participation of civil society and citizens kosovo, bcsdn workshop 4 july 2012

7/31/2019 Participation of Civil Society and Citizens Kosovo, BCSDN Workshop 4 July 2012

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Taulant Hoxha – Program Director

Kosovar Civil Society Foundation (KCSF)

Skopje – 4th of July 2012



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Structure of the presentation

Specific background of CSOs participation in

Kosovo

Recent developments

Current state of its implementation

Civil society vis-à-vis participation

Main challenges ahead



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Where do we come from?

1990 – 1999: Parallel system & civic movement, no

division between public authorities and

citizens/CSOs

1999 – 2008: International Administration inKosovo

UNMIK - all executive powers

SRSG - the ultimate authority in Kosovo Domestic authorities not always consulted for

important decisions

No real citizen’s participation in this system of

decision-making



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After 2008

CSOs shifted their role

from assisting the emergency and reconstruction process of the after-

war (after 1999),

into contributing to the overall state-building process of Kosovo (after

2008)

With Kosovo institutions developing new policies and laws,

CSOs became more and more focused in policy-making

Currently

Advocacy CSOs

Think Tanks

Watchdogs

Sectorial CSOs



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Before 2011

2005-2011 Rules of Procedures of the

Government:

Legal Office of the Government may ask for the opinion

of external experts and Kosovar society Law-making cycle: Ministerial WG → Governmental

WG → Government → Assembly

Practice:

Ad-hoc consultations

Mostly governmental level (not Ministries)

Participation in the working groups (out-voted)

No planning, feedback, reporting, monitoring



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Recent developments

2011 Rules of Procedures of the Government

Obliges the government to consult the

public for all policies (Art.32)

Seek for comments √

Provide sufficient information on the policy X

Report the results of the consultations to the

Ministerial Committee X

Guidance for conducting public consultations √



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Policy making cycle

Policy-making cycle: Ministerial Team →

Government → Assembly

Concept Document (obligatory consultations) –

prior to primary legislation, important secondary

legislation, recommendations that have significant

social, economic or other impacts, proposals that

have high implementation costs, or importantGovernment or ministry priorities.

Explanatory Memo – all other proposals



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Public consultations

For all Concept Documents

CSOs can be involved in Ministerial Team

CSOs need to be consulted before submission to the

governmentWritten consultations (3 weeks) and public hearings

For Explanatory Memos

No binding requirements Urgent procedure (reasoned, with permission of

the Prime Minister)



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Manual on Public Consultations

Prepared by KCSF, adopted by the Government

Official guidance for public consultations

General information, advice and tools on:

Theory of public consultation

Planning, conducting and reporting

Identifying stakeholders

Organizing public hearingsWritten consultation documents (template)

Using and reporting results (template)



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Current state of implementation

Immediate increase of invitations for written

comments √

Significant increase of awareness to involve CSOs

(although not properly understanding why) √ X

Little capacities to properly plan and conduct

consultations X

No feedback, reporting, monitoring X

The process focused only within one governmental

office – no ownership from others X



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Civil society vis-à-vis

participation

A number of well-established CSOs are very active in

civil society horizontal issues, rule of law, social issues,

education etc.

Smaller CSOs lack capacities for concrete contributionsto decision-making process, either related to the

process or to the subject

Few sectorial platforms (formal and/or non-formal)

Lack of information on legal opportunities, lack of

pressure for proper implementation of legal provisions



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Administrative capacity vs.

political will

Political will without capacities: chaotic and

selective consultations, successful only with right

people at both sides (not often)

Capacities without political will: “tick the box”consultations, decrease of trust and response from

CSOs

Structures enable the willing institutions and CSOsto properly cooperate

Obligatory rules “force” the unwilling institutions

and CSOs to give it a try



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Main challenges ahead

Minimum standards (obligatory)

Selection procedures

Monitoring and reporting system

Capacity building for civil servants

Capacity building for CSOs

Understanding the benefit of public

consultations

One pulls the other



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www.kcsfoundation.org

[email protected]

Thank you for your attention!

http://www.kcsfoundation.org/

mailto:[email protected]

mailto:[email protected]

http://www.kcsfoundation.org/