CS

ICNL P olicy Brief | January 2013

Civil society helps unlock
a country’s most
valuable resource –
its people .

Di scussion Issues
How should an enabling enviro nment for civil society be
integrated into the post -2015 development agenda?
What indicator(s) should be used to measure the enabling
environment for civil society?
How can politi cal will be enhanced to promote an
enabling environment for civil society?
About ICNL
The International Center for Not -for -Profit Law (ICNL) is a
global organization that has helped develop the legal
framework for civil society, public participation, and
philanthropy in over 100 countries. Our partners include
representativ es of civil society, government , the corporate
secto r, and t he international community .
For more information
Please see the accompanying background paper. Please
also v isit us online at www.icnl.org or contact Douglas
Rutzen, ICNL’s President and CEO, at drutzen@icnl.org .

Enabling Civil Society’s
Contributions to Development
●● ●
Civil society organizations (CSOs) are
fundamental to inclusive growth and
sustainable development. Among other
contributions, CSOs help:
 Enhance the inclusion of women,
people with disabilities , and other
vulnerable individuals ;
 identify, aggregate, and mediate
community needs;
 generate innovative solutions;
 mobilize resources;
 enable cross -sectoral partnerships for
development;
 deliver services; and
 enhance accountability for
devel opment results.
To advance these objectives , CSOs
require an enabling legal environment.
The challenge is that the laws of many
countries impede the ability of CSOs to
contribute to development .

In recent years, more than 50 countries have introduced rest rictions on civil society. These constraints
impede the ability of people to work together to promote development and improve their daily lives .

Background
Civil society legal constraints take a variety of forms .
Barriers to the Establishment of CSOs
In some countries, the law limi ts the ability of people to
establ ish civil society organizations (CSOs ) promoting
development and other objectives. For example:
 In one of the poorest countries in Latin America,
virtually no national -level CSO working on
development has been registered by the
government in nearly three years.
 In a Central Asian coun try , 500 citizens are
required to establish a national association
pursuing development or other goals .
 In one of the poorest countries in Africa, citizens
must accumulate the equivalent of $1 million to
establish a CSO engaging in relief or
rehabilitation, including the provision of food or
medicine. International CSOs must have the
equivalent of $2 million for in-country activities .
Restrictions on Development Activities
 In a Latin American country, a CSO was prevented
from carrying out an HIV/AIDS prevention
program because the activities were deemed
“immoral.” In other countries, leaders of HIV/AIDS
organ izations have been imprisoned or killed.
 Some countries impose bureaucratic burdens on
CSOs operating in areas where development is
needed most. For example, one country requires
seven days’ notice for a CSO to make contact
with people in rural parts of the country.
 Around the world , CSOs are legally precluded
from providing public health services, including
maternal health and child health services.
Restrictions on Resources and Global Partnerships
A number of countries impose constraints on cross –
border funding and global partnerships for development.
Amon g other issue s, these constraints impede a “whole of
society ” approach to development and limit the ability of

CSO s to serve as “development actors in their own right”
as recognized in the Accra Agenda for Action.
 A government in the Middle East rejected the
registr ation of a foreign CSO working with local
orphanages to promote education and break the
cycle of poverty , asserting that these activities
were in “conflict with state sovereignty.”
 In a country in Africa, CSOs advancing various
objectives, including human rights, children ’s
rights, disability rights, and gender equality, are
prohi bited from receiving more than 10 percent
of their funding from foreign sources.
 Another country bars funding f rom the United
Nations, and in scores of countries governments
have blocked or stigmatized the receipt of
international funding by CSOs.
 Some countries burden the outflow of resources.
For example , a country in North America enacted
counter -terro rism measures that impede
peace building, cross -border philanthropy, and
other activities important for development.
Recommendations
The following actions should be taken to help ensure that
the legal framework enables civil society’s contributions
to development :
1. The post -2015 development agenda should
include a target and indicator(s) to promote an
enabling environment for civi l society.

2. The target and indicator(s) should be linked to an
analogue to MDG 8 focusing on partnerships for
development or to a new goal , such as good
governance, human rights, or the enabling
environ me nt for development writ large .

3. A core group of countries and other stak eholders
should assume leadership for ensuring that the
enabling environment for civil society is a priorit y
in the post -2015 development agenda.