The association of citizens and their involvement in decision-making and policy-making in Serbia is relatively favorably regulated by law, despite certain shortcomings. The key status laws that enable more favorable establishment and operation of citizens’ associations were adopted at the beginning of the analyzed period, i.e. 2009-2010. After the adoption of these laws, the number of established citizens’ associations grew. According to the data of the Business Registers Agency, 34,093 associations and 927 endowments and foundations are officially registered in Serbia. The largest number of these organizations, as many as 2/3, were founded after 2010, that is after the adoption of the Law on Associations.

Despite this, in practice we mostly see disinterested, passive and obedient citizens who rarely engage in civic activism. On the other hand, in the last few years there has been an expansion of social movements and civic initiatives that bring critical voices within civil society and provide hope for the possibility for development of the necessary pluralism.

Graph 1: Associations by year of establishment

On one hand there is a relatively democratic legal framework for citizens’ associations that encourages action in civil society. On the other hand, the analysis shows that limited financial resources and the state policy of control, conditioning and holding the interests of the ruling parties above all else significantly channel the activities of organizations and essentially restrict the freedom of association.

The activities of civil society in Serbia are largely determined by the changes after October 5th, the democratic transition and the support and direction of international donors in the first years after 2000. Regarding the democratic environment for civil society in Serbia, two trends can be seen in the analyzed period. The first is the trend of easing the formal conditions for the organization and operation of civil society organizations from 2009 to 2012 and the consequent increase in the number of registered associations. In this period, the most influential and most visible part of civil society are non-governmental organizations that strive to cooperate with the state, limit its power and provide replacements for many state functions, especially in the field of social protection.

The second trend has been evident since 2014, when due to the collapse of democracy, the opportunities for free and independent action of civil society organizations decreased. This applies in particular to civil society activities related to monitoring the work of public institutions and advocating for public policies. During this period, new social movements and civic initiatives that were critical of the authorities and the way politics was conducted in the country began to emerge (again).

Graph 2: Trust in the work of unions in %

In reality, civil society has very little influence on creating policies and regulations. Formal mechanisms aimed at involving the civil society in those processes merely feign democracy, instead of improving communication and cooperation. The government can’t take criticism and conducts smear campaigns against civil society actors that in any way try to stand up to its authoritarian tendencies, or advocate for human rights and democratic governing. Simultaneously, the governing parties go out of their way to create their own NGOs for the purpose of abusing the means from the state budget allocated for the civil society, as well as invalidating critics and faking public support.

More over, a critical look at the civil society organizations (CSO) reveals that they are not open enough and lack in communication with citizens. Many CSOs don’t have a clear idea whose interests or views they represent, nor do they show a need to change their approach to communication with citizens. Numerous studies have shown that citizens do not believe that these organizations have the power, capacity or desire to actually influence the resolving of issues important to citizens.

Trends

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CIVIL SOCIETY

Improving the legal framework for the establishment and operation of citizens' associations

Grade

Positive

In the period from 2009 to 2012, key laws were passed for the functioning of citizens' associations, which facilitated their registration, project financing and enabled the free establishment of endowments, foundations and funds. Volunteering is being introduced into the Serbian legal system for the first time. After the adoption of key status laws in this area, there is an expansion of the civil sector - as many as two thirds of civil society organizations in Serbia were established after 2010, i.e. after the adoption of the Law on Associations.

CIVIL SOCIETY

Reduction of freedoms and opportunities for independent action of civil society

Grade

Negative

Civil society in Serbia operates in an increasingly unfavorable environment, especially after 2014. The state policy of controlling, conditioning and imposing the interests of the ruling party shapes the space for civil society to act. Direct attacks by the authorities on civil society activists involved in information, democratization, advocacy, human rights and transitional justice became more intense and direct during this period. Financial controls, arrests, defamations and accusations against activists in the state media are some of the increasingly frequent mechanisms for dealing with critical and state-independent voices.

CIVIL SOCIETY

Less and less space for the influence of civil society on decision making

Grade

Negative

After the election in 2014, the already limited possibilities of the influence of civil society on decision-making are further reduced. Ministries or parliamentary committees rarely organize public debates and hearings, and even when they do, invitations are sent to selected organizations or too late for adequate preparation and constructive participation, and comments and recommendations are ignored. Cooperation between the civil sector and the state is most often reduced to budget financing of CSO activities, which further contributes to a more cooperative approach of these organizations to the state.

CIVIL SOCIETY

Increasing the number and role of pro-governmental NGOs

Grade

Negative

As most citizens' associations are financed from public sources, the activities of civil society are significantly directed towards and dependent on the state. In recent years, it has become noticeable that only those associations that publicly support the government or at least do not threaten / criticize it in any way can count on budget funds intended for civil society. The government and the ruling parties are increasingly establishing loyal citizens' associations (GONGO and PONGO). These organizations serve to create the illusion of democracy, support the authorities and invalidate critical voices.

Recommendations

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CIVIL SOCIETY

Encourage the involvement of civil society in the decision-making process

Today, the communication between state institutions and civil society is virtually non-existent. It is necessary to improve upon that. It is recommended to return to the practice of organizing regular public debates and public hearings.

That can be ensured by making amendments to regulations that would introduce mandatory public debates when drafting strategic documents, specifying rules and procedures for organizing public debates and public hearings, and obligating the National Assembly to initiate debates on draft laws submitted by citizens.

CIVIL SOCIETY

Stop attacks on associations and movements dealing with democratization and human rights

CSOs and their activists are receiving threatening letters and police summons, as well as public threats calling them foreign mercenaries, traitors.

All this is strongly supported by tabloids close to the authorities. The authorities either do not react to these threats or are very slow in their reaction. This practice needs to end, by establishing the rule of law and guaranteeing free and independent action of citizens in the civil sphere.

CIVIL SOCIETY

Prevent abuses in the financing of civil society activities from public sources

In civil society, there is a growing polarization due to the growing number of GONGOs. The ruling parties, through these organizations, are increasingly abusing budget funds intended for civil society.

There is a need for more transparent allocation of funds and more precise and clear criteria for their allocation, as well as prevention of abuse of rights and roles intended for civil society by CSOs close to the authorities.

CIVIL SOCIETY

Improve communication of CSOs with citizens and encourage greater involvement of citizens in civil society activities

Citizens are apathetic and disinterested in taking part of civil society, which can be explained at least in part by the subservient political culture, economic uncertainty, learned reliance on the state, and lack of capacity and free time.

In addition, NGOs are mostly donor-oriented. This means that there is very little connection to citizens and no mutual trust. On the other hand, there are more and more civic initiatives coming from below, but they are mostly of a local character with small capacities and opportunities to address a wider audience (partly due to media control). Educating citizens for democracy, better communication and more direct contact of CSOs with citizens while guaranteeing media freedom are necessary steps towards overcoming this situation. It is necessary to encourage civic activism and the involvement of citizens in the activities of civil society.

Civil Society

Jelena Lončar

Trends

Improving the legal framework for the establishment and operation of citizens' associations

Reduction of freedoms and opportunities for independent action of civil society

Less and less space for the influence of civil society on decision making

Increasing the number and role of pro-governmental NGOs

Recommendations

Encourage the involvement of civil society in the decision-making process

Stop attacks on associations and movements dealing with democratization and human rights

Prevent abuses in the financing of civil society activities from public sources

Improve communication of CSOs with citizens and encourage greater involvement of citizens in civil society activities

Media and Democracy

Class inequalities and Democracy