The government of Belarus has submitted to the Parliament a draft law, which introduces the mechanism for participatory funding of local civil initiatives. This important step in the development of public funding for civil society, however, is based on a "passive" model: while citizens will be able to propose projects for funding, but these will be selected by local authorities without a popular vote.
CSOs have advocated for public funding and participation for years
The House of Representatives of Belarus in October has adopted in first reading draft law “On Amendments to the Laws on Local Governance and Self-Governance”, which creates a permanent legal mechanism for financial support of civil initiatives established to resolve issues of local importance. A number of Belarusian CSOs involved in local development issues have for many years been advocating for the introduction of this legal mechanism for public funding of civil society (for example, one of the main proponents was the Lev Sapieha Foundation, which had been operating for 30 years and was liquidated in 2021).
According to the Belarus’ Social and Economic Development Program for 2021-2025 approved by the Decree № 292 of July 29, 2021, each local budget will be formed with due account for the expenses to support civil society initiatives. In order to implement this program provision, the government has developed this draft law. The new draft law introduces a new Article 361 - “Implementation of civil initiatives” into the Law “On Local Governance and Self-Governance in the Republic of Belarus”.
How are civil initiatives understood?
According to the draft law, civil initiatives are measures aimed at improving the quality of life of the population in the respective administrative and territorial unit or its part, including:
- site improvements,
- construction (building, reconstruction, repair, restoration, improvement) of socially significant facilities,
- general prevention of offences,
- prevention of citizens’ injuries and death, as well as
- solution of other issues of regional importance.
Associations of local councils, already established in all regions in the forms of non-commercial organisations are entrusted with coordinating activities related to implementation of civil initiatives. These associations of self-government bodies are created in the spirit of Article 10 of the European Charter of Local Self-Government, signed by member states of the Council of Europe, but not Belarus itself.
Who can submit a civil initiative?
It is stipulated that the proposals on implementation of civil initiatives can be submitted by citizens, who are 18 and older and who permanently reside in the territory of the respective administrative and territorial unit or its part. The proposals are submitted to regional councils in the form of draft civil initiatives on paper or in electronic form. The draft law also contains requirements for the content of such project applications.
At the same time, the minimum number of people within such a group of citizens (recognised as an initiator of a civil initiative) should not be less than:
- 10 people for the implementation of an initiative in the territory of a village council;
- 20 people – in the territory of an urban-type village;
- 30 people – in the territory of a district or a town/city, except Minsk (the same number of people from each district or town/city in case of the implementation of a civil initiative in the territory of several administrative and territorial units);
- 50 people – in the territory of a district of Minsk (the same number of people from each of such districts in case of the implementation of a civil initiative in the territory of several Minsk districts).
Budgeting for funding initiatives
Regional councils will develop the procedure for an open, competitive selection of the received projects. The proposal that best meets the interests of the population residing in the respective territory will be the winner. Funds needed for implementation will be allocated on the basis of equal participation from the republican and local budgets.
The amount of funds will be determined at the stage of local budgets formation for the next year on the basis of their capabilities. And on the basis of the information provided by the regions, targeted inter-budgetary transfers will be planned within the republican budget.
Initiators of the project themselves or other entities should participate in the co-funding of expenses – in the amount of at least 10% of the cost of a civil initiative. According to the text of the draft, initiators are not allowed to contribute in kind or in the form of labour – initiators must make contributions in money terms only.
The dominant decision-making role is in the hands of local authorities, not citizens
Local councils have a significant role in the proposed concept of participatory budgeting. Not only do they determine the conditions for competitions and allocate funds, but they also have the right to pre-select the projects participating in the competition. Based on such a preliminary consideration of a draft civil initiative, they can decide whether to send the draft civil initiative to a respective association of councils for an open competitive selection or to return the submitted project to the initiator with comments and suggestions. The draft stipulates that the actual competitive selection will be carried out by the associations of local councils.