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How to Involve Civil Society in the OGP Initiative: Lessons from Ukraine

In Ukraine and throughout the nearby region, “facade democracy,” in which laws and governance appear to support and conform to universal democratic standards and reforms appear to take place yet repeatedly result in no real reform or change, is a common phenomenon. This was the political background in Ukraine when Ukraine joined the OGP initiative and committed to developing a quality national action plan. However, the Ukrainian delegation came to Brasilia? with a national plan that received broad support from both civil society and the government, and more than 80 percent of which is based on the suggestions of civic experts.  In the process of developing the national plan, Ukrainian civil society has learned several lessons, which may be useful to many of the OGP’s members.

Our first takeaway was the importance of compliance not only with the letter but the spirit of the OGP initiative. In Ukraine, every local and national government body also contains a civil council, and there are more than 600 of these councils in the country. Unfortunately, these councils are usually not very efficient and have limited expertise. When the Ukrainian government decided to hold national consultations on the OGP plan – to fulfill the requirement for civil society input – by means of these civic councils and scheduled the meetings for right around Christmas, we realized that the government wanted to conduct pseudo-consultations and avoid any serious critique. All of the 400 suggestions to the draft government plan from the civic councils were of a very general character, which allowed officials to choose the wordings that were most convenient for them. Based on these wordings, they would be able to develop a plan that would be both too general and at the same time favorable for the officials themselves. This action was opposed by a coalition of more than 60 active NGOs, which I headed and was supported by the Soros Foundation in Ukraine. We did everything possible to make the Ukrainian OGP plancomply with the spirit and standards of the OGP initiative.

This is where we learned our second lesson, about using the levers offered by the OGP as an international initiative. In the beginning of our negotiations with the government, we reminded ourselves of two mules facing each other on a bridge: simply unwilling to budge. The Ukrainian civic community could not support a draft national plan that did not reflect the real needs of the Ukrainian state, while the authorities did not want to take the civic community seriously, opining that it is always unsatisfied with something. Neither open letters to the President and Prime Minister signed by prominent civic activists, nor statements from international organizations on the necessity of open dialogue had an impact.  However, civil society can provide an alternative report on the development of the national action plan, and this report can greatly influence the final decision regarding the country’s plan. We made use of this. Our civic coalition, from a joint effort of the best Ukrainian experts developed an alternative national plan, which fully corresponds with the OGP requirements and began working to promote it. I will not get into details of all the difficulties of the four month-long advocacy campaign, but just note that the stronger the flame of public anger became, the faster the government revised its version of the national plan. The result is the current document signed by the Prime Minister of Ukraine, some 80 percent of which is comprised of the suggestions of our coalition.

Lastly, we found that developing a partnership with the government and providing useful resources made cooperation a win-win scenario. Establishing and maintaining an effective partnership with the government of Ukraine has always been important to us, and we kept the government informed about our work and did our best to assist with the implementation of the OGP initiative. Our civic coalition created a webpage, which we regularly updated with the information about our activities within the OGP framework at the national and local levels. We revised the civic version of the national plan three times. We created a network of regional consultants on the OGP initiative, and through the efforts of this network held consultations with more than 500 active organizations. The webpage of our coalition was more popular than the corresponding government resources. Moreover, local authorities learned how to hold consultations with citizens from members of the coalition.

How did this help? In February of this past year, Ukrainian police shut down Ukraine’s most popular internet portal for music and movies for violating copyright laws. In retaliation, citizens launched attacks on government and police webpages over the course of a week, which disabled a number of sites, including the government webpage that served as the platform for discussing the draft national plan for the OGP. During this time, the civic coalition webpage served as the only accessible source of information on the OGP initiative. Moreover, when the government found itself running out of time to develop an action plan, it took the model produced by the civic coalition and used it as a basis. The present high-quality draft national plan was actually developed in only two weeks. It was adopted at a national round table moderated by the Prime Minister of Ukraine, which included the participation of around 150 prominent civic activists from throughout the country. The working group, which developed the draft national plan and was composed of representatives of both the government and the civic coalition, received the status of a permanent working group and will be responsible for the implementation of OGP initiative in Ukraine.

Our experiences working to develop Ukraine’s National Plan for the OGP, ultimately in cooperation with the government, demonstrate the benefits that such work can have for both parties. The government benefits substantively and financially from the work of civic experts, which is usually free, and boosts its international image and domestic reputation by collaborating with civil society. Civil society is able to make itself heard at the national level, and have direct input on policy. In Ukraine, our focus on openness and partnership as well as consistent advocacy was essential to the creation of our current National Action Plan.

  • http://open4m.org/ Wayne Moses Burke

    Oleksii,

    Kudos for a job well done, and for sharing your experiences with the broader community. You make it sound so easy. Was it actually this way, or was it a very difficult job with lots of concern on both sides?

    I’m curious why you think the government changed from their plan to becoming open and accepting of your proposed plan and eventually coming to today’s situation of what sounds like open collaboration?

    • Halyna

      Dear Wayne,

      We are sorry that it takes us so long to reply on your comment. You are absolutely right especially from the beginning the process of communication with the government was full of different concerns, misunderstandings, postpones and pitfalls. However, closer to the OGP Annual Meeting the understanding that something with the OGP National Plan should be done deepened. We had closer vision of the goal how to make a quality OGP Action Plan. Meanwhile, many efforts were paid by our partners and us to persuade officials to follow their commitments and to define responsible for the OGP in Ukraine.
      Finally, after numerous negotiations with the government, Ukrainian media, international community pressure and after involvement of the Presidential Administration of Ukraine into the process, the Vice Prime Minister Valeriy Khoroshkovskyi and Vorodymyr Semynozhenko, Director of the Agency of Science, Innovation and Information of Ukraine, have been appointed to be in charge of the initiative. Therefore, our dialogue with the government activated at once and starts to flow in rather constructive way.
      I would like to take an opportunity and brief you shortly on our recent updates. On May 7th, the government and civil society representatives met regarding the implementation of the Open Government Partnership implementation in Ukraine. It was the first meeting after the Annual Open Government Partnership Meeting took place in mid – April in Brasilia. Participants included Volodymyr Semynozhenko and four of his colleagues from the Agency for Science, Innovation and Information; OlesyaArkhypska from the National Center of E-government; Oleksii Orlovskyy from the Renaissance Foundation (Soros Foundation); Oleksandr Zhugay from the Main Department of Constitutional Modernization from Presidential Administration of Ukraine; and Oleksii Khmara from the Civil Partnership to support the Open Government Partnership in Ukraine – President of TORO Creative Union (Transparency International – National Contact in Ukraine). Right now the Civic Partnership to support OGP in Ukraine experts are working together with Mr Semynozhenko’s team over the Implementation Plan in the framework of Ukrainian OGP National Plan. From the effectiveness of these actions the further success of the OGP in Ukraine depends.
      In mid-June, the national site on the OGP initiative will launch, and will contain consolidated information about the OGP initiative, plans, contact information, news and recommendations.
      Moreover, the establishment the Coordination Council on the implementation of the OGP in Ukraine is currently under the discussion. Civil society will also nominate representatives to these working groups. In addition, there is a government intention to develop a plan for media promotion of the Open Government Partnership in Ukraine.
      please let us know if you have any other questions about the OGP implementation progress in Ukraine, we will be happy to reply.

      Best regards,
      OGP Civic Partnership in Ukraine team