Speech by Outi Ojala

13th BSPC – Bergen, Norway August 2004Dear Chairman, Esteemed Colleagues, Ladies and Gentlemen,I would like to express my profound delight that we are gathered here in Bergen and to thankthe hosts and the organising committee for their invitation.I am here today to present my recommendations on NGO legislation in the Baltic Sea Region.The III NGO Forum met Turku, Finland in May 2003 and was very comprehensive with over400 participants. So was also the IV NGO forum organised in April 2004 in Pärnu, Estonia.The participants of those forums stressed the need to strengthen the civil society organisationsand to create favourable conditions for their operational environment. These foundations of ademocratic society should be guaranteed by law and practice. CBSS and BSPC were asked toclarify the legislative conditions in which NGOs operate and emphasise the importance of thework that these bodies do in our region and cooperation between them. I was appointed inDecember 2003 as a Rapporteur on NGO legislation in the countries in the Baltic Sea regionby the parliamentarians.I asked a cross-section of NGOs in each country for their views on the legal framework andopportunities for cooperation. The project started in January 2004 with the first visit held inRiga, Latvia. I visited most of the countries in the region (Latvia, Estonia, Poland, Lithuania,and Russia), sought for information from governments and NGO representatives and heldround-table discussions. A questionnaire was also sent to several NGOs and state officials inevery country of the Baltic Sea region. Of course all NGOs in the region could not becontacted. Therefore I had to rely on advice and proposals from the NGO centers in the regionregarding which NGOs to contact. Around 200 answers were received.My main interest was to receive information regarding the registration procedures, thefinancial situation, the access to information, the participation in the decision-making process,the cooperation within the region and on the European level.It appeared from the beginning that the situation in countries in our region differs very much.This influences to a great extend the functioning of the civil society community. NGOs are1working in various fields of activities. Their size, resources, orientations and objectives aredifferent.During the discussions it emerged that legislation regarding NGOs in our region is beingdeveloped and some progress has already been made. But changes still remain to be done inorder to give NGOs decent possibilities to work and cooperate in the region. Difficultiescome from differences within the countries!The differences existing in the legislation in the countries do not give NGOs the sameconditions to conduct their activities. A positive outcome is that there is no restrictionregarding the establishment, the freedom of association in the region. But difficulties appearwhen analysing other issues. It seems that NGOs do receive different treatments whenexercising their activities, depending on their field of activities, their status, their contacts etc.Regarding the registration procedures in the region no major problems exist. Nevertheless itshould be pointed out that the registration fee should be reasonable in order to not prevent thewish to associate. And the procedures should be as straightforward as possible. Complexprocedures are time and money consuming for NGOs.Most of the NGOs in the region face the problem of surviving, covering administrative costs.This hinders their possibilities of long-term planning. Their actions to ensure people’sparticipation in every aspect of political, social and economic life are therefore limited to acertain extend. Regarding international funding possibilities, a current tendency in the regionis the shrinking of those resources. On the European Union level, even if the enlargementcreates new financial possibilities, application procedures are seen as pretty complicated. Theconditions regarding self-financing are also seen as very problematic for most of theorganisations.Regarding the taxation regulations, many differences exist in the region. In some countriesNGOs are treated like business corporations. In some countries NGOs are automaticallyexempted from paying most of the taxes. In some other, they can be exempted if they fulfilspecific conditions. And in the rest of the countries they cannot expect any exemption. It is astrong challenge to support the NGOs that lack financial possibilities. There are alsoimportant differences regarding the competition process’ regulations for service provision.2A second big concern for civil society organisations is the access to information. It is anessential issue for NGOs. Accessing information allows them to play their role in society.Transparency, availability and accessibility are key words for NGOs when speaking ofinformation. Unfortunately big differences exist between countries in the region. Theinformation is not equally accessible: In many countries, minorities are set aside by the non-availability of the information in their own languages. It is very important to publish most ofthe information on the Internet. Unfortunately smaller NGOs have difficulties in accessing theinformation as they cannot afford to use new technologies.Regarding its content, it appears that often the available information does not always concernthe decision-making process.The civil society’s participation in the decision-making process is also another importantissue. In most of the countries, there is no systematic participation of the NGO community.When studying this question I noticed big differences between countries and types oforganisations. It appears that NGOs are not equally invited to take part in the process.Personal contacts play a very important role in this matter.On one hand, some countries recognise the role and expertise of the NGO community. NGOrepresentatives are invited to the discussions; they have the possibility to present comments todraft legislation etc. On the other hand, some countries leave the civil society aside; it has nopossibility to get involved.Concerning the NGO cooperation in the Baltic Sea region, I can say that NGOs wish to createnetworks, develop partnerships and cooperate with each other. Unfortunately, the differencesnoted in the countries do not help gathering the necessary information. Regarding theEuropean level, the report contents a section on how NGOs are involved in the Council ofEurope and the European Union.I would like to stress that it is the responsibility of each state to develop and secure thepossibilities as well as providing NGOs with a good operational framework. Therefore Irecommend the following regarding the functionning conditions for NGOs in the CBSSmember-states:3(cid:57) CooperationIt is of utmost importance for NGOs to have the possibility to cooperate also regionally andinternationally. Such cooperation must be actively supported. The Baltic Sea NGO-networkand forum should be recognized as a partner to the CBSS: the Baltic Sea NGO consultativecommittee should apply for, and be granted with the status of special participants, or at leastan observer status. It is also very important that governments and inter-governmental bodiesfind for solutions to extend funding. This should concern national NGOs as well as NGOsworking on regional cross-border cooperation. I would like to express my profound wish for acloser and more structured cooperation in the future between the three cooperation levels inthe Baltic Sea region. I mean: The governmental level represented by the CBSS, Theparliamentary dimension level represented by the BSPC, and the citizens and civil societylevel represented by the NGO-Forum, its Consultative Committee, national focal points, otherorganisations and cooperative bodies.It is also of utmost importance to create stability and continuity for the cooperation. Thereforeit is necessary to create a specific structure fulfilling the functions of coordinating, informing,representing and following up of the NGO’ activities in the region.(cid:57) Financial possibilitiesCivil society participation requires a significant commitment of time as well as substantialfinancial resources from governments and intergovernmental bodies. It is essential to provideNGOs with stabile funding and precise regulations on the national, regional, European andinternational level. NGOs have to be able to rely on the funding system.In the countries where requirements for financial declaration are problematic, it is essential tosimplify them. NGOs cannot be treated on the same level as business corporations, as is thecase in some countries.(cid:57) Conditions for application proceduresThe applicable rules regarding application procedures require much more transparency anddefinition. For instance, NGOs have to be informed on time on their possibilities to be part of4projects with authorities. They must be able to get the required information (regarding theprocess, the services, the projects, etc.) so that they can send suitable applications beforedeadlines. They should be able to access the list of supported organisations and to obtainmotives for the decision. There should be transparent and clear rules for the competitionprocess.(cid:57) Access to informationIt must be obligatory to systematically make available as much information as possible for thepublic and the NGO community. This should be done at all stages of the decision-makingprocess.The available information on the decision-making process must:• Integrate the planning and preparatory stage• Include debate during the final decision making• Indicate the results and follow-up of the decisionsAuthorities have to make access to information easier. NGOs should also actively beinformed on how to access information. It is also very important that the information isavailable in minorities’ languages and to people with a disability.(cid:57) Participation in the Decision-making processCivil society is not a rival but is complementary to the representative democracy. Participativedemocracy goes hand in hand with representative democracy. NGOs, without discrimination,must be able to give their expertise from the very beginning of the public policy process. Inthe region, reforms are urgently needed in order to facilitate the active participation of thecivil society in all stages of governance: local, regional, national European and international.NGOs are too often left outside the door at that stage. This particularly concerns the planningand preparation stages.Therefore the following should be implemented in order to involve the NGO community inthe process:5• Clear rules including rights and commitments to consultation with civilsociety• Clear criteria for NGO participation in consultation and advisory groups,focusing on diversity• Guidelines for the process of NGO contributions• Rules guarantying a respectful treatment of NGO documents• Provisions for follow-up and response to NGO submissionsFinally, in my view it clearly appears that barriers to the regional cooperation come from theimplementation of the legislation and the practises. To eliminate those barriers, I really hopethat you will do everything to encourage and support the development of this cooperation. Itis very important in this matter to be able to give better economical and political possibilitiesto the actors of the cooperation: the NGOs themselves.This support is essential: An effective cooperation between people’s elected representativesand the civil society is an a priori condition for the democratic development of the region andits citizens’ wellbeing.Leaving this report to the NGO consultative committee, the CBSS and the BSPC conference,I would like to encourage you to discuss those proposals. It is of utmost importance for BSPCto receive reports from Member-States before the holding of the V NGO Forum in Poland in2005.Thank for your attention.6