Policy and Legislation

Introduction

Appropriate policy and legislation is key to enabling the formation, growth and effectiveness of cooperatives. COPAC and its members have been active in identifying areas which continue to hinder the viability of democratic cooperative organizations and have taken concrete actions to improve the policy and legislative environment for cooperatives.

Below are resources that may assist both cooperatives and policy-makers in ensuring appropriate environments for cooperative development.

Global Policy Documents

COPAC provided input to preparation of the two major global policy guidance instruments that exist today - Recommendation No. 193 on the Promotion of Cooperatives of the International Labour Organization (ILO) adopted in 2002 and Guidelines aimed at creating a supportive environment for the development of cooperatives adopted by the United Nations in 2001. In addition, COPAC members have participated in the formulation, revision and evaluation of other regional policies.

ILO Recommendation 193 on the Promotion of Cooperatives, 2002 Recommendation 193 applies to all types and forms of cooperatives and provides guidanceon cooperative policy framework and the role of governments, implementation of of public policies for the promotion of cooperatives, and the role of employers' and workers' organizations and cooperatives and the relationship between them.

UN Guidelines aimed at creating a supportive environment for the development of cooperatives, 2001 The UN Guidelines annexed to the 2001 Report of the United Nations Secretary-General provide recommendations on policy regarding cooperatives and the cooperative movement including the need for public recognition of cooperatives, appropriate legal, judicial and administrative provisions, research, statistics and information, education on cooperatives, the provision of public funds for support to cooperatives, and the need for institutional arrangements for collaboration and partnership. COPAC played an important in the formulation of the Guidelines.

Regional Policy Documents

Africa
Acte Uniforme relatif au droit des sociétés coopératives de l'Organisation pour l’harmonisation en Afrique du droit des affaires (OHADA) 2010 This Uniform Act is applicable in the 16 countries (the14 countries in the CFA zone plus Comores and Guinea Conakry.

Europe Statute for a European Cooperative Sociey 2003 - European Council (EC) Regulation No 1435/2003 This Regulation stablishes a legal statute for a European Cooperative Society (SCE). This statute guarantees equal terms of competition between cooperative societies and capital companies. It contributes to the development of the cross-border activities of cooperative societies. permits the creation of a cooperative by persons residing in different European Union Member States or by legal entities established in different EU Member States.

Communication from the Commission to the Council and the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 23 February 2004 on the promotion of cooperative societies in Europe, 2004The Communication sets out steps which may encourage the wider use of cooperatives across Europe.

Latin America
Ley Marco para las Cooperativas de América Latina 2009 Framework Law for Cooperatives in Latin America 2009 The framework law for cooperatives in Latin America is a guide to policy makers on general cooperative law covering all types of cooperatives. It contains 102 articles and is organized into chapters, beginning with general provisions, statutes, members, economic set up, social bodies and cooperative integration as well as dissolution and liquidation. The framework also addresses specific chapters public authorities responsible for the oversight of cooperatives as well as cooperative public policy. Originally drafted in 1998, the ICA Americas has updated the framework law. It was endorsed by cooperatives in the region in 2008.
See also the compendium of cooperative legislation in the Americas
Source: International Co-operative Alliance Regional Office for the Americas (ICA Americas)

Sectoral Policy Documents

Credit Unions
Model Law for Credit Unions
Guide to International Credit Union Legislation, 2005
Model Regulations for Credit Unions Source: World Council of Credit Unions (WOCCU)

Other resources

ILO NATLEX A database of national labour, social security and related human rights legislation maintained by the International Labour Standards Department of the International Labour Organization (ILO) which includes reference and full texts of cooperative law.	FAOLEXThe Food and Agriculture Organization of the United Nations (FAO) makes available laws and regulations on topics falling within FAO's mandate - agriculture, cultivated plants, environment, fisheries, food, forestry, land and soil, livestock, water and wild species and ecosystems. It includes national and sector specifc cooperative law.
ICA Americas: Legislación Cooperativa en las Américas The Regional Office of the International Co-operative Alliance, ICA Americas, has also made available cooperative legislation in countries wehre it counts members.

Committee for the Promotion and Advancement of Cooperatives COPAC