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Moldova

Civil Society Collaboration (MD0071)

Overview

At-a-Glance

Action Plan: Moldova Action Plan 2018-2020

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: State Chancellery

Support Institution(s): NA

Policy Areas

E-Government, Open Regulations, Public Participation, Subnational

IRM Review

IRM Report: Moldova Design Report 2019-2020

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information , Civic Participation

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

3. Strengthen the platforms and mechanisms of collaboration with civil society
Lead implementing
agency/actor State Chancellery
Commitment description
What is the public problem that the commitment will address? The decision-making mechanism raises concerns related to civic participation both at local and central level. The current mechanism for public consultations does not ensure an active participation of the citizens in the decision-making processes. Additionally, transparency in the decision making processes at the local level raises concerns too.
What is the commitment? The commitment refers to strengthening the collaboration platforms and mechanisms with civil society in order to ensure transparency in decision-making and improving the dialog with civil society.
How will the commitment contribute to solve the public problem? Commitment contains activities related to publication of the results of public consultation around normative acts, developing mechanisms for e-participation in decision-making and publication of administrative acts in the State Register of Local Documents for ensuring transparency at local level.
Why is this commitment relevant to OGP values? • Public participation;
• Access to information
Milestone Activity with a verifiable deliverable Responsible authority Deadline Progress indicators
Developing mechanisms for e-participation in decision-making processes State Chancellery, E-Governance Agency, Ministries, other central administrative authorities Quarter IV, 2019 Electronic participation tools developed.
Ensuring online publication of the results of public consultations Ministries, other central administrative authorities,
State Chancellery Annual Results of the public consultations published.
Monitoring the process of publishing of administrative documents by the local public administration authorities in the State Register of Local Documents State Chancellery Annual Number of published decisions on
http://actelocale.gov.md/

IRM Midterm Status Summary

3. Strengthen collaboration with civil society

Language of the commitment as it appears in the action plan: Strengthen the platforms and mechanisms of collaboration with civil society [43]

Milestones

3.1 Developing mechanisms for e-participation in decision-making processes

3.2 Ensuring online publication of the results of public consultations

3.3 Monitoring the process of publishing of administrative documents by the local public administration authorities in the State Register of Local Documents

Start Date: 2019     

End Date: 2020

Commitment Overview

Verifiability

OGP Value Relevance (as written)

Potential Impact

Completion

Did It Open Government?

Not specific enough to be verifiable

Specific enough to be verifiable

Access to Information

Civic Participation

Public Accountability

Technology & Innovation for Transparency & Accountability

None

Minor

Moderate

Transformative

Not Started

Limited

Substantial

Completed

Worsened

Did Not Change

Marginal

Major

Outstanding

3. Overall

Assessed at the end of action plan cycle.

Assessed at the end of action plan cycle.

                                       

Context and Objectives

Moldova has made efforts to ensure that decision-making processes are participatory, though steps remain to strengthen collaboration with civil society. [44] Article 3 of the Law on the transparency of the decision-making process [45] requires all public authorities to organize public consultations with civil society and citizens. Nonetheless, the current action plan states that the decision-making mechanism does not secure the active participation of citizens in the process. [46] According to the law on the official webpages of the ministries, each ministry should have a section on their webpages where bills are published for public consultations. [47] In 2012, a central platform (particip.gov.md) for public consultations on bills was created. However, it is poorly promoted, and citizens are mostly unaware of the bills published on it or the timelines for consultations. [48]

This commitment aims to address these issues by strengthening collaboration platforms for civil society. Specifically, it proposes to develop mechanisms for e-participation in decision-making processes (3.1). Since a mechanism for e-participation already exists (particip.gov.md), further clarifications were needed. The former point of contact to OGP at the State Chancellery confirmed that this activity does not envisage the development of a new mechanism, but rather plans to modernize the particip.gov.md platform, a statement that was supported also by the E-Governance Agency. [49] Since the platform already exists and there is no additional information in the action plan on what the modernizations will include, it is difficult to assess its potential impact.

It is also unclear how the State Chancellery will ensure the online publication of public consultations results in all ministries (3.2). The rules of procedure of the government [50] obligate ministries to post on their websites the outcomes of consultations, the tables of divergences, and objections. [51] When civil society submit proposals, ministries must post online what was and was not accepted. The State Chancellery is then responsible for monitoring the process and ensuring that this rule is observed. [52] The way it will ensure it, however, is not yet clear.

Milestone 3.3 calls for monitoring the publishing of administrative documents by local public administration authorities in the state register of local documents. In October 2018, Law no.161 [53] entered into force, requiring local public administration authorities to publish administrative documents in the state register of local documents. [54] The State Chancellery monitors this process.

Interviewed civil society stakeholders welcomed the inclusion of this commitment in the action plan [55] since, in the past, the government often did not publish the outcomes of consultations. But civil society remains concerned about the quality of consultations and the representativeness of the civil society members who are consulted. [56] If implemented as written, this commitment could help ensure that more local public authorities publish all local documents in the registry. The commitment could also provide more information on which solutions/proposals were collected during consultations, which could in turn help civil society to check how inputs were included in the policy-making process. However, the proposed activities lack clear indicators on what steps will be taken to achieve these goals. The potential impact is therefore assessed as minor. While this commitment could strengthen existing practices foreseen by the law, it is unlikely to significantly change the status quo in terms of civil society collaboration.

Next steps

In the next action plan, the IRM recommends including commitments that aim to protect civic space in Moldova, considering persistent issues faced by civil society and journalists. For example, the government could consider collecting and publishing data on documented cases of harassment and interference against civil society and journalists and ensuring adequate legal protection and counsel for CSOs and journalists who report wrongdoings or corruption. The government and civil society could also consider carrying out capacity building for protecting civic space and freedom of expression, particularly for state authorities responsible for protecting these rights. 

Furthermore, the government needs to consider improving the representativeness of civil society during consultations, [57] broadening the circle of civil society representatives participating in consultations specific to each policy area. The government could also focus on ensuring follow-up communication to civil society on which proposals were taken further in the policy documents/bills, rather than providing binary (yes/no) replies on what was accepted and what was not. If the current commitment is carried forward, the government should ensure milestones clearly articulate which mechanisms of e-participation are to be improved.

[43] OGP, Moldova Action Plan 2018-2020, https://www.opengovpartnership.org/documents/moldova-action-plan-2018-2020

[44] Council of Europe (2017), Handbook on transparency and citizen participation, https://rm.coe.int/handbook-moldova-ron/1680788ff5

[45] Republic of Moldova, Law no. 239 of 13.11.2008 on the Decision-Making Process, http://lex.justice.md/viewdoc.php?action=view&view=doc&id=336188&lang=1

[46] OGP, Moldova Action Plan, https://www.opengovpartnership.org/?s=Moldova+Action+PLan

[47] Government Decision no. 188 of 03.04.2012 on the official webpages of the public administration authorities, http://lex.justice.md/viewdoc.php?action=view&view=doc&id=342699&lang=1

[48] IRM, End-of-Term Report 2016-2018, https://www.opengovpartnership.org/wp-content/uploads/2019/10/Moldova_End-of-Term_Report_2016-2018_EN.pdf

[49] Interview Natalia Bejenar, State Chancellery, former OGP Point of Contact, 2 April 2019; Interview Cornelia Amihalachioae, E-Governance Agency, 10 April 2019.

[50] Rules of Procedure of the Government, http://www.legis.md/cautare/getResults?doc_id=119333&lang=ru

[51] Interview Natalia Bejenar, State Chancellery, OGP Point of Contact, 2 April 2019.

[52] Ibid.

[53] Law no. 161 of 07.07.2016 on the amendment of some legislative documents, http://www.legis.md/cautare/getResults?doc_id=95791&lang=ro

[54] State Register of Local Documents, http://actelocale.gov.md/

[55] Interview Tatiana Sava, Researcher at Expert-Grup Independent Think Tank, 1 April 2019.

[56] Interview Tatiana Sava, Researcher at Expert-Grup Independent Think Tank, 1 April 2019; Interview Iana Spinei, Transparency International, 4 April 2019.

[57] Ibid.


Commitments

  1. Access to Information and Open Data

    MD0069, 2018, Access to Information

  2. Budget Transparency and Public Procurement

    MD0070, 2018, Anti-Corruption

  3. Civil Society Collaboration

    MD0071, 2018, E-Government

  4. Diaspora Participation

    MD0072, 2018, E-Government

  5. Accountability Mechanism

    MD0073, 2018, Anti-Corruption

  6. Public Service Delivery

    MD0074, 2018, Access to Justice

  7. Increase Public Procurement Transparency

    MD0061, 2016, Access to Information

  8. Increase Knowledge of Public Procurement Process

    MD0062, 2016, Access to Information

  9. Ensure Budgetary Transparency

    MD0063, 2016, Access to Information

  10. Open Data in Education Sector

    MD0064, 2016, Access to Information

  11. Publish Government-Held Open Data

    MD0065, 2016, Access to Information

  12. Participative Policy-Making Process

    MD0066, 2016, E-Government

  13. Public Sector Evaluation

    MD0067, 2016, Public Participation

  14. Ensure Quality of Service Delivery

    MD0068, 2016, Capacity Building

  15. Improving the Government Open Data Portal

    MD0048, 2014, Access to Information

  16. Setting up an Action Plan for Open Data

    MD0049, 2014, Access to Information

  17. Setting up Guidelines for Publishing Open Data.

    MD0050, 2014, Access to Information

  18. Raising Awareness Among Civil Servants.

    MD0051, 2014, Access to Information

  19. Civil Servant Training

    MD0052, 2014, Access to Information

  20. Government Email System

    MD0053, 2014, E-Government

  21. Auditing Public Websites

    MD0054, 2014, Anti-Corruption

  22. Evaluating e-Petition Requirements.

    MD0055, 2014, E-Government

  23. Fostering Transparency at the Local Level.

    MD0056, 2014, E-Government

  24. Improving Communication at the Local Level.

    MD0057, 2014, E-Government

  25. Adopting New Public Consultations Principles.

    MD0058, 2014, Legislation & Regulation

  26. Training Civil Servants for Improved Communication

    MD0059, 2014, Capacity Building

  27. Improving Online Participation Platform

    MD0060, 2014, E-Government

  28. Strengthening the Enforcement of the Regulation on Transparency

    MD0001, 2012, E-Government

  29. Semestrial Progress Reports on Transparency in Decision Making

    MD0002, 2012, E-Government

  30. Update the Module "Decision Making Transparency" on the Websites of the Central Public Authorities

    MD0003, 2012, E-Government

  31. Publish Environmental Open Data on Central Public Authorities Websites

    MD0004, 2012, Environment and Climate

  32. Develop Methodological Guide

    MD0005, 2012, Environment and Climate

  33. Amendment Regulation

    MD0006, 2012, E-Government

  34. Mandatory Use of Government e-Mail Account Electronic (Gov.Md)

    MD0007, 2012, E-Government

  35. Annual Report on Public Sector Information

    MD0008, 2012, Legislation & Regulation

  36. Post Information on Draft Policies and Legislations on Www.Particip.Gov.Md

    MD0009, 2012, E-Government

  37. Development of an Online Petition Portal

    MD0010, 2012, E-petitions

  38. Starred commitment Draft the Law on Public Sector Information Reuse

    MD0011, 2012, Access to Information

  39. Develop Institutional Regulations for Collecting, Archiving and Publication of Data in Digital Format in Line with National Standards

    MD0012, 2012,

  40. Developing the Public Procurement Application

    MD0013, 2012,

  41. Starred commitment Drafting the Government Decision on Implementation of Law on Public Sector Information Reuse

    MD0014, 2012,

  42. Opening Priority Data

    MD0015, 2012,

  43. Publishing the Open Government Data Catalogue

    MD0016, 2012,

  44. Expanding Government Data Portal (Www.Date.Gov.Md)

    MD0017, 2012, Access to Information

  45. Mapping the Location of Public Institutions

    MD0018, 2012, E-Government

  46. Develop Applications to Launch of the Innovative Applications Development Contest

    MD0019, 2012,

  47. Implementation of Selected Apps

    MD0020, 2012,

  48. Develop National Standards for Collecting, Archiving and Publication of Data in Digital Format

    MD0021, 2012,

  49. Amend Law No. 1264- XV to Make Income and Property Declarations of Senior Officials, Judges, Prosecutors, and Civil Servants, Public

    MD0022, 2012,

  50. Develop an Online Automated Information System for Public Officials to File Income Statement

    MD0023, 2012,

  51. Develop Guidelines for Using Social Media in the Public Sector

    MD0024, 2012,

  52. Harmonize Public Relations and Communication Strategy with the Guidelines on Using Social Media

    MD0025, 2012, Capacity Building

  53. Government Presence in Social Media

    MD0026, 2012, Capacity Building

  54. Social Media in Government Training

    MD0027, 2012, Capacity Building

  55. Develop Regulation

    MD0028, 2012,

  56. Publish Documents

    MD0029, 2012, E-Government

  57. Publish Projects, Plans and Budget Proposals on Websites of Authorities

    MD0030, 2012,

  58. Starred commitment Publish Real-Time Information on State Budget Execution

    MD0031, 2012,

  59. Update Annual Database on Public Spending (BOOST) and Publish Data for 2011

    MD0032, 2012,

  60. Publish Online Realtime Income and Expenditures of Central Public Authorities

    MD0033, 2012,

  61. Opening up Data and Providing Quarterly Updates on External Assistance

    MD0034, 2012,

  62. Create an Internal Integrated Information System for Collecting Information on External Assistance

    MD0035, 2012,

  63. Develop and Launch an External Web Application to Monitor Flow of External Assistance

    MD0036, 2012,

  64. Transparent Information on Public Procurement

    MD0037, 2012,

  65. Starred commitment Develop and Launch the Electronic Information System

    MD0038, 2012,

  66. Establish a Procurement Agency Assistance Center

    MD0039, 2012,

  67. Train Public Offcials

    MD0040, 2012, Anti-Corruption

  68. Develop Indicators and Statistical Methodology for Transparency in e-Procurement Systems

    MD0041, 2012,

  69. Starred commitment Amend Electronic Procurement Law

    MD0042, 2012,

  70. Draft and Approve List of Public Services

    MD0043, 2012,

  71. Develop and Implement Quality Standards

    MD0044, 2012,

  72. Digitize Public Service Gradually

    MD0045, 2012,

  73. Starred commitment Human Resources Management System

    MD0046, 2012,

  74. Innovative IT Tools for Primary and Secondary Education System

    MD0047, 2012,

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