The development of civil society in croatia by United Nations Development Programme in Croatia

United Nations Development Programme

The Development of Civil Society in Croatia

THE DEVELOPMENT OF CIVIL SOCIETY IN CROATIA

The United Nations Development Programme (UNDP) is a global development network, an organisation advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. We are on the ground in 166 countries, working with them on their own solutions to global and national development challenges. As they develop local capacity, they draw on the people of UNDP and our wide range of partners. Short parts of this publication may be reproduced unaltered without authorisation from the author and provided that due reference is indicated. This document represents the opinions of the authors, and does not necessarily represent the official attitude of the UNDP. © United Nations Development Programme in Croatia Kesterčanekova 1, 10000 Zagreb

Publisher: The United Nations Development Programme (UNDP) Authors: Gojko Bežovan and Mladen Ivanović Peer reviewers: Henrieta Capkovicova Editor: Helena Gorančić-Lazetić Translation and proof-reading: Davies d.o.o. Design: Krešimir Kraljević Printed by: Denona d.o.o. ISBN 953-99888-9-6

CONTENTS

CONTENTS 8

FOREWORD

CHAPTER 1: CIVIL SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

1.1. The period before 1990: the heritage of the former SFRY

1.2. Changes in the early nineties: the new Croatian Constitution

1.3. Changes in 2000: the new Government and the Decision of the Constitutional Court

1.4. The current typology of civil society organisations in Croatia and their legal framework

1.4.1. Associations

1.4.2. Foundations

1.4.3. Trade unions and employers’ organisations

1.4.4. Religious communities

1.5. Conclusion

CHAPTER 2: RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

2.1. The relations between 1990 and 1998

2.2. The Office of the Government of the Republic of Croatia for Cooperation with NGOs

2.3. The Council for the Development of Civil Society

2.4. National Foundation for Civil Society Development

2.5. Conclusion

CHAPTER 3: CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

3.1. Strengths and weaknesses of organisations: human resources, financial resources, technical capacity and leadership

3.2. Networks and communication

3.3. Conclusion

CONTENTS

CHAPTER 4: THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

4.1. Public trust in civil society organisations

4.2. The nature of partnerships between civil society and other participants

4.3. Main functions of civil society organisations in Croatia: articulation of interests and demands, protection of civil rights, provision of services and goods

4.4. Influence of civil society organisations on public policy

4.5. Contribution of civil society organisations in individual sectors

4.6. Regional differences in the efficiency of civil society organisations

4.7. Conclusion

CHAPTER 5: CONCLUSION

REFERENCES

FOREWORD 11

Dear reader, This publication provides insight into the development of Civil Society Organisations (CSOs) in Croatia. The publication is not, however, simply a piece of history or an illustration of the rapid progress CSOs have made over the years. Instead, it highlights the importance of CSO involvement and participation in the policy process, decision-making, and programme execution for the benefit of genuine democracy. While citizens have the opportunity to vote for their political representatives, they can also shape their own destinies and that of their children in more direct ways. These contributions should be recognised and promoted, taking advantage of the unique characteristics of diverse CSOs active in Croatia. These interests range from attempts at direct policy impact to contributing to citizenâ&#x20AC;&#x2122;s welfare, their needs and ways for citizens to collaborate with central and local governments. Regardless of their sector of interest, CSOsâ&#x20AC;&#x2122; enthusiasm, as well as their concerns, should be recognised and responded to. Development organisations are usually among the first to promote and support CSOs. However, the establishment of the Foundation for Civil Society Development in Croatia is an example of a national response that, together with national funding provisions for the work of CSOs and certain legal provisions, add to an enabling climate for CSOs. I believe that the Croatian example can be emulated, in whole or in part, by other countries in South East Europe. The role of civil society in Europe will become even more significant as the European Commission initiates a civil society dialogue on enlargement. This initiative aims to establish and reinforce links between civil society in the Member States and in the Candidate Countries, to respond to concerns, improve mutual understanding, and encourage a debate in the society at large about enlargement issues, thus preparing all European citizens for future accession. This publication is meant to contribute to a specific understanding of CSOsâ&#x20AC;&#x2122; potential and of their needs, as well as to encourage the intensification of partnerships among CSOs, government bodies and the private sector. I hope that you will find it interesting and useful in your future work.

Yuri Afanasiev

Resident Representative UNDP Hrvatska

SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

CIVIL SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

CIVIL SOCIETY IN CROATIA– HISTORY AND LEGAL FRAMEWORK 1.1. The period before 1990: the heritage of the former SFRY In the Socialist Federative Republic of Yugoslavia (hereinafter SFRY), the fundamental freedoms that are a precondition for civil society development,1 such as the freedom of public gathering, thought and association were proclaimed as the rights of citizens at the constitutional legal level.2 However, the exercise of these freedoms was supervised by a communist ideological framework which restricted the application of a seemingly acceptable legal system based on the Constitution. In the early nineties, public gathering in Croatia was regulated by an Act dating from 1973.3 The reasons given for prohibiting public gathering, established by this act, could almost pass the most challenging test of democracy.4 However, due to the situation at that time, the Act was interpreted in broad terms and the government permitted public gathering only if its purpose was not contrary to the dominant policy. The legislative regulation of freedom of association in the former Yugoslavia was dealt with at the federal level until the 1970s, and the same federal law was in force in all the republics. Only in the late 70s was competence for the regulation of issues of free association devolved to the level of individual republics, and the Parliament of the Socialist Republic of Croatia (hereinafter: SRC) adopted in 1982 the Act on Social Organisations and Associations of Citizens as the basic legal framework regulating the right to free association. The Act established two forms of association (social organisations and citizens’ associations) with different legal and political treatment, and the source of this division was the attitude of the then legal and political system towards ownership. Social organisations represented a form of association whose existence was at the mercy of the government: such organisations used and disposed of the property yielded by the state, and they were financed by the state. The formal association of interest groups, in particular those which had at least a minor presence in the public or acted for public benefit, could not be achieved at that time in any form different from that of a social organisation (for example, hunting associations, holiday associations, professional associations, chambers and the similar could be registered only as social organisations). 5 1 The Definition of civil society used in this document is as follows: civil society is an area of institutions, organisations, networks and individuals

(and their values) situated between the family, state and market, connected by a series of civil rules that they share among themselves, and in which people associate voluntarily in order to advocate common interests. 2 The Constitution of SFRY of 1974 establishes in Article 166 “The freedom of thought and choice“, in Article 167 “The freedom of press and other

forms of information and public expression is guaranteed, as well as the freedom of association, freedom of speech and public appearance, freedom of meetings and other types of public gatherings“, and in Article 174 “The choice of religion is free and is an individual’s private matter“. The SRC Constitution of 1974 contains equivalent provisions. 3 The Public Assemblies Act (Official Gazette No 26/73 and 31/88). 4 The reasons for the possible prohibition of public gathering were the following: disturbance of public order, harming public morale, commission of

a criminal offence, protection of the health of citizens, and attack on the constitutional order. 5 The possibility for informal association was neither recognised nor tolerated by the legal and political system of the former SFRY.

CIVIL SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

In contrast, citizens’ associations were a form of association closer to today’s associations. Individuals freely joined and governed such associations, which could also own movable and immovable property. However, citizens’ associations were not encouraged or stimulated by the state in any manner (by tax regulations or the like). The registration of citizens’ associations and social organisations was performed by the police, making slowness and strictness the main features of the registration procedure. More social organisations were registered than citizens’ associations.6 In terms of the procedure and conditions for registration, social organisations and citizens’ associations did not differ significantly, i.e. they required the coming together of at least ten founders, and the registration procedure was almost identical in the technical sense. Nevertheless, the Socialist Union had to state its opinion on the need to establish a new social organisation, which was an obligatory condition for registration. The registers into which social organisations and citizens’ associations were entered were separated. Although freedom of religion was established by the Constitution, both the federal Constitution and the Constitution of the SRC, and though the exercise of religion was not prohibited,7 closeness to the church nevertheless represented an obstacle in the performance of public duties. Views on any socially important issue, which differed from the attitudes of the communist party, were strongly attacked, and under certain conditions the expression of such views could be subject to criminal prosecution. Foundations disappeared after World War II, and their property was nationalised or forcibly alienated.8 It is interesting to note that the only regulation of the SRC that mentioned foundations was the Inheritance Act, which prescribes in Article 87: “The testator may order in his will that a thing, a right, a part of the estate or the whole estate be used for the achievement of some permissible purpose. If the testator orders the establishment of a cooperative and determines the funds for the achievement of its purpose, the cooperative shall be established upon receipt of the permission from the competent state body.” However, since there was no legal framework for the registration of foundations, or a “competent state body” that could give the necessary permission, this provision of the Inheritance Act could not be applied in practice. Trade unions in the SRC were not freely established organisations advocating and fighting for workers’ rights; rather, their establishment and activity was mostly aimed at promoting the idea of workers’ selfmanagement. Therefore, they did not represent a form of free association, but were social organisations largely dependent on party discipline, providing cheap food and other goods for their members, and did not engage in veritable union work. Finally, the political system of the SRC did not allow political thinking or any activity different from the thinking and activity of the ruling communist party, and there was no framework for the activity of political parties. Nevertheless, in the late 1980s political options different from the ruling communist party started to emerge, but, lacking an adequate legal framework, they could be registered only as citizens’ associations. 9

6 Since there was no single register, there were no statistics to express precise data on the number of social organisations. Therefore, the authors base

this assumption on personal experience gained from working on one of the registers. 7 During the eighties and nineties the religious communities in the SRC acted pursuant to the Act on the Legal Position of Religious Communities

of 1978, which was amended only once in over two decades (1988). The application of the Act, however, caused many practical problems. One of its basic characteristics (and one of the basic objections) was the acquisition of the legal personality of a religious community on the basis of the act itself, without the prescribed registration procedure or record keeping. Such a manner of acquisition of legal personality resulted in the absence of complete records on active religious communities in Croatia, and it was not clear either when a particular religious community acquired or lost its legal personality, or who was authorised to represent it, which created difficulties in the realisation of certain rights and in the establishment of commitments. 8 Brežovan, Dika, Ivanovic “FOUNDATIONS: Activity and Establishment“, CERANEO, 1999, p. 26 9 For example, the Croatian Democratic Union (HDZ), the political party of Franjo Tuđman, was registered to begin with as an association.

CIVIL SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

The communist ideology did not tolerate individualism, but rather emphasised collectivism whereby the community catered for the needs of individuals at all levels of social life. The eradication of individualism that lasted for half a century raised generations of citizens who became used to having their problems resolved by somebody else (the state, municipality, neighbourhood association, company in which they were employed), and who grew accustomed to accepting that they were not expected to do anything on their own initiative, and that their independent action could not produce any kind of effect.10 It was very difficult for civil society to develop in such an environment and it is therefore right to say that during SFRY civil society did not exist in Croatia. Nevertheless, there was a minimum of experience and tradition of association, which to a considerable extent facilitated and made possible a relatively quick development of civil society organisations once the conditions were fulfilled.

1.2. Changes in the early nineties: the new Croatian Constitution Several parties stood in the general elections of April and May 1990, for the first time after 45 years of a single-party system. The Croatian Democratic Union (HDZ) won an absolute majority at the elections and took legislative and executive power by winning 60% of the total number of seats in Parliament. One of the first steps in overhauling the political and legal system was to change the Constitution of the SRC, which took place eight months after the multi-party elections. The so-called “Christmas Constitution” was adopted by the Croatian Parliament on 22 December 1990. Among other civil freedoms, the Constitution of the Republic of Croatia also regulated the issue of the freedom of thought and free association and gathering, and in that manner created the basis for a legal framework that would encourage the development of civil society in the Republic of Croatia.11 However, the adoption of the Constitution did not in itself stimulate the speedy development of a stimulating legal framework for civil society development. One of the important reasons for this was the fact that the political elite of the time, headed by the President of the Republic Franjo Tuđman, did not think that civil society was important for democratic development, and it systematically neglected it, which resulted in an almost paranoid campaign against the more distinguished activists and more prominent civil society organisations in the late nineties. Taking into account such a conception of civil society, it is no wonder that, seven years after the adoption of the Constitution of the Republic of Croatia, it became necessary to establish basic regulations for the activities of non-governmental organisations, shown in chronological order in the table below:

10 http://www.ceraneo.hr/civilno_društvo.htm “Civic engagement in the resolution of their problems and community problems is not the usual manner of

acting for the majority of citizens. Most of our citizens have developed views that the government – state is responsible for the solution of their problems.” 11 The provisions of the Constitution regulating the mentioned rights of citizens are the following:

Article 40 Freedom of conscience and religion and freedom to manifest religion and other convictions shall be guaranteed. … Article 42 Everyone shall be guaranteed the right of public assembly and peaceful protest, in conformity with law. Article 43 Everyone shall be guaranteed the right to freedom of association for the purposes of protection of their interests or promotion of their social, economic, political, national, cultural and other convictions and objectives. For this purpose, everyone may freely form trade unions and other associations, join them or leave them, in conformity with law. The exercise of this right shall be restricted by the prohibition of any violent threat to the democratic constitutional order and independence, unity and territorial integrity of the Republic of Croatia.

CIVIL SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

Table 1. Basic regulations concerning the establishment and activities of civil society organisations

Title of act

Year of adoption

Description of contents

Humanitarian Aid Act

1992.

Partially regulates the status of humanitarian organisations

Political Parties Act

1993.

Regulates the establishment, activities and termination of political parties

Act on Foundations and Trusts

1995.

Regulates the establishment, activities and termination of foundations and trusts

Labour Act

1995.

Regulates the establishment, activities and termination of employers’ associations and trade unions

Associations Act

1997.

Regulates the establishment, activities and termination of associations

Such an adoption of basic laws, tardy in itself, only happened after strong political pressure from international institutions which indicated the need to create a favourable environment for the development and activities of civil society. One of the most important moments in the development of civil society in Croatia during the nineties related to the adoption of the Associations Act (1997). This Act, in addition to establishing different criteria and regulating the manner of free association, had another important role: it had to resolve the issue of the transformation of social organisations into associations, and, even more important, the issue of the privatisation of their property. Since there were far more social organisations than citizens’ associations, their assets were relatively numerous (resorts of holiday associations, real estate of mountaineering societies and hunting associations, and others), and their transformation became a key issue to determine whether civil society would be poor or would have the financial support of the state. The manner in which the Association Act resolved this issue brought many complaints from the interested public. Article 38 paragraph 1 of the Associations Act prescribed the transfer of assets of all former social organisations to state ownership,12 only returning them to associations that were the legal successors of the social organisations on the basis of specially adopted decisions. The only exceptions to the mentioned transfer of ownership to the state were certain categories of associations: fire departments, the Central Croatian Cultural and Publishing Society, and associations of members of ethnic and national communities or minorities. Although the assets of trade unions did not become state property immediately after the entry into force of the Associations Act, the unions were given a deadline of 180 days to agree upon the division of real estate used by the former unions of the SRC. But the Act also prescribed that the said assets would, if the unions did not agree on the manner of their division and after the expiry of the deadline, ex lege become the property of the Republic of Croatia. These provisions were also subject to a review of the constitutionality of the Associations Act, but the Constitutional Court ruled that they did not violate the Constitution.13 The issue of the division of trade union assets has still not been resolved.

12 The provision reads: “Socially owned real estate that, until the entry into force of this Act, was held by social organisations, or which these social organisations had the right of use, by the date of entry into force of this Act become real estate owned by the Republic of Croatia unless otherwise prescribed by this Act. 13 In the Decision and Ruling of 2000 the Constitutional Court pointed out: “Taking into account that this is a transformation proceeding ( transition) in

which ownership and its holders are established, and that other transformations were conducted according to similar rules, and that account was taken of the interests of associations (unions) in the proceedings and the state was obligated to fulfil those interests in a satisfactory manner, it should be concluded

CIVIL SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

1.3. Changes in 2000: the new Government and the Decision of the Constitutional Court 18

The fragile civil society in Croatia saw the end of 1990s with a central government not inclined towards it and with a legal framework that required serious reconstruction. The Associations Act, in spite of the positive changes it introduced, turned out to be a product of a specific historical and political moment, and contained a series of provisions contrary to the Constitution and the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter the European Convention).14 For example, the Act did not regulate the issue of informal associations of citizens, but only the legal position of associations registered and acquiring legal personality; it contained provisions that discriminated against foreigners in relation to nationals; it established the right of the registration body to prescribe temporary prohibition of work of associations for questionable reasons, and prescribed exceptionally high fines for infringements, etc. The deficiencies of the Act raised more and more objections from the interested public, but without much response from central government. In January 2000 the Croatian Democratic Union lost the general election ten years after they had first taken power. A unified opposition headed by the Socialist Democratic Party took over. A new political climate was created, and there were expectations of a different relationship towards civil society. For the first time since the independence of the Republic of Croatia, the new government incorporated the development of civil society into its programme, thus showing how different it was in comparison with the former government. Since it was clear that in some areas the Associations Act of 1997 violated the Constitution and the European Convention, several motions for a review of the constitutionality of the Act were submitted, the most comprehensive one being submitted by two associations: the Centre for the Development of Non-Profit Organisations (CERANEO) and the Croatian Law Centre (CLC).15 The Constitutional Court adopted a Decision and a Ruling in 200016 and repealed a series of provisions in the Act that violated the Constitution and the European Convention. Apart from the content of the views expressed, the importance of this judgement lies in the fact that while decisions from international judicial bodies in relation to issues of the freedom of association are relatively rare, the decisions of Croatian administrative and judicial bodies hardly exist at all. Therefore, the decision of the Constitutional Court was of particular importance due to its stance on certain issues about which legal practice had never expressed its opinion until then. Moreover, in many cases, in applying the Act too literally, legal practice had raised serious obstacles for the further development of civil society. After the publication of the Decision and Ruling of the Constitutional Court, it became clear that the amendments would not be sufficient to “correct” the Act and that a new Act needed to be adopted. The legal opinion of the Constitutional Court was accepted as an important nomothetic guideline which had to be taken into account in drawing up the new text of the Act. Some of the important views expressed by the Constitutional Court are the following:

that the provisions of Article 38 of the Associations Act are not contrary to the Constitution. Therefore, motions for a review of constitutionality in relation to this Article are not admissible…“ 14 This refers to the European Conventions and Protocols 1, 4, 6, 7, and 11 to the Convention. 15 In addition to CERANE and CLC, motions for a review of constitutionality were submitted by the Croatian Hunting Association, the Trade Union of

Construction Workers, the Croatian Association of Trade Unions, etc. 16 See the Decision and Ruling of the Constitutional Court No. Us-No. U-I-884/1997, U-I-920/1997, U-I-929/1997, U-I-956/1997, U-I-453/1998 and U-I-

149/1999 of 3 February 2000, Official Gazette, No. 20/00.

CIVIL SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

- the legislator did not respect the proportionality principle when adopting the Associations Act and “… in some cases the scale was tipped too far away from the constitutional freedom of association and too much towards legal restrictions…” - “…different non-governmental organisations (“NGOs”), regardless of whether they are legal persons or not, both in the world and in Croatia, have become important social society institutions and factors in the modern democratic development of the country and of social life.” - “...the restriction related to the principle of reciprocity is not justified because there is no reason (lawful goal) for a restriction of the right of foreigners and foreign legal persons to freedom of association, which is one of the cornerstones of civil society, for reasons related to the actions of their country of origin.” - “.. in Article 11 paragraph 3 of the Act, in addition to the regulation of elements necessary for the basic legal act of an association, the detailed and too complicated definition of the necessary (lawful) content of the statute of an association restricts the freedom of association which presupposes freedom of internal organisations and the level of normative regulation of relations within an association…” - “…Transformation (of rights on things of social organisations) is not only a legal, but primarily a political and economic issue, and the legislator should be entrusted with regulating and conducting the transformation procedure. The Constitutional Court is not authorised to examine the appropriateness and justifiability of certain models of transformation, but only whether regulations on transformation violate fundamental human rights and freedoms… The basic rule referred to in Article 38 is that, apart from some exceptions, state-owned real estate over which, prior to the entry into force of the Associations Act, only social organisations had the right of disposal and use, after the entry into force of that Act shall become the ownership of the Republic of Croatia… The provision is in compliance with other provisions on transformation and, by itself, and taking into account that it is of a transitional nature, it is not contrary to the constitutional guarantee of the right of ownership (Articles 48 and 50 of the Constitution). “

In the Decision and Ruling that provided very elaborate statements of reasons, the highest legal authority in Croatia for the first time expressed its views not only in relation to some of the acts that regulate free association, but also in relation to some general issues related to freedom of association. For these reasons, this Decision and Ruling of the Constitutional Court may be regarded as a turning point in the development of civil society in Croatia.

1.4. The current typology of civil society organisations in Croatia and their legal framework The Croatian legal system today recognises several types of civil society organisations, each of which is regulated by special rules determining the manner of its foundation, activities and termination. An overview of the most usual civil society organisations is presented below, with some indications of the legal framework that regulates a certain type of organisation. It should be noted that other active organisations exist in addition to those mentioned in the overview.17

17 Political parties, non-profit organisations and economic interest groups are left out of this overview since they are legal forms which, although

non-profit, stand on the border of civil society.

CIVIL SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

1.4.1. Associations18

Associations are the most numerous of civil society organisations in Croatia.19 The concept of an association is regulated under Article 2 paragraph 1 of the Associations Act: “An association within the meaning of this act means any form of free and voluntary association of a number of natural or legal persons, which, for the purpose of the protection of their interests or for the purpose of advocating human rights and freedoms, as well as ecological, humanitarian, IT, cultural, national, pro-natal, educational, social, professional, sports, technical, health, scientific or other beliefs and goals, and without the intention to acquire profit, are subject to rules regulating the organisation and acting of that type of association.” An association may be founded by at least three founders, and the founders may be natural and/or legal persons (domestic and foreign). Also, associations may act in an informal manner, without registration and legal personality, with the relations between founders being regulated by the application of a notion of partnership within the meaning of the civil obligations system.20 Today, many associations in Croatia have become an important factor in social life. The spectrum of issues they deal with is broad, so there are associations whose main activities are the advocacy and initiation of public campaigns on issues of public interest (gender equality, consumer protection, human rights, etc.); there are those that provide certain services (for example in the area of social welfare and health); some that satisfy only the needs of their members (professional associations), and others. Associations like the Centre for Peace, Non-Violence and Human Rights in Osijek (building of a society based on a culture of peace), B.a.B.e. (lobbyist, feminist association), the Associations “Mi” (psychosocial work), SOS Children’s Village Croatia (care for children without adequate parental care), GONG (monitoring of elections and education of citizens in this area) and many others have developed in the social life of Croatia and have become an important catalyst for civil society development.

1.4.2. Foundations Foundations existed in Croatia in the early 20th century, but completely disappeared after World War II when the communist government closed the existing foundations, and nationalised or alienated their property. The Foundations and Trusts Act21 brought foundations back into the Croatian legal system in the mid 1990s. Pursuant to the provision of Article 2 paragraph 1 of this Act, a foundation means “property intended to permanently serve the achievement of some public benefit or humanitarian purpose on its own, that is, by the income it acquires.” A trust has all the features of a foundation, but for a limited duration (up to five years). The Foundations and Trusts Act is the only regulation regulating the status of civil society organisations which, so far, in spite of criticism from the expert and interested public, still has not been amended. Part of this criticism is directed towards the registration procedure for a foundation, during which a registration body must adopt several separate rulings in order to complete the procedure.22 In addition, state control over foundations exceeds the control necessary in a democratic society because a registration body is

18 The establishment, activities and termination of associations are regulated by the Associations Act (Official Gazette, no. 88/01 and 11/02). 19 Data published in the media mention about 25,000 registered associations. 20 For the institute of partnership, see the Civil Obligations Act (Official Gazette no. 35/03), Art. 637-660. 21 The Act was published in the Official Gazette nos. 36/95 and 64/01. 22 During the registration procedure, the following rulings are adopted: the ruling on the establishment of a foundation, on the appointment of a temporary manager, on the appointment of a manager, on the approval of the statute, and on the establishment of the bodies of the foundation.

CIVIL SOCIETY IN CROATIA – HISTORY AND LEGAL FRAMEWORK

authorised to intervene not only during the registration procedure but also in different aspects of the conduct of business of a registered foundation.23 A non-stimulating legal framework characterised by a complicated registration procedure and severe government control over registered foundations is one of the reasons why foundations in Croatia did not develop more significantly during the 1990s, with the result that only just over 70 foundations have been registered in Croatia.24 However, in spite of a relatively small number, some of these registered foundations have become very recognisable to the wider public (the Humanitarian Foundation for the Children of Croatia, the Prof. Marijan Hanžeković Foundation, the Zlatko Crnić Foundation, and others). Some have been founded by the Republic of Croatia (the National Foundation for Science, Higher Education and Technological Development, the National Foundation for Civil Society Development); other corporative foundations have been founded by individual companies) (the SimBex Foundation, the Partner Bank Educational Foundation, the Maglite Foundation); the foundations of local communities (the Foundation of the County of Bjelovar-Bilogora, and the Foundation for the Maintenance and Reconstruction of the Rural Heritage of Istria) are also becoming increasingly important.

1.4.3. Trade unions and employers’ organisations The establishment, activity and termination of trade unions and employers’ organisations are regulated by the Labour Act.25 The rules of establishment and acting are largely identical to the general rules of establishment and acting of associations. However, some issues have been dealt with differently, in accordance with the peculiarities of the tasks of these civil society organisations. For example, a trade union may be founded by at least ten natural persons of age and who are capable of work, while the foundation of an employers’ association requires three legal or natural persons of age and who are capable of work. Furthermore, in addition to the usual obligatory elements, the statute of an association (trade union or employers’ association) must contain provisions on the bodies authorised to conclude collective agreements and on the conditions and procedure for organising industrial action. Finally, depending on whether the association is active in one or more counties, the state administration office in the county competent for labour, or the ministry competent for labour, is responsible for registration. Some large umbrella trade union organisations (so-called trade union head offices) include most of the unions registered in Croatia: the Association of the Independent Trade Unions of Croatia, the Croatian Trade Union Association, the Workers’ Trade Union Association of Croatia, the Foundation of Croatian Public Service Trade Unions, the Services Union UNI-CRO, etc.

1.4.4. Religious communities The denial of religion in practice lasted for 45 years, ending in the early 1990s with the opening of space for the free expression of religious beliefs. In spite of that, for a long time religious communities did not have any special legal framework to regulate their establishment and activities. Only the Catholic Church, as the dominant religious community in Croatia, by concluding an agreement between the Holy See and the Republic of Croatia,26 managed to settle certain issues with the Republic of Croatia for their mutual benefit. 23 For example, in addition to being authorised to refuse the registration of a foundation if its purpose “obviously would not be serious..”, under certain conditions it may appoint members of the foundation management bodies, a commissioner to take over all the duties of a management body, etc. 24 See Country Report on Human Rights Practices for 2004, at the following Internet address: http://www.state.gov/g/drl/rls/hrrpt/2004/41675.htm.

According to this document, there were only 71 registered foundations in Croatia in 2004. 25 See Art. 167-193 of the Labour Act – amended text ( Official Gazette no. 137/04) 26 In 1997 the Republic of Croatia and the Holy See concluded a total of three agreements: on legal issues; on the spiritual guidance of Catholics, members of the armed forces and police of the Republic of Croatia; on cooperation in the fields of education and culture.

CIVIL SOCIETY IN CROATIA â&#x20AC;&#x201C; HISTORY AND LEGAL FRAMEWORK

The Act on the Legal Position of Religious Communities was adopted in 2002,27 and was accompanied by objections from the interested and expert public.28 Despite some doubts, the Act was adopted and the religious communities, for the first time in several decades, were able to prove their existence and lawful activities in the territory of the Republic of Croatia by means of a document issued by a competent body. Some provisions of the Act on the Legal Position of Religious Communities are still raising concerns because they insist on restrictions that are unacceptable in a democratic society. For example, the procedure for the registration of newly-founded religious communities is much more complicated than the registration of religious communities that were active in the Republic of Croatia at the moment when the Act entered into force. One of the conditions for entry into the Records of Religious Communities in the Republic of Croatia is that a religious community must have been active in the Republic of Croatia as an association with a legal personality for at least five years, for which it has to provide adequate evidence (a document showing that the newly-founded religious community has been registered in the register of associations as a community of religious persons for at least five years). However, religious communities and associations are different kinds of legal persons regulated by different laws. Therefore, a religious community may not in any way be registered as an association, and the consequence is that no new religious community may fulfil this condition. In other words, the Act has limited the possibility for the registration of new religious communities. Religious communities are entered into a single Record of Religious Communities in the Republic of Croatia which is managed by a body competent for administration. 29

1.5. Conclusion The dynamics and progress of the creation of civil society in Croatia have to a significant extent been determined by the war that started in parallel with the political and economic transition of Croatia. The lack of understanding of the political elite for issues concerning civil society resulted in the tardy creation of the political preconditions for the creation of civil society during the 1990s, and in the slow creation of a legal framework for the establishment and activities of civil society organisations. Under such conditions, civil society organisations were not able to exert greater influence on the more speedy building of the conditions necessary for the development of civil society. However, even in an atmosphere that can at best be described as unfavourable, if not repressive, civil society in Croatia managed to survive and reach an admirable level of development. The legal framework that currently regulates the activities of civil society organisations in Croatia has to a large extent been harmonised with the standards of developed democracies, except for the Act on Foundations and Trusts which is soon to be amended. Many civil society organisations have developed in such an atmosphere and have become an important factor in social life. However, the process is far from complete because philanthropy and other civic values that form a basis for the development of civil society still have not reached the level at which these organisations can develop independently of political, social and other societal changes. The institutional and legal framework, as well as the level of organisation of citizens, is still very fragile and its maintenance requires constant care and attention, as well as continuous consideration of possible improvements.

27 The Act was published in the Official Gazette, no. 83/02. 28 One of the objections was related to the fact that no religious community will ever be in an equal position following the conclusion of the

concordat with the Holy See, because the Catholic Church has more rights than any other religious community. 29 While this text was being written, the Records were kept by the Central State Office for Administration.

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY This chapter analyses the relations between the government and civil society organisations since 1990, that is, since the political changes that led to the introduction of a multi-party system and market economy. The concept of government covers the state and local and regional government. The terms civil society and civil society organisations have only relatively recently been used in Croatia. Before that, the terms non-profit and non-governmental organisations were more frequently used. In this period, which was mostly characterised by the war and the crisis of refugees and displaced persons, a shift has been evident in the relationship between the Government and civil society, from hostility and distrust towards a programme of cooperation. The important events during this time were the establishment of the Office for Cooperation with NGOs of the Government of the Republic of Croatia, the Council for the Development of Civil Society, and the National Foundation for Civil Society Development. ”Policy documents” are also very important in understanding the relationship between the state and civil society, and on the basis of these documents relations with civil society organisations have been developed. In general, the relations between the government and civil society were to a great extent determined by the socialist heritage.

2.1. The relations between 1990 and 1998 Citizens’ associations and social organisations, which had been founded and which were active prior to 1990 in Croatia, were mostly directly and indirectly controlled by the government. Even then, some citizens’ associations, which dealt with environmental protection and the position of women in society, were expressing their lack of agreement with the government. Groups of researchers in the social sciences were responsible for broaching discussion on these subjects. These circles were preoccupied with the following themes: democratisation, pluralism, human rights and a multi-party system. At that time, civil society initiatives were recognised as an alternative to the dominant values and to cultural models.30 Intellectual circles, often politically coloured, were seen as an opposition to the political mainstream. It is important to mention that a circle of church organisations, mostly connected with the Catholic Church and Caritas, was active prior to 1990. These organisations acted primarily in the social field and drew together the young, part of them belonging to the ecumenical movement. With the political changes in Croatia, part of the opposition political movement, which was regarded as civil society, founded political parties. In the early 1990s, the principal idea was to establish political

30 We are not aware of any empirical research dealing precisely with this period of civil society development in Croatia. However, a thematic issue of

the magazine “Views” (1998) is a key to understanding civil society at that time. Little research into civil society was conducted in Croatia and texts dealing with the issues of civil society development in Croatia, particularly those from the 1990s, are rare.

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

parties, and the role of civil society organisations was not recognised in this sense. It is interesting to note that the programmes of the newly-founded parties, some of which were of a broader programmatic character with an emphasis on the country’s development, almost never raised the concepts of civil society, civil initiative or citizens’ participation. The issues that existed with the previously-founded social organisations and citizens’ associations, in particular with well-recognised social organisations in the fields of social policy, culture, recreation, youth action, mostly related to problems of financing. The political changes led to the dismissal of some of the management of these organisations, and members or supporters of the ruling party took their positions. Therefore, the criterion of political suitability had again raised its head. The importance of the role of citizens, civil participation, civil initiatives and civil society organisations (Pusic, ed. 1992) cannot be seen in serious studies of independent and distinguished experts dealing with the country’s development. In analysing the relations between civil society and the government, it is important to state that the civic engagement of citizens for the resolution of their own problems, as well as for problems within the community, is not usual for most citizens. In the early 1990s, most citizens had developed views, inherited from socialism, that the government - the state - was responsible for the resolution of their problems. There was no concept of the development of a common good to prompt citizens to act. In such a framework, the incentives for the establishment of new civil society organisations were more or less negligible. It could be said that, as a subject of discussion, the development of civil society did not exist. Civil society in Croatia became important only during the war. There were attempts to mitigate the great refugee and displaced persons crisis through the activities of civil society organisations with the aid of foreign organisations and foreign donors. Civil society organisations, mostly associations, played a very important role during the Homeland War because they assisted with the care of war victims. At that time, solidarity was at an enviable level. However, research has shown that solidarity had already become weaker by the mid 1990s and that citizens involved in civil organisations turned to their own problems (Bežovan, 1995). The withdrawal of citizens and the weakening of solidarity are linked to the deepening of the economic crisis, non-democratic governance, the non-stimulating atmosphere and the preoccupation of people with their own and domestic problems. The developmental crisis of civil society in Croatia needs to be linked to the crisis of the middle layers of society and to the economic crisis in general. In cooperation with foreign organisations, the problem was often expressed of the Croatian capacity to accept all that was offered, that is, a purposeful distribution of profit. These organisations triggered the development of a whole series of associations in Croatia and provided significant technical assistance for Croatian associations.

Table 2. The number of newly-founded social organisations and citizens’ associations from 1991 to 1997

Year

Social organisation

Citizens' association

Total

1991.

591

653

1992.

611

256

867

1993.

415

509

924

1994.

292

923

1,215

1995.

213

1,364

1,577

1996.

103

1,556

1,659

1997.

1,263

1,313

Source: Central Bureau of Statistics, special processing

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

At that time, the state began sheepish cooperation with civil society organisations at different organisational levels, including local self-government units, countries, ministries and other government bodies. Numerous organisations of members of certain auxiliary professional groups (psychologists, doctors, social workers) were founded and expressed their readiness to provide services to war victims, which they actively carried out. Other organisations were founded as well, as a result of the self-organisation of endangered groups during the war or out of solidarity with them (Table 1). These organisations were often established on an ethnic basis. Humanitarian aid was collected by state institutions as well (schools, hospitals, social welfare centres, other social institutions), by municipalities and towns, as well as by companies. Some distinguished persons from public life presented themselves and were recognised as founders of humanitarian organisations.31 Churches and church organisations linked into broader international networks also played an important role. Many of them accepted significant amounts of humanitarian aid from Croatian emigrants and from numerous organisations that had been established in order to assist Croatia. For the purpose of control and to direct that process, the Humanitarian Aid Act was adopted in December 1992. It was already during discussions on the adoption of the Act that a great deal of distrust was expressed in relation to independent civil organisations. It was even pointed out that since the Red Cross and Caritas already existed, other organisations should not be involved in the distribution of humanitarian aid. Doubts of abuse during the distribution of humanitarian aid were often expressed in public. According to that Act, humanitarian aid is a material good intended in the widest sense of the word for war victims, refugees and displaced persons, persons in need of social protection, and other beneficiaries of social protection, defined by special regulations. The Act applied to citizensâ&#x20AC;&#x2122; associations and social organisations, that is, to humanitarian organisations, one of whose goals was the collection and distribution of humanitarian aid. The Act defines public interest in the provision of humanitarian aid. Humanitarian organisations could not collect and distribute humanitarian aid without the prior consent from the Ministry of Labour and Social Welfare. The competent ministry could refuse its consent when it assessed that the sources and criteria, as well as the manner of collection of humanitarian aid, were not in the public interest. The duty of humanitarian organisations was to keep records of users and of the scope of collected and distributed aid and to notify the competent ministry of this pursuant to regulations. In line with the needs, the Ministry, pursuant to the Act, could propose the allocation of humanitarian aid to humanitarian organisations.32 Some humanitarian organisations offered comprehensive and distinguished psychological assistance programmes to war victims, and cooperated with the state and other public institutions. Part of these civil society organisations cooperated with the Office for War Victims and the Office for Refugees. Humanitarian organisations were more frequently coordinated through foreign organisations from which they received assistance.33 Among the foreign organisations, an important role was played by UNHCR which provided assistance for the emergence and development of national civil society organisations. The Act prescribed that religious communities and other domestic legal persons, in addition to humanitarian organisations, may collect and distribute humanitarian aid after having notified the Ministry of Labour and Social Welfare. This differentiation between the above-mentioned legal persons may be interpreted as a lack of confidence in social society organisations that arose as a result of the

31 In this sphere of initiatives, it is interesting to note that wives of distinguished politicians were often involved in the collection and allocation

of humanitarian aid on the basis of a model and of experiences from developed countries. The organisations founded by them often enjoyed a monopoly in advertising on public television and in other media, and in donations provided from the economic sector. These activities were aimed at securing the necessary legitimacy for the activities of civil organisations. With the loss of political power, these organisations lost their reputation in the eyes of the public, as well as the mentioned monopoly. In addition, the media wrote about the scandals related to the Save the Croatian Children Foundation. Such cases did not support the idea of giving for public benefit and for humanitarian purposes in Croatia. 32 Immediately after its adoption, it was intended to amend the Humanitarian Aid Act precisely in the part concerning the autonomous allocation of

the collected humanitarian aid in order to subject the organisations to more control and to the opportunity to allocate the collected aid. 33

At that time ICVA (International Council of Voluntary Organisations) was active in Croatia. Within the framework of this office, the initial discussions were conducted on the possibilities for the self-organisation of national organisations and for the establishment of a relevant network.

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

freedom of association of citizens. Therefore, the distrust of the state towards civil society organisations may be recognised from the very beginning of their activities. Many social needs that could not be satisfied from the state programmes were satisfied by the collection and allocation of humanitarian aid and by the provision of psychological aid. This was clearly additional value provided by the above-mentioned initiatives. It is equally important to stress that solidarity, which was at a relatively high level in Croatia at that time, was institutionalised through those organisations. Research on the work of humanitarian organisations conducted in 1995 (Bežovan, 1995) recognised their developmental crisis. The state did not trust or consult them, or include them into its programmes; it did not encourage their work by awards or acknowledgements; there was no stimulating legal or tax framework for the development of their activities. On one hand, the state took a patriarchal position in relation to the above-mentioned organisations, and on the other hand it suspected them of abuse of humanitarian aid. The suspicions were often expressed in the form of inappropriate statements at public gatherings and in the media. In order to stop the processes of the reselling and usurpation of humanitarian aid, the Government founded the Commission for the Supervision of Work of Humanitarian Organisations which submitted a supervision report on the work of domestic and foreign organisations in 1995. Irregularities were discovered in a number of foreign organisations. Only 25% had a licence to work, as opposed to 85% of domestic organisations. Only 50% of domestic organisations satisfied the criteria for the collection and distribution of humanitarian aid (“Vjesnik”, 8 May 1995, “Humanitarian does not mean legal”). The relation between the Government and civil society organisations was based in that period on several other “policy documents” which for the first time dealt with cooperation between the state and civil society organisations. The social programme of the Government of the Republic of Croatia of March 1993, as the basic framework for the implementation of the social welfare policy, promoted the principle of subsidiary in social policy. However, it made only passing reference to social society organisations. It was stated that “…humanitarian organisations (Caritas, the Red Cross and others) have the right to assist citizens on the basis of their own criteria” (1993:32). Besides, according to the Programme, and for the purpose of protecting the layers of population that are socially worst off, aid from both humanitarian sources and donations should be used. In order to ensure rational, efficient and proportional use of all resources, the Ministry of Labour and Social Welfare was to prepare instruments for the coordinated activities of humanitarian organisations, religious communities and others engaged in the collection and distribution of humanitarian aid. In this way, the Government social programme put organisations into a passive position, failing to recognise their potential, and tried instead to coordinate and control them. An important document from this period is the Programme for the Fulfilment of the Social Needs of Citizens of the Republic of Croatia for the period between 1997 and 1999 adopted after a debate in the Croatian Parliament in 1996. The Programme opened broader opportunities of participation for nongovernmental organisations and for the non-profit sector in the care of poorer older persons, disabled persons, children and young people at risk, and other socially endangered persons. Therefore, the document provided an important incentive for the improvement of relations between the state and civil society. Social programmes in Croatia began relatively late to recognise the role of civil society organisations and, generally, the importance of citizen participation in such initiatives at the level of local communities. The National Employment Policy adopted in 1998 made references to the Social Welfare Act, which entered into force in early 1998 and which provided for the role of non-profit and non-governmental organisations in the provision of social care. The National Employment Policy was aimed at supporting the work of those organisations, in particular those including the work of volunteers in assistance programmes for the elderly and the infirm. This policy document occasioned a broad discussion in which civil society organisations also participated.

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

The Social Welfare Act was adopted in 1997 without significant public discussion and entered into force in 1998. This Act provided for the possibility of financial and other assistance by means secured for that purpose, and the possibility of social activities in relation to those persons who needed assistance, conducted by those who belonged to religious communities, companies, associations and other domestic and foreign legal and natural persons. The above-mentioned Social Programme ceased to be valid after the entry into force of the Act. The Act laid out that municipalities, towns and the City of Zagreb would particularly encourage neighbourhood assistance, volunteer work and other forms of charity. Therefore, the Act might have served as a basis for cooperation between social society organisations and the state. The Social Welfare Act did not establish a framework for the development of a combined social policy (welfare mix). The provisions of the Act did not imply the development of partnership between the Government, local self-government units and civil society organisations. Moreover, the legal provision specifying that other actors, civil society organisations, may provide financial and other assistance by the means secured for that purpose moved them to the background of social welfare events. In other words, civil organisations and initiatives were still not regarded in this Act as relevant actors in social welfare policy. The provisions of the Social Welfare Act did not put into effect the principle of subsidiary in terms of the social welfare policy in which local authorities would have a clear responsibility which they could fulfil through cooperation with the competent ministry, civil society organisations and other actors. Civil society organisations that dealt with human rights and that put on the agenda “unpopular” issues concerning the violation of human rights during and after the war were placed in a particularly unfavourable position. Organisations that dealt with democratisation and the human rights of women belonged to this group. The attitude of the Government towards these organisations was often hostile; they were accused of being spies and of acting against the interests of the Republic of Croatia. On account of such views, Croatia is known in the world for its problems related to civil society development.34 The above-mentioned organisations were regarded as a part of the political opposition. Organisations and citizens that cooperated with the “Open Society – Croatia Institute” and which received financial assistance from it were also in an unfavourable position. As a rule, organisations that received assistance from that organisation were regarded as suspicious and could not count on assistance from, or cooperation with, the state. In this period, some civil society organisations enjoyed a privileged position that primarily consisted of receiving funds from the state budget on a non-transparent basis. Among such organisations, those that enjoyed special support were organisations engaged in environmental protection, grouped under an umbrella organisation entitled “Our Beautiful Homeland”. Therefore, in the period before 1998, there was no framework or preferred practice of cooperation between the state and civil society, except partially in the social field. The role of civil society organisations in the preparation, creation, application and monitoring of Government policy was regarded as subordinate, and attempts to exert improper influence were often followed by public scandal. At that time the Government influenced and controlled the process of registration of associations, which was unacceptable, and the registration procedure for some of those organisations was delayed for no reason. Civil society organisations themselves were divided into those receiving assistance from foreign organisations and those receiving assistance from the state. This inequality contributed to inequality in society in general.

34 This often prompted a wider circle of foreign donors to give donations to contribute to the democratisation of society.

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

2.2. The Office of the Government of the Republic of Croatia for Cooperation with NGOs In late 1998, largely owing to foreign pressure, the Office of the Government of the Republic of Croatia for Cooperation with NGOs, hereinafter the Office35 was established in Croatia. The Office, as a state administration body, was established for the purpose of monitoring the work and activities of associations which exercised their right to assistance from the state budget. It also monitored the implementation of the Decision on Criteria for the Determination of Associations Whose Activities Are in the Interest of the Republic of Croatia, and the financial support to associations from the state budget36. It supervised the purposes for which funds allocated to associations from the state budget were used. It notified the Government and the Commission of the Government of the Republic of Croatia for NGOs37 about the work and activities of associations, as well as about the use of funds provided in the state budget for those purposes. The Office also performed administrative and other tasks for the Commission for NGOs.38 The Office is managed by the President appointed and dismissed by the Government of the Republic of Croatia. Already in 1999 the Office issued a public tender for donations from the state budget. This paved the way for the transparent allocation of funds. However, part of the ministry allocated part of the funds to civil society organisations without the knowledge of the public and without a transparent procedure. The Office organised preliminary consultations on a regional basis aimed at making room for cooperation between local government and civil society organisations. Due to the Office’s activities, civil society organisations were gradually recognised by the government as legitimate partners. The Office started developing cooperation with foreign donors as well, which was a positive sign of the Government’s interest in cooperating with civil society organisations. The Office organised an annual event entitled “Days of Associations” where associations presented their programmes of activities and, on that occasion, exhibitions, workshops and discussions on important subjects concerning the development of civil society were organised. The media, unfortunately, did not show much interest in following these activities. The change of government in early 2000 made way for better cooperation between the Government and civil society.39 The Government expressed its views of this in its programme documents. Even by the end of 2000, the Government adopted the Programme for Cooperation between the Government of the Republic of Croatia and the Non-Governmental, Non-Profit Sector in the Republic of Croatia. The cooperation programme was a “policy” programme, since it was adopted by the Government, and not by the Parliament. It was based on the principles of partnership, transparency, independence of the nonprofit sector, responsibility for the use of public resources, a codex of positive practice and improvement in the quality of acting, the principle of subsidiarity, the promotion of non-violence and active acceptance of differences, and the development of social capital.

35 (OG 132/98) 36 OG 86/98. This Decision prescribes that associations whose programmes promote the achievement of the highest values of the constitutional

order may receive donations from the state budget. 37 The Commission was established ad hoc by the Government’s decision (OG 100/98) and it does not exist anylonger. 38 The first Commission was composed of eight members and were all members of the government. This composition may be another indicator of distrust towards associations. 39 A large number of civil society organisations participated in the election campaign, trying to preserve a non-party approach and in which only a

few succeeded, in order to support the concept of fair and free elections.

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

The Programme provided for cooperation between the Government and the non-profit sector in the following areas:

- Legislation â&#x20AC;&#x201C; consultations with the non-profit sector during the adoption of new and amendments to existing laws by including representatives of this sector into the working groups involved in the proposals of laws; - Consultation â&#x20AC;&#x201C; when adopting national programmes and strategies, when assessing priorities and bodies responsible for parts of the programmes, and when evaluating different projects into which public money is invested; - Assessments of national policy in all areas, including the broad area of social policy; - Decentralisation and cooperation in sustainable community development; - Partial or complete financing of programmes and services of the non-profit sector; - Civil participation in the decision-making process; - Encouragement and support to the self-organisation and voluntary engagement of citizens; - Development of social entrepreneurship and social capital; - Stimulation of a socially responsible business sector.

The obligations of the Government and the non-profit sector were clearly determined in relation to the realisation of that Programme. The Programme prescribed that a meeting between the Government and representatives of the non-profit sector be held every year in order to conduct an examination and analysis of activities within the Programme. The Government committed to encouraging the expansion of the programme to public sector institutions and units of local government and self-government. The influence of the Programme on the status and significance of civil society in general was weaker than expected. It proved to be too ambitious, and was adopted by the government with the active participation of a relatively small number of relevant actors, such as associations with a longer tradition of activity and with results of work recognised by the public. The programme partially overestimated the capacity of civil society organisations which were assigned tasks that they were not capable of fulfilling. For example, only a few civil society organisations possess the capacity to evaluate national policies or to offer consultation during the adoption of national programmes and strategies. Annual meetings of the Government with representatives of non-profit sectors were not held. The changes in the status of civil society organisations connected with the application of this Programme relate to the changed policy in financing these organisations from the state budget. Under the influence of this Programme, some local and regional authorities became more open for cooperation with civil society organisations. For example, the Council for the Development of Civil Society of the County of Istria was established.40 A Cooperation Charter was signed in Rijeka and in the County of Osijek and Baranja, which shows that foundations are being laid for cooperation and possible partnership from below. In accordance with such a policy, in the middle of 2001 the Government broadened the scope of activities of the Office for Cooperation with NGOs (OG 70/01). The Office performs administrative and other activities from the scope of the Government of the Republic of Croatia in relation to the creation of conditions for partner relations and intersectoral cooperation with the non-governmental, non-profit sector. It also performs other tasks entrusted to it by the government.

40 It is interesting to note that the head of the County of Istria was elected president of the Council. This may serve as another example of the

governmentâ&#x20AC;&#x2122;s distrust of civil initiative or the patriarchal state attitude.

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

The Office monitors the work and activities of the associations and creates preconditions for the transparent financing of the programme of associations, except for those within the scope of activities of the Ministry of War Veterans and professional associations whose programmes are financed from the budgets of the competent ministries. Among other important tasks, the Office: - cooperates in the creation and proposal of new legal frameworks for the activities of the nongovernmental, non-profit sector in the Republic of Croatia, which will encourage the development of philanthropy, volunteer work and civil society as the basis for the development of a democratic, inclusive, social and cohesive society; - creates a database of programmes of associations registered in the Republic of Croatia and a Register, that is, a database of programmes of associations that have benefited from support from the state budget funds; - monitors the implementation of the Cooperation programme between the Government of the Republic of Croatia and the non-governmental, non-profit sector in the Republic of Croatia at national, regional and local levels and proposes improvements to the Programme; - monitors the work and activities of associations entitled to support from the state budget in accordance with the set criteria and conditions of a public tender for the granting of financial assistance from the state budget; - performs tasks of professional supervision and evaluation of associations’ programmes for which financial support had been granted; - performs professional tasks of education and training of civil servants at the state level and in units of local and regional self-government through seminars, workshops and consultations for the realisation of partner cooperation with the non-governmental, non-profit sector; - prepares reports for the Government of the Republic of Croatia on the use of funds that were allocated and paid out to associations from the state budget as support to their programme activities; - cooperates with international governmental and non-governmental organisations by introducing to them the work of international associations registered in the Republic of Croatia; - publishes “Link”, an informative gazette of the Office, and professional publications for the purpose of providing information about the Office’s activities and for more efficient cooperation between state administration bodies and associations; - coordinates the work of ministries and other state administration organisations concerning the monitoring and improvement of cooperation with the non-governmental, non-profit sector in the Republic of Croatia; - prepares a Codex of Positive Practice and Improvement of the Quality of Activities, which contains the principles of the transparent financing of programmes of associations from the state budget.

The work of the Office is managed by the Head of the Office appointed and dismissed by the Government of the Republic of Croatia upon the proposal of the Prime Minister. A novelty in the financing of three-year programmes of associations was introduced as a result of a new task of the Office and the Cooperation Programme. The intention was to contribute to the sustainable development of civil society organisations. In the period between 2002 and 2004, 131 three-year programmes were financed, out of which 46% belonged to the field of social welfare. Unfortunately, there was no systematic evaluation of these programmes and no discussion was held with the key actors. This indicates a key problem: a failure to learn sufficiently from earlier experience.

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

Throughout this period, the Office operated with very few staff : only three persons were permanently employed. At least ten employees are needed for the Office to be able to operate in accordance with such a comprehensive work programme. Therefore, some of the activities of the Office envisaged in its work programme remained “a dead letter.” It is interesting that civil society organisations never discussed the scope of work of the Office, in other words, the involvement of the Government in civil society development programmes. Part of the programme of work of the Office remained an important issue that was never discussed. This refers to the problem of the extent to which and how the state may be involved in civil society development programmes.

2.3. The Council for the Development of Civil Society The Council was established as an advisory and professional body of the Government of the Republic of Croatia in order to participate in the development of the implementation and efficiency of the Programme for Cooperation between the Government of the Republic of Croatia and the NonGovernmental, Non-Profit Sector in the Republic of Croatia; in the strategy for civil society development; and in the development of philanthropy, social capital, partner relations and intersectoral cooperation in the conditions of a decentralised system of decision-making and financing (OG 26/02). The task of the Council is to decide on the selection and allocation of financial support to programmes and projects of associations in the current year on the basis of proposals of expert working groups working in the areas determined by public tenders in individual ministries and other state administrative organisations (human rights, social welfare, health prevention and others). The Council is obliged to submit to the Government of the Republic of Croatia for adoption a proposal on the distribution of total funds according to individual areas of activity. The Council is composed of the President and 20 members who are representatives of competent state administration bodies (10), non-governmental, non-profit organisations (8), and professionals (3). Civil society organisations may nominate their own candidates for membership of the Council. The civil sector should “prevail” in the Council’s composition. The president and members of the Council are appointed for one year with the possibility of reappointment. Professional and administrative tasks for the Council are performed by the Office for Cooperation with NGOs. The members of the Council believe that the body is too large and that its performance is poor in terms of the fulfilment of its tasks. The representatives of state administration bodies have not paid much attention to the work of this body. The role of the Council has consisted mostly in deciding on the selection and allocation of financial support for programmes and projects of associations in the current year on the basis of proposals from expert working groups. A member of the Council was entrusted without public competition to draw up the Strategy for the Development of Civil Society. However, this project was never completed. As a result of the pressure from the Office of the European Union in Zagreb, the Council decided in 2005 to draw up a Strategy for the Support and Stimulation of Civil Society Development. A few competent applicants replied to the invitation for the expression of interest for preparing the strategy. However, a non-transparent procedure led to the task being entrusted to a group of experts who were not competent. Civil society development was once again under the influence of everyday party politics. 41

41 This programme stimulated a public debate initiated by one of the applicants (“Vjesnik“, Bežovan G. “Croatian Academic Banditry“ 26 June 2005)

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

At the same time, the Council tried to include the ministries in monitoring programmes and projects within their scope of activities. It initiated the project of transforming the Office into a public National Foundation for Civil Society Development, by defining criteria for the distribution of funds to civil society organisations from a share of income from games of chance. The Council encouraged the drawing up of a Codex of Positive Practice and Standards for Financing Programmes and Projects of Associations from the State and Local Budgets and it worked on the model of decentralisation of funds supporting the programmes and projects of associations. The Council prepared plans to improve the legislative framework for activities of civil society organisations. However, after the change of government and with the establishment of the National Foundation for Civil Society Development, the status of the Office for Cooperation with NGOs became unclear. Difficulties arose in the work of the Council for the Development of Civil Society which needed more time to gather its membership and start work again. Some civil society organisations raised doubts about the appointment of some civil society representatives. They believed that the members of some organisations had been favoured because of their political affiliation. The Council was not very successful as a dialogue link between representatives of civil society and the Government. Therefore, it would be useful to re-examine and re-evaluate the role of this body and, on this basis, to recognise its significance for civil society development. The establishment of the Council for the Development of Civil Society in the County of Istria has already been mentioned. The Council published its ambitious programme of activities for 2005.42 The programme consists of four parts: 1. Transparency of work of representative and executive bodies, competent bodies and institutions; 2. New models for the participation of citizens in the decision-making processes; 3. Capacity building of civil society organisations; 4. Education of citizens.

2.4. National Foundation for Civil Society Development The Foundation43 was established in late 2003 at the last session of Parliament during the mandate of the coalition Government with the aim of promoting and developing civil society in the Republic of Croatia. The founder of the Foundation is the Republic of Croatia. It had been planned that the work of the Office for Cooperation with NGOs would terminate after the establishment of the Foundation, which was aimed at increasing financial and technical capacity for civil society development. In contrast to the Office for Cooperation with NGOs, the Foundation was supposed to be a relatively independent organisation that would contribute to the sustainable development of civil society by means of foreign donations.

The Foundation seeks to achieve the following goals: - Stimulate citizen activity, inclusion and participation in the development of the community; - Building the capacity of civil society; - Develop intersectoral cooperation and cooperation between civil society organisations; - Increase public influence and publicity of work of civil society organisations; - Develop social entrepreneurship and employment in the non-profit sector; - Increase the influence of civil society in the process of the adoption of public policy.

42 Link. Bulletin of the Office for Cooperation with NGOs of the Government of the Republic of Croatia, 2/2005 43 http://zaklada.civilnodrustvo.hr

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

The Foundation is managed by the Management Board of the Foundation consisting of nine members. Three members of the Foundation are appointed by the Government and are drawn from representatives of state administration bodies, three from representatives of organisations for civil society development, and one member is the representative of local and regional self-government upon the proposal of the Office for Cooperation with NGOs of the Government of the Republic of Croatia. The Chairperson and members of the Management Board perform their duties without compensation. The Foundation participates with the Council for the Development of Civil Society and the Office for Cooperation with NGOs in the manner prescribed by the Statute. The basic assets of the Foundation amount to HRK 2 million (USD 333,000 or 274,000 euro), paid to the Foundation’s account from a part of the 2003 income from games of chance. The Foundation is financed from the state budget as a separate budget item from a part of the income from games of chance and entertainment games pursuant to Article 10, paragraph1, item 8 of the Act on Games of Chance and Entertainment Games, and pursuant to Article 3, paragraph 8 of the Regulation of the Government of the Republic of Croatia on the criteria for the establishment of users and the manner of distribution of part of the income from games of chance, and from basic capital, donations and other types of income in accordance with Article 16 of the Act on Foundations and Trusts. The Foundation is also financed by donations from foreign sources. Therefore, it was expected that the establishment and activities of the Foundation would lead to an increase in funds allocated by the state to civil society development programmes. An innovative programme of three-year financing of activities of civil society organisations in different categories was introduced (institutional support that could contribute to the sustainable development of civil society). The Foundation is actively engaged in the decentralisation of its programmes and in the strengthening of regional capacities for civil society development. The Foundation also instigated the project of publishing a bimonthly magazine “Civil Society”. It was also very ambitious when it founded the International Regional Centre for Intersectoral Cooperation in Zadar. Distinguished foundations which were not satisfied with the results of the competition for financial support in 200444 gathered around the Civil Society Forum and determined that the problem of the distribution of funds and the work of the National Foundation for Civil Society Development in general would be the next important subject of discussion for the general public.45 The Forum warned about the problem of conflict of interest on the part of some members of the Management Board of the Foundation who were representatives of organisations that received significant amounts of financial support. It was pointed out that representatives of individual organisations sat in bodies for civil society development in order to promote the interests of their organisations. The issue that the Forum found very important was to what extent the Foundation itself, as a state organisation, may be involved in the implementation of civil society development programmes. The question was whether this was a type of foundation providing support, or whether it was an operative foundation competing with associations – its beneficiaries – in relations with foreign donors. It was pointed out in the discussions that the National Foundation had failed to distribute HRK 18 million (USD 3 million or 2,465,000 euro) planned to be given as donations in 2004. The discussions held in public and on the mentioned website often showed a lack of tolerance and the public gained a pretty negative image of civil society as an area of conflict, instead of cooperation. The problem has remained unresolved, and will undoubtedly be raised again.

44 The distribution of state funds to associations, taking into account an earlier similar problem at the Ministry of Science, Education and Sports

(“Jutanji list“, 19 October 2004 “Representatives of associations request an apology from Primorac for the money distribution scandal“) is becoming increasingly problematic. Some of these efforts became a part of a thematic discussion of the Parliamentary Committee for Human Rights and Rights of National Minorities. The discussion was held in March 2005, entitled “The System of Approval of Financial Support to Civil Society Organisations“. It resulted in some concrete conclusions. The following conclusions should be indicated: the need to adopt a Codex of Positive Practice, Standards and Criteria for the Provision of Financial Support to Associations, the establishment of a mechanism of objections for allocated financial support, the provision of additional mechanisms concerning conflict of interest when decisions are adopted at the National Foundation, and an improvement in procedures for the assessment of projects proposed for financing. 45 (see: www.zamirzine.net).

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

The Foundation was the European Union’s partner in the implementation of the project entitled the Provision of Social Services on behalf of the Non-Profit Sector in Croatia within the framework of the CARDS 2002 programme. The evaluation of the results of this programme could improve the status of the Foundation as an important factor for civil society development in the country. The abovementioned discussions apparently encouraged the adoption of a decision that turned the Foundation into a public body, thus reopening issues and questions regarding the allocation of donations and the institutionalisation of an appeals procedure. Civil society representatives have relatively little influence on the work programmes of the Foundation. It seems that foreign consultants have significantly greater influence. In addition, representatives of state bodies are not sufficiently familiar with the Foundation’s task and with their potential scope of influence on its programme.

2.5. Conclusion The relations between the Government and civil society have developed slowly and gradually since 1990. After a period of mutual distrust and open hostility, a new path of trust and partnership has recently been paved. Relations between the state and civil society organisations were vulnerable at all levels after the change of government. Programmes and cooperation that had been initiated were often interrupted following the change of government. On the other hand, it is evident that some civil society organisations favour political parties with which they can achieve better cooperation, i.e. they often change their views and declarations depending on the ruling party (Alaburic, 2003). The results of a comprehensive study (Bežovan, Zrinščak, Vugec, 2005) warn of limited dialogue between the state and civil society (Table 3) mentioned by representatives of civil society actors in a sample from the territory of the entire country. Continuous dialogue between the local government, public services and civil society has only just begun to develop. Civil society is a subject of discussion only when the allocation of funds from the budget is concerned. Dialogue between the state and civil society is more comprehensive and more productive in traditionally more advanced and in more economically developed environments (Istria, the Croatian Littoral, and the North West of Croatia). In these areas dialogue is often initiated by the local government.

Table 3. Description of dialogue between the state and civil society

Answers

There is no dialogue

5.3

Limited dialogue

125

47.2

Mediocre dialogue

112

42.3

Comprehensive dialogue

1.5

I don’t know

2.3

No answer

1.5

265

100.0

Total

RELATIONS BETWEEN THE GOVERNMENT AND CIVIL SOCIETY

The belief that civil organisations are â&#x20AC;&#x153;putting a spoke in the wheelâ&#x20AC;? of the government and that they destroy already arranged businesses is still prevalent. In the view of civil servants, associations are still regarded as a necessary evil.

In the late 90s and at the beginning of this century, the state created a rich institutional infrastructure, stimulating the development of civil society. At national level, this consisted of the Office for Cooperation with NGOs, the Council for the Development of Civil Society and the National Foundation for Civil Society Development. In addition, ministries and other state administration bodies have employees in charge of cooperation with civil society. However, a clear policy of cooperation with civil society organisations is still missing at the national level, as is coordination between the bodies cooperating with civil society. Various commissions exist whose members are representatives of civil society. Although the infrastructure is very developed, there are still no stable communication and cooperation mechanisms between the state and civil society. In fact, the state has largely been developing civil society from above. At the regional and local levels, an increasing number of offices are open for cooperation with civil society organisations. However, programmes implemented at the national level are not taken sufficiently into account in the policy of cooperation with civil society at the local level. The current Government, in its programme for the period 2004 to 2007, does not mention the importance of cooperation with civil society. The same may be said of the document defining further progress in decentralisation, in which there is no mention of the role of civil society organisations. It seems that the Government plays no part in the comprehensive institutional infrastructure used by the state to stimulate the development of civil society.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA 3.1. Strengths and weaknesses of organisations: human resources, financial resources, technical capacity and leadership Only in the second half of the 1990s was it noticed that attention was being drawn to problems concerning the capacity of civil society organisations in Croatia. Foreign programmes that organised the first workshops in the early 90s mostly dealt with writing project proposals, improving communication skills for the purpose of collecting funds, and workshops at which skills and knowledge for assistance to war victims were transferred. Nowadays, the issue of capacity is being dealt with in a more systematic manner, and the achievements of some civil society organisations are encouraging.

a) Human resources Persons46 working for civil society organisations or who are employed by them represent a key factor in their development. There was no special research conduced on those employed in this sector or about the number of persons volunteering/working for these organisations. One of the first empirical studies conducted in Croatia in 1994 about the work of humanitarian organisations (Bežovan, 1995) also dealt in part with the problem of human resources in these organisations. In a given sample of these organisations, only 38% had permanently employed persons full or half time. There were few organisations that had permanent employees, which was one of the main developmental problems of these organisations. It was already clear at that time that volunteer and occasional work could not sustain the development of these organisations. Among interviewed organisations, about 35% of them had 11 to 50 volunteers. By then it was evident that the number of volunteers, that is, those willing to work without compensation, was decreasing. There were attempts to stimulate volunteer work through paid travel expenses and meals. The public saw the employees and the work in this sector as the strategy for survival. “Those are mostly young people from the well-to-do, middle stratum of society, often perennial students with no relevant work experience. Knowledge of a foreign language, good connections and a lot of free time are of crucial importance for their ‘careers’ in such organisations” (1995:208). The same research showed that 71% of the founders and those working in such organisations had no previous work experience in this sector. Some of those with experience had worked in foreign organisations in the country and abroad. At that time, only 6% of the organisations stated that they had had the opportunity to acquire skills and knowledge in workshops. As many as 86% pointed to the need for workshops to be organised for new knowledge and skills to be acquired. Professional incompetence was at that time detected by foreign experts as well.

46 Membership of civil society organisations is also regarded by the authors as human capital.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

The World Bank Research on Poverty (2000) warned that employees in civil organisations dealing with social welfare lacked the necessary skills and appropriate connections. Their lack of competence was disputed by the employees in public institutions, state administration bodies, and by experts in this area. Many public sector employees were employed through civil society organisations; there was also competition on the donations market (Shimikus, 1996; Despot-Lučanin J., Coury, J.M., 1995). Some creative individuals employed in public institutions founded associations in the 1990s and put their skills to the test in this kind of enterprise. Numerous discussions on the problems of civil society development draw the conclusion that, due to the unresolved problems of the sustainable financing of this sector, these persons entered a crisis with their projects after a few years. The research has also shown that women were dominant among the employees in this sector, in the first place retired women from the middle layers of society who had volunteered in these organisations. Organisations that gather the necessary information and provide the services needed by organisations in everyday business are important for the development of the human resources in civil society. Such resources may include knowledge on how to register a civil society organisation, bookkeeping and taxrelated information and programmes for the acquisition of new skills and knowledge. Those auxiliary, service organisations (“resource centres”) are important for building the sector’s capacity and for building a more favourable legislative framework for the social sector. In the mid 1990s, some foreign programmes for civil society development recognised the problem of the absence of qualified service organisations as a limiting factor for civil society development in Croatia. In early 2000, there were five or six auxiliary organisations and programmes of different types that came to life in Croatia, taking into account the regional level as well. Some of the more ambitious, younger persons had acquired knowledge and skills that enabled them to work as solid trainers in the areas necessary for the development of civil society. These organisations and programmes benefited from foreign, and, recently, from more significant domestic financial support.47 Although an evaluation of the effects of these organisations and programmes has not been conducted, an important contribution to the development of human potential in the Croatian civil sector has certainly been made. Recent research on the status of human resources in civil society (Bežovan, Zrinščak, Vugec, 2005) showed positive results. As many as 56.4% of individuals included in the research of important participants for civil society development believe that the knowledge and skills of the employees of civil society organisations correspond to the requirements for the achievement of the set goals, while about 40.6% of persons think that knowledge and skills are only partially adequate. The research covered the better-known organisations which often have permanent employees and better in-service training opportunities. However, some experts who were interviewed often questioned the competence of the employees in civil society organisations. These types of objections are often made by representatives of the state and public service employees.48 The discussions within this issue of human resources often end up with the problem of writing project proposals for the receiving of foreign donations. Members of the Council of Projects and participants of the National Workshop agreed with the opinion that civil society organisations often overestimate the capacity of the human resources they have at their disposal and that investments in human resources are a key factor for further development. Some wealthier civil society social organisations are often closed for young, able, creative and enterprising persons. The need was pointed out at the National Workshop to use the opportunity of state support to employ young, educated experts in this sector. Due to unstable financing, young experts will not be willing to build their careers in these organisations. Nevertheless, these organisations will continue to represent an opportunity for additional work, and for 47 The infrastructure of these organisations is partially a result of a multi-annual project conducted in Croatia by the American organisation Academy

for Educational Development. 48 Human potential and the enterprising spirit of civil society organisations in the social area are illustrated by the fact that associations from county

centres are often the ones to reply to the tenders of competent ministries. The same problem resulted in the fact that there were only a few highquality project proposals from civil society organisations submitted for the CARDS programme entitled “Provision of Social Services by the Non-Profit Sector“ in the area of social welfare and health protection in early April 2005.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

the employment of persons that are partially socially excluded, for example perennial students. It would be interesting to investigate the composition of the management boards of these organisations to see the extent of the involvement of distinguished persons from the economy or from the public domain, and in that sense to evaluate the human resources.

Human resources in this sector are measured by membership in civil society organisations. The results of the study (Bežovan, Zrinščak, Vugec, 2005) show that 35.2% of Croatian citizens are members of at least one civil society organisation. This information indicates that there is now less participation when compared to the data from the European Value Study (European Value Study - EVS) of 1999 when 40% of citizens stated that they belonged to a civil society organisation. However, the EVS data also show that most participants belonged to church organisations (12.9% of respondents), sports and recreational organisations (11.9% of respondents) and trade unions (10.6%) of respondents), and a small number of them belonged to social, ecological, women’s or some other organisations.49 Similar kinds of membership is also seen in the results of the given research (Bežovan, Zrinščak, Vugec, 2005). In this context, active membership in civil society organisations is important. Active membership means volunteer work as well. Research has shown that active membership in civil organisations is decreasing, and that it mostly comes down to one or two persons supported by a few friends at an informal level. The strength of human resources relates to the readiness to learn and acquire new knowledge and skills, in particular where members of the younger generation are concerned. Some organisations conduct a systematic policy of acquisition of new knowledge and skills for the employed. Weaknesses are related to the fact that a proportion of the older generation, employed in higher profiled organisations, pay insufficient attention to the promotion of young experts, and often impede their development.

b) Financial resources All the relevant research in Croatia has pointed to financial resources as one of the key problems of civil society development (for example, Bežovan,1995). The sustainable system of financing activities of civil society organisations is often underlined as the main problem in public discussions with foreign donors (Shimkus, 1996; Despot-Lučanin, J., Coury, J. M., 1995). By resources we mean the financial – monetary and natural forms of different goods necessary for the work of these organisations. Concerning the sources of funds necessary for the work of civil society organisations, they may be divided into private donations from economic subjects and citizens, public state donations granted by the government, counties, towns and municipalities, in relation to which state funds may be granted on the basis of contracts for specially arranged businesses, and from membership fees, i.e. means granted by members of individual organisations and, finally, from foreign funds granted from foreign programmes intended for civil society development. The tax status of civil society organisations is important for their financing. For a long time, citizens and economic subjects in the Republic of Croatia could not make donations booked as tax-deductible expenditure to civil society organisations. A taxation framework that favoured the development of civil society organisations was adopted in Croatia in the early 20th century. During the 1990s, these organisations were suspected of laundering money. The tax benefits for the work of these non-profit organisations were one of the most favourable in the region. No profit tax is paid on donations, support, membership fees and donations from public funds. There are also certain tax benefits in relation to income tax concerning the compensation of travel expenses to persons volunteering in a non-profit organisation. There are certain customs privileges

49 The EVS data are quoted on the basis of the examination of research results, and in particular of the paper by Crpić G., and Zrniščak S. (2005)

“Emerging Civil Society“. Free Time and Voluntary Organisations in Croatia, in: Baloban J. (ed.): “Searching Identity. Comparative Value Study: Croatia and Europe“, Zagreb, Golden Marketing (in print).

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

and privileges in relation to property tax. However, tax benefits for these organisations partially resulted from foreign pressure and newly discovered possibilities for civil society development, and not from the role of these organisations in the country’s development. No systematic tax policy was implemented in this area. In the Act on Amendments to the Tax Act (2004), the new Government cancelled the right of some civil society organisations to be exempt from VAT on goods and services when paid through foreign donations. Associations for environmental protection, human rights protection and associations dealing with democratisation lost these privileges.50 GONG initiated a public debate on this subject and on the procedure for amending the Act by returning the prior status whereby other non-profit organisations, apart from humanitarian, health, educational, cultural, scientific, religious and social institutions, sports amateur clubs and bodies of state, local and regional self-government would enjoy these privileges. Parliamentary discussion and the explanations of representatives of the ruling party were very unconvincing.51 The arguments were reduced to the fact that there were abuses, or money laundering, that is, that these were associations used for the implementation of the policy of political parties and for the realisation of private interests. Every association needs certain funds to cover the costs of its activities. Payment of postage, telephone bills and other costs incurred in the premises used by the association may not be postponed for long. The lack of a steady source of finance quickly becomes wearisome for the members and leads to a decrease in enthusiasm and to the termination of the activities of an association. Financial resources and their successful collection keep the members of associations together. There are some well-known cases of civil society organisations that closed their offices and stopped work on account of financial problems. A comment of a respondent is appropriate here: “Organisations that stopped working claim that funds are the reason. What lies behind it is actually the weariness of key individuals, an inadequate and inefficient management structure, and the impossibility to adapt to the actual needs of the community (wrong or bad programmes).” It is in this light that comments can be made on the financial problems that are claimed as the primary hurdle to sustainable civil society development (Bežovan, 2004). Financial problems are actually connected with human potential and the efforts of those gathered in individual civil society organisations. The findings of the “CIVICUS Index on Civil Society Croatia” conducted in 2001 showed that the civil sector could count on only modest donations from the private economic sector. Few economic subjects had started to issue tenders for civil society organisations. The private sector was slow to recognise the interests and benefits arising from cooperation with civil society organisations, and civil society organisations were still not strong enough to be seen as attractive to the private sector.52 Civil society organisations do not have a highly profiled demand strengthened by social authorities. Sustainable development of civil society organisations is linked to the granting of funds from different sources. This might guarantee the stability of the organisation in the long run. The existence of different sources of finance for civil society organisations means that civil society is rooted in communities and in society. One respondent looks at it this way: “Sources of financing for civil society organisations largely depend on areas of their activity. Therefore, most organisations that are involved in culture, sports or work with persons with special needs depend almost exclusively on domestic sources of finance. Also, there is a difference between sources of finance by county (for example, the County of Primorje-Gorski Kotar where the majority of organisations have domestic sources of finance). Unfortunately, the majority 50 Therefore, organisations promoting the highest constitutional values pursuant to Article 3 of the Constitution of the Republic of Croatia lost their tax benefits. 51 Raised in a parliamentary discussion was the case that an inspection team had been sent to GONG as a result of the campaign they had initiated

for the return of abolished rights and the fact that they had been fined as a result. This might be interpreted as a warning to all other organisations that persistently criticised the Government. 52 During the 1990s, some civil organisations, supported by the powerful political elite, held a “monopoly“ over donations from the economic sector. Such a practice partly explains the unpopularity of the idea of partnership.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

of organisations had only one or two sources of finance which, in the long run, results in considerable financial instability for such organisations” (Bežovan, 2004).

The research conducted among a sample of 548 civil society organisations in Croatia (Bežovan 1997) shows differences between the sources of finance. Only 11% of organisations received funds from private sources. A small share of 7% of organisations received donations from state funds, and 12% of organisations received funds from foreign sources. It is important to mention that 45% of organisations gained income from membership fees, and 15% of organisations from their own activities. The system of the distribution of state funds, at different levels, as already stated, has been entirely nontransparent for a long time. Donations from the state budget are given mostly to organisations from Zagreb, Split, Rijeka and Osijek. Out of the total number of financed programmes and projects for 2002, 63.78% were from Zagreb, and 15.78% from Split, Rijeka and Osijek together (Official Gazette No.52/02). The share of funds for civil society development in the state budget is decreasing. Only a small number of towns have been issuing tenders for the granting of such funds. The majority of funds at the local level go to sports associations and war veterans associations (Bežovan, Zrniščak, 2001). According to the quoted survey, which dealt with the problem of social policy in towns, major towns showed no interest in the development of a long-term cooperation policy with civil society organisations. Important progress in this area has been made by the adoption of the Programme of Cooperation between the Government of the Republic of Croatia and the Non-Governmental, Non-Profit Sector in the Republic of Croatia in 2000. As a result of the implementation of that programme, the Government introduced many novelties in 2000 and financed the work of associations through projects and programmes. The projects are financed for a year, and programmes for three years. This might have been an important contribution to the sustainable development of civil society organisations. The National Foundation introduced a programme of three-year institutional support to civil society organisations. However, it is indicative that funds for financing programmes of civil society organisations from the state budget through the Office for Cooperation with the NGOs are being reduced. It is widely held that the majority of civil society organisations in Croatia are financed from funds from abroad. In fact, foreign donor programmes have played a significant role in the financing of organisations important for the development of the civil society infrastructure in Croatia.53 Through these programmes, numerous contacts and cooperation with foreign organisations have been realised. Many seminars, workshops, conferences and study trips abroad have been arranged. These organisations are mostly situated in large towns or in war devastated areas. The number of programmes that underestimated the level of development of civil society in Croatia is not negligible, especially in relation to human resources. Foreign donors invested more into programmes, and less into the development of the infrastructure of organisations themselves (Despot-Lučanin, J., Coury, J. M., 1995). In the opinion of Stubbs (1996), foreign programmes were based on a “model of mitigation“ and not on the desirable model of “social development.“

53 The “Open Society-Croatia“ Institute donated USD 42.3 million for civil society development programmes, and the European Union donated EUR

12.08 million for democratisation, human rights and the media. These data relate to the period from the beginning of this century. The EU CARDS programme for Croatia gives only a part of funds for civil society development. A significant amount of funds has been secured through the USAID programme and through programmes of German political foundations.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

Table 4. Donations from the state budget for the financing of civil society organisations from 1999 to 2003

Year

Number of financed programmes/projects

Donations from the state budget

1999.

276

HRK 28,316,522.47

2000.

348

HRK 20,545,740.86

2001.

481

HRK 22,188,893.00

2002.

450

HRK 17,188,893.00

2003.

442

HRK 17,088.893.00

Total

1997

HRK 105,328,942.33 54

The most recent survey (Bežovan, Zrinščak, Vugec, 2005) shows that financial resources in civil organisations are only partially sufficient (39.2% of respondents) or are insufficient (25.3% of respondents) for the achievement of the set goals (Table 5). Only 13.6% of respondents said that there were enough funds, while 4.2% of respondents talked about insufficient funds. Regional discussions additionally threw light on this problem by pointing to the fact that there was a systematic manner of supporting the work of these organisations. Experts believe that this will be one of the key problems in the development of Croatian civil society in the future. Most organisations are in continuous financial crisis, which endangers the sustainability of their development. The financing problems are more evident in the regions where foreign donors are not active (Istria, North-West Croatia).

Table 5. Financial resources of civil society organisations

Answers

Funds are sufficient

13.6

Funds are partially sufficient

104

39.2

Insufficient funds

25.3

Completely insufficient funds

4.2

No answer

17.7

441

100

Total

Civil society organisations are financed from different sources. The results of the survey show that the majority of funds come from the state, then from membership fees, foreign donors, individual donations, etc. The national economy is poorly represented. Some experts consulted consider that it would be important to open a systematic dialogue with representatives of foreign donors who still provide significant financial and technical assistance for civil society development. It often happens that these donors come with programmes already composed in advance without consultations with local actors. The tasks of these programmes are often very limited. 54 Aproximately USD 17.5 million or 14.5 euro.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

A broader circle of actors expected that the establishment of the National Foundation for Civil Society Development would lead to an increase in funds for financing civil society development, and, as announced by the programme, a regional approach to the distribution of funds. However, the National Foundation has only now risen to its feet and a more reliable assessment of this still cannot be made. There is no unified information in Croatia about the amount of funds provided by the state as support to the development of civil society at the national level. These are funds shared by different ministries and Government offices.55 Part of these funds used to be allocated by means of a public tender issued by the Government Office for Cooperation with NGOs. The funds intended for civil society were often redistributed for some other purposes.56 With the establishment of the National Foundation for Civil Society Development, funds from foreign donors are added to the funds from the state budget and from games of chance. This strengthens the financial potential that could contribute to the sustainable development of the civil sector. 57 Civil society organisations receive a significant part of their funds from counties, towns and municipalities. For example, in the City of Zagreb, associations in the field of social welfare and health were granted about HRK 14.5 million (USD 242,000 or 198,000 euro) in 2004. At these levels, funds are increasing, with the majority intended for sports and cultural organisations.

Graph 1. Shares in financing civil society organisations

Shares in financing (%)

100,00 90,00 80,00 70,00 60,00 50,00 40,00 30,00 20,00 10,00 0,00

Total share of different sources of financing % of organisaions financed from this source 70,20

54,60 41,70

39,90

35,80

31,80

31,70 21,50 6,50

Goverment/ country/ town/ municipality

National economy

20,50

Foreign donors

Donations from individuals

11,50

8,90

7,10

3,70

Membership Charges for fees services/ sale

Other

Source of financing

According to a survey of regional actors, the Government, counties, towns and municipalities are still the main funders of civil society organisations. Foreign donors are particularly apparent in Zagreb and in regions such as Slavonia and Dalmatia. Relatively large amounts of funds from different sources are a principal advantage when it comes to financing. Economic subjects appear more often as important donors at local levels. Weaknesses are noticeable in the poor coordination of state administration bodies that do not work sufficiently on the evaluation of financed projects, and on the sustainable financing of civil society organisations.

55 Invitations for tender issued by individual ministries are very demanding, and it is obvious that only well-informed associations may be granted

those funds. In this manner, the purpose of the distribution of funds for civil society development becomes questionable. The question is whether it is necessary to have a “good“ proposal, or whether the existing problem is sufficiently acute for the funds to be granted. 56 The budget revision for 2005 again resulted in a reduction of funds intended for civil society development. 57 The “Codex of Positive Practice“, the fundamental document intended for associations for the purpose of functional, transparent and controlled

distribution of funds from the State Budget, has been proposed to the Parliament.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

c) Technical capacities Research on the work of humanitarian organisations indicates that assets and means for work are the main precondition for the operation of these organisations. At the given time, 79% of the organisations had rented office space, 69% of the organisations complained about the inadequacy of that space, 72% had a telephone, 63% a fax machine, 44% had computers and 27% had automobiles. Thanks to foreign donations, some organisations owned computer equipment that was more sophisticated than needed. Equipment and infrastructure (i.e. office, computers, telephone, fax, Internet access) that exist in civil society organisations represent an important factor for sector development. According to the survey results (Bežovan, Zrinščak, Vugec, 2005), 29.6% of organisations do not have sufficient equipment and infrastructure, 45.1% have partially sufficient, 24.0% have insufficient, and 5.0% have completely insufficient equipment and infrastructure. Organisations operating in the regions where foreign donors are not present (Istria and North-West Croatia) are faced with more problems regarding equipment and available infrastructure, although participants of the National Workshop expressed doubts about the existence of an adequate level of technical equipment in other regions as well. Foreign donations were recognised in regional discussions as richer sources for the acquisition of computers and other modern equipment. The frequent ceding of former military barracks to associations was also raised in regional discussions (in Istria and Varaždin). In general, towns more frequently cede office space to associations who use it for their work and activities. There are increasing numbers of civil society organisations that are adequately technically equipped. However, this equipment is often not used to a sufficient extent and is not put at the disposal of other users.

d) Leadership All the relevant studies raise the problem of leadership in civil society, although this issue is not treated as a special thematic unit. Information on leadership was regularly gathered in open interviews with activists and experts familiar with specific problems in civil society development. Inadequate organisation and the lack of management experience contributed to conflicts and to the disintegration of several organisation networks or even individual organisations (the Croatian Humanitarian Network, the Croatian Helsinki Committee, the Croatian Association for Social Justice, the Croatian European Movement). Conflicts were the result of distrust of leadership, which often did not accept the procedure for dismissing and appointing new leaders. The problems of the establishment of leadership exist at the level of individual organisations. The name of the organisation is often linked to the person at its head. Therefore, the organisation itself is judged on the basis of the reputation of the person managing it. It is evident that there are strong, powerful and distinguished leaders who have a vision for the development of the organisation, who push the organisation ahead and thus contribute to sectoral integration. This fact was observed in the first survey in Croatia devoted to leadership problems in social organisations of civil society in Zagreb. Leadership at sectoral level seems to be even more complex. It is difficult to build trust in leadership in some areas of development or in the entire civil sector in a society dominated by great distrust. Anyone following the media in individual areas of civil society development, such as environmental protection, women’s organisations, human rights, rights of children, and similar fields can recognise the circle of persons who regularly appear in public. In that sense, they have been recognised as leaders in individual development areas. However, it is difficult to judge whether they enjoy the trust of other organisations for the role they play in public. Nevertheless, it may be noticed that they manage to stimulate some other organisations and the wider public for some concrete purposes.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

Representatives of the state and the public sector are often critical towards persons recognised as leaders in individual development areas. It is interesting that informally recognised leaders in the civil sector rarely appear as members of important bodies such as the Council for the Development of Civil Society or the Management Board of the National Foundation for Civil Society Development. Leadership is another important area for civil society development in Croatia and adequate attention should be given to it.

3.2. Networks and communication The networks of organisations and initiatives give special strength to civil society. Networks and connections may be the result of different interests. For example, all civil society organisations may find mutual interest in the creation of a more favourable legal and, in particular, tax framework for their activities. If more organisations act together and use their joint potential, they have more chances of achieving their common goals. Networked organisations play a very important role in more developed countries. They regularly appear as Government partners in negotiations, and provide different forms of technical assistance to increase the capacity of their members.58 According to the Associations Act, a federation or an alliance of associations may be founded by at least two associations. By examining the register of association, we have established that there are about a thousand federations, that is, alliances which have the role of a kind of umbrella organisation. There are well-known cases of coalitions of associations gathered around different social or political problems. The longest tradition of this kind of organisation exists with environmental protection organisations. The disinclination of civil society organisations towards this kind of association and towards the expression of common interests is well-known in this country. In the opinion of Jasminka Ledić (1997), the non-recognition of the advantages of networking at local, national or the world level puts into question the coherency of the sector. Many organisations and their leaders are afraid that the work of umbrella organisations could decrease the autonomy of their organisations. The existence of networks and umbrella organisations is often of a formal character in this country. It is difficult to put such organisations on their feet on the basis of a work programme that would be acceptable and useful to its members. Research has shown (Bežovan, 2004) that the existing umbrella organisations, that is, federations, do not sufficiently stimulate other organisations to join, and do not prompt cooperation among the members. Experience has shown that such organisations are often concerned only with themselves. Umbrella organisations in this country are not able to promote the common interests of the sector they represent. In the study of the CIVICUS Index of Civil Society in Croatia for 2004-2005, the respondents list examples of civil society coalitions – Civil Activism Campaign (CAC), coalitions of associations for human rights, the Women’s network, the coalition of youth associations, coalitions of associations for the fight against addiction, the community of citizens’ associations in Croatia, the projects “Legislation and Citizens”, “The Public has the Right to Know”, etc. Coalitions are created through the implementation of common projects. One of the successful although earlier examples of the coalition is GLAS 99 with 150 NGOs coalescing to monitor national elections in 1999. Thanks to this coalition a number of election monitors were trained and the public at large was motivated to cast their votes. 58 For example, the case of an English organisation “National Council of Voluntary Organisations“ is often quoted worldwide. It is usual in Germany

that each association belongs to some umbrella organisations on the basis of their field of activity. Numerous foreign experts who provided technical assistance for civil society development in transition countries were often preoccupied with the idea of the establishment of an umbrella national organisation that would represent the sector in relations with the Government and the overall public. The desire was to introduce a system of “parliamentary elections“ among civil society organisations. Several such attempts resulted in failure in Hungary and Poland, although supported by significant financial resources. In many countries, forums, as relatively flexible organisational structures, were established instead of national umbrella organisations in order to permit different forms of participation and the representation of different interests.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

Regional discussions have warned about the activities of the forums of civil society organisations active in Istria and Slavonia. However, a wider circle of participants, i.e. especially the experts consulted, accept the fact that civil society in Croatia is poorly networked, it does not communicate sufficiently, and acts reactively.

Table 6. Examples of organisations from different sectors of society joined in coalitions for work on common issues

Answers

There are no examples

6,4

There are a few examples

35,8

Several

27,2

There are numerous examples

7,5

Do not know

21,5

No answer

1,5

265

100

Total

There is more potential for networking among civil society organisations than has been achieved.59 Further research should investigate the connection with the problem of leadership, i.e. the existence of strong and competent persons who could be entrusted with the management of such organisations and with the representation of sectoral interests. The level of communication among civil society organisations, including the exchange of information among individual organisations, ranges from a medium level of communication (39.20% of respondents) to limited communication (31.7% of respondents). Discussions reveal the dimensions of disloyal competition between some associations in relation to public tenders for the distribution of funds.60 Conferences, seminars and workshops are an appropriate place for the exchange of information. The participants in these gatherings notice that the same groups of representatives of the relatively more developed organisations usually meet there.61 It was concluded at the National Workshop that new channels for the exchange of information should be created. At regional discussions, representatives of the public sector and local government interpret the overlap of civil programmes as a problem connected with restricted communication between organisations. The problem of the lack of local meetings where sectoral problems could be discussed was also underlined. Experts warn about the unreliability of civil society organisations when information or attitudes in written form are requested from them.

59 During the 1990s an interesting dynamics of networking of different civil society organisations developed at the level of the European Union. Civil society organisations in the area of social policy have a significant influence. Such a practice could be inspiring for our organisations as well. More can be seen at www.socialplatform.org. 60 Foreign donors often give examples of the lobbying of civil society organisations where they attempt to secure donations by belittling the competition. 61 More discussions on the subject of civil society development in Croatia have recently been organised by the Human Rights Centre in Zagreb. There was a very important discussion entitled â&#x20AC;&#x153;The relation between government institutions and civil society organisationsâ&#x20AC;&#x153; held on 13 April 2005, at which, among other things, it was proposed that a body of second instance be established to examine the objections of civil society organisations to the procedure and the results of the tender for the granting of donations. It was underlined that this would question the efficiency of the donation distribution process. More about this can be found at: www.human-rights.hr.

CAPACITY OF CIVIL SOCIETY ORGANISATIONS IN CROATIA

Communication through the Internet seems to be an appropriate manner of communication and for an exchange of information. The electronic magazine “ZaMirZINE – Journal for Civil Society and Urban Culture”62 makes a significant contribution to these efforts. It comprises mostly organisations that advocate democratisation, human rights, women’s organisations, environmental protection organisations and some alternative organisations. The magazine “Civil Society”, started by the National Foundation, could help to increase the level of communication in civil society. However, magazines and bulletins published by associations or their federation have often had a very short life span.

3.3. Conclusion For a long time, the need to increase the capacity of civil society organisations was not considered to be an important goal for the majority of important donors in Croatia. Human resources are a key factor, and lack of success in that area often comes from the impossibility to acquire resources for work, without which there is no sustainable development of organisations. Next, employment of younger persons and systematic investment into their knowledge and skills is a key issue for sector development. Systematic investment in human resources will make a lawful contribution to the development of a sustainable concept of civil society financing. This will assist in the resolution of the problem of technical equipment, leadership and networking.

62 www.zamirzine.net

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA In this chapter, the importance of civil society in Croatia is analysed in the context of the trust shown towards civil society organisations, that is, in the wider context of the general issue of trust in society. Partnership between social society organisations and other participants is an important element in the sustainable development of civil society. The importance of civil society is analysed following an examination of the main functions performed by civil organisations in Croatia. Of particular importance for the development of civil society is the influence of these organisations on the process of preparation, adoption and implementation of public policies. Civil society has made recognisable progress in individual sectors. Finally, attention is drawn to the problem of regional differences in the development of civil society in Croatia.

4.1. Public trust in civil society organisations The lack of citizens’trust in citizens and institutions is widespread in Croatia, as it is in other post-communist countries (Rimac, Štulhofer, 2004). Trust in civil society organisations in Croatia is a relatively new subject. A few earlier surveys on citizens’ trust in civil society organisations, for example in non-governmental organisations, showed that a significant part of the respondents have negative associations63 in relation to non-governmental organisations (B.a.B.e. 2004). If something related to the Government is defined negatively, it is difficult to expect that this would be important to ordinary citizens. However, when citizens are asked about their trust in humanitarian organisations, then the situation is somewhat more favourable.64 The experiences of experts say that most citizens are ready to change their attitude towards civil society organisations when they find themselves in a situation where they have to ask for help from such an organisation. Trust in civil society organisations is connected with citizens’ reactions and strong actions against something, rather than in favour of something. The results of research conducted in 2004 (Bežovan, Zrinščak, Vugec, 2005) indicate a different type of trust in individual institutions (Table 7). Respondents were asked about their trust in three distinguished civil society organisations: Caritas, the Croatian Helsinki Committee for Human Rights, and Hvidra.65 Caritas, as a church organisation, enjoys most trust. The other two organisations are recognisable enough to the public by their activities and enjoy a similar level of trust which is somewhat lower than the level of trust in non-governmental organisations in general. It is important that, in relation to the Croatian

63 Negative associations are “shady dealing with money“, “all kinds of crime“, “suspicious political fractions“ and “suspicious foreign agencies.“ The

above-mentioned study mentioned a somewhat more positive perception of non-governmental organisations which are still not significant in statistical terms in relation to the 2002 survey. A short survey of people in the streets of Zagreb conducted by Croatian Television on 13 May 2005 for the show “Reporting live from life“ warned of the negative attitude and the lack of belief of citizens that anything could be achieved through these organisations. 64 These are the results of a survey conducted in 2004 by Croatian Caritas and the Centre for Social Teaching of the Church. The results depended on

the wording of questions as well. The concept of a non-governmental organisation has negative connotations for most citizens, while the majority of citizens in empirical research found the concept of non-governmental organisation confusing. 65 These organisations were chosen on the basis of a methodology recommended following a discussion at the meeting of the Project Council.

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

Helsinki Committee and Hvidra, the majority of respondents said that they had no opinion. Citizens, as a rule, know little about civil society organisations â&#x20AC;&#x201C; they are closed, do not announce the results of their work in public, and do not give information about the general usefulness of their activities. The comparison of the results shows that citizens have more trust in civil society organisations than in the media, the Government, political parties and big companies. The fact, emphasised by experts, that one of the major problems in civil society development in Croatia is the low level of public trust in these organisations and initiatives should be taken seriously, as well as the low level of trust between civil society organisations. An analysis of the media, i.e. daily newspapers over a period of three months, which is a constituent part of the mentioned research, shows that they do not deal systematically with the issues of civil society development. Newspapers deal with this subject only in relation to particular events, and do not advocate the development of civil society. Newspapers are mostly interested in scandals in civil society. The concept of non-governmental organisations in the minds of a large majority of the public is that they include organisations dealing with the protection of the rights of Serbs and organisations working for foreign organisations unsympathetic towards Croatia.

Table 7. Public trust in Croatia

Very high trust (%)

High trust (%)

Not very high trust (%)

No trust (%)

I don't know

Churches

24.9

29.9

29.4

12.8

3.0

Army

11.3

30.2

39.2

14.8

4.5

Newspapers

0.8

11.6

62.8

22.4

2.5

Television

1.3

15.1

65.3

16.3

2.0

Trade unions

1.3

15.1

45.2

21.4

17.1

Police

6.3

31.7

40.7

17.8

3.5

Government ( in Zagreb)

1.5

11.3

41.7

41.0

4.5

President

7.3

25.9

42.0

19.6

5.3

Political parties in general

1.5

4.5

39.2

50.3

4.5

Non-governmental organisations

5.0

31.2

36.9

10.3

16.6

Large companies

1.8

10.1

39.7

34.9

13.6

Caritas

17.6

47.5

17.6

6.5

10.8

Croatian Helsinki Committee

3.3

20.6

27.6

18.6

29.9

Hvidra

5.0

18.6

33.7

17.3

25.4

Institutions

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

4.2. The nature of partnerships between civil society and other participants

Partnership between civil society organisations in Croatia and other relevant participants is a new subject in the sphere of civil society development. For a long time, the prevailing attitude was that civil society organisations as non-governmental organisations must check the government at different levels. At the beginning of this century, mention was made of the cooperation and development of partner relations. The relevant participants with which civil society establishes partner relations are the state, public institutions, the private sector and foreign organisations. Partnership is defined as a more or less formal process in which two or more organisations (from the private, public or civil sector) decide to apply a joint action plan or a joint project for the resolution of a problem. The formal recognition of such cooperation has only just begun in Croatia. Changes in the relations between the state and the civil sector began after 2000, and they mostly consisted of searching for and testing new forms of cooperation. Puhovski (2004) believes that there is still a lack of essential communication. According to the results of regional discussions, the problem lies in the slow realisation of agreed cooperation. The programmes of agreed cooperation and partnership are very sensitive to the change of government. The opinions of respondents are very interesting in this context: “In my opinion, consciousness of their role and importance is slowly ripening in associations, as well as the awareness of the need for growth and development and transparency in work. The state has also changed its attitude towards them, and, in a few activities, sees them as potential partners, and not as competitors and enemies” (Bežovan, Zrinščak, Vugec, 2005). The state is more inclined to cooperate with professional chambers and associations that have certain political weight. Kregar (2004) warns that the administration is afraid of the institutionalisation of civil participation, and it is here that reasons for restraint in relation to the possible development of partner relations might be found. The state is not sure whether to have more confidence in civil society and, for the time being, remains within the framework of “party quotas” of civil society.66 The results of research show that the continuous dialogue between local government, public services and civil society organisations is in its infancy. Regional discussions have recognised dialogue with civil society organisations, which is more comprehensive and more productive in traditionally more advanced and economically more developed areas (Istria, the Croatian Littoral, northwest Croatia). In those regions, there are frequent cases where local government encourages dialogue and offers cooperation in solving local problems of environmental protection, assists marginal social groups, organises public events, and so on. Public institutions, particularly in the health system, the education system and environmental protection, could be important for the development of partner relations with civil society organisations. Public institutions and the health system are distrustful towards civil initiatives and believe them to be unsuitable for cooperation. In this area, a somewhat better partnership with organisations dealing with addicts has been developed. Of course, this is an area characterised by high motivation shown by addicts’ families to help the addicts overcome their problems. Schools are opened and cooperate with civil society organisations which organise different workshops for their staff and pupils. Some better informed respondents claim that this cooperation depends on the will of the principal and that longterm cooperation is difficult to establish. Institutions dealing with environmental protection achieve better and longer cooperation with civil society organisations. 66 The example of “party quotas“ in civil society is the case of the HRT Council. Political leaders do not trust independent and distinguished civilians.

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

The interest of the private sector in cooperation with civil society organisations is relatively recent. The economy sees civil society organisations mostly as beneficiaries of economic support, while associations think of the economy as a donor. The consequence of such limited relations is a small number of partnerships between civil society organisations and the economy. Some economic subjects are aware of the importance of partnership with civil society organisations and make efforts to this end. “The Croatian 2005 Agenda for Responsible Business”67 will contribute to the spreading of the culture of the socially responsible economy and partnership with civil organisations. The results of research show that the private sector is still not interested in (42.6% of respondents), or is suspicious towards (32.8%) civil society (Bežovan, Zrinščak, Vugec, 2005). The private sector is under the pressure of competition, insecurity and instability and the fight for everyday survival. In such unfavourable surroundings, there are few entities in the private sector which have the time and means for civil society. Respondents think that associations from the economic sector rarely (49.4% of respondents) or only sometimes (23.8%) act as part of broader civil society initiatives. Regional discussions have indicated that there is increasing recognition of civil society organisations among medium and small enterprises. In developed towns and regions (Varaždin, Rijeka, Istria) the attitudes of the private sector towards civil society are more favourable. The common appearance of more associations supported by distinguished persons from the local community suggests that increased confidence from the private sector is deserved.

Table 8. Attitudes of the private sector towards civil society

Answers

Hostility

2.6

Suspicion

32.8

Ambivalence

113

42.6

Favourable attitude

10.2

Support

5.3

Doesn’t know

4.9

No answer

1.5

265

100.0

Total

Relevant experience was gained from partnerships between foreign and domestic organisations from the 1990s during different social projects: the building of local communities, and the provision of services to war victims. This area is important because domestic organisations may acquire new knowledge and skills. Partnership with foreign organisations is also important during the period of accession of Croatia to the European Union.

67 More about that can be seen at www.poslovniforum.hr/agenda

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

4.3. Main functions of civil society organisations in Croatia: articulation of interests and demands, protection of civil rights, provision of services and goods 54 a) Articulation of interests and demands The articulation of interests and demands in relation to the state and other actors is an important function of civil organisations. Previous research has shown (Bežovan, 2004) that civil society organisations are often not capable of clearly articulating their attitudes and expressing their interests to the state and in the light of the programmes it implements. Some civil society organisations dealing with democratisation, human rights, environmental protection, community development and the like regularly link part of their missions with activities of informing and educating the public. In this way, the organisations’ interests are articulated and demand is developed. According to research results (Bežovan, Zrinščak, Vugec, 2005), civil society was to a certain extent predominantly active (53.6% of respondents), or active (19.2% of respondents) in this area. In relation to efficiency, these actions were predominantly successful to a certain extent (52.8% of respondents), or unsuccessful (15.8% of respondents). On the other hand, the same research shows that 29.1% of the surveyed citizens were aware of the existence in their community of organisations or groups wishing to help the community, to inform the citizens of their rights or improve their living conditions. Just 15.6% of respondents know that such organisations provide citizens with information that is useful to them. As few as 7% of the surveyed individuals participated in such activities. Therefore, the development of information and educational activities conducted by civil society organisations is only starting at the local level. In that sense, the articulation of interest through civil organisations should also be taken into account. The results of the above-mentioned research show that only 7.8% of citizens know that civil society organisations contributed to the creation of unity for the resolution of certain problems, and 4.5% of respondents participated in such activities. Therefore, civil society organisations play only a very modest role as organisers, that is, as mediators in the articulation of interests when local issues are being resolved. Organisations dealing with consumer protection have developed a specific and successful form of articulation of interests. Citizens recognise these initiatives as generally useful and are willing to support them. In that sense, there is no problem of legitimacy of these associations in relation to the expression of interests of citizens. Recently, there have been activities of a smaller number of associations dealing with the subject of local development consisting of increasing the number of people who organise themselves on their own initiative and in the mobilisation of resources, and they work together on the resolution of problems in local communities.68 Within these projects, partnerships with local authorities have been created and trust at local levels has been built. This area of development, although limited in its scope, has become one of the most recognisable areas for the acting of civil society organisations built from below by local communities and civil society. In this manner, new aspects of local demand have been successfully developed.

68 Most significant among these organisations is the organisation ODRAZ, the Centre for Civil Initiatives and the Organisation for Civil Initiatives. The

organisation OGI ODRAZ published a manual for that purpose written by Lidija Pavić-Rogošić “Our Community - Our Responsibility: a manual for the successful organisation of the local community”, Zagreb, ODRAZ 2004. These organisations are faced with the serious task of learning efficiently from foreign experience and adjusting foreign practice to the Croatian tradition and environment. These programmes are regularly financed by foreign donors. An important part of their missions relates to the efficient translation and publication of manuals from this field.

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

b) Protection of human rights During the 1990s, civil society organisations initiated public discussions on issues of the protection of different human rights in Croatia. The government viewed these organisations as spies and enemies. Initially, those were issues of political rights, the rights of different minority groups, and classic civil rights, such as, for example the right to ownership. Civil organisations raised important questions in relation to free and fair elections, the rule of law, and corruption. Civil organisations have organised many seminars and workshops on the subject of the protection of different human rights and have published important publications. The Croatian Helsinki Committee, the Croatian Law Centre, various women’s organisations and some smaller organisations have been particularly active in activities to protect human rights. After serious violations of civil and political rights in the 1990s, now is the time for a more positive trend. However, judicial protection of rights and freedoms, mentioned by civil organisations, is still questionable. Violations of social civil rights are becoming increasingly frequent. There are relatively few active civil organisations in this area, and trends in the violation of these rights are increasing. The problem of domestic violence appears as a human rights problem – legislation without discrimination, ensuring equal rights for men and women. Cases of domestic violence have brought basic human rights under scrutiny and stimulated a widespread campaign in 2004. Civil initiatives have directed attention towards a very important social and political issue and have been recognised at local levels as partners in organising the provision of services to victims of domestic violence which are not provided by the state through its programmes. Besides, the public is sensitive to this form of violation of human rights which is becoming increasingly complex and frequent. Under the impact of these activities, the National Strategy for Protection against Domestic Violence from the period between 2005 and 2007 was adopted. This is the result of almost fifteen years of work of women’s associations. Therefore, the results achieved in civil society are long lasting.

c) Provision of services and goods The provision of services through civil society organisations is a subject that arose at the beginning of this century. State organisations have monopolies in the provision of most services, such as social services, medical services and education. The quality of other services, and the efficiency and effectiveness of programmes, have still not become a subject of serious discussion or analysis. Civil society organisations have been viewed as bureaucratic, inefficient and unimaginative. Associations provide services (including self-help initiatives) to groups that are not included in the network of national social security issues. As many as 65.3% of respondents report that they know about the services provided by civil society organisations to the population. The most frequent examples are the commune for addicts, shelters for women and children, care and assistance at home, legal aid to the poor, assistance to disabled persons, assistance to children with difficulties, assistance to minority groups, for example the Roma, and the free provision of medical services (measuring blood pressure and sugar levels). According to the given research (Bežovan, Zrinščak, Vugec, 2005), the majority of such programmes relate to two specific groups – poor people (19.2% of respondents) and women (8.3% of respondents). When it comes to the assessment of the success of civil society organisations in providing services, the results are more than favourable. Organisations have been evaluated as successful to a certain extent (38.5% of respondents) and successful (22.3% of respondents).69 The results in 2001 were similar (Bežovan 2004), which indicates a lack of criticism from the respondents. However, the experiences of experts have shown that the absorption power of these organisations is questionable, as has already been mentioned.

69 More than 30% of respondents did not reply to these two variables.

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

When it comes to the perception of the role of civil society organisations in the fulfilment of social needs, the results show certain developmental problems in this sector. Civil society organisations fulfil their mission in this area by researching social problems at the local level and by their actualisation in public.70 Previous research showed that the Croatian public does not have a developed attitude to social problems at the local level.71 Experts in this area believe that civil society organisations providing social services should be allowed to employ expert and trained staff and that their current programmes should be re-evaluated. In that sense, the issuing of approvals to civil society organisations for the provision of social services for a certain period of time is advocated, including the possibility for the prolonged provision of services after the conducted examinations.

Table 9. Role of civil society in directly fulfilling social needs

Answers

Insignificant role

11.3

Limited role

111

41.9

Medium role

18.9

Important role

16.6

I don’t know

7.5

No answer

3.4

265

100

Total

Organisations employ citizens through different programmes and in this way contribute to employment and social development. These organisations rarely come to the attention of those engaged in employment programmes and in the securing of the means of life. The previous programme of “public works” of the Croatian Employment Agency partially took them into account. Discussion is not raised on these endeavours and neither does it focus on an important part of social development which, for example, concerns incentives for the employment of certain groups. Nowadays, there are increasing numbers of young people with a university degree who are employed in associations by means of state incentive programmes. The employees of associations belong, unfortunately, to a neglected area of civil society development. The public expects all activities to be performed on a voluntary basis. In this context, attention must be paid to the importance of debate on social enterprises in this area of development. A significant portion of civil society organisations still collect and distribute humanitarian aid. This was an important development area during the war and, taking into account the social conditions in the country, it is still a priority. The development of this area is connected with the readiness of citizens and business subjects to make contributions for humanitarian purposes. Some humanitarian organisations are involved in the Croatian humanitarian network. Within the CARDS programme, there is a project for the provision of social services by the non-profit sector in Croatia which should give new incentives for the development of civil society in this area.

70 In this case, there is the example of surveys published in Split and in the publication “Network of Mutual Aid“, Split, “Mi“ Association, 2004 71 You can find more information at www.ceraneo.hr.

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

4.4. Influence of civil society organisations on public policy Exerting influence on public policy is an important area of activity of civil society organisations. In this sphere, the influence of civil society organisations was for a long time imperceptible. According to research conducted at the beginning of this century (Bežovan, 2004), civil society organisations did not participate in the preparation, adoption and implementation of public policy. Moreover, organisations were faced with difficulties in the process of the adoption of valid proposals for acts and in expressing their opinions on them. Limited influence achieved in this area was the result of informal political connections. One study (Bežovan, Zrinščak, Vugec, 2005) which examined the influence of civil society organisations on public policy focused on the following three issues – women’s rights, children’s rights, and workers’ rights. The questions were chosen by the Project Council, taking into account the live issues during the survey. In relation to the campaign for women’s rights, civil organisations were evaluated as predominantly active (44.2% of respondents) and active to a certain extent (28.3% of respondents). Concerning the rights of children, civil organisations were evaluated as predominantly active (39.6% of respondents) and active to a certain extent (32.5% of respondents). Organisations dealing with issues concerning the rights of workers were evaluated as predominantly active (33.6% of respondents) and inactive (26.0% of respondents). Research was also intended to establish the success of the influence of civil society on public policy in the decision-making process in the above-mentioned areas (Table 10). Respondents believe that organisations that are active in the areas concerning children’s rights and women’s rights are more successful in the process where decisions are adopted. The influence on workers’ rights, which opens a new field of activity of civil society organisations, is weaker in relation to the activities undertaken in that area.

Table 10. Success of civil society in the decision-making process Unsuccessful

Partially successful

Successful

Very successful

Don’t know

No answer

Total

Women’s rights

10.9

55.1

15.5

4.5

11.3

2.6

100.0

Children’s rights

8.3

51.7

22.3

5.7

9.4

2.6

100.0

Workers’ rights

40.4

40.0

3.0

0.8

13.2

2.6

100.0

The experts consulted noticed certain progress in relation to the influence of civil society organisations on public policy and on the decision-making process. The voice of civil society is heard in public especially in relation to environmental protection. Representatives of environmental protection are invited into working groups, are elected and appointed to different councils, they submit parallel reports, make proposals, etc. Some experts still think that this kind of strategy and practice is only at a declarative level. Some concrete examples have been quoted about the difficulties faced by social institutions in trying to obtain the Proposal of the Amendments to the Social Welfare Act for the purpose of giving their opinion on this act. The role of different social society organisations should be recognised in Croatia on the basis of the experiences of developed countries in the adoption of the national budget. The voices of farmers’ associations may be heard advocating more funds for the promotion and certification of agricultural production. Trade unions and representatives of some professional associations are attempting to exert influence on matters of the budget; however, there are no independent “think-thanks” in Croatia to deal systematically with this area, in particular with budget distribution.

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

4.5. Contribution of civil society organisations in individual sectors Activities of civil society regarding the spreading of democracy

The issue of democratic development, with particular account being taken of specific recent historical circumstances in Croatia (the disintegration of Yugoslavia and the achievement of Croatia’s independence, the Homeland War and later the initiation of democratic reforms connected with entry into the Council of Europe and the European Union) was one of main spheres of civil society activities. A number of civil society organisations continued to focus on the development of democracy in the country. However, a large number of programmes (including foreign assistance programmes) were almost exclusively focused on remedying the consequences of the war and attending to war-affected areas and the rights of national minorities and, in particular, of returnees and refugees. Some organisations were involved in the large democratisation campaign connected with the general election held in early 2000. In this context, the respondents of a study (Bežovan, Zrinščak, Vugec, 2005) give the examples of the activities of GONG, of the Civil Activism Campaign (CAC) and some local actions unknown to the public.72 Following this, it seems that the spreading of democracy has no longer been at the centre of attention of the public.

Activities of civil society regarding the spreading of tolerance Croatian society has been confronted in the last few years by a strong need to promote tolerance. The need to promote tolerance in war-affected areas has been the subject of discussions at the level of society in general. In the last few years, other subjects have also been discussed, the most prominent being campaigns about the rights of HIV infected persons (the case of the inclusion of two HIV infected girls into the regular school programme), about the rights of children and women in cases of domestic violence, or about the rights of homosexuals (the most frequently quoted example is the gay parade).

Activities of civil society regarding the promotion of non-violence Many civil society organisations state in their reports that they devote a smaller or larger part of their work to the promotion of tolerance and/or peaceful dispute resolution. The largest UNICEF action of this kind recently conducted was entitled “Stop violence among children”. Consequently, respondents most frequently mention different actions by UNICEF, as well as the role of ecumenical societies, and of peace studies.

The role of civil society regarding the promotion of gender equality and the empowerment of women If the policy of gender equality has an adequate presence within civil society, this does not mean that civil society should not play an important role in the promotion of gender equality at the level of society in general, in particular from the perspective of Croatian society as a conservative society. When asked about campaigns dedicated to gender equality, most people do not remember such campaigns, even though it was emphasised in the discussions and written answers that organisations providing shelters for women – victims of domestic violence should be taken into account. A very important campaign is one entitled “16 days of activism against violence against women”, as well as education in the area 72 The respondents here mention the examples of activities of women’s organisations and of the Eko Kvarner association which will be mentioned as a subdimension of gender equality and environmental protection.

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

of gender equality, the proclamation of Gender Equality Day and round tables on these subjects. In the last few years, the activity of women’s organisations has had a strong presence in public life. Civil society organisations have contributed to the establishment of the Office for Gender Equality within the Government of the Republic of Croatia which lends institutional significance to the gender equality issue. Women’s organisations in Croatia are active in various areas of women’s rights. Activities include, for example, the fight against violence against women and against trafficking, gender-sensitive educational programmes, economic empowerment of women and an analysis of the position of women in the labour market, empowerment of women in politics, lobbying for amendments to electoral legislation, including equal representation of women on party election lists and in representative and executive bodies, and, finally, the advocating of the rights of gender minorities and women suffering from specific diseases. Women are also organised within some professional groups, trade unions, while some political parties have women’s clubs. The Women’s Network Croatia comprises 45 organisations and is a unique network of women’s organisations arising from an ad hoc election coalition dating back to 1996. In the last few years, the network has organised campaigns for changes in the educational system – the introduction of gender-sensitive education into curricula for elementary and secondary schools and the introduction of sexual education without prejudice and homophobia. Activities in the fight for female reproductive rights have also intensified.73 An independent programme of women’s studies has been running for ten years within centres for women’s studies as places of systematic gender-sensitive education. This centre and other women’s organisations have developed an impressive publishing activity for the purpose of informing and educating the public on issues of gender equality, and on the theory of gender equality and activities. Representatives of women’s organisations in early 2005 submitted a Report on the Status of Women’s Human Rights in the Republic of Croatia to the Committee for the Elimination of Discrimination against Women at the UN. Women’s Organisations have been recognised by the Croatian public as respected participants in discussions.

The role of civil society in poverty reduction Although many indicators have pointed to the fact that the percentage of the poor has increased in Croatia as a result of the transition process and the Homeland War, until a few years ago there were no relevant indicators to confirm this. According to data for 2001, if the poverty line is defined as 60% of the median national income, then as a proportion of the total population, the poor amounted to 17.2% in 2002, 18.2% in 2003, 16.9% in 2003 and 16.7% in 2004.74 On the basis of these data, Croatia belongs to the group of countries with a high poverty rate. The results of a recent study (Bežovan, Zrinščak, Vugec, 2005) show that civil society does not deal with the issues of poverty reduction as one of the key social problems in Croatian society. Some possible causes have been given – the lack of human capacity, the lack of interest from foreign donors for different programmes, poor knowledge about the National Programme for the Fight Against Poverty and Social Exclusion, and specific forms of poverty in some regions (differences in the form of poverty and in the needs of poor people in towns and villages) and the like.

73 You can find more at www.zenska-mreza.hr. 74 Data from the Central Bureau of Statistics of the Republic of Croatia.

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

Civil society in environmental protection

In the European Commission’s Opinion on Croatia’s Application for Membership of the European Union issued in April 2004, it was stated that Croatia will have to invest significant and persistent efforts to align its legislation in the field of environmental protection with the European Union acquis in the midterm.75 In this field, in contrast to poverty reduction, the significant role of civil society organisations has been recognised. The example of the involvement of ecological associations (in particular the Eko Kvarner association, and many others) in the Družba Adria project is probably an example of the effective activities of civil society that the public is most familiar with. This shows that it would be possible to sensitise and mobilise the public in relation to that issue, because the public is very sensitive to actions and activities that could pollute the environment, i.e. endanger Croatian natural resources. It is therefore no wonder that respondents in the survey quoted several, even very many, examples of such actions as an answer to the question concerning the actions of regional activists. Similarly, the role of civil society in environmental protection is assessed as moderate or significant. It should be mentioned that these associations attract a wider circle of influential citizens as members. The expression of their own opinion on environmental protection, and making a contribution to such initiatives, has become a question of status for younger members of the middle layers of society.

Empowerment of marginalised groups The circle of organisations in society and in the health system providing assistance to such groups can be recognised. Among social organisations, there are those offering programmes for those with mental disorders, where efforts are made to assist them in social integration.76 Among health organisations, those empowering people affected with rare diseases are emerging. Good cooperation with professional organisations often increases the quality of these organisations in comparison with others. A study conducted in 2001 (Bežovan, 2004) shows that although civil society organisations are not capable of mobilising marginal groups, they often implement projects deemed to be useful for marginal groups. That has been a problem for Roma organisations for a long time.

4.6. Regional differences in the efficiency of civil society organisations Civil society organisations are an urban phenomenon and are mostly concentrated in large towns and cities. It is difficult to find an active association in towns with fewer than 5,000 inhabitants. This fact, as a problem of civil society development in Croatia, was recorded by the 2001 study on civil society development in Croatia. As can be seen from the following table, more than a quarter of the total number of associations have been registered in the territory of Zagreb (city and country).

75 Cf. Commission of the European Communities, Communication from the Commission. Opinion on Croatia’s Application for Membership of the European Union, COM (2004) 257, final text, Brussels, 20 April 2004, available at www.mei.hr. 76 For example, the Association for the Promotion of Inclusion

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

Table 11. The number of associations in Croatia per county, per 10,000 inhabitants and the percentage of people with higher education qualifications

No. of associations per 10,000 inhabitants

Share of people with higher education qualifications older than 15 years of age

Share of people living in towns %

Number of associations

Share in the total number of associations

Number of inhabitants

Bjelovar-Bilogora

906

3.32

131,343

6.9

6.6

36.0

Brod-Posavina

875

3.21

172,993

5.1

6.9

44.1

Dubrovnik-Neretva

997

3.66

121,871

8.2

13.9

58.7

City of Zagreb

5.606

20.56

770,058

7.3

22.5

94.5

Istria

1.461

5.36

205,717

7.1

12.5

59.4

Karlovac

855

3.14

140,125

6.1

8.6

49.3

Koprivnica-Križevci

871

3.20

123,736

7.0

34.5

Krapina-Zagorje

752

2.76

142,006

5.3

5.8

16.8

Lika-Senj

338

1.24

52,221

6.4

7.1

40.2

Međimurje

791

2.90

116,225

6.8

6.5

22.6

2.045

7.50

326,446

6.2

9.1

48.1

496

1.82

84,562

5.9

6.7

42.9

Primorje-Gorski Kotar

2.225

8.16

304,410

7.3

15.2

65.2

Sisak-Moslavina

1.149

4.21

183,531

6.2

7.6

46.5

Split-Dalmatia

2.264

8.31

456,967

5.0

13.4

70.1

680

2.49

112,070

6.1

9.4

54.3

1.005

3.69

183,730

5.5

8.4

31.6

Virovitica-Podravina

574

2.11

92,381

6.2

5.7

32.9

Vukovar-Srijem

974

3.57

197,838

4.9

6.6

43.2

Zadar

786

2.88

158,936

5.0

10.6

53.6

Zagreb

1.610

5.91

304,186

5.2

7.8

31.4

27.260

100.00

4,437,460

6.1

11.9

100.00

County

Osijek-Baranja Požega-Slavonija

Šibenik-Knin Varaždin

Total

Source: Central State Bureau for Administration, Government of Croatia and Official Gazette 2004, Central Bureau od Statistics.

THE IMPORTANCE OF CIVIL SOCIETY IN CROATIA

In addition to 27,260 associations, there are 86 foundations and about 250 private institutions with the status of civil society organisations in Croatia. Therefore, there are about 630 associations per 100,000 inhabitants. The number of associations per 10,000 inhabitants per country varies from 8.3 in the County of Dubrovnik-Neretva to 4.9 in the County of Vukovar-Srijem. It is important to mention that 50.4% of the registered associations are found in the surroundings of four major towns in the country. There is a statistically significant correlation between the number of people with higher education qualifications and the number of associations per country. Experts and activists have noticed a gradual increase in the number of newly founded associations, and increased interest to found them in smaller towns, which represents new civil initiatives. Similar conclusions have been drawn in many discussions, and it has been indicated that there is interest in transferring the positive experiences of successful associations and a need for their assistance in establishing similar associations in smaller or rural areas. In economically well-developed parts of the county, associations are more active, enjoy better cooperation with local government and are, therefore, more efficient in the realisation of their programmes. These organisations may receive more significant support from more numerous members and volunteers. However, the efficiency of these organisations and of those implementing the programmes is dubious.

4.7. Conclusion Relevant participants, in particular the state at the local level, are gradually gaining confidence in civil society organisations. The role of these organisations is being recognised at more levels, and there are signs of a path being laid for cooperation and for the development of partner relations. Civil society organisations have increasingly been advocating the interests of different social groups. They have confirmed themselves in the protection of citizensâ&#x20AC;&#x2122; rights, and are embarking on tasks in the provision of social services. Creating an impact on public policies is a long process, but one which is already yielding its first results. Concerning the contribution of civil society in individual spheres, it is important to underline the achievements made in democratisation, tolerance, non-violence, gender equality, environmental protection, empowerment of women and assistance to marginal groups. Civil society in Croatia is an urban phenomenon and is generally better developed and more efficient in economically more developed areas. Civil society organisations in Croatia still do not hold adequate significance in the eyes of the Government, the private sector and other actors. A strategy of civil society development should be made so that civil organisations can be recognised as partners at all levels of development.

CONCLUSION

CONCLUSION 64

The development of civil society in Croatia obtained new momentum at the beginning of this century, and now there is a broader circle of stakeholders that recognise the significance of civil society organisations. Such organisations are slowly gaining in confidence and appear as partners to local and regional government, and also in part to Government bodies. Economic entities have recognised the important role played by civil society organisations and have started to support their work. Civil society organisations appear as agents and supporters of the introduction of positive social change, particularly at the level of the local community. In this manner, the principle of subsidiarity is fulfilled, civil society is rooted in local communities and, what is of special importance, it is developing from the bottom up, with the participation of citizens. The importance of civil society organisations in Croatia has been seen in the articulation of the interests of different social groups. The articulation, protection, and advocacy of interests through the principle of free association and through the establishment of different associations have been expanding as part of the new culture of active citizenship. Citizens are recognising generally useful civil initiatives and are becoming increasingly ready to support them actively. Good examples of this are the activities of consumer associations and environmental protection associations. Civil society organisations in Croatia are key factors in the protection of human rights, the democratisation of society, the promotion of tolerance and non-violence, the advocacy of gender equality, the actualisation of the issue of the position of women in society, and in providing assistance to marginalised groups. Some associations for disabled persons have achieved important social novelties and have succeeded in sensitising the general public. Civil society organisations in Croatia are still a relatively urban phenomenon and their activities are most noticeable in large towns and in the more developed parts of the country. Influencing public policy and the provision of social services still represent a challenge for the future development of civil society. However, attention should be paid to the insufficient use of civil society organisations in the preparation and implementation of different public policies The strategy for the development of civil society prepared by relevant experts could give substance to the role of civil society organisations, provide them with additional legitimacy and strengthen their role. The capacity of civil society organisations in Croatia is constantly increasing. However, organisations are becoming more aware of the problem of human capacities and are investing more into the education of their staff. However, so far civil society organisations have not taken the opportunity to employ young experts with the support of state programmes. This should be a task for future development. Able staff will be capable of acquiring more financial resources. After the accession of the Republic of Croatia to the European Union, civil society organisations will have access to new financial resources. Recognisable leadership, the striking public appearances of representatives of civil society organisations, networking and forming coalitions for the purpose of concrete action still represent a crucial development task for civil society in Croatia.

CONCLUSION

A very extensive institutional infrastructure for civil society development has been formed in Croatia at the state level. With the establishment of the National Foundation for Civil Society Development, financial resources for the sustainable development of civil society organisations have increased. The Council for the Development of Civil Society should be more recognisable to the public and more efficient in proposing policies for the sustainable development of civil society. State organisations still consider that they support the development of civil society and that it is developing from the top down. The state and civil society organisations have made only the first steps towards the opening of dialogue on different problems and issues. Encouraging dialogue between the state and civil society organisations also remains a challenge. Basic legislation on the establishment and activities of civil society organisations largely matches the standards of democratic countries, while the Act on Foundations and Trusts still requires amendments.

What can the countries in the region learn from the Croatian experience in the development of civil society? 1. Owing to requests from civil society organisations, a transparent system of public tender has been developed, i.e. the granting of funds from the state budget, with this practice being followed by some larger towns. 2. Due to the requests and lobbying of civil society organisations and some foreign donors, a generally favourable and stimulating tax framework for the work of civil society organisations has been created. 3. With the establishment of the National Foundation for Civil Society Development, there has been an increase in the financial resources that might contribute to sustainable civil society development. 4. The Council for the Development of Civil Society of the Republic of Croatia has been established, thus contributing to resolving the issue of the legitimacy of civil society organisations as actors in modern social development. 5. Some towns and counties have drawn up programmes for cooperation with civil society organisations. 6. The need for the preparation of the Strategy for Civil Society Development in Croatia has been emphasised. 7. The State has entrusted civil organisations with the provision of services to vulnerable groups, including victims of domestic violence. 8. Some economic subjects allocate funds by means of a public tender, and several have issued the first reports on socially responsible business.

CONCLUSION

REFERENCES

REFERENCES 68

Alaburić, V (2003): Systematic Government Attacks on the Freedom of the Media, Jutarnji list, 14 July 2003. B.a.B.e (2002): The Perception of Non-Governmental Organisations in Croatia, unpublished paper. B.a.B.e. (2004): CATI – attitudes towards NGOs; II round; unpublished paper. Bežovan,G., Zrinščak, S., Vugec, M. (2005): Civil Society in the Process of Gaining Trust in Croatia and the Building of Partnership with the State and other Participants, Zagreb, CERANEO. Bežovan, G. (1995): Non-profit Organisations and the Combined Social Policy Model, Social Policy Review, 2: 195-214. Bežovan, G. (1997): Problems and Needs of Non-Profit Organisations in Croatia, CERANEO, unpublished paper. Bežovan, G. (2004): Civil Society, Zagreb, Publisher Globus. Bežovan, G., (2005): Croatian Academic Banditry, Vjesnik, 26 June 2005. Bežovan, G., Zrinščak, S. (2001): Possibilities of Decentralisation in Social Policy and the New Roles of Local Government, Social Policy Review 8:239-258. Despot-Lučanin, J., Coury, J. M. (1995): Possibilities and Difficulties in the Development of Non-Governmental Organisations, in Croatia, Social Policy Review, 2:137-144. Črpić, G., Zrinščak, S. (2005): Emerging Civil Society. Free Time and Voluntary Organisations in Croatia: in J. Baloban (ed.) Searching for Identity. A Comparative Study of Values: Croatia and Europe, Zagreb, Golden Marketing (in press). Commission of the European Communities, Communication from the Commission. The Opinion on Croatia’s Application for Membership of the European Union, COM (2004)257, final text, Brussels, 20 April 2004, available at www.mei.hr. Kregar, J. (2004): Partnership in the Performance of Public Jobs: in M. Gogić (ed.) How to Cooperate with the Government Even When It Does Not Want To (p.19-32) Zagreb, HHO. Ledić, J. (1997.) Croatia: in Poinier L. W. (ed.): The New Civic Atlas - Profiles of Civil Society in 60 Countries, Washington DC, CIVICUS. Official Gazette, 52/2002: Projects and programmes of associations and amounts for their financial support from the State Budget in 2002, secured in the item of the Office for Cooperation with NGOs in a table divided according to programme activities. Official Gazette, 83/1992 Humanitarian Aid Act. Official Gazette, 132/1998, 70/2001: Regulation on the Government Office for Cooperation with NGOs. Official Gazette, 26/2002.: Decision on the Establishment of the Council for the Development of Civil Society and the Appointment of the President and Members of the Council. Official Gazette, 173/2003: Act on the National Foundation for Civil Society Development. Pavić-Rogošić, L. (2004): Our Community, Our Responsibility: Manual for the successful organisation of the local community, Zagreb, ODRAZ. Views. (1988): New Discussions on Civil Society, vol. 18. no.1.

REFERENCES

Puhovski, Ž. (2004): Civil Political Culture: in Gogić, M. (ed.) How to Cooperate with the Government even When They do not Want to (5-7), Zagreb, HHO. Pusić, E. (ed.) (1992): Croatia: Tasks and Directions, Zagreb, Croatian Academy for Science and Arts. Shimkus, D. (1996): Development of the Non-governmental Sector in Croatia, 16th Organisational Development World Congress, Cairo. Link- Bulletin of the Government of the Republic of Croatia’s Office for Cooperation with NGOs, 2/2005. Stubbs, P. (1996): Nationalisms, Globalisation and Civil Society in Croatia and Slovenia, Research in Social Movements, Conflict and Change, 19:1-26. World Bank (2000): Croatia – Study on Economic Vulnerability and Social Welfare (draft), Department for Poverty Reduction and Economic Policy for Europe and Central Asia. Šućur, Z. (2004): Poverty and Inequality in Croatia from 2001 until 2003, Social Policy Review 3-4:443-450. Association “Mi” (2004): Network of Mutual Assistance, Split. Government of the Republic of Croatia’s Office for Cooperation with NGOs, (2000): Programme for Cooperation between the Government of the Republic of Croatia and the Non-Governmental Non-Profit Sector in the Republic of Croatia, Zagreb. Government of the Republic of Croatia’s Office for Cooperation with NGOs, (2003): Programmes and Projects on Associations with Amounts of Financial Support from the State Budget Funds for 2003, on the Position of the Office for Cooperation with NGOs, Zagreb, http: www.uzuvrh.hr. Vjesnik, 1995., 8 May, Humanitarian Does Not Mean Legal. Government of the Republic of Croatia (1993): Social Programme, Zagreb. Government of the Republic of Croatia (2004): Programme of the Government of the Republic of Croatia 20032007, www.vlada.hr. Government of the Republic of Croatia (1996): Programme for the Fulfilment of Social Needs of Citizens in the Republic of Croatia from 1997 to 1999 Zagreb. Government of the Republic of Croatia (1998): National Employment Policy, Zagreb. Government of the Republic of Croatia: Framework Decentralisation Programme (period 2004 to 2007) www.vlada.hr. Government of the Republic of Croatia (2004): Programme of the Government of the Republic of Croatia 20032007, www.vlada.hr.

Links: www.ceraneo.hr www.socialplatform.org http://zaklada.civilnodrustvo.hr www.poslovniforum.hr/agenda www.uzuvrh.hr www.zenska-mreza.hr www.zamirzine.net www.human-rights.hr

NOTES

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