1. Hungarian Association of NGOs for Development and Humanitarian Aid
Experience of the Czech Republic with the ODA Law Petra Levrincová Czech 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
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 DC and coordinating external economic relations.
In cooperation with the MINISTRY 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. Transformation of the System of Bilateral ODA Institutional set up until 2007
MInt
MFA
MEdu
MEnv
MTra
MIT
MHea
MAgr
MLab
Czech embassies
Development Centre MF
projects

5. Development Co-operation Council
Transformation of the System of Bilateral ODA Institutional set up since 2008 (exclusively after 2010)
projects
Czech
Development Agency
MFA
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 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 November 3, 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. PART I: BASIC PROVISIONS
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. PART III: HA PROVIDED TO FOREIGN COUNTRIES
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. INTERNATIONAL DEVELOPMENT COOPERATION COUNCIL
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
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

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.