The Meaning of Regulation as Applied to the NGO Sector

8/4/2019 The Meaning of Regulation as Applied to the NGO Sector

1/12

The Meaning of Regulation as App

to the NGO SectorFor presentation at CIVICUS World Assembly Workshop: Do NGO self-regulation mechani

work? Montreal, Quebec

Kernaghan Webb

Associate ProfessorDepartment of Law and Business

Ted Rogers School of Management

Ryerson University, Toronto

September 10, 2011


2/12

Overview of Presentation

Defining regulation in NGO context Direct and indirect NGO regulation Regulation of what NGO activities Regulation by whom Self regulation examples


3/12

Defining regulation in the NGO con

Regulations are rule instruments, stipulatiobjective criteria that are designed to influcontrol behaviour and that allow for evalu

whether an entity or an activity is or is not

compliance with the criteria (Webb, 2005)

Regulation of NGOs can take place directindirectly, through a variety of mechanismdomestic and international level

Regulation can be undertaken by the statnon-state entities, or both


4/12

Direct and indirect NGO regulation

Direct: e.g., only registered advocacy organioperate in this jurisdiction, or only certified

organizations can use our logo

Indirect: e.g., state provides funding to some not to others (thereby affecting behaviour), or

disclosure initiative re: charity performance tr

greater transparency

Mechanisms: registration/certification, fundintax system, or through grants), litigation (e.g.

defamation lawsuits), information disclosure (

navigator)


5/12

Regulation of what activities?

Regulation can affect NGO ability to operatejurisdiction using a particular form (e.g., cor

form, or charitable form), or with a certificat Registration/certification only if NGO me

conditions, e.g., having a charter, a boar

reporting requirements, restrictions on th

things are done (e.g., advocacy, how fun

undertaken, how much devoted to adminetc.)

Regulation addresses NGO decision-makinform, governance, transparency and accoun


6/12

Self regulation of NGO sector

Non-profit self regulation schemes in somcountries worldwide (Naidoo, 2004)

Sometimes motivated to defend againstgovernment intervention, other times to e

public legitimacy/accountability, or to build

Self regulation issues: legitimacy(with pugovts, donors, NGO community); free rid

problem; independence; funding;principa

issues, adequacy of sanctions, complianc

orientation; standards (how developed, by

for what purpose, adequacy/effectiveness


7/12

Example: INGO Accountability Cha

Response to pressure for increased INGOtransparency codifies practices for INGOs in the areas

for universal principles; independence; re

advocacy; effective programmes; non-

discrimination; transparency; good governethical fundraising; and professional mana

currently 24 INGOs and national affiliates


8/12

Imagine Canadas Ethical Code Pr

Charities that join the Ethical Code Prograthe right to use the EC trustmark, which sdonors that they comply with the Codes f

and financial accountability standards.

open to all registered Canadian charities More than 400 charities have joined the E

Code Program since it launched in Janua


9/12

Cdn Council for International Coop

CCIC Code of Ethics the basic ethical princiCCIC and its Member Organizations must acc

promote Operational Standards the standards of pra

compliance procedures that guide organizatio

implementing these principles

Compliance Process purpose of the compliaprocess of the Code and Operational Standarpromote ethical behaviour using comply or ex

CCIC comprises about 100 Canadian voluntaorganizations working to end global poverty


10/12

Philippine Council for NGO Certifica a private voluntary, non-stock, non-profit

corporation whose main function is to cert

profit organizations that meet established criteria for financial management and acco

in the service to underprivileged Filipinos

provides a mechanism of certification for Nwhich meet established minimum criteria f

transparency and accountability

encourages private sector participation in development through availability of incenti

under the Comprehensive Tax Reform Pro


11/12

Charity Navigator Provides information on charitable performance

assisting potential donors in their decision mak

potentially affecting charitable organization beh Charity Navigator is an independent, non-profit

organization that evaluates charities to advance

efficient and responsive philanthropic marketpla

evaluating the financial health of America's larg

charities (similar programs available in other co

An evolving evaluative framework, service is frethe site is navigable by charity name, location o

activity, Charity Navigator accepts no advertisin

donations from the organizations it evaluates


12/12

Thank you! Questions/comments w

Dr. Kernaghan WebbAssociate Professor

Department of Law and Business

Ted Rogers School of Managemen

Ryerson University, Toronto, [email protected]

The Meaning of Regulation as Applied to the NGO Sector

Documents

Transcript of The Meaning of Regulation as Applied to the NGO Sector