DRAFT The Compact on Partnership and Development in the Kurdistan Region of Iraq I.
Preamble
This Compact is an agreement between the public authorities, represented by the Legislative and Executive powers, and the Non-governmental organizations (NGOs) of Kurdistan Region of Iraq. The agreement aims to assure that all parties work effectively in partnership for a stronger democracy, civil society and good governance for the benefit of the Kurdistan Region, its communities and citizens. The Compact, a policy document on cooperation, reflects a basic stage in the relationship between Legislative and Executive Powers and civil the NGOs of Kurdistan Region of Iraq. It is “A starting point not a conclusion,” The Authorities and NGOs can achieve a stronger relationship and better communications through the negotiation process, as stipulated in Law (no. 1) of 2011 Law on Non-Governmental organizations in the Kurdistan Region. This agreement is based on the understanding that in the name of a lasting and developing democratic regime, the public sector needs to involve its citizens in, and co-operate with the NGOs on, the decision-making process. This Compact defines: • The mutually complementing roles of public authorities and civic initiative, • The principles of their cooperation and mechanisms and, • Priorities for cooperation and partnership. This Compact contributes to recognize that: • The NGOs remain independent even if they receive funding from public sector. • The effective contribution of the NGO sector to the development of a democratic society. • The independence and diversity of the NGO sector. • The right for the NGO sector to conduct advocacy work in front of the public authorities.
II.
Statement of representation
Statement of representation The Legislative authority, in coordination and consultation with the Executive authority and NonGovernmental organizations [sector], shall develop the Compact provisions, and the Kurdistan Parliament shall ratify the Compact.
III. Values and Principles 1. Equal partnership Public authorities and NGOs have complementary and equally important roles in society. NGOs recognize the role of democratically elected public authorities, while public authorities commit to the right of citizens and their associations to organize, set goals for themselves and execute their activities within the law. Both parties recognize the value of a positive relationship and a productive partnership to follow the public interests more efficiently. 2. Independency NGOs are free and independent to determine and manage their affairs, including their right within the law to campaign, to comment on public authorities’ policies, and to challenge these policies. When they receive allocations from public sector budgets and foundations, restrictions of political nature are to be avoided. 3. Transparency and accountability Concerning the activities and use of allocated resources, acting in public interests requires openness, responsibility and accountability from both the public institutions and NGOs. For ensuring greater transparency, both parties commit themselves for making data and information publicly accessible. 4. Equal treatment NGOs and public authorities respect the equality of all citizens and their associations to access and participate in public life. Both parties recognize the diversity of organizations, their goals and ways of thought, and the need to avoid disparaging and slandering other organizations, their opinions or persons operating therein. 5. Citizen action and participation Citizens’ self-initiative and voluntary participation in public life are an integral part of democratic society. NGOs are channels for representing different values and interests both in policy making and provision of needed services in communities. 6. Effectiveness and Sustainability The Public authorities and Non-Governmental Organizations effectively commit themselves for their undertakings to achieve the Compact goals, and working for a lasting partnership and cooperation to achieve a sustainable development, regardless of any political, economic and social changes.
IV. Desired Goals or aims for this Cooperation, and Commitment Requirements enhancement of a citizenship culture Goal 1: Vivid civil society and capable NGOs Undertakings for the public bodies:
1. Ensure enhanced citizenship culture. 2. The parliament could take the lead in organizing round tables and open discussion to highlight the importance of a civil society and clarify the role of NGOs in a democratic society; Building bridges between the NGOs and the public authority. 3. Provision of capacity building programs for NGOs. 4. Ensure a functioning support system for civic initiative, including consulting and training opportunities that would be available also for small and newly established organizations in order to assist them with their capacity and capability to deliver positive outcomes. 5. Ensure NGOs are supported and resourced in a professional and fair manner where they are helping to achieve public goals. 6. Put in place a system for the E-Registration for NGOs. 7. Ensure greater transparency by making data and information more accessible, helping NGOs and the public to challenge existing policies and provision of services, and hold public authorities to account 8. Consider a range of ways to support NGOs such as enabling greater access to state owned premises and resources. Undertakings for the NGOs: 1. Develop programs and projects for the enhancement of the citizenship’ culture. 2. Organize debates around some concepts such as: democracy, citizenship, civil society, transparency, responsibility, citizen participation in public issues…. 3. Consistently pursue skilled actions, professionalism and perfection in order to achieve better results in their work. 4. Commit themselves for constant learning, developing a clear mission, achievable goals and accountability mechanisms, in order to increase public understanding and trust in NGOs 5. Promote and inform their supporters, members, employees, projects’ beneficiaries and the general public of the mutual co-operation principles, priorities of action and good practices. 6. Commit to respect the right of individuals within the NGO and conform to the principles of democracy (in managing the NGO).
Goal 2: Active participation in the policy making Undertakings for the public authorities: 1. To institutionalize citizen participation in policy making, in the parliament and the government. 2. The parliament could open within its premises a center for cooperation and consultations with NGOs in public policies’ making. 3. The parliamentarians could adopt the principle of open sessions for the public in their communities, organizing public meetings with the public to discuss public policies. 4. To enhance the competences of specialized research centers in order to enable them to contribute to consultations and researches in public policy. 5. Making a law that give the right to information, and putting in place some mechanisms for application.
6. Determine transparent and easily accessible communication channels, inform the interested groups and public thereof 7. Be responsive to the initiatives coming from NGOs 8. Ensure conditions whereby NGOs are able to appoint their representatives to open bodies and committees, and respect the authority given to the representatives; 9. Acknowledge the role of the NGOs’ networks in representing its members 10. Work with NGOs from the earliest possible stage to design policies. Ensure those likely to have a view are involved from the start and remove barriers that may prevent organisations contributing. 11. Give early notice of forthcoming consultations, where possible, allowing enough time for NGOs to involve their stakeholders in preparing responses. 12. Conduct formal written consultations with NGOs, with clear explanations and rationale, when necessary. 13. Consider providing feedback to explain how respondents have influenced the design and development of policies, including where respondents’ views have not been acted upon. Undertakings for the NGOs: 1. Advocate and lobby to ensure that mechanisms for NGO consultation on public policies are in place and applied, in the parliament and in the executive bodies, 2. Promote and respond to government consultations where appropriate 3. Seek the views of members, beneficiaries, service users, volunteers, and trustees when making representation to public authorities. Be clear on who is being represented (in a professional and scientific way), in what capacity, and on what basis that representation is being made. 4. When putting forward ideas, focus on evidence-based solutions, with clear proposals for positive outcomes, and within the agreed time schedule. 5. Support cooperation between different NGOs, at the same time accepting and respecting also other NGOs’ opinions. 6. Ensure independence is upheld, focusing on the cause represented, regardless of any relationship they have with the public authorities, financial or otherwise.
Goal 3: Sustainable funding for the civic initiative Undertakings for the public bodies: 1. Consider a wide range of ways to fund or resource NGOs, including grants, contracts, loan finance, use of premises and so on. Work to remove barriers that may prevent NGOs, especially smaller organizations, accessing public funding. 2. Establishing a Fund to support and fund NGOs. 3. Ensure well managed and transparent Call for Proposals processes, which are proportionate to the desired objectives and outcomes of programmes. 4. Ensure transparency by providing a clear rationale for all funding decisions. Consider providing feedback to applicants in cases when their funding application was turned down.
5. Agree with NGOs how outcomes will be monitored before a contract or funding agreement is made. Ensure that monitoring and reporting is relevant and proportionate to the nature and size of the opportunity. Be clear about what information is being asked for, and why and how it will be used. Recognise and accept to cover the relevant administrative costs when NGOs apply for a grant. 6. Elaborate and devise appropriate instructions [regulations] on the use of necessary monetary and non-monetary resources allocated from public funds, how they used, and how to report and control it. 7. Develop a tax system that supports the civic initiative and charity in order to raise the interest of the private sector to support non-profit activities. 8. Ensure that NGOs are not prevented from activities guaranteed by law for strengthening their economic basis. 9. Financing the NGOs’ project from the Fund and different ministries with competence in the subject areas. 14. Ensure consultations with NGOs and their participating in drafting regulations and instructions, also participation of the NGOs on projects’ evaluation committees (conflict of interests should be considered) Undertakings for the NGOs: 1. Ensure that allocated resources are used for the intended purpose, in an efficient manner in order to achieve the set goals. 2. Ensure eligibility for funding before applying and be explicit about how outcomes will be achieved. 3. Ensure robust governance arrangements to best manage any risk associated with delivering promised outcomes, including giving funders early notice of significant changes in circumstances. 4. Be open and transparent about reporting, recognising that monitoring, whether internal or external, is an aspect of good management practice. 5. NGOs should give public recognition of its funding sources. Goal 4: Responsive and high quality services Undertakings for the public bodies: 1. Elaborate and make public the principles and order for transferring services to the NGOs where appropriate. Follow the same principles of clarity, transparency, and requirements as in case of other financial allocations. 2. Commit to long-term projects’ funding where appropriate, as it is the best way to deliver the objectives [outcomes]. The funding term should reflect the time it will take to deliver the outcome. If a long-term funding would not be applicable, it can refuse the fund and explaining why this decision has been taken 3. If a service is encountering problems, agree with the NGO a timetable of actions to improve performance before making a decision to end a financial relationship. 4. Assess the impact on beneficiaries, service users and volunteers before deciding to reduce or end funding. Assess the need to re-allocate funds to another organisation serving the same group.
5. Give a notice in writing when changing or ending a funding relationship or other support, apart from in exceptional circumstances, taking into consideration the nature of the project and the project duration 6. Use the means at their disposal to involve the NGOs and communities, when appropriate. Undertakings for the NGOs: 1. Plan for the end of funding to reduce any potential negative impact on beneficiaries and the organisation. 2. Involve service users in developing the services to better respond the their needs 3. Use all the means for involving volunteers and communities into service provision, when appropriate 4. Strengthening communications between authorities and NGOs when providing services.
V. Implementation Structure 1. The Government appoints a responsible ministry or body for the implementation of the Compact. 2. The responsible ministry or body, engaging the Parliament and NGOs, puts together a more detailed action plan every year for the implementation of the Compact, setting clear objectives, activities, deadlines, responsible bodies and resources allocated for the fulfilment of the goals. 3. A joint committee is formed between the Parliament, Government and NGOs for monitoring the implementation of the principles of Compact and its action plans. The committee gathers at least four times a year and reports annually to the public about the implementation of Compact and its action plans. 4. Every second year a public hearing is organized in the Parliament to discuss the implementation of the Compact and the development of civil society.