Transcript Enhancing Legal Framework of Associations in the Arab

Fostering Dialogue between CSOs and
Local Authorities in the MENA Region:
The FoA project, a Case in Focus
Baku-Azerbaijan, February 2011
Presented by:
Ms. Joyce HAKMEH
Rationale of the Project & Brief
History

Despite developments in legislation, Freedom of
Association in the MENA region is least
protected and respected.

The authorities’ respect of the right to
Freedom of Association has not seen any
progress, and rather suffered further setbacks.

An international political climate characterized
over the past years by tension and wars only
served to further complicate the already
existing complicated conditions.
Rationale of the Project & Brief
History- Cont’d

With very rare exceptions, NGOs, Political
Parties and Labor Union Laws in the majority
of the MENA countries are very restrictive and
impede the creation of vibrant CSOs.
HENCE,

Arab civil society has neither been empowered by an
adequate legal framework, nor has it been able to
succeed, under strict government supervision and
internal divides, to emerge vibrantly and to fulfill its
developmental mission.
Rationale of the Project & Brief
History- Cont’d

In view of this situation, the Friederich Nauman
Foundation (FNF) in partnership with the Arab
Center for the Rule of Law and Integrity (ACRLI)
and other national partners initiated a 3 year
project (from 2007 to 2010) on:
“Enhancing the legal framework of
Associations in the Arab World
through national dialogue and
empowerment of civil society”
www.arab-laws-reform.net
Rationale of the Project & Brief
History- Cont’d

The project covered 5 Arab core countries: Egypt,
Jordan, Lebanon, Palestine and Syria, with an
outreach component to Algeria, Morocco and
Tunisia.

The project’s main objective was to build
partnerships between Arab CSOs and between
them and their governments on a national and
regional level through the promotion of an active
ongoing dialogue focusing on the 3 laws: the NGO,
the political parties, and the labour union laws.
What were the Project’s
Achievements in Contributing to
a better Political Dialogue and in
Promoting an Enabling
Environment?
1.
The Project was able to initiate dialogue on
FoA between Civil Society representatives
and Local Authorities representatives on
the national and regional level.
2.
The project contributed to initiating very
much needed alliances between CSOs on
the national and regional level.
2.
The project produced Codes of Conduct
for NGOs, A Charter on Democratic
Practices for political parties and A Code
of Conduct for workers associations.
3.
The project has provided each component of the
CSO community with forums to meet and reach
minimum common ground but also the three
components too with platforms to coordinate
their efforts and to unite under the cause of FoA.
4.
In 9 countries, National Councils for FoA were
initiated with equal representation of NGOs,
political parties and labour unions and with the
membership of academics and independent
activists with clear bylaws and action plans.
5.
The Project was able to initiate a regional
platform for dialogue: the Arab Council for
Freedom of Association (ACFA) with the support
of the League of Arab States.
What were the Project’s
Impediments in Contributing to a
better Political Dialogue and in
Promoting an Enabling
Environment?

The Project did not achieve major
progress in translating the outputs of the
established dialogue between the CSOs
and LAs into concrete actions that would
promote an enabling environment.

There was no sufficient motivation from
the CSOs who signed the codes to abide
by its content fearing that these codes
will constitute an additional source of
pressure along with the already existing
Governmental censorship.

The established National Councils on
FoA, with the exception of Lebanon,
could not be registered due to the
existing restrictive laws.

The difficulty of having an effective
National Dialogue with the absence of
responsiveness from the government and
parliament who were hesitant and
sometimes reluctant in taking part in this
dialogue.
What are the Lessons Learned and
Recommendations for the Future?
Lessons learnt & Recommendations

The importance of understanding that the
achievements are only a first approach towards
reform, and the creation of an effective dialogue
between the various parties of the society needs
to be met with collective action accompanied by
a great degree of perseverance and continuity.

The importance of focusing on the legal
frameworks that governs Human Rights in the
MENA region and the importance of maintaining
the lobbying for their amendments in line with
international standards and conventions.
Lessons learnt & Recommendations
- Cont’d

The need to ensure realistic expectations out of
such projects and accordingly set SMART
objectives that are aligned with the Democratic,
Social, Economic, Political and Security situation in
the countries in question.

The importance of focusing projects on the
economic, social and cultural rights in addition to
the civil rights, since poverty, unemployment and
ignorance are conditions that greatly affect the
way civil and political rights including the right to
Freedom of Association are claimed.
Lessons learnt & Recommendations
- Cont’d

The need to keep supporting activities that foster
and encourage dialogue among the various actors
of the societies in the MENA region not only as
related to FoA but also to the Human Rights in
general.

The need to work on building the capacity of
Civil Society Organizations in making them more
aware of the needed reform in their related
contexts, and accordingly set up strategic plans
that would translate these needs into concrete
actions.
Thank you…
For more information, please contact:
Dr. Ali DABBAS, Rights and Liberties
Commissioner at the National Center for Human
Rights (NCHR), Jordan on [email protected]
Ms. Joyce HAKMEH, Project & Communication
Specialist at the Arab Center for the Rule of Law &
Integrity (ACRLI), Lebanon on
[email protected]