Pilot Implementation of the Methodology for NGOs Participation (CZ0035)

Brief Description of the Commitment

It is a follow-up to the Fifth Action Plan commitment, the content of which is a pilot implementation of the methodology already developed in the participatory processes of ministries and other central administrative authorities.

Problem Definition

1. What problem does the commitment aim to address? In the course of creating the Strategy for the Cooperation of Public Administration with Non- Profit Non-Government Organisations for 2021 to 2030, a strategic document of the Government Council for Non-Governmental Non-Profit Organisations ("GCNGO"), inconsistency was identified in the way ministries and other central state administration bodies ensure the participation of representatives of non-governmental non-profit organizations ("NGOs") within processes leading to participation in decision-making, specifically in the creation and functioning of advisory and working bodies ("AWB") and in preparing or changing key documents and public policies (draft laws, subordinate legislation, strategies, methodologies, analyses, etc.). The absence of a uniform methodology has not contributed to sufficient and effective communication between the government sector and organised civil society and could lead to non-transparency and thus potentially to a reduction in the credibility of the results achieved and participatory processes themselves. At present, the risk of certain "monopolisation" of participation in participatory processes remains unaddressed, when ministries or other central administration bodies are allowed to repeatedly select only a narrow group of entities with which they have previously cooperated and with which they have good experience. This practice may pose the risk of not utilizing the full potential of participatory processes or of creating unjustified barriers to access for those entities that do not normally engage in participatory processes. Last but not least, the absence of an understandable methodology could have been the reason for the use of participatory processes to a much more limited extent, when a certain degree of public consultations is mandatory or for their absence, when the voluntary use of participatory processes would be beneficial. As stated in the Report on Quality of Life and its Sustainability (pp. 161-166) and the 2nd implementation plan of the Strategic Framework Czech Republic 2030 (for 2022–2025), in which at the time of drafting the Sixth Action Plan, the interdepartmental comment procedure was being settled, the involvement of NGOs and other entities in policy-making is still rather formal without significant systemic (political, methodological and instrumental) support. The long-term low representation of women in working and advisory bodies of the Government is also a problem. Studies show that a more balanced share of women and men in decision-making positions allows for a more differentiated approach to problem solving, enabling the use of a wider spectrum of talents and life experience. Mixed teams work more efficiently, effectively, and innovatively than homogeneous collectives, where only one group is significantly represented, because they can better deal with complex phenomena in society. Therefore, the Gender Equality Strategy for 2021 – 2030 calls for considering a balanced representation of women and men in the AWBs of the Government of the Czech Republic in the Decision-making chapter through measure No. 1.3.8.

2. What are the causes of the problem? A number of AWBs are being set up at the state administration level. A comprehensive list of them is not available, so it is difficult to determine their exact number. AWBs are governed by the relevant statutes and rules of procedure. The composition of the advisory body is listed in the statute either without specifying the entity, e.g., according to the Statute of the Government Council for Gender Equality it is stated that the membership is also of 10 representatives of the public from non-governmental non-profit organisations active in the field of gender equality, or specifically with the names of the entities/NGOs, e.g.. the Statute of the Government Council for Sustainable Development for example, mentions 1 representative of the Czech Women's Lobby as a member. However, neither the Statutes nor other accompanying documents specify how and based on what criteria the members representing civil society are selected. Absence of information about the recruitment mechanism, or the absence of a uniform methodological environment (and appropriate tools, e.g., a uniform web portal for information) thus represents one of the causes of the current situation. Regarding the second area of the problem, i.e., the participation of NGOs in the creation of the document, the Report on the Quality of Life and its Sustainability (pp. 161–166) states that public administrations generally have little idea how to ensure public participation and, more importantly, how to use it most effectively. Although a public consultation manual has existed since 2010, it has not been used or actively promoted by the Ministry of the Interior. The lack of knowledge of methods, standards, and recommendations regarding participatory processes is thus another cause of the problem.

Commitment Description

1. What has been done so far to solve the problem? Partial methodologies related to citizen participation were developed in the past. In 2009, the Ministry of the Interior developed the Methodology for public involvement in the preparation of government documents.. It presents the theoretical principles of public involvement and is specified only for public involvement in the Regulatory Impact Assessment (RIA) process. Subsequently, in 2010, the Ministry of the Interior produced Guidelines for public involvement in the preparation of government documents, which namely lists and describes public involvement methods and techniques. However, both documents have not been actively promoted, and their application evaluated (although they are merely advisory in nature). Considering the time of their creation, they lack information about new and innovative tools. More up-to-date (from 2019) is the Methodology for preparation of public strategies prepared by the Ministry for Regional Development, which, however, is extensively devoted only to the creation of strategic documents. The current strategic material of the Ministry of the Interior, the Concept of Client-Oriented Public Administration 2030 deals with improving communication and educating the public about the possibilities of citizen participation in public affairs (outcomes not yet available). The focus of the material is thus different from the methodology of NGOs participation, however both materials can complement each other. So far, no methodological material has been devoted to the use of participatory processes in AWB. To address this problem, the Methodology for the Participation of Non-profit Non-governmental Organisations in Advisory and Working Bodies and in the Drafting of State Administration Documents was developed. Its development was part of the previous Fifth Action Plan. The methodology focuses on increasing the level and effectiveness of the participation of NGOs representatives, their umbrella organisations, and networks in governance at central level, i.e., at the level of ministries and other central administrative offices, and contains recommendations aimed at ensuring adequate conditions and means meaningful participation for both the state and NGOs. The finalisation, approval, and follow-up implementation of the methodology were postponed compared to the original plan. The reasons for the change in the schedule were partly outlined in the periodically published partial updates of the implementation status of the Fifth Action Plan commitment1 . Other reasons for the postponement included change of government, handover of the agenda to the new management of the Office of the Government, impossibility to convene the GCNGO meeting because of a planned revision of the status of advisory bodies and inappropriate overlap of activities planned for the second half of 2022 with the presidency of the Czech Republic in the Council of the EU.

2. What solution do you propose? After the new aforementioned methodology is approved, the preparatory phase for its practical implementation will begin. Negotiations will be held with ministries on their involvement in the pilot testing of the methodology in practice and identification of their planned activities (e.g., re- nomination of members to the AWB, revision of documents) where the methodology could be verified. Meetings with departments and NGOs will be held, where participants will be introduced to the methodology and opportunities for cooperation on pilot testing and the results of a questionnaire survey will be presented to map and evaluate the cooperation of central state administration bodies with umbrella organisations and NGOs networks. The designation of departments for pilot implementation will follow. In contrast to the original plan, which envisaged a pilot testing in only one department, it is of interest to pilot verify the methodology in several departments (the Ministry of Foreign Affairs and the Ministry of Environment have given their preliminary consent to the involvement, the pilot verification is also planned within the activity of the Department of the GCNPO Secretariat). In accordance with the recommendation of the Working Group for the development of the methodology for the participation of civil society representatives in participatory processes, an external expert will be involved, who will act as methodological support during the pilot implementation. In contrast to the methodologies developed in the past, this methodology will be actively promoted, and its implementation evaluated (although it will be of a purely advisory nature). The long-term ambition is to implement the methodology across the state administration. The methodology, as its name implies, focuses only on a subset of participatory processes, deals with the participation of NGOs, their umbrella organisations and networks and covers only the central level of government. Its effect will thus be only partial and will contribute to the cultivation of the environment and the solution of the problem only to a limited extent, but not insignificantly. However, a systemic shift in the overall participation (transparent participation of all stakeholders and the public) also requires political support to encourage inclusive governance and participation systematically and actively in public policy-making.

3. What results do we want to achieve by implementing this commitment? The main outcome of the commitment will be a pilot-tested methodology for NGOs participation in advisory and working bodies and in the development of state administration documents. The implementation of the methodology will take place in more than one ministry. In cooperation with the entities involved, the pilot implementation of the methodology will be evaluated and follow-up recommendations on participation will be formulated. The aim of the Commitment is to contribute to the establishment of a functioning methodological environment for participatory processes and to the efficiency of the use of participatory processes in the context of public policy-making and in the functioning of NGOs.

Analysis of the commitment

1. How will the commitment promote transparency? As a result of the implementation of the methodology, civil society, represented in this case by NGOs, their umbrella organisations and networks, should have better access to proactively published and appropriately structured information on participatory processes, their schedules, and the opportunities for effective engagement. Similarly, information on the functioning of NGOs, whose statutes and rules of procedure will incorporate participatory principles, and on the results of the development and subsequent completion of participatory documents should be better available.

2. How will the commitment help foster accountability? More frequent and better involvement of NGOs in AWB activities and development of documents will facilitate their access to information on policy and documentation development progress and will be better able to participate in the transparent monitoring and evaluation of the measures taken.

3. How will this commitment improve citizens' participation in the development, implementation, and monitoring of solutions adopted? Improving the participation of citizens in the development, implementation, and monitoring of adopted solutions is the main goal of the commitment. The commitment is specifically aimed at improving citizens' participation indirectly through increasing and improving the involvement of NGOs, their umbrella organisations and networks within their involvement in AWB and in the development of documents.

Commitment Planning (Milestones | Foreseen outputs | Estimated date of completion)

Preparatory phase for the pilot implementation of the methodology into practice | 1-2 meetings with ministries and other central administrative authorities and NGOs 1 external expert involved 2-3 central state administration bodies identified for pilot implementation | 30 June 2023

Implementation phase – putting the methodology into practice within the participatory processes of ministries and other central administrative authorities | 2-3 central administrative authorities involved in the pilot implementation | 30 JuneJune 2024

Final phase – in cooperation with central administrative authorities, evaluating the pilot testing of the methodology in practice and formulating follow-up recommendations in the field of participation. | 1 evaluation of the pilot testing in practice, including the formulation of follow-up recommendations in the field of participation | 31 December 2024

Action Plan Review

Commitment 1. Pilot implementation of methodology for civil society participation