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Civil Participation in Decision Making in Eastern Partnership countries

A study on 'Civil Participation in Decision Making in Eastern Partnership countries' has just been published. The challenges and opportunities in the field of participatory policymaking differ across the six Eastern Partnership countries (Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova, and Ukraine), but all six countries face shortcomings in the clarity, effectiveness, and inclusiveness of their policy-drafting and evaluation procedures.

This study examines the existing laws, agencies and procedures governing civil participation in political decision-making at national and local level in the six countries, and will be complemented by a second study in 2016 that will examine the experience of implementation of civil participation in political decisionmaking.

In 2001, in the White Paper on European Governance, the European Commission highlighted five principles of “good governance”.The principles, to be applied at all levels of government, including local and regional tiers, are openness, participation, accountability, effectiveness, and coherence.

The inclusion of the public throughout the different stages of policy drafting and policy implementation underpins the principle of participation. Nongovernmental organisations (NGOs), or civil society organisations (CSOs), bring together policy experts and different groups representing a variety of citizens and community perspectives. As set out in the Council of Europe’s Code of Good Practice for Civil Participation in the Decision-Making Process, “NGOs bring knowledge and expertise to the process of decision-making which has led governments to draw on the experience of NGOs to assist them in policy development and implementation”.

From access to information to opportunities for citizens to participate in direct democracy – whether holding to account the heads of regional executive authorities, or engagement in referenda, petitions or public initiatives – to forms of public participation in policymaking, such as stakeholder analyses, expert reviews, roundtables, and online consultations – all the Eastern Partnership countries have room for improvement in terms of the regularity and inclusiveness of consultations around new policies and draft legislation. In all cases, there is also a need for more training of public officials in co-ordinating public outreach and consultation processes around draft legislation.

The study will be translated into the languages of the Eastern Partnership countries to ensure as wide a dissemination as possible.

 The study will be used as a key reference text in a forthcoming debate on 6-7 June in Strasbourg, organised by the Council of Europe's Conference of INGOs: "Only a matter for politicians? Civil society, money and political activities". The conference will recommend ways to fight restrictive measures against NGOs, which some governments often justify for so-called political stability.

 Civil Participation in Decision Making in Eastern Partnership countries: Part 1: Laws and Policies

Strasbourg 31 May 2016
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Specific objective 1: support the alignment of human rights policies and practice by ensuring compliance of legislative and regulatory frameworks with European standards and capacity-building for legal professionals and National Human Rights Institutions, including the reinforcement of Ombudsmen Offices

Indicators:

  • relevant national legislation is in place and/or amended in line with European human rights standards (criminal justice, social rights, non-discrimination, data protection, social rights).
  • institutional mechanisms and structures are in place and/or operational (e.g. Human Rights Centres, Focal Points and mechanisms as required by conventions, institutionalised consultation procedures).
  • relevant professional groups have knowledge about human rights standards and are able to apply them in their work.
  • relevant national training organisations have strengthened capacity to continuously and sustainably train their target groups on human rights standards.
  • interaction between civil society and authorities in the democratic decision-making process is reinforced.
  • national parliaments have increased awareness of the necessity to revise national legislation and bring it in line with the European Social Charter (revised) as ratified by their country.

 

Specific objective 2: support the full execution of the European Court of Human Rights judgments through reinforcement of parliamentary involvement

Indicators:

  • increased awareness of members of parliaments in the EaP countries’ on the existing parliamentary mechanisms to ensure execution of European Court of Human Rights judgments.
  • increased compliance of the national legal framework with the European Convention of Human Rights and the case law of the European Court of Human Rights.
  • parliamentary committees’ staffs have better capability to assist MPs in ensuring compatibility of national legislation with the ECHR and compliance with European Court of Human Rights case-law.