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NGO Self-Regulation

Copyright ICNL 2006 All Rights Reserved. Rationale for Self-Regulation. To strengthen the capacity of those regulated To enhance the accountability of those regulated / to deter abuseTo improve credibility with donors and the general publicTo pre-empt government interventionTo strengthen NGO coalition building.

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NGO Self-Regulation

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    1. NGO Self-Regulation David Moore International Center for Not-for-Profit Law (ICNL)

    2. Copyright ICNL 2006 All Rights Reserved Rationale for Self-Regulation To strengthen the capacity of those regulated To enhance the accountability of those regulated / to deter abuse To improve credibility with donors and the general public To pre-empt government intervention To strengthen NGO coalition building

    3. Copyright ICNL 2006 All Rights Reserved Forms of Self-Regulation Voluntary Codes of Conduct Based on voluntary coming together of organizations to agree on standards governing conduct Accreditation and Certification Programs Independent third party measures compliance against established set of norms Watchdog or Ratings Agencies Measure performance of other organizations without participation of rated organizations Information Agencies Provide information to users without any rating or interpretation

    4. Copyright ICNL 2006 All Rights Reserved Presentation Overview Focus on 2 types of self-regulation 1) Codes of Conduct 2) Accreditation and Certification Mechanisms Standards contained in codes and certification schemes Enforcement mechanisms

    5. Copyright ICNL 2006 All Rights Reserved Code of Conduct: Types Based on shared values of member organizations (1) Declarative: General declaration of will of members to apply certain principles (2) Guidelines: Suggest or recommend behavior (“you should”) (3) Standards: Concrete, clear, measurable provisions (“you must”)

    6. Copyright ICNL 2006 All Rights Reserved Code of Conduct: Content Mission Program Evaluation Quality Management Internal Governance / Conflict of Interest Organizational Integrity Human Resources Financial Accountability / Legal Compliance Openness and Disclosure Fundraising (Grant-maker Guidelines)

    7. Copyright ICNL 2006 All Rights Reserved Examples of Codes of Conduct Code of Conduct re NGOs in general Bulgaria, Macedonia, Poland, Spain European Foundation Center Handbook on Good Governance in CEE Code of Conduct re fundraising practices Code of Conduct re development orgs Government regulated code of conduct: Kenya, Gambia

    8. Copyright ICNL 2006 All Rights Reserved Certification Programs: Comparative Overview Certification with Govt Recognition Australia: AusAid Accreditation Scheme PI: Philippine Council on NGO Certification Pakistan: Centre for Philanthropy NPO Certification Program Self-Certification Programs Canada, Lesotho, Macedonia, Spain Certification of Fundraising Organizations France, Germany, India

    9. Copyright ICNL 2006 All Rights Reserved A&C Programs: Target Audience Most significant factor influencing standards set and evaluation mechanism Institutional Donors Social impact, community involvement, anti-terrorism Members of the Donating Public Truth in solicitations, percent of funds spent on fundraising Not-for-profit Organizations themselves Values, integrity, accountability, performance

    10. Copyright ICNL 2006 All Rights Reserved Standards / Evaluative Criteria Mission Program Quality Management Governing Body Conflict of Interest Organizational Integrity

    11. Copyright ICNL 2006 All Rights Reserved Standards / Evaluative Criteria Human Resources Financial and Legal Openness Fundraising Public Affairs and Public Policy Infrastructure

    12. Copyright ICNL 2006 All Rights Reserved Enforcement: Available Certification Mechanisms Self-Certification Peer Certification or Peer Review Review by Rating Organization Accreditation Award

    13. Copyright ICNL 2006 All Rights Reserved Process of Developing Standards Inclusive panel to survey donors Vetting of standards through membership, board, donors Inviting public comment on standards Task forces on specific issues Pilot testing of standards Periodic revision

    14. Copyright ICNL 2006 All Rights Reserved Implications of Standards: Cautionary Notes Can standard-setting stifle innovation? Do standards support better organizations and strengthen them? Are the accrediting organizations (“the gate-keepers”) merely accumulating power? Is there a risk that a single set of standards on the sector could become politicized?

    15. Copyright ICNL 2006 All Rights Reserved Thank You Resource Materials Available: Bibliography of Codes of Conduct Study on Certification Mechanisms Contact Information: david@icnl.org.hu ICNL website: www.icnl.org

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