Taulant Hoxha Program Director Kosovar Civil Society Foundation (KCSF) Skopje 4th of July 2012

Structure of the presentation

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Specific background of CSOs participation in Kosovo Recent developments Current state of its implementation Civil society vis--vis participation Main challenges ahead

Where do we come from?

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1990 1999: Parallel system & civic movement, no division between public authorities and citizens/CSOs 1999 2008: International Administration in Kosovo
UNMIK

- all executive powers SRSG - the ultimate authority in Kosovo Domestic authorities not always consulted for important decisions No real citizens participation in this system of decision-making

After 2008
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CSOs shifted their role

from assisting the emergency and reconstruction process of the afterwar (after 1999), into contributing to the overall state-building process of Kosovo (after 2008)

With Kosovo institutions developing new policies and laws, CSOs became more and more focused in policy-making Currently

Advocacy CSOs Think Tanks Watchdogs Sectorial CSOs

Before 2011
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2005-2011 Rules of Procedures of the Government:

Legal Office of the Government may ask for the opinion of external experts and Kosovar society

Law-making cycle: Ministerial WG Governmental WG Government Assembly Practice:

Ad-hoc consultations Mostly governmental level (not Ministries) Participation in the working groups (out-voted) No planning, feedback, reporting, monitoring

Recent developments
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2011 Rules of Procedures of the Government

Obliges

the government to consult the public for all policies (Art.32)

for comments Provide sufficient information on the policy X Report the results of the consultations to the Ministerial Committee X
Seek Guidance for

conducting public consultations

Policy making cycle

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Policy-making cycle: Ministerial Team Government Assembly

Concept Document (obligatory consultations) prior to primary legislation, important secondary legislation, recommendations that have significant social, economic or other impacts, proposals that have high implementation costs, or important Government or ministry priorities. Explanatory Memo all other proposals

Public consultations
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For all Concept Documents

CSOs

can be involved in Ministerial Team CSOs need to be consulted before submission to the government Written consultations (3 weeks) and public hearings

For Explanatory Memos

No

binding requirements

Urgent procedure (reasoned, with permission of the Prime Minister)

Manual on Public Consultations

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Prepared by KCSF, adopted by the Government Official guidance for public consultations General information, advice and tools on:
Theory

of public consultation Planning, conducting and reporting Identifying stakeholders Organizing public hearings Written consultation documents (template) Using and reporting results (template)

Current state of implementation

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Immediate increase of invitations for written comments Significant increase of awareness to involve CSOs (although not properly understanding why) X Little capacities to properly plan and conduct consultations X No feedback, reporting, monitoring X The process focused only within one governmental office no ownership from others X

Civil society vis--vis participation

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A number of well-established CSOs are very active in civil society horizontal issues, rule of law, social issues, education etc. Smaller CSOs lack capacities for concrete contributions to decision-making process, either related to the process or to the subject Few sectorial platforms (formal and/or non-formal) Lack of information on legal opportunities, lack of pressure for proper implementation of legal provisions

Administrative capacity vs. political will

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Political will without capacities: chaotic and selective consultations, successful only with right people at both sides (not often) Capacities without political will: tick the box consultations, decrease of trust and response from CSOs Structures enable the willing institutions and CSOs to properly cooperate Obligatory rules force the unwilling institutions and CSOs to give it a try

Main challenges ahead

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Minimum standards (obligatory) Selection procedures Monitoring and reporting system Capacity building for civil servants Capacity building for CSOs Understanding the benefit of public consultations One pulls the other

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www.kcsfoundation.org taulant.hoxha@kcsfoundation.org

Thank you for your attention!