Supporting Civil Society Legal Reform: Best Practices for Engaging with Government/Parliament

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The Sixth Assembly
Freedom of Association, Assembly, & Expression

Supporting Civil Society Legal Reform: Best Practices for Engaging with Government/Parliament

Organizer:
 
Moderator:
David Moore – ICNL (U.S.)
 
Rapporteur:
Cecil B. Griffiths – Liberia National Law Enforcement Association (Liberia)
 
Presenters:
Livingstone Sewanyana – National Coalition of Electoral Democracy (Uganda)
Orazio Bellettini – Grupo FARO (Ecuador)
Ziad Abdel Samad – Arab NGO Network for Development (Lebanon)
The workshop participants heard three presentations on Uganda, Ecuador, and the Middle East:
 
Uganda
 
Livingstone Sewanyana highlighted the challenges in Uganda regarding restrictive NGO laws and the strategies employed by civil society organizations (CSOs) to address those challenges:
 
  • It is very important to understand the challenges and the different ways in which arguments and counter-arguments regarding the issue are made.
  • Civic education is important, since it is difficult to defend civil society rights unless one knows the issues.
  • Lobbying parliament is an important strategy.
  • There is strength in numbers; therefore, concerted efforts should be made to create coalitions to address the issue.
  • Raising issues with the regional and UN systems, including the African Commission on Human and Peoples Rights, may be an effective strategy.
  • Seeking legal redress may include seeking prohibitions against the passage of restrictive laws or bringing the issue to constitutional courts.
  • Not all efforts will be successful, but CSOs should nonetheless continue to engage various stakeholders.
Ecuador
 
Orazio Bellettini discussed the challenges and suggested strategic responses of civil society in Ecuador:
 
  • It is important to analyze restrictive decrees in light of the law in Ecuador and international law relating to freedom of association.
  • It is important to establish a group or coalition of concerned CSOs.
  • It is important to seek a dialogue with the state, where possible.
  • Advocacy documents should include arguments about how a decree is unconstitutional and in violation of international law.
  • Civic education is important for informing citizens about how a decree affects their rights.
  • Hold in-person meetings with responsible ministries about recommendations for reform.
Middle East
 
Ziad Samad discussed the challenges and strategic responses in the Middle East:
 
  • In dealing with freedom of association many factors should be considered, such as the type of state, the level of decentralization, the level of democracy and development, the political system, cultural dimensions, and whether the society is primarily rural or urban.
  • The authorities’ narrow definition of “security” often leads to increased restrictions; in fact, national security should not be understood only as state security, but also as human security.
  • Civil society capacity should be enhanced to provide convincing alternatives in dialogues with governments and parliaments.
  • Good governance within civil society is crucial if civil society advocacy is to be accepted as legitimate.
  • The right to establish NGOs should be protected without compromise, and the right to establish an independent NGO includes access to funding, which should also not be compromised.
Recommendations
 
Following the presentations, participants divided up into five groups to evaluate a hypothetical scenario and to respond to various questions. This exercise led to the following recommendations:
 
Ways to respond to government justifications for repressive laws:
 
  • Regarding aid effectiveness, the focus should be on national ownership of aid priorities, not on government priorities. The Paris Declaration on Aid Effectiveness stresses national ownership of aid priorities, partnership between government and civil society, and the inclusion of civil society in developing aid priorities.
  • State sovereignty should acknowledge the importance of human rights as a cornerstone of both democracy and sovereignty.
  • Regarding accountability and transparency, regulatory measures used by government should enhance accountability, not hinder it (for example, legal limits on the administrative expenses an organization can charge may hinder accountability, since reporting, auditing, and governance functions are often considered administrative, rather than as program, costs).
Best practices for engaging with governments and parliaments:
 
  • Demonstrate NGOs’ commitment to government priorities, if appropriate.
  • Establish NGO coalitions.
  • Seek dialogue through multi-stakeholder fora.
  • Internationalize the issue through outreach to donors and the diplomatic community.
  • Challenge regressive draft laws through litigation or administrative commissions or ombudsmen.
  • Seek engagement with allies in parliament.
  • Use the media to spotlight issues or concerns.
  • Build the capacity of NGOs to engage in law reform advocacy.
  • Improve governance and self-regulation within the NGO sector.
  • Seek reform allies in the private sector.
  • Mobilize letter-writing campaigns, both domestically and internationally.