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15NGO AS INSTITUTION OF CIVIL SOCIETY IN TAJIKISTAN
Karimov Sh.
Tajikistan National NGO Association
One of the realities of the modern day is that any dynamic, progressive and sustainable economic and social development must be based on good governance. This is rooted in social accountability and is comprised of two important components: the effectiveness of government and compliance with democratic principles. The other reality is that the implementation of good governance is impossible without real and active participation of the civil society and its institutions, especially non-governmental organizations (NGOs). Therefore, each state should be vitally interested in the efficient and sustainable development of civil society and its institutions. It is encouraging to note that the number of nongovernmental organizations in Tajikistan is growing steadily, and this should be seen as a positive development. The President of the Republic of Tajikistan acknowledged the role of civil society in his address to the Majlisi Oli (National Parliament) of the Republic of Tajikistan on January 20, 2016: "We envisage... the further sustainable development of the country in the industrial and innovative way, strive to improve the efficient use of resources and opportunities in all spheres of social and economic life and already. implement some measures to prevent the vulnerability of the country's national economy in the long term. In this regard, the Government needs to strengthen its activities in the mentioned areas, in order to achieve the strategic goals of the country, ensure the cooperation of the central and local governments, development partners, private sector, and the civil society [1]"
A civil society and democracy in Tajikistan [2 (4(40)] are being cultivated on local soil - they are not "alien transplants". After declaring independence from the former Soviet Union in 1991, the republic is ready to embrace the great transformation already going on, and the new phenomena have not weakened society's immunity: we are all witnessing the birth of a new statehood and stronger national identity that will determine cultural development in the broadest sense of the word. But we must keep in mind that cultural development is impossible without mutual integration of this new statehood and stronger national identity in the spirit of genuine democratization. However, from the dialectical viewpoint, the process is far from simple: a civil society ruled by law is coming into being by way of many contradictions, difficulties, meandering, and backtracking. As the road leading to a civil society ruled by law, democratization can be visualized as the sum total of numerous development vectors: some of them at times slow down the process, while others tend to miss certain seemingly logical stages by speeding things up.
In fact, today the transformation process of Tajikistan, combined with the post-conflict period as well as the further development of the country largely depends on activity of the population in building and strengthening civil society with their active involvement in solving urgent problems of the modern Tajik society. Radical transformations taking place in the life of modern society in Tajikistan and addressing many of its problems are inextricably linked to the formation of civil society in the country. Today it has become an indisputable fact that the social activity of individual or civil society initiative is the most important and the most significant factor in formation of a democratic, legal state and truly free tolerant civil society. Development of the basic institutions of civil society is impossible without social and active individuals and their initiative and voluntary associations, which are called the "third sector" or non-profit non-governmental organizations (NGOs). The formation and development of the Tajik NGO sector has not been an easy process [3]. In a certain sense, emergence of NGOs was not only the answer to the new challenges of democratization of the country (a civil society as the most important task of democratization), they also helped the reviving new statehood in all spheres: health protection, restoration of private housing and farm holdings, peace building, culture, education, etc. Moreover, most of the political activists' in the future political parties became political entities within the budding nongovernmental informal structures, some of which were not even legally registered. In this sector, a human environment was created that later developed into various combinations of citizen alliances and associations and, still later, into political parties. Such was the dialectics of Tajikistan's internal progress.
In the first phase of their development [4], the Tajik NGOs began to form in a very specific historical, first of all, political and ideological conditions as a civilian political movement. Emerging "from below" civic movement they developed in the form of local initiatives in selected cities and towns
of the country. The years of 1990 - 1991, was the heyday of the civil movement and the democratic development of Tajikistan. The emergence of officially registered NGOs was a new phenomenon for Tajikistan political and social change. Their future growth has been consistent and progressive registered legal entities, operating in virtually all parts of the country [5]. It is encouraging that the number of nongovernmental organizations in Tajikistan is growing steadily, and this should be seen as a positive development. In reality, there is no sphere of influence where the NGO representatives would not participate in problem solving. The contribution of non-governmental organizations, in particular in the area of training and upgrading of the legal, political, social and cultural education of the citizens is very important. These include training government staff and administration, working with women and children, the disabled and those unable to work, cooperation in the field of health and education , improving the legal education of citizens, creating conditions for the first material and financial assistance and training centers for new generation of entrepreneurs, the organization of short-term specialized courses, using advanced capabilities for public officers and employees, and creating new opportunities and jobs for young people and housewives. This is only a partial list of activities that nongovernmental organizations have undertaken in Tajikistan over the past 25 years. .
NGOs in the Republic of Tajikistan are registered as non-commercial organizations (NCOs). According to the Law on Public Associations [6], registration is mandatory if NGOs want to be a legal entity. The Civil Code of the RT [7] defines CSOs as legal entities that do not aim at generating profit and do not distribute any generated profit under its members, while it also mentions different forms of NGOs. The formation of NGOs, whatever the legal entity, is based on the general provisions outlined in the Civil Code of the RT. Formation procedures are determined by the organizational and legal form that the NGO takes.
The following types of organizational and legal forms of NGOs are specified in the Civil Code of the RT:
1) Public and religious organizations (associations)
2) Public foundations
3) Non-profit cooperatives and consumer cooperatives
4) Associations of legal entities (associations and unions)
5) Institutions
The Civil Code does not limit the types of organizational and legal forms of non-profit organizations and provides an opportunity to envisage other forms of NGOs. The 2007 Law on Public Associations in its article 7 establishes three legal organizational forms of a public association:
(1)public organization: a membership-based public organization established on the basis of joint activities for the purpose of protecting common interests and attaining constituent goals of the citizens who joined the association (article 8 (1) of the Law on Public Associations);
(2)public movement: a mass public association, which consists of participants and is not membership-based, pursuing socially valuable and other beneficial goals supported by the participants in the public movement (article 9 (1) of the Law on Public Associations);
(3) body of public initiative: a public association, which is not membership-based, pursuing a goal of jointly addressing various social issues facing citizens at their place of residence; its activities are aimed at meeting the needs of citizens whose interests are related to attaining constituent goals and implementing programs of the body of public initiative in the locality where it was established. A body of public initiative is formed at the initiative of citizens, and is not subject to state registration. A written notification at the local authorities is required (article 10 of the Law on Public Associations).[8]
As it mentioned above, the Tajik NGOs operate in all spheres of public and political life of the country. The main directions of their activity are diverse: they perform an important bridging role between society and the government, business and the media, and other institutions. NGOs carry out substantial work on improving legal education of the population and the legal protection of the rights and freedoms of citizens, contribute to the legislative process, monitor human rights, carry out educational work in the field of human rights and their protection, and etc. The main problem in the improvement of the multifaceted activities of NGOs is that these activities are not yet systemized and properly coordinated. However, they are extremely important for understanding the role of NGOs in formation and development of civil society, enhancing the legal environment, expanding civic space and increasing civic initiative and participation. NGOs in Tajikistan have also become an undisputed
economic factor, creating job opportunities and contributing to addressing poverty reduction in the country.
In Tajikistan, there is a certain political will and understanding in terms of formation and development of civil society as well as the role of NGOs in this process. More and more governmental institutions and agencies are starting to work with NGOs and other civil society institutions. There are good examples of such mutually beneficial cooperation at the national and local levels. Moreover, the President of the country in his last address to the National Parliament stressed the significance and importance of civil society and its institutions in successful addressing socio-economic problems and sustainable development of Tajikistan in the future [8]. At the highest level repeatedly affirms the idea that in Tajikistan there is no alternative to the democratic development of the country and the building of a civil society. All this, ultimately contributes to further development and strengthening the process of formation of democratic society in Tajikistan, especially in the context of today's civil society situation when lots of restrictions and limitation of freedoms are being cultivated in the former republics of the Soviet Union.
At the same time, there are still many theoretical and practical gaps in the process of formation and development of civil society in the country. So far there is no a legal definition of the concept of "civil society" in the main strategic documents of the country, including the Constitution of the Republic of Tajikistan. A number of fundamental strategically important documents and concept papers, such as the "National Concept of Civil Society Development in Tajikistan", "Strategy of State Support to NGOs in Tajikistan", "National Concept on Social Partnership" and etc. are not adopted yet.
The legal environment for the normal functioning of NGOs in Tajikistan, in general, is positive. The existing laws and legislation system comply with the requirements of international standards. There is another problem: the absence of appropriate mechanisms for their implementation and inadequate law enforcement, on the one hand, and the low level of legal awareness of the country's population in general, and NGOs in particular, on the other hand.
However, there have been attempts to increase the monitoring and inspection of activity of NGOs by the government through changes and amendments to the existing Law of the RT "On public associations" and other relevant laws. These and other negative phenomena and legal constraints in general have led to the fact that the overall situation with respect to the legal environment for the normal functioning of NGOs in Tajikistan for 2014-2015 has deteriorated significantly. As a result, Tajikistan ranked 25th among 29 countries in the region as a result of CSO Sustainability Index, conducted annually by the US Agency for Development (behind are: Azerbaijan, Belarus, Uzbekistan and Turkmenistan) [9 (29-16 p)]
In Tajikistan, more or less successfully began to practice the creation of public councils at the ministries and other state bodies. Also, public hearings and civil society activists' involvement are going to be often used in making decision process and adoption of nationally important documents. For example, during development and adoption of new version of the Tax Code, more than 1, 000 comments and suggestions to this bill have been prepared by NGOs, mass media and entrepreneurs of the country. A recent incident (2016) when the Government initiated tightening rules on grants and other forms of financial support for NGOs from the outside, can be considered as a great success of civil society and a good example of the fruitful dialogue between the government and CSOs. As a result of the joint efforts, these amendments were adopted in a form that suited both parties. Now Tajik NGOs are not required to obtain permission and to register grants prior to their receiving, as it was originally included in the Government first draft, but should only notify the Ministry of Justice after receiving grants via e-mail (letter of notification).
Organizational capacity of NGOs in Tajikistan in recent years have deteriorated markedly.[10] This is primarily due to the limited financial capacity of the organizations. While the state of civil society in Tajikistan is comparatively more robust and stabile than many of its Central Asian neighbors, civil society organizations still face numerous legal impediments and are largely dependent of international donor funds for their sustainability. Many NGOs do not have a permanent, well-trained professional staff, most of them work from grant to grant. Volume and CSO program are directly dependent on the amount and availability of funds from foreign donors. The lack of funds hinders CSOs from long-term strategic planning. CSOs mainly work with beneficiaries, but do not create a social base for their normal and effective functioning and sustained activities. Although almost all the NGOs learned how to manage
finances, but the issue of research based planning to encourage strategic and sustainable development of the organization remains unresolved and open. There is no collective and transparent management in place, where most NGOs still do not have workable Boards or Board of Directors. The notion of volunteerism is not sufficiently developed. In recent years, the issue of preparation of NGO leaders, especially amongst the younger generation and newly established NGOs is going to be a big problem. Most of NGOs do not publish their annual reports. Created NGO coalitions and networks are not effective because of lack of funds and lack of motivation to work together.
Thus, the issue of funding remains as a key problem of the Tajik NGOs. The Tajik NGOs almost all are one hundred percent dependent on foreign donors. Other sources of funding - state, private sector, income from business activities of NGOs, philanthropy, membership fees - remain unused and are not involved enough. In such a constrained environment, in the absence of alternative funding, only those civil society organizations which adapt to the rules of the game, set up by donor agencies and international organizations, will be able to survive. But the international organizations outsource activities which are included in their own mandates for Tajikistan. There is little or no space left for civil society organizations to propose their own activities, based on their previous experiences and ideas of their employees.[11]
In 2014, the National Association of NGOs in Tajikistan initiated a series of round tables with all eight officially registered political parties in Tajikistan to improve the social partnership between NGOs and political parties, considering them as possible partners and an additional internal source for the implementation of joint programs and projects. As of today, there are 7 MOUs on social partnership signed between the Association and each of the seven parties. National Association plans to hold a similar program with the representatives of small and medium business in the country as well. It is expected that this approach will facilitate the active involvement of local resources in solving this problem, and will encourage a more sustainable development of NGOs in Tajikistan.
Now, the reality of the twenty-first century is the Tajik civil society.[12] However, many of its features and qualities are still in the stage of development and formation. Today, this process is still complicated by the instability of the socio-political structures, sustained access to the civilized market relations, the lack of a broad social layer of owners, the low efficiency of the mechanism of legal protection for the individual. And yet, despite these difficulties and various kinds of disasters, the formation of civil society in the Republic of Tajikistan is in line with the global development retaining the positive experience of its past and original features.
In general, successful addressing the following problems would certainly encourage and contribute to a more sustainable development of NGOs in Tajikistan:
• Lack of specific programs and strategy in providing state support to NGOs;
• The total financial dependence on foreign donors;
• Absence of Centers// Schools of young NGO leaders;
• Lack of research based strategic planning;
• Poor communication and interaction between NGOs;
• Staff turnover;
• The tax burden;
• Limited access to primary resources and the media;
• Weak information policy;
• Lack of marketing and lobbying CSOs interests;
• Lack of exploring the potential and capacity of civil society in addressing social problems.
We are all aware of the accountabilities and problems, but we must recognize that the country has moved far along the road toward democracy. The Tajik NGOs should likewise be aware that there are many difficult tasks, problems, and barriers in store for them: It is too early to rest on the laurels. They must keep putting one foot in front of the other.
REFERENCES
1. President Emomali Rahmon. For the full speech, see http://prezident.tj/ru/node/10587
2. Karimov, Shamsiddin. Dialectics of the Emergence of a Civil Society and State Support of NGOs in Tajikistan.
Central Asia and Caucasus. Journal of Social and Political Studies. No. 4(40), 2006
3. Гражданское общество в Таджикистане: проблемы и перспективы формирования. -Душанбе, 2001
4. Каримов Ш. Роль НПО в формировании гражданского общества в Таджикистане. Историко-
политологическое исследование. 4-е издание, исправленное и дополненное. -Душанбе, 2008
5. Каримов Ш. Т. Роль НПО в формировании гражданского общества в Таджикистане. Автореферат диссертации на соискание ученой степени доктора политических наук. -Душанбе, 2016.
6. Law of the Republic of Tajikistan on Public Associations. Dushanbe, 2007.
7. Civil Code of the Republic of Tajikistan of June 30, 1999.
8. Enabling Environment National Assessment for CSOs in Tajikistan. CIVICUS/AGNA. Dushanbe, 2016
9. Address of the President of the Republic of Tajikistan to the Parliament of the Republic of Tajikistan, 2016.
10. The 2015 CSO Sustainability Index - Tajikistan. https://www.usaid.gov/sites/default/files/documents/1861/Europe_Eurasia_CS0SIReport_2015_Update8-29-16.pdf
11. The 2015 CSO Sustainability Index - Tajikistan. https://www.usaid.gov/sites/default/files/documents/1861/Europe_Eurasia_CS0SIReport_2015_Update8-29-16.pdf
12. How Do Donor Agencies View Civil Society Organizations in Tajikistan? By: Karolina Kluczewska. University of St. Andrews. - 2017.
13. Каримов Ш. Т. Роль НПО в формировании гражданского общества в Таджикистане. Автореферат диссертации на соискание ученой степени доктора политических наук. -Душанбе, 2016.
НПО КАК ИНСТИТУТ ГРАЖДАНСКОГО ОБЩЕСТВА в ТАДЖИКИСТАНЕ
В статье рассматриваются особенности НПО как одного из активных институтов гражданского общества в процессе национального государственного строительства в Таджикистане, их роль в формировании и развитии гражданского общества, укреплении правовой среды, расширении гражданского пространства и повышении гражданской инициативы и социальной ответственности. Отмечается, что НПО в Таджикистане также стали бесспорным экономическим фактором, содействуя снижению уровня бедности и повышению благосостояния населения страны.
Ключевые слова: негосударственные организации, гражданское общество, организации гражданского общества, демократизация, гражданское пространство, государство, гражданское участие, устойчивое развитие.
Сведения об авторе:
Шамсиддин Каримов, доктор политических наук, директор Национальной ассоциации НПО Таджикистана. Тел: 935701780, E-mail:: director@cso.tj
About the author:
Shamsiddin Karimov, Doctor of Political Sciences, Director of the National Association of NGOs of Tajikistan. Tel: 935701780, E-mail: director@cso.tj
РИШТАХРИ ТАХСИЛЙ ВА УСТОДОНИ «НИЗОМИЯ»ХО
Садриддини А.
Кургантюбинский государственный университета им. Носира Хусрава
Силсилаи марокизи тахсилие, ки дар мактаъхои ибтидой, мутавассита ва олй аз чониби вазири муктадири хонадони Салчукиён Абуалй Х,асан ибни Алй ибни Исхоки Тусй маъруф ба Низомулмулк (1017-15.10.1092) дар ахди подшохии Алпарслон (1062-1073) бунёд намуда буд, дар таърих бо номи «Низомияя»-хо маъруфу машхур гаштаанд. Доир ба таърихи таъсиси «Низомия»-хо Хрфизи Абру (ваф.1430) дар асари таърихии «Зубдат-ут-таворих»-аш чунин менависад: «Рузе Султон Алпарслан ба Нишопур даромад. Ч,амъе аз фукахо бар дари масчид истода буданд. Султон фармуд, ки инхо чй касонанд? Нузомулмулк гуфт: инхо уламоанд ва эшон бехтарин одамиёнанд аз бахри он ки тарки лаззати дунёи фонй кардаанд ва руй ба касби фазоил ва камоли нафс оварда. Хотири султон моили отифат ва инояти эшон шуд. Низомулмулк арза дошт, ки агар ичозат бувад дар хар шахре мавзеъе бино ниханд, ки он чамоат дар он чо нишинанд ва аз барои эшон вазифа мукаррар кунанд то эшон ба фарогат ба тахсил машгул тавонанд буд ва дуои давоми давлати султон гуянд. Султон ичоза фармуд ва Низомулмулк ба атроф навишт ба бунёди мадорис. Ва чунин гуянд, ки хафтод мадраса дар он сол аз моли султон сохтанд ва у аввал касе аст, ки ин суннати хасана ниходааст».(1)
Дар радифи «Низомияя»-хое, ки дар сатхи олй карор доштанд, Точуддини Сабкй аз нух «Низомия» дар щахрхои Багдод, Балх, Нишопур, Исфахон, Басра, Марв, Омули Табаристон ва
