Civil society - Government relations and enabling legal environment

Policy on Government relations and legal environment.

A toolkit to assist AGNA members engage with their Governments in moving from conflict to engagement.

Legal environment validates Government relations with civil society. CSOs must be able to form freely and interact with Government and engagement to review legislation requires positive relations with Government.

Current relations

• Relations range from indifference and conflict through tolerance to engagement.

• Organised civil society can lead to antagonism and conflict with governments wanting to limit community activity.

• Or community activism can result in tolerance where Government expects civil society to keep to its “place”.

• However, positive relationships can develop leading to partnership in delivery of services, monitoring government, and helping develop policies.

Future relationships

• We need to encourage both Governments and civil society to develop positive and mutually supportive relationships.

• What are the factors that prevent this and how can engagement be encouraged without leading to conflict?

Key themes and priorities for action

• Need to educate governments (especially officials) about civil society and positive role CSOs can play as partners in development - not just as critics of government.

• Only three countries have formal agreements or compacts between the government and civil society in place. Two have draft compacts that have not been ratified.

• Several responses said that an agreement would be useful. The focus should be on the process used in creating an agreement and its implementation – not just the content.

Action not words.

Survey themes• Even where governments are negative to civil society

examples were given of positive engagement. Lack of formal recognition does not prevent the existence of vibrant civil society.

• Active and vocal civil society may not lead to its acceptance. Civil society may be “understood” and viewed as an opponent.

• Officials may see CSOs as a challenge, as part of the political opposition, or there being a culture of mutual suspicion.

ADD Survey evidence

How can AGNA engage?

• Written legislation and MOUs are not useful without practical action & implementation.

• AGNA should focus on “how to engage” with Governments – as well as written “best practice”.

• This work needs organised and effective national umbrella organisations.

Collective expression of citizen aspiration?

In order to achieve these goals organisations focus on three key areas:

• a) partners to collaborate and develop a coherent direction

• b) targets who can unlock the spaces for social change to take place

• c) messages to ensure that there is a clear request for change

Structured role of civil society

• How to develop national networks?

• Internal self governance

• Recognition by government/authorities

Moving Towards Solutions?

How do we define best practice in:

• Building coalitions, networks & alliances

• Communications approaches & Advocacy

• Space for dialogue, eg. agreed framework with government

• Contractual relationships with government, eg. procurement of projects

Working Groups to consider:

• "What are the key issues and/or barriers to building a working relationship with your government?";

• “What are the key strengths of civil society in your country on which a working relationship with government can be built?”;

• "What has worked well in the relationship in your country?".

Collective Message

• “What suggestions emerge from our discussion for a “global charter of citizen claims”?”