1. Assessment of Legal and Regulatory Framework for Civil Society and Civic Engagement in Albania Catherine Shea Program Director International Center for Not-for-Profit Law

2. ICNL “Promoting an Enabling Legal Environment for Civil Society, Freedom of Association, and Citizen Participation Around the World” “Promoting an Enabling Legal Environment for Civil Society, Freedom of Association, and Citizen Participation Around the World” ICNL works to strengthen civil society and civil society organizations by reforming the regulatory framework governing their activities ICNL works to strengthen civil society and civil society organizations by reforming the regulatory framework governing their activities

3. History of NPO Law Reform Process in Albania May 2001 Albanian Parliament Enacts a Package of Laws Regulating Non- profit Organizations May 2001 Albanian Parliament Enacts a Package of Laws Regulating Non- profit Organizations –Law on Non-Profit Organizations –Law on Registration of Non-Profit Organizations –Amendments to the Civil Code

4. Albanian NPO Laws Establishes three organizational forms (Foundations, Associations and Centers) Establishes three organizational forms (Foundations, Associations and Centers) All natural and legal persons, domestic and foreign, permitted to found an NPO. All natural and legal persons, domestic and foreign, permitted to found an NPO. Expressly permits informal association through unregistered groups Expressly permits informal association through unregistered groups Explicitly recognizes the right of Albanian NPOs to receive grants and donations from any private or public person, Albanian or foreign, as well as to conduct economic activities under certain circumstances Explicitly recognizes the right of Albanian NPOs to receive grants and donations from any private or public person, Albanian or foreign, as well as to conduct economic activities under certain circumstances Lays the groundwork for public financing of NPOs. Lays the groundwork for public financing of NPOs. Removes the provision of the previous law giving the state undefined, broad powers to supervise NPO activities. Removes the provision of the previous law giving the state undefined, broad powers to supervise NPO activities. Limits state powers to terminate involuntarily an NPO Limits state powers to terminate involuntarily an NPO

5. History of NPO Law Reform Process in Albania Participatory process characterized by Participatory process characterized by –Local Leadership –Local Capacity –Broad Public Participation –Strategic assistance by International Community to support local initiative

6. ARVIN Framework The Legal and Regulatory Environment Can be Analyzed Using Five Critical Factors or “Enabling Elements,” which are the focus of Observation. These are: The Legal and Regulatory Environment Can be Analyzed Using Five Critical Factors or “Enabling Elements,” which are the focus of Observation. These are: –(A)ssociational Freedoms –(R)esources –(V)oice –(I)nformation –(N)egotiation & Public Debate

7. The ARVIN Framework Legal & Regulatory Framework Political & Governance Context Socio-Cultural Characteristics Economic Conditions Association Constitutional provisions and laws on feedom of association Procedures for registering CSOs & NPOs Sanctions or limitations of non-registration? Recognition & accreditation policies & procedures Conflict of registration and licensing regulations Social Capital, Gender barriers Illiteracy Attitudes to youth, disabled, elderly Social hierarchies Cost of legal registrations & accreditations. Cost meetings& forums Cost of communications and travel Resources Tax laws Laws on foundations Regulation of fund raising Procurement regulations Implications on gov grants, Donations from politicians Political interference on contracting History and culture of philanthropy Self-help Impact of economic pressures on CSO funding sources Impact on employment Voice Constitutional provisions and laws on Freedom of Expression, Media & ICT related law Political control of media Restriction on civic protests Mass media influence on policy making Professional training of journalists Communication practices (use media by diff soc groups) Relations of media and CSOs Cost of advertising Cost of publishing and other CSO communications Information Constitutional provisions and freedom of information laws Regulations for access to public information Info disclosure policies & practices. Ability to demystify pub pol & budgets Information Networks, Illiteracy, Oral cultures Social barriers Cost/fees for public documents Printing and communications facilities Negotiation Legally established dialogue spaces. Role of/collaboration with legislature Decentralization legislation- provision for participation Political will Institutionalized dialogues Social accountability mechanisms Local and regional governments capacities to engage Social values & hierarchies that set who can participate Bargaining power. Constraints on autonomy & advocacy Risk of cooption Resources for advocacy

8. Albania Project Design and Methodology Scoping Mission Scoping Mission –Interviewed 40 stakeholders Stakeholder “Mapping” Stakeholder “Mapping” Background Paper and Bibliography Background Paper and Bibliography “Descriptors” “Descriptors” –State issues to be analyzed, as well as priority questions for field research Peer Validation and Review Peer Validation and Review Implementation of Research Methodologies Implementation of Research Methodologies Assessment Mission Assessment Mission Report Report Public advocacy and learning Public advocacy and learning

9. Research Methodologies Desk Research Desk Research Quantitative Survey Quantitative Survey –Sample =100 CSO representatives Focus Group Discussion Focus Group Discussion –Four focus group discussions (3 CSO, 1 Journalists) “Test – cases” “Test – cases” –Four surveyors investigated government compliance with Albania’s law on Official documents. Semi – structured interviews Semi – structured interviews –Over 75 stakeholders (CSO, government, courts, media, MPs, etc) were interviewed.

10. ARVIN: Research Methods ---Data Collection Survey Survey –In Albania, 100 CSO Representatives were surveyed in an attempt to obtain quantitative data regarding past CSO experiences.

11. ARVIN: Research Methods ---Data Collection Focus Groups. Focus Groups. –Four Group Discussions--three with CSO representatives and one with journalists—were held seeking qualitative information regarding stakeholder knowledge and opinion on legal and regulatory issues in Albanian civil society.

12. ARVIN: Research Methods ---Data Collection Focus Groups Focus Groups –Focus groups were often effective in allowing researchers to determine which items evoked widespread or passionate responses, such as the difficulties related to centralized registration system in Tirana.

13. ARVIN: Research Methods ---Data Collection Interviews Interviews –Over 75 informants from domestic and international CSOs, government ministries, agencies and commissions, the courts, media outlets, parliament, think tanks, and other experts participated in interviews regarding the effects of Albanian laws and regulations on civic society.

14. ARVIN: Research Methods ---Data Collection Test Cases. Test Cases. –Four surveyors tested governmental compliance with Albania’s Law on Official Documents by personally presenting requests for available, easy-to-locate information.

15. Project Design Issues and Challenges How to ensure that assessment findings are supported by both quantitative and qualitative information? How to ensure that assessment findings are supported by both quantitative and qualitative information? How to ensure stakeholder ownership of the process and results? How to ensure stakeholder ownership of the process and results? How to ensure that study has value, and does not simply repeat other efforts? How to ensure that study has value, and does not simply repeat other efforts? How to ensure that study leads to and supports stakeholder action? How to ensure that study leads to and supports stakeholder action? How to realize goals with resource limitations? How to realize goals with resource limitations?

16. ARVIN Research Methods Data Analysis Data gathered using these methods is analyzed to formulate specific findings regarding the civic society environment. Data gathered using these methods is analyzed to formulate specific findings regarding the civic society environment. Based on these findings, concrete recommendations and actionable options for implementation are developed. Based on these findings, concrete recommendations and actionable options for implementation are developed.

17. Assessment: Findings and Recommendations Finding Finding –Many Government Institutions Lack the Administrative Capacity to Fairly, Impartially and Effectively Implement the Laws Relevant to Civil Society.

18. Assessment: Findings and Recommendations Recommendations: Recommendations: –Additional financial resources to improve institutional and administrative capacity to implement specific laws. –More effective training and other staff development measures focused on making civil servants more efficient and effective in responding to requests from the public. –Development of practical forms, manuals, procedures and guidelines for both consumers (i.e. the public) and the providers (i.e. government officials).

19. NPO Views On The Transfer Of Registration to Tirana District Court

20. Assessment Findings and Recommendations -- Association Finding: Finding: The Tirana District Court Requires Additional Support to Computerize CSO Registration Files, Centralize the Registry and Implement the NPO Laws.

21. Assessment Findings and Recommendations -- Association Recommendations: Recommendations: –Devote additional resources to improve the CSO files and registry in the computerization project currently underway at the Tirana District Court. –The Tirana District Court and CSOs should conduct a joint review of how to make the registration and amendment processes easier.

22. Tax Reform -- Law Reform In A Subject Somewhat Or Very Important

23. Assessment Findings and Recommendations -- Resources Finding: Finding: –CSOs Have Expressed the Need for Tax Reform to Increase their Financial Resources.

24. Assessment Findings and Recommendations -- Resources Recommendations: Recommendations: –Provide support to the nascent NPO tax reform working group in the form of tax reform models and technical expertise. –Donors and CSOs should make the case to relevant government officials that, for the benefit of CSOs, certain tax laws need to be reformed. This effort should be undertaken in the context of a full and transparent discussion of the trade-offs and constraints faced by the government.

25. Assessment: Findings and Recommendations - Voice Finding: Finding: –The Overall Quality of Journalism Is Poor, and Editors, Media Owners and Managers Pay Little Attention to Accuracy and Fairness.

26. Assessment Findings and Recommendations - Voice Recommendations: Recommendations: –Significant resources should be provided to increase professional training opportunities for Albanian media, journalists and editors. –Training should also address business management issues for media owners and managers to improve financial management of media enterprises. –The government should maintain complete separation between its support of these training efforts and the content or point of view expressed in them.

27. Assessment Findings and Recommendations -- Voice Finding: Finding: –Defamation Laws Interfere Unreasonably with Journalistic Reporting and the Expression of Opinion.

28. Assessment Findings and Recommendations -- Voice Recommendations: Recommendations: –The Albanian Government should repeal criminal defamation laws. –The Albanian Government should raise the evidentiary burden of proof for civil defamation actions.

29. Assessment Findings and Recommendations -- Information Finding Finding –The Freedom of Information Law is Not being Implemented Effectively by the Government, and the Public Needs Greater Understanding of the Law.

30. Assessment Findings and Recommendations -- Information Recommendations: Recommendations: –Government ministries should adopt regulations regarding the time, place and manner by which the public can request documents. –In accordance with the Prime Minister’s order, the government should expedite efforts to establish public information offices in the line ministries to facilitate greater public access to information. –At the municipal level the government should scale up the establishment of public information centers based on lessons from existing centers. –The government should review the current staffing levels and assess the staffing needs to insure that personnel are available to receive and respond to all requests for public information. –The government should initiate a comprehensive training program to enable government officials to understand and comply with the requirements of information laws. –The government should routinely conduct extensive public information campaigns to explain the public’s legal right to access government- held information (and the procedures for doing so), and the right to access government places and officials.

31. Assessment Findings and Recommendations -- Negotiation Finding: Finding: –Public Participation in Local Government is at a Low Level

32. Assessment Findings and Recommendations -- Negotiation Recommendations: Recommendations: –To facilitate public participation in local government, municipalities need to adopt detailed rules implementing the provisions of the Law OFLG. –Donors and CSOs should increase their efforts to strengthen local organizational capacity, especially the capacities for community-based performance monitoring of local governments and service delivery. –Local government officials should receive training on how to incorporate citizen inputs into decision-making.

33. Strengths and Limitations of the ARVIN Methodology Strengths Strengths –Emphasis on Stakeholder involvement –Qualitative and quantitative –“Differentiation and Value Added” –Links with Bank Supported Operations –Replicability Limits Limits –Selection of Laws/Issues –Need to operationalize Results