ASSOCIATION FOR COMMUNITY SELF-ORGANIZATION ASSISTANCE
PUBLIC OVERSIGHT OF THE IMPLEMENTATION OF THE NATIONAL STRATEGY FOR FACILITATING CIVIL SOCIETY DEVELOPMENT FOR 2016-2020 AT THE SUBNATIONAL LEVEL
The publication was developed in the framework of the UNDP project “Civil Society for Enhanced Democracy and Human Rights in Ukraine” under the financial support of the Ministry of Foreign Affairs of Denmark. Opinions, conclusions and recommendations belong to the authors of this publications and do not necessarily represent the opinions of UNDP, other UN agencies or the Ministry of Foreign Affairs of Denmark.
IN THE PROCESS OF MONITORING: analyzed
43
Regional Action Plans
reviewed activities of Regional Coordination Councils on the Civil Society development
analyzed
24
117
CSOs from all regions of Ukraine were involved in monitoring
interviews with experts
working groups
47%
state authorities
53%
civil society
recommendations to regional State authorities
ACCORDING TO THE MONITORING RESULTS: The current level of the National Strategy’s implementation is unsatisfactory.
organized
from 20 regions of Ukraine
400
Regional Civil Society Development Programs
conducted
167
provided
5
with the participation of the civil society and state authorities from 24 regions of Ukraine
There are significant regional differences between oblast administrations in how they work and take responsibility for the development of civil society, which is particularly due to the central authorities’ lack of oversight.
1.
Creating favorable conditions for the institutional development of the CSOs
2.
Ensuring the civil society participation in drafting policy and decisionmaking
NATIONAL STRATEGY
3.
FOR CIVIL SOCIETY DEVELOPMENT
Engaging civil society organizations in regional socio-economic development
NATIONAL LEVEL
NATIONAL STRATEGY FOR CIVIL SOCIETY DEVELOPMENT FOR 2016-2020
Developed and adopted by the Cabinet of Ministers annually
4.
Creating favorable conditions for cross-sectoral cooperation
REGIONAL LEVEL
Adopted by the Presidential Degree on 26.02.2016, № 68/2016
NATIONAL ACTION PLAN OF THE STRATEGY’S IMPLEMENTATION 2016
NATIONAL ACTION PLAN OF THE STRATEGY’S IMPLEMENTATION 2017
NATIONAL ACTION PLAN OF THE STRATEGY’S IMPLEMENTATION 2018
Oblast Action Plan 2016
Oblast Action Plan 2017
Oblast Action Plan 2018
REGIONAL PROGRAMS FOR CIVIL SOCIETY DEVELOPMENT Adopted by each oblast for 3-5 years on a basis of the National Strategy
REGIONAL PROGRAM
REGIONAL PROGRAM
Developed by the oblast administrations with the involvement of civil society and adopted by respective oblast councils
25
CORRELATION OF THE NATIONAL STRATEGY WITH THE REGIONAL PROGRAMS AND ACTION PLANS 65%
70%
72% 8% 12%
72% 68%
The National Strategy’s objectives are best reflected in the programs of Kyiv City and 57% Dnipropetrovsk oblast (72%), Sumy (70%), Kherson (68%), Chernihiv (65%) and Luhansk (57%) Oblasts. Worst results demonstrate programs of Vinnytsia (8%) and Zakarpattia (12%) Oblasts.
1. Creating favorable conditions for the creation and development of CSOs the % of correlation with the NS 17
Simplification of registration procedures for CSOs
3
The procedure for the establishment, operation and termination of bodies of Self-organization of the population
5
8
Civic education of the population Action plans 2018
Action plans 2017
36 78
Availability of a monitoring mechanism for the implementation of the Program
32
16 76 80 50
74 76
58 70
93
Establishing formal procedures for consulting the public in the process of policy development
65
Establishing formal procedures for the general meetings of members amalgamated communities
5
Developing and adopting statutes for amalgamated communities
5
Regional program
87
12 37 20 48 78 43
Mandatory public consultations in developing of local budgets
Transparency and openness procedures are in place in local council regulations
95 98
24
Introduction of civic expertise at the level of local government bodies
Introducing effective mechanism for electronic petitions 84
92
2. Public engagement in public policy-making
20
Competitive selection of CSO projects for funding by the State Other mechanisms of financial support for civic initiatives
80
Availability of the mechanism for the implementation of the Program
68 11 8 11 8
28
35
87
82
3. Stimulating the participation of civic organizations in socio-economic development 30
Procurement of social services with local budgets
24
50
Involvement of CSOs in the implementation of local programs
66 37
Involvement of CSOs in assessing the needs of citizens in services Provision of CSOs the right to use communal property on preferential terms
58,7% 2017
49,2% 2018
60 24 4
55
The extent to which the National Strategy is reflected in the Regional Programs decreased in 2018
Possible reasons: Local authorities more carefully developed the Regional Action Plans, since the civil society control over the Plans’ implementation has intensified Insufficient oversight by the Government and the National Coordination Council There is no clear relation between regional Action Plans, Regional Programs and the Government Action Plan.
76
Preventing fraud in the field of charitable assistance
74
Expansion of public-private partnership with the participation of CSOs
50
63
40 4
61 62 17
68
26 43
Promoting volunteer activity
74
32 24
Inclusion of civic education courses and topics into education curricula Introduction of training for specialists in management of non-governmental organizations
84
48
Mandatory reporting of CSOs receiving state support
61
20
43
Consultations on the creation and operation of CSOs
55
26
Improving the mechanisms of financial support for social entrepreneurship
4. Enhancing multisectoral partnership
48 15 8
58
39
Providing support to regional authorities regarding cooperation with civil society actors
70
76
Rising awareness campaigns and social advertisement on civil society development Research and communication activities in the area of civil society development Regular updates on the Strategy Implementation
100 100
76 52 42 59
87
82
84 82
HOW THE OBJECTIVES OF THE NATIONAL STRATEGY ARE REFLECTED IN REGIONAL PROGRAMS AND ACTION PLANS, %
58 73 65
50 53 40 38 65 62
47 50 47
32 42 30
42 32 32
70 73 70
70 82 72
27 37 25 90 72 38
58 32 25 33 12
Contrary to the state policy aimed at increasing transparency and accessibility of information, some oblast councils and oblast executive bodies either do not publish Draft Action Plans and/or Programs in time or do it in a way that makes public access to these documents too complicated.
32 65 40
48 63 25
57 8
63 80 35 50 57
27 72 55 43 33 65 87 35
47 70 33
Many of the tasks within the Regional Programs and Action Plans have purely declarative nature. They lack specific activities, timelines, appointed responsible parties, as well as allocated resources.
55 67 32
30 20 23 50 53
The funding of the Programs largely does not correlate with the envisaged actions. Non-budgetary sources of Programs’ implementation are not specified. In addition to lack of communication between oblast councils and oblast administrations, there is a lack of methodological basis to elaborate on Regional Action Plans of the National Strategy’s implementation.
35 67 50
Action Plan 2018 Action Plan 2017 Regional Program
It is impossible to find information about implementation of the Regional Programs and Action Plans on most of the websites. There is no clear information as to who is responsible for the Regional Programs and Action Plans’ implementation and how CSOs can be included in this process.
FINANCING OF THE REGIONAL PROGRAMS FOR CIVIL SOCIETY DEVELOPMENT UAH
509
321,837,000
46.6 557.2
total allocated funding for
894 234.4
5 years
28 838.1
7 36.7
9 989.4
296 100
204
122 4 943.9
Not directly related to the National Strategy implementation and should be included in other oblast programs Related to purely informational policies and have secondary relevance to the National Strategy Planned budgeting for 5 years
785
355 0
4,2%
24,3%
321,837,000 71,5% UAH
687.5
7 771.2
160
Average annual Allocated planned amount 0% 0-30% Allocated in 2017 30-70% 70%-100%
7535 13 782
1300
0
500 118.9
68
2 810.8
462
711.5
0
230,522,000 UAH TOTAL AMOUNT
0
300 273.8
909.8
23992.5
1070 700
550
200
1 889.7
1570
0
587.5
Allocated for activities directly related to implementation of the National Strategy
0
788 877
12%
88
3,787,685 UAH Allocated in 2017
1.35
270
6
regional programs were not financed in 2017
68%
utilized of allocated funds for 2017
100
REGIONAL COORDINATION COUNCILS According to the Presidential Decree, the consultative bodies to facilitate the civil society development were to be established in all oblasts of Ukraine and in Kyiv city. The following issues are usually discussed at the Coordination Councils’ meetings:
280
public servants
41,4%
Regional Coordination Councils
677
58,6%
397
civil society representatives
members
+ + + + +
Civil society - state cooperation; Organizing local project competitions for CSOs; Elaboration and implementation of the annual Regional Action Plans; Reviewing of the Draft Regional Programs; Other issues related to the civil society development.
Problematic issues in the Coordination Councils’ functioning: The process of forming the Coordination Councils is different in each region, since there is no clear procedure in the legislation.
Formal nature of its functioning; No meetings held; Weak engagement of the members in the work of Coordination Councils; Insignificant impact of the Coordination Councils on the regional processes.
GENERAL SUMMARY OF MONITORING OF THE NATIONAL STRATEGY IMPLEMEMTATION AT REGIONAL LEVEL RANKING IS BASED ON 40 CRITERIA (AS OF JULY 1, 2018)
62
90 79
Monitoring revealed significant regional differences in efficiency of the state authorities in this area
85
97 77
85 67 56
54
62
74
82
69 64
69 69
74
62
51 77
70%
is the average level of efficiency of the regions with regard to the National Strategy implementation in Ukraine.
69
51
74 67
90%
2
Chernihiv Oblast
97%
1
Kyiv City
85% 3
Lviv and Sumy Oblasts
CONDITIONS FOR THE CSOS’ FUNCTIONING. WHAT HAS CHANGED IN 2016-2017
+
1. Registration of the civil society organizations was simplified. A new possibility to register CSOs in the TsNAPs (Center for administrative services) was made available. 2. State and city programs, project competitions, and participatory budgets were formed. 3. Impact of civil society institutions (CSIs) on the regional processes increased due to the CSIs participation in consultative bodies and working groups. 4. More information is available for the CSOs: Justice Departments provide free counseling regarding CSO registration; open data sources and data analysis is available.
–
1. Experts have different opinions on re-registration of the non-profit status of NGOs due to the expiration of the Transitional Provisions of the Law of Ukraine "On Public Associations". On the one hand, it prompted NGOs to review and update their charter documents, and non-functioning organizations were mostly eliminated. On the other hand, there was no clear communication regarding re-registration procedure and its consequences, and some NGOs ceased to exist for that reason. 2. The introduced system of e-declarations for members of public councils and the civil society organizations which work against corruption is rated negatively by respondents as a constraint and an instrument of pressure from the authorities.
financial: project competitions for the CSOs, participatory budgets
information and media support to announce NGO events and to communicate the results of their activities
advisory and educational: expert support, training for CSO representatives
STATE AUTHORITIES SUPPORT CSOs
provision of information platforms for holding round tables and seminars
creation of advisory bodies
provision of premises for rent on preferential terms
To state authorities To effectively cooperate with the civil society, public servants lack tolerance, the motivation and willingness to support civil society, and the ability to regard the civil society as an equal partner. They do not have a clear understanding of the role and functions of the civil society and are not aware of opportunities of such cooperation. In addition, they experience lack of time and direct contact with the public.
EXPERTS’ OPINIONS
+
–
Generally, the experts highly rated the role of project competitions for CSOs coming from local budgets. Local initiatives foster greater public engagement and responsibility. CSOs have a better understanding of the needs of the community since they work with specific vulnerable groups and social divisions. In addition, the open calls contribute to more efficient budget spending. 1. Insignificant budgets allocated for the civil society projects cannot solve community problems on a large scale, but rather help fixi domestic problems (for example, the establishment of playgrounds or bus stops). 2. Sometimes the competitions are not transparent: it is not clear how the winners are chosen. 3. Most of the CSOs are not willing to participate in the competitions, given the small amount of the financial support and the complexity of financial reporting, including to the State Treasury. 4. CSOs may not have experience in developing project applications, thus worthy ideas might not be recognized and therefore may be rejected.
Results of the monitoring have demonstrated that the civil society can and should influence the decision making at the regional level. In most oblasts, state authorities have implemented the recommendations of the civil society experts. The project activities have had a significant influence on the way Oblast State Administrations implement the National Strategy.
A vast majority of the recommendations provided by the regional experts to the Oblast State Administrations and Oblast Councils have been taken into account. Mostly, the recommendations referred to improvement and adoption of the Regional Programs Vinnytsia oblast
improvement and adoption of the Action Plans
the Action Plan for 2018 is comprised of almost 90% of the recommendations of the civil society experts
training for public servants and the civil society representatives
Odessa oblast
improvement of communication between the state authorities and the civil society
Due to the civil society pressure in Odessa oblast the process of adopting the Regional Program has proceeded, while being previously hampered by the budget commission. The civil society experts have assisted in developing the indicators for assessing the program implementation effectiveness.
reporting on the Strategy’s implementation in the region establishing the Coordination Councils monitoring the implementation of Regional Action Plans’ conducting project competitions for the CSOs in the regions
!
RECOMMENDATIONS Ukrainian Parliament: Improve the national legislation in order to implement the National Strategy in the regions (approve the Draft Law "On Public Consultations", amend the Law "On Local SelfGovernment in Ukraine" and the Budget Code of Ukraine)
Government: Release annual public reports on the measures taken to implement the National Strategy and annual plans for its implementation Finalize the regulatory framework for the activities of public councils and other advisory bodies in cooperation with the civil society
Oblast State Administrations and Kyiv City: Ensure public revision of the annual Action Plans (by February this year) Increase availability of the responsible subdivisions and officials for cooperation with the civil society in the structure of Oblast State Administrations
National Coordination Council for the Civil Society Development under the President of Ukraine Ensure regular meetings of the National Coordination Council and Regional Coordination Councils Ensure regular quarterly reports of the Regional Coordination Councils are published before the National one report
Civil Society Organizations: Provide proper civil society support for establishment and functioning of the Regional Coordination Councils and Public Councils, e.g. by the formation of the regional CSO-coalitions Initiate a study on the state of the civil society development of in the regions, level of openness and transparency of government activities, etc.