The changes in the field of NGOs will not differ from those that have been made so far

Question: The issue of concessions in the field of NGOs is again on the agenda. Recently, the authorities, through representatives of the state and civil society, have repeatedly sent messages to the public about upcoming changes in this area. Do you believe that in the near future some positive changes will take place in the field of NGOs?

Answer: I believe that the growth in the number of such messages indicates that there are some intentions. This inspires some optimism,  but what will be the nature of the relaxation? After the restrictive measures adopted in 2013-2014, there were the same messages, but in the end, we witnessed changes that are manipulative in nature. Since the changes were not aimed at fundamentally solving existing problems, their effect was not so tangible. The fundamental problems of the NGO sector have not been resolved to this day and a conceptual approach is required to solve them. It is impossible to solve the existing problems with episodic and technical changes. Unfortunately, the softening of the legislation on NGOs that took place in recent years was just that. Although I do not have exact data on the essence of the expected changes, I am convinced that they will not differ much from those that have been introduced so far, and I do not expect that the main problems will be resolved.

Question: From time to time, this issue is brought up on the agenda. For what purpose do you think the authorities are now sending these messages? Is the government ready to take these steps under the current conditions?

Answer: Oddly enough, reports on the softening of measures in the field of NGOs began to arrive even before the end of 2015, when there was a significant deterioration in the situation. At different times, certain clarifications have been made and they continue. I think the reason for this lies in the authorities' clear understanding of the seriousness of this problem.

The inconsistency of our legislation with international standards and international pressure on the government in various forms create the need for such messages. The growth in the number of such messages now can be explained by the fact that the state has taken certain obligations and the implementation of institutional changes in this direction. So, according to the "National Action Plan to Promote Open Government for 2020-2022", in 2020-2021, it is envisaged to improve legislation related to one of the most serious problems of civil society - registration of NGOs and grant agreements.

At the same time, high expectations from the activities of the recently created Agency for State Support of Established NGOs make certain changes necessary in order to form its positive image. I would very much like these changes to take place. However, the changes provided for in the NAP (National Action Plan) do not relate to the essence of the proposed changes and are limited to changes of a technical nature, which does not give grounds for optimism. The fact that the authorities are still so cautious about the third sector and the lack of sufficient political will remains the main obstacle to its development.

Question: What changes in the legislation on NGOs should be introduced in the first place for civil society to function normally?

Answer: The scale of the problem is extremely broad. Regular changes in legislation since 2009, which are of a regressive nature and administrative pressure, have led this sector to complete paralysis. The unfavorable environment and constant pressure led to the fact that a significant number of professional organizations were forced to cease their activities, and many active and capable representatives of NGOs were forced to leave the country for various reasons. The great majority of those who remained in the country either lost their jobs or were forced to act illegally. It is not so difficult to predict that with such a development of events, NGOs will become even more weakened in all respects.

To overcome apathy and create a legitimate business environment, it is necessary to take comprehensive measures, but now this sector can be revitalized - firstly, the registration of NGOs, secondly, the removal of restrictions on access to foreign funding and, thirdly, from the registration of grant contracts. ...

Question: What do you propose for the normal functioning of civil society and for a radical solution of problems?

Answer: Since the concept of civil society is much broader than the concept of NGOs, I would like to approach the issue in a broader context. Since civil society is an integral part of the country's political system, its development also depends on the development of the political system. The existence of a strong civil society against the background of the weakness of other democratic institutions is possible in some cases. Without a strong civil society, the formation of a perfect and democratic political system is impossible. Since parliament is one of the main institutions capable of changing and developing the political system, civil society must mobilize and achieve democratic parliamentary elections. The existence of a legitimate parliament based on the will of the people is one of the main conditions in solving the problems of not only civil society, but also other problems facing the country. Until we realize this truth and achieve true democracy, our problems will not be solved or their solution will remain incomplete.

Kamran Mahmudov