Protecting the most vulnerable in an economic crisis: a participatory study of civil society organisations in the Republic of Ireland

This paper advances knowledge of how civil society organisations (CSOs) negotiate the shift from boom-time public expenditure to governmental austerity. The study focuses on the Republic of Ireland, where CSOs occupied an important role in providing a voice for ‘vulnerable’citizens in corporatism for over a decade. The global financial crisis and subsequent austerity measures caused the country’s model of corporatist-style ‘social partnership’ to collapse. The article connects CSOs’ adaptation to austerity measures when protecting the ‘people behind the cuts’ to broader questions about co-optation of civil society through state-led policymaking
institutions.

Trade unions, civil society organisations and health reforms

This article provides an analysis of resistance to neoliberalism and commodification in the public healthcare sector as seen from a trade union perspective. It uses recent research on social-movement unionism and new labour internationalism to structure a series of case studies examining resistance to different dimensions of healthcare commodification in four countries. The range of alliances trade unions are making do not fit tidily into one model, but give insights into the movement elements of trade unionism. This dimension must be strengthened, but can also be in tension with collective bargaining and other institutional processes. How to constantly reconcile these different positions is the future challenge facing trade unions.

Tribes as civil society organisations: the case of Iraq

The socio-political discourse about civil society inclines to use Western models in coneptualising civil society both in Western and non-Western societies. Iraq is one of those countries where civil society is mostly discussed the formally organised type. This paper critiques the disengagement of literature and empirical studies with exploring social structures like tribe within the civil society arena. It contends that civil society organisations should be understood based on their functions rather than forms. This paper argues that studying civil society should be comprehensive by studying other non-Western theories like 14th century Ibn Khaldun’s Muslim/Arab theories in its indigenous Arab and Muslim societies. On the premise of two factors: the Khaldunian asabiya or olidarity concept and the function of tribes in peace-building, policy formulation and democratisation, this paper uncovers how tribes in Iraq can be regarded civil society organisations.

Roles of civil society in nation-building and post-conflict reconstruction in Iraq

 This thesis aims to provide a nuanced typology of post-2003-war Iraqi CSOs that reflect their functions, rather their manifestations, by analysing and examining their roles in socio-economic service provisions and active citizenship; the impact of their roles in nation-building; and the geographic field (rural or urban) of their activities.

Beyond charity : outlines of a jurisprudence for civil society

There is not a single, coherent, jurisprudence for civil society organisations. Pressure for a clearly enuciated body of law applying to the whole of this sector of society continues to increase. The rise of third sector scholarship, the retreat of the welfare state, the rediscovery of the concept of civil society and pressures to strengthen social capital have all contributed to an ongoing stream of inquiry into the laws that regulate and favour civil society organisations. There have been almost thirty inquiries over the last sixty years into the doctrine of charitable purpose in common law countries. Those inquiries have established that problems with the law applying to civil society organisations are rooted in the common law adopting a ‘technical’ definition of charitable purpose and the failure of this body of law to develop in response to societal changes. Even though it is now well recognised that problems with law reform stem from problems inherent in the doctrine of charitable purpose, statutory reforms have merely ‘bolted on’ additions to the flawed ‘technical’ definition. In this way the scope of operation of the law has been incrementally expanded to include a larger number of civil society organisations. This piecemeal approach continues the exclusion of most civil society organisations from the law of charities discourse, and fails to address the underlying jurisprudential problems. Comprehensive reform requires revisiting the foundational problems embedded in the doctrine of charitable purpose, being informed by recent scholarship, and a paradigm shift that extends the doctrine to include all civil society organisations. Scholarly inquiry into civil society organisations, particularly from within the discipline of neoclassical economics, has elucidated insights that can inform legal theory development. This theory development requires decoupling the two distinct functions performed by the doctrine of charitable purpose which are: setting the scope of regulation, and determining entitlement to favours, such as tax exemption. If the two different functions of the doctrine are considered separately in the light of theoretical insights from other disciplines, the architecture for a jurisprudence emerges that facilitates regulation, but does not necessarily favour all civil society organisations. Informed by that broader discourse it is argued that when determining the scope of regulation, civil society organisations are identified by reference to charitable purposes that are not technically defined. These charitable purposes are in essence purposes which are: Altruistic, for public Benefit, pursued without Coercion. These charitable puposes differentiate civil society organisations from organisations in the three other sectors namely; Business, which is manifest in lack of altruism; Government, which is characterised by coercion; and Family, which is characterised by benefits being private not public. When determining entitlement to favour, it is theorised that it is the extent or nature of the public benefit evident in the pursuit of a charitable purpose that justifies entitlement to favour. Entitlement to favour based on the extent of public benefit is the theoretically simpler – the greater the public benefit the greater the justification for favour. To be entitled to favour based on the nature of a purpose being charitable the purpose must fall within one of three categories developed from the first three heads of Pemsel’s case (the landmark categorisation case on taxation favour). The three categories proposed are: Dealing with Disadvantage, Encouraging Edification; and Facilitating Freedom. In this alternative paradigm a recast doctrine of charitable purpose underpins a jurisprudence for civil society in a way similar to the way contract underpins the jurisprudence for the business sector, the way that freedom from arbitrary coercion underpins the jurisprudence of the government sector and the way that equity within families underpins succession and family law jurisprudence for the family sector. This alternative architecture for the common law, developed from the doctrine of charitable purpose but inclusive of all civil society purposes, is argued to cover the field of the law applying to civil society organisations and warrants its own third space as a body of law between public law and private law in jurisprudence.

Can Civil Society Succeed Where Elites Have Failed in the War on Sectarianism? Towards an infinitely demanding politics for the North

Caught between the well-armed imaginations of paramilitary organisations competing for the hearts and minds of a divided population, and state engineering of a liberal peace, civil society's impact on Northern Ireland's identity politics was limited during the thirty-year conflict. Specifically, the community and voluntary sector itself has tended to replicate as much as it challenged patterns of segregation in many of its own structures. With plans set out in the Northern Ireland Executive's Programme for Government (2008-11) to engage civil society in opening a new era of ‘good relations’ work to counter sectarianism and racism, civil society organisations will face a complex terrain, facing scepticism about their contribution to peace-making before the Good Friday Agreement, and working in a post-Agreement environment marked by continuing elite and communal antagonism demonstrated by the crisis at the turn of 2009 over devolution of justice and policing powers to the Northern Ireland Executive. A significant aspect of the resolution was a belated agreement by Sinn Fein and the DUP on a new community relation strategy, Cohesion, Sharing and Integration. This article suggests that civil society has a significant role to play in encouraging communities to confront the contradictions and tensions that continue to haunt the political architects of the Good Friday Agreement by affirming a radical and contingent vision of democracy as democratisation at a distance from the identity-saturated politics of the state-region of Northern Ireland. It draws on the work of Simon Critchley, Emmanuel Levinas and Wendy Brown, to offer an approach to identity politics in post-conflict Northern Ireland, focusing on the future orientation of civil society.

Civil society versus nationalizing state?:Advocacy of minority rights in the post-socialist Baltic states

Strong civil society provides individuals with arenas to bring their interests to the attention of policymakers. In so doing, civil society organizations (CSOs) can support state policies, but can also criticize policies. This paper argues that most minority rights advocacy CSOs in the Baltic states have little say in the crafting of policy and are compartmentalized into the existing agendas, with only a few groups able to evaluate policies independently. It concludes that the Baltic civil society is weak because the CSOs working on minority issues ask policymakers either too much, or too little. The findings suggest that policymakers quell criticism of their work from the side of the CSOs by ignoring their activities. Alternatively, by funding the CSO that shores up the state agenda, policymakers delegate their responsibilities to civic actors, keep critical voices from public debates and claim that their policies have the full support of a vibrant civil society. This paper investigates the options available for civil society actors to relate to policymakers in a nationalizing state by drawing on the data collected in 77 semi-structured interviews with the CSOs working with Russian and Polish minorities in the Baltic states between 2006 and 2009. © 2011 Association for the Study of Nationalities.

Indigenising civil society : applying Ibn Khaldun’s asabiya concept on tribes in Iraq

After the US-led invasion of Iraq in 2003, civil society has become among the buzz words that are frequently used by local and international government and non-government institutions. However, the connotations of civil society were merely drawn from Western conceptions referring to formally organised types of institutions, like NGOs, unions and media. This paper argues that Muslim/Arab theories should also be tested in their original indigenous societies before generalisation of Western models. The Western conceptualisation overlooks the informal type of civil society organisations and excludes family and kinship ties from its equation. Indigenous social structures, i.e. tribes are key active player in the daily life of the Iraqi political, economic, social and cultural scenes. This study argues that the spirit of social solidarity drawn from Ibn Khaldun’s “asabiya” concepts as well as functions of civil society organisations are the bases for examining tribes in Iraq. Tribes have played significant roles in conflict management, peace-building, reconciliation, policy-formulation, advocacy, active citizenship and democratisation since 2003. The article concludes that, based on their sense of solidarity that is the impetus to functions, tribes are among the active civil society organisations in Iraq.

Sandcastles of hope? Civil society organizations and the working conditions of migrant farmworkers in North America

This research explores whether civil society organizations (CSOs) can contribute to more effectively regulating the working conditions of temporary migrant farmworkers in North America. This dissertation unfolds in five parts. The first part of the dissertation sets out the background context. The context includes the political economy of agriculture and temporary migrant labour more broadly. It also includes the political economy of the legal regulations that govern immigration and work relations. The second part of the research builds an analytical model for studying the operation of CSOs active in working with the migrant farmworker population. The purpose of the analytical framework is to make sense of real-world examples by providing categories for analysis and a means to get at the channels of influence that CSOs utilize to achieve their aims. To this end, the model incorporates the insights from three significant bodies of literature—regulatory studies, labour studies, and economic sociology. The third part of the dissertation suggests some key strategic issues that CSOs should consider when intervening to assist migrant farmworkers, and also proposes a series of hypotheses about how CSOs can participate in the regulatory process. The fourth part probes and extends these hypotheses by empirically investigating the operation of three CSOs that are currently active in assisting migrant farm workers in North America: the Agricultural Workers Alliance (Canada), Global Workers’ Justice Alliance (USA), and the Coalition of Immokalee Workers (USA). The fifth and final part draws together lessons from the empirical work and concluded that CSOs can fill gaps left by the waning power of actors, such as trade unions and labour inspectorates, as well as act in ways that these traditional actors can not.

The Civil Society Forum of the Eastern Partnership four years on: Progress, challenges and prospects. CEPS Special Report, January 2014

Established in 2009, during the Eastern Partnership Summit in Prague, the Eastern Partnership Civil Society Forum supports the development of civil society organisations from the EU-28 and the six Partnership countries, namely Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. After four years of operation, the Secretariat of the Forum’s Steering Committee commissioned CEPS to conduct a comprehensive evaluation of its programme. This report singles out the institutionalisation and socialisation inculcated among its members as the Forum’s greatest accomplishment. In contrast to its internal developments, it argues that the external policy successes of the Forum remain modest. This report is the first attempt to conduct an in-depth assessment of the Forum's Annual Assembly, the Steering Committee and its Secretariat, the Working Groups and National Platforms. Ten actionable recommendations are put forward aimed at improving the Civil Society Forum’s standing and performance.

Adjusting to institutional realities: the 2006 NGO law and its effects on civil society in Russia

Key findings: The paper investigates the impact that the legislative changes of 2006 had on civil society in Russia. This legislation has change the regulatory environment in which civil society actors such as Third Sector Organisations operate. Using the past development of civil society organisations as well as insights about how the institutional environment influences this article illustrates: - the undemocratic nature and motivation of the law and how it exploits the structural weaknesses of civil society - how Third Sector Organisations rationalise and translate the legislative changes into their organisational realities and how this changed or did not change their behaviour - the shift in state-civil society relations away from liberal co-existence into more hierarchical arrangements were Third Sector Organisations are subordinated to the state. These trends have far reaching implications for civil society. The empirical evidence shows that state now manages civil society to meet its own political ends. It also shows that organisations in the field welcome the more engage and directive nature of the Russian state. Why is this important? What does it mean for business or other users? Are there policy implications? The research is important as it shows how Third Sector Organisations have reacted to the legislative changes. Further it provides a basis for interpretation of the potential future development of civil society. Additional it highlights how the continuous process of democratisation in transition economies sometimes might come unstuck. In particular donor agencies will need to consider these trends when disturbing funding to Third Sector Organisations.