Experience of Moldova in Development of Non-for-Profit Legislation and Promotion of Public Participation

1. Experience of Moldova in Development of Non-for-Profit Legislation and Promotion of Public Participation Ilya Trombitsky Eco-TIRAS, Moldova ecotiras@mtc.md

2. Legal Framework • Law on Associations (1996) • Law on Foundations (1999) • Tax Code (1997) • Civil Code (2002) In general – simple registration, almost no harassment of the state to NGOs, but no well established mechanisms for self-sustainability of sector. Auxiliary economic activities are not permitted as a source of income for NGOs. Moreover, by Civil Code even prohibited establishing of profit entities by NGOs

3. Public Benefit Status • Main advantage: Public Benefit non-profits (PBOs) are clearly determined and treated with some preferences by tax inspectorate • Established a Commission for PBOs certification • Minus: neither Government nor donors use PBO status as a feature for decision making on grants (paradox!) • Meanwhile, this approach permits to avoid ‘orange revolution’ claims provocation, which looks as important for donors

4. Experience in regulation of Public Participation in Decision Making In December 2005 Parliament passed a regulation on the Concept of Cooperation of Parliament with Civil Society It provides: • Access of NGOs and general public to legal drafts via website of the Parliament; • Clearly structured procedure of commenting (time frame at least 15 days); • Right of NGOs to delegate experts to the Parliamentary Committees on their profile • It is rejected the principle of cooperation with NGOs on the “elite” principle – non-discrimination, everybody has access

5. Instruments of Cooperation a)NGO expert councils under Committees (also included to Parliamentary Rules) b)Permanent consultation through Internet c)Periodic meetings and public hearings e)Once a year in December – conference to analyze practice of cooperation

6. First lessons • It is simple to become expert of the Committee by letter with argumentation • No rejections • Passiveness of NGOs: during 2006 were only 93 comments of 9 NGO from 7000 • Measures to involve NGOs in decision making are necessary

7. Situation on executive level • Implementation of public participation is the obligation of Government in accordance with Plan of Actions “Moldova - EU” and “Moldova - NATO” • Ministry of Justice is responsible • MoJ had the idea to copy Romanian governmental regulation (2005) on establishment under Prime-minister the Collegium of 40 members (NGOs + representatives of ministries) • NGOs proposed to follow parliamentary model on governmental and ministerial levels – MoJ accepted this approach • Now we are looking on implementation of such procedures on local level by adoption of model regulation for regional and village public authorities

8. Recommendation for donors • When you like to adopt a decision concerning mode of activity in a country/region, discuss it with the local stakeholders: from abroad not everything is looking and working like is looking from inside Example: EU Neighborhood Policy

9. Thank you! Ilya Trombitsky Eco-TIRAS, Moldova ecotiras@mtc.md