Introduction

CEPF’s definition of civil society includes many kinds of NGOs and voluntary organizations, philanthropic institutions, social movements, private businesses, media and professional organizations and cooperatives. These groups may be international, national or local. This broad definition is pragmatic, because most CSOs cannot be neatly classified by type or activity. Conservation NGOs frequently implement community empowerment and development activities in order to achieve their conservation goals. Conversely, NGOs working for community and economic development may align with global environmental movements and ideas. Moreover, both conservation and development CSOs also use advocacy to influence key agendas, such as land and social reform, in pursuit of their objectives. The line between profit and nonprofit is similarly blurred. Private sector companies establish their own nonprofit organizations to conduct Corporate Social Responsibility (CSR) programs, and these NGOs may work on many of the same issues as other CSOs, from charity to micro credit and planting trees to natural disaster relief.

In most countries of the hotspot there are examples of the work of (1) international CSOs that are based outside the hotspot but work within it (e.g., WWF, IUCN), (2) regional CSOs which are based in one hotspot country but also work in other hotspot countries (e.g., Medmaravis, Medasset and Tour du Valat), (3) national CSOs working within their own country, and also (4) local CSOs working on specific sites or within specific regions. There are multiple networks and collaborative relationships within and between these four groups, based on shared objectives, funding or exchange of skills and knowledge, and many initiatives for cross-border cooperation in nature conservation and sustainable development.

CSOs face two main areas of challenges in their work: the external legal and policy environment, which is becoming more difficult in some cases; and their own capacity, including resources and skills.

8.1.1 Legal and policy environment for CSOs in the hotspot¹⁷ Balkans sub-region

The Balkan countries within the hotspot are members of the Council of Europe¹⁸ and thus parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, which secures the right of association.

Civil society organizations in Albania are legally defined in the Civil Code adopted in 1994 and amended in 2001, and CSOs are regulated by laws enacted in 2001 on non-profit organizations and NGOs registration¹⁹. This legal framework allows for a relatively simple process of registration and lays down the functional rules for CSOs. An important development was the creation of the Civil Society Support Agency in 2009. The Agency is a public law entity managed by a supervisory board that distributes grants to NGOs. However, the amount

17 Unless other sources are mentioned, the information comes from the International Center for Not-for-Profit Law (icnl.org)

18 Kosovo is not a member.

19 Law No.8788, date 7.5.2001 on Nonprofit Organizations, as amended in 2008 and Law No. 8789 dated 07.05.2001 on the Registration of Nonprofit Organizations.

of funding is very limited, and there have been allegations that the agency awards grants to organizations which have links to government and or political parties.

Despite this generally positive environment, CSOs report lack of clarity on specific financial issues, such as the tax-exempt status of grants, and difficulties in securing reimbursement of value added tax (VAT), for example in the case of EU funded grants. This causes financial difficulties for CSOs, and has been blamed for a low rate of applications for EU funding from CSOs in Albania.

NGOs in Bosnia and Herzegovina act on the basis of the Law on Associations and Foundations, which regulates the establishment, internal organization, registration, and termination of associations and foundations, as well as other issues of importance for the free and voluntary association of citizens and legal entities. The formation of associations and foundations need at least 3 people.

The Constitution of the Republic of Kosovo, established in 2008, guarantees freedom of association and includes the right of everyone to establish an organization without obtaining any permission, to be or not to be a member of any organization, and to participate in the activities of an organization.

In FYR Macedonia funding for CSOs is distributed by government (between US$3.7-5.4 million per year), based on an annual plan, and includes funding for NGOs working on European integration processes. The government has a strategy and a unit for cooperation with NGOs.

The constitution of Montenegro guarantees civil rights and liberties, including freedom of association. In mid-2011, a new law on non-governmental organizations (number 39/11) was adopted, effective from January 2012. The law is harmonized with international standards (Convention on Human Rights of the Council of Europe and Recommendation CM / Rec (2007) 14 of the Committee of Ministers to member states on the legal status of NGOs in Europe) and the European Court of Human Rights. In addition, the law contributes to the strengthening of good governance and increased transparency in the work of NGOs.

Turkey sub-region

Since 2004, Turkey has improved the environment for CSOs, allowing easier access to foreign funding, partnerships or activities, with the previous repressive oversight by the authorities removed. In the middle of the instability created by disturbances and conflicts in 2015, the government outlined an Action Plan to, among other measures, enhance the civil society environment. It is not yet clear how recent political changes could affect this Action Plan.

Middle East sub-region

All the hotspot countries in the Middle East and North Africa are members of the Arab League (formerly the League of Arab States), though Syria has been suspended since 2011. Since the adoption of the Arab Charter on Human Rights in 2004, recognizing the right of association, and in particular since the 2011 Arab uprisings, CSOs have sought to promote human rights in the Arab region through the Arab League. The League has shown increasing willingness to address critical issues facing the Arab world jointly with civil society, and declared 2016-2026 the Decade of Arab CSOs (ICNL 2013). The charter of the Decade initiative, which was developed in cooperation with the UNDP, explicitly recognizes the role CSOs play in sustainable development, and aims to develop a more favorable environment for Arab CSOs to play that role more effectively.

Jordan’s Law on Societies (2008), amended in 2009, improved the environment for associations and NGOs in comparison to the previous 1966 law. However further amendments were proposed in 2016 which, if enacted, would restrict the legal environment for CSOs, requiring at least 50 founders to establish a CSO, providing the government with broad discretion to dissolve a CSO, imposing new requirements on branch offices of international organizations, and placing new restrictions on the foreign funding of Jordanian CSOs (ICNL 2013a).

Since 2000 Lebanon has established one of the most enabling legal and regulatory environments for civil society in the Arab world, with a focus on improved implementation.

However the lack of a public funding for NGOs makes them vulnerable to becoming dependent on private funders and utilized for political or sectarian purposes (ICNL 2013b).

Palestine has a strong tradition of civil action and a diverse CSO community, with NGOs having a history of providing essential social services. Earlier government attempts to control NGOs were successfully resisted, leading to an NGO law passed in 2000 that was the ‘least restrictive in the middle east’ (ICNL 2013c). However NGOs have been caught up in the political struggles within the Palestinian state, with arbitrary dissolution of NGOs perceived to be supporting rival groups. In 2015 and 2016, there were further efforts to monitor and control the financial affairs of NGOs.

In Syria, security in the present civil war is a major concern for CSOs. In addition, counter- terrorism legislation and onerous reporting requirements are imposed by donors who are fearful of legal problems in their home countries if funds are misused (ICNL 2016). These restrictions have limited the freedom and effectiveness of NGOs.

North Africa sub-region

The Algerian Constitution establishes the right to form associations and mandates the State to encourage a flourishing voluntary movement. However the Law on Associations of 2012 created additional restrictions on the freedom of association, and gives the government broad discretion to refuse to register associations, to suspend an association’s activities or to dissolve it, as well as to place restrictions on the association’s founders. This makes it difficult for associations to receive foreign funds. Despite this legal framework, CSOs in Algeria are participating in some national and international programs aiming to develop CSO capacity and to increase their impact on the ground.

The Constitution in Cabo Verde establishes the basis for the freedom of association and in particular, article 70 encourages the State and the municipalities to collaborate with associations for environment protection, to adopt policies for the protection and conservation of the environment, to ensure the rational utilization of all natural resources, and to stimulate and support those associations.

In Egypt a new law was recently approved (September, 2016) which removes some of the restrictive elements of the previous (2002) Law on Associations and Foundations, but maintains broad government authority over civil society, including the power to reject an organization’s registration, constrain its activities, become involved in its internal governance, and restrict its access to funding, particularly foreign funding (ICNL 2013).

Before the Arab spring, the regulations related to association in Libya were very strict and the activities of CSOs very controlled. Since 2011, the law has become more flexible, allowing

establishment of environmental NGOs with a special mission for conservation. In practice, the security situation is the main issue constraining the activities of civil society organizations.

Recent reforms in Morocco, since King Mohammed VI ascended to the throne in 1999, have included the adoption of a new civil society policy (2003) with regulations that defined the relationship between the State and CSOs, including facilitating their access to public funding.

This has encouraged several Ministries to develop CSO support programs, among them the Ministry of Environment. The launching of the National Initiative for Human Development in 2006 contributed to opening new opportunities for Moroccan CSOs in several fields including environment. The new constitution of 2011 strengthened the role of associations in formulation of strategies and actions plans and in the political, social and environmental life of the country.

As a result, Moroccan civil society has undergone substantial development and is considered a key player in the country’s current development process.

Since 2011, the CSO landscape in Tunisia has completely changed. The new law of 2011 on the organization of associations followed by the adoption of the new constitution in 2014 has strengthened the role and widened the opportunities for CSOs in Tunisia. Article 6 of the Law indicates that it is forbidden for public authorities to hinder or obstruct the activities of associations in a direct or indirect manner, although recent terrorist issues have led to some tightening of restrictions on funding. Several international organization are implementing CSO support programs in Tunisia in collaboration with national authorities.