Compact on Partnership and Development between Public Authorities and Non-Governmental Organizations in the Kurdistan Region of Iraq

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In the name of God, the most gracious, the most merciful
In the name of the people
The Parliament of Kurdistan , Iraq

Decision Number (5) of the Year 2013
In accordance with the provisions of paragraph (1) of article (56 ) of Law Number (1) of
the year 199 2, as amended, the Parliament of Kurdistan decided in its ordinary session
number (30 ), held on 12 June 2013:
First : The Compact on Partnership and Development between Public Authorities and
Non -Governmental Organizations in the Kurdistan Region of Iraq is ratified.
Second : The relevant parties shall comply with it and implement it .
Third : The aforementioned Compact is annex ed to this decision and shall be effective
from the date of its issuance , and it shall be published in the Official Gazette ( Kurdistan
Proceedings ).

Dr. Arsalan Baiez
Speaker of the Parliament of Kurdistan, Iraq

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The Compact on Partnership and Development between Public Authorities and Non –
Governmental Organizations in the Kurdistan Region of Iraq

I. Preamble

This Compact is an agreem ent between the public authorities, represented by the legislative and
executive powers, and the Kurdistan Region of Iraq’s non -governmental organizations . The
Compact’s overall goal is to emphasize that all parties shall work effectively in partnership fo r a
stronger democracy, civil society, social stability, and good governance for the benefit of the
Kurdistan Region, its communities , and its citizens.

This Compact reflects the view that a cooperation policy is a fundamental stage in the relationship
be tween the l egislative powers , the executive powers and non -governmental organizations in
Kurdistan Region of Iraq. The public a uthorities and non -governmental organization s can achieve a
stronger and better relationship through a process of negotiation, as stipulated in Law Number (1)
of 2011 , the Law on Non -Governmental Organizations in the Kurdistan Region of Iraq .

This Compact is based on the understanding that for a developing and permanent democratic
system , the public sector must involve its citizens and non -governmental organization s in the
decision -making process.

This Compact defines:
 The mutually complementing roles of public authorities and non -governmental
organization s;
 The principles, objectives, and mech anisms of their cooperation;
 Prioriti es for cooperation, collaboration, and partnership; and
 Implementation and monitoring mechanism s.

This Compact recognizes that:
 Non -governmental organization s remain independent even if they receive funding from
public authorities;
 Non -governmental organi zations provide effective to the deve lopment of a democratic
society; and
 Non -governmental organizations have a right to conduct advocacy activities directed at
public authorities.

II. Statement of Representation

The public authorities ( the legislative and executive powers) and non -governmental organizations
developed the provisions of this Compact, and the Kurdistan Parliament ratified it on June 12,
2013 .

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III . Values and Principles

1. Equal Partnership
Public authorities and non -governmental organiz ations have complementary and equally
important roles in society. Non -governmental organizations recognize the role of public
authorities that are democratically elected, and public authorities commit to the right of citizens
and their associations to orga nize, set goals for themselves , and execute their activities within the
law. Both parties recognize the importance and the value of a positive relationship and a
productive partnership to achieve public interests more efficiently.

2. Independence
Non -gov ernmental organizations are free and independent to:
a. Establish and manage their affairs p ursuant to their organization statute s and bylaw, and in
accordance with Kurdistan Regional Government’s Law on Non -Governmental
Organization s in the Kurdistan Region of Iraq .
b. Implement activities, campaign, express their points of view, and comment on the policies
of public authorities , and to engage in any other civil and lawful activities and projects.
c. When non -governmental organizations receive allocations from publ ic budgets, restrictions
and terms of a political nature must be avoided, and must not affect their independence .

3. Transparency and Accountability
Concerning the activities and use of allocated resources, acting in the pub lic interests requires
openness and accountability from both public institutions and non -governmental organizations .
To establish transparency, both parties commit themselves to making data and information
accessible to public and media channels.

4. Equal Treatment
Non -governmental or ganizations and public authorities respect the principle s of equality and
liberty of all citizens and their associations to participate in publi c life. Both parties recognize:
a. The diversity of organizations, their perspectives , and goals;
b. The need to avoid disparaging and slandering other organizations, their opinions , or
persons operating therein.

5. Citizen Role s and Participation
The self -initiative and voluntary participation in public life of citizens is an integral part of a
democratic society. Non -governmental organizations are one of the channels for representing
different values and interests, including policymaking , and in the provision of appropriate services
in local communities.

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6. Effectiveness and Sustainability
The public authorities and non -governmental organizations commit themselves to their
undertakings for achieving the Compact goals, working for a lasting and sustainable partnership ,
and cooperation to achieve sustainable development, regardless of any political, economic or
social changes.

IV. Expected Goals for this Partnership, and the Required Commitments

Goal 1: Vivid Civil Society and Capable Non -Governmental Organizations
Undertakings for the public authorities:
1. Ensure an enhanced culture of citizenship.
2. The public authorit ies must ta ke the lead in organizing round tables and open dialogue to
highlight the importance of civil society and clarify the role of non -governmental
organizations in a democratic society, building bridges between non -governmental
organizations and the public authorities.
3. Provision of capacity building programs for non -governmental organizations according to
their needs and through a comprehensive plan.
4. Ensure a functioning support system for civic initiative, including consulting and training
opportunit ies that would also be available for newly -established organizations in order to
assist them with their capacity and capability to deliver positive outcomes.
5. Ensure that non -governmental organization projects are supported and provided with
financial and m otivational resources in a professional and fair manner in order to achieve
public goals.
6. Put in place a system for the electronic r egistration of non -governmental organizations .
7. Ensure transparency by providing access to data and information, and making d ata and
information more accessible, in a way that enables non -governmental organizations ,
citizens, and the media to challenge existing policies and provision of services, and hold
public authorities to account.
8. Consider a range of ways to support non -gov ernmental organizations such as enabling
access to state owned premises, venues, and resources.
Undertakings for the non -governmental organizations :
1. Develop programs and projects for the enhancement of a culture of citizenship.
2. Organize dialogues around co ncepts such as democracy, citizenship, civil society,
transparency, accountability, citizen participation in public issues .
3. Consistently pursue skilled and unique actions, professionalism and perfection in order to
achieve better results in their work .
4. Com mit themselves to constant learning, develo ping a clear mission, specific achievable
goals, and accountabil ity mechanisms in order to increase the citizen’s understanding and
trust in non -governmental organizations .

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5. Promote and inform their supporte rs, mem bers, employees, project beneficiaries , and
citizens of mutual co -operation principles ( between non -governmental organizations and
citizens), priorities of action , and good practices.
6. Commitment to respect the right of individuals within non -governmental o rganizations and
to conform to the principles of democracy in managing the organizations.

Goal 2: Active Participation in Policymaking
Undertakings for the public authorities:
1. To institutionalize citizen participation in policymaking in the parliament and the
government.
2. The Kurdistan Parliament shall consult non -governmental organizations on making and
developing public policies via different channels.
3. The members of parliament will adopt the principle of open sessions for the public in their
communitie s, organizing public meetings to discuss public policies.
4. To enhance the competences of specialized research centers in order to enable them to
contribute to consultations and research in public policy.
5. Passing a law that gives the right to information, an d putting in place mechanisms needed
for its implementation.
6. Ensure access to transparent and easily accessible communication channels to inform
relevant parties and the public.
7. Rapid response to the initiatives coming from non -governmental organizations .
8. Ensure proper opportunities where non -governmental organizations are able to appoint
their representatives to open bodies and committees, and to respect the authority given to
these representatives.
9. Acknowledge that no single organization or network has t he power to represent all
organizations and networks in Kurdistan.
10. Work with non -governmental organizations from the earliest possible stage to design
policies. Ensure those likely to have a view are involved from the start and remove barriers
that may pre vent organizations from contributing .
11. Give early notice of forthcoming dialogues and consultations, allowing necessary time for
non -governmental organizations to involve their stakeholders in preparing responses .
12. Feedback and comments mu st be collected to explain how respondents have influenced the
development of policies, including where respondents’ views have not been acted upon or
have not been subject to follow -up.
13. Conduct formal written consultations with non -governmental organizations , or any other
type of consultation, and provid e clear explanations and rationale for the decision s made.
Undertakings for the non -governmental organizations:
1. Campaign, advocate , and lobby to ensure that mechanisms for non -governmental
organization consultation on public po licies are in place and applied in the parliam ent and
in the executive bodies.
2. Provide support and respond to government consultations where appropriate .

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3. Seek the views of members, beneficiaries, service users, volunteers, and trustees when
making repres entation s to public authorities. Be clear on who is being represented (in a
professional and scientific way), in what capacity, and on what basis that representation is
being made .
4. When putting forward ideas and suggestions, focus on evidence -based solutio ns, with clear
proposals for positive outcomes, and within the agreed time schedule .
5. Support cooperation between different non -governmental organization s, at the same time
accepting and respecting other non -governmental organizations ’ opinions .
6. Ensure that independence of organizations is upheld, focusing on the cause represented,
regardless of any relationship they have with the public authorities, financial or otherwise .

Goal 3: Sustainable funding for Civic I nitiative s
Undertakings for the public author ities:
1. Consider a wide range of ways to fund or resource non -governmental organization projects,
including grants, co ntracts, loan finance, and the use of premises and public services. W ork
to remove barriers that may prevent non -governmental organizations , especially smaller
organizations, from accessing public funding.
2. Establishing a fund to support and fund non -governmental organization projects; this shall
be regulated by a law.
3. Ensure well -managed and transparent processes of calling for proposals , whi ch are
proportionate and adjusted to the desired objectives and outcomes of the program.
4. Ensure transparency by providing a clear rationale for all funding decisions. Consider
providing feedback and justifications to applicants in cases when their funding application s
are turned down.
5. Agree with non -governmental organizations how activities and outcomes will be followed –
up on and monitored before a contract or funding agreement is made . Ensure that
monitoring and reporting is relevant and proportionate to t he nature and size of the
opportunity. Be clear about what information is being asked for, and why and how it will be
used. Recognize and accept to cover the relevant administrative costs when non –
governmental organizations apply for a grant.
6. Elaborate and devise appropriate instructions on the use of necessary monetary and non –
monetary resources allocated from public funds, how they are used, and how to report and
control them .
7. Develop a tax system that supports civic initiative and charity in order to rai se the interest of
the private sector to support non -profit activities.
8. Ensure that non -governmental organizations are not prevented from strengthening their
economic basis by pursuing legal activities .
9. Financing the non -governmental organizations ’ project from the Kurdistan Region b udget
and different ministries’ revenues and revenues of any other public body in the Region with
competence in the subject areas .

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10. Ensure consultations with non -governmental organizations and their participation in
draftin g regu lations and instructions as well as participation of non -governmental
organizations in project evaluation committees (conflict of interests should be considered) .
Undertakings for the non -governmental organizations:
1. Ensure that allocated resources are use d for the ir intended purpose and i n an efficient
manner in order to achieve the set goals.
2. Ensure eligibility for receiving funds before applying, and be explicit about how outcomes
will be achieved .
3. Ensure governance arrangements and regulations on risk managem ent are relevant and in
line with achieving desired outcomes in the best possible ways, such as providing funders
early notice of significant changes in circumstances .
4. Be open and transparent about reporting, and recognize that auditing process es , whether
internal or external, are an aspect of good management practice.
5. Non -governmental organizations must give public recognition of its funding sources.

Goal 4: Responsive and High -Quality Services
Undertakings for the public authorities :
1. Elaborate and make publ ic the principles of outsourcing public services to non –
governmental organizations .
2. Commit to long -term project funding, as it is the best way to deliver outcomes. The funding
term should reflect the time it will take to deliver the outcome. If long -term funding is not
applicable, authorities can refuse to provide fund s and explain why this decision has been
taken .
3. If a service is encountering obstacles and problems, agree with the non -governmental
organization on a timetable of actions to improve imple mentation before making a decision
to end the financial relationship.
4. Criteria and standards for ending funds must be specific and clear to non -governmental
organizations .
5. Assess the impact of ending funds on beneficiaries, service users, and volunteer s before
deciding to reduce or end funding, and consider the possibility of re allocat ing funds to
another similar organization serving the same group.
6. Give notice in writing when changing or ending a funding relationship or other support,
taking into considerat ion the nature of the project and the project duration .
7. Use the means at their disposal to involve non -governmental organizations and
communities .
Undertakings for the non -governmental organizations:
1. Plan for the possibility of the suspension/end of fu nding to reduce any potential negative
impact on beneficiaries and the organization .
2. Involve users and beneficiaries of the services in developing and implementing the services’
plans to better respond to their needs .
3. Use all the means for involving vol unteers and communities into provision of services.

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4. Strengthen communications between authorities and non -governmental organizations
when providing services .

V. Implementation and M onitoring Structure

1. The Compact parties are responsible for implementatio n and monitoring of the Compact.
2. The Government mandates a body or department for cooperation on the implementation
of the Compact according to its area of competence.
3. The responsible body or department shall work annually on developing a plan for the
implementation of the Compact , engaging the Parliament and non -governmental
organizat ions to do so .
4. Every other year a joint committee will be formed between the Parliament, government and
non -governmental organizations for monitoring the implementation of the Compact and it s
action plans. The committee shall convene three times a year and publish an annual public
report.
5. The responsible body or department, in consultation with Parliament and non –
governmental organizations , shall devise proper mechanism s to specify the num ber and the
specific representatives of the non -governmental organizations in the committee.
6. The Parliament shall convene every other year for a public session to discuss
implementation of the Compact and the development of the civil society.
7. The amendment or termination of this Compact can be made by the Compact parties,
following the same process of its ratification . Any proposal for suggested amendments
m ust be prep ared by Compact parties jointly and be ratified by Parliament.
8. Non -governmenta l organizations and representatives from civil society that were not part
of the development and ratification of this Compact may participate after its ratification.
9. The Compact parties will work on expanding the Compact in a way that embraces other
components of c ivil society.

This unofficial translation and publication, as well as the overall process of developing the Compact on
Partnership and Development between Public Authorities and Non -Governmental Organizations in the
Kurdistan Region of Iraq , has been supported by a project implemented by the United Nations Office for
Project Services (UNOPS) and funded by the Government of Denmark.