Social Mobilization and Rural Development” -NUDRT MUFTI
REGISTRATION OFCSO/NGO AND THE ROLEOF CSO IN EFFECTIVEPROJECT PLANNING Consultant Nudrat Mufti
DEFINATION OF CIVIL SOCIETY ORGANIZATIONS CSOs can be defined to include all non-market and non-state organisations in which people organise themselves to pursue shared interests in the public domain.
CSOs role as promoter ofdevelopment Helping in the overall multi-faced Social services to development of rural the weaker areas section Promoting micro- finance for poor
Range Membership based CSOs Cause based CSOs Service oriented CSOs Ministry of Social Welfare District Governments Provincial Social Welfare Departments Department of Industries
Projects/Kinds Community Village associations Health ,Education /Environmental group Women‟s right groups Farmer associations Faith based associations Labour union Cooperatives professionals Chamber of commerce Non-profit media Independent research institutions Poverty alleviation organizations
NGO / CIVIL SOCIETYORGANIZATION NGO was defined on February 27, 1950, by the resolution 288 (X) of the ECOSOC and stands for a non-governmental organization. Non- governmental organizations are created by legal persons who are not part of the government. Although NGO funds are mostly raised by the government, they maintain a non-governmental position, and eliminate the need for a government council. This type of organization is also known as a civil society organization.
Public sector/privatesector/CSOs LIMITATION OF PRIVATE SECTOR FAILURE OF PUBLIC SECTOR VIABLE SUPPLEMENTARY SECTOR(CSOs
VIABLE SUPPLEMENTARYSECTOR(CSOs)FOUR BASICCHARACTERISTICS(RESPONSIVE,EFFICIENT) VOLUNTARILY FORMED WORKING TOWARDS DEVELOPMENT NON-SELF-SERVING AIMS RELATIVELY INDEPENDENT
Why CSOs in project planning Project planning is generally initiated by the government or development agency The CSOs are representing the people in large, The CSOs monitoring process. The CSOs may better assessments, The CSOs more knowledgeable analyzing data for the government-civil society forum at central and provincial level. The CSOs have a legal framework
Tool summary :Participatoryplanning process of project involve local people in the development decisions that will affect them. support locally-led development empowerment the participatory planning - implementing, monitoring and evaluating the development activities
CSO approaches local government offices NGOs or development 1-awareness-raising, agencies 2- mobilizing of communities , 3- citizens to encourage , 4- building the capacity of Communities/stakeholder local-level stakeholders, groups. b 5- campaigning for or against particular development interventions
CSO development effectiveness speaks tothe impact of CSO actions for development. Effectiveness is involving and empowering people CSOs assume no single development model, to make choices over how they will develop For CSOs, development effectiveness development alternatives, CSOs making choices and taking sides. Increasingly, CSOs work in support of the human rights
Tools available for developmentplanning Information-sharing s newspaper, radio, and television or electronic media Consultation tools: as round tables, public hearings, town meetings, community debates, focus groups, or electronic conferencing, surveys, opinion polls etc. Collaborative planning tools: stakeholder representation on decision-making bodies, establishment of local-level planning committees, participatory budgeting, or finance schemes to fund community-managed development; community mapping, priority ranking and wealth
CSO & local governments accountable to their citizens legal requirements for citizen participation in local government planning involve citizens in setting the development strategies of the local government and deciding on resource allocation local governments lack the fund, CSOs role local needs, mobilizing greater resources, and building the capacity of local government staff to use participatory methods and approaches
How is this being achieved The members of CSOs at central and provincial level are trained to strengthen their capacities in link policy with implementation at local level. Training and analytical information is also provided to improve CSOs Governments (Government - Civil Society Forum) at provincial level. The activities represent a new focus Research and investigation capacity is stimulated through the support to the scientific journal.
CSOs can help promote andfacilitate planning Mobilizing Campaigns communities
ADVANTAGES Involve decision-makers from the start:Plan for micro-macro linkageProvide extra support to marginalized groups: Special efforts need to be made to enable disadvantaged groups to participate in the planning processRespect differences of opinion: Different stakeholder, strengthen the capacity of weaker groups to articulate their needs and concerns. An excellent guide on participatory methods for analyzing and managing power relationships in multi-stakeholder .Follow-up with local stakeholders
GROWTH OF PUBLICSECTOR sustainability accountability participation responsiven es capacity
LEGAL COVERAGEInternational Framework for CSODevelopment Effectiveness8 Istanbul principlesInternational and Regional HumanRights AgreementsInternational Covenant on Civil and PoliticalRights (ICCPR) etc
The International Framework forCSO Development The Istanbul Principles are the foundation for the International Framework for CSO Development Effectiveness, adopted in June 2011 at the Second Global Assembly in Siem Reap, Cambodia. The Framework sets out guidance for interpreting and aligning CSO practices with the Istanbul Principles in diverse local and sectoral settings. The “Toolkit for Implementation of the Istanbul Principles”, with further elaboration of guidance and indicators, will enable CSO actors to adapt and work with the Framework in the context of their organizational mandates and program realities.
The 8 Istanbul principles The 8 Istanbul principles can be used in a variety of ways, in the national, regional and international contexts. Some examples already include: In Russia, CSOs have lobbied to get the government to recognize and take on these principles at the national level In Scotland, the principles are informing the work happening in the national platform, including a CSO effectiveness tool. In Indonesia, the principles have been used as a lobby tool to encourage debate and multi-stakeholder dialogue in the country. In September 2010, more than 170 CSO representatives from 82 countries gathered in Istanbul, Turkey, to consider and unanimously adopt the Istanbul Principles for CSO Development.
LAWS International and Regional Human Rights Agreements Key International Agreements Ratification Year International Covenant on Civil and Political Rights (ICCPR)No Optional Protocol to ICCPR (ICCPR-OP1)No International Covenant on Economic, Social, and Cultural Rights (ICESCR)Yes2008 Freedom of Association and Protection of the Right to Organize Convention No International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)Yes1966 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)Yes1996Optional Protocol to the Convention on the Elimination of Discrimination Against Women No Convention on the Rights of the Child (CRC)Yes1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) No Convention on the Rights of Persons with Disabilities (CRPD)No Regional Treaties SAARC convention on regional arrangements for the promotion of child welfare in South Asia
The Constitution of Pakistan (1973) recognizes the right of individuals to associate with others to pursue common goals as an inalienable fundamental right. Relevant constitutional provisions include Article 15 [Freedom of movement]: . Article 16 [Freedom of assembly] Article 17 [Freedom of association]: Every citizen shall have the right to form associations or unions. Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, Every political party shall account for the source of its funds in accordance with law.] Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.] Article 19 [Freedom of speech]: Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, Article 20 [Freedom of profess religion and to manage religious institutions]: Subject to law, public order and morality: every citizen shall have the right to profess, practice and propagate his religion; Article 25 [Equality of citizens]: (1)All citizens are equal before law and are entitled to equal protection of law. (2)There shall be no discrimination on the basis of sex alone. .
Local Government Ordinance2001 The Local Government Ordinance 2001 includes a number of provisions which entitle the citizens to access freedom of information held by the public bodies of the local government. Under Sections 18 and 57 Nazim and Naib Nazims are required to present a performance report of their respective district and tehsil council, twice a year. Such reports should include detailed information about development projects. Dissemination of information on matters of public interest is one of the functions of union administration under Section76 of the Ordinance. Citizens can demand the union council administration to disseminate information regarding its operations and projects. The section 42(7), 69(7) and 89(6) oblige district, tehsil and union councils to hold their meeting in open for public participation. Section 114 obliges the local governments and related offices to place statements of monthly and annual accounts, performance of the office and such other necessary statements at a prominent place within the premises of the office for access by citizens.
National Laws and Regulations AffectingSectorLaws governing civil society organizations that either explicitly require registration or implicitly confer recognition include: The Societies Registration Act, 1860 The Religious Endowments Act, 1863 The Trusts Act (II OF 1882) The Charitable Endowments Act (Vi Of 1890) The Mussalman Wakf Validating Act, 1913 The Charitable and Religious Trusts Act, 1920 The Mussalman Wakf Act, 1923 The Cooperative Societies Act, 1925 The Mussalman Validation Act, 1930 The Voluntary Social Welfare Agencies (Registration And Control Ordinance 1961) The Companies Ordinance 1984 The Local Government Ordinance, 2001 Income Tax Ordinance 2001
The 19th century, the colonial government created a legalframework for civil societyorganizations The religious The societies registration Actendowment Act -1863 -1860 provided legal status for nongovernment organizations The trust Act (1882) regulated trust activity and shifted management of trusts from government to trustees. these laws allowed the government to monitor civil society activities while alleviating its social welfare burden.
Organizational Forms (The legalframework in Pakistan )The legal framework in Pakistan recognizes four primary forms of not-for-profit organization (NPO).1-The Societies Registration Act, 1860 states that a society can be formed and registered if its purpose is to promote any one or more of the following activities: Science Literature Fine arts Instruction and the diffusion of useful knowledge Diffusion of political education Foundation or maintenance of libraries or reading rooms for use among members or open to the public Public museums and galleries of paintings Work of art Collection of natural history Mechanical and philosophical inventions; Instruments or designs Educational and medical services.
2-A nonprofit company may seek registration under the Companies Ordinance, 1984 if it is established for furthering the development of: Commerce Art Science Religion Sports Social services Charity Any other „Useful‟ objective3- A public charitable trust, under the Trusts Act, 1882, unlike other trusts created for the benefit of specific individuals, is for the benefit of society generally or for certain sections of society. Charitable objectives can be classified under the following divisions: i. Advancement of religion; ii. Advancement of knowledge iii. Advancement of commerce, health and safety of the public iv. Advancement of any other object beneficial to mankind.
4-The Voluntary Social Welfare Agencies Registration and Control Ordinance, 1961 states that a Voluntary Social Welfare Agency is an organization or undertaking established by people of their own free will for the sole objective of providing welfare services in any one or more of the following fields: Child, youth and women‟s welfare; Welfare of the physically and mentally challenged Family planning Social education Rehabilitation and welfare of patients Welfare of juvenile delinquents Rehabilitation and welfare of released prisoners Welfare of socially handicapped Welfare for the elderly and destitute Recreational programmes to ward off people from anti-social activities; Training in social work Coordination of social welfare agencies.
Public Benefit Status: There areno legal barriers Barriers to Barriers to Barriers to Speech International Operational Barriers to Entry / Advocacy Contact Activity• international •Ts operational •e four different laws •There are no legal communication and activity with registration Barriers to barriers restricting contacts .Organisations are offices in different Resources the expressive free to operate provinces. Foreign activities of according to their organisation sign a organizations. They approved charter. Memorandum of are allowed to Understanding with publish critical Economic Affairs material. However, Division i some reasonable limitations are imposed by law in the interest of religion, security •NO LEGAL BAR and/or defence of the state, friendly relations with foreign states, public order, decency and morality, or incitement to an offence.
Civil Society Organizations‟Capacityand ChallengesThere are a number of serious issues— state security concerns, poor financial transparency, development partner dependency, management capacity internal governance Provisions of law that require public disclosure are being ignored, depriving society of the most important means of holding organizations accountable. the legitimacy of the agenda of csos has been questioned. some take the rather extreme view that the partnership of some rights organizations with international development partners harms the ideology and the integrity of the country csos are still in the process of gaining their credibility with the public at large. widespread perception of misuse of charitable funds, especially foreign funds, needs to be addressed
Obstacles People not willing to change ,feel No clear cut Government that leadershipleaders give up government/lead commitment -- er will gone in 5 yearsStrong culture of - it cannot Not many cultural be done movement between the -- private and public sector
reference civicUs. Pakistan NGo forum. code of conduct for NGos and cbos. Available: www.civicus.org/new/media/PN Available: www.civicus.org/new/media/PNf%2 f%20code%20of%20conduct%20Pakistan.doc"NGO Laws in Sub-Saharan Africa" June 2011 (Read Online) (Download PDF) Volume 3, Issue 2 - "Special Issue: An Interview with Maina Kiai, the New United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association" June 2011 (Read Online) (Download PDF) Volume 3, Issue 1 - "Arab Spring: An Opportunity for Greater Freedom of Association and Assembly in Tunisia and Egypt?" June 2011 (Read Online) (Download PDF) Volume 2, Issue 4 - "Freedom of Assembly" April 2011 (Read Online) (Download PDF) Volume 2, Issue 3 - "Enabling Reform: Lessons Learned From Progressive NGO Legal Initiatives" December Global Trends in NGO Law. Complementing the International Journal of Not-for-Profit Law