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Presentation at 2007 ILC Global Assembly Entebbe, Uganda

Presentation at 2007 ILC Global Assembly Entebbe, Uganda. Options for the Legal Identity of the International Land Coalition. Background. ILC unique as institution of both IGOs and CSOs Historically supported by IFAD but operationally independent, with separate governance structure

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Presentation at 2007 ILC Global Assembly Entebbe, Uganda

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  1. Presentation at 2007 ILC Global Assembly Entebbe, Uganda Options for the Legal Identity of the International Land Coalition

  2. Background • ILC unique as institution of both IGOs and CSOs • Historically supported by IFAD but operationally independent, with separate governance structure • Evaluation finding: ILC not yet legally constituted • Action required: ILC resolve its legal status • Current stage: Identify options, begin change planning  Advice needed from Global Assembly

  3. Four Options for ILC Legal Identity • Independent – International Organization (IGO) • Independent – Non-Governmental Organization (NGO) • Integral part of IFAD • Integral part of another Intergovernmental Organization

  4. 1: Independent IGO • Organization founded under treaty by 2+ states • Once formed, negotiate arrangement with host state • Agreement needed with other countries of operation Examples: • IDLO • Global Crop Diversity Trust • Bioversity International (formerly IPGRI)

  5. 1: Independent IGO (cont) Potential Benefits: • Not legally tied to operating in just one country • May obtain international privileges

  6. 1: Independent IGO (cont) Potential Costs: • Lose unique status as coalition of IGOs and CSOs  Would now be governed by member states • Difficult to persuade states to form new organization • Hosting arrangements for HQ difficult to negotiate • May lose links to UN system

  7. 2. Independent NGO • Need to register under national law • Italy, if that is maIn base of operations • Other options, depending on practicalities Examples: • World Conservation Union (Switzerland) • International HIV/AIDS Alliance (UK) • Society for International Development (Italy)

  8. 2. Independent NGO (cont) Potential Benefits: • Safeguards the role of CSOs • Can provide for participation of IGOs

  9. 2. Independent NGO (cont) Potential Costs: • More difficult to gain access to and credibility from UN system and its partners • Often more difficult to gain access to governments • May lose status as coalition of IGOs and CSOs  No example of IGOs on NGO governing bodies

  10. 3. Integral Part of IFAD • IFAD now bears legal and fiduciary responsibility • To be viable option, risks to IFAD must be at acceptable and manageable level • Multi-donor trust fund with independent board • MOU between IFAD and ILC membership Examples: • CGAP (World Bank) • IPTRID (FAO) • World Water Assessment (UNESCO)

  11. 3. Integral Part of IFAD (cont) Potential Benefits: • IFAD liability would be clearly defined • Continued association with the UN system • ILC funding and financial responsibilities clearer

  12. 3. Integral Part of IFAD (cont) Potential Costs: • Multi-donor trust funds often difficult to maintain • Adjustments within IFAD systems may be difficult • Challenge to maintain IGO-CSO hybrid image

  13. 4. Integral part of another IGO • Negotiate hosting arrangement with another IGO • Varying degrees of operational independence Examples: • International Alliance Against Hunger (FAO) • UN Permanent Forum on Indigenous Issues (ECOSOC) • UNAIDS (WHO)

  14. 4. Integral part of another IGO (cont) Potential Benefits: • May retain opportunities currently accessed via IFAD • Easier to conduct operations using host’s legal status

  15. 4. Integral part of another IGO (cont) Potential Costs: • Difficult to find new host organization • Challenge to re-adapt to new hosting system

  16. Ways Forward • Today: Discussion in Global Assembly • What should be key decision-making criteria? • What are other potential benefits and costs? • Friday: Members provide advice and guidance to ILC Coalition Council • Action Plan for 2007-2008 • Secretariat reports proposal to Council and ILC network (June 2007) • Council decision on proposal (Dec 2007) • Secretariat enacts version as approved by Council • New legal identity established (June 2008)

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