Report on results of survey with Government bodies on PCs.pdf

Official Translation

REPORT

On the results of interviews held with the state authorities that have

Public Councils

ECSOFT, 17 January 2020

General information

From December 1, 2019 to January 10, 2020 ECSOFT held interviews with state authorities which have Public Councils. The interviews were held with an aim to determine the needs of state bodies in relation to Public Councils.

The interviews were held individually and by phone; some answers as well as notes were clarified as follow-up when needed. Interviews covered nine out of twelve state bodies from the initial list. The rest of the state bodies (Ministry of Health, Ministry of Ecology and Natural Resources, Ministry of Youth and Sports) were not interested in joining the interview. Interviews were held based on nine questions defined previously on.

The report is compiled based on the interviews held with following state authorities:

1. Agency for Development of Small and Medium-Sized Enterprises (SMEs);

2. The State Committee on Religious Associations of the Republic of Azerbaijan (SCRA);

3. The State Committee of the Republic of Azerbaijan for Affairs of Refugees and IDPs

(SCARI);

4. Ministry of Education (MoE);

5. The State Committee for Family, Women and Children Affairs of Azerbaijan Republic

(SCFWCA);

6. Ministry of Labour and Social Protection of Population (MLSPP);

7. Ministry of Justice (MoJ);

8. State Agency for Public Service and Social Innovations under the President of the

Republic of Azerbaijan (ASAN);

9. State Migration Service (SMS).

Answers

Results of the interviews are structured in accordance with the questions

1. Does the legislation sufficiently describe the duties of Government related to establishment and support of activities of PCs?

SME informed that there is no special need in creating Public Councils in relation to public legal entities.

SCRA: the duties might be expanded in the future.

SCARI: the legislation is acceptable.

MoE: the duties of the state authorities to the PCs are generally defined.

SCFWCA: yes.

MLSPP: yes.

MoJ: yes, but new provisions might be introduced in the future.

ASAN: yes.

SMS: yes.

Outcome: Regarding the legal framework, it is stated that there is no special requirement for the establishment of Public Councils (SMEs) in relation to public law entities, and the responsibilities of state bodies to the PCs are generally defined (Ministry of Education).

It is clear from the responses (at least two state agencies) that there is an expectation of new provisions (requirements) related to the determination of the state bodies' responsibilities in relation to the PCs. The Ministry of Justice's response indicates that these tasks may be expanded.

2. Is the legislation and/or practice of your agency clear about provision of technical support to the work of the PC (room, internet, menu on webpage, administrative support with calling meetings and recording decisions)?

SME said websites have a special menu on the activities of the Public Council, and the necessary equipment for meetings is always provided.

SCRA: there is no difficulty in provision of technical or and other support.

SCARI: PC has not applied for technical support yet.

MoE: PC is provided with a room, phone and e-mail, its Facebook.

SCFWCA: PC is provided with a room and internet, its page is created on the website.

MLSPP: PC is provided with a room, special section for PC is created at the Ministry’s website, meetings are being held with the working groups and the senior officials.

MoJ: special section for PC is created at the Ministry’s website.

ASAN: has a Facebook page, special section at the website, is provided with a room and all the needed equipment during the meetings.

SMS: Has a section at the website, is provided with a room and all the needed equipment during the meetings, information is provided at the website and social network. PC is provided with organizational and other kind of support for its events.w

Outcome: Various technical support is provided for the activities of the Public Council (such as room, internet, website subsection, etc.). However, there is no general approach, and the amount of technical support varies depending on the activity of the specific Public Council and the capabilities of the state body.

3. Are the measures your agency is required to take to prepare an annual report about its work for the public and make it available to the public, clear in the law and/or implementing regulations? What are these measures? Are the rules for such measures in the law or in implementing regulations sufficient, in your opinion?

SME: monthly reports are presented and additional forums are held.

SCRA: reports are in open access on the website.

SCARİ: reports are in public access.

MoE: semi-annual and annual reports are prepared, shared on the website and the annual reports are published in the form of journal.

SCFWCA: board meetings are held open to public and media, reports are presented to the press.

MLSPP: the reports are in public access.

MoJ: held in regard of legislation.

ASAN: the reports are in public access.

SMS: monthly, quarterly, semi-annual and annual reports are published on the website.

The data is put on the Open Government Platform portal.

Outcome: no comments were made to the laws and regulations, the majority of state authorities informed that the data is put on the website.

4. Do you post your reports online? If not, what measures are necessary to post them online? If yes, what are the requirements, which you are aware of, for posting reports online?

SME: planned to post in the future.

SCRA: reports are printed and sent to mass media.

SCARI: annual reports are posted on the website.

MoE: annual reports are posted on the website.

SCFWCA: annual reports are posted on the website.

MLSPP: annual reports are posted on the website.

MoJ: statistical and other information is posted on the website. PC members carry out monitoring, participate at the events, participate at the service recruitment process, are attracted to the work of different structures, give their proposals. All this information is posted in internet.

ASAN: posted on internet.

SMS: monthly, quarterly, semi-final and annual reports are posted on the website. Data are entered in Open Government Platform portal.

Outcome: all the authorities, besides SME, post the reports on their websites.

5. Is there an approved unified structure for the annual reports about your agency’s work (and posted online)?

SME: no common structure.

SCRA: information is gathered, unified and the reports are sent to state authorities and media.

SCARI: there is no unified structure.

MoE: reports are made with the consideration of the work done by departments, statistical information and analysis of the education quality.

SCFWCA: no unified structure.

MLSPP: no unified structure.

MoJ: no unified structure.

ASAN: yes, there is.

SMS: monthly, quarterly, semi-final and annual reports are posted on the website. Data are entered in Open Government Platform portal.

Outcome: unified structure for the reports is only available at ASAN. There is no unified structure in other authorities, however, that does not cause any problems for them.

6. What are your expectations from the PC and its work? How it can help your agency? (policy paper, recommendations to draft decisions/ legislation, recommendations how to improve work, monitoring activities of the agency, study of population’s opinion, other.

SME: defining expectations of the business community is possible, accountability to public is ensured.

SCRA: our expectations from the PC is the realization of their duties.

SCARI: PC should increase meetings with the population (learning problems of refugees, obtaining information on the results of realization of the state policy).

MoE: our expectation is to study public opinion in the field of education, conduct surveys, hearings, ensure protection of human rights, collect suggestions of CSOs, generalize them, prepare recommendations in the field of education and to present them.

SCFWCA: PC to realize their duties in the frames of law.

MLSPP: PC should participate in the process of enlightening population on the work done, as well as provide assistance in obtaining position and proposals of the population.

MoJ: in case of financial security, it would be possible for the PC to work more actively in following areas: to cover all the activities of the judiciary, to protect human rights, to organize legal education, to increase access to information, to broaden the relations with the media and the public.

ASAN: to carry out public control over the organization of electronic services by state bodies, to provide feedback on new e-services and projects.

SMS: to receive proposals on the improvement of the legislation from the PC. At the same time meetings of the PC with migrants, learning their problems, delivering information to the Agency, educating population and etc. may be among expectations.

Outcome: It is generally stated that Public Councils should work on studying public and CSOs' position on specific issues, analyze and report the problems of beneficiaries to the government, prepare proposals for legislation, and implement public oversight in general.

İn order to make this activity more effective, the Ministry of Justice proposed increasing financial resources of the Public Council.

7. What issues do you discuss with the PC?

SME: problems the entrepreneurs are facing, steps to be taken for finding solutions.

SCRA: issues such as consulting with the public, collecting CSOs' proposals, organizing open events, carrying out surveys for obtaining public opinion, etc.

SCARI: consultations are held on many aspects of public policy to address social problems of IDPs.

MoE: increasing transparency, defining problems concerning public. PC proposals are taken into consideration.

SCFWCA: all the issues are consulted.

MLSPP: during draft law submission process it is presented to the PC. PC proposals are taken into consideration. PC members participate in working groups and share their ideas.

MoJ: preparing legislative acts, participating at the Commission meetings on conditional early release and transfer to the penitentiary with softer regime, expanding relations between courts and mass media, educating population on the work of courts, increasing efficiency of advocacy activities, public control and etc.

ASAN: regular discussions are being held on the social benefits of e-services and other projects.

SMS: results of meetings with migrants, proposals for legislation have been discussed.

Outcome: state bodies consult with PCs on many issues, such as: preparing legislative acts, educating population, discussions, surveys and etc.

8. What were the reasons for the PC not to assist you on the matters you requested (if any)?

SME: has never happened.

SCRA: has never happened.

SCARI: has never happened.

MoE: has never happened.

SCFWCA: has never happened.

ƏƏSMN: has never happened.

MLSPP: has never happened.

ASAN: has never happened.

SMS: has never happened.

Outcome: All the authorities have mentioned that they received support from the PCs on all the requests for assistance. This shows that the work of PC is generally satisfactory.

9. What are the obstacles that hinder effective operation of a PC? (Procedure and rules are not clear or do not exist, PC members are not aware of them, PC members are not professional, PC members are not motivated, Gov body is not interested, etc).

SME: there is no general and open regulation in the legislation in relation to public law entities.

SCRA: additional factors that may motivate PC members can be identified.

SCARI: PC activity is efficient.

MoE: there are no serious hindering factors. Members are professionals.

SCFWCA: PC members being represented in more than one PC hinders the work.

Whenever there are different events taking place at the same time some PC members are absent.

MLSPP: PC sets up its work in accordance with its plan and receives all the needed support.

MoJ: presence of financial resources might positively affect a more efficient organization of work.

ASAN: comments and recommendations of the PC are taken into consideration.

SMS: needed conditions are created and support is shown.

Outcome: Factors that impede the effective operation of Public Council are as follows:

there is no uniform and open regulation in the legislation in relation to public legal entities, there is need to increase motivation of PC members, participation in more than one PC impedes participation of the members in case of several events taking place at the same time, limited resources reduce their ability to operate.

Conclusions:

1. There is a need to prepare a template for Public Council’s unified report structure or at least make suggestions about it. This will enable ensuring comprehensive information about activity and outputs of the PC as well as informing the public.

2. It is notable that functional capacities of PCs for making contribution to the activity of a state body are not fully realized.

This is particularly relevant for preparation of policy documents, participation in preparation, adoption and enforcement of decisions, conducting of monitoring, expertise of normative-legal acts, as well as ensuring access to information. It comes clear from the responses that PCs are currently more active in public awareness-raising, public relations and cooperation with CSOs.

3. There are suggestions as to increasing the motivation of PC members. This is an important issue and is a message from the state bodies.

4. State bodies show a serious interest in using full potential of PCs; main priority for them is work with public, awareness-raising, public relations and cooperation with CSOs. From this perspective it is important to bring to their attention and to promote to them that there can be other areas where PC can support them.

5. It is expedient to prepare a Guide on establishing a PC (preparation of relevant normative documents, receiving of applications, organization of elections, etc.), organization of its work, as well as regulation of mutual relations of PC and state bodies. These needs come from the interviews with state bodies. The experience of establishing PC under the Education Ministry once again proved that the state bodies lack relevant knowledge and skills. At the same time, the state bodies shall understand the details so that PC opens its potential and fully uses the opportunities provided by the legislation. Training sessions can help to overcome the gaps in this area.

6. Organization of public discussion and hearings, training on public participation for state bodies and preparing a relevant Guide on this.