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Opinion of the European Economic and Social Committee on the Situation of civil society in the Western Balkans

(2006/C 195/23)

By letter dated 14 June 2005, Ms Margot Wallström, Vice-President of the European Commission, asked the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, to draw up an opinion on the Situation of civil society in the Western Balkans.

The Section for External Relations, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 27 March 2006. The rapporteur was Mr Dimitriadis.

At its 427th plenary session, held on 17-18 May 2006 (meeting of 17 May), the European Economic and Social Committee adopted the following opinion by 95 votes, nem. con. with one abstention.

The following opinion is in line with Article 9 of the Protocol of Cooperation between the Commission and the European Economic and Social Committee and meets the request of European Commission Vice-President Ms Margot Wallström for an opinion on the situation of civil society in the Western Balkans as a contribution to its strategic deliberations under the Stabilisation and Association Process (SAP).

The purpose of the present opinion is to:

1.   Summary

1.1   The EESC's comments

1.2   The role and responsibilities of the EESC

1.3   The EESC recommends and proposes:

2.   Historical background to the situation of civil society in the Western Balkans

3.   General situation of civil society organisations

3.1   Social partners

With the conclusion of free-trade agreements in the Balkans it is now necessary to establish formal representation of the social partners in the region and at the same time establish integrated representational structures at national level.

The European capacity-building programmes (5) are essential, in relation especially to trade unions' and employers' associations operating on the periphery. Best practice is needed for interregional cooperation since the social partners should address regional issues through cooperation in the run-up to a single Free Trade Agreement in 2006.

Engaging the public sector in the countries concerned is often a struggle, and public-private dialogue must be ensured and promoted.

3.2   Other organisations

Existing civil society organisations in the Balkans can be grouped into four general categories: (a) organisations set up to oppose the old regimes, (b) NGOs whose operations are depend entirely on donations and which were set up to implement international development aid programmes, (c) highly specialised organisations which usually work with the most vulnerable groups and (d) farmers' unions.

Sustainability and donor independence are the most important issues that must be addressed in the immediate future. Since organisations of the first type have generally existed for longer and are directly involved in the political debate, they have become widely recognised. However, they are facing serious difficulties in ensuring financial sustainability. Organisations in the second group are much less visible and very numerous, and seem to have been set up to meet the wishes of the donor community. The majority of these are certain to disappear owing to lack of donors.

Capacity-building and inter-NGO and regional cooperation must be addressed, but the most important issue is how to bridge the critical gap as international funds are reduced and local funding is not yet available. There is a risk that much of the social capital built up by civil society will be lost and that there will be a return to violence.

4.   Structural problems of the Western Balkans and their effect on the development of organised civil society

4.1   Corruption

This is the most serious structural problem, and is due to inefficient public administration, the lack of a serious and effective institutional and legal framework, the absence of an independent judiciary, the unfavourable economic conditions, poverty and the absence of substantial action by civil society organisations.

4.2   Violation of human, individual and social rights

Despite the efforts of international organisations — which are not always successful — violations of individual rights by the authorities are still regularly observed. The biggest problem, however, is that the judiciary appears quite unaware of the role it should play here.

The countries' accession in principle to the institutional framework of the Council of Europe is a positive development. However, in many situations the absence of a political will to see implementation through, and the intrusion of minority and religious divisions into the social dialogue, make it particularly difficult to achieve a broad climate of rapprochement and communication.

4.3   Ineffective governance — public administration

The political and social instability caused by radical internal political conflicts is the main cause of poor governance in the region, manifest in serious malfunctioning of public administration, which in turn encourages lack of accountability and corruption. International and European efforts to modernise public administration have not yet brought about any significant improvement.

4.4   Absence of dialogue with civil society

Social dialogue (6) with civil society organisations requires not just a legal framework, but also mutual respect between the parties concerned and efforts to understand and moderate opposing views, and above all a culture of conflict resolution. The Western Balkans region has never had real social dialogue because of the authoritarian regimes and sham organisations which were strictly controlled by the state. Undoubtedly, sufficient time must be allowed to achieve the necessary quality and depth in social dialogue.

4.5   Need for authenticated, representative civil society organisations

The plethora of civil society organisations raises legitimate questions as to the actual social situation in the region. Many of the organisations in question were set up at the request or insistence of international bodies, which fund them, and often provide the social welfare and assistance that should be delivered by the state. Yet others were set up on the initiative of international civil society organisations and other NGOs, which also directly influence their activities. And some are the result of local initiatives that conceal party-political, ethnic, minority or religious interests.

5.   Comments of the EESC on the social, political and economic situation in the Western Balkans and the European strategy

6.   Proposals and recommendations of the EESC

6.3.1   Recommendations to the national and regional political forces of the countries of the Western Balkans:

6.3.2   Recommendations to the political bodies of the Union:

6.3.3   Recommendations to EU Member States bordering the Western Balkans and European civil society organisations

6.4   Financing

Brussels, 17 May 2006.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND

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(1)  The definition of civil society here is the same as in previous EESC opinions, i.e.: (1) organisations of employers and employees, (2) organisations representing other economic and social interests, (3) non-governmental organisations (NGOs), (4) grassroots organisations, (5) religious associations.

(2)  EESC opinion on Promoting the involvement of Civil Society Organisations in South-East Europe (SEE) – Past Experiences and Future Challenges (rapporteur: Mr Wilkinson, OJ C 208 of 3.9.2003, p. 82).

(3)  EESC opinions on The role and contribution of civil society organisations in the building of Europe (OJ C 329 of 11.11.1999) and on Organised civil society and European governance: the Committee's contribution to the drafting of the White Paper (OJ C 193 of 10.7. 2001).

(4)  EESC opinions on The role of civil society in the new European strategy for the Western Balkans (rapporteur: Mr Confalonieri, OJ C 80 of 30.3.2004, p. 158) and on Promoting the involvement of Civil Society Organisations in South-East Europe (SEE) – Past Experiences and Future Challenges (rapporteur: Mr Wilkinson, OJ C 208 of 3.9.2003, p. 82).

(5)  CARDS (Community Assistance for Reconstruction, Development and Stabilisation), Council Regulation (EC) No 2666/2000 of 5 December 2000.

(6)  Conference on Strengthening Social Dialogue in the Western Balkan Countries, DG Employment, Social Affairs and Equal Opportunities, 6–7 Oct. 2005, Skopje.

(7)  EP Resolution P6_TA(2005)0131: Regional integration in the western Balkans – EP resolution on the state of regional integration in the Western Balkans.

(8)  The Austrian EU Presidency 2006 – Federal Minister of Foreign Affairs – 23 November 2005 – European Foreign Policy.

(9)  EESC opinion on The role of civil society in the new European strategy for Western Balkans, 10 December 2003 (rapporteur: Mr Confalonieri, OJ C 80 of 30.3.2004, p. 158).

(10)  EP Resolution P6_TA(2005)0131.

(11)  The EESC has so far made the following contributions on the Western Balkans: (1) Information report on Relations between the European Union and certain countries in south-east Europe, adopted on 23.7.1998 (rapporteur: Mr Sklavounos, CES 1025/98 fin), (2) Own-initiative opinion on Development of human resources in the Western Balkans (rapporteur: Mr Sklavounos, OJ C 193 of 10.7.2001, p. 99), (3) Action plan on The promotion of the culture and practice of social dialogue and of the participation of civil society and related networks in the South East Europe region, in cooperation with the European Institute for Vocational Training (EIVT) and the International Labour Organisation (ILO), (4) Own-initiative opinion on Promoting the involvement of Civil Society Organisations in South-East Europe (SEE) – Past Experiences and Future Challenges (rapporteur: Mr Wilkinson, OJ C 208 of 3.9.2003, p. 82), (5) Exploratory opinion on The role of civil society in the new European strategy for the Western Balkans (rapporteur: Mr Confalonieri, OJ C 80 of 30.3.2004, p. 158), (6) EESC Opinion on a Wider Europe – Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours (rapporteur: Ms Alleweldt (OJ C 80 of 30.3.2004, p. 148).

(12)  Communication from the Commission to the Council and the European Parliament: The Western Balkans and European integration. COM(2003) 285 final – 21.5.2003.

(13)  The Thessaloniki agenda for the Western Balkans: Extracts from successive General Affairs and External Relations Council, 16 June 2003.

(14)  EP Resolution P6_TA(2005)0131.

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