David Johnston (WA, Liberal Party, Shadow Minister for Defence) Share this | Link to this | Hansard source

asked the Minister for Foreign Affairs, upon notice, on 17 August 2012:

In respect of the formulation of AusAID's Community Society Engagement Framework (CSEF):

(a)   what

  (i)   analysis was undertaken, and

  (ii)   legal advice was sought, by AusAID to ensure that the CSEF is compliant with Australia's international and treaty obligations

(b)   when was the legal advice in part (a)

  (iii)   sought and obtained, and

(c) what consultation process did AusAID undertake with

  (i)     Australian Government, and

  (ii) international government agencies.

Bob Carr (NSW, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

The answer to the honourable senator's question is as follows:

(a)   AusAID's Civil Society Engagement Framework addresses commitments made in the Australian Government's aid policy An Effective Aid Program for Australia: Making a difference—delivering real results. The Framework is an overarching policy statement that sets out, among other things, how Australia will work more effectively with civil society organisations in Australia and overseas to increase the impact of aid for the world's poorest.

  (i)   In formulating the Framework, AusAID drew on a range of sources including the National Compact between the Australian Government and the not-for-profit sector, AusAID's Head Agreement with Australian non-government organisations, the Australian Council for International Development's Code of Conduct and the Office of Development Effectiveness' report Working Beyond Government: Evaluation of AusAID's engagement with civil society in developing countries.

  (ii)   Legal advice was not sought by AusAID in the formulation of the Civil Society Engagement Framework because it is an overarching statement of purpose and strategy for the Government to broaden and strengthen ties with civil society organisations. Compliance with international and treaty obligations is built in to all AusAID agreements with NGOs, which follow the Commonwealth Procurement Rules and the Commonwealth Grant Guidelines. Legal advice is sought on all AusAID contract and grant agreements with NGOs, including advice on whether the organisation is listed as a terrorist organisation under Australian law or under UN regulations.

(b)   See (a) (ii) above.

(c)   AusAID conducted a broad consultation process during the development phase of the Civil Society Engagement Framework. The draft Framework was made available on AusAID's website for public consultation in March 2012. Nineteen submissions were received.

  (i)   The Framework draws on whole-of-Government policy statements, including the National Compact between the Australian Government and the not-for-profit sector and An Effective Aid Program for Australia.

  (ii)   AusAID discussed the draft Framework with donors including the United Kingdom's Department for International Development (DFID) and the Canadian International Development Agency (CIDA). The Framework was informed by the Organisation for Economic Co-operation and Development—Development Assistance Committee's How Development Assistance Committee Members Work with Civil Society Organisations report and the Office of Development Effectiveness' Working Beyond Government report.