Vira Nanivska, Warsaw, October 14, 2010

1. How can we support effectively civil society in Eastern Europe through Eastern Partnership Programs? Vira Nanivska, Warsaw, October 14, 2010 Conference: What vision for the futureof the Eastern Partnership?

2. Problem with the concept Civil society in post-soviet countries is established very differently from European practice

3. In Europe: Problem with the concept • Self-government, everyday associations that have no relation to the state or to politics per se: • block choruses, • backyard football teams, neighborhood green groups • Representing the interests of different population groups, opportunities to have a voice and the government’s commitment to listen In his 1993 book, “Making Democracy Work: Civic traditions in modern Italy,” Robert Putnam writes about these kinds of associations as the main reason why Northern Italy developed

4. Problem with the concept The USSR treated civil activism and good works that were independentof the state and state policyas criminal and punished individualswho dared to engage in themwith prison, the Gulag or even death

5. Problem with the concept No analysis was made of the impact of the soviet past on the perception of such concepts as democracy and civil society HOWEVER Post-totalitarian countries were encouraged to undertake forms of activities that work well in democratic countries and yield results

6. Problem with the concept • The need for people in this region understand and internalize the very alien concepts and practice of democracy and civil society was never an objective in reform or technical assistance programs • Stalin’s “most democratic in the world” Constitution is the best example of how alien the concept of democracy was in the USSR • Differences in day-to-day governing between a totalitarian society and a democracy was never considered and was never analyzed as a reason for lack and failure of reform • Instead, mystical concepts like “mentality” and “political will” have always been blamed

7. Problem with the concept Civil society support programs never offered support to community organizations like block choruses or backyard football teams Mostly, it was NGOs aimed at human rights advocacy which were created to play the role of teachers and leaders and organizations able to influence the Government These were not actually part of any community and had few direct, close links with it They tended to focus constantly on new projects, which gave them their living, never continuing any work they might have started on a previous project

8. Problem with the concept • Civil society concept is not structured • It is rather a moral entity than technical The civic councils established across Ukraine after the Orange Revolution neither represented communities or interest groups, nor did they become a part in government decision-making procedures

9. Problem with the concept • The Government does not have space for civil society Projects to develop civil society have not focused on reforming the governmentby helping it establish the structures, procedures, standards and skillsof working with civil society

10. Sophisticated regulation of public consultations in EU

11. Sophisticated regulation of public consultations in EU According to the Communication COM (2002) 704 final “Towards a reinforced culture of consultation and dialogue - General principles and minimum standards for consultation of interested parties by the Commission” Interaction between the European Institutions and society takes various forms: • and through less formalised direct contacts with interested parties • primarily through the European Parliament as the elected representative of the citizens of Europe • through the institutionalised advisory bodies of the EU (Economic and Social Committee and the Committee of the Regions), based on their role according to the Treaties

12. Sophisticated regulation of public consultations in EU The Commission believes that the processes of administration and policy-making must be visible to the outside world if they are to be understood and have credibility

13. Sophisticated regulation of public consultations in EU Thus consultation processes run by the Commission must also be transparent, both to those who are directly involved and to the general public It must be clear: what issues are being developed what mechanisms are being used to consult who is being consulted and why what has influenced decisions in the formulation of policy

14. Sophisticated regulation of public consultations in EU The Economic and Social Committee has produced a set of eligibility criteria for the socalled “civil dialogue“ Therefore, the crucial issue for the Commission, when deciding on target groups for consultation, is to ensure that relevant parties are given the opportunity to express their views

15. Does Eastern partnership allow to apply European standards of public consultations?

16. ЕNPI: Programs involving Ukraine (mln €) Ukraine gets all funding

17. The Eastern Partnership (EaP) part of the European Neighborhood andPartnership Instrument (ENPI) to address the new co-operation needs specifically linked to the Eastern Partnership Beneficiaries: State level public administrations Local level public administrations Civil Society Organisations Small and Medium Size enterprises

18. EaP 2010-2013 Implementation of the Eastern Partnership Multilateral dimension Support for partner country reforms through the implementation of Comprehensive Institution Building programmes € 175 million € 75 million € 350 million Pilot regional development programmes aimed at addressing regional economic and social disparities within partner countries Resources will be used for three main purposes: 1 2 3

19. Eastern Partnership multilateral dimension: Pilot Regional Development • cross border cooperation programmes • establishes a Civil Society Forum • launch a flagship initiative in the Civil Emergency Protection Opportunities for civil society in 2010-2013 Civil Society Organisations in general may benefit from: • CSO active in the areas Youth and Culture will benefit from: • Specific Culture programme • Youth in Action programme

20. Сomprehensive institution building (CIB) • Coordinating • Association Agreement implementation process Two components have a bearing on all TA in Ukraine: coordination and technical assistance CIB is responsible for setting up institutions in 4 areas: Migration Phyto-sanitary services State assistance to business

21. Сomprehensive institution building (CIB) Although CIB is a very limited instrument, it can be used for very important applications Consultations with stakeholders must be a mandatory part of CIB

22. In theory, non-state actors (NSA) can participate in the elaboration of ENPI, reality, however, shows a different picture • Research in Azerbaijan, Georgia, Moldova, and Ukraine shows that deficient participation of NSA in ENPI is due to three factors: • the lack of quality NSA entry points into various ENPI processes • the insufficient use of existing entry points by local NSAs • unreformed public policy institutions in these countries

23. For the success of ENPI NSA monitoring is imperative

24. While responsibility for involving NSAs rests mainly with national governments, it is the EC that has made the clearest effort BUT These good intentions have not transformed into a workable system of entry points for non-state actors

25. All programs need to switch from consultations with civil society to consultations with interest groups • Consultations with interest groups should follow established procedures • Every NGO working in European integration and civil society should very clearly establish its specific niche • TA beneficiaries should not concentrate on a specific sector (farming, the arts) but on bringing about transformational changes and reforms in the country