The participation of NSAs in the programming process is an obligation only for Africa, Caribbean and Pacific (ACP) countries (which are under the responsibility of DG DEV).

For other countries (which are under the responsibility of DG RELEX), non-state actors should be consulted but this is not stated as an obligation in the ALA, MEDA, TACIS and CARDS Financial Assistance Regulations.

Definition of non-state actors
The Cotonou Agreement provides a very broad definition of 'non-state actors' that encompasses, in addition to non-governmental organisations (NGOs), many different categories of actors, including private sector organisations, economic and social actors, as well as a diverse group of actors that fall under the general heading of 'civil society'.

In November 2002, the Commission communication COM(2002)598 “Participation of Non State Actors in EC Development Policy” introduced the term ‘non-state actors’ (NSA) and laid out the approach of the Directorate-General for Development on the participation of those actors in development policy. One year later, the Commission explained the concept in more detail with its ‘Guidelines on principles and best practices for the participation of Non-State Actors in the development dialogues and consultation’.

Participation of NSAs in the programming process
From a legal perspective, the Cotonou Agreement offers a promising framework for the participation of non-state actors. The importance that both the ACP and the EC give to the issue of participation is clearly reflected throughout the text of the Agreement. The Cotonou Agreement provides three entry points for non-state actor participation, based on the three pillars of the ACP-EC co-operation: development co-operation, trade and the political dimensions.

The Cotonou Agreement invites and encourages non-state actors to participate in dialogue with their governments and with the EC on their country's development strategy, and on the contribution the EC will make to support that strategy. In this process, non-state actors are expected to advocate the views of the group they represent. Opportunities for non-state actors to participate in policy processes are a recent phenomenon. They are the outcome of the wave of democratisation that swept across ACP countries in the 1990s.

The participation of non-state actors in the programming process is clearly reflected in the following legal provisions of the Cotonou Agreement:

Article 4: 'Non-state actors shall, where appropriate:

• be informed and involved in consultation on cooperation policies and strategies, on priorities for cooperation especially in areas that concern or directly affect them, and on the political dialogue;
• be provided with financial resources, under the conditions laid down in this Agreement in order to support local development processes;
• be involved in the implementation of cooperation projects and programmes in areas that concern them or where these actors have a comparative advantage;

Article 19: 'Governments and non-state actors in each ACP country shall initiate consultations on country development strategies and community support thereto.'

Article 33: 'Cooperation shall span all areas and sectors of cooperation to foster the emergence of non-state actors and the development of their capacities; and to strengthen structures for information, dialogue and consultation between them and national authorities, including at regional level.'

The General Affairs and External Relations Council, has been increasingly adamant in recalling the necessity to involve non-state actors in the programming process. Accordingly, the 18 March 2003 Council Conclusions on the Common Framework for Country Strategy Papers state that “non-state actors should be consulted more systematically on CSPs and throughout the programming process as part of the discussions on the EC response strategy”.

Problems met by NSAs to participate in the programming process

Source: http://www.bond.org.uk/networker/2003/march03/ecpartic.htm

In September 2002, the European NGO network APRODEV, reviewed forty 'first generation' CSPs. Due to a lack of documentation endemic to CSPs, APRODEV concluded that it is impossible to make a fair and comprehensive assessment of the modalities of civil society participation in EU aid programming in ACP countries. This is not good enough. EU delegations in-country are supposed to take on a facilitative role in mediating between local non-state actors and the government. However, local civil society organisations in most ACP countries felt that consultation mechanisms were not always appropriate and that they were not adequately involved. They have called for better information provision, flexible timetables, greater accountability by local EU delegations and the government, the formation of non-state actors for and greater capacity building for civil society organisations. The problem that emerges from most CSPs is that civil society organisations are merely perceived as beneficiaries and service providers and as such are not allowed to participate on an equal footing in policy dialogue between the EU and beneficiary governments.

The picture painted by the Commission is very different. They argue that non-state actors were involved in the vast majority of CSPs that in some cases consultations with the EU brought improvement to general consultation mechanisms, and that in a significant number of countries the draft CSP was modified as a result of consultation.

As many non-state actors have shown difficulties in understanding how they can participate in the ACP-EU co-operation, the ACP Secretariat, the body representing the interests of ACP countries in Brussels took the initiative to produce a guide for non-state actors, in a joint effort with the services of the European Commission. The European Centre for Development Policy Management (ECDPM), an independent foundation specialising in ACP-EC cooperation, was asked to carry out the technical work.

The User’s Guide for Non State Actors informs civil society organisations, economic and social partners and the private sector from the ACP, on the most important features of the Cotonou Agreement and provides practical guidance on how these actors can participate in ACP-EU co-operation. The focus of this guide is however primarily on civil society organisations.

Source: http://www.ecdpm.org/