Scoping study for Scoping study for Improving Improving

Transparency Transparency through Citizen through Citizen

Charters in SerbiaCharters in SerbiaTransparency SerbiaTransparency Serbia

Presentation Presentation

September 27September 27thth 2010 2010

Basic information about Basic information about Scoping studyScoping study

Supported by UK Ministry of foreign Supported by UK Ministry of foreign affairs – Programme Office / Foreign affairs – Programme Office / Foreign & Commonwealth Office & Commonwealth Office

Implemented by Transparency SerbiaImplemented by Transparency Serbia Timeframe: August 2010 / March Timeframe: August 2010 / March

20112011 Purpose: To map legal framework, Purpose: To map legal framework,

recommend further actions, raise recommend further actions, raise awareness through Citizen Chartersawareness through Citizen Charters

““Citizen’s Charter” as Citizen’s Charter” as concept - UK concept - UK

The The Citizen's CharterCitizen's Charter was political initiative launched was political initiative launched by UK prime minister, John Major on 22 July 1991. It by UK prime minister, John Major on 22 July 1991. It aimed to improve public services in the UK by:aimed to improve public services in the UK by:

Making administration accountable and citizen friendly. Making administration accountable and citizen friendly. Ensuring transparency and the right to information. Ensuring transparency and the right to information. Taking measures to cleanse and motivate civil service. Taking measures to cleanse and motivate civil service. Adopting a stakeholder approach. Adopting a stakeholder approach. Saving time of both executant and the clientelee Saving time of both executant and the clientelee One part of the initiative was the granting of “Charter One part of the initiative was the granting of “Charter

Marks" to those public bodies meeting defined Marks" to those public bodies meeting defined standards.standards.

Source: Wikipedia, Free encyclopedia Source: Wikipedia, Free encyclopedia

““Citizen’s Charters” as Citizen’s Charters” as conceptconcept

Anti-corruption efforts usually incorporate elements Anti-corruption efforts usually incorporate elements intended to develop, establish and promote basic intended to develop, establish and promote basic standards for ethical conduct and good practices. In this standards for ethical conduct and good practices. In this context, citizens’ charters and similar documents can be context, citizens’ charters and similar documents can be seen as complementary to codes of conduct. seen as complementary to codes of conduct.

Where codes of conduct set and enforce standards from Where codes of conduct set and enforce standards from within public sector organizations, within public sector organizations, citizens’ charters citizens’ charters establish those same standards from outside, by establish those same standards from outside, by codifying the standards and making outsiders who codifying the standards and making outsiders who deal with the organization in question aware of them.deal with the organization in question aware of them.

Often they are composed in terms of Often they are composed in terms of rights or legitimate rights or legitimate expectations,expectations, in the sense that consumers or in the sense that consumers or users of a users of a service are told that they have a right to expect service are told that they have a right to expect certain specified standardscertain specified standards. In some cases a . In some cases a remedy remedy may be provided for where the standards are not met, may be provided for where the standards are not met, and consumers are usually told how to complainand consumers are usually told how to complain..

Source: UNODC, Anti-corruption Toolkit, 2004Source: UNODC, Anti-corruption Toolkit, 2004

““Citizen’s Charters” as Citizen’s Charters” as conceptconcept

The key objectives of citizens’ charters are:The key objectives of citizens’ charters are: To promote better government that provides To promote better government that provides

high quality, efficient and effective public high quality, efficient and effective public services and regulation, delivered in an services and regulation, delivered in an accountable, open, accessible and responsive accountable, open, accessible and responsive way; andway; and

To maintain and enhance professional and To maintain and enhance professional and ethical standards of the civil service and non-ethical standards of the civil service and non-departmental public bodies and promote high departmental public bodies and promote high standards of accountability and openness in standards of accountability and openness in the wider public sector.the wider public sector.

Source: UNODC, Anti-corruption Toolkit, 2004Source: UNODC, Anti-corruption Toolkit, 2004

Background of projectBackground of project Publishing information about the work of public institutions and Publishing information about the work of public institutions and

the services that institutions should provide to citizens is a very the services that institutions should provide to citizens is a very effective tool to increase the transparency and accountability of effective tool to increase the transparency and accountability of institutions’ work, and consequently to prevent corruption. institutions’ work, and consequently to prevent corruption.

Serbia has basic legal pre-conditions to develop concept for pro-Serbia has basic legal pre-conditions to develop concept for pro-active informing about services under the Law on Free Access to active informing about services under the Law on Free Access to Information (duty of public authorities to publish Informative Information (duty of public authorities to publish Informative Directories) and the National Anti-corruption Strategy (duty to Directories) and the National Anti-corruption Strategy (duty to increase the transparency of the work of public authorities and increase the transparency of the work of public authorities and to create an effective system for grievances). However, the to create an effective system for grievances). However, the concept is still underdeveloped and could be significantly concept is still underdeveloped and could be significantly improved. improved.

There is no comprehensive analyzes of legal duties of public There is no comprehensive analyzes of legal duties of public institutions to publish information about services they are institutions to publish information about services they are providing to the citizens nor about eventual improvements in the providing to the citizens nor about eventual improvements in the field made under scope of anti-corruption strategic documents.field made under scope of anti-corruption strategic documents.

The public shows general interest for the lack of information The public shows general interest for the lack of information about work of public institutions but lacks comprehensive way of about work of public institutions but lacks comprehensive way of citizens engagement. citizens engagement.

Scoping study - ActivitiesScoping study - Activities AActivity 1. Research ctivity 1. Research Collecting and analyzing of information about other countries Collecting and analyzing of information about other countries

experience in developing of Citizen charters’ and similar models. experience in developing of Citizen charters’ and similar models. Collecting and analyzing of information about legal framework Collecting and analyzing of information about legal framework

that regulates duty to publish information about work of public that regulates duty to publish information about work of public institutions and in particular about service providing (what is institutions and in particular about service providing (what is mandatory to publish, what is restricted from publishing etc.) The mandatory to publish, what is restricted from publishing etc.) The research will cover duties coming from research will cover duties coming from Free access to Free access to information lawinformation law, but would also cover other legislation. Drafting , but would also cover other legislation. Drafting of recommendations for improvements and further action. of recommendations for improvements and further action.

Analyzes of anti-corruption strategic acts (National anti-Analyzes of anti-corruption strategic acts (National anti-corruption strategy, Action plan and eventually adopted sectoral corruption strategy, Action plan and eventually adopted sectoral action plans) in order to establish duties related to publishing of action plans) in order to establish duties related to publishing of information and publicity of work of public sector. Drafting of information and publicity of work of public sector. Drafting of recommendations for improvements and further action. recommendations for improvements and further action.

Data collecting and analyzes of respect of duties of public Data collecting and analyzes of respect of duties of public institution to publish information on services provided to the institution to publish information on services provided to the citizens within the current legal framework (in particular through citizens within the current legal framework (in particular through Informative directory)Informative directory)

Scoping study - ActivitiesScoping study - Activities 2. Public awareness and advocacy activities2. Public awareness and advocacy activities Two press – conferences in order to present findings Two press – conferences in order to present findings

of analyzes to the public of Serbia of analyzes to the public of Serbia Three roundtable discussions with stakeholders in Three roundtable discussions with stakeholders in

order to promote results of analyzes and order to promote results of analyzes and recommendations for improvements (in order to recommendations for improvements (in order to promote researches and advocate for changes of promote researches and advocate for changes of legislation and practice) – covering: 1) foreign legislation and practice) – covering: 1) foreign experiences with Citizen’s charters, 2) Legal experiences with Citizen’s charters, 2) Legal framework for Citizen charters in Serbia and 3) framework for Citizen charters in Serbia and 3) implementation of Strategic anti-corruption plans implementation of Strategic anti-corruption plans

Advocacy for creation of better environment for Advocacy for creation of better environment for establishment and implementation of Citizens’ establishment and implementation of Citizens’ charters in Serbia (drafting and public promotion of charters in Serbia (drafting and public promotion of initiatives to change legal and strategic acts)initiatives to change legal and strategic acts)

Drafting of publication Drafting of publication

What after Scoping What after Scoping study?study?

Improvement of legal framework Improvement of legal framework Improvement of pro-active on-line Improvement of pro-active on-line

publishing of information related to the publishing of information related to the services (e.g. Informative Directories, e-services (e.g. Informative Directories, e-government Portal)government Portal)

Linking of Citizen Charters with Integrity Linking of Citizen Charters with Integrity plans of public institutionsplans of public institutions

Providing training or consultations to Providing training or consultations to public institutions and civil services in public institutions and civil services in chargecharge

Follow-up activitiesFollow-up activities

Monitoring of compliance with legal duties Monitoring of compliance with legal duties and initiating of remedial actions against and initiating of remedial actions against offenders (e.g. misdemeanor procedures)offenders (e.g. misdemeanor procedures)

Functioning of “citizen charters” in Functioning of “citizen charters” in practice – e.g. to which extent are practice – e.g. to which extent are deadlines respected deadlines respected

Promotion of concept among citizenryPromotion of concept among citizenry Advocacy to put citizen charters and Advocacy to put citizen charters and

broader concept of good governance on broader concept of good governance on political agendapolitical agenda