Assessment of Legal Assessment of Legal and Regulatory and Regulatory Framework for Civil Framework for Civil Society and Civic Society and Civic Engagement in Albania Engagement in Albania

Catherine SheaCatherine SheaProgram DirectorProgram DirectorInternational Center for International Center for Not-for-Profit LawNot-for-Profit Law

ICNLICNL

““Promoting an Enabling Legal Promoting an Enabling Legal Environment for Civil Society, Freedom Environment for Civil Society, Freedom of Association, and Citizen of Association, and Citizen Participation Around the World”Participation Around the World”

ICNL works to strengthen civil society ICNL works to strengthen civil society and civil society organizations by and civil society organizations by reforming the regulatory framework reforming the regulatory framework governing their activitiesgoverning their activities

History of NPO Law History of NPO Law Reform Process in Reform Process in AlbaniaAlbania May 2001 Albanian Parliament May 2001 Albanian Parliament

Enacts a Package of Laws Enacts a Package of Laws Regulating Non-profit Regulating Non-profit OrganizationsOrganizations– Law on Non-Profit OrganizationsLaw on Non-Profit Organizations– Law on Registration of Non-Profit Law on Registration of Non-Profit

OrganizationsOrganizations– Amendments to the Civil CodeAmendments to the Civil Code

Albanian NPO LawsAlbanian NPO Laws

Establishes three organizational forms (Foundations, Establishes three organizational forms (Foundations, Associations and Centers)Associations and Centers)

All natural and legal persons, domestic and foreign, All natural and legal persons, domestic and foreign, permitted to found an NPO.permitted to found an NPO.

Expressly permits informal association through Expressly permits informal association through unregistered groups unregistered groups

Explicitly recognizes the right of Albanian NPOs to Explicitly recognizes the right of Albanian NPOs to receive grants and donations from any private or public receive grants and donations from any private or public person, Albanian or foreign, as well as to conduct person, Albanian or foreign, as well as to conduct economic activities under certain circumstanceseconomic activities under certain circumstances

Lays the groundwork for public financing of NPOs.Lays the groundwork for public financing of NPOs. Removes the provision of the previous law giving the Removes the provision of the previous law giving the

state undefined, broad powers to supervise NPO state undefined, broad powers to supervise NPO activities. activities.

Limits state powers to terminate involuntarily an NPOLimits state powers to terminate involuntarily an NPO

History of NPO Law History of NPO Law Reform Process in Reform Process in AlbaniaAlbania Participatory process Participatory process

characterized by characterized by – Local LeadershipLocal Leadership– Local CapacityLocal Capacity– Broad Public ParticipationBroad Public Participation– Strategic assistance by International Strategic assistance by International

Community to support local initiativeCommunity to support local initiative

ARVIN FrameworkARVIN Framework

The Legal and Regulatory Environment The Legal and Regulatory Environment Can be Analyzed Using Five Critical Can be Analyzed Using Five Critical Factors or “Enabling Elements,” which are Factors or “Enabling Elements,” which are the focus of Observation. These are:the focus of Observation. These are:– (A)ssociational Freedoms(A)ssociational Freedoms– (R)esources(R)esources– (V)oice(V)oice– (I)nformation(I)nformation– (N)egotiation & Public Debate(N)egotiation & Public Debate

The ARVIN The ARVIN FrameworkFramework

Legal & Regulatory Legal & Regulatory FrameworkFramework

Political & Governance Political & Governance ContextContext

Socio-Cultural Socio-Cultural CharacteristicsCharacteristics

Economic ConditionsEconomic Conditions

AssociationAssociation Constitutional provisions Constitutional provisions and laws on fand laws on feedom of eedom of aassociationssociation

Procedures for Procedures for registering CSOs & NPOsregistering CSOs & NPOs

Sanctions or limitations Sanctions or limitations of non-registration?of non-registration?

Recognition & Recognition & accreditation policies & accreditation policies & proceduresprocedures

Conflict of registration Conflict of registration and licensing regulationsand licensing regulations

Social Capital, Social Capital,

Gender barriers IlliteracyGender barriers Illiteracy

Attitudes to youth, Attitudes to youth, disabled, elderlydisabled, elderly

Social hierarchiesSocial hierarchies

Cost of legal Cost of legal registrations & registrations & accreditations.accreditations.

Cost meetings& forumsCost meetings& forums

Cost of communications Cost of communications and traveland travel

ResourcesResources Tax lawsTax laws

Laws on foundationsLaws on foundations

Regulation of fund Regulation of fund raisingraising

Procurement regulationsProcurement regulations

Implications on gov Implications on gov grants, grants,

Donations from Donations from politicianspoliticians

Political interference on Political interference on contracting contracting

History and culture of History and culture of philanthropy philanthropy

Self-helpSelf-help

Impact of economic Impact of economic pressures on CSO pressures on CSO funding sources funding sources

Impact on employmentImpact on employment

VoiceVoice Constitutional provisions Constitutional provisions and laws on and laws on

Freedom of Expression, Freedom of Expression, Media & ICT related lawMedia & ICT related law

Political control of mediaPolitical control of mediaRestriction on civic Restriction on civic protestsprotestsMass media influence on Mass media influence on policy makingpolicy makingProfessional training of Professional training of journalistsjournalists

Communication Communication practices (use media by practices (use media by diff soc groups)diff soc groups)

Relations of media and Relations of media and CSOs CSOs

Cost of advertisingCost of advertising

Cost of publishing and Cost of publishing and other CSO other CSO communicationscommunications

InformationInformation Constitutional provisions Constitutional provisions and freedom of and freedom of information lawsinformation laws

Regulations for access to Regulations for access to public informationpublic information

Info disclosure policies & Info disclosure policies & practices. Ability to practices. Ability to demystify pub pol & demystify pub pol & budgetsbudgets

Information Networks, Information Networks, Illiteracy,Illiteracy,

Oral culturesOral cultures

Social barriersSocial barriers

Cost/fees for public Cost/fees for public documentsdocuments

Printing and Printing and communications communications facilitiesfacilities

NegotiationNegotiation Legally established Legally established dialogue spaces.dialogue spaces.

Role of/collaboration Role of/collaboration with legislaturewith legislature

Decentralization Decentralization legislation-provision for legislation-provision for participationparticipation

Political willPolitical will

Institutionalized Institutionalized dialogues Social dialogues Social accountability accountability mechanismsmechanisms

Local and regional Local and regional governments capacities governments capacities to engageto engage

Social values & Social values & hierarchies that set who hierarchies that set who can participatecan participate

Bargaining power. Bargaining power.

Constraints on Constraints on autonomy & advocacyautonomy & advocacy

Risk of cooptionRisk of cooption

Resources for advocacyResources for advocacy

Albania Project Design Albania Project Design and Methodologyand Methodology Scoping MissionScoping Mission

– Interviewed 40 stakeholdersInterviewed 40 stakeholders Stakeholder “Mapping”Stakeholder “Mapping” Background Paper and BibliographyBackground Paper and Bibliography ““Descriptors”Descriptors”

– State issues to be analyzed, as well as priority questions State issues to be analyzed, as well as priority questions for field researchfor field research

Peer Validation and ReviewPeer Validation and Review Implementation of Research MethodologiesImplementation of Research Methodologies Assessment MissionAssessment Mission ReportReport Public advocacy and learningPublic advocacy and learning

Research Research MethodologiesMethodologies Desk ResearchDesk Research Quantitative SurveyQuantitative Survey

– Sample =100 CSO representativesSample =100 CSO representatives Focus Group DiscussionFocus Group Discussion

– Four focus group discussions (3 CSO, 1 Journalists)Four focus group discussions (3 CSO, 1 Journalists) ““Test – cases”Test – cases”

– Four surveyors investigated government Four surveyors investigated government compliance with Albania’s law on Official compliance with Albania’s law on Official documents. documents.

Semi – structured interviewsSemi – structured interviews– Over 75 stakeholders (CSO, government, courts, Over 75 stakeholders (CSO, government, courts,

media, MPs, etc) were interviewed.media, MPs, etc) were interviewed.

ARVIN: Research ARVIN: Research MethodsMethods---Data Collection---Data Collection SurveySurvey

– In Albania, 100 CSO Representatives In Albania, 100 CSO Representatives were surveyed in an attempt to were surveyed in an attempt to obtain quantitative data regarding obtain quantitative data regarding past CSO experiences.past CSO experiences.

ARVIN: Research ARVIN: Research MethodsMethods---Data Collection---Data Collection

Focus Groups.Focus Groups.– Four Group Discussions--Four Group Discussions--

three with CSO three with CSO representatives and one representatives and one with journalists—were held with journalists—were held seeking qualitative seeking qualitative information regarding information regarding stakeholder knowledge and stakeholder knowledge and opinion on legal and opinion on legal and regulatory issues in regulatory issues in Albanian civil society.Albanian civil society.

ARVIN: Research ARVIN: Research MethodsMethods---Data Collection---Data Collection

Focus GroupsFocus Groups– Focus groups were often Focus groups were often

effective in allowing effective in allowing researchers to determine researchers to determine which items evoked which items evoked widespread or passionate widespread or passionate responses, such as the responses, such as the difficulties related to difficulties related to centralized registration centralized registration system in Tirana.system in Tirana.

ARVIN: Research ARVIN: Research MethodsMethods---Data Collection---Data Collection InterviewsInterviews

– Over 75 informants from domestic and Over 75 informants from domestic and international CSOs, government international CSOs, government ministries, agencies and commissions, ministries, agencies and commissions, the courts, media outlets, parliament, the courts, media outlets, parliament, think tanks, and other experts think tanks, and other experts participated in interviews regarding participated in interviews regarding the effects of Albanian laws and the effects of Albanian laws and regulations on civic society.regulations on civic society.

ARVIN: Research ARVIN: Research MethodsMethods---Data Collection---Data Collection Test Cases.Test Cases.

– Four surveyors tested Four surveyors tested governmental compliance with governmental compliance with Albania’s Law on Official Albania’s Law on Official Documents by personally Documents by personally presenting requests for presenting requests for available, easy-to-locate available, easy-to-locate information.information.

Project Design Issues Project Design Issues and Challengesand Challenges How to ensure that assessment findings How to ensure that assessment findings

are supported by both quantitative and are supported by both quantitative and qualitative information?qualitative information?

How to ensure stakeholder ownership of How to ensure stakeholder ownership of the process and results?the process and results?

How to ensure that study has value, and How to ensure that study has value, and does not simply repeat other efforts?does not simply repeat other efforts?

How to ensure that study leads to and How to ensure that study leads to and supports stakeholder action?supports stakeholder action?

How to realize goals with resource How to realize goals with resource limitations?limitations?

ARVIN Research ARVIN Research MethodsMethodsData AnalysisData Analysis Data gathered using these Data gathered using these

methods is analyzed to formulate methods is analyzed to formulate specific findings regarding the specific findings regarding the civic society environment.civic society environment.

Based on these findings, concrete Based on these findings, concrete recommendations and actionable recommendations and actionable options for implementation are options for implementation are developed.developed.

Assessment: Findings Assessment: Findings and Recommendationsand Recommendations

FindingFinding– Many Government Institutions Lack Many Government Institutions Lack

the Administrative Capacity to the Administrative Capacity to Fairly, Impartially and Effectively Fairly, Impartially and Effectively Implement the Laws Relevant to Implement the Laws Relevant to Civil Society.Civil Society.

Assessment: Findings Assessment: Findings and Recommendationsand Recommendations

Recommendations:Recommendations:– Additional financial resources to improve Additional financial resources to improve

institutional and administrative capacity to institutional and administrative capacity to implement specific laws. implement specific laws.

– More effective training and other staff More effective training and other staff development measures focused on making development measures focused on making civil servants more efficient and effective in civil servants more efficient and effective in responding to requests from the public. responding to requests from the public.

– Development of practical forms, manuals, Development of practical forms, manuals, procedures and guidelines for both procedures and guidelines for both consumers (i.e. the public) and the providers consumers (i.e. the public) and the providers (i.e. government officials). (i.e. government officials).

NPO Views On The Transfer NPO Views On The Transfer Of Registration to Tirana Of Registration to Tirana District CourtDistrict Court

24%

39%

5%

12%

8%

12%

63%

No Change Slightly easier

Easier Not aware

Much More difficult Slightly More difficult

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- AssociationAssociation

Finding:Finding:

The Tirana District Court The Tirana District Court Requires Additional Support to Requires Additional Support to Computerize CSO Registration Computerize CSO Registration Files, Centralize the Registry Files, Centralize the Registry and Implement the NPO Laws.and Implement the NPO Laws.

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- AssociationAssociation Recommendations:Recommendations:

– Devote additional resources to Devote additional resources to improve the CSO files and registry in improve the CSO files and registry in the computerization project the computerization project currently underway at the Tirana currently underway at the Tirana District Court. District Court.

– The Tirana District Court and CSOs The Tirana District Court and CSOs should conduct a joint review of how should conduct a joint review of how to make the registration and to make the registration and amendment processes easier.amendment processes easier.

Tax Reform -- Law Reform In A Tax Reform -- Law Reform In A Subject Somewhat Or Very Subject Somewhat Or Very ImportantImportant

0 20 40 60 80

Other

Ombudsman

Micro-credit

Reg. and Op. of NPOs

Govt. Contracting of Soc. Serv.

Licensing of Social Services

Income tax from econ. activities

Tax Deductions

Profit Tax exemptions

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- ResourcesResources

Finding: Finding: – CSOs Have Expressed the Need CSOs Have Expressed the Need

for Tax Reform to Increase their for Tax Reform to Increase their Financial Resources.Financial Resources.

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- ResourcesResources

Recommendations:Recommendations:– Provide support to the nascent NPO tax Provide support to the nascent NPO tax

reform working group in the form of tax reform working group in the form of tax reform models and technical expertise. reform models and technical expertise.

– Donors and CSOs should make the case to Donors and CSOs should make the case to relevant government officials that, for the relevant government officials that, for the benefit of CSOs, certain tax laws need to benefit of CSOs, certain tax laws need to be reformed. This effort should be be reformed. This effort should be undertaken in the context of a full and undertaken in the context of a full and transparent discussion of the trade-offs transparent discussion of the trade-offs and constraints faced by the government. and constraints faced by the government.

Assessment: Findings Assessment: Findings and Recommendations and Recommendations - Voice- Voice

Finding:Finding:– The Overall Quality of Journalism Is The Overall Quality of Journalism Is

Poor, and Editors, Media Owners and Poor, and Editors, Media Owners and Managers Pay Little Attention to Managers Pay Little Attention to Accuracy and Fairness.Accuracy and Fairness.

Assessment Findings Assessment Findings and Recommendations and Recommendations - Voice- Voice Recommendations:Recommendations:

– Significant resources should be provided to Significant resources should be provided to increase professional training opportunities increase professional training opportunities for Albanian media, journalists and editors. for Albanian media, journalists and editors.

– Training should also address business Training should also address business management issues for media owners and management issues for media owners and managers to improve financial managers to improve financial management of media enterprises.management of media enterprises.

– The government should maintain complete The government should maintain complete separation between its support of these separation between its support of these training efforts and the content or point of training efforts and the content or point of view expressed in them.view expressed in them.

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- VoiceVoice

Finding: Finding: – Defamation Laws Interfere Defamation Laws Interfere

Unreasonably with Journalistic Unreasonably with Journalistic Reporting and the Expression Reporting and the Expression of Opinion.of Opinion.

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- VoiceVoice

Recommendations:Recommendations:– The Albanian Government should The Albanian Government should

repeal criminal defamation laws.repeal criminal defamation laws.– The Albanian Government should The Albanian Government should

raise the evidentiary burden of proof raise the evidentiary burden of proof for civil defamation actions. for civil defamation actions.

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- InformationInformation

FindingFinding– The Freedom of Information Law The Freedom of Information Law

is Not being Implemented is Not being Implemented Effectively by the Government, Effectively by the Government, and the Public Needs Greater and the Public Needs Greater Understanding of the Law.Understanding of the Law.

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- InformationInformation Recommendations:Recommendations:

– Government ministries should adopt regulations regarding the Government ministries should adopt regulations regarding the time, place and manner by which the public can request time, place and manner by which the public can request documents.documents.

– In accordance with the Prime Minister’s order, the government In accordance with the Prime Minister’s order, the government should expedite efforts to establish public information offices in should expedite efforts to establish public information offices in the line ministries to facilitate greater public access to the line ministries to facilitate greater public access to information.information.

– At the municipal level the government should scale up the At the municipal level the government should scale up the establishment of public information centers based on lessons establishment of public information centers based on lessons from existing centers.from existing centers.

– The government should review the current staffing levels and The government should review the current staffing levels and assess the staffing needs to insure that personnel are available assess the staffing needs to insure that personnel are available to receive and respond to all requests for public information.to receive and respond to all requests for public information.

– The government should initiate a comprehensive training The government should initiate a comprehensive training program to enable government officials to understand and program to enable government officials to understand and comply with the requirements of information laws.comply with the requirements of information laws.

– The government should routinely conduct extensive public The government should routinely conduct extensive public information campaigns to explain the public’s legal right to information campaigns to explain the public’s legal right to access government-held information (and the procedures for access government-held information (and the procedures for doing so), and the right to access government places and doing so), and the right to access government places and officials.officials.

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- NegotiationNegotiation

Finding:Finding:

– Public Participation in Local Public Participation in Local Government is at a Low LevelGovernment is at a Low Level

Assessment Findings and Assessment Findings and Recommendations -- Recommendations -- NegotiationNegotiation

Recommendations:Recommendations:– To facilitate public participation in local To facilitate public participation in local

government, municipalities need to adopt detailed government, municipalities need to adopt detailed rules implementing the provisions of the rules implementing the provisions of the Law OFLGLaw OFLG..

– Donors and CSOs should increase their efforts to Donors and CSOs should increase their efforts to strengthen local organizational capacity, especially strengthen local organizational capacity, especially the capacities for community-based performance the capacities for community-based performance monitoring of local governments and service monitoring of local governments and service delivery.delivery.

– Local government officials should receive training Local government officials should receive training on how to incorporate citizen inputs into decision-on how to incorporate citizen inputs into decision-making. making.

Strengths and Strengths and Limitations of the ARVIN Limitations of the ARVIN Methodology Methodology StrengthsStrengths

– Emphasis on Emphasis on Stakeholder Stakeholder involvementinvolvement

– Qualitative and Qualitative and quantitativequantitative

– ““Differentiation and Differentiation and Value Added”Value Added”

– Links with Bank Links with Bank Supported Supported OperationsOperations

– ReplicabilityReplicability

LimitsLimits– Selection of Selection of

Laws/IssuesLaws/Issues– Need to Need to

operationalize operationalize ResultsResults