How NGOs work (maybe)

[Jamie Palisades]

Several of our current projects require some thought about how CDS works with nongovernmental organizations.

We have several, including MoCA, the Guild and the Monastery. They often have effects on our land use, or substantial quasi-public buildings of their own, as noted here:
http://forums.slcds.info/viewtopic.php? ... 55&p=11872

I have not yet found a clear statement in our laws about how NGOs generally must be established.
It seems clear that they require some kind of government recognition. Some are explicitly chartered:
MoCA originally in NL 4-12, and the (new) Guild originally in NL 6-2. MoCA was originally designed as a "private group" to take over the Museum in NFS from the (old) Guild, see NL 3-6, which was originally intended to be a 'contract with the City' arrangement but evolved eventually a charter plus a contract.

The Monastery NGO, on the other hand, exists and was set up to administer the Alpine Meadows Monastery (which often acts as a museum and exhibit space as well), but does not seem to have an RA-approved charter. However, it was approved implicitly by its inclusion in the final parcel map for AM, and was obviously contemplated by the planning: http://forums.slcds.info/viewtopic.php? ... 5&start=52

Do we need a rule that NGOs can only be created by RA act? Do we already have such a rule?

Financial arrangements also might vary among NGOs. The Guild and Monastery NGOs pay standard CDS rental tier for their parcels. Apparently the MoCA NGO does as well, under NL 4-13, though that started as a free-rent arrangement.

I have not yet found a rule in our laws that sets minimum membership, access or transparency requirements for NGOs. Of course, if the RA approves every charter individually, those issues may be addressed there, each time. But for comparison, note the open process rules that apply to all Citizen Commissions in NL 5-21: http://www.aliasi.us/nburgwiki/tiki-ind ... ge=NL+5-21

Other views and corrections welcome.
Regards Jamie P

[Patroklus Murakami]

We don't have a rule that NGOs should be created by an act of the RA. I think that would be an undesirable rule to hold. After all, we're talking about *non* governmental organisations The idea that they should have prior government approval seems rather limiting. The UDHR, which we all subscribe to, guarantees freedom of association. If any citizen wants to start an NGO - to lobby the government on green issues; to campaign for lower tier and reduced government spending; to propose the establishment of a monarchy - it's their right to do so and the RA cannot stop them and has no right to consider doing so. (I'm sure that's not what you intended Jamie but that's where it leads if you contemplate 'a rule that NGOs can only be created by RA act').

We've muddied the waters somewhat by 'chartering' some NGOs, especially where these provide services for the community in some way e.g. MoCA, New Guild. I take a somewhat purist approach to these matters (unlike other members of the CSDF who disagree with me on this) in that I oppose chartering *all* NGOs I think they should all be independent, self-running organisations with no formal ties to the state. When I set up the CDS Traders' Association I did so independently of the government institutions. If there is to be a thriving civil society in the CDS we need more organisations that operate independently of government like we have in real life - Chambers of Commerce, religious organisations, charities, lobby groups, amateur dramatics, schools, book clubs etc. I'm all for the RA encouraging the growth of NGOs and supporting their development but let's resist this temptation to make everything an arm of the state! It's unhealthy.

Now, there are a separate set of questions regarding rental fees and NGOs. I'll post on that at greater length in response to Arria's request in the other thread. The key question for the CDS is "Who pays for this?" If we are to provide a lower rental for NGOs then that has to be recovered by increasing tier fees for everybody else. I think there may be a case for that but we need to acknowledge that a subsidy for one is only met by someone else paying for it. We should attempt to find out whether people are indeed happy to do that.

[Sudane Erato]

Now, there are a separate set of questions regarding rental fees and NGOs.

Yes. As we pursue this conversation, let's remember that the NGO's mentioned, MoCA, NG, and Monastery, all pay tier on their land at the same rates and in the same fashion as any private citizen. "BUT*, unlike a private citizen, they draw from the public prim bank for their builds and programs. It is my belief that the underlying standard of value in SL is not sqaure meters of land, but rather prims. (We think of it as land, but land is associted with prims, and the number of prims available per unit of land can be manipulated. The number of prims available per sim cannot.) Therefore, these chartered NGOs, at least, are in fact subsidized from the public coffer.

Sudane...........................

[Jamie Palisades]

Thanks - this is great feedback and exactly what I was hoping for.
Jamie P

[Arria Perreault]

"BUT*, unlike a private citizen, they draw from the public prim bank for their builds and programs. .

I am almost sure that Monastery has a normal plot with the normal number of prims, like any other AM plot. Maybe someone can confirm.

[Sudane Erato]

I am almost sure that Monastery has a normal plot with the normal number of prims, like any other AM plot. Maybe someone can confirm.

Well, this could be. But if the Monastery wished to mount an exhibition requiring a lot more prims than it had, or for any other reason, it would be entirely consistent with CDS past practice to lend prims from the Land Verwaltung prims on AM that might be available.

Of course, in order to do this, the Monastery will have to deed its land to Land Verwaltung, like the other NGO's have done.

Sudane.............................

[Arria Perreault]

Until now we had enough prims for our activities and we will not ask for prims when we have our own void sim. So my proposal to encourage Monastery activities as NGO (state-approved NGO) is described here:

http://forums.slcds.info/viewtopic.php? ... 069#p11931

[Jamie Palisades]

Comments from Arria, Patroklus, Jon and Sudane have helped sharpen my understnading a bit. I think we need a framework that will apply to all CDS NGOs. Here are some possible parameters:

1. Any group can form and operate within CDS and its community as a private entity. Subject to #2, it's none of the sim government's business.

2. Of course, any such group and its individuals must comply with our laws or face consequences under our laws. That might result, for example, in someone not being able to own land in or hold citizenship in CDS.

3. CDS may wish to consider an extension of #2: a rule that groups and persons operating in CDS and citizens of CDS not use a name that falsely claims governmental or NGO authority. So for example, we might not want to sanction a local private group who calls itself "the Guild" or "the Scientific Council." That would require legislation, I think.

4. Private groups require no sanction and are not "NGOs" in the traditional sense of the word: they require and receive no special assistance from the sim government. But, like private citizens, they can work with the government. So for example, the non-NGO CDS football club ran last year's tournament with Caledon and used the NFS football facility under the Marktplatz. Whether it's group or an avatar in charge seem irrelevant -- we will permit reasonable one-time uses either way, I'd expect. For a special (hypothetical) Gwyn Llewellyn birthday party event in the NFS Kirche, for example, our laws should not care whether we permit it to be done by Gwyneth Llewellyn personally, or by the SL Group "Gwyneth Llewellyn Fan Club". No "NGO" issues arise if it's a group.

5. A group who seeks official NGO recognition from us is doing so because they do wish some special persistent arrangement with the sim government. Here are examples:
a. Any special terms on CDS land, including price differences or special use of of community prim banks.
b. A legislated advisory role to a branch of the sim government,
c. The right to have/control its own designated web posting content within official CDS resources.

(As I recall: MoCA and Guild have (a) today. Guild has (b) today and the Chamber of Commerce is proposed to do so as well. Guild and Monastery have (c) today.)

6. If a group wants that recognized status, CDS can impose requirements on them as a condition. Here are some that we might consider, as they've been raised once or more already:
a. Charter should be presented for review to the RA. (Not necessarily approved -- but at least, if the CDS government does business with the, we ought to know what their ground rules are.)
b. Charter should be posted publically.
c. Rights within the group should be nondiscriminatory. This may mean all CDS citizens are permitted to participate, or that any limits on participation must be closely related to qualifications relevant to the group's purpose. (Examples: the Guild Faculty, arguably, is based on building expert qualifications. The proposed Chamber of Commerce might give voting status on all issues or (as with the Guild's 'faculty' subset) some issues only to persons engaged in what our legislation describes as commerce.
d. Group must comply with CDS laws. (Thus for example it also cannot be discriminatory in the UDHR sense of the word.)
e. Meetings should be open and results posted publicly.
f. Minimum membership? (Some NGOs have, others do not.)
g. Group's rights in SL assets are controlled by a known SL avatar group.
h. The NGO's purpose is to promote some public benefit relevant to CDS and its citizens.

It would be possible to write legislation that applies all, or some, of the items in para 6 to all groups who receive or seek any of the benefits in para 5.

Regards Jamie P

[Sudane Erato]

Jamie, I wonder if you should also add to the requirement for NGO status a provision similiar to a RL not-for-profit, that its financial statements be public information.

Sudane...........................