Monitoring of the EU Guidelines Year 2 for the Support to Civil Societyy in the Enlargement Countries REGIONAL CONFERENCE Skopje | April 2016

Area 1- Enabling legal and policy environment for the rights of freedom of expression, assembly and association Positive developments - Fair and progressive legal framework for association without discrimination - The potential threats in previous Anti-corruption program were removed Negative and/or shortcomings -Outdated Strategy for development and promotion of volunteering and lack of funding -CSOs leaders defined as public officials in the Penal Code -The Law on Police (March 2015) introduced 4 new means of coercion: Physical, truncheons, rubber bullets, some of which have been practiced in May protests -Limitations to the freedom of expression – CSOs representatives are subject of criticism by politicians and media. -Continuation of pressure for some CSOs & visits by financial police, etc. (Focus is on progress as compared to 2015, measured in terms of decisions taken, legislation adopted, measures implemented and structures currently in place (“Facts not intentions”))

Area 2- Dialogue and cooperation between CSOs and public institutions Positive developments -Active monitoring on implementation of the Strategy for Cooperation of the Government with CSOs by the Unit for Cooperation with NGOs and CSOs. -Some positive examples for consultation (SEA, OGP) Negative and/or shortcomings -56% of the Laws enacted in shortened procedures without consultation -Only 16% of draft law consulted on ENER -Lack of procedure and mechanisms for consultation on local level -Although selected by CSOs in 2014 representatives of IPA2Sectoral groups are not involved in the work of governmental working groups up to date. -Not active civil sector in consultation processes (Very few inputs) (Focus is on progress as compared to 2015, measured in terms of decisions taken, legislation adopted, measures implemented and structures currently in place (“Facts not intentions”))

Area 3- Enabling financial environment which supports the sustainability of CSOs Positive developments -VAT exemptions on the tele-giving are operationalized/ implemented in practice Negative and/or shortcomings -Non-transparent procedure for public funding for CSOs -Non-binding standardized law for public funding for CSOs. -Limited funds (amount) for CSOs support -Lack on data on funding on municipal level -Lack on good practise and standardization on municipal funding -Government has not yet started to purchase public interest services of the CSOs -In practice CSOs receive less amount than ??? -Tax exemptions for CSOs do not exist (Focus is on progress as compared to 2015, measured in terms of decisions taken, legislation adopted, measures implemented and structures currently in place (“Facts not intentions”))

Recommendations Dialogue Government-Civil Society - Council Financial environment for civil society -Tax exemptions -Public funding

Initial guiding question Area 1 Can all individuals and legal entities express themselves, assemble peacefully and establish, join and participate in non-formal and/or registered organisations? Freedom of association: Is registration easy, timely and inexpensive? Is there a policy/legal framework to facilitate volunteering in CSOs?

Initial guiding question Area 2 Are strategic documents for the cooperation with civil society in place (national strategy, roadmap etc.)? Is the strategic document implemented effectively? Is there a structure or mechanism in place for dialogue and cooperation between CSOs and public institutions (at the level of government, ministries, parliament as well as local level)? How is dialogue and cooperation between CSOs and public institutions working in practice? Does a framework on public consultation exist (binding or non- binding)?Are laws/ bylaws, strategies and policy reforms effectively consulted with CSOs?

Initial guiding question Area 3 Is public funding or any other form of support available for CSOs? Are there clear and legally binding mechanisms in place for the distribution of public funds? Does legislation provide tax incentives for individual or corporate giving to the non-profit sector?