On approval of the Concept of Civil Society Development in the Republic of Kazakhstan
Decree of the President of the Republic of Kazakhstan dated August 27, 2020 No. 390.
In order to implement the Address of the Head of State to the People of Kazakhstan dated September 2, 2019, "Constructive public dialogue is the basis for stability and prosperity of Kazakhstan.":
1. To approve the attached Concept for the Development of Civil Society in the Republic of Kazakhstan.
2. The Government of the Republic of Kazakhstan shall take the measures resulting from this Decree.
3. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
4. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. TOKAEV
Approved by Decree of the President of the Republic of Kazakhstan on August 27, 2020 No. 390
Concepts of Civil society Development in the Republic of Kazakhstan
Content
Introduction
Chapter 1. Analysis of the current situation in the field of civil society development in the Republic of Kazakhstan
Chapter 2. Overview of international experience
Chapter 3. Vision of the development of the civil society sphere
Chapter 4. Expected results of the Concept implementation
Chapter 5. Stages of the Concept implementation
Conclusion
The list of legal acts of the Republic of Kazakhstan, through which the implementation of the Concept is expected
Introduction
The Concept of Civil Society Development in the Republic of Kazakhstan (hereinafter referred to as the Concept) designates the processes of civil self-organization and development of civil society in modern Kazakhstan, as well as defines the main tasks and priorities in the field of interaction between civil society and government authorities.
The Basic Law of the country declares that the people of Kazakhstan recognize themselves as a peaceful civil society endowed with the ideals of freedom, equality and harmony, and the Republic of Kazakhstan is a democratic, secular, legal and social state in which the citizen, his life, rights and freedoms are recognized as the highest values.
The fundamental principles of Kazakhstan's policy are social harmony, political stability, economic development for the benefit of the entire people, political and ideological diversity, patriotism and civic engagement, and solving the most important issues of society and the state as a whole using democratic methods and in accordance with the legislation of the Republic of Kazakhstan.
This Concept has been developed on the basis of the laws of the Republic of Kazakhstan, the Strategic Development Plan of the Republic of Kazakhstan until 2025 and the Development Strategy of the Republic of Kazakhstan until 2050, decrees of the President of the Republic of Kazakhstan, the goals and objectives of which are to preserve political stability, social harmony, the development of civic consciousness, further economic growth of the country, government programs.
Great importance is attached to building a constructive public dialogue as the basis for stability and democratic development of Kazakhstan.
The concept defines measures to create conditions for the development of civil society and its institutions, to involve citizens in discussing and solving key tasks of the state and society, taking into account ongoing socio-political processes, economic competition, pluralism of opinions, and a variety of forms and methods of civic engagement.
Civil society should be based on an equal and constructive partnership with the State and business, being one of the main bases for building a rule-based, democratic, social and "listening" State, while respecting the right to freedom of expression and peaceful assembly, which are proclaimed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Civil society is fully formed and develops only in conditions of democracy, which presupposes:
the increasing importance of the human personality;
the rule of law;
the availability of opportunities and mechanisms for citizens to ensure, respect and protect their rights and freedoms;
economic independence of citizens on the basis of private property;
the variety of forms of self-realization of individuals; constructive interaction of the state with the maximum possible number of citizens and civil society organizations.
The activities of the authorities and civil society are complementary, which implies their cooperation based on common principles of interaction.:
State recognition of economic, political and ideological pluralism in society;
State recognition and protection of human and civil rights as the highest value;
non-interference of the state in the private life of citizens;
respect for the rights of citizens and their associations in matters of setting their goals, as well as managing their activities within the constitutional framework;
the existence of mutual obligations and responsibilities of civil society and the state, activity in favor of public interests requires both citizens' associations and government institutions to be open, responsible and ready to report on their activities and the use of funds spent in its implementation.;
mutual refusal of society and the State from the use of violent and illegal actions;
partnership of citizens' associations and government bodies, which allows for mutually beneficial cooperation and allocation of responsibilities, taking into account state and public interests;
political independence, freedom and support of civil initiative at the expense of budgets and funds of the public sector; restriction of political measures within the framework of the law;
mutual observance of anti-corruption principles, selection by government agencies of cooperation partners from among citizens' associations, as well as their involvement in the provision of public services and delegation of other duties to citizens' associations, which will significantly reduce corruption risks.;
rational and balanced development of the activities of citizens' associations and government agencies with mutual cooperation;
ensuring the fundamental equality and free access of all citizens and their associations to participate in public life by citizens' associations and government bodies;
striving for social, interethnic peace, partnership and harmony
Compliance with these principles does not limit the emergence and adoption of new approaches in the interaction of society and government.
Effective interaction between civil society and the state is possible with sufficiently strong and stable public institutions.
In this regard, there is a need to improve the mechanisms of legal regulation in order to improve the functioning of such institutions and provide them with comprehensive support from the State. The changes and additions made will be based on the following principles of civil society development:
Ensuring the human right to freely form public associations and participate in civil society organizations of one's choice, while respecting the right to freedom of expression, peaceful assembly and association.;
compliance with international legal obligations of any restrictions that may be imposed on civil society organizations in the exercise by citizens of the right to freedom of expression, peaceful assembly and association;
the State's commitment to the principles of legality and fairness in taking administrative measures that contribute to the creation of favorable and safe conditions for the activities of civil society organizations;
non-interference by the State in the activities of civil society organizations, including issues of governance and decision-making (it must be borne in mind that no association of citizens can represent the interests of the entire civil society in relations with government authorities);
creating conditions for institutional support of civil society organizations in the form of strategic investments;
preserving the right of civil society organizations without imposing additional obligations on the free choice of sources of financial support from public, private, foreign and international organizations;
strengthening and expanding the mechanisms of public participation and influence on the activities of government agencies and organizations with state participation;
the development of a variety of forms of public participation in the legislative process and the expansion of influence on the improvement of the country's legal policy.
Based on these fundamental principles, the objectives of this Concept are to create favorable conditions for the development of civil society and to ensure effective ways for citizens to interact with the State in various forms based on an equal partnership.
Chapter 1. Analysis of the current situation in the field of civil society development in the Republic of Kazakhstan
Civil society can be defined as a set of individuals, groups, socio-economic, moral and spiritual, family relations and various social institutions that take into account the interests of individuals and groups, freely and voluntarily creating associations, associations and other unions to meet their own and social needs and interests.
The needs and interests of various social groups and individuals are manifested through the creation of civil society institutions such as political parties and movements, local communities, trade unions, religious associations, creative, public and scientific unions and associations, business organizations, mass media, as well as public associations and non–governmental organizations (hereinafter referred to as NGOs) that provide a wide range of services to the public.
Unlike government structures, civil society is dominated not by vertical, but by horizontal connections – relationships and various forms of coordination, as well as competition between its constituent structures and various groups of people.
The definition of civil society should also include the full provision of the rights, freedoms and legitimate interests of man and citizen, self-government, freely forming public opinion, pluralism, universal awareness while respecting the right of every citizen to access information.
Civil society and the rule of law are united by a number of structural links, without which they cannot successfully interact. The essence of the idea of a rule-of-law state, laid down in the Constitution of the Republic of Kazakhstan, involves interaction between civil society and the state, reducing the state's monopoly on power with a change in the ratio of freedoms of the state and society simultaneously in favor of the latter and the individual.
Civil society as a basic social unit consists of citizens, the upbringing of each of whom presupposes its inclusion in the system of values of democracy. This system is the basis of civil society as a whole set of social relations.
Civic engagement is an important component of the democratic structure of society. Government agencies support citizens' social activity by creating a favorable legal environment, constantly informing the public about their activities, and involving citizens and various public associations in planning and implementing decisions.
Citizens' associations are a kind of channels for representing different opinions and interests in society, through which citizens receive information and express their opinions about decisions made. If political decision makers engage in dialogue with the public and take into account the proposals made during the public discussion process, the degree of public confidence in government institutions will eventually increase significantly.
The Concept of Civil Society Development in the Republic of Kazakhstan for 2006-2011, approved by Decree of the President of the Republic of Kazakhstan dated July 25, 2006 No. 154, reflects the formation of civil society in the country and is the basis for the improvement, further development and adoption of legislative and other legal acts aimed at creating favorable conditions for the further Development of civil society institutions.
The main indicator of the implementation of the Concept of Civil Society Development in the Republic of Kazakhstan for 2006-2011 was the introduction of a state social order system, which led to an increase in this indicator in total terms from 574.8 million to 20 billion tenge with subsequent upward dynamics, which was facilitated by the transfer of government functions to a competitive environment.
The concept of legal policy of the Republic of Kazakhstan, adopted for the period from 2010 to 2020, has contributed to the improvement of legal ideology, law (legislation), legal practice and the strengthening of Kazakhstan's state sovereignty in legal terms as a democratic, legal, secular and social state.
The strategy "Kazakhstan-2050: a new political course for an established state" and the National Plan “100 Concrete steps” also highlighted the urgency of the “reset” of the non-governmental sector, identified the need to form new approaches and platforms for working with civil society institutions.
The amendments introduced into the legislation of the Republic of Kazakhstan on state social order made it possible to introduce the sectoral principle and expand the participation of relevant government agencies in the implementation of joint social projects with NGOs.
The concept of the development of local self-government in the Republic of Kazakhstan until 2020 has influenced the civic activity of Kazakhstanis, increased their interest and willingness to participate in solving issues of local importance.
The Law of the Republic of Kazakhstan ”on trade unions" has given a new impetus to the development of social dialogue and partnership in society.
The vector of further development of the non-governmental sector was outlined by the National Plan for the Development of Cooperation between Non-governmental Organizations and States in the Republic of Kazakhstan for 2016-2020, approved by Decree of the Prime Minister of the Republic of Kazakhstan dated December 28, 2018 No. 159-R.
The Law of the Republic of Kazakhstan ”on public councils" and a package of related laws on public service, anti-corruption, access to information, personal data and their protection legislatively consolidated the establishment of the institution of public councils and provided effective feedback from government agencies with civil society institutions and the public.
The introduction of new forms of NGO financing in the form of grants and awards resulted from the recognition of the non-governmental sector as one of the active institutions of civil society in solving social problems, which contributed to an increase in the number of citizens employed in the civil sector.
To ensure transparency and independence of the grant allocation procedure, in accordance with the Resolution of the Government of the Republic of Kazakhstan dated December 31, 2015 No. 1192 "On certain issues of grant financing of non-governmental organizations", the non-profit joint-stock company Center for Support of Civil Initiatives was established, which is the operator in the field of grant financing.
In order to improve the system of state social order in 2018, the procedure for forming a state social order was legally regulated and standards were developed. For the first time, the evaluation of the results of NGO projects at the expense of government funding has been introduced.
The laws of the Republic of Kazakhstan ”on volunteerism“, ”on charity“, ”on self-regulation" were adopted, which contributed to the formation of a new system of relations between the state and civil society.
At the VIII Civil Society Forum, solutions were developed to improve the mechanisms for the development of civil society.
In the Message of the President of the country to the People of Kazakhstan dated September 2, 2019, “Constructive public dialogue is the basis for stability and prosperity of Kazakhstan”, the need to introduce the concept of a “listening state”, a model of prompt and effective response to constructive requests from citizens to form feedback between citizens and government agencies, was noted. The idea of a ”hearing state" involves raising the threshold of sensitivity of the state apparatus to the demands of the population, developing the best technologies and practices for communication between government and society.
Kazakhstan is a party to more than 200 international conventions and multilateral agreements. Currently, the country has introduced the institution of independent monitoring in relation to several conventions, in particular. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which Kazakhstan acceded on June 29, 1998. The participation of civil society in the independent monitoring of such agreements (conventions) is an effective tool for the development of civic awareness and supports the State in effective compliance with the Convention at the national level.
The Republic of Kazakhstan supported the 2030 Agenda for Sustainable Development and presented the first Voluntary National Review on the implementation of this Agenda at the High-level Political Forum on Sustainable Development in New York in July 2019.
Key civil society partners participate in national working groups and interstate negotiations under the auspices of the United Nations (hereinafter referred to as the UN).
One of the instruments of joint work of government agencies and representatives of civil society has become the National Council of Public Trust (hereinafter - NCB), an advisory body under the President of the Republic of Kazakhstan. The NSOD is one of the sources of ideas for socio-political modernization and the further development of multiparty system, political competition and pluralism of opinions in the country.
Currently, 6 political parties, 22,763 NGOs of various types, 3,738 religious associations representing 18 denominations, 3,494 media outlets of various forms of ownership, 234 public councils, 3 large republican trade union associations, which include 36 sectoral and 19 territorial organizations, are officially registered and operate in Kazakhstan.
During the period from 2011 to 2019, the following results were achieved:
1) the quantitative growth of NGOs has been ensured, and the range of their activities in the implementation of social policy has expanded;
2) The V, VI, VII and VIII civil society forums were held, which became drivers for the implementation of consistent and concrete measures to strengthen the role of NGOs in society;
3) forms of public control have been introduced through local public councils;
4) A multiparty Parliament is functioning;
5) the mechanisms of citizens' participation in the decision-making process in the field of public administration have been expanded;
6) the legal foundations for the formation of an "open and accountable government" have been laid and implemented.
At the same time, a number of problematic issues have emerged in the society.
In order to ensure its entry into the top 30 most developed countries in the world, the Government of the Republic of Kazakhstan has announced that the role and share of the state in the economy will gradually decrease. Today, together with the quasi-public sector, the state's share in the economy reaches 60-80%.
Taking into account this trend in the economy, the role of civil society institutions in increasing and strengthening the activity of Kazakhstanis, providing and using public influence tools to solve emerging problems is increasing. Unfortunately, at present, civil society institutions are still weak and do not fully reflect public interests and demands. In this regard, there is a need to expand the activities and strengthen the role of civil society institutions.
Among other problems, it should be noted:
non-compliance with the legislation of the Republic of Kazakhstan regulating the activities of civil society institutions;
failure of the system to account for the contribution of the non-governmental sector to the economic and social development of the country;
low involvement of the population in the development of the volunteer movement and the activities of the non-governmental sector;
low level of public confidence in civil society institutions;
insufficient work of government agencies to involve civil society institutions in solving problems;
dependence of NGOs on government funding, lack of diversification of sources of funds;
high competition between third sector organizations for access to public financing;
poor coordination between the demands of the population and the targeted allocation of funds;
personnel shortage in non-governmental sector organizations;
insufficiently developed institute of charity;
low degree of transparency of the third sector; insufficiently developed partnership between civil society actors;
the weak representation of Kazakhstani civil society institutions on international platforms.
At the same time, it should be emphasized that recently there has been a paradigm shift in socio-economic development in the context of the fourth industrial revolution. However, the global mainstream is a bet on human capital. It is man with his needs, simple life expectations, dreams, practices, and actions that make up the bulk of the inclusive economic development of the state as a whole.
The Strategic Development Plan of the Republic of Kazakhstan until 2025 (hereinafter referred to as the Strategic Plan), approved by Decree of the President of the Republic of Kazakhstan dated February 15, 2018 No. 636, states that the development of the latest skills and abilities of people is a critically important task for the further advancement of Kazakhstan and entry into the "thirty" developed countries of the world.
In such conditions, civil society will be rebuilt, constantly introducing and using new technologies, and citizens will receive new competencies.
Traditional civil society institutions are adapting to the new conditions, when an alternative arises in the form of small initiative groups and even individuals who form trends, the so-called trendsetters (opinion leaders), who can influence and mobilize significant masses of people, bypassing the need to go through formal coordination and approval procedures.
Therefore, traditional institutions have difficulties in organizing adequate feedback from the public, which is necessary for making effective and operational decisions. It should be noted that this is a global trend that requires improvement of practices, mechanisms and legislation aimed at ensuring transparency and removing barriers for the population in resolving life situations. It requires the systematic work of civil society institutions with trendsetters and the availability of appropriate tools to identify them within different target audiences. Many political scientists note that the emergence and functioning of a full-fledged civil society requires the economic independence of citizens based on private property and the results of existing socio-economic reforms. Kazakhstan needs to further strengthen and expand the socio-economic base for the formation of a genuine civil society. A strong middle class, active youth in socio-political life, support for small initiative groups, trendsetters (leaders of various opinions), social activity of volunteers and caring citizens make it possible to overcome some “stability of stagnation” in public life and will become a kind of guarantor of the emergence of a real civil society in Kazakhstan.
Based on global trends, this Concept provides for the development of a system of public participation in the development and implementation of government programs and initiatives, assistance in improving the socio-economic policy of the state, strengthening the system of partnership between the state, business and civil society, increasing the sustainability of civil society, as well as its further political transformation and modernization.
Chapter 2. Overview of international experience
The analysis of international experience demonstrates the commonality of the features of the concept of civil society, which practically do not differ from the definitions of leading international organizations.
For example. The World Bank uses the term “civil society organizations” to refer to a wide range of non-governmental and non-profit organizations involved in public life, expressing the interests and values of their members or others and guided by ethical, cultural, political, scientific, religious beliefs or philanthropic communities.
The Organization for Economic Cooperation and Development gives a similar definition to civil society organizations: It is "a multitude of associations around which society voluntarily organizes itself and which represent a wide range of interests and connections. They may include community organizations, indigenous peoples' organizations, and non-governmental organizations."
Democratic processes in world practice are becoming stable models of state-building, in which civil society plays a key role.
2.1. Adoption of the social contract
The main criterion for the functioning of civil society in world practice is the adoption of a social contract that establishes partnership between government agencies and civil society institutions to improve the quality of life in society and the state, and to involve the public in actively supporting government agencies in their efforts in politics, economics, law, and culture. This partnership should be characterized by mutual understanding, trust and equal conditions for both partners. To achieve such a partnership and improve the quality of services provided to the public, government agencies should coordinate their actions with civil society.
The need for a systematic understanding and formation of relationships between the government and third sector organizations has been seriously recognized in many countries around the world, as well as major international organizations such as the United Nations and the European Union.
Within the framework of such an enterprise in the United Kingdom of Great Britain and Northern Ireland, general agreements (contracts) have been signed between the non-profit sector and the government, which outline a common understanding of the role and importance of the third sector for a modern democratic society. In the Republic of Estonia, the treaty was adopted by the Parliament as a Concept for the development of Civil Society. In the Republic of Croatia, the agreement took the form of a Cooperation Program between the Government and the non-governmental non-profit sector. In Canada, the reform of relations between the two main sectors is expressed in the form of a document called “Joint Round Tables".
These documents serve as the basis for the transformation of the relationship between the State and the civil sector.
In general, foreign experience in the interaction of citizens and government shows that in addition to the adoption of comprehensive documents (treaties, concepts, cooperation programs, joint round tables, and others), various forms of contacts and cooperation between government and society are used.
For example. The Estonian Civil Society Development Concept provides for the following principles:
1) to develop civic initiative and participatory democracy;
2) to value volunteerism as an important component of being a citizen;
3) to develop in-depth study and observance of economic, social and political rights and duties of citizens;
4) to develop a sense of responsibility of citizens towards their family, fellow citizens, native land, the state and the world as a whole;
5) to be aware of the values and principles underlying cooperation between associations of civil and public authorities, and to distinguish between mutual duties, rights and priorities of activity;
6) to create a favorable environment for the functioning and strengthening of citizens' associations as an indispensable condition for the development of democracy;
7) to develop a system of support for civil initiatives;
8) to disseminate traditional customs of cooperation and knowledge that promote cooperation between government agencies and citizens and their associations;
9) involve citizens and their associations more widely in the process of developing, creating and analyzing political concepts and legal acts and develop the necessary information channels and mechanisms for this.;
10) to recognize and take into account the specific interests and needs of insufficiently represented or insufficiently recognized citizens and their associations in the organization of public life;
11) create an environment conducive to charity and philanthropy, involving the commercial sector.
2.2 Public participation
One example of the successful implementation of the "listening government" model is the Republic of Poland, where the principle of inclusive planning involving the population, socially vulnerable groups and active citizens at the local level has been introduced. Central authorities focus on strategic issues by delegating their functions to a lower level. The public finance management system has been changed: independent budgets have been created and responsibility for financial policy has been introduced at the local government level.
In the United States, the work of the republican government is based on the principles of self-government, according to which the citizens of the country control many political aspects. Self-governing bodies are free from external State control or external political influence.
2.3 Interaction of civil society institutions with the State
In world practice, methods of creating “buffer operators” that communicate freely in a problematic address environment are widely used. These are quasi-governmental organizations created and funded by the Government, accountable to it financially, but independent in their activities.
There are non-governmental executive organizations that implement some of the functions of government agencies. There are executive and administrative NGOs, judicial and advisory councils for monitoring.
There are about 560 such organizations in the UK.
This system was developed in the 1990s and continues to improve. There is a ”system of social impact bonds" (sib - social Impact bonds) designed to solve the social problems of sensitive segments of the population or risk groups.
A government agency issues a bond to pay for specific social services (for example, to reduce drug addiction in adolescents). The service provider attracts an investor and ensures its implementation. Payment on the bond is made in case of successful achievement of the result.
The program is being implemented”The Community of Organizers". Its goal is the formation of self-organization and self-government of local communities. With state funding, the program is implemented by the public organization “locality". In fact, this NGO has been given the authority to conduct regional policy.
The practice of strategic partnership is applied when the state carries out long-term cooperation with the most reputable NGOs. Government funding of strategic partners allows for mass social events, thematic conferences, and necessary research.
In the United States, government operating agencies assign specific powers to non-government-affiliated NGOs and coordinate their activities.
The largest operator of this kind is the Corporation of State and Municipal Services. It consolidates NGOs within the framework of the government's programs “Ameri Corps”, “senior Corps” and “Learn and Serve America".
In Singapore, voluntary welfare organizations act as a tool for delegating the social functions of the state. In total, there are 425 voluntary charitable organizations in Singapore, whose activities are focused on providing social, medical, psychological, pedagogical, labor and legal services. Nursing homes, orphanages, and psychiatric hospitals are under the patronage of voluntary charitable organizations.
2.4. Application of international standards, principles and criteria of civil society development indices
There are civil society associations in the world that use assessment tools and civil society development indexes. The introduction of these mechanisms in Kazakhstan will make it possible to present an effective model of civil society.
At the same time, civil society institutions are guided by certain principles in their activities and strive to prove their commitment to the principles of the Code of Ethics and Conduct for Civil Society Organizations (“the code of Ethics and Conduct for ngos”).
2.5. Current trends in the development of civil society
To date, international experience shows that global trends in the development of civil society represent a number of sustainable trends.
1. At the international level, confidence in civil society institutions is growing and their influence on management decision-making in the public and corporate sectors is increasing. According to the forecast of the World Economic Forum, in the future, the gap between the level of public confidence in government institutions and large corporations and the level of influence of civil society institutions on the consciousness of the population will increase.
2. Civil society institutions are involved in shaping the global Agenda for the period up to 2030 and its implementation. Today, international NGOs with a stable structure actively participate in official consultative processes and multilateral forums such as the G20 and UN sessions.
For example, a separate Policy Forum for Civil Society is held during the annual meetings of the International Monetary Fund and the World Bank Group. It discusses the prospects of the global economy, issues of global financial stability, employment and poverty eradication.
3. The power of a person's personality as a virtual citizen is growing, thanks to the expansion of access to the Internet, social networks and mobile phone technologies. The scale of social media has changed the paradigm of expressing the civic position of an individual or a group of people. Traditional civil society institutions compete with new networked public institutions for the right to have a monopoly on the expression of public opinion.
4. The governments of the countries set tasks not to build a civil society, but to develop social cohesion, which implies the active participation of the population in solving urgent problems of its life, as well as overcoming social isolation and social disintegration (poverty, homelessness, orphanhood, etc.).
5. Big business and blockchain technology can replace some government institutions and have a positive impact on decision-making on complex social issues, while ensuring its transparency and openness.
JPMorgan, a commercial and investment financial company, predicts that the business community will invest up to $1 trillion in social projects over the next decade.
Kazakhstan is moving in the same direction with global trends. There is an understanding in society that the social activity of citizens will increasingly influence the daily lives of people and the state as a whole. Civil society can and should become a vehicle for a new transformation. The Strategic Development Plan of the Republic of Kazakhstan until 2025 contains the following fundamental changes that are gradually entering the life of an individual and the whole country.:
from the "I only care about myself and my inner circle” approach to the ”responsible citizen" who cares about the city and the country;
from selective role models among the younger generation to role models in all spheres of life;
from partial borrowing of foreign culture to awareness of the role and promotion of national culture both in the country and abroad;
from the multiethnic people of Kazakhstan to a strong civil society and a united nation based on civic identity.
Chapter 3. Vision of the development of the civil society sphere
The vision of the development of the civil society sphere is that civil society:
ensures a mutually beneficial dialogue between society and the state;
provides a feedback mechanism for improving the effectiveness of public administration and public oversight;
creates favorable conditions for citizens' participation in decision-making in an environment of accountability and transparency of government activities.
To achieve this vision, it is necessary to solve tasks aimed at developing civic engagement, improving the mechanisms of interaction between the state and civil society institutions, increasing the level of participation of citizens and civil society institutions in the decision-making process, strengthening the capacity of civil society institutions and involving civil society in the implementation of the UN Sustainable Development Goal in Kazakhstan.
The main objectives of the Concept:
creating favorable conditions for the development of civil society and its institutions, including in the socio-political sphere;
support and development of civic engagement;
increasing the level of participation of citizens and civil society institutions in decision-making and public affairs management;
strengthening the capacity of civil society institutions;
involvement of civil society in the process of implementation of the UN Sustainable Development Goals in Kazakhstan.
Task 1. Creating favorable conditions for the development of civil society and its institutions, including in the socio-political sphere
1.1. Improving the legislative and institutional framework for the development of civil society
The following measures will be taken as part of this task::
amendments and additions to the legislation of the Republic of Kazakhstan "on non-profit organizations", including “On public associations”, ensuring the possibility of creating and operating informal organizations, reducing the requirements for registration of public organizations (civil society is a key partner of the state in improving the effectiveness of public administration, and non-profit organizations as institutional forms of Civic Engagement allow to ensure a mutually beneficial Dialogue between society and the state);
taking additional measures aimed at improving the rulemaking procedure aimed at involving civil society in the process of discussing legislative initiatives (the participation of civil society institutions in this process at the stages of drafting concepts, developing and adopting draft legal acts will improve the quality of management decisions and bring citizens closer to the process of improving legislation);
Improving the forms and procedures for the participation of citizens and civil society institutions, including public councils, working groups, advisory structures and other types of feedback in decision-making.
Task 2. Support and development of civic engagement
2.1. Support for civic engagement
In world practice, one of the leading resources for the development of the state is human and social capital, which is based on people, as well as their potential and development opportunities.
As part of this sub-task, it is necessary to create favorable conditions for the development of civic engagement in society through various forms, including volunteerism and charity. In addition, it is necessary to organize large-scale and systematic work to stimulate the development of a multitude of civic initiatives that will affect all spheres of public life and become the foundation for the development of government programs and projects.
The following measures will be taken:
implementation of a set of measures aimed at the systematic development of volunteerism in the country, through ensuring the functioning of effective mechanisms and favorable conditions for the involvement of citizens in the practice of volunteering. To do this, it is necessary to step up the participation of citizens in volunteering, promote their involvement in the practice of providing behavioral good deeds, and continue implementing measures organized within the framework of the Year of the Volunteer to further systematically develop volunteering and strengthen the culture of volunteerism in different age and social groups. To continue the practice of promoting the model of citizen involvement in the development of industry volunteerism, creating specific cases of volunteering in order to increase the attractiveness of volunteer services for the public. To continue implementing measures aimed at expanding international cooperation in the field of volunteerism, including enhancing the participation of Kazakh citizens in UN sessions.;
stimulating charity by taking social and economic measures in relation to organizations, business structures and citizens involved in charitable activities. Carrying out work on the transformation of the culture of charity - from targeted assistance to the allocation of grants. The introduction of incentives for the development and popularization of the culture of charity among the population. Carrying out work on the creation and development of local charitable foundations to support social and civic initiatives.
2.2. Development of civic engagement
This area includes:
expanding opportunities for citizens' self-realization through their participation in formal and informal civic initiatives by creating appropriate legislative regulation and other favorable conditions necessary for the development and implementation of such initiatives.;
creating conditions for the reorientation of citizens from the “I only care about myself and my inner circle” approach to self-awareness as a “responsible citizen” who cares about his place of residence and his country (the ideology of a “responsible citizen” will be aimed at educating citizens responsible taxpayers who will be able to further participate in the control of budget spending at various levels);
the introduction of a system of legal education for citizens, which expands the possibility of their participation in the decision-making process and control over budget spending;
enhancing the role of higher education institutions in the development of civil society and the formation of legal culture by involving technical and vocational education organizations in this work, as well as by increasing the active participation of students in public life;
implementation of inclusive rural/urban planning approaches based on an assessment of the interests and needs of the local community.
Creating conditions for the development of local communities (community centers) as models of civil society organization. Creating conditions for the active involvement of citizens in solving pressing issues on the ground. Increasing the role of NGOs in promoting high standards of quality of life (informing, advising the public, attracting citizens to active participation in public life).
Task 3. Increase the level of participation of citizens and civil society institutions in decision-making and public affairs management
3.1. Creation of a civil control system
Civil society organizations, both formal and informal, occupy a certain place in the public life of Kazakhstan, participating in the processes of managing public affairs, directing their efforts to solve public problems, relieve social tension, inclusive allocation of resources and social assistance, and expand ties with target groups of the country's population.
Authorities, NGOs and other public associations face the task of increasing the role of civil society institutions and strengthening their influence on decision-making and management of public affairs, in general, on solving problems in various socio-economic spheres. political and social life.
A number of changes should be implemented that will create conditions for the development of civil society institutions, radically reconsider the attitude towards using human capital opportunities and increase its role and importance in improving politics, developing the economy, strengthening the legal system, shaping the culture of society and improving governance in the state.
In the context of the above, the following measures will be developed and implemented: strengthening civil control mechanisms, introducing rules for public hearings, introducing a system of civil monitoring and control over the implementation of government programs and projects, increasing the role and participation of civil society representatives in the boards of directors of socially significant quasi-public sector enterprises and in independent monitoring of state obligations, making appropriate changes to legislation of the Republic of Kazakhstan.
1. Strengthening civil control mechanisms through various civil society institutions, as well as public councils. Currently, competitive selection mechanisms for members of public councils have already been introduced, and the issue of organizational support for the activities of public councils has been resolved. Public councils are becoming one of the effective mechanisms for government feedback from the public.
2. Development and strengthening of public hearing institutions through the introduction of public hearing regulations based on international standards and recommendations (for example, those specified in the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters).
The institution of public hearings allows creating conditions for active and inclusive participation of citizens in discussing issues affecting their interests and resolving other pressing issues of concern to the population, including legislative acts concerning the rights, freedoms and legitimate interests of each person.
3. Implementation of a system of civil monitoring and control of the implementation of state programs and projects implemented at the expense of the budget, with broad public participation through such tools as:
1) conducting an anti-corruption examination of draft regulatory legal acts, as well as in order to ensure transparency, the public and the expert community will be involved in the development of draft regulatory legal acts.;
2) conducting public control on an ongoing basis in the form of public monitoring of the activities of government agencies, including the police, and subsequent reports on its results.
4. Increasing the role and participation of civil society representatives in the boards of directors of socially significant quasi-public sector enterprises to ensure transparency in the decision-making process for the management of public assets
5. Ensuring the participation of representatives of civil society in the independent monitoring of State obligations that have been adopted as part of the ratification of international conventions and multilateral agreements.
6. Amendments to the legislation of the Republic of Kazakhstan that establish the rights and obligations to ensure the participation of various civil society institutions in the development of government programs and plans, access to financing and other resources, as well as participation in the reporting process to the public.
3.2. Development of digital mechanisms of interaction with citizens
To solve this problem, it is necessary to take measures to further improve digital mechanisms for the participation of citizens and civil society institutions in the process of making government decisions at various levels.
The following measures will be taken as part of the subtask:
The introduction of new mechanisms for dialogue between society and the authorities through the creation of online public reception rooms in government agencies, through which citizens have the opportunity to ask their questions, make suggestions and comments, as well as receive informed substantive answers from government agencies. The experience of the country's internal affairs bodies in creating public reception rooms in the form of front offices will be replicated.;
creating a service on the e-gov website.kz for the reception, study and approval of public initiatives, through which citizens will be able to put forward various ideas and propose projects for broad discussion, send consolidated requests to government agencies to resolve topical issues (within the framework of open government, everyone will be given the opportunity to vote by electronic digital signature on public initiatives they support);
improving the forms of information provision and dissemination, such as the Open Government portal and social networks. The information provided by government agencies on the Open Government portal will comply with international standards and requirements, provide feedback to the public through automation and updating of data, including public initiatives.;
implementation of a public assessment system for the effectiveness of local executive bodies.
3.3. Transformation of interaction between civil society organizations and other institutions of civil society and the State
As part of this sub-task, civil society organizations will become the main partner of the state in addressing social issues, implementing government projects and programs in terms of analyzing and evaluating their significance and necessity.
The role of the commissioners for interaction with civil society will be strengthened, as well as key performance indicators of the commissioners will be introduced, and the status and functionality of their actions will be normatively defined.
The following measures will be taken as part of the subtask:
improvement of the state social order and grant financing, transfer of state functions to the non-governmental sector, removal of legislative and other restrictive barriers;
taking measures to optimize the mechanisms of interaction between the state and civil society organizations by improving the state social order and grant financing as the main forms of state financing of civil society organizations to meet the real needs of society and address social issues:
1) development of forms and methods of work, as well as procedures for the formation of topics for the distribution of public financing, based on an objective and independent assessment of social problems and needs of society;
2) improving the mechanisms of state grant financing in order to ensure the implementation of initiatives to reduce and find innovative solutions to social problems;
3) the introduction of social technologies that ensure effective partnership between government agencies and civil society in solving the tasks of socio-political and socio-economic development of the country.
Task 4. Strengthening the capacity of civil society institutions
The task provides for measures to improve the tools that ensure the development of the non-governmental sector in Kazakhstan, its professionalization and active participation in the implementation of public policy.
4.1. Professionalization of the non-governmental sector
The following measures will be taken as part of the subtask:
increasing the capacity of the non-governmental sector through the continuous operation of resource centers to support NGOs and other civil society institutions, the development of large network organizations, as well as an effective model of partnership between the state and civil society in Kazakhstan and the Central Asian region;
Creating conditions for increasing the capacity of the non-governmental sector through the continuous operation of resource centers to support NGOs and other civil society institutions (including informal associations and local communities), which should become competence centers for civil society institutions (hereinafter referred to as CSOs). Implementation of key performance indicators (KRIS) for evaluating the performance of data centers. Creation of an IGO training system, institutional and organizational development of NGOs, implementation of a methodology for taking into account the contribution of IGO to the socio-economic development of the country The formation of a register of verified NGOs, the introduction of a rating for the provision of funding to NGOs. Development of mechanisms to create conditions for the material strength of NGOs;
An NGO Academy will be established, which will train civil sector leaders from among socially active and responsible citizens of Kazakhstan who selflessly work for the benefit of Kazakh society.;
creating conditions for the development of large network of public organizations uniting NGOs and other civil society institutions in various sectors, which, as strategic partners of the state, carry out functions for the implementation of socially significant projects.;
Implementation of Kazakhstan's global positioning as a hub for the development of civil society in Central Asia, striving to become a kind of platform for promoting democratic principles, creating a balance between advocacy and service orientation, and developing an effective model of partnership between the state and civil society in Kazakhstan and the Central Asian region.
4.2. Increasing the resilience of civil society institutions
To create conditions for the diversification of sources of financing for civil society institutions by attracting budget funds, individuals and legal entities, international organizations, as well as the development of commercial activities of NGOs.
The following measures will be taken as part of the subtask:
stimulating the development of social entrepreneurship, increasing transparency and efficiency of the system of state financing of social services, strengthening the institution of social impact assessment;
implementation of measures to stimulate the development of social entrepreneurship, including the consolidation of the term “social entrepreneurship”: creation of a register of social entrepreneurs, development of programs to support social entrepreneurs and a mechanism for dialogue between participants in the ecosystem of social entrepreneurship, elaboration of mechanisms for allocating micro-loans and innovative grants to support projects of NGOs and other civil society institutions, creation of conditions for the introduction of innovations in the social sphere, development of a social entrepreneurship development map in Kazakhstan;
Adoption of a law aimed at increasing the transparency and effectiveness of the system of public financing of social services provided by the non-governmental sector;
strengthening the institution of social impact assessment, developing an impact assessment methodology in various areas of social transformation to standardize planning and impact assessment in order to increase the programmatic sustainability of NGO initiatives and other civil society institutions.
Task 5. Involvement of civil society in the process of implementation of the UN Sustainable Development Goals (hereinafter - SDGs) in Kazakhstan
In recent decades, there has been a steady trend of cooperation between civil society institutions in various countries. Its goal is to develop effective mechanisms to respond to the challenges of the time in various areas: security, human rights protection, economic and social development, poverty reduction, environmental protection, education, science, culture, emergency humanitarian and technical assistance, peacemaking.
The 2030 Agenda for Sustainable Development aims to achieve universally applicable new global goals. As part of this task, the involvement of civil society institutions in the process of implementing the UN Sustainable Development Goals will be intensified.:
promoting the promotion of the SDGs at the national level with the participation of all stakeholders;
the application of SDG indicators and their further implementation in order to be used as a tool for planning various social and economic programs and projects;
ensuring the involvement of local executive authorities and civil society organizations in the process of implementing SDG indicators;
creation of working groups and task forces for the implementation of the SDGs, taking into account the interests of different levels of government and local stakeholders, including socially vulnerable groups of the population;
conducting public monitoring of the SDG implementation with the participation of civil society organizations;
preparation of regional reports on SDG areas, which will form the basis for a National Report on the implementation of the SDG Agenda in Kazakhstan;
Review of open government strategies and initiatives based on the principles of transparency, integrity, accountability, and stakeholder participation.
Chapter 4. Expected results of the Concept implementation
The implementation of the Concept will be based on the principles of consistency, consistency and interagency cooperation.
In the process of implementing the Concept, the state performs an active supportive function, coordinates initiatives, and determines the strategic importance of trends.
The results of the implementation of the Concept should be articles:
1) increasing citizen participation in the work of civil society institutions;
2) an increase in the number of citizens employed in civil sector organizations;
3) increasing the level of trust in civil society institutions on the part of various social groups;
4) increasing the proportion of citizens participating in volunteer activities;
5) an increase in the number of active non-governmental organizations and other civil society institutions;
6) increasing the share of civil society institutions with financial and programmatic sustainability, including social enterprises;
7) an increase in the receipt of charitable contributions to NGOs and charitable foundations from citizens and businesses;
8) increasing the level of satisfaction of service recipients with NGO social projects within the framework of the state social order and grant financing;
9) increasing the contribution of non-governmental organizations and participants in volunteer activities to the socio-economic development of the country;
10) implementation of the principles of the “listening state" model in the work of “open government” and authorities at all levels, accessibility of public authorities to citizens and civil society institutions;
11) an increase in the proportion of citizens who positively assess the interaction of civil society institutions and government agencies;
12) improvement of Kazakhstan's performance in international ratings (indexes) of civil society development in the field of civil rights and freedoms, freedom of the media;
13) an increase in the number of regional and global dialogue platforms on the development of civil society held in the Republic of Kazakhstan.
Chapter 5. Stages of the Concept implementation
The implementation of the proposed package of measures for the development of civil society is designed for 2020-2030 and involves two stages:
The first stage is 2020-2025;
The second stage is 2026-2030
At the first stage of the Concept's implementation, measures will be taken to improve the tools of legal regulation and institutional support, contributing to the development of civil society institutions.
Measures will be taken to support and develop civic engagement, including through volunteerism and charity.
The mechanisms of cooperation between government agencies, the business community and civil society institutions will be expanded.
It is planned to take measures to improve the procedures, forms and channels of interaction between the state and civil society in order to increase the effectiveness of management decisions, ensure transparency and accountability of public administration.
Civic initiatives will become the basis for the development of government programs and projects.
Mechanisms for the development of civil society will be strengthened by increasing the role of civil society institutions, including public councils.
A system of public monitoring and control over the implementation of government programs and projects will be introduced.
The institute of public hearings is developing through the introduction of rules of procedure for public hearings based on international standards.
The second stage is 2026-2030
At this stage, the citizens of Kazakhstan will actively participate in the activities of civil society institutions and determine strategic directions in the development of the country together with government agencies.
Civil society institutions:
They will solve social problems through the diversification of sources of financial resources, including through the development of social entrepreneurship based on NGOs.;
They will actively participate in public control at all stages of the implementation of state policy.;
They will be in constant dialogue with the population and reflect their interests through strengthening the institution of social impact assessment.;
They will become an equal partner for the business community, realizing their expert potential and providing high-quality services, including on market terms.
The high level of trust in civil society organizations among the population and the business community allows them to accumulate charitable and sponsorship donations and effectively implement social projects and programs aimed at solving pressing social issues of society.
Effective links will be established between the various institutions of civil society, ensuring partnership and exchange of experience.
Conclusion
The implementation of the Concept will contribute to the further implementation of the basic values and principles of the Constitution of the Republic of Kazakhstan, the ideals of protecting human and civil rights and freedoms in the context of new realities and timely response to global trends in the development of civil society.
The effectiveness of the Concept's implementation depends on constructive interaction, trusting, informed and active participation of all government and non-governmental structures, civil society institutions and every citizen focused on protecting the interests of the individual, society and the state.
The implementation of state policy in the field of civil society will contribute to solving the priorities of the progressive democratic development of the country.
The list of legal acts of the Republic of Kazakhstan, through which the implementation of the Concept is expected
1. The Constitution of the Republic of Kazakhstan.
2. The Civil Code of the Republic of Kazakhstan dated December 27, 1994
3. The Law of the Republic of Kazakhstan dated May 31, 1996 “on public associations".
4. The Law of the Republic of Kazakhstan dated July 23, 1999 “on mass media".
5. The Law of the Republic of Kazakhstan dated January 16, 2001 “on non-profit organizations".
6. The Law of the Republic of Kazakhstan dated July 15, 2002 “on political parties".
7. The Law of the Republic of Kazakhstan dated April 12, 2005 “On State social orders, grants and awards for non-governmental organizations in the Republic of Kazakhstan”.
8. The Law of the Republic of Kazakhstan dated January 28, 2011 “on Mediation”
9. The Law of the Republic of Kazakhstan dated November 2, 2015 “on public councils".
10. The Law of the Republic of Kazakhstan dated November 16, 2015 "on access to information".
11. The Law of the Republic of Kazakhstan dated November 16, 2015 "on charity".
12. The Law of the Republic of Kazakhstan dated December 30, 2016 "on volunteer activities".
13. The Law of the Republic of Kazakhstan dated May 25, 2020 "on the procedure for organizing and holding peaceful assemblies in the Republic of Kazakhstan".
14. Decree of the President of the Republic of Kazakhstan No. 636 dated February 15, 2018 “on approval of the Strategic Development Plan of the Republic of Kazakhstan until 2025 and invalidation of certain decrees of the President of the Republic of Kazakhstan”.
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