OECD DEVELOPMENT ASSISTANCE COMMITTEE (DA)
WHEREAS Council Recommendations on Policy Coherence for Sustainable Development [OECD/LEGAL/0381]; Recommendation from Development Cooperation Council participants on managing the risk of corruption [OECD/LEGAL/0431]; Open Government Council Recommendation [OECD/LEGAL/0438]; DAC Recommendation on the Humanitarian-Development-Peace Nexus [OECD/LEGAL/5019]; and DAC Recommendation on Ending Sexual Exploitation, Abuse and Harassment in Development Cooperation and Humanitarian Assistance: Core Principles for Prevention and Response [OECD/LEGAL/5020
WHEREAS to the Framework for Dialogue between the DAC and Civil Society Organizations [DCD/DAC(2018)28/FINAL];
WHEREAS the foundation laid by international standards and documents on various aspects of the creation of civil society, in particular the Universal Declaration of Human Rights [United Nations General Assembly (UNGA) Resolution 217 A]; International Covenant on Civil and Political Rights [General Assembly Resolution 2200A (XXI)]; International Covenant on Economic, Social and Cultural Rights [General Assembly Resolution 2200A (XXI)]; Declaration on the Right to Development [General Assembly resolution 41/128]; VHumanitarian principles; Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms [UN General Assembly Resolution A/RES/53/144]; International Labor Organization Convention No. 87 on freedom of association and protection of the right to organize [CO87]; Convention on the Right to Organize and Collective Bargaining [CO98]; Future of Work Centenary Declaration [2019]; core international human rights treaties that protect and promote the rights of individuals and groups served or represented by civil society actors, such as women, children, persons with disabilities, racialized groups, migrants and indigenous peoples; UN Human Rights Council resolutions on civil society spaces: creating and maintaining safe and enabling environments in law and practice [A/HRC/RES/24/21] and civil society space: interaction with international and regional organizations [A/HRC/RES/38/12]; and relevant regional human rights standards;
WHEREAS to the 2030 Agenda for Sustainable Development and the Sustainable Development Goals [UN General Assembly Resolution A/RES/70/1] (here after the 2030 Agenda); The Global Partnership’s Principles for Effective Development CooperationIndicator 2: Enabling environment for civil societyand final documents approved in 2016Nairobi, in 2014Mexico, in 2011Busan, in 2008 inAccraand in 2005Paris; VDAC Guide to Gender Equality and Women’s Empowerment in Development Cooperation(1999); VPrinciples of Good Humanitarian Donation(2003); VNew way of working(2017); VBig deal(2016); Best Practices from the Financial Action Task Force on Nonprofit Abuse (Recommendation 8); and CSO standards, including 2010Istanbul Principles for the Effectiveness of CSO DevelopmentиGlobal Standard for CSO Accountability;
RECOGNITIONVAYA, What Civil society actors are independent development and humanitarian actors in their own right, as well as development cooperation partners and humanitarian assistance providers (“providers”);
RECOGNITIONVAYA, What civil society actors in all their diversity make critical contributions to the 2030 Agenda, the commitment to leave no one behind, inclusive sustainable development, effective humanitarian assistance, peacebuilding, and protecting and strengthening democracy;
RECOGNITIONVAYA, that the ability of civil society to exercise the rights to freedom of peaceful assembly, association and expression in person and online is under threat in many places, and the closure of civic space is part of a wider problem of declining respect for human rights, democracy, and international humanitarian law in the context of increasing autocratization, exacerbated by the Covid-19 pandemic;
RECOGNITIONVAYA, that the rise of undemocratic actors and actions undermines fundamental freedoms and human rights and weakens the enabling environment for civil society;
RECOGNITIONVAYA, that the closure of civic space poses a real danger to civil society actors in many countries, increases the vulnerability of civil society and affects the quality and effectiveness of development cooperation, humanitarian assistance and peacebuilding;
RECOGNITIONVAYA, that support to service providers and engagement with civil society should be tailored to take into account the diversity of civil society actors, including people on the front lines of poverty, inequality, conflict, vulnerability and marginalization in partner countries or territories, with a view to strengthening local ownership and resilience;
RECOGNITIONVAYA, the different contexts of the partner country or territory, the potential positive or negative impact of providers’ approaches on the civil society sector and civic space, and the need to ensure that providers do not cause harm;
RECOGNITIONVAYA, that the effectiveness, transparency and accountability of civil society actors enable civil society to maximize its contribution, can strengthen perceptions of civil society legitimacy and, in turn, provide a counterbalance to inappropriate restrictions on civic space;
RECOGNITIONVAYA, that the policies and practices of service providers in relation to how they respect, protect and promote civic space, support and engage with civil society, and promote the effectiveness, transparency and accountability of CSOs are interrelated and all contribute to the creation of an enabling environment for civil society, with efforts to address any of these potentially affecting the others;
RECOGNITIONVAYA, that DAC members and non-DAC members who have acceded to this DAC Recommendation (hereinafter “Adherents”) have different legal, institutional and policy frameworks and internal conditions relating to their roles in development cooperation and humanitarian assistance that may shape their implementation of this DAC Recommendation.
I. AGREEthat for the purposes of this DAC Recommendation the following definitions apply:
Civil society refers to the free association of people or interaction through which people undertake individual or collective actions to satisfy common needs, ideas, interests, values, faith and beliefs that they have identified as common, as well as formal, semi- or informal forms of association and the individuals participating in them. Civil society is different from the state, private business enterprises and the family.
Civil society organizations (CSOs) are the organizational representation of civil society and include all non-profit, non-governmental, non-partisan, non-violent and self-governing organizations outside the family in which people come together to pursue common needs, ideas, interests, values, faith and beliefs, including formal, legally registered organizations, as well as informal associations without legal status but with structure and activities.
Civic space is the physical, virtual, legal, regulatory and political space where people can, among other things, securely exercise their rights to freedom of peaceful assembly, association and expression in accordance with human rights.
BASIS ONE:
RESPECT, PROTECT AND PROMOTE CIVIL SPACE
II. RECOMMENDS, that Allies, in their roles as providers of humanitarian assistance and development cooperation, respect, protect and promote civic space and to this end:
1. Develop clear policy positions on the value of an inclusive and independent civil society and the importance of respecting, protecting and promoting civic space consistent with the rights to freedom of peaceful assembly, association and expression.
2. Seek dialogue with governments of partner countries or territories and raise public awareness of the value of an inclusive and independent civil society and civil society participation, and of respecting, protecting and promoting civic space.
3. Coordinate with providers and with international, regional and national bodies to monitor the openings and restrictions of civic space, increase access to and exchange of information, and promote stronger and more coordinated proactive and preventive action.
4. Take reasonable measures to avoid damaging civic space in partner countries or territories.
5. Support and engage with international, regional and national bodies and initiatives aimed at respecting, protecting and promoting civic space.
6. Support, as appropriate, the partner country’s or territory’s government accountability and oversight institutions, legal and regulatory frameworks and capabilities to enable civil society to comply with human rights, and to prevent unintended consequences due to misinterpretation or misapplication of Anti-Money Laundering and Anti-Terrorism Financing Standards.
7. Work with the private sector and independent media, where appropriate, to respect, protect and promote open civic space and promote social dialogue as a prerequisite for an enabling environment for business and the media.
8. Explore and share strategies among service providers and with civil society actors to counter false and disinformation, harassment, discrimination, and anti-democratic narratives against civil society.
9. Support broader and inclusive participation of civil society in public policy at all levels of government in partner countries or territories and in other institutions, including through the use of digital technologies.
10. Explore and address challenges, risks and systemic inequalities associated with digital technologies that limit or lead to digital disenfranchisement of civil society actors in partner countries or territories.
BASIS TWO:
SUPPORTING AND ENGAGING WITH CIVIL SOCIETY
III. RECOMMENDS, that Committers, as providers of development cooperation and humanitarian assistance, support and engage with civil society and to this end:
1. Develop, in consultation with civil society, a policy or strategy for working with civil society in both partner countries or territories and supplier countries that:
A. articulate goals for working with various civil society actors, both as independent development and humanitarian actors and as implementing partners;
b.seek to strengthen local ownership and an inclusive and independent civil society in partner countries or territories;
c.consider contextual risks or opportunities for civil society and civic spaces; And
d. integrate these political or strategic positions into broader development cooperation, humanitarian assistance and peacebuilding policies or strategies.
2. Seek the participation of civil society actors, particularly in partner countries or territories, where appropriate and possible, in policy and program prioritization, design, implementation, monitoring and evaluation through more structured, institutionalized, inclusive and accessible dialogue, including with parliaments, the private sector and the public.
3. Provide financial support to a variety of civil society actors as independent development and humanitarian actors, and to civil society actors as implementing partners, especially those representing those in the most vulnerable or marginalized situations, by, where appropriate and possible, increasing the availability of flexible and predictable support, core support and/or program-based support.
4. Promote and invest in the leadership of local civil society actors in partner countries or territories by, where appropriate and possible:
a. increasing the availability and accessibility of direct, flexible and predictable support, including substantive and/or programmatic support, to improve their financial independence, sustainability and local ownership;
b.supporting strategic alliances, networks, platforms and civil society resource centers at regional, national and subnational levels that can:
i. work to strengthen civil society actors, including their ability to develop local flows of financial resources and protect and promote civic space; And
ii. represent civil society voices in international and regional institutions and forums, partner and supplier governments and other stakeholders; And
c.ensure the participation of local civil society actors in decision-making based on equitable relationships with supported strategic alliances, networks, platforms and civil society resource centers in the design, budgeting and implementation of their programs.
5. Explore and share experiences on how best to support a wide range of formal and informal, traditional and new types of civil society actors and actions at regional, national and subnational levels in partner countries or territories, such as social, social economy, trade union and faith-based organizations.
6. Streamline administrative requirements for civil society support to reduce transaction costs for civil society and providers, and incorporate adaptive and flexible processes in managing civil society funding outcomes.
7. Increase transparency and availability of information in partner countries or territories about provider funding to civil society, balancing transparency with potential security and political risks for funded civil society actors in complex contexts.
8. Support and work with civil society actors to promote global citizenship education for inclusive sustainable development and promote the participation of people and civil society in achieving the 2030 Agenda.
9. Work with civil society representatives to uphold DAC and other international standards related to the humanitarian-development-peace nexus, and to end sexual exploitation, abuse and harassment in development cooperation and humanitarian assistance.
10. Continue internal coordination and dialogue between governments, and, where necessary, consultation with relevant institutions in order to:
a) promoting respect for international humanitarian law and the principle of non-discrimination; And
b.removing barriers to supporting civil society working with those in the most vulnerable and marginalized situations that may arise as a result of unintended consequences due to misinterpretation or misapplication of anti-money laundering and counter-terrorist financing standards.
BASE 3:
PROMOTE EFFECTIVENESS, TRANSPARENCY AND ACCOUNTABILITY OF CSOs
IV. RECOMMENDSthat Allies, as providers of development cooperation and humanitarian assistance, promote the effectiveness, transparency and accountability of CSOs and to this end:
1. Encourage and support voluntary efforts by CSOs to build on existing best practices and standards in CSO-led self-regulatory, transparency and accountability mechanisms to increase CSO participation in such mechanisms.
2. Encourage and support CSOs to develop or expand existing internal systems to comply with appropriate human rights standards to prevent and respond to the root causes of discrimination, exploitation, abuse or harassment in their activities and organizations.
3. Work with and support CSOs to mutually strengthen capacity to address CSO vulnerabilities and improve their sustainability, accountability and effectiveness, especially at the partner country or territory level.
4. Support more equitable partnerships between provider country CSOs and/or international CSOs, and the partner country or territory CSOs with which they work, in which the comparative advantages of each type of CSO are duly capitalized.
5. Promote participatory and rights-based approaches to the responsibility and accountability of CSOs and their field activities in program design, implementation and monitoring, while helping to ensure that programs do not exacerbate existing forms of discrimination or equality.
6. Promote CSO leadership and innovation in identifying and adapting new approaches to addressing development and humanitarian challenges, including through partnerships and co-creation with a range of actors.
7. Encourage and support, as appropriate, voluntary initiatives by CSOs to cooperate and coordinate among themselves and with all levels of government in partner countries or territories to avoid duplication and competition, and to strengthen mutual respect, trust and accountability.
8. Require partner CSOs to comply with relevant international standards and comply with relevant legal and regulatory requirements in partner countries or territories in which they operate, as long as such requirements respect human rights and open civic space.
V. INVITES The Secretary General to circulate this DAC Recommendation;
VI. INVITES Adherents to disseminate this DAC Recommendation, especially among their development, humanitarian and peacebuilding agencies and partners, as well as the government;
VII. INVITES non-adherents should consider and comply with this DAC Recommendation;
VIII. CALLS relevant non-governmental partners to disseminate and implement this DAC recommendation;
IX. AGREES, that CEB, in accordance with its program of work and budget:
a. Continue to provide opportunities for Proponents to share policies, best practices and innovative approaches to civil society participation in Proponent cooperation for development and humanitarian assistance through existing forums and processes, in ongoing consultation with civil society actors to support mutual learning and adaptation and development of tools to support the implementation of this DAC Recommendation;
b. Review implementation of this DAC Recommendation, including through the existing DAC peer review mechanism, and support learning from, adaptation and sharing of best practices to ensure understanding and empowerment; And
c.Prepare a report on the implementation of these measures no later than five years after the adoption of this Recommendation by the DAC and at least once every ten years thereafter.