Civil-Society Laws Have a Major Effect

To the Editor:

In his opinion piece “Global ‘Civil Society’: Not Inevitable” (January 13), Leslie Lenkowsky states that the development of civil society “is not just a matter of laws and organizations that are relatively easy to create.” Although much of what Mr. Lenkowsky says is on the right track, this statement is dead wrong — at least if he is suggesting that it is easy to get good laws for civil society enacted.

The International Center for Not-for-Profit Law, of which I am president, works globally to create a sound, enabling environment for civil society and the freedom of association, and I can assure you that doing so is very challenging. In most developing and transition countries, the existing laws for civil society are one of the major inhibitors to the development of civil society, as the World Bank has confirmed through independent studies.

In Central and Eastern Europe and the former Soviet Union, to which Mr. Lenkowsky makes specific reference, the laws of many of the countries continue to restrict the freedom of civil society even 10 years after the fall of the Berlin Wall. The international-law center has over a dozen lawyers working full time in this region and has had many successes. For example, the center has played a significant role in the enactment, or favorable amendment, of at least 21 laws affecting nongovernmental organizations and has helped to prevent the adoption of at least 11 bad laws.

As Mr. Lenkowsky rightly notes, good laws are not a sufficient condition for the creation of civil society — but they are a necessary one. Creating a good legal environment in any country requires educating leading government and political figures about the importance and value of civil society, and overcoming their fears of it. This requires a lengthy process of persuasion, not just simple law drafting.

The task is difficult. The work has begun, but there is a long way to go. We hope that Mr. Lenkowsky and other leaders in the sector will come to realize the importance of laws to the development of civil society and support further efforts to improve them.

Leon E. Irish
President
International Center for Not-for-Profit Law
Washington