The Participation and Civic Engagement Team works to promote poverty reduction and sustainable development by empowering the poor to set their own priorities, control resources and influence the government, market and civil society institutions; and influencing governmental and private institutions to be responsive, inclusive, and accountable. Note No. 82 March 2003 Enabling Environments for Civic Engagement in PRSP Countries A Theoretical Framework and Tool for resources."1 Under the right conditions civic Assessing the Environment for Civic engagement can promote development and Engagement in Bank-supported Programs improve the economic and social conditions of the poor. How civil society can maximize its potential Introduction in alleviating poverty and promoting social accountability, and what types of laws, regulations, It is now increasingly recognized that, alongside governance and cultural norms are needed to create the state and the market, civil society is a critical the most conducive environment in which civil factor in determining the level, pace and equity of society operates, is less well understood. a country's economic, social and political development. Civic engagement is the participation From Handbook on NGO Law to Knowledge of private actors in the public sphere, conducted Tools through direct and indirect interactions of civil society organizations and citizens-at-large with The Participation and Civic Engagement Group is government, multilateral institutions and business implementing a project, "Improving the establishments to influence decision making or Environment for Civic Engagement in Poverty pursue common goals. It is a process that organizes Reduction," whose aim is to contribute to a better citizens or their entrusted representatives to "influence, shape and control public affairs and 1 development initiatives, implementation and Swarnim Wagle, Parmesh Shah, "An Issue Paper on Participation in Public Expenditure Systems," World Bank Note, http://www.worldbank.org/participation/PEM.pdf ______________________________________________________________________________________________ "Jeff Thindwa, Carmen Monico and William Reuben prepared this Learning Note, based on information contained in two unpublished documents: The "Promoting Enabling Environments for Civic Engagement" proposal submitted to the Netherlands Consultants Trust Fund and the "Improving the Environment for Civic Engagement in Poverty Reduction" proposal submitted to the Norwegian Trust Fund. Use was also made of the daft document "Fostering An Enabling Environment For Civic Engagement In Service Delivery ­ A Note for the WDR 2004's Consideration". The views expressed in this note are those of the author(s) and do not necessarily reflect the official policies of the World Bank. understanding of the how the legal environment appropriate role for the Bank in promoting influences civic engagement, and to develop enabling environments for civil society. The analytical tools to assist Bank TTLs in assessing project developed a) an analytical framework and a this environment and identifying priorities for legal tool for assessing the legal environment for civic and policy reform. The scope of this work has been engagement, now in the pilot phase; b) a website expanding beyond the initial focus on the legal for sharing knowledge and information on legal dimensions, to include broader dimensions of the frameworks in client countries; c) a workshop for environment in which civil society operates, as Bank TTLs on the assessment of legal frameworks enumerated below. The analytical framework and in CDD operations. The project's orientation at the assessment tool that has been developed as part of onset was towards application of the assessment the project were applied in a recent study of civic tool in the context of CDD operations and social engagement in the context of decentralization in accountability activities. Consultations were made Senegal as part of an ESW, and will be further with country teams both, at HQ and in the field, to used in two pilot countries beginning April 2003. It validate this project. is potentially adaptable to support analytical work linked to different Bank instruments and programs In 2002 another project-for the third phase-was such as PRSP/CS, CDD, CAS. approved for funding by the Norwegian Trust Fund, mainly to facilitate pilot testing and The project builds on earlier Bank work going implementation of the assessment tool. back to 1995 when the then NGO Unit Specifically, the project--"Improving the commissioned the International Center for Not-for- Environment for Civic Engagement in Poverty Profit Law (ICNL) to develop a "Handbook on Reduction"-- has the following objectives: Good Practices for Laws Relating to NGOs" The To field test and refine the tool for objective was to make a contribution to improve assessing the regulatory environment for the environment of NGOs. It was also a response civic engagement in two countries, to the expressed need of Bank staff to better Albania and Honduras. understand the legal and regulatory environment in To improve the methodology for building which NGOs operated, at a time when the Bank stakeholder capacities to assess regulatory was increasing its collaboration with NGOs. NGO frameworks for civic engagement legislation and experiences from over 100 (including for CDD operations and social countries were compiled, and the Handbook accountability), identify key issues and remains an important source of information for constraints, and develop focus areas for NGOs, law reform practitioners, development legal and policy reforms. agencies, and governments. A follow up project, To promote learning and knowledge "Promoting Enabling Legal Environments for sharing among legal experts, NGO Civic Engagement" was developed in July 2001 practitioners and Bank staff working on and financed through the Netherlands Trust Fund. improving the regulatory environment in It was based largely on the critiques and PRSP countries. recommendations of civil society interlocutors who were consulted by the NGO Unit on the most Box 1: The Legal Frameworks for Civic Engagement Defining and Analyzing the Environment for Website Civic Engagement In addition to the operational and learning components, the project will maintain the "Legal Frameworks for Yet performing these roles effectively depends Civic Engagement" topic page, currently hosted by the upon the existence of an enabling environment. Development Gateway The "health" of this enabling environment, or how (www.developmentgateway.org/civic). Developed in 2001 under the second phase project ("Promoting "enabling" it is, depends in large measure upon the Enabling Legal Environments for Civic Engagement) extent to which certain external factors assist or and launched on January 28, 2003, the website is a key hinder civil society in promoting the interests of knowledge component of the project. It aims to increase the poor. These factors are the legal and regulatory awareness about conditions that encourage or impede framework, the political and governance context; civic engagement in promoting social and economic socio-cultural characteristics, and economic development. It also presents a practical opportunity for conditions. Some of them are more actionable than civil society, development practitioners, and policy others from the point of view of legal or policy makers to join an online community and to share reform interventions. These external conditions in knowledge. Members of the Civic Engagement topic turn influence specific "enabling elements" that are page can contribute and exchange experiences and best practices, sharing their information and views with an essential to the effectiveness of civil society as a international user community. An independent key determinant of development. These enabling Advisory Group provides guidance on editorial issues, elements are the freedom of citizens to associate ensuring a broad representation of different viewpoints. (A); their ability to mobilize financial resources to The World Bank is collaborating with 11 key civil fulfill the objectives of their organizations (R); society organizations and the African Development their ability to formulate, articulate and convey Bank in operating the topic page. The Development opinion (V); their access to information Gateway Portal (http://www.developmentgateway.org) (necessary for their ability to exercise voice, is a program of the Development Gateway Foundation, a not-for-profit Foundation based in Washington DC. engage in negotiation and gain access to For more information on the Foundation, visit: resources) (I); and the existence of spaces and http://www.dgfoundation.org. For more information on rules of engagement for negotiation and public the topic page, contact The Arias Foundation at: debate (N). The ARVIN acronym synthesizes the info@arias.or.cr or Carmen Monico at: complexity of multiple conditions that affect the cmonico@worldbank.org ability of CSOs and governments to engage in public debate and in systems of social accountability. Why Civic Engagement is Important in Poverty Reduction Civil society organizations (CSOs) are important actors in building necessary social consensus for economic reforms and long term development, in promoting effective governance by fostering transparency and accountability of public institutions (including combating corruption and ensuring poverty-focus of the budget), and in efforts to fight inequality and exclusion. But CSOs also have an increasingly critical role in the direct delivery of social and economic services, and in improving natural resource management and environmental protection through collective action. As recognized in the 2004 WDR, civil society groups can serve the poor by acting as monitors, advocates, and providers of social services. Box 2: The ARVIN Framework: A Way to Assess the Enabling Environment for Civic Engagement Legal and Political and Socio-Cultural Economic Conditions Regulatory Governance Characteristics Framework Context Association Freedom of Recognition and Social capital Cost of legal registrations and Association accreditation Gender barriers accreditations policies and Illiteracy Cost of convening meetings procedures and forums Resources Tax systems, Government Social Size of and stresses in the fund raising grants, private philanthropy (the economy and funds, culture of giving) unemployment procurement contracting, other History of Impact of economy on regulations transferences associational life, contribution by members Self-help and Infrastructure and cost of gap-filling communications Voice Freedom of Political control Communication Fees associated with expression. of public media. practices (use of expressing views in media Media and ICT media by (ads vs. op-ed) related laws different social Costs to groups) present/publish/distribute views (petitions, newsletters, radio stations) Information Freedom of Information Information Costs/fees for access to information. disclosure networks, information Rights to policies and Illiteracy access public practices. Ability the use of word information to demystify of mouth public policy and budgets Negotiation Legally Political will. Social values and Bargaining power established Institutionalized hierarchies that Impact of economic dialogue dialogues and set who can constraints on autonomy and spaces social speak on what advocacy (referendums, accountability subject in what lobby mechanisms. context and when regulations, Parliaments', and public forums, local and national etc.) governments' capacities to engage The enabling environment for civic engagement can thus be understood as a set of interrelated In addition, however, there are institutional and conditions that impact on the capacity of CSOs and organizational dynamics within civil society itself other development actors to engage in that influence the ARVIN "enabling elements" and development policies, strategies and projects at the that must be, along with the external factors, the national and local level in a sustained and effective subject of analysis if the fullest scope of manner. Indeed, a recent comparative study of constraints to civic engagement is to be legal frameworks for NGOs found that although understood. These dynamics include such factors other factors were also at work, "the more as accountability, representation, legitimacy, favorable the regime for nonprofit action, the more institutional and organizational capacities, self highly developed the nonprofit sector is."2 regulation, and institutional relationships among 2Lester Salamon, Stefan Toepler, "The Influence of Johns Hopkins University Institute for Policy the Legal Environment on the Development of the Studies, 2000, page 23, Nonprofit Sector", Working Paper Series No. 17, http://www.jhu.edu/~ccss/pubs/ccsswork/. civil society groups and between civil society Box 3: Assessing Civic Engagement: groups and the state and private sector. Decentralization in Senegal Project Approach and Methodology The value of the expanded methodology for assessing the environment for civil society was tested in a recent The project aims to engage stakeholders (Bank, application in a study to identify constraints to civic engagement in the context of decentralization in government, civil society representatives, lawyers) Senegal. The methodology identified the important in a process to identify constraints or limitations in ways in which the external factors-legal, political, the environment for civic engagement, on the basis socio-cultural and economic-influenced the capacity of of which they can articulate focus areas for civil society and citizens (as the demand side of the improving the environment for civic engagement decentralization) to associate, mobilize resources, gain through specific legal and policy reforms. Each access to information, participate in public forums and initiative will work with the relevant country team debates, and engage effectively with decentralization to define the scope of the work, identify sources of questions, local governance issues, and provision of data and information, and articulate expected basic services. The study identified important inputs and resources, outputs and outcomes. Early constraints to civic engagement. Among them were failures in information disclosure; widespread ignorance in the process, a stakeholder analysis will be about laws and policies, and inaccessibility of conducted to identify the institutions and information, exercabated by the problem of pervasive individuals associated with legal reform for civil illiteracy. It also established that mechanisms for society, or otherwise with an interest in the process citizens to engage with the state were not and outcomes of analyzing the environment for institutionalized, and in many instances were left to the civic engagement. The stakeholder analysis will be discretion of government officials. Further, economic used as a basis for selecting participants to the first pressures were limiting the ability of CSOs to influence orientation workshop preceding the assessment policies. The pursuit of funds was more urgent than process, and to identify interviewees and engaging in policy dialogues, and CSOs were participants in the assessment process. vulnerable to political cooptation. By far the most widely cited constraint of CSOs was inadequate financial resources. On a positive note, major CSOs Applying participatory, qualitative and quantitative were implementing projects aimed at increasing the research methods, stakeholders will be engaged in demand for accountability and transparency of assessing the legal environment for civic government, activities which they said urgently required engagement based on the ARVIN framework and financial and technical support. This study demonstrated its comprehensive checklist of key questions. The the potential of the analytical framework and process will employ a combination of individual assessment tool to be applied in Bank supported interviews, focus group discussions, workshops programs where both supply and demand side and questionnaires (with open ended and closed impediments to civic engagement have to be identified, questions). Complementing this will be detailed in order to promote specific remedial measures, be they policy reforms or capacity building interventions. The literature reviews and analysis which will include study will form part of an ESW on decentralization in legislation, policy documents, parliamentary Senegal. proceedings, academic papers and other relevant materials. An introductory workshop will be organized for selected participants at the beginning of the assessment. It will conduct a facilitated review of the scope, approach and methodology of the project. Participants will comment on the assessment process and make recommendations. The main output of the complete assessment process will be a stakeholder generated analysis of constraints in the legal framework, and a set of recommendations for legal and policy reforms. "Social Development Notes" are published informally by the Social Development Family in the Environmentally and Socially Sustainable Development Network of the World Bank. 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