چالش تنظیم گری در حکمرانی امر خیر و داوطلبانه
آرشیو
چکیده
بخش سوم اجتماعی شامل فعالیت گروه ها و مؤسسات غیردولتی اجتماعی در اشکال مختلف آن، ازجمله در حوزه نیکوکاری و فعالیت های داوطلبانه است؛ این بخش نقش مهمی در توسعه یک جامعه و حل مسائل اجتماعی آن دارد. در عین حال، اثربخشی مناسب این مؤسسات در جهت مشارکت اجتماعی و ایفای مسئولیت اجتماعی افراد جامعه، وقتی به دست می آید که رویه های حکمرانی و سیاست گذاری مناسب در کشور وجود داشته باشد. در جامعه ایران که نیکوکاری و کار داوطلبانه پیشینه تاریخی طولانی دارد و نیز نهادهای حاکمیتی تلاش می کنند به سهم خود نقش هرچه بیشتری در صدور مجوز، نظارت و هدایت فعالیت های بخش غیردولتی اجتماعی و جلب مشارکت آنها داشته باشند، تنظیم گری و ایجاد رویه هماهنگ بین فعالیت ها و برنامه های سازمان های حاکمیتی مسئله ای بسیار مهم و یک ضرورت جدی است. در این پژوهش با تشریح انواع مؤسسات اجتماعی غیردولتی و مقایسه ماهیت آنها و براساس توصیفِ وضعیت فعلی در نوع برنامه ها و سیاست های موجود از سوی سازمان های مختلف حاکمیتی، به تحلیل مسائل و چالش های موجود در حوزه تنظیم گری در حوزه سیاست گذاری امر خیر و داوطلبانه پرداخته شده است. درنهایت، براساس یافته های حاصل از این تحلیل، پیشنهادهای عملی برای اصلاح رویه های حکمرانی ارائه شده اند.The Challenge of Regulation in the Governance of Charity and Voluntary Affairs
Introduction Social participation, as one of the main pillars of social capital, plays an important role in the development of a society; But the policy-making method and governance procedures in the field of promoting and stabilizing social participation in various economic, social, cultural, and political affairs can seriously affect the results of the type of use of social participation capacity in society. What is important beyond the essence of paying attention to social participation in various affairs in a society, is how to deal with it, policy-making, and establishment of a good governance system in it. Although participation in social affairs is not a sovereign category in general, the role of governments, especially based on the fact that they can impose restrictions on the type and direction of this participation through legislation, determining procedures, and issuing licenses, is very important and fundamental. What is discussed in this article refers to this issue. In our country, good deed in the sense of "charity " and "voluntary humanitarian action for the benefit of another and without looking at one's own benefit", has a very long history. Various models of good work and charity to respond to various social needs have existed in Iranian society for centuries and even before the establishment of the modern government, and have responded to an important part of social needs. But from a specific point in time with the establishment of the modern government in Iran, a specific law for granting licenses to charitable institutions was also approved and implemented. Considering the above problem, the main and basic question of this article is "What are the main regulatory challenges in the governance of charity and volunteering?" Based on this, the answer to another important question will also be considered: "What is the appropriate solution to face these challenges and solve them?" The Theoretical background of the subject Non-governmental social institutions must have two minimum and mandatory characteristics in their statutes and goals: to be 1- non-governmental and 2- non-political. At the same time, there are considerations in terms of economic activity and income sources of institutions. Based on this, four types of institutions that can operate in the non-governmental social sphere can be defined: Non-profit non-commercial institutions: These types of institutions/organizations are actually the ones known as non-governmental organizations (NGOs) and charities. These institutions or social organizations are active to solve a social problem, meet the needs of some groups of society and reduce their sufferings, improve their welfare and social status, and so on. But they cannot share the benefits of their activities among their members like commercial companies. For-profit non-commercial organization: This type of social organization, which is set up with the aim of providing a type of social service to the target groups, does not have any restrictions for making a profit and reaching profit to its members or managers. Non-profit commercial institutions: These types of institutions, which are very few in the country and at the same time mostly face the lack of official regulations, include an important part of social actors who, although produce and sell a commercial product, their purpose is not to distribute profit to members. Social entrepreneurship models in the special sense of the word are included in these institutions. For-profit commercial institutions: These types include profitable economic enterprises that, except through fulfilling the social responsibility of economic enterprises, which is an activity on the sidelines of their main activity and not the main nature of the institution itself, their goals and activities generally do not have a social aspect in terms of the concept of public good and volunteering from the path of social participation. Research findings In analyzing the state of governance of voluntary work in general, or in other words, "charity and voluntary work", we must first look at the executive bodies and government organizations that issue licenses to non-governmental social institutions. These organizations include, currently, the General Police Command (through the Information and Security Police Organization), the Endowment and Charity Organization, the Welfare Organization, the Ministry of Interior, the Ministry of Sports and Youth, the Islamic Propaganda Organization, the Imam Khomeini Relief Committee, and the Environmental Protection Organization. At the same time, the foundations and institutions under or affiliated with other governing institutions also try to prevent, control, and reduce social harm. The most important of them are the Executive Headquarters of Farman Imam (RA), the Ehsan Foundation, the Alavi Foundation, and the Khatam al-Awsia Headquarters along with other centers, popular and jihadist groups with the organization of public institutions including charitable groups affiliated with religious bodies. The regulatory challenge in the governance of charity and voluntary affairs can have various examples, some of the most important of which are reviewed here: - Unfair and unequal support of governmental structures to various organizations that enter into social activities as people's groups, volunteers, and similar titles. - Unbalanced benefit and lack of procedural justice in financial, logistic, and media support of different types of groups in the non-governmental social sector. - Another challenge is the lack of proper laws and regulations in contrast to the existence of redundant and unnecessary and restrictive regulations. Currently, the only important upstream document in this field is the regulation of non-governmental organizations, approved by the Council of Ministers on August 27, 2015. Therefore, the issue of regulation is the most important issue of governance in the field of social participation in Iran. The consequences of the continuation of the regulatory challenge in this field are: - Lack of sufficient effectiveness of activities and measures that were expected to lead to significant improvement along with the social participation of the non-governmental sector; - The erosion of social trust as a result of the creation of a gap and structural discrimination towards the activists of charity and volunteerism, simultaneously with the development of the slogan of populism; - Lack of information about the activities and presence of other institutions and social organizations in the geographical area or in the subject of each other's activities. Conclusion The fact is that the problem of regulation, in addition to the ambiguity in the precise and clear definition of the central trustee in the field of social participation, also includes the ambiguity in the definitions of the types of public participation and the forms of institutions that can participate in different ways in solving important problems of the society. However, legal support and transparency for all charitable and voluntary activities in the form of a comprehensive and effective law can guarantee the effectiveness of the regulatory body and the cooperation of other active institutions and organizations in the field of licensing and supervision of non-governmental social institutions. But it should be emphasized that both the clarification of the definition of the regulatory body and its legal support through the approval of a comprehensive law for social participation in charity and voluntary affairs, along with the clarification of important definitions and concepts in this field, beside the establishment of a management system and information registration of various processes of social institutions, can reduce a large part of the existing challenges and concerns. Because policy-making based on data and information can provide the context of governance based on transparency and efficient and effective supervision.
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