15 August 2007
Expert Discusses NGOs’ Legislative, Policy Role
USINFO Webchat transcript, August 15
Stephan E. Klingelhofer, senior vice president of the International Center for Not-for-Profit Law, answered questions in an August 15 USINFO Webchat on how NGOs can contribute to and influence the policy process.
Following is the transcript:
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August 15: Democracy Dialogues: NGOs and Policy Advocacy
Guest: Stephan Klingelhofer
Date: Wednesday, 15 August 2007
Time: 9:00 a.m. EDT (1300 GMT)
Question [Abraham_Lincoln]: Dear Mr. Stephan Klingelhofer, Thank you for your letting us to have an opportunity here in this webchat to better understand a role of NGO in the area of legislative advocacy. I appreciate you and your organization’s contribution to the promotion of democracy and human rights by strengthening civil society law in various nations. Allow me to ask questions. I was wondering whether your organization’s activities might include providing advice as to constitutions of certain countries. Or, are there any NGO’s that vigorously participate in establishing and/or revising constitutions of various nations to promote democracy and human rights? If your answer is affirmative, would you please advise about the mode as to how they actually work in the process. Are they drafting constitutions? Are they providing public seminars to disseminate understanding on principles of democratic constitutions? I would appreciate if you would kindly provide your advice. Thank you.
Answer [Stephan Klingelhofer]: Our organization, ICNL, provides assistance to local NGOs and governments on all matters pertaining to the legal and regulatory framework governing NGOs and civil society in general. This framework includes constitutions. Because we view civil society as a primary vehicle for exercising basic freedoms guaranteed by international agreements, the UN, and most governments' constitutions, our work with local NGOs does include some review of constitutions, to ensure that they do guarantee the freedom of association, as well as other internationally guaranteed freedoms. See our website (www.icnl.org) for more information.
Q [Ruzanna]: What is the role of NGO in Armenia for Democracy development and policy advocacy?
A [Stephan Klingelhofer]: Actually, Armenia's NGO issue advocacy impact is extremely effective. Recently, the Armenian government sought to enact restrictive regulations on the NGO sector, and the proposed legislation was defeated, largely through strong advocacy against it on the part of the NGO sector. Because donor support for advocacy NGOs has been so strong, the advocacy organizations are more prevalent there than in some other countries.
Q [tim]: Can you give us an example in the U.S. of NGO's having a say in policy advocacy? How about NGO's outside the U.S.?
A [Stephan Klingelhofer]: In the US, NGOs have significant impact on policy development. Because they are often seen not simply as "lobbyists" for particular points of view, but also as repositories of knowledge and expertise about their areas of concern, Congress, government agencies, and state and local governments often seek NGOs out for information about the subject of pending legislative initiatives. The impact of NGOs in the fields of environment, product safety, equal opportunity, taxation, and many other critical subject areas has been immense.
In many other countries, NGOs have played significant roles in shaping policy and legislative decisions. For example, in Bulgaria the Parliament established specific vehicles for NGO contributions to policy decisions, and in most of Europe, such organizations are a source not only of issue pressure, but also information to both the public and the policymakers. However, serious impediments exist in many countries to direct NGO engagement in government and legislative policy-making. these impediments include procedures that exclude the public generally from such engagement, as well as lack of capacity on the part of both the NGOs and government and legislatures to make such engagement useful or effective.
Q [tim]: What are the most effective methods for NGOs to promote their advocacy goals?
A [Stephan Klingelhofer]: The single most important "method" is an ability to gain access to policy makers. Such access may be difficult, if the policymakers (in government or parliaments) withhold opportunities, or are proscribed from entering into dialogue with the public or groups.
In addition, by use of media, personal contacts with members of the public, rallies and other methods of ensuring public support, NGOs can encourage access to policy-makers by demonstrating that they do in fact represent more than just themselves.
In general, the process of advocacy is just that -- a process, of education, encouragement, and demonstrable public support as well as true expertise. We have published papers on the subject.
Q [cam238]: Sir, can you please describe the process that new NGO's should take when creating organizational laws. Also, what organizational laws are necessary for a non-profit to run well?
A [Stephan Klingelhofer]: Most legislation governing formation, registration, and operation of NGOs contains certain required provisions: for example, formation of the governing body, selection of members of the governing body, elections, regular meetings of the governing body, rules for financial management, internal accountability, officers, qualifications for membership in a membership organization (an "association") and so forth. The legislation normally will require only that these subjects be included in the by-laws or "statutes" governing the organization, and may establish certain limits (e.g., no fewer than X members on a Board of Directors).
The main issue is that good governance requires both protections against mismanagement of the organization and accountability, first of all internally, but also to donors and the public, if the organization is created to provide public service or benefits.
Q [Chat Participant]: How do funding sources influence an NGOs policy choices?
A [Stephan Klingelhofer]: Funding sources do often play a role in determining and sustaining the nature and purpose of an organization. Accordingly, the direction an organization moves it will remain faithful to its stated purposes so long as it is supported with sufficient funding to operate.
In most cases, however, it has not been my experience that a particular source of financial support will so influence an organization that its particular policy choices, in terms of advocacy, would be fundamentally shifted because of that influence.
Practically speaking, an NGO can really be effective only if it is credible and trustworthy. If it fails to maintain its integrity as an institution, it will ultimately fail.
Q [Abraham_Lincoln]: Thank you for your answer. And, my apology for posting the same question twice. Let me ask another question. You mentioned in your answer that you viewed civil society as a primary vehicle exercising basic freedoms guaranteed by constitutions. I agree with you. But, how do you see the role of business communities both indigenous and international for the purpose of promotion of democracy and human rights? Do you think they can also contribute to democracy and human rights? Or, do they contribute through the donations and support to the activities of civil society? Do NGO’s works with business communities? I would appreciate your advice.
A [Stephan Klingelhofer]: The business community can and often does play a significant role, directly and indirectly to the promotion of participatory government and human rights. They accomplish this objective out of a sense of personal (business) interest and public interest, by seeking to strengthen the communities they serve, where they employ people and where they sell their products, for example. It is to their benefit to have an engaged, active, and healthy population, and an economic and political environment withich is conducive to business. In general, a high degree of participatory government and human rights values seems to promote business as well as human development.
Businesses can accomplish these goals through their own public support of efforts to encourage public participation in matters of public interest. They can also provide economic support to organizations that advocate for such policies.
Unfortunately, not all business leaders are sufficiently broad-minded to see that they themselves, as well as their customers and employees, really are part of "civil society" and benefit from establishment and continued encouragement of those values. Civil society organizations should, in my view, target businesses at all levels (local, regional, and national, as well as international) for support for right-minded causes. They would thereby broaden their own support base, as well as move their own agenda forward in a positive way.
Q [Chat Participant]: Do you work with NGO's outside of USA?
A [Stephan Klingelhofer]: Essentially we work ONLY with organizations outside the US. Please see our website (www.icnl.org) for our institutional policy and approach.
Q [Chat Participant]: What are your views on the NGO situation in Russia right now?
A [Stephan Klingelhofer]: We have a significant program in Russia. We have been concerned for some time about the apparent efforts of the Russian government to restrict the activities of NGOs through what we believe to be excessive oversight and operational requirements. Accordingly, we have worked with the NGO sector and the Russian government to ensure the least restrictive environment possible, with some success.
The freedom of association is essential for effective use of other freedoms -- of expression, and full participation in the policy-making and implementation of polices affecting the people. We continue to hope that the Russian leadership will ensure that such freedom of association remains secure.
Comment [Chat Participant]: Thank you for your answers sir.
Q [cam238]: Can you discuss some examples of the challenges usually faced by NGO's and civil society organizations developing organizational governance. I am running an education advocacy NGO and am have had recent issues of theft within the organization by the treasurer. How can we develop stronger internal governance to avoid this in the future?
A [Stephan Klingelhofer]: The single greatest obstacle to establishing good internal governance, I believe, is the absence of a trained and interested Board of Directors, whose job it is to provide oversight over the operations of the organization. Many board, throughout the world, simply do not understand what is required for sound oversight, or do not take the needed time or interest to do so.
Training opportunities are available through many organizations in various regions of the world. BoardSource, located in Washington, has outreach to partners around the world, and would be a good source of information on this subject.
Beyond Board oversight, well-trained management, and especially fiscal management, is also essential, with sound internal audit programs and internal accountability on a regular and frequent basis. Again, training opportunities are available, either in person or in writing.
Comment [Abraham_Lincoln]: Thank you so much for your insightful and inspiring comments on the business communities and NGOs. I really do appreciate.
Stephan Klingelhofer: My thanks to all the participants for an excellent "chat" on what we consider an extremely important (and current) subject -- the role of NGOs and civil society in enabling the public to participate in policy formulation and implementation. The promotion of public engagement is the best way of ensuring that government serves its people most effectively. We at ICNL send all of you our very best wishes. Stephan Klingelhfoer
Moderator: We wish to thank Stephan Klingelhofer for joining us today. The webchat is now closed. Please visit our USINFO Webchat Station homepage for more information on upcoming events and a transcript of today’s discussion (posted within one business day).
(Guests are chosen for their expertise. The views expressed by guests are their own and do not necessarily reflect those of the U.S. Department of State.)
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