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2. Types of non state actors t p u The Cotonou Agreement defines NSA as a broad range of nongovernmental development actors, covering: the private sector, economic and social partners (including unions) and civil society in all of its forms, according to the national characteristics. The definition of Non State Actors (NSAs) The definition of non state actors or civil society cannot be univocal and universal. As established under the Cotonou Agreement, each ACP country can define, according to its national context, which categories of organizations form part of civil society (CS) or, more in general, enter the category of non state actors. Inclusion vs. selectivity Bearing in mind the constraints linked to the variable nature of NSAs and civil society within each ACP country, it is still fundamental that the notion remains firmly grounded in the characteristics and common elements of each individual context. This notion must take into consideration a doublefaceted principle: On the one hand, the inclusive capacity of the civil society (and NSA's) notion, so as to avoid excluding key actors that could be relevant in contributing to development goals; On the other hand, the selective nature of the concept itself. As regards inclusion, the notion must reflect the plethora of organisational structures adopted by non state actors (and, in particular, civil society), where community organizations, often informal, at grass roots level hold the same social and political legitimacy as the platforms, networks and NGOs (women, development, human rights) that can be found at an intermediary level. The notion of “hierarchy” does not exist between the different structural levels. At the same time, however, the concept of non state actors and civil society must also maintain a selective capacity. This allows making a distinction between collective actors of various types that are inspired by social responsibility, and entities that merely represent a few individuals, often operating on behalf of their own interests. According to this approach, non state actors and, in particular, civil society, are made up of the totality of collective actors operating at a local, regional or national level, that are oriented towards social responsibility, in other words, that operate for the social and economic development of the community, often through the production of services or goods of public interest. Private Sector/Civil Society Dialectic The notion of NSA covers several families of actors that are not in any way homogenous, with possible complementary but also very different vocations. The importance of this difference holds a uniquely practical value. In essence, at the level of NIPs, one often refers to the concept of non state actors but, in reality, it is civil society that is, in the majority of cases, perceived as the beneficiary of capacity building and support programmes. Apart from one or two limited experiences, it can be said that the nature and logic of the support to the private sector and to civil society have not truly been compatible within the same capacity building programme if they have been undertaken with the same modalities. If, for example, an organization's democratic life, or its activities in favour of the poorest, are key eligibility criteria for civil society organisations, these do not really hold any true meaning for the private sector. While the private sector is of vital importance to the ends of sustainable development – an importance, moreover, reflected in the EU recent development policies, as well as in the new EC strategy for the African continent – its role is more linked to the economic sphere than to the social development democratisation process underway in the majority of ACP countries, particularly in Sub-Saharan Africa. The different structural levels There is an increasing tendency to identify non state actors as NGOs and, in particular, development NGOs. While their importance have been essential in numerous countries to pursue the goal of democratisation and to increase the legitimacy of multi-party states, there remains a risk that other collective actors, including for instance the non-profit private sector or grass roots movements, may be excluded. As regards the latter, although they often lack formal structure and state recognition, they play a key role in identifying effective solutions for sustainable development and local governance. By contrast, one cannot ignore the reality of umbrella organisations, which often hold an irreplaceable role in lobbying the State, particularly in the elaboration of sector policies. The proposed typology serves to clarify the role and positioning of each non state actor within national society, and to avoid the competition between actors that cannot share the same point of departure. In effect, the values, mission, technical capacities, modus operandi and leadership of a grass roots actor cannot be compared to that of an umbrella organisation of a higher organisational level, even if the two operate in the same sector. The typology is based on four structural levels that are presented in the table below. Each of the four arrows in the left hand column of this table represents one of the four structural levels of non state actors, namely (from top to bottom): umbrella organisations of the fourth level; umbrella organisations of the third level; intermediary organisations providing support/guidance to smaller ones; and grass roots organisation. The small black arrows represent the communication flow and the vertical and horizontal relationships between organisations. Source: Maurizio Floridi and Beatriz Sanz Corella As regards the four structural levels of non state actors, the following table describes their primary characteristics, missions and vocations. The fourth level includes umbrella organisations characterised by a high degree of flexibility and permeability (the structure is almost nonexistent; relations among members are little formalized). They are created to provide a “single front” to face a common external problem, to deal with public authorities etc. The third level is composed of umbrella organisations (in particular networks and federations) established on thematic and/or geographic basis. The resulting organisational form is often seen as a common arena for communication and cooperation between member organisations and as a tool to provide services to members in areas like capacity building, public relations, defending collective interests, lobbying etc. The second level concerns formally established actors, with an advanced level of internal organisations, working to the benefit of the community and/or providing support and guidance to the organisations of the first level. Development NGOs, development think tanks and foundations, socio-professional organisations, human rights associations, unions, etc. belong to this typology. the first level includes grassroots organisations, cooperatives, rural organisations, women’s organisations, youth groups, sport and cultural associations, etc., in both rural and urban environments, established by citizens in order to find solutions to problems in a local context, defend their rights, or improve their living conditions and increase access to social services (health, education etc.). This typology of NSAs allows understanding, from the mapping exercise, the positioning of different actors as well as the problems linked to each level and the solutions to be considered in the framework of NSA support and capacity building programmes. The importance of a diversified strategy in NSA support programmes While the experience of civil society support programmes under the 9th EDF has revealed a number of common features among NSA, it also made evident the need to adopt a diversified strategy, according to the specific characteristics of non-state actors. This strategy should take into account three aspects: differentiation by family of actor, differentiation by structural/organisational level of NSAs, and differentiation as regards of areas for capacity building. Differentiation by family of actors With regard to the three NSA families mentioned in the Cotonou Agreement (article 6), notably civil society, employers/private sector and the unions and economical/social partners, significant differences can be found in each national context. Although the objectives of the three NSAs families are similar, each family can bring, on the basis of its own specialisation, skills, and experience, a specific contribution to the ACP countries' strive in the direction of sustainable development through good governance and enhanced citizenship. In general, civil society includes associations and organisations linked to religious movements, sport groups, cultural associations and the media. The family of social and economic partners includes unions, professional or socio-professional associations, research centres and, in some countries, universities. The civil society family can bring precious experiences to the social and economic parties, in terms of a development-oriented approach, and a focus on the inclusion of marginalised groups. Employers (or the private sector) can, where necessary, offer their experience, expertise, and resources when it comes to design and implement income generating, job creation, and employment programmes. As regards trade unions, their contribution is fundamental to affirm a comprehensive notion of citizenship, to promote social and economic inclusion strategies not merely based on a confrontational logic, and to mobilise the informal sector. So that all NSA families can contribute to their full potential, it is important to allow each actor to play its role in respect of its specific vocation and respective technical skills. Differentiation by organisational level If the vocations and characteristics of the 4 organisational levels of NSAs differ considerably, the analytical tools and support strategies must therefore take into account the present and future role that each level can play in the countries' development. If organisations of the 1st level can ensure social mobilisation and the grass-root nature of interventions, the 2nd level organisations, particularly civil society organisations, can contribute to development with their (sometimes very thorough) skills and competences. When it comes to umbrella organisations of the 3rd level, these can facilitate access to resources by their members, provide information and, above all, build on lessons learned. This level is equally important to ensure a national vision on governance and development issues, as well as lobbying activities at the policy level as well as with regard to the status and operating conditions of their member organisations. Finally, the umbrella organisations of the 4th level have a primary role to play not only in terms of political dialogue on national development strategies, but also in ensuring coordination among the different families of NSAs. Each structural level, therefore, thanks to its specific role and strategic positioning, can bring its own contribution to the efforts of a country when it comes to good governance and the fight against poverty. A differentiated strategy proves therefore necessary to ensure that each level is strengthened in the performance of its role and prerogatives, at the service of the collective interest and of country development. It is also important to recognise the articulation of each NSA family according to the level of organisation, as shown in the table below. As shown by the table, at the first level it is often impossible to distinguish between the civil society family and that of employers/private sector. Also, it is rare to find organisations of the fourth level in the private sector. Differentiation by level of capacity building The capacity building of NSAs should be based on a clear analysis of the beneficiaries: capacity building actions must be tailor-made on the needs of the beneficiary organisation. In this respect, one needs to be aware of the level of intervention: the capacity building of individual organisation differs fundamentally from the institutional support provided to the civil society “sector” . In other words, what is required is a notion of NSA capacity building as a process of guidance and coaching, at the stage of needs assessment as well as in the implementation of capacity building actions. Regarding the first, it is vital to remember that the capacity building needs perceived by an organisation can differ considerably from the real needs. Only an activity that guides the actor through this delicate phase can, therefore, guarantee an efficient analysis and a correct targeting of the actions to be taken. With regard to the second aspect, it is necessary to accompany the actors throughout the capacity development process, maintaining a clear distinction between capacity building at individual, organisational, and institutional level. The importance of a tailor-made approach to capacity building concerns objectives as much as means. An organisation can just need to strengthen certain limited technical skills, for which specific capacity building methodologies can be adopted, or rather require a global intervention -for example through a strategic planning exercise - to review and reinforce its mission. The question of grassroots organisations and emerging actors The resources made available for NSAs by donor organisations tend to privilege the more structured levels of organisations to the detriment of the other actors and, in particular, grassroots organisations (1st level organisations). This applies particularly to the European Union whose financial instruments, notably the EDF, are quite heavy on the procedural side. Yet 1st level organisations are often the more active forces of society, especially at the local level, where the majority of collective actors do not enjoy formal structures nor are officially recognised. It is at this level, in effect, where relevant changes always take place, in terms of social and economic developments, as well as in terms of the promotion of free political expression, human rights, the right to security, the right to education and health, in the management and prevention of conflicts, the fight against impunity and corruption, and in the promotion of the rights of workers and producers. A project or programme which aims to support NSAs cannot ignore the existence of new actors, which represent relevant and emerging social instances, and that tend to act according to their profound sense of social responsibility while they work to provide efficient and innovative solutions to the question of sustainable development. Focusing on these emerging actors requires awareness of who they are and what they do. To ensure that they are eligible within the framework of a capacity building programme, either we ask them to adapt to the rules and procedures, this way changing or even distorting their nature, or else we adapt the procedures to their identities and their characteristics. Every capacity building programme which aims to “structure” informal NSA, or to help them “evolving” towards mature associative forms is doomed to failure. At a concrete level, it is necessary to ensure that the eligibility criteria for access to funding provide these emerging actors the opportunity to participate, and that the types of actions that can be undertaken be kept as broad as possible. In other words, it is necessary for the support programme or project to be based on the demand of actors, rather than being supply-driven. Reference points for further information References within European Commission texts Guidelines on Principles and Good Practices for the Participation of Non-State Actors in the development dialogues and consultations. EC DG development. November 2004; § 3.1.2. Identifying NSA. Capitalisation study on NSA capacity building programmes under the 9th EDF. Service Contract 2008/162532. Final Report. Written by Maurizio Floridi, Beatriz Sanz Corella and Stephano Verdecchia. IBF. June 2009 ; §1. Types of NSAs. Evaluation of EC AID delivery through civil society organisations. Final report. Service Contract for the Evaluation (sectoral and thematic) of European Commission Programmes and Policies in Third Countries, relating to Social and Human Development issues. Contrat number EVA/116-833. Drafted by a consortium composed of PARTICIP, Cideal, Channel Research and South Research. Participation of non state actors in poverty reduction strategies, sector approaches and the monitoring and implementation of policy. Project January 2009. AIDCO/E/4 – European Commission; §2 “Definition of civil society and non state actors” Handbook on promoting good governance in EC development and cooperation. Draft. EC. EuropeAid Cooperation Office. Thematic Network on Good Governance. 2004 On the European Commission and civil society : http://ec.europa.eu/civil_society/index_en.htm On the Palermo process : http://ec.europa.eu/europeaid/who/partners/civil-society/dialogue_en.htm Other references The Cotonou Agreement. Non state actors user manual. Created by ECDPM for the ACP Secretariat. February 2004; §3.4. Who can take part? Ensuring Civil Society Participation in EC Development Assistance Programmes. Janice Giffen with Moussa Ba, Ann Chaplin, Halima Noor and Mandkini Pant. Intrac & BOND. January 2004