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Governance for equitable development
A joint EU/UNDP programme to strengthen rule of law and enhance civil society participation in China
14 May 2007, Beijing— The European Union (EU) and the United Nations Development Programme (UNDP) signed an agreement today to support a large-scale initiative aimed at strengthening rule of law and enhancing civil society participation in China.
 Entitled “Governance for Equitable Development,” the four-year, US$10.5 million, equivalent to EUR€8.08 million, programme is the first comprehensive initiative of its type, simultaneously addressing key issues and concerns in three arenas: law making through the National People’s Congress (NPC), the judicial process through the Supreme People’s Court (SPC) and civil participation through the Ministry of Civil Affairs (MoCA) and civil society organisations (CSOs) in China.
“While China has enjoyed remarkable economic growth and much improved living standards in past decades, social inequality, corruption, and inadequate law enforcement have created severe barriers for vulnerable groups,” said Khalid Malik, UN Resident Coordinator and UNDP Resident Representative in China, at the signing event.
“In an effort to address these issues, this agreement formalizes an unprecedented large scale initiative bringing together key development partners to work together on a bold and innovative programme aimed to improve access to justice and law making systems while broadening the capacities and involvement of civil society in the public sphere,” said Malik.
 “For development to be sustainable it must have a solid institutional basis, guaranteeing, among other things, transparency and inclusiveness in decision-making and a strong and impartial judicial system,” said Dr. Michael Pulch, Deputy Head of the EU Delegation to China.
“Strategies that address these issues in isolation from each other can only have a limited impact. This programme will therefore follow an integrated approach,” Dr. Pulch added.
Notably, nearly half of the programme’s budget will be devoted to developing a more enabling legal framework for CSOs in China and improving their dialogue with government agencies and other social actors. Through the programme, MoCA will continue to reform and streamline the registration process for CSOs – traditionally one of the greatest obstacles for NGOs seeking legal status in China. Coordination and communication among CSOs and between CSOs and the government will also be improved through setting up a national CSO association. The programme will raise awareness of CSO work at the national and grassroots levels and help reform related laws, regulations and policies.
Malik stressed that the programme is part of an ongoing shift in the relations between the government and CSOs in China. “Increasingly, the government recognizes the strengths of CSOs or non-governmental organizations (NGOs) in reaching out to disadvantaged groups, especially in areas such as reducing poverty, addressing environmental challenges, and preventing and building awareness on HIV/AIDS,” he said.
Equally important, this joint initiative will assist the SPC in various policy and legal reforms aimed at creating a more transparent and equitable legal system in China. For example, it will help SPC enhance the legal channels for plaintiffs seeking compensation for crimes and rights violations.
It will sponsor training workshops and international and inter-provincial study tours for legal professionals to further strengthen the capacity of the judiciary. The programme will also address the process of appointing judicial officials and the publicising of judicial.
Furthermore, the programme will help the NPC’s Legal Affairs Committee enhance public participation in the law drafting process to create an even more transparent, democratic and inclusive legislative system.
Background
The EU and UNDP have a history of supporting legal and judicial reforms in China. In the past, the EU has sponsored training courses and study tours to Europe for Chinese legal professionals and supported lawyers and legal aid centres in dealing with emerging legal issues. The EU is currently preparing an “Europe-China School of Law” focusing on European, international and comparative law.
UNDP’s projects span a number of areas including legal systems and criminal justice reform, protecting rights for people with disabilities, anti-corruption efforts, and promotion of democratic governance in urban communities. UNDP also recognizes civil society’s increasing importance in confronting China’s development challenges and has recently scaled up its partnerships with CSOs. UNDP sponsors projects promoting women’s political participation at grassroots levels, providing free legal aid services for migrant workers, and helping protect biodiversity – all in conjunction with civil society partners.
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