997, there were no laws that specifically regulate the legal and principles of activity of public organizations, there have been many projects that have stimulated the building of NGO sector and provided policy makers arguments in order to speed up this process.

Since 1997, practically, the Law on Public Associations[2] was adopted, according to which (Article 1, Paragraph 1): “The Public Association is a self initiated organization, independent, self administrated, constituted by the free professional interests and/or to achieve common civil rights, economic, social and cultural which goal is not to receive profit. Purpose and duties are set by the statute of a public association, its rules and other documents included in statute and registered under the Law.”

These associations, being non-governmental organization, began later, practically and theoretically to be associated with the concept of civil society, although the latter covers a broader sense i.e. all citizens including those unrelated.

Although this law creates the legal framework for NGO activity, it also has shortcomings but it reflects the basic principles inherent in a functioning civil society.

A definition of civil society that should be included in a law or regulation that would formulate fundamental principles and elements of civil society, at least as seen by most active citizens or organizations that work in this direction, does not yet exist in Moldova.

An attempt in this direction was the establishment in 2002 of a bill – the Law on public control over state activity, a particularly daring project by goals that it has proposed, but never reached the stage of being adopted by Parliament. The project states that its purpose is “the establishment of effective public control over state activities to ensure constitutional rights, inalienable, legal and other human rights and freedoms and those provided by international agreements to which Moldova is part, subordination of the Moldovan state policy, the authorities’ activities and persons in charge with protection of citizen’s interests.” Therefore, in accordance with Article 3.1 of the project, “Civil society is considered an autonomous non-state structural link of the Moldovan people, consisting of political parties, social movements, political organizations and other public associations.