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Civil Society Organisations:a renaissance in time

4 July 2008

As parliamentary democracy and a fast evolving socio-economic environment unfolds we are confronted with ever emerging challenges: drug/alcohol/substance abuse, poverty, juvenile crimes, rape, domestic violence, teenage pregnancy, environment, animal rights et al; rapid development is ushering in attendant social malaises like waste management, rising unemployment, suicides, murders and unprecedented crimes; the sharp decline in social capital is manifesting in the height of the walls enclosing private homes in our urban centers. The role of CSOs thus assumes a vital relevance in the present context.

The significance of collective collaboration and positive contribution from Civil Society was highlighted recently by Jangsa Animal Saving Trust’s crucial efforts in dealing with the stray dog problem.

The ball is now in the government’s court to establish a CSO Authority in line with the CSO Act passed in June 2007. This would deliver the vital impetus to the growing CSO consciousness in our kingdom. This issue presents in-depth and broad perspectives from some of the driving personalities of the CSO movement in Bhutan. At stake is the ensuing definition of the “Bhutanese way of life”.

By Phuntsok Rabten

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Lham Dorji (Tagmapa) is a Research Officer in the Centre for Bhutan Studies with an academic background in Public Policy. He wishes to add that the views expressed here are entirely his own and do not belong to that of CBS.

Q. Having authored a comprehensive book on Civil Society, what is the level of CSO consciousness in Bhutan?
A. Firstly, the book is an outcome of a preliminary study to explore how the concept of civil society is understood in the Bhutanese context. This was a part of CBS research activities of 2005.

Until the new Civil Society Act was adopted in 2007, our understanding of the concept was rather poor. Using this concept synonymously with NGOs, it also did not manifest much in past development discourses. There were, in the past, even external negative views that civil society did not exist in Bhutan.

Though civil societies as formally registered and legally incorporated institutions of western models came into existence only in recent years, the traditional forms like self-help groups, self-regulating and closely-knit communities have always existed. However our people are now beginning to discuss the role of CSOs in development, policy work and democracy. We have seen a substantial increase in the number of formal CSOs. As the concept is increasingly being talked over by the interested people and relevant stakeholders, I feel there is still general ambiguity in understanding the significance and roles of CSOs.

Q. In view of the emerging realities in Bhutan, what is the relevance of CSOs?
A. The concept of civil society lacks universal definition with diverse interpretations. Globally originating in the west, CSOs is increasingly gaining its international significance, particularly in relation to good governance and democracy.

Now that we have ushered in parliamentary democracy, CSOs will have important roles to play in strengthening the democratic order, norms and values. From the political perspectives, they can serve to create informed citizenry to effectively participate in the development, collaborative projects and public policies, and hold government and private sector accountable. In the social context, associational life based on shared values, trust and reciprocity can foster among our people a sense of common good, and bind them together to address common social/economic problems.

Q. How would you interpret CSOs in the Bhutanese context?
A. Without a specific definition of this concept, I would look at it from a broader perspective. I feel CSO concept has got to do with primordial ideas of association and social collectivism, creation of duty-based society, promoting the sense of common good, community empathy, inter-dependence, volunteerism and empowering the people. The CSOs in our context may broadly include: traditional institutions of self-help, contemporary welfare associations and NGOs.

Q. Can you elucidate more on the indigenous roots of CSOs in our rural communities and the contrasts with emerging challenges in our urban societies?
A. For centuries, our communities subsisted on the strong concept of inter- dependence and ownership, not in the sense of individuals delimiting and claiming rights to resources, but traditionally recognizing mutual ownership over common resources and collective management of pastures, forests, waters, footpaths, village temples, etc, and acknowledging responsibility to the community members in times of sickness, death, food crisis and labour shortages and so on.

Many civil societies in the industrialized societies emerged as substitution to informal associational and community life lost in pursuit of rampant industrial capitalism and individualism, lack of which would be of a great threat to democracy and organized social life. We are privileged that our Constitution ensures the state’s ‘promotion of conditions that are conducive to co-operation in community life and integrity of extended family structure’.

However without a widely agreed conceptual term for the civil society in Bhutanese language, it is likely that the emerging CSOs (particularly the ones in urban areas) will have considerable orientation towards the modern models.

Therefore, in conceptualizing civil society, we must to the extent possible, try to adapt this concept to our local culture, social and political setting and GNH development policy. In other words, we must strive to take into account those traditional institutions of self-help and associations which to this day form the basis of our rural communities. If we directly import and use the concept as understood and practiced in the west, then it can be, in one way or other, misguided attempt of policy transfer. But then since the concept itself has gone through extensive evolution theoretically and practically across the world, it may be good if we also borrow the positive attributes from the best modern models.

Q. What are the challenges and constraints faced by CSOs in the present social and political situation?
A. Because civil societies in some countries are organized socio-politico groups which act against or even win over the governments, some of us may attach negative connotations to this concept. Moreover, with the growing enthusiasm on the concept, and the new legal provisions and political environment, the traditional forms of civil societies may be exposed to new challenges.

The CSO Act entails CSOs to remain apolitical. My personal opinion is, though they may not affiliate with any political parties, they should be allowed to have opinion in the political processes, must act as agents to encourage people to participate in elections and influence policy decisions.

What is important is, rather than putting this concept towards negative perspectives, we must acknowledge CSOs as vital for a strong and vibrant democracy, and look forward to exploring the concept, its relevance, growth and development in the context of GNH and democracy.

The CSO Act is in place, but CSO Authority responsible to implement the Act is thus far not established. There seem to be concerns among various stakeholders that the CSO Authority must be established to effectively support and engage CSOs, provide them clear guidance on their registrations and to develop common understanding of vision and strategies. It seems many development partners (DPs) also like to support CSO development- and for this, CSO Authority is needed to develop a shared approach to such donor support.

Many welfare associations and community self-help groups in rural areas lack management and financial capacities, as a result of which there were many examples of failed CSOs. How can we support and promote them is a critical question.

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Dasho Lungten Dubgyur
Dasho Lungten Dubgyur is currently serving as the Chief Judge in Bench I of the Paro District Court. A member of the Constitution Drafting Committee, Dasho has also been involved in drafting and translation of various Acts which includes: Taxation laws of Bhutan, the Civil and Criminal Procedure Code, the Penal Code of Bhutan, Election Bills, the Jabmi Act, Judicial Service Act, Religious Organization Act and pertinently for this issue – the Civil Society Organization Act.

Q. What is the relevance of CSOs in different societies of the world and here in Bhutan?
A. The emergence of CSOs in the world that I understand is the congruence of humanities’ hope and the search for social cause that promotes or elevates human dignity and to find a rightful place to honour personal freedom, liberty and justice.

This fundamental principle of individual and collective aspiration with common and shared interests with specific purposes and values sub-serve the emergence of common heritage of CSOs across the globe in varying forms and degrees in the areas of social, cultural and other associations embracing a diversity of spaces, forums, actors and organized institutions. Most CSOs are intended and organized in a form of a registered charities, non-governmental organizations, professional associations, self- help groups like our existing Tshogpas among people coming from same locality, community groups such as village Tshogpas on the maintenance of village water supply schemes or to renovate a village temples, women’s organizations, business associations, and welfare advocacy group. Therefore, the purpose and the vision of CSOs in different societies of the world and in Bhutan are concomitant. The Draft Constitution of Bhutan under Article 9, Section 3, states that “The State shall endeavour to create a civil society free of oppression, discrimination and violence, based on the rule of law, protection of human rights and dignity, and to ensure the fundamental rights and freedoms of the people”. Further the Preamble of the Civil Society Organization Act states that “…….the establishment and registration of Civil Society Organizations to strengthen civil society by developing human qualities and rendering humanitarian services”. Thus, the very purpose and objectives of the emergence of civil societies elsewhere and in Bhutan are to provide humanitarian services in different forms or in varying capacities.

Q. What do you think about the level of CSO consciousness in Bhutanese society and government?
A. The name “Civil Society” may be construed as a borrowed modern concept with democratic transition initiated by Their Majesties the Kings, however, it was not entirely true that the existence and operation of civil societies in Bhutan was because of such modern transition. The existence of community services through voluntary association or labour contribution in building neighbour’s house in particular in almost all the villages in Bhutan reflects one of the good form of the repository or the existence of vibrant community self-help. Therefore, the existence and the level of CSOs consciousness in a Bhutanese society could arguably draw its strength from our rich heritage of very active purveyance of social settings that enable to concur with interdependency or the existence of community associations at village level which have served in patronizing and promoting individual and common welfare activities in our villages and in communities in varying degrees and forms.

However, in order to translate into a very high level consciousness of CSO in Bhutanese society, it is pertinent to hold both the government and the existing civil society’s actors play their mandated roles under the Act and also in raising concerted awareness and programmes that truly upholds the principle of founding a vibrant democracy in Bhutan. This would invariably lead towards increased level of consciousness in patronizing and recognizing the Civil Societies in Bhutan (what I would like to call) as the Fifth Estate in the affairs of governance.

Q.How is the role, function and relevance of CSOs in the Bhutanese context within the legalities of the CSOs Act compared with those of other countries?
A. The need of the law or the legislation is to uphold the existence of the rule of law. In the modern context, it is the rule of law that necessitate that whatever one does is accounted as legal and lawful. Bhutan has over recent years enacted many laws that have positive impact in our society in many ways. So to draft any legislations, Bhutan has always been blessed with time and opportunity to look into the areas of both positive and negative aspects of many existing legislations of other countries or the lessons that could be drawn from our own experience. Generally, many CSOs in other countries are often overshadowed with the duplication of efforts that would often overlap with the roles and functions of the government often leading to conflicting responsibilities and accountabilities. Experience from other countries shows that without a clear legal mandate, the CSOs have the tendency to override with the activities, functions and responsibilities not only among the CSOs themselves but also with that of the elected government. In such a case, rather than supplementing the efforts of government in promoting individual and common welfare, it often becomes a tussle as to who is answerable to whom. Therefore, the new CSOs Act in our case provides comprehensive provisions defining specific roles, functions, accountabilities, and transparent conduct of a civil society which are not duplication of government institutions but are complementary or supplementary to promote general welfare, severe public interest and enhance collective purpose with set visions and goals. Thriving civil society is sino quo non to a vibrant democracy.

Q. What are the challenges and constraints faced by CSOs and what is the role of the government in this regard?
A. The step towards the enactment of the Civil Society Organization Act in 2007 was in fact a legal recognition of the important and positive roles already played by our existing civil societies or Non-Governmental Organizations in Bhutan. Before the enactment of the Act, there were no clear, specific roles or responsibilities that are mandated for the CSOs which often are clouded with uncertainties of their noble endeavour. The CSO Act is to supplement the existence and the registration of thriving civil societies in a democratic set up. Civil societies are expected to play an important role in the political transformation of the country to further boost social welfare programmes and improve the conditions and quality of life of the people. The Act also ensures public accountability of the CSOs by providing a legal framework for responsible and effective self-regulation, reporting on funding and financial status and their activities.

Under the Act, there is a need to established “an independent Civil Society Organization Authority” composed of one official from the ministry of Finance nominated by the Finance Minister, one official nominated by Home and Cultural Minister who will function as member secretary, one lawyer appointed by the Attorney General and other two eminent member representatives of the CSOs. The “Authority” under the Act is the most important regulatory body. Without its existence or composition, the CSO Act itself is defunct. The Authority is to function as an apex body in regulating, supervising, monitoring, certify the existing CSOs and approve new registration, accredit foreign CSOs, advise government on the activities of the CSOs and facilitate better internal administration of CSOs. More importantly, all the existing civil societies must have been registered with the Authority within three months of the commencement of the Act. Thus, it is fundamental under the Act to establish such an Authority by the government at the earliest to give legal impetus for the civil societies in Bhutan as the Act was already in force since 31st of July, 2007.

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RSPCA (Royl Society for Protection and Care of Animals) 1999 To inculcate moral responsibility for humane care and treatment of all animals: sterilization and anti-rabies campaign, treatment and feeding of dogs and other animals.

YDF (Youth Development Fund) 1998 To establish sustainable youth fund for activities related to development of young people as productive citizens.

RSPN ( Royal Society for Protection of Nature) 1987 To inspire personal responsibility in the conservation of the environment through education, applied research and information dissemination.

JAST (Jangsa Animal Saving Trust) To inspire the practice of “Tsethar” – the saving of animal life and prevention of animal killing • SSU (Social Service Unit) of Sherubtse college 1984 House repair and construction for poor people; provision of clean water to villages; food and clothing to old and destitute; medical facilities to sick and non-formal education to villagers.

Tarayana Foundation 2003 Help vulnerable individuals achieve greater economic security; provision of maintainence allowance in crisis, help poor students, promote folk craft, medical acre for poor and education promotion.

RENEW (Respect, Educate, Nurture and Empower Women) 2004 Dedicated to the relief and empowerment of disadvantaged women and girls in Bhutan.

VSA (Volunteer Service Abroad) 1987 Programme development in coordination with RCSC (until now in the field of engineering and finance).

UNV (United Nations Volunteers) 1980 Facilitate placement of international volunteers to Bhutan to work in wide range of specialist fields and also assist placement of Bhutanese volunteers overseas

Singapore Volunteers Overseas 2000 To assist department of education to meet its objective of promoting IT in schools

JICA/JOVC 1988 To assist and encourage activities of young Japanese wishing to cooperate in the economic and social development of Bhutan.

NWAB (National Woman’s Association of Bhutan) 1981 To empower disadvantaged Bhutanese women to contribute meaningfully to the well being, progress and development of their family, community and the nation.

Yang-Yum Thuenshey Tshogpa 2000 to promote close ties with people from Yangtse and Bumdeling gewog of Trashiyangtsi residing in Thimphu. Perform rimdo, promote women, preserve culture traditions, loss, sick death, interestfree loans up to 3years.

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