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To flourish cooperatives need a supportive legal and policy framework. CoopAfrica aims to support national cooperative movements and governments to create an enabling environment for cooperative development. By helping develop and put in place appropriate cooperative development policies and laws CoopAfrica is seeking to strengthen national systems of independent and autonomous cooperatives. Economically viable cooperatives which are well protected in a supportive legal and policy framework are better placed to improve the lives not only of their members but of the whole society.
Recommendation 193
The capacity of cooperatives to create jobs, generate income and reduce poverty presupposes having in place good policies and laws that provide a conducive environment for cooperative development. ILO Recommendation 193 on the Promotion of Cooperatives, adopted by the International Labour Conference of 2002, is particularly clear on this.
Key points of the Recommendation
- It is recognized that cooperatives operate in all sectors of the economy. The Recommendation applies to all types and forms of cooperatives.
- The term "cooperative" means an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically controlled enterprise.
- The promotion and strengthening of the identity of cooperatives should be based on the cooperative values and principles developed by the international cooperative movement.
- The recommendation recognizes the importance of cooperatives in economic and social development
- It calls for equal treatment for cooperatives
- The recommendation defines the government’s role in creating a supportive policy and legal framework, in facilitating access to support services and finance, and in promoting women’s participation in cooperatives
- The recommendation includes an active promotional role for employers’, workers’ and cooperative organizations and encouragement of international cooperation
The CoopAFRICA programme is expected to boost the implementation of ILO Recommendation 193 on the Promotion of Cooperatives on the African continent. |
Many of the laws under which cooperatives are administered globally and in Africa especially, have been in place for several decades. In many cases cooperative policies and laws have not been properly aligned with related legislation, such as land, agriculture, labour, finance and administration. This alignment is critical if policy and lawmakers are to ensure that cooperatives are able to provide maximum growth and income generating opportunities for their members. In many instances related policy and legislation need only be amended in order to harmonize them with cooperative principles, in others complete overhauls of the legislative and regulatory frameworks are necessary. This harmonization process is particularly important in Africa where the resurgence of the cooperative movement is poised to have a dramatic impact on growth and development.
Some African countries have not yet developed appropriate cooperative policies and legislation which fit with their specific cooperative situation. CoopAfrica is supporting national initiatives by providing expert advice and funding for developing cooperative specific legal and policy regimes. CoopAfrica is especially seeking to support the introduction of appropriate frameworks that recognize cooperatives as sector players with independent member control. The CoopAfrica activities are based on and fully consistent with the universal cooperative principles and the ILO Recommendation 193.
Cooperative Principles
Cooperatives need to adopt 7 principles:
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1st Principle: Voluntary and Open Membership
Cooperatives are voluntary organisations, open to all persons able to use their services and willing to accept the responsibilities of membership, without gender, social, racial, political or religious discrimination.
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2nd Principle: Democratic Member Control
Cooperatives are democratic organisations controlled by their members, who actively participate in setting their policies and making decisions. Men and women serving as elected representatives are accountable to the membership. In primary cooperatives members have equal voting rights (one member, one vote) and cooperatives at other levels are also organised in a democratic manner.
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3rd Principle: Member Economic Participation
Members contribute equitably to, and democratically control the capital of their co-operative. At least part of that capital is usually the common property of the cooperative. Members usually receive limited compensation, if any, on capital subscribed as a condition of membership. Members allocate surpluses for any or all of the following purposes: developing their cooperative, possibly by setting up reserves, part of which at least would be indivisible; benefiting members in proportion to their transactions with the cooperative; and supporting other activities approved by the membership.
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4th Principle: Autonomy and Independence
Cooperatives are autonomous, self-help organisations controlled by their members. If they enter to agreements with other organisations, including governments, or raise capital from external sources, they do so on terms that ensure democratic control by their members and maintain their cooperative autonomy. -
5th Principle: Education, Training and Information
Cooperatives provide education and training for their members, elected representatives, managers, and employees so they can contribute effectively to the development of their cooperatives. They inform the general public - particularly young people and opinion leaders - about the nature and benefits of co-operation. -
6th Principle: Co-operation among Cooperatives
Cooperatives serve their members most effectively and strengthen the cooperative movement by working together through local, national, regional and international structures. -
7th Principle: Concern for Community
Cooperatives work for the sustainable development of their communities through policies approved by their members.
Legal and Policy support
The CoopAfrica Programme commenced activities in the advancement of legal and policy improvements by organizing a Regional Seminar on Cooperative Policy and Law in Africa in Swaziland in June 2008. This high-level meeting was attended by 47 chief executive officers of national cooperative federations, heads of government authorities responsible for cooperative promotion and heads of cooperative training institutions from 16 African countries.
Since the meeting significant progress has been made towards adoption of an enabling environment for cooperatives, in terms of institutional settings, policies and laws, as shown by the following positive developments:
Country |
Achievements |
Direct technical and/or financial support |
Lesotho |
1. The final draft of a new Policy for Financial Cooperatives whose formulation was supported by the Programme has been completed
2. Revision of the 1999 Cooperative Societies Act and the 2000 Cooperative Development Policy has been completed and first drafts produced for validation. The Programme provided technical support for this process |
Mozambique |
In 2008, the programme provided technical support to the network of civil society organizations in the country, driving force of the cooperative legal reform, and supported by NCBA the US cooperative movement. Nine months later, the new Cooperative law (Lei Geral das Cooperativas) in Mozambique was adopted by the Parliament on 30 April 2009. |
Uganda |
Work was in progress to finalize the new Cooperative Development policy. The Programme provided financial support for this exercise |
Zanzibar |
The programme is directly supporting the Government of Zanzibar in the formulation of the first cooperative development policy for the Isles. A draft has been prepared and largely circulated for feedback among key stakeholders on the Isles. A national cooperative convention held on 29-30 June 2009 discussed the draft suggested some improvements before being submitted to Cabinet for final approval later in the second half of 2009. Among other things the convention underscored the need to revise the current (1986) Cooperative Societies Act. |
Swaziland |
Revision work on the Cooperative Development Policy and the Cooperative Societies Act – an initiative taken after the COOPAfrica workshop in Swaziland in 2008 – is in progress. COOPAfrica, through its Focal Point for that country has participated fully in the revision process. |
Indirect support |
Kenya |
A new Act of Parliament for Financial Cooperatives following a Bill formulated after the COOPAfrica Sub-Regional Seminar on Cooperative Policy and Legislation has been passed It will provide the necessary environment for development of streamlined, viable and sustainable financial cooperative movement. Preparations for the Regulations of the Act is underway. In the meantime, work on revision of the country’s Cooperative Development Policy is progressing, with the prospects of a new policy in place during the second half of the year. |
South Sudan |
Good progress has been made in implementing the Action Plan developed by the South Sudan delegate at the Policy and Law workshop held in Swaziland in 2008. A new Cooperative Development Policy and a Cooperative Societies Bill have been formulated and validated and are now awaiting final approval by Cabinet and the legislature respectively. |
Zambia |
A new Cooperative Development Policy for Zambia has been formulated and submitted to Cabinet where it is awaiting approval. The process of revising the Cooperative Societies Act is underway. A final draft has been submitted to the Ministry of Justice for legal phrasing before being sent to Parliament to be enacted. This work done so far has been partial implementation of the Action Plan for Zambia developed at the Swaziland workshop |
Ethiopia |
Major decisions have been made at the highest level of Government to formulate a Federal Policy for Cooperative Development and replace the current Cooperative Proclamation to a Federal Cooperative Societies Act. Both initiatives are bound to have positive ramifications on cooperative development in the country. The Swaziland workshop has significantly influenced these decisions which had been stalling for years. |
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