Hungarian Association of NGOs for Development and Humanitarian Aid Law on the Horizon!

1. Experience of the Czech Republic with the ODA LawPetra LevrincováCzech Development Agency, Legal Services Hungarian Association of NGOs for Development and Humanitarian Aid Law on the Horizon! Budapest, January 20, 2009

2. Financial Context of the Czech ODA • ODA Budget 2007 in millions EUR Bilateral ODA (57,7 million EUR, 43 %) Multilateral ODA (76,9 million EUR, 57 %) TOTAL 134,6 MILLION EUR • 2007 - ODA represented 0,11 % of GNI • The total volume of funds released for IDC from the national budget is limited by the amount earmarked for these purposes by the Act on the National Budget of the CR for the relevant calendar year • Funds are provided solely for the projects whose goals and objectives comply with the IDC Plan

3. CURRENT INSTITUTIONAL BACKGROUND • Competences Act (Act No. 2/1969, as amended): MINISTRY OF FOREIGN AFFAIRS is the central public administration authority in the field of foreign policy; as such, it is responsible for creating the concept of and coordinating DCand coordinating external economic relations. In cooperation with theMINISTRY OF THE INTERIOR, the MFA also coordinates the foreign HA • CzDA: An agency established by the decision of the Czech Minister of FA (January 1, 2008) responsible for supporting implementation of the Czech DC

4. MFA MF Development Centre MLab MHea MEnv MTra MInt MIT MAgr MEdu projects projects projects projects projects projects projects projects Czech embassies Transformation of the System of Bilateral ODAInstitutional set up until 2007

5. MFA Czech Development Agency projects Transformation of the System of Bilateral ODAInstitutional set up since 2008 (exclusively after 2010) Development Co-operation Council

6. CURRENT RELEVANT LEGISLATION • Resolution of the Czech Republic Government no. 91, dated January 23, 2002, "The Concept of the International Development Cooperation of the Czech Republic for the 2002-2007 Period" • Resolution of the Czech Republic Government no. 302, dated March 31, 2004, "The Principles of International Development Cooperation upon the Czech Republic's Accession to the EU" • Resolution of the Czech Republic Government no. 690, dated June 9, 2008, "International Development Cooperation in 2009" • Resolution of the Czech Republic Government no. 1333, dated November3, 2008, "The Government Criteria for the Provision of Grants from the Czech Republic’s State Budget by Central Organs of the State Administration to Non-state Non-governmental Organisations"

7. The Draft Law on Development Cooperation and Humanitarian Assistance Provided to Foreign Countries PART I: BASIC PROVISIONS Scope of application: • Conditions for implementation of DC and provision of HA to foreign countries from the state budget • Competence of organs of the state administration in relation to implementation of DC and provision of HA to foreign countries Definitions: IDC, HA provided to foreign countries, developing country, DC project, public institutions in foreign countries, extraordinary situation

8. The Draft Law on Development Cooperation and Humanitarian Assistance Provided to Foreign Countries PART II: IDC • Forms of DC • Financial contributions to foreign countries • Rules on utilization of financial resources on DC PART III: HA PROVIDED TO FOREIGN COUNTRIES • Forms of HA provided to foreign countries • Rules on utilization of financial resources on HA provided to foreign countries

9. The Draft Law on Development Cooperation and Humanitarian Assistance Provided to Foreign Countries PART IV: COMPETENCE OF ORGANS OF THE STATE ADMINISTRATION AND OTHER SUBJECTS IN THE FIELD OF DC AND HA PROVIDED TO FOREIGN COUNTRIES • MFA • CzDA • IDC Council • Ministry of the Interior • Ministry of Education, Youth and Sport PART V • Utilization of reserves to solve extraordinary and emergency situations • Treatment of property

10. MEMBERS: Ministry of Foreign Affairs Ministry of Transport Ministry of Finance Ministry of Labour and Social Affairs Ministry of Industry and Trade Ministry of Education, Youth and Sport Ministry of the Interior Ministry of Health Ministry of Agriculture Ministry of the Culture Ministry of Defense Office of the Deputy Prime Minister for European Affairs State Office for Nuclear Safety Czech Statistical Office Czech Development Agency Czech Forum for Development Cooperation Industry and Transport Association (Platform for Foreign DC) OBSERVER: Association of Regions of the Czech Republic INTERNATIONAL DEVELOPMENT COOPERATION COUNCIL

11. INVOLVEMENT OF THE NGO SECTOR AND THE PUBLIC NGO sector commenting on the legislative intent as well as on the draft law • Unofficially: consulted by MFA, CzDA • Officially: The Czech Forum for Development Cooperation as a member of the IDC Council No public debate concerning the legislative intent and the draft law

12. THE MOST SENSITIVE ISSUES The difference in the overall approach • Mini concept: Issues that NEEDS to be included + issues not solved in the Czech legislative framework • Maxi concept: Inclusion of long declaratory passages Question of “big” issues: • V.A.T., annual budget procedure => unrealistic to have it solved by the law on DC NB: The draft is not in the Parliament yet – new problems may arise

13. EVALUATION OF THE OVERALL PROCESS • The lack of experts at the MFA (draft initially prepared by the Dpt of DC and HA – no lawyers; Legislative and Legal Dpt not very active) • Gradual shift in the perception WHY there is a need for the law (2005/2006 – a tool for the enforcement of the DC transformation, 2008 – a tool authorizing transfer of funds to partner countries and CzDA to provide grants) • Long process => The bill does not have to be passed within the current electoral term

14. RECOMMENDATIONS BASED ON THE CZECH EXPERIENCE • ANALYSIS: Is there a need for the law on development cooperation? + Why? Isn’t there any other way how to achieve the goals? 2. EXPERT CAPACITY: Need for a team composed of lawyers/legislative experts + ODA specialists

15. Thank you for you attention.