Global Information Society Watch 2012 The internet and Transparency and accountability online

Association for Progressive Communications (APC) and Humanist Institute for CooThematicper reportsation / 1with Developing Countries (Hivos) Global Information Society Watch 2012 Global Information Society Watch 2012

Steering committee Anriette Esterhuysen (APC) Loe Schout (Hivos)

Coordinating committee Karen Banks (APC) Monique Doppert (Hivos) Valeria Betancourt (APC)

Project coordinator Valeria Betancourt

Editor Alan Finlay

Assistant editor Lori Nordstrom

Publication production Mallory Knodel

Proofreading Valerie Dee Lori Nordstrom

Graphic design Monocromo [email protected] Phone: +598 2 400 1685

Cover illustration Matías Bervejillo

Financial support provided by Humanist Institute for Cooperation with Developing Countries (Hivos) Swedish International Development Cooperation Agency (Sida)

Global Information Society Watch Published by APC and Hivos 2012

Creative Commons Attribution 3.0 Licence Some rights reserved.

issn: 2225-4625 isbn: 978-92-95096-85-1 apc-201301-cipp-r-en-digital-176 Table of contents

Preface...... 6 Mapping corruption anriette esterhuysen (apc) and manuela monteiro (hivos) Exposing delusions of power: The art of using visual evidence Introduction: The new omnipresence...... 7 to expose corruption...... 42 Omidyar Network - david sasaki Tactical Tech - stephanie hankey with research by francesca recchia Thematic reports Political cartoons Governments using ICTs for integrity and accountability: Some thoughts by Akram Rslan ...... 52 on an emergent research and advocacy agenda...... 12 Transparency International - dieter zinnbauer Country reports Secrecy,privacy and transparency: Introduction...... 62 the balance between state responsibilities Alan Finlay and human rights ...... 16 Argentina...... 64 Privacy International - emma draper Nodo TAU

Transparency reporting...... 20 Bangladesh ...... 68 Open Technology Institute - Bytes for All Bangladesh james losey and grady johnson Benin...... 72 CréACTION BENIN Using technology for collaborative transparency: Risks and opportunities. . . . . 24 Bolivia...... 76 Association for Progressive Communications (APC) - REDES Foundation shawna finnegan Brazil...... 80 GPoPAI In search of transparency: From “using” to “shaping” technology. . . . .29 Bulgaria ...... 83 Cardiff University and The Citizen Lab, BlueLink.net University of Toronto - arne hintz and stefania Cameroon...... 86 PROTEGE QV Artivism online...... 3 JMI Foundation and Fair Play - kate declerck Canada...... 89 APC and Open Technology Institute China...... 92 Institutional review Danwei Who is doing what when it comes Colombia ...... 95 to technology for transparency, Colnodo accountability and anti-corruption ...... 37 Democratic Republic of Congo...... 98 Practical Participation - tim davies Si Jeunesse Savait (SJS) Republic of Congo...... 100 AZUR Développement Costa Rica...... 1. 02 Occupied Palestinian Territory...... 175 Cooperative Sulá Batsú Maan News Agency Côte d’Ivoire...... 105 Pakistan...... 179 NNENNA.ORG Bytes for All Pakistan ...... 110 Peru...... 183 ArabDev Red Científica Peruana (RCP) and Consorcio para el Desarrollo Sostenible de la Ethiopia ...... 114 Ecorregión Andina (CONDESAN) Ethiopian Free and Open Source Software Network (EFOSSNET) Romania...... 188 StrawberryNet Foundation and Sapientia – Hungary...... 118 Hungarian University of Transylvania Metatron Research Unit, Hungarian Autonomous Center for Knowledge (H.A.C.K.) Saudi Arabia...... 192 SASIconsult India...... 122 Digital Empowerment Foundation South Africa...... 195 University of Witwatersrand Indonesia...... 126 EngageMedia Spain...... 199 SETEM Iraq...... 129 Richmond, The American International Switzerland ...... 202 University in London Comunica-ch Italy...... 133 Syria...... 206 NEXA and Eurovisioni Anas Tawileh Jamaica...... 137 Tanzania...... 210 Mona ICT Policy Centre, CIPESA University of the West Indies, Mona Thailand...... 213 Jordan...... 141 Thai Netizen Network Alarab Alyawm Uganda...... 217 Kenya ...... 146 WOUGNET Kenya ICT Network (KICTANet) United Kingdom...... 221 Republic of Korea ...... 150 Open Rights Group Korean Progressive Network Jinbonet United States...... 225 ...... 154 Electronic Frontier Foundation Civil Initiative on Internet Policy (CIIP) Uruguay...... 229 Lebanon...... 157 ObservaTIC Mireille Raad Vanuatu ...... 232 Morocco...... 161 Dan McGarry DiploFoundation Venezuela...... 236 Nepal ...... 165 EsLaRed Kishor Pradhan Western Balkans...... 240 Netherlands...... 168 OneWorld Platform for Southeast Europe (owpsee) Transparency International in the Netherlands Nigeria ...... 172 Fantsuam Foundation Preface

The theme for this year’s GISWatch as Transparency International’s critique – “transparency and accountability with a of e‑government projects and the impact focus on corruption” – is for some a difficult they have on corruption, or more indirectly, one. At least two country report authors for instance, through considerations of withdrew from participating in this year’s transparency and privacy. The role of the publication because of the consequences they youth in “activism online” is also discussed, could face locally from singling out specific while, in our mapping section, Tactical Tech acts of corruption in their countries. This is looks at using visual evidence effectively to telling. It suggests that to consider ICTs and expose corruption. corruption directly is to put the spotlight more As is usual with GISWatch, the thematic narrowly on what governments or businesses reports published here form the bedrock for or state authorities are actually doing – and the country reports that follow, covering both this can, as some authors contend, be risky. It developing and developed countries, such as is dramatically different from talking generally the United States, Canada, the Netherlands, about e‑government, and how this may usher Pakistan, Argentina, Ethiopia, Occupied in a new era of transparency – possibilities Palestinian Territory, Lebanon, China and even that are more abstract than concrete, and Vanuatu. therefore much safer to discuss. This difficulty demonstrates the value of the theme and The internet is a powerful source for increased serves to provide a reality check – much access to information about corruption, and needed in this era where governments and how, and by whom, it is perpetrated. But businesses from north, south, left and right it cannot substitute for the role played by are optimistically engaging in partnerships the media and civil society activists. We are to “open” government and use the internet pleased to present the sixth edition of the to enhance transparency. Talking about GISWatch report. We believe it is essential for transparency is much easier than dealing with civil society networks to participate in and its consequences. watch over ICT policy processes at global, regional and national levels. n As the title of GISWatch 2012 also suggests, “corruption” is often read through the lens of other conceptual concerns. This year several Anriette Esterhuysen (APC) thematic reports assume different points of and Manuela Monteiro (Hivos) entry on the issue: whether directly, such

6 / Global Information Society Watch Introduction: The new omnipresence

1) pay a USD 200 bribe and return home to enjoy David Sasaki Omidyar Network the rest of my Saturday afternoon, or 2) surrender davidsasaki .name my car until Monday morning when I could begin a lengthy bureaucratic nightmare involving multi- ple trips to government offices, banks, and the tow pound . Such is the story of my first bribe in Mexico A tale of two bribes City, which taught me several lessons . The first time I paid a bribe in Mexico City Iwas First I learned that Mexico City’s civil society caught by surprise . Admittedly, I had broken the law . was still not as coordinated and innovative as the In 1989 the Mexico City government passed legisla- city’s corrupt police officers . Upon leaving the po- tion1 which required that on every second Saturday lice station I was awarded a stamped card that of the month all vehicles with licence plates ending looked more official than anything I had seen from in 7 were not allowed to circulate . And here I was, a the Mexico City government . “If any police officer newcomer to the city, a licence plate ending with 7, pulls you over on your way home,” I was told, “just and driving in unintended defiance of the law . flash them this card and they’ll leave you alone .” Two weeks earlier I had started a new job with Various police units across multiple jurisdictions Omidyar Network, the philanthropic investment had coordinated to produce a system of illicit cards firm of eBay founder Pierre Omidyar . I was hired to register those who had already paid a bribe . In- to help build the movement of in deed, a motorcycle-mounted police officer pulled Latin America; to give support to entrepreneurs who up to my window, eagerly awaiting his own bribe, use new technologies to strengthen civic participa- and then sped off in disappointment when I showed tion and government accountability . The likelihood him my I-paid-a-bribe card . that I would now bribe a police officer to evade my Second, I learned that corruption flourishes warranted sanction seemed preposterous . with poorly designed laws, no matter how benevo- I rolled down the window, handed the police lent their intentions . Mexico City’s “Hoy No Circula” officer my driver’s licence, my car registration, and legislation, which prohibits vehicles from circulat- awaited my citation . If only it were so easy . The ing on select days depending on the last digit of officer informed me that, due to the gravity of my the licence plate, was implemented just before the infraction, not only would I have to pay a fine of United Nations declared2 it the most polluted city around 5,000 pesos (USD 380) but my car would in the world . In theory the law removes 20% of cars also be impounded for 24 hours . Like a practised from driving on city streets any given day, which has salesman, the officer went on to list the many ways I contributed to Mexico City’s impressive reduction3 would be inconvenienced if I were to go by the book of air pollution over the past 20 years . But the poor- rather than to “work out a deal .” Still, I refused to ly designed incentives (why impound the vehicle pay the bribe, and was made to follow the police for 24 hours?) have led to a culture of enforcement officers to what was allegedly the nearest police in which local police officers do little more than station, some 30 minutes away in the middle of an constantly scan the last digits of all licence plates, abandoned industrial area . I began to fear for my certain that the forgetful offender will infallibly pay safety . I was now sitting in front of the desk of what the hefty bribe rather than endure the bureaucratic was clearly a higher-ranking officer, who began to nightmare to legally resolve the infraction . make increasingly aggrandised claims while I silent- Finally, I was reminded that information is ly punished myself for not having my cell phone to power, and that corrupt public officials depend on record his every word . By the end of our protracted and surreal negotiations I was left with two choices: 2 www idr. c .ca/EN/Resources/Publications/Pages/ArticleDetails . aspx?PublicationID=740 3 www washingtonpost. com/wp-dyn/content/ar. ticle/2010/03/31/ 1 en .wikipedia .org/wiki/Hoy_No_Circula#History AR2010033103614 .html

Introduction / 7 information asymmetries to extract bribes from un- laws . Minutes later his partner approached the car, informed citizens . The police officer pulled out from offering his best imitation of the good cop/bad his back pocket a well-worn, dog-eared booklet of cop routine . When he was made aware that I was transit laws to assure me that there was indeed a recording our interactions, he immediately became law prohibiting cars from circulating on select days . defensive and aggressive . As I listen back over the But the booklet included no information about the recording now, I can hear the slight tremble in his cost of the infraction, nor the significant detail of ve- voice as he tells me that it is illegal to record a po- hicle impoundment for 24 hours . In fact, even now, lice officer, a claim I have neither been able to prove sitting at my computer with access to every single nor disprove despite various consultations with le- government website, I can find no official informa- gal experts . Once again, I began to feel fearful for tion about the cost of violating the Hoy No Circula my safety; the police officer was clearly agitated programme . It is only on Yahoo Answers that I’m and unsure of how to react . I imagine he was consid- able to finally find the information, thanks to the ering the security of his job, even the threat of legal contribution of a helpful, anonymous volunteer who action were the video to reach his supervisor . Still, clarifies4 that the official cost of the infraction is “20 for some reason, I felt more secure knowing that my times the daily minimum wage plus 120 pesos for cell phone was recording our every interaction than the ‘parking’ at the tow pound .” All in all, the official I did a few months back without it . infraction costs roughly 1,250 pesos, not 5,000 as I The two officers were nearly yelling when they was repeatedly told by multiple police officers . told me to drive on, and to never record a police of- My next experience with Mexican would ficer again . Emboldened, I responded that I wanted come several months later when I was driving along to be cited for my infraction, but they refused . Shak- the outskirts of Toluca, a mushrooming commuter ing my head in a mixture of relief and irritation, I town outside of Mexico City . Again, I must admit that drove off and tried to enjoy the rest of my day . I had broken the law, driving some 15 kilometres per hour above the posted speed limit . However, in my Pocket-sized accountability defence, I am compelled to add that I was driving I am not alone in discovering the utility of a pocket- slower than five cars that passed by in plain view of sized global video broadcaster (that is, a modern cell the police officer who decided to pull me over after phone) to hold corrupt police officers accountable . noticing my foreign complexion . The power of the personal video recorder as a pro- Unlike my previous run-in with Mexican police, tector of civil rights first entered the mainstream in this time I was much better prepared . I had down- 1991 when the police beating7 of Rodney King was loaded a USD 2 application for my iPhone called recorded by casual bystander George Holliday 8. The Antimordidas5 (anti-bribes), which contains the incident and subsequent trial gave rise to a move- entire legal code and the cost of every infraction im- ment of police accountability (or “copwatch”)9 aginable . I also had downloaded the Ustream iPhone organisations around the US . The following year rock application,6 which allows me to record and broad- star activist Peter Gabriel, inspired by the Rodney cast video at a moment’s notice . Ustream integrates King trial, formed WITNESS,10 a global organisation with my social networks, immediately notifying my that uses video to empower human rights organisa- friends and followers when I begin broadcasting . tions to hold the powerful to account . Before the police officer could even walk up to As camcorders became embedded in cell my window, I was already covertly recording the phones, human rights and civil liberties organisa- event . I was also searching my anti-bribes applica- tions were presented with a powerful new ally, but tion for the exact cost of my infraction before the also unprecedented challenges (more about those police officer could assert his own inflated claim . later) . From Puerto Rico11 to Phnom Penh12 to Cairo13 Confident that the cost of the citation was no more than USD 30, I happily requested that the police officer punish my infraction, but he resisted . In des- 7 en wikipedia. .org/wiki/Rodney_King#Incident peration he returned to his car, explaining that he 8 articles .nydailynews com/201. 2-06-19/news/32321421_1_symbol- needed to verify my immigration status with the au- of-police-abuse-george-holliday-famous-home-video 9 en wikipedia. .org/wiki/Copwatch thorities to ensure that I wasn’t breaking any further 10 www .witness .org/about-us 11 blog witness. .org/2011/09/video-advocacy-example-police- violence-in-puerto-rico 4 mx .answers .yahoo .com/question/ 12 blog witness. .org/2011/09/video-captures-police-destroying- index?qid=20100107103031AAO2gNt homes-beating-locals-in-phnom-penh 5 www .eluniversal .com .mx/notas/684291 .html 13 www .youtube com/v. erify_controversy?next_url=/ 6 www .ustream .tv/everywhere watch%3Fv%3Da8KG5N_yq1s

8 / Global Information Society Watch to New York,14 there is no shortage of graphic ex- of citizen journalist Mukesh Rajak who in 2010 amples of police brutality documented by regular recorded testimonies27 of students and parents citizens on their mobile phones . A quick search on complaining of the bribes they were forced to pay YouTube reveals multiple videos of police officers teachers . Two weeks later the school’s headmaster requesting bribes in Thailand,15 India,16 and the US .17 was removed28 and all teachers were sternly warned Advocacy organisations like the American Civil by the district auditor not to continue soliciting Liberties Unions of New Jersey and New York have bribes . developed smart phone applications (called Police In the UK, former Conservative Party co-treas- Tape18 and Stop-and-Frisk Watch)19 to encourage urer Peter Cruddas was forced to resign when an constituents to document their interactions with anonymous observer uploaded secretly filmed foot- police officers . A similar application, called the age that revealed29 Cruddas offering access to Prime Emergency Alert and Personal Protection app,20 was Minister David Cameron for a political donation of developed in Arizona to inform immigrants of their £250,000 . But not in all cases does the publishing rights and to send out alerts when they have been of such videos lead to justice and accountability . stopped by a police officer . With or without these Weeks before Mexico’s 2012 national elections, an new smart phone applications, we can only expect online video surfaced30 of a local Mexico City poli- more citizens to publish more videos of police in- tician requesting sexual favours from an employee timidation, bribery and brutality at an increasingly who sought her end-of-the-year promotion . Weeks frenzied pace as smart phones decrease in price later he was elected in a landslide vote to a more and expand in penetration . prominent position . Despite protests and petitions, The use of new technologies to hold the power- he still remains in office . ful to account is not limited to the police . In India, the website I Paid a Bribe21 has collected over 20,000 Cameras everywhere reports of bribery to determine “the market price of and the transparent society corruption” . In Dehra Dun an anonymous reporter While concealed cameras can capture a politician or paid22 500 rupees for a passport . In Chennai a new police officer demanding a bribe, they can also lead resident paid23 9,500 rupees to get personal goods to a young man’s suicide . This is what happened in through customs while another paid24 1,000 rupees September 2010 when a Rutgers University student to bribe the registrar’s office to change the name secretly filmed and published31 Tyler Clementi, his on his property title . All reports on I Paid a Bribe gay roommate, kissing another man . Three days are anonymous,25 which protects the safety of the later Clementi grabbed some food, walked to the users, but also prevents authorities from investigat- George Washington Bridge, published his last ing their claims . That will soon change when video update to Facebook (“Jumping off the gw bridge camera-enabled smart phones become affordable sorry .”) and ended his life . Clementi’s suicide is an for the majority of Indians, enabling the anonymous extraordinary example of an increasingly ordinary publication of videos that clearly identify corrupt of- activity, cyber bullying – intolerance in the net- ficials . (It is estimated26 that 200 million Indians will worked age . have smart phones by 2015 .) We can see glimpses In 2011, nearly 20 years after its founding, the of this future today in the investigative reporting video advocacy organisation WITNESS published a significant report titled “Cameras Everywhere” .32 14 www .huffingtonpost .com/2008/07/30/nypd-officer-beats-man- In the words of co-founder Peter Gabriel: “Technol- wi_n_115819 .html ogy is enabling the public, especially young people, 15 www .youtube .com/watch?v=2zx3ilhAH1Q to become human rights activists . With the global 16 www .videofy .me/u6jt8j3r/513844 17 www .youtube .com/watch?v=mKmx6X2XnF8 distribution of mobile phones, our original dream of 18 play .google .com/store/apps/details?id=org .aclunj . getting cameras to the world is being realised and policetape&feature=search_result#?t=W251bGwsMSwxLDEsIm9y with that come incredible opportunities .” But, while Zy5hY2x1bmoucG9saWNldGFwZSJd recognising those opportunities, the report is also a 19 mashable .com/2012/06/14/nyclu-stop-and-frisk-app 20 www .voxxi .com/smartphone-app-for-immigrants-protection 21 ipaidabribe .com 27 indiaunheard video. volunteers .org/mukesh/pay-bribetake- 22 www .ipaidabribe .com/bribe-central/bribe-liu-police-verification education 23 www .ipaidabribe .com/bribe-central/paid-bribe-chennai-customs- 28 indiaunheard video. volunteers .org/mukesh/indiaunheard-impact- releasing-goods corruption-ends-in-school 24 ipaidabribe co. m/bribe-central/registration-change-owner-property 29 www bbc. co. .uk/news/uk-politics-17503116 25 ipaidabribe .com/content/privacy-policy 30 www jornada. unam. .mx/2012/06/16/capital/033n2cap 26 www .zdnet .com/blog/india/after-airtel-chairman-google-india- 31 en wikipedia. .org/wiki/Suicide_of_Tyler_Clementi chief-wants-cheaper-phones/976 32 www witness. or. g/cameras-everywhere/report-2011

Introduction / 9 sober examination of the new challenges that have is given some much-needed tips to help recognise arisen along with the new opportunities . the body language of his blind date . Activists in Myanmar, Iran, Egypt, Syria, Bah- Google’s augmented reality glasses will un- rain and Tunisia have famously used mobile phone doubtedly help parents preserve memories of their cameras and social networks to distribute videos of children, and they will also help empower citizens human rights abuses . But the Cameras Everywhere who otherwise may be victims of corruption or even report warns that some authoritarian governments police brutality . But we should not be so naïve as to have reacted by searching through those very vid- believe that these Google glasses will only be point- eos to identify dissidents who are later detained ed at infants and powerful authorities . They will and tortured . In a far less severe example of the also be used to spy on roommates, upload intimate lasting consequences of online video, an entire exchanges with former lovers, and identify human generation of young people is now struggling to rights activists and whistleblowers who will be pun- enter adulthood – and the workplace – in the face ished by repressive governments and corporations . of embarrassing photos and videos from their first interactions with alcohol that remain irreversibly in Reciprocal accountability the ever-expanding public sphere . Some potential and the new omnipresence employers are even asking33 job candidates for their By 1998 science fiction writer David Brin had already Facebook passwords before offering them a job . foreseen the coming world of radical transparency, “Revenge porn”34 websites solicit nude photos and what he called “The Transparent Society” .39 Along videos of ex-girlfriends and ex-boyfriends, leading with Canadian augmented reality researcher Steve to several lawsuits and a new sub-genre of com- Mann,40 Brin coined the term “sousveillance” as an mercial porn where professional adult actresses antidote to surveillance . While surveillance is de- pretend they are everyday ex-girlfriends . rived from the French, meaning “watching over”, Though it can often seem otherwise, a ridicu- sousveillance means “watching from below” and lously small percentage of daily reality is now represents a kind of peer-to-peer reciprocal ac- recorded on video, and an even more minuscule countability where citizens are empowered to percentage of that video is shared online . Soon “watch the watchmen” . that will change . Already the USD 179 Looxcie cam- The powerful, Brin asserts, will always use their era35 is about the size of a Bluetooth earpiece and power to surveil the powerless . Parents surveil their records up to 10 hours of continuous video, which children, employers surveil their employees, and can be streamed instantly to Facebook at the click governments surveil their citizens . However, rather of a button . But the Looxcie pales in comparison than fighting against such surveillance, which Brin to what will be possible when Google launches its sees as inevitable, he encourages us to fight for our much-awaited augmented reality glasses36 that not right to sousveil . only record everything you see, but also provide you Most civil liberties organisations were out- with real-time information about the individuals and raged by the signing of the Patriot Act in the US objects in your field of vision . because it granted the government new powers The glasses aren’t expected to be available to to secretly search private homes, monitor online the public until late 2013, but already Google is pub- activity, and request records from public libraries lishing videos37 of its employees using the glasses that reveal individual reading habits . Brin, howev- while skydiving, or to record special moments with er, asserts that the real crime of the Patriot Act is their children . The Google videos are markedly dif- that it makes it more difficult for citizens to request ferent in tone and content from a thesis project by information from their government . The George W . two Israeli art students, Eran May-raz and Daniel Bush administration became the most secretive Lazo . Their seven-minute video38 explores a world US government in modern US history, and Barack where everything we see is mediated through layers Obama, though he has made high-profile claims of information and gamification . The protagonist is of tech-enabled openness, has done little to re- awarded points for properly cutting a cucumber and verse the culture of official secrecy . According to a recent report41 by the Washington Post, “by some 33 www telegr. aph .co .uk/technology/facebook/9162356/Facebook- passwords-fair-game-in-job-interviews .html 39 en .wikipedia or. g/wiki/The_Transparent_Society 34 www salon. .com/2011/02/28/exgirlfriend_porn 40 eyetap .blogspot ca. 35 www loo. xcie .com/overview 41 www washingtonpost. com/world/national-security/obama-. 36 en .wikipedia .org/wiki/Google_glasses administration-struggles-to-live-up-to-its-transparency-promise- 37 plus .google .com/111626127367496192147/posts post-analysis-shows/2012/08/03/71172462-dcae-11e1-9974- 38 vimeo .com/46304267 5c975ae4810f_print .html

10 / Global Information Society Watch measures the [Obama] government is keeping by power, but that civil society – armed with free more secrets than before .” association, public protest, and the law – can Such over-classification of government infor- mitigate such corruption with accountability . mation, argues42 former New York Times executive Locke’s ideas would later influence the US Decla- editor Bill Keller, has contributed to an increasing ration of Independence, the US Constitution, the number of leaks and an increasingly hysterical French Revolution, and Social Contract Theory . reaction by government authorities . US Senator Today unjust rulers, such as former Argentine Dianne Feinstein, a notable congressional leaker dictators Jorge Videla and Reynaldo Bignone,45 herself,43 has introduced a bill that, in the words are increasingly held to account for their crimes . of Keller, “would forbid background briefings on New technologies will help hold current and future intelligence matters by anyone except an agency’s leaders to account, but their effectiveness is de- director, deputy director or public-affairs spin doc- pendent on a fair and autonomous legal system . tors – thus cutting out the officers with firsthand New technologies also present new challenges, as knowledge and silencing those who question the the suicide of Rutgers University student Tyler Clem- party line . It should be dubbed the Keep Americans enti so painfully demonstrates . But let us be clear: the in the Dark Act .” Even if such paranoid legislation death of Clementi was not caused by the invention of is passed, it won’t prevent the continued growth of the web cam, or even the covert spying of his college anonymous leaks . Much like the programmers of pi- roommate . No, the root of Clementi’s suicide was intol- racy platforms are always a step ahead of the media erance . After all, being recorded kissing someone on industry44 that tries to shut them down, technolo- video is something that has happened to many of us, gists behind sites like WikiLeaks and the dozens of but few of us felt so disenfranchised as a result . Shortly copycats are always a few steps ahead of the slow- after revealing his homosexuality, Clementi wrote to a moving authorities that attempt to silence them . friend that “mom has basically completely rejected New technologies like mobile phones, bribe- me ”. He didn’t end his life because he was caught on reporting platforms, social networks, and Google video kissing someone else . He ended his life because glasses are important additions to the toolkit of of gross, unjust discrimination against gays . rights activists, whistleblowers, and everyday In an era of reciprocal accountability we are citizens subjected to corruption and official mis- all inclined to fear omnipresent observation – not conduct . But we should not overestimate their the divine judgement of the second millennium, importance in the context of the long struggle for but rather the constant, networked, live-streamed political accountability . Throughout all civilisa- observation of the third millennium . It sounds ex- tions historians have documented leaders ruling hausting, and often is, but if we aspire to our better with impunity and injustice . More than 300 years selves, if we are tolerant of those who are different, ago, John Locke anonymously published his Two if we always grant the benefit of doubt when lack- Treatises of Government, which acknowledges ing sufficient context, then reciprocal accountability that humans are disposed to become corrupted might grant us all greater freedom and prosperity . n

42 www .nytimes .com/2012/08/06/opinion/keller-the-leak-police . html?pagewanted=all 43 www .salon .com/2012/07/24/dianne_feinsteins_espionage 45 www csmonitor. .com/World/Americas/Latin-America- 44 www .nytimes .com/2012/08/05/sunday-review/internet-pirates- Monitor/2012/0711/Argentina-takes-steps-to-bring-Dirty-War-era- will-always-win .html criminals-to-justice-before-death

Introduction / 11 Thematic reports Governments using ICTs for integrity and accountability: Some thoughts on an emergent research and advocacy agenda

Dieter Zinnbauer1 introduce electronic filing of taxes to root out cor- Transparency International ruption in tax collection . What will you suggest to www .transparency .org them? Corruption – everywhere and hard to weed out False dawn, window dressing Corruption, defined as the abuse of entrusted power or taking integrity to the next level? for private gain, is commonly recognised and amply documented to be one of the most fundamental and Introduction most vexing societal problems around . Evidence from all over the world shows that corruption – from The experience of developed and developing coun‑ bribery and to undue influence and policy tries indicates that electronic reforms in the fight capture – deprives particularly the poorest of the against corruption are the most effective methods in very goods and services that are fundamental to the implementation of the fight against corruption. their livelihoods, such as access to water, health, (Centre for Economic and Social Development Azerbaijan: CESD Anti-Corruption Strategy for the food or educational opportunities . Corruption fu- Republic of Azerbaijan, April 2011) els ethnic tensions and corrosive public distrust of the central institutions of collective governance . E-government is seen more than ever as at the core Corruption has been documented to stunt devel- of public sector reforms. opment, stymie our collective response to climate (OECD Government at a Glance 2011) change and blunt our ability to construct fair socie- ties . It is closely linked to impunity, inequality and Imagine you are an NGO lobbying your govern- insecurity 2. ment to clean up one of the most notorious areas The pervasiveness of corruption also makes for corruption: public procurement . In response, it very difficult to plot viable paths for reform and the government declares that a centrepiece of change . Rooting out corruption in institutions its anti-corruption strategy will be an electronic where it is deeply entrenched presents a daunting procurement system that will make corrupt interfer- and often seemingly insurmountable challenge ence all but impossible . What do you do? Do you for government reformers for at least three rea- applaud this move? sons . First, collective action problems abound . Imagine you are a policy maker intent on curb- When all your colleagues pay off the boss to gain ing corruption in the judiciary and you know that a promotion or the teacher to enhance their kids’ case backlogs offer a serious entry point for cor- test results, you are pressured to join in so that ruption . Now some IT consultants strongly suggest you are not left behind . Second, sustainable in- installing an electronic case management system tegrity will not only require carrots and sticks, but to tackle this issue head on . Do you purchase and also a change in values and norms . But changing deploy it? organisational or communal cultures, however, is Imagine you are a public administration expert and the tax authorities in your country turn to you 2 For examples and a compilation of empirical evidence on these and for advice on whether they should follow the ex- many other instances of corruption, see, for example, the Global ample of their peers in a neighbouring country and Corruption Report series published by Transparency International, which invites academic experts and practitioners to explore corruption issues in a specific sector every year, e g. . construction and post-conflict econstructionr (2005), health (2006), judiciary 1 Dieter Zinnbauer works on emerging policy issues for (2007), water (2008), business (2009), climate change (2010/11) Transparency International . This article presents the personal or education (forthcoming 2013) . For general overviews see, opinion of the author and does not necessarily reflect the views of for example, Bardhan, P . (1997) Corruption and Development: Transparency International . This is a work in progress . Please do A Review of Issues, Journal of Economic Literature, 35(3), or not quote or cite without the permission of the author . Comments Svensson, J . (2005) Eight Questions about Corruption, Journal of are always most welcome to: dzinnbauer@transparency .org Economic Perspectives, 19 .

12 / Global Information Society Watch a long-term, laborious project with uncertain out- • Provide a growing repertoire of collective action comes . Third, corrupt systems are often built on tools and platforms for citizens to organise, re- interlocking interests and deep networks of pa- port and mobilise against corruption . tronage and cronyism across administrative and These and many other expected features are well political hierarchies . As a result, well-meaning referenced in a large number of policy reports, pro- reformers might find themselves outflanked by spective essays and conceptual discussions . In a higher tiers of the bureaucracy or political princi- nutshell, hopes that technology can make a very pals that stand to benefit from the corrupt system important contribution to the fight against corrup- on the ground . This makes corrupt networks ex- tion are extremely high .3 tremely resourceful and effective in thwarting attempts to shut them down . High stakes, yet little empirical evidence to guide implementation and constructive Technologies to the rescue? advocacy The potential of ICTs to fight corruption Given the high hopes attached to ICTs, governments Facing such an uphill struggle, it is not surprising around the world – from local to national to regional that government reformers and anti-corruption level – are rolling out high-profile ICT modernisation fighters pin their hopes on technology as a poten- projects, often tied to bold claims about how these tially transformational tool to help cut the Gordian initiatives are meant to boost accountability and knot of corruption, shake up these entrenched sys- integrity . The 15 core EU countries are estimated tems of corrupt incentives and interests, and offer to have spent as much as 35 billion euro on ICTs in real prospects for more integrity and accountability . 2004 alone, including 11 .5 billion on e‑government New ICTs might be – and are indeed often promot- activities 4. And by 2010, the total annual ICT spend- ed as being – one of the answers . Just looking at ing by governments around the world was estimated their potential functionalities, they can be plausibly to have reached a whopping USD 423 billion .5 expected to address a long list of institutional defi- The transformative impact of these investments ciencies that are believed to foster corruption . is already evident . By 2010 on average more than Some of the main expected benefits from ICTs, 80% of businesses and 40% of citizens in OECD as expressed in the research and policy literature, countries were already interacting with public au- include the anticipation that they will: thorities online .6 • Reduce information asymmetries between prin- This flurry of activity is by no means confined cipal (office holder) and client (citizen) so that to industrialised countries . As of 2004, for exam- the latter finds it easier to assert his or her ple, more than 90 developing countries were busy rights without corruption interfering . developing national ICT strategies 7. Almost three quarters of all World Bank projects between 2003 • Limit the discretion of office holders to diverge and 2010 included ICT components, and these from applicable rules in the exercise of their technology elements were considered particularly duties . important for achieving the intended objectives in • Automate specific processes and/or reduce public sector governance reform projects 8. direct, frequent, personal interaction between a specific office holder and an individual citi- zen, a proximity that can foster collusion and 3 For a summary of expected benefits see, for example, Gronlund, corruption . A . et al . (2010) Increasing transparency and fighting corruption through ICT: Empowering people and communities, SPIDER ICT4D • Cut out gatekeepers and intermediaries that Series No . 3; for a forward-looking analysis for policy makers, see often act as go-betweens to facilitate bribe pay- Frissen, V . et al . (2007) The future of eGovernment: An exploration ments or demand their own illicit cut to make a of ICT-driven models of eGovernment for the EU in 2020, Institute for Prospective Technological Studies, European Commission . business deal happen in the first place . 4 Codagnone, C . (2006) Expenditure Study, eGovernment Economics Project, eGovernment Unit, DG Information Society and Media, • Reduce red tape in public bureaucracies and European Commission . through this remove potential entry points for 5 Task Force on Financial Mechanisms (2004) Report of the Task extortion and corrupt rent-seeking . Force on Financial Mechanisms for ICT for Development . 6 OECD (2011) Government at a Glance, OECD, Paris . • Make transactions with public officials and the 7 Task Force on Financial Mechanisms (2004) op . cit . performance of the latter more transparent, 8 World Bank Independent Evaluation Group (2011) Capturing documentable and auditable, deterring corrupt Technology for Development: An Evaluation of World Bank Group Activities in Information and Communication Technologies, World behaviour . Bank, Washington D C. .

Thematic reports / 13 As this overview shows, the stakes are extremely area of ICTs for governance have so far focused on high . The technology projects that are being under- the citizen side: how ICTs can empower citizens to taken in the name of integrity are of immense ambition hold officials to account and mobilise against cor- and scale . Governments are often the single largest rupt rulers, and how governments can facilitate this consumers and users of ICTs in a country and some by creating enabling conditions, from promoting of the most ambitious ICT adopters are found in high- ICT access and skills to adopting open government corruption contexts: almost half of the 25 countries standards or devising participatory online proc- around the world whose governments are believed to esses . These issues are already being abundantly prioritise ICTs the most are perceived to face rather explored, from public discourse to specialised re- high levels of corruption in the public sector 9. search debates, and a very active research and So, given these high hopes and ambitions, the policy advocacy community has formed around questions of how successful the many projects un- them . dertaken in the name of enhancing accountability The other, important side of the coin, how- and integrity are, and how they can be most effective ever – the use of ICTs for integrity purposes by in their role in the fight against corruption, are ab- governments and administrations themselves – solutely essential . A first quick scan of the evidence has received comparatively limited attention in the yields very uneven and mixed results . It casts some broader policy community and research community . serious doubts on all-too-inflated claims about a near What are the insights and lessons that could be automatic benign impact of these technological fixes learnt from the first batch of e‑governance applica- on corruption . And at minimum it strongly suggests tions in this regard, to make them more effective in that more research and more monitoring and con- the future, to help other governments avoid dead structive, competent engagement by civil society are ends, and to help interested civil society groups to crucial to ensure that the integrity and accountability critically and constructively accompany related gov- potential of these technologies is fully exploited and ernment efforts? related initiatives are not just used as window dress- ing by reform-resistant governments 10. Why hopes are high but under-examined On the surface, this uneven attention is surprising . Uneven attention, uneven learning To put it provocatively, it looks like all attention has and advocacy shifted to government 2 .0, the empowerment and Right now, however, there are reasons to doubt that networked oversight of citizens through ICTs, and this research will come forth, and the related watch- rather short shrift is given to government 1 .0, or the dog functions be fullfilled . Civil society engagement use of ICTs by governments for their core tasks and and an evidence-centred policy discourse on crucial services . technology uses by governments that are carried On closer inspection, the reasons for this out for purposes of integrity and accountability attention shift are becoming clearer . A peculiar con- are rather limited 11. Instead it appears that much fluence of interests to create big hopes (industry) of the public attention and policy analysis in the and to buy into them (governments), compounded by the inability or lack of interest on the part of civil society NGOs to competently monitor and com- 9 High corruption in the sense that they do not rank among the 40 countries around the world that are perceived to face the lowest ment, prepare the ground for this . The ICT industry levels of public sector corruption . Source: Author’s calculation is keen on selling high-margin, big-ticket technol- based on the World Economic Forum Executive Opinion Survey, ogy projects to the public sector, a customer that is 2010 and 2011 editions, and Transparency International Corruption Perceptions Index 2011 . perhaps often not as difficult and discerning as pri- 10 For an elaboration of these claims and an overview of the evidence vate industry clients . In addition, governments are in the four areas of e‑procurement, electronic judicial case eager to showcase progressiveness and innovation management, e‑taxation and electronic ID cards, see the more extensive background paper by Zinnbauer, D . (2012) forthcoming leadership or want to be seen to be active in fight- on SSRN . ing corruption, and find ICT solutions an appealing 11 There are obviously some exceptions to this general observation . For tool to project this image . At the same time, civil example, TI groups in Slovakia and Hungary are utilising procurement data for their corruption analysis . TI Georgia has commented on the society organisations working on corruption issues usability of the e‑tender system in the country . TI India has developed are eager to promote practical solutions, and they an electronic procurement integrity matrix, while TI groups in the are open to trying out new high-potential weap- US and Mexico have undertaken research and advocacy work on electronic procurement . Regarding the latter, see, for example, TI USA ons against corruption . But many of them may not (2011) A work in progress: Implementation of the APEC government have the resources and expertise to evaluate bold procurement transparency standards in Mexico, Peru, Vietnam, Indonesia and the Philippines; and Transparencia Mexicana (2012) A technology claims and complex implementations in new role for citizens in public procurement. great detail – while technology activists are inclined

14 / Global Information Society Watch to focus on freedom of expression or privacy impli- relatively high failure rate . For governance-related cations of government technology use, and do not projects such a rate is confirmed, for example, view the impact on integrity as a big priority to ex- by a World Bank evaluation report for the Bank’s amine and monitor . 2003-2010 ICT project portfolio that finds that only Finally, scholars, no matter if they belong to the “about half of ICT components in projects support- camp of technology optimists or sceptics, tend to ing public sector governance are likely to achieve focus their energy on the more popular and exciting their intended result .”12 Moreover, a vast body of social media/citizen empowerment side of ICTs or, in-depth research on how technologies in many if they examine government use of technology, they fields are being adopted provides ample evidence tend to focus on the efficiency dimension . The re- that functionalities and impact are by no means sult is a research, advocacy and policy debate that predetermined by technological properties, but pays only limited attention to tracking, probing and are being actively shaped, filtered, subverted and helping to improve the many technology projects altered by contextual factors, unexpected circum- that governments have embarked upon in the name stances or influential user groups that make them of tackling corruption and boosting integrity . serve their own interests . This is unfortunate, particularly because an- Yet lessons from meticulous studies of tech- ecdotal evidence and what we know about how nology development and adoption also highlight technologies are being shaped and implemented the role that careful analysis, awareness raising, provide some reason to be sceptical about overly technology design, enabling policies and related exuberant predictions of how potential functionali- advocacy can play in realising the desirable social ties actually translate into impact . potential and impacts of technologies . It has long been received wisdom on the in- Taken together, all these insights confirm the dustry side, for example, that as many as two out need and urgency to look more closely at how gov- of three large-scale ICT projects fail to achieve ernments’ use of integrity technologies works out all of their intended results . Even if this number in practice, and how an essential ecology for related 13 may appear a bit exaggerated, it still points at a research and advocacy can be nurtured . n

12 World Bank Independent Evaluation Group (2011) op . cit . 13 For some ideas on how to map the degree of research and civil society engagement, identify critical gaps and plot a way forward, see the related background paper by Zinnbauer, D . (2012) forthcoming on SSRN .

Thematic reports / 15 Secrecy, privacy and transparency: The balance between state responsibilities and human rights

Emma Draper revealing certain information would be a breach of Privacy International their right to privacy when they are in fact attempt- www .privacyinternational .org ing to conceal dishonesty and wrongdoing . Narrow focus, narrow freedoms Introduction The existence of FOI/RTI legislation is predicated In 1929, Walter Benjamin wrote that “[t]o live in a on the idea that government transparency should glass house is a revolutionary virtue par excel- be the norm and that state bodies will only shield lence… Discretion concerning one’s own existence, their actions from view temporarily and when it is in once an aristocratic virtue, has become more and the public interest to do so . The Information Com- more an affair of petit-bourgeois parvenus .”1 For missioner’s Office guidance to the UK Freedom of Benjamin, and for many other Western Europeans, Information Act 2000 states: “Disclosure of infor- the 20th century was a time of “porosity, transpar- mation should be the default .”4 Yet some aspects ency, light and free air,”2 conceptualised in direct of FOI/RTI legislation give public authorities far too opposition to the opaque and furtive 19th century . much scope to restrict its application and remove Yet he failed to predict that, while the average whole sections of government from its scope . The citizen would over the next 80 years come under in- US Act (FOIA) 1966, for ex- creasing scrutiny from every angle, the operations ample, is one of the earliest and most influential of the state would remain comparatively impenetra- examples of its kind, yet it only applies to the ex- ble . Criticising the utopian ideal of the glass house ecutive branch and independent departments and in his 1986 work The Art of the Novel, Milan Kundera agencies and contains nine exemptions that have complained: “Though it represents a public thing, permitted many arbitrary denials of applications . bureaucracy is anonymous, secret, coded, inscru- There is also very little effective oversight of its table, whereas private man is obliged to reveal his operation and virtually no effective remedy avail- health, his finances, his family situation…” able to citizens if agencies fail to meet their FOIA Despite the fact that, as of January 2012, over 90 obligations . countries around the world had implemented free- Despite the Act’s inherent problems, most US dom of information (FOI)/right to information (RTI) presidents historically encouraged interpretations legislation3 and many political parties around the in favour of citizen access – but this all changed world now campaign on platforms of openness and with September 11 and the Bush administration’s transparency, in many respects this situation per- “War on Terror” . In 2004, Phillip Doty complained sists today . There are three main reasons for this: that “[t]he current administration, unfortunately, a) FOI/RTI legislation is not applied sufficiently using 9/11 and other supposed ‘national security’ widely or consistently, both because certain bod- concerns, has turned things upside down – the ies enjoy blanket exemption from it and because former presumption that government should make the laws themselves contain overly broad excep- records available unless there is a compelling case tions; b) when government-held data is published, otherwise has now become a presumption that it is often done so in such a way that it is extremely records should remain hidden from public view difficult for citizens to make sense of the informa- unless there is a compelling case made for their tion; and c) public officials frequently claim that publication .”5 Barack Obama campaigned on a platform of transparency, and on his first full day as 1 Benjamin, W . (2005) Surrealism: The Last Snapshot of the European Intelligentsia, in Jennings, M . et al . (eds .) Selected Writings Volume 2, Part 1: 1927-1930 . 2 Quoted in Buck-Morss, S . (1991) The Dialectics of Seeing: Walter 4 www .ico .gov .uk/for_organisations/freedom_of_information/ Benjamin and the Arcades Project. guide/act aspx. 3 right2info .org/access-to-information-laws/access-to-information- 5 Doty, P . (2004) Government, Secrecy and Privacy: Dare we frame laws-overview-and-statutory#_ftnref7 the fearful (a)symmetry?

16 / Global Information Society Watch president claimed: “My Administration is commit- Information overload ted to creating an unprecedented level of openness In her essay “The Fog of More”, Sarah Leonard 6 in Government ”. Yet Obama’s presidency has in commented that “the display of lots of information fact been marked by increased resistance to FOIA online has itself come to symbolize transparent, 7 requests at the agency level and in the courts, an healthy democracy .” However, when governments unprecedented crackdown on whistleblowers and focus their energies on simply publishing as much 8 leakers and the disbursement of USD 10 billion information as possible (what Leonard calls “the on classifying official secrets . In January 2011, the virtuous data dump”), the effect is ultimately coun- Assistant Solicitor General told the Supreme Court terproductive: the vast quantities of raw data are so that the administration “do[es] not embrace” the daunting and difficult to parse that to the average principle (well-established by decades of case law) citizen the operations of the state – far from being that exceptions to FOIA should be “narrowly con- clarified – seem even more obscure . strued” because of the law’s presumption in favour The solution to this problem is twofold . Firstly, 9 of transparency . governments themselves could make more effort to In the UK, Privacy International’s experience publish information in intuitive formats, breaking of making FOIA requests, particularly to the Met- data down by category or time period, ensuring that ropolitan Police and other regional police forces, it is fully and effectively searchable by keyword, has been a disappointing one . Most of our requests and publishing supplementary data­sets to aid have been met with point blank refusals in ac- analysis . For example, in June 2010 the UK Treasury cordance with section 23(5) of the 2000 Act: the released several years’ worth of COINS (Combined absolute exception for information directly or indi- Online Information System) data through BitTor- rectly supplied by the security services or relating rent . COINS is the system the Treasury uses to keep to the security services . The Information Commis- track of spending across the public sector . Two sioner’s Office (ICO) guidance on section 23 states: months later, they published the first in a series of “This exemption is not based on the content of the additional datasets utilising the raw data, in the ex- information or the likely effect of disclosure . It ap- pressed hope of “mak[ing] key parts of the COINS plies to all information supplied by or relating to data accessible, manageable and comprehensible one of these bodies, even if it does not relate to to the wider public, whilst maintaining a low level of national security, or would not have a damaging aggregation .”11 However, the Treasury’s guide to the 10 effect if disclosed ”. When drafting FOI/RTI laws, COINS release acknowledged that, even with these legislators should think carefully before includ- additional datasets, “the files are large and the data ing provisions that provide blanket protection for held within the files complex . Using these files will certain sections of government . Even bodies that require some degree of technical competence and deal with sensitive matters of national security expertise in handling and manipulating large vol- should not be rendered entirely opaque and unac- umes of data . It is likely that these data will be most countable, and including absolute exceptions of easily used by organisations that have the relevant excessively broad scope allows public authorities to expertise, rather than by individuals . By having ac- shield themselves from embarrassment under the cess to these data, institutions and experts will be banner of national security . Legislators should err able to process and present them in a way that is on the side of transparency by making exceptions more accessible to the general public .” qualified rather than absolute whenever feasible, The Treasury was correct to assign the lion’s meaning that the public interest in maintaining the share of analysis to external parties . The problem exemption must be weighed against the public in- with leaving the responsibility for categorising, ag- terest in transparency . gregating, dissecting and analysing data entirely in the hands of governments is that such activity tends to involve imposing subjective hierarchies, meaning that the data is filtered through certain perspec- tives and priorities . While this is still the case when 6 www .whitehouse .gov/the_press_office/ TransparencyandOpenGovernment “institutions and experts” are performing the task, 7 www .politico .com/news/stories/0312/73606 .html there will at least be a range of different interests 8 www .politico .com/news/stories/0510/37721 .html at play, a reduced interest in concealing govern- 9 www .freedominfo .org/2011/01/u-s-supreme-court-hears- ment error or corruption, and thus less potential corporate-privacy-case 10 www .ico .gov .uk/upload/documents/library/freedom_of_ information/detailed_specialist_guides/s23_security_bodies_v1_ fop097 .pdf 11 www hm-tr. easury .gov .uk/psr_coins_data htm.

Thematic reports / 17 for compromising the principles of transparency . rights – or rather the information duties and obli- Government bodies should encourage as much civic gations on those who are holding either personal participation in data analysis as possible by wide- or official information . Both are heavily concerned ly advertising the availability of raw data and by with transparency and access . Both have a wide rewarding the most innovative and useful approach- horizontal impact affecting virtually every aspect of es . For example, the NYC BigApps project offered public, commercial and private life .”14 USD 50,000 in cash and other prizes to software More broadly, both privacy and transparency developers for the best new apps utilising New York are tools of public good essential for the proper City open data to help local residents, visitors and functioning of a democratic society, and both are businesses 12. defences against abuses of power . Yet there are So-called “civic hackers” like the ones that par- inevitably times when they come into conflict . For ticipated in the BigApps challenge often pick up the example, many records held by public bodies in- slack when the state fails to provide even the most evitably identify, or contain personal information rudimentary tools for understanding the informa- about, their employees . It may well be in the public tion it disgorges . The website Indian Kanoon was interest for there to be transparency about the sala- born of its developer’s frustration with the failings ries or salary brackets attached to certain roles, the of the official Indian government judicial rulings level of seniority of officials responsible for mak- website (www .judis .nic .in), which has extremely ing certain decisions, or which officials attended poor keyword search capabilities and does not certain meetings with third parties . Public bodies order search results by relevance . As a result, the also hold the kind of personal data many employers wealth of information it contains – over 1 .5 million require of their employees, such as their home ad- rulings – is rendered largely unusable . Sushant dresses, salary information, employment histories Sinha launched Indian Kanoon in January 2008 . and photographs, and occasionally (though rarely), The website indexes judgements from the Supreme it may be in the public interest for some of this infor- Court, the high courts and various tribunals and mation to be revealed . Yet the right to information links them to the relevant statutes . Importantly, it enshrined in domestic legislation cannot automati- provides all these tools free of charge . cally trump the human right to privacy, or vice versa Public access to, and understanding of, national – one must always be weighed against the other . law is crucial to any functioning democracy . As Sin- Every national FOI/RTI law in the world has ha explained: “Even when laws empower citizens an exemption for personal privacy, and it is an ex- in a large number of ways, a significant fraction of tremely popular one; in the US the exemptions for the population is completely ignorant of their rights personal privacy and law enforcement records con- and privileges . As a result, common people are cerning individuals have consistently been the two afraid of going to the police and rarely go to court to most frequently used exemptions, and in Canada, seek justice . People continue to live under the fear the privacy exemption was used in 31% of all re- of unknown laws and a corrupt police .”13 Indian Ka- fusals .15 Given the vast, and increasing, amounts noon is now helping to remedy that situation; it is of information about citizens held by most govern- used by approximately half-a-million unique users ments, strong safeguards designed to prevent the per month, widely promoted on Twitter and Face- unwarranted release of sensitive personal details book, and since March 2012 a mobile version has are crucial . However, it is equally important that been available . the right to privacy not be used as a “fig leaf” for the mistakes or misdeeds of public officials . For ex- Privacy versus transparency? ample, during the battle for the publication of the The traditional expression of the relationship be- expenses of British members of parliament (MPs), tween privacy and transparency as a balancing act it was repeatedly claimed that disclosing certain between the rights of the individual and the inter- information (e .g . detailed breakdowns of claims ests of the community is a false dichotomy that has for running second homes) would be an invasion of led to a great deal of confusion in the operation of the MPs’ privacy . When the courts finally ruled that FOI/RTI laws . There is in fact a significant overlap in such information ought to be disclosed, it became the contents of the two regimes, as former UK Infor- mation Commissioner Richard Thomas has noted: 14 Thomas, R . (2008) Freedom of Information and Privacy – the “Both involve the growing discipline of information Regulatory Role of the Information Commissioner, paper presented at the Centre for Regulated Industries Occasional Lecture 21, National Liberal Club, London, UK, 9 January . 12 2011 ny. cbigapps .com 15 wbi .worldbank or. g/wbi/Data/wbi/wbicms/files/drupal-acquia/ 13 www .technologyreview .com/tr35/profile .aspx?TRID=1049 wbi/Right%20to%20Information%20and%20Privacy .pdf

18 / Global Information Society Watch clear that many MPs had been abusing the system and teachers . While the public good that flowed by wrongfully claiming thousands of pounds of from this invasion was ultimately very significant, it taxpayers’ money to cover bogus costs or extrava- was unclear beforehand that the publication of the gances far beyond the realm of acceptability . children’s names would benefit anyone except, pos- Some cases may be considered less clear- sibly, Limpaovart’s daughter . The balancing of the cut . In 1998, the daughter of a Thai woman called right to information and the right to privacy is per- Sumalee Limpaovart was denied entry to the elite, haps one of the more challenging aspects of FOI/ government-run Kasetsart Demonstration School . RTI legislation, and getting that balance wrong can Limpaovart was told that her daughter had failed have disastrous consequences . the entrance exam . She subsequently requested the In conclusion, it seems that there is still room test results for her daughter and the 120 successful for improvement in both the drafting and the appli- applicants; the school refused, but she appealed cation of FOI/RTI legislation . Candidates for public to Thailand’s Official Information Board for an or- office tend to pay lip service to government trans- der to force the school to release the information . parency but show little genuine commitment to it While the appeal was in process, the school offered once in power . Officials still see both national securi- a compromise: an anonymised list of test results . ty and privacy as “get out of jail free” cards allowing To include the children’s names, the school argued, them to dodge requests for embarrassing informa- would infringe their right to privacy . The list showed tion . And many governments have yet to learn that that a third of the students had also received a “fail- disorganised outpourings of information actually ing” grade, but had nonetheless been given a place undermine transparency . Yet for dozens of countries, at the school . Limpaovart suspected that these particularly in the developing world, FOI/RTI laws students were dek sen, children from privileged are still relatively new, and enthusiasm around them families who used social connections or bribes to is high . People are aware that, when used effectively secure their offspring’s entrance to the (publicly by citizens and applied correctly by public officials, funded) school, but it took another year before the they can be a powerful tool for combating corruption Board ordered the disclosure of students’ names . and holding the powerful to account . By contrast, It then became clear that many of them came from government transparency seems to be dwindling prominent political and business families . The Thai in the US, which has had a Freedom of Information State Council ultimately ruled that the school’s Act for over half a century . It may be that the right admissions policy violated the constitutional pro- to information, like a muscle, needs frequent and tection against economic and social discrimination, vigorous exercise in order to function as effectively and schools across Thailand were ordered to reform as possible . Regular FOI/RTI requests remind gov- their admissions procedures . ernments that state transparency is the rule, not the In this situation, the anonymised list of test exception to the rule, and that every citizen has the results was not enough to reveal the corruption at power to expose dishonest or abusive systems at his the heart of Thailand’s education system; expos- or her fingertips . And although the role of the inter- ing (and thus ending) this corruption required that net in realising and strengthening this power is not the children’s privacy be invaded and their names always a straightforward one, information technolo- published . Yet unlike the MPs, the children were gies can be extremely valuable tools for promoting not responsible for the misdeeds of their parents transparency and empowering citizens . n

Thematic reports / 19 Transparency reporting

James Losey and Grady Johnson transparency reports, and the relevant data that Open Technology Institute should be reported . Finally, we discuss the role of www .opentechinstitute .org governments and how they can support a demo- cratic discussion of these issues .

Don’t censor censorship: Why transparency? Why transparency is essential Internet companies operate in a complex legal en- vironment and restrictions of content online can to democratic discourse differ greatly between countries . For instance, the United States’ (US) Digital Millennium Act Introduction requires the prompt and thorough removal of content As the internet has grown, so have the interpreta- deemed to infringe copyright – a process initiated not tions of how national laws should be applied and by the government but private actors . In India, the enforced . How governments and companies per- Information Technologies Rules require websites to ceive their various roles in this debate has a direct block content that could be considered harmful, har- impact on freedom of expression and privacy, and assing, blasphemous, defamatory or libellous,1 while though their full extent remains unknown, today Thailand’s Computer Crimes Act is actively used to censorship of online content and the sharing of prosecute individuals and even website operators for users’ private data are established practices . It is content considered defamatory to the royal family 2. how we approach this fact going forward that mat- How companies interpret local laws – and how and ters, and both governments and companies have when they comply – can have profound implications a role to play in fostering an honest and informed for freedom of expression . conversation . A company’s terms of service can also impact Every society must contend with questions heavily on users’ rights . Beyond their legal require- around the sanctity of citizens’ private information ments, companies act as de facto sovereigns of their about what constitutes acceptable content . The piece of cyberspace – in her book, Consent of the goal of transparency is not to prescribe policy, but Networked, Rebecca MacKinnon describes these to create space for a democratic discussion of the online kingdoms by names like “Facebookistan” trade-offs each society must ultimately make . As and “Googledom” . The community guidelines for citizens and users, it is important to understand the popular blogging site Tumblr explicitly forbid how and when our communications may be blocked users from posting content that is “harmful to mi- or monitored, by whom and for what reasons . nors” or “malicious bigotry” .3 Both Facebook4 and Increasingly, those governments most eager Tumblr5 have recently updated their policies to in- to remove content and access users’ private data clude content dedicated to self-harm and eating are not “the usual suspects”, but many Western disorders . Despite their obvious impact on freedom democracies that concurrently support concepts of expression, there is little transparency around of internet freedom . Ultimately, any policies with how companies craft these policies, or evaluate the potential to impact citizens’ and users’ rights when and if violations have occurred . to free expression and privacy must be subject to intense scrutiny . Transparency is essential to this 1 www mit. .gov .in/sites/upload_files/dit/files/ GSR314E_10511%281%29 .pdf process . 2 See Tunsarawuth, S . and Mendel, T . (2010) Analysis of Computer This report provides an overview of how some Crime Act of Thailand, Centre for Law and Democracy, available companies are already taking steps to be more at www .law-democracy or. g/wp-content/uploads/2010/07/10 .05 . transparent, and how these efforts can be expand- Thai_ .Computer-Act-Analysis pdf. 3 www tumblr. .com/policy/en/community ed and improved upon . This includes a discussion 4 www facebook. com/communitystandar. ds about what types of companies should consider 5 www bbc. co. uk/newsbeat/1. 7195865

20 / Global Information Society Watch Companies are also under increasing pressure report in September 2010 .11 Since then, Sonic .net, to release their users’ data . These requests typically SpiderOak, LinkedIn, Dropbox and now Twitter come from law enforcement agencies and can in- have all released statistics that can provide details clude a user’s identity, their files or the contents of on content removal and compliance with requests their communications . In 2011 alone, mobile phone for user data .12 While Google and Twitter (which providers in the US complied with 1 .3 million re- operate internationally) have more expansive trans- quests for user data 6. How companies make sense parency reports, other companies’ transparency of these requests – and, crucially, when and if they reports contain innovative ideas worth noting . comply – is a pivotal question . The complex interplay between governments Government removal of content and companies in limiting freedom of expression Twitter and Google both document government re- and the right to privacy makes obvious the need for quests for the removal of content . These are typically greater transparency . Law professor Derek Baum- divided between requests from law enforcement bauer argues that the “legitimacy of censorship is and court orders, and are further subdivided by best judged by the process through which a state country . Significantly, both companies also include arrives at blocking decisions .”7 This question of their rate of compliance – that is, the percentage of how policies are developed and their impact in prac- times they complied with takedown notices versus tice applies to the question of surveillance as well . those they refused . Google further breaks down the However, debates on how data is used or content requests by product and reason . is blocked should not take place in a vacuum . Indeed, as MacKinnon notes in her book, Google’s intent on Removal due to copyright claims publishing their transparency report was to “start a Both Twitter and Google document copyright- conversation about censorship and surveillance ”. 8 related takedown requests . Google’s report cites the While some might argue that there is no legitimate number of notices and the compliance rate, while basis to surveil a conversation, others are willing to Twitter also includes the number of users/accounts accept the practice under a certain bar of due proc- affected and the number of tweets removed . Neither ess . The same can go for the blocking of content . In specifies in which country the request originates . his report, Frank La Rue, the United Nations Special Google first included content removed as a re- Rapporteur on the Right to Freedom of Opinion and sult of copyright claims in May 2012 .13 Its report Expression, outlined cases in which online content reveals that Google receives thousands of copyright may be blocked, provided it meets specific criteria – infringement notices on a weekly basis – between including a sufficient measure of transparency 9. May-June 2012 alone, nearly two million URLS were Transparency reporting mechanisms are a vi- requested to be removed from Google’s search re- tal component for debating both the efficacy and sults . Significantly, Google does not include data on validity of content censorship and lawful intercep- copyright removal requests for its other products tion of communications in an open society . These like Blogger and YouTube . Twitter and Google both reports can be published by both companies and send copies of copyright takedown requests to the governments . Chilling Effects Clearinghouse 14.

Existing transparency reports Requests for user data A handful of companies have already begun to pub- Several companies document government or lish transparency reports 10. Google helped pioneer court-ordered requests for user data, including the practice, publishing their first semi-annual Twitter, Google, Sonic .net, LinkedIn, SpiderOak and Dropbox . In its inaugural transparency report, 6 www wired. co. m/threatlevel/2012/07/mobile-data-transparency/all 7 Bambauer lists four traits of “legitimate censorship”: it is openly 11 mashable .com/2010/09/21/googles-transparency-report described, transparent about what it restricts, narrow in the 12 To visit these transparency reports please visit: material to which it applies, and accountable to the people it Google: www .google com/tr. ansparencyreport seeks to protect . Bambauer, D . E . (forthcoming) Orwell's Armchair, Twitter: support .twitter .com/articles/20170002 University of Chicago Law Review; Brooklyn Law School Research Sonic .net: corp .sonic net/ceo/201. 2/04/13/transparency-report Paper No . 247, available at SSRN: ssrn .com/abstract=1926415 LinkedIn: help .linkedin com/app/answ. ers/detail/a_id/21733 8 MacKinnon, R . (2012) Consent of the Networked: The Worldwide SpiderOak: spideroak .com/blog/20120507010958-increasing- Struggle for Internet Freedom, p . 245 . transparency-alongside-privacy 9 www2 .ohchr .org/english/bodies/hrcouncil/docs/17session/A . Dropbox: www dr. opbox com/tr. ansparency HRC .17 .27_en .pdf 13 googleblog .blogspot com/201. 2/05/transparency-for-copyright- 10 EFF discusses these in their report Who Has Your Back . Our removals-in .html intention is to provide more analysis and offer recommendations . 14 www chillingeffects. .org/twitter, www .google com/. www .eff .org/pages/who-has-your-back transparencyreport/removals/copyright/faq

Thematic reports / 21 Twitter documents requests for user data, total intellectual property rights . Further complicat- number of users impacted, and the percentage ing the matter are the safe harbour provisions in of requests complied with for 23 countries, while laws like the Digital Millennium Copyright Act, Sonic .net and SpiderOak publish data on requests which grants immunity to service providers pro- within the US . LinkedIn publishes the number of vided they remove the offending content within requests received, member accounts impacted, 24 hours . The sheer volume of requests, coupled and their compliance rate for five countries, in- with such restrictive response times, is a recipe cluding the US . Google also documents requests for overblocking . Indeed, it is a well-documented for user data, including the number of requests occurrence .16 received per country (with some exceptions), the Given this reality, our recommendations are number of users/accounts associated with the three-fold . First, companies must formulate and requests, as well as the percentage that Google publish their internal mechanisms for processing complied with . The data requests listed here refer requests, including a clearly articulated appeals only to criminal investigations . process for users who feel their content has been Cloud services are particularly relevant with re- removed unfairly or by mistake . Second, a regular gards to user data requests . Dropbox documents transparency report should document the number how many times law enforcement requests data of takedown notifications, the amount of content in- while Sonic .net subdivides these requests into civil cluded in each request, the rate of compliance, the subpoenas and law enforcement requests . Sonic . number of users affected, and the number of remov- net also lists how much data was surrendered, in- al requests published . Finally, reports should also cluding their rate of compliance . SpiderOak goes a cite from whom the request originated and under step further and differentiates between federal law which law or laws the content has been challenged . enforcement requests and state law enforcement Where possible, companies should include the URL requests . The company also lists how many court or at least a brief description and categorisation of orders were issued, the number of times user data the content that has been removed . was surrendered, and the rate of compliance . Additionally, users should be notified (as far as is possible) that their content has been removed . Additional transparency “Users” in this case refers not just to the content Google includes real-time and historic traffic data in owner, but all users – visitors should be present- their transparency report, which can be used to doc- ed with a visible notification when attempting to ument when services are not accessible in specific access the original content . One example is the countries 15. In one famous case, the data from Egypt suggested 451 error code, inspired by the book in January 2011 was used to document the precipi- Fahrenheit 451 17. Lastly, companies should publish tous falls in traffic as the internet service providers the takedown requests through the Chilling Effects were shut down, one at a time . Clearinghouse or similar databases . Often, companies are forbidden from inform- Faced with such an overwhelming number of ing their users that they have turned data over to takedown requests, companies are bound to make law enforcement . In order to circumvent this, some mistakes . The purpose of transparency is to give companies have implemented a “warrant canary”, users the tools to detect them, and to provide an ap- an automated system telling users at regular inter- propriate means of recourse when such accidents vals that their data has not been requested . If the occur . canary falls silent, users should assume their data has been accessed . Government removal requests Government removal requests take many forms, Recommendations and any reporting should reflect this . Companies Private industry should first differentiate between requests that originate from government agencies and those from Copyright removal legal cases . Government agencies should be further Responding to copyright-related takedown notic- subdivided into federal and local law enforcement – es is a unique challenge . This is by far the most or any other state entities – and court-issued orders common form of content removal, typically issued via private firms or individuals, and often involves interpreting complex questions of fair use and 16 www .openrightsgroup .org/blog/2012/new-reports-of- overblocking-on-mobile-networks 17 www .guardian .co .uk/books/2012/jun/22/ray-bradbury-internet- 15 www .google .com/transparencyreport/traffic/ error-message-451

22 / Global Information Society Watch separated from informal requests (if such requests Governments are to be honoured at all) . Perhaps most important- Governments can also play a crucial role in in- ly, reports should make clear the reason (citing any creasing transparency . By reporting on their own applicable laws) for the removal of content . takedown and user data requests, governments Without knowing the origin, justification and have the opportunity to show their commitment to legal processes involved in a request, it is impossi- openness and also to corroborate reports from pri- ble to judge its validity . Speculating that Argentina vate industry 19. blocks less content than say, Italy, invites only un- Governments should first create a public re- fair comparisons . Equally important to the amount source on the policies that allow the restriction of of content removed is the procedure through which content online, or which government agencies are requests are issued and processed . permitted to access the personal data or commu- As with copyright, whenever content is removed nications of citizens . Second, governments should there must be ample notification . A “block page” or track and publish statistics on all requests to block 451 error code is appropriate in this case and should content or access user data . This is already partly include the relevant laws and agencies associated in practice in many countries – in the US, courts with the request . release an annual document on all authorised wire- taps (with some exceptions) . However, this report Government requests for user data excludes other types of surveillance, like requests Requests for user data are a complicated issue . for user identities, communications history, mes- Companies are obliged to cooperate with local sages and location tracking .20 A complete report governments, but they also have a responsibility would document all such requests and classify to protect their users’ privacy . Transparency in this them accordingly . case is not straightforward: several companies have Finally, governments should contribute this in- made the case that publishing user data requests formation to a public database of all such requests . 18 could threaten ongoing investigations . Currently, the Chilling Effects Clearinghouse serves The solution here is first and foremost proce‑ as a repository for takedown requests, including dural transparency . Like governments, companies copyright and parody,21 and could be expanded to must have clearly articulated procedures for when incorporate this new data . and how they are allowed to access and share their users’ private information . When this process has Conclusion not been honoured, companies are obliged not to Transparency is not a panacea for the abuse of hu- comply . Companies should further detail and pub- man rights, nor do transparency reports alleviate lish what constitutes an unreasonable request, and companies and governments of fault when restricting make it policy to challenge such requests and any freedom of expression . Governments and companies associated gag orders . alike are well positioned to provide this debate with Companies should report on the number and accurate and timely data supporting a democratic type of requests, with at least a distinction between debate on policies that result in censorship and those with warrants and without . This data should surveillance . Combined with scrutiny, transparency then be divided by country and include the agency reports provide a necessary, but not sufficient, com- or agencies involved and any applicable laws . In- ponent of supporting internet freedom . n cluded should be the compliance rate, as well as any legal challenges against unreasonable requests . Unless specificallyordered otherwise, company policy should be to inform users that their data has been accessed . Some companies may also want to consider implementing a warrant canary system if they lack the legal resources to challenge unrea- sonable gag orders .

19 One concept of this idea is outlined by Joakim Jardenberg in the Stockholm Principles . stockholmprinciples .org 20 www .uscourts .gov/Statistics/WiretapReports/WiretapReport2011 . aspx, www aclu. or. g/protecting-civil-liberties-digital-age/cell- phone-location-tracking-public-records-request 18 www .google .com/transparencyreport/userdatarequests/faq 21 www .chillingeffects or. g

Thematic reports / 23 Using technology for collaborative transparency: Risks and opportunities

Shawna Finnegan power structures, but often fails to, based in part on Association for Progressive Communications (APC) how problems are framed and the capacity of users www .apc .org to interpret and use information 2. Many of these same power and knowledge asym- Introduction metries plague technology projects, particularly as they have begun to tackle complex governance is- By undermining public trust and eroding societal in- sues . While open source technology is a valuable frastructure, corruption contributes to and is broadly tool in implementing transparency, work towards indicative of widening power inequalities in many accountability and good governance is complex, countries . The often insidious nature of corruption with high stakes and a diverse set of stakehold- makes it difficult to address, and often requires sub- ers . Issues of privacy, security, trust, inclusivity and stantial changes to regulation and public oversight . capacity take on new importance as technologists Transparency is an important tool in combating navigate real-world communities, which in many corruption, exposing weaknesses in governance struc- cases hold very different values to those espoused tures and encouraging participation in governance . by the open source community . At the same time, Open and crowd-sourced approaches to informa- local groups, government, mass media, NGOs and tion provide an opportunity to extend the link between the global community must make space for tech- transparency and participation further, providing an nology and the new skill sets required to integrate enormous opportunity for sharing and accessing in- online tools into development work . formation on not just corruption, but all aspects of Examining a series of technology-for-transpar- governance . However, as recent technology-driven ency pilot projects,3 this report begins with a brief transparency projects have demonstrated, effecting investigation into some of the obstacles to effective offline change is a long and complex process . This implementation, highlighting the communication report examines the barriers to effective technology- and knowledge network gaps that exist . Turning driven transparency, highlighting the importance to recent research on this topic, the report goes of multi-stakeholder collaboration in implementing on to explore the concept of collaborative learning transparency and overcoming these obstacles . networks and their impact on existing gaps in en- Transparency and technology in a wider context gagement, trust and knowledge . While transparency is a tool for combating corrup- tion, it is also part of overarching societal goals of Undermining accountability: Barriers faced accountability, democratisation and good govern- by technology-for-transparency projects ance . This connection is based on the assumption Turning online activity into offline change contin- that using newly disclosed information, citizens, ues to be a struggle for digital activists all over the media, civil society and government officials will world, and projects aimed at addressing issues of investigate and positively influence policy . This is a corruption are no exception . Low engagement and big assumption, and is very much tied into specific a lack of infrastructure are commonly cited obsta- political, social, economic and cultural contexts . For cles for many technology projects; however, they example, existing evidence suggests that the de- are particularly relevant in the case of transparency, mocratising power of transparency depends largely where participation from a diverse set of actors is on its ability to link into ongoing political and social essential to the success of most initiatives . Privacy mobilisation 1. Transparency can transform existing and security are also growing concerns, particularly

1 Berdou, E . (2011) Mediating voices and communicating realities: using information crowdsourcing tools, open data initiatives and 2 Mason, M . (2008) Transparency for whom? Information digital media to support and protect the vulnerable and marginalised, disclosure and power in global environmental governance, Global Institute for Development Studies . www dfi. d go. v uk. /r4d/PDF/ Environmental Politics, 8(2), p . 8-13 . Outputs/Misc_InfoComm/IDS_MediatingVoices_FinalReport pd. f 3 Taken largely from transparency .globalvoicesonline or. g

24 / Global Information Society Watch given the recent trends toward government censor- dependent media must be aware of and able to use ship and monitoring 4. the information collected by technology projects in order to hold governing actors accountable . Low engagement A lack of engagement with governing actors at Effecting offline change often requires a shift in various scales can also be a substantial obstacle perception of civic engagement . While many tech- in combating corruption through technology . Dis- nology projects report substantial interest from trust, animosity and secrecy are commonly cited citizens, some, particularly those focusing on dis- issues for technology projects working towards seminating government information rather than on government accountability, often exacerbated by collecting citizen input, have difficulty gaining and a lack of communication and consultation on both sustaining citizen engagement . In many countries, sides . Government officials can be an essential ally there is little public awareness and understanding in increasing government transparency, pushing of government activity, or of the power of citizen for legislative reform based on reported data . This oversight . The founder of Cidade Democrática was the case in Bangalore, where the transport (“Democratic City”) in Sao Paulo, Brazil observed commissioner for the state of Karnataka used data that the majority of citizens believe that improving collected from the online platform “I Paid a Bribe” civic services is not their responsibility, due in part to push through reforms in the motor vehicle de- to the top-down nature of the state .5 In Venezuela, partment, including online applications and video ProAcceso, a project pushing for right to informa- monitoring to drive down corruption and increase tion (RTI) laws, found that even where laws existed transparency 9. to protect and empower citizens, they were not well One of the most commonly raised issues among known or understood . In response, the project de- pilot technology projects is the need for clear out- velopers instead focused on providing information comes from citizen engagement . In many cases that is directly relevant to individual and community there was significant interest from communities, life – such as information on education and public but when the project was unable to effect change, health for a mother with young children 6. interest and support for the project waned .10 Con- When data is being collected from individu- versely, when participants felt that their input had als and communities, low engagement could also led to a definitive outcome, even if that outcome be a result of distrust or poor relationships with did not translate directly into accountability, confi- the intended users of disclosed information . Local dence in the value of the tool, and in contribution, mappers working on the Map Kibera community increased . mapping project were originally met with suspicion This has been the case for the Kiirti11 programme by residents, and questioned about their right to in India, which aggregates and visualises citizen collect and record information . Some mappers were complaints and questions on a variety of issues us- asked whether they were being paid for their work, ing FrontlineSMS and Ushahidi . According to the or were asked for payment in return for the data developers of Kiirti, users of the platform are able to they received .7 bring about a change in their community with mini- Engagement with mass media and citizen jour- mal effort . These changes are often very local, such nalists is also an essential component to achieving as changing a streetlight or paving a road; however, wider social impact by transparency-for-technolo- there is a substantial impact on the mindset of us- gy projects . When asked how their project would ers, and there is an expectation that as participation spend additional funding, many transparency pilots increases, governing actors will be forced to tackle interviewed by Global Voices focused on citizen more complex issues . and local media capacity building with online tools, new media, reporting and investigating 8. This is Lack of infrastructure an important aspect of taking technology projects In discussing technology, infrastructure is often un- beyond the “disclosure” stage . Local mass and in- derstood as the physical networks required for access to the internet . But this is only one of many struc- tures needed to realise the potential of transparency . 4 For example: www .apc .org/en/press/digital-security-becomes- key-concern-women-rights 5 transparency .globalvoicesonline .org/project/cidade-democrática 9 Strom, S . (2012) Web sites shine light on petty bribery worldwide, 6 transparency .globalvoicesonline .org/project/proacceso The New York Times, 6 March . www nytimes. .com/2012/03/07/ 7 Berdou (2011) op . cit . business/web-sites-shine-light-on-petty-bribery-worldwide .html 8 For example: transparency .globalvoicesonline .org/project/penang- 10 For example: transparency .globalvoicesonline or. g/project/centre- watch; transparency .globalvoicesonline .org/project/african- monitoring-election-violence elections-project 11 transparency .globalvoicesonline or. g/project/kiirti

Thematic reports / 25 Technology projects also rely on what is sometimes Language is another aspect of soft infrastruc- referred to as “soft infrastructure” – systems of gov- ture that, if overlooked, can significantly restrict ernance, education, regulation, culture and social the impact of technology-driven transparency . support 12. These structures are very much tied into In compiling best practices for ICTs, Talyarkhan issues of engagement, and in some cases it may notes the importance of addressing local language be necessary to build up soft infrastructure before needs before developing communication strat- effectively engaging various actors . Ideally, technol- egies .18 This is particularly important given recent ogy-driven transparency projects should have clear calls for more online content in local languages in frameworks for implementation and progression, countries such as South Africa .19 Moreover, many which ultimately rely on existing and emerging net- people prefer to receive information orally at face- works of activism, institutional and financial support, to-face meetings, which allow for demonstrations and participant capacities . and follow-up .20 In Malaysia, the coordinators of The founders of Map Kibera revealed the im- Penang Watch used face-to-face meetings to col- portance of infrastructure in their community lect citizen complaints, train participants and build information project, which originally started as interest in the project .21 a three-month pilot .13 Partnering with the Kib- era Community Development Agenda (KCODA), a Privacy and security side project for Map Kibera involved developing The potential for transparency to threaten the an online mapping application to monitor the sta- security of marginalised communities and to rein- tus of projects funded by the Kenya Constituency force existing power inequalities carries no small Development Fund (CDF) . Individuals could sub- risk . Governing authorities may garner interna- mit photographs and reports on the real status of tional legitimacy and attract funding while at the projects, contrasting those with official govern- same time exerting increased control over com- ment reports . Information was also provided on munities through greater understanding of local the amount of funding allocated, the contractor conditions . As information is gathered by state or involved, and geographic location . Unfortunately, external authorities, it is reduced to standardised there was limited time for training with the web pieces of information that allow citizens to be easily application, and the collection of evidence was managed 22. not well organised . When the tool was presented In her 2011 report on the opportunities and chal- at a community forum on local budgets, some of lenges of open ICT for vulnerable and marginalised the reports were shown to be out of date, which communities, Evangelia Berdou highlights tensions weakened confidence in the tool more broadly 14. Re- and risks associated with the open provision, collec- flecting on the project, one of the developers, Mikel tion and dissemination of information in the context Maron, suggested that limited time and resources of under-resourced and politically contested spaces . were substantial constraints to building capacities The results of an in-depth study of Map Kibera in the and structures for long-term engagement 15. first six to eight months of the project revealed per- Short-term funding is a major issue for many sistent barriers to accessing information and risks technology projects, and can prevent the develop- of project participant exploitation due to increased ment and maintenance of essential structures . At a visibility . Young mappers received requests for recent workshop hosted by the Bridging Transpar- collaboration by external actors on a number of occa- ency and Technology partnership, one participant sions, some of which were judged to be exploitative,23 described how a well-planned project fell victim to revealing a need for structures to train and protect a 12-month timeline, which focused on results over participants from abuse . In November 2010 Map Kib- longevity .16 Funding was a major issue for most of era developed a trust, which provides an important the projects examined by Global Voices, with much organisational framework, including structures for of the work done on a voluntary basis by only a few processing external requests . dedicated developers 17. 18 Talyarkhan, S . (2004) Connecting the first mile: A framework for best practice in ICT projects for knowledge sharing in 12 en .wikipedia .org/wiki/Infrastructure#Types_of_soft_infrastructure development, Intermediate Technology Development Group 13 Maron, M . (2012) Personal communication . (ITDG) . 14 groundtruthinitiative .org/2011/11/29/revealing-transparency-and- 19 lib ohchr. or. g/HRBodies/UPR/Documents/session13/ZA/JS4_UPR_ its-relation-to-community-empowerment ZAF_S13_2012_JointSubmission4_E pdf. 15 Maron (2012) op . cit . 20 Talyarkhan (2004) op . cit . 16 www .revenuewatch .org/news/blog/building-bridges-between- 21 transparency globalv. oicesonline .org/project/penang-watch policy-and-tech-transparency-camp 22 crookedtimber or. g/2012/06/25/seeing-like-a-geek 17 transparency .globalvoicesonline .org 23 Berdou (2011) op . cit ,. p . 17 .

26 / Global Information Society Watch At the same time, online privacy, censorship and The partnerships and networks developed secure communications present new challenges to around transparency in the extractive industries technology-for-transparency projects . This includes provide some insight into this question . Publish dangerous restrictions to freedom of expression What You Pay (PWYP), a global network of 650 and access to information by marginalised com- civil society organisations, works with multi-stake- munities . For example, in July 2012 the Pakistan holder initiatives such as the Extractive Industries Telecommunication Authority banned a watchdog Transparency Intiative (EITI) to advocate for and website that documented violence against Shi’ite implement disclosure of information on extractive Muslims in the country, citing the propagation of industry revenues and contracts 27. In 2010, Gha- religious views as reason for the suppression .24 naian PWYP members issued a statement to the There are also substantial risks to the privacy of national government, based on consultations with online communications in many countries, as on- community and faith-based organisations from all line surveillance continues to be touted as a tool for ten regions, as well as media and development part- combating issues from online piracy to terrorism 25. ners .28 Among the recommendations was a call for Technology-driven transparency projects need to the development of a public oversight committee, be cautious in how they collect and use data, and which was subsequently established in 2011 under ensure that participants know how to protect their Section 51 of the Petroleusm Revenue Management right to privacy online . Act 29. In May 2012 the public oversight committee published a report indicating discrepancies in funds Collaborative learning networks paid and received by the national oil company . Mass Online tools provide an important opportunity for media picked up the story, and as a result the gov- “collaborative transparency”, where the users of data ernment released new documents which confirmed create and shape information content, allowing for a the discrepancy and disclosed the location of the level of interactivity not present in offline transparency missing funds 30. PWYP network members are also projects 26. At the same time, as this report has high- part of Ghana’s multi-stakeholder EITI steering lighted, there are a number of obstacles to achieving committee, which regularly reviews government effective collaborative transparency, including the very receipts and disbursements of revenues from the real danger that intended users do not have the ca- extractive sector 31. pacities to understand and use disclosed information . These two coalitions contribute, along with There are often substantial communication, trust and international NGOs like Revenue Watch and Trans- knowledge gaps that exist as a result of low engage- parency International, to greater oversight and ment and a lack of infrastructure . accountability in resource-rich countries, fighting Collaborative multi-stakeholder learning net- corruption and contributing to sustainable develop- works provide an opportunity to bridge these gaps . ment . Like many multi-stakeholder initiatives these In conducting her research on the impact of online actors still struggle to effectively engage and tools, Berdou found that non-profit technology com- empower citizens on a broader scale . However, panies and open source technology entrepreneurs by creating spaces where all stakeholders can play a significant role in supporting the uptake of participate in the design and implementation of online tools by activists and organisations . By shar- transparency, PWYP and EITI contribute to a culture ing skills and knowledge, these partnerships can of participatory governance . improve the design and impact of technology-driven As technologically driven transparency transparency . Concluding her report, Berdou asks continues to grow, these same structures of multi- the important question of how partnerships and stakeholder collaboration must develop . In some networks can be constructed to promote learning areas this is already occurring, such as the newly and support the successful use of online tools and formed Bridging Transparency and Technology platforms . project,32 which has hosted a number of workshops

27 www publishwhaty. oupay .org/about 24 Ahmad, S . and Zafar, F . (forthcoming) Internet rights in Pakistan, in Global Information Society Watch Special Edition; tribune .com .pk/ 28 www o. xfamamerica or. g/publications/ghanas-oil-readiness-report story/409505/ban-on-shia-website-police-disperse-protest-rally- 29 www piacghana. or. g in-karachi 30 www r. evenuewatch or. g/news/blog/ghana-citizen-oversight- 25 giswatch .org/en/freedom-association/internet-intermediaries- report-yields-debate-disclosures new-cyberpolice 31 Dykstra, P . (2011) EITI 2011: Learning from success and challenges, 26 Fung, A ., Graham, M . and Weil, D . (2007) Full Disclosure: The Revenue Watch Institute . www .revenuewatch .org/EITIreports Perils and Promise of Transparency, Cambridge University Press, 32 www r. evenuewatch or. g/news/blog/building-bridges-between- Cambridge UK . policy-and-tech-transparency-camp

Thematic reports / 27 and meetings to discuss how online tools can best At the same time, the development of col- be utilised by transparency projects . Although it is laborative networks does not guarantee that not clear yet how the recommendations and strate- technology-for-transparency projects will be suc- gies from these meetings will be implemented, the cessful in the long run . Short-term funding, low project provides a vital space for continued discus- engagement, and a lack of infrastructure are only sion and partnership building . a handful of the obstacles facing technology-for- transparency projects . Corruption does not simply Conclusion disappear when it is exposed . In truth, disclosure This report has highlighted a number of threats that without effective response may only serve to em- arise from technology-for-transparency projects, bolden corrupt officials and dishearten those who including issues of trust, privacy and security of lo- struggle against them . The process of achieving cal data . Bringing together a diverse set of actors, greater accountability in governance is long and collaborative transparency networks can work to complex . Online tools can contribute to this proc- overcome these threats, and can capitalise on open ess, but that contribution is not guaranteed, and technology to encourage accountability in govern- is almost certain to fail if implemented without ance . In particular, pre-existing relationships with substantial consideration of and engagement with the various actors and an understanding of local relevant stakeholders and structures of govern- economic, political and social issues mitigate many ance . n of the dangers that arise from technology for trans- parency projects .

28 / Global Information Society Watch In search of transparency: From “using” to “shaping” technology

Arne Hintz and Stefania Milan and to bypass the traditional gatekeepers such as Cardiff University and The Citizen Lab, mass media, infrastructure providers and the state . University of Toronto In this way it has constituted a crucial tool for civil www .cardiff ac. .uk/jomec and citizenlab or. g society campaigners and social movements, with recent examples including the widely debated role In an age in which power equals “the possession, of technology in the “Arab Spring” . However, as assimilation and retailing of information as a basic its uses have progressed, so have the attempts by commodity of daily life,”1 transparency has become both public and private actors to control and restrict a luxury and is no longer a given . Cyberspace is what was previously seen as borderless, “free” and populated by an ever-growing number of invisible uncontrollable cyberspace . The filtering of web barriers making knowledge sharing and circulation content has become a common practice across the difficult, such as strict copyright enforcement and globe, and states in both the East and West now re- content-based discrimination . Digital technologies, strict (and persecute) the dissemination of content 2 however, can contribute to increase transparency deemed illegal or illegitimate . Intermediaries such and fight corruption . They can amplify and facilitate as internet service providers (ISPs) and search en- grassroots mobilisation, and allow an unprecedent- gines are increasingly enlisted by governments to ed outreach and scaling up of protest . Numerous control and restrict access to content, effectively initiatives that work towards creating and expanding becoming proxy censors . Access to infrastructure transparency happen in the realm of technological and online services has been shut down, particu- activism or at the level of policy activism . Here we larly in times of political turmoil (for example in want to point to three of them: Anonymous, Wiki­ Egypt in January 2011), and the “three strikes” laws Leaks and the Icelandic Modern Media Initiative in France and elsewhere restrict people’s internet (IMMI) represent different ways – yet with shared access if they violate intellectual property law by characteristics – in which digital technologies can downloading copyrighted content . The contro- help leverage the grassroots demands for trans- versies on net neutrality – initiated in the US and parency . They demonstrate how technology can increasingly spreading to other jurisdictions – have be used, but also how it needs to be shaped and highlighted the role of network providers as po- developed in order to enhance social and political tential gatekeepers who may discriminate against change . They emerge at the intersection between some content, for example dissident or non-profit content and infrastructure concerns, and they content . Access to critical resources such as funding therefore demonstrate the need to combine trans- increasingly takes place online through companies parency as a political goal with transparency of the such as PayPal: their decision to withdraw services technological infrastructure that serves to advance or limit access can cripple a media organisation, as this demand . In what follows we illustrate these happened with WikiLeaks . Finally, with the ubiquity three instances of internet-enabled and internet- of electronic communication, the “capacity of the focused mobilisation, and we explore, in particular, state to gather and process information about its how they address, implicitly and explicitly, a chang- citizens and about the resources and activities with- 3 ing environment for online communication . in its space is growing by orders of magnitude .” We are witnessing a trend toward systematic and Net challenges and opportunities During its short history as a public communica- 2 According to the OpenNet Initiative, 47% of the world's internet users experience online censorship, with 31% of all internet users tion platform, the internet has enabled people to living in countries that engage in "substantial" or "pervasive" spread information further and wider than before, censorship . OpenNet Initiative (2012) Global Internet Filtering in 2012 at a Glance, blog post, 3 April . opennet .net/blog/2012/04/ global-internet-filtering-2012-glance 1 Sterling, B . (1993) The Hacker Crackdown: Law and Disorder on the 3 Braman, S . (2006) Change of State: Information, Policy, and Power, Electronic Frontier, Bantam, New York . MIT Press, Cambridge, p . 314 .

Thematic reports / 29 ongoing surveillance of all online data, and the ero- opinions, and against the International Federation sion of judicial oversight and established notions of of the Phonographic Industry for its pro-copyright due process . Recent examples include the EU Data battles and its prosecution of the free sharing of Retention Directive, “lawful access” legislation in cultural goods . During the Egypt internet blackout Canada, and the Cyber Intelligence Sharing and in 2011, Anonymous used a variety of technological Protection Act (CISPA) in the US .4 Internet compa- means to facilitate information exchange between nies are gathering significant amounts of user data Egypt and the rest of the world, providing citizens and are increasingly forced to hand over data to with alternative communication infrastructure . Ef- governments . For example, Google received 5,950 forts to uncover secret information have included requests by the US government for the disclosure Operation HBGary, named after a security firm of user data in the first six months of 2011 alone, a whose CEO, Aaron Barr, had announced he had number which was up 70% from 2010 . identified the network’s most active members and The previously free and open environment for cit- threatened to hand them over to the FBI . Anon ac- izens’ online communication is rapidly transforming tivists hacked Barr’s Twitter account, downloaded into a restricted and controlled space, and inter- some 70,000 emails and documents and published net activists have had to take these changes into them online, uncovering proposals by the company account . Efforts to use the internet for advancing to the US Chamber of Commerce to discredit WikiLe- social change are therefore complemented by, and aks, and thereby providing useful information on intertwined with, activism that addresses the plat- secret collaborations between state agencies and form itself by opening new technological avenues security firms . for information exchange, looking for and exploiting Having originated in online chat rooms that fo- unrestricted spaces, and advocating policies that cused on (largely politically incorrect) pranks, the allow for free communication . Net activism, in this network has maintained an orientation to the “lulz” respect, encompasses web-based collective action – a neologism that derives from LOL (“laughing out that both addresses the openness and accessibil- loud”) and indicates the fun associated with pranks . ity of network infrastructure and exploits the latter’s Its particular approach to the defence of free ex- technical and ontological features for political or pression has been marked by irony and disruption . social change . Examples include electronic distur- Unsurprisingly, the authorities in several countries, bance tactics and hacktivism, self-organisation and most prominently the US and the UK, have not autonomous creation of infrastructure, software been willing to see the fun of DDoS attacks and and hardware hacking, and online leaking . In the internet break-ins and have rigorously persecuted following sections, we will briefly introduce and dis- Anonymous . Despite its sometimes illegal and of- cuss three current initiatives whose goals combine ten deliberately annoying approach, we maintain infrastructure and political change . that several of the network’s actions and revelations have, in fact, increased transparency and have shed Mobilising for transparency: light on interesting secrets . Anonymous, WikiLeaks and IMMI A similarly prominent but more formal initiative One of the most prominent examples of net activ- against information secrecy has been WikiLeaks . ism in recent years has been the loose network Founded in 2006 as an online platform for whistle- “Anonymous” . Its self-identified members have en- blowers and for publishing information censored gaged in disruptive activities using electronic civil by public authorities and private companies, disobedience techniques such as distributed denial WikiLeaks’ goal has been to harness the speed, of service (DDoS) attacks, and they have mobilised interactivity and global reach of the internet in to increase transparency and circumvent informa- order to provide a fast and secure mechanism to tion blackouts on the web . They have taken action anonymously submit information, and to make that against companies, governments, and individuals information accessible to a global audience . Partly that, in their view, restrict access to information through its own website and partly with the help both on- and offline . Earlier actions included cam- of media partners, WikiLeaks revealed extensive paigns against the Church of Scientology, accused corruption in countries such as Kenya; illegal toxic of censoring information as well as its members’ waste dumping by British company Trafigura in Côte d’Ivoire (which the British media was legally barred from reporting); corrupt practices of the finance 4 See, for example, Berners-Lee, T . (2012) Analysis: "Cybersecurity" industry in countries like Iceland; information on bill endangers privacy rights, ars technica, 18 April . arstechnica . com/tech-policy/news/2012/04/analysis-cybersecurity-bill- Guantanamo Bay prisoners (the so-called “Guantan- endangers-privacy-rights .ars amo Files”) and on the digital surveillance industry

30 / Global Information Society Watch (“Spyfiles”); and many other disclosures of informa- WikiLeaks’ practice of exploiting favourable leg- tion previously hidden from the public eye . In 2010, islation leads us to the third and final example of WikiLeaks made even bigger waves by publish- internet-related activism: the Icelandic Modern Me- ing the Afghan and Iraq War Logs, almost 500,000 dia Initiative (IMMI) . Although very different from documents and field reports that provided an un- the hacktivism of Anonymous and the alternative precedented and comprehensive account of the two publishing platform of WikiLeaks, it nevertheless wars and revealed thousands of unreported deaths, combines concerns with content and infrastruc- including many US Army killings of civilians; and by ture in online environments . IMMI emerged in the publishing select US diplomatic cables, taken from context of the financial collapse of the Icelandic a pool of over 250,000 documents, in what became economy in late 2008 and was set up to change known as “Cablegate” . The dispatches offered a the development model of the country from a safe broad perspective on international diplomacy, re- haven for banks and financial services, based on vealing backroom deals amongst governments, US secrecy and the suppression of information, to a spy practices on UN officials, cover-ups of military transparency haven and a favourable environment air strikes, and numerous cases of government cor- for media and investigative journalism . Local social ruption, for example in Middle Eastern and North and media activists, supported by international civil African countries where the revelations fuelled the society organisations, created a bundle of legal and growing anger amongst populations with their na- regulatory proposals to “protect and strengthen tional elites . In the wake of Cablegate, Wiki­Leaks modern freedom of expression .”6 At its core is the operations became increasingly hampered by gov- concern to prevent the suppression of content by ernment investigations of its staff (particularly of both public and private actors . IMMI has initiated founder and editor-in-chief Julian Assange), and the development of a new Freedom of Information extralegal economic blockades that have choked Act to enhance access for journalists and the public WikiLeaks’ access to financial resources . WikiLeaks to government-held information; proposed meas- has seen an onslaught of attacks from both pub- ures to limit the use of libel laws, prior restraint, and lic and private actors, sustained attempts to shut strategic lawsuits to block legitimate information; down its operations, and even calls for Assange’s initiated a new law on source protection, making it assassination . illegal for media organisations to expose the iden- WikiLeaks has demonstrated the persistence of tity of sources for articles or books if the source both governmental and private sector secrecy, as or the author requests anonymity; and developed well as the inability of traditional mass media to un- policy proposals on whistleblower and intermediary cover all publicly relevant information and to inform protection .7 Most of its suggestions are informed by, the citizenry comprehensively . As a member of the if not borrowed from, existing laws and regulations “networked fourth estate”,5 its cyber activism has in other countries . If implemented, this package utilised the possibilities of the internet to increase would provide a legal environment able to protect the transparency of our political and economic en- national and international publishers from content vironment, even though it has chosen the more (and other) restrictions . All information originating passive route of providing an upload and publish- from, routed through or published in Iceland would ing function, rather than Anonymous’ approach of be governed by the new set of laws and would there- aggressively seeking and exposing information on fore be very difficult to suppress . In this sense, the perceived wrongdoings . Its core goals have focused content-focused proposals of IMMI are intrinsically on content provision – releases of information that bound to the infrastructure through which content is is relevant for public knowledge – but technologi- transmitted: blogs, websites and all kinds of online cal as well as legal skills have been at the heart of publications would fall under Icelandic jurisdiction the project and fundamental for its success . Using if they use Icelandic infrastructure, even if the pub- decentralised server networks and placing serv- lishing organisation does not physically relocate to ers in countries with beneficial laws that prevent the country but merely posts content on web serv- or reduce the risk of censorship and surveillance, WikiLeaks embodies the intrinsic connection of con- tent and infrastructure . 6 See immi is/Icelandic_Modern_Media_Initiativ. e . WikiLeaks was instrumental in starting the initiative by proposing the idea of a transparency haven, providing knowledge on relevant laws in other countries, and developing some of the thematic cornerstones 5 Benkler, Y . (2011) A Free Irresponsible Press: WikiLeaks and the together with local and international experts . Battle over the Soul of the Networked Fourth Estate, working draft . 7 IMMI (2012) IMMI Status Report, 9 April . immi .is/ www .benkler .org/Benkler_Wikileaks_current .pdf images/8/8c/2012-04-15_IMMI_status_report .pdf

Thematic reports / 31 ers hosted there .8 Consequently, IMMI has added tool for transparency, its own transparency needs infrastructure-related concerns to its agenda, par- to be safeguarded and expanded . This is, of course, ticularly proposals on safeguarding net neutrality, not entirely new . Grassroots tech groups such as and it has engaged with debates on the European riseup .net have, for a long time, engaged in provid- Data Retention Directive and, more broadly, online ing secure and free technical infrastructure for civil surveillance . society groups and social movements, campaigns on net neutrality have become very prominent in From “using” to “shaping” many countries, and the network of civil society- Ideas of openness and transparency were at the based internet service providers, the Association centre of early internet development and internet for Progressive Communications (APC), is a major policy . The supposedly borderless network with force in global internet governance . However, cur- its new publishing opportunities for everyone who rent forms of cyber activism display an even closer had access to it nourished hopes of a new age in connection between content and infrastructure . which normal citizens could bypass traditional Based on thorough technical skills and under- information gatekeepers . Numerous examples standing, they couple a focus on exposing relevant demonstrate the power of using online publishing information with a commitment to shape and ex- and communication for political action and social pand the free spaces of online communication in change, from activist Facebook groups to blog- the face of increasing restrictions . Boundaries be- ger networks such as Global Voices, and certainly tween different strategies and practices become including Anonymous’ actions and the revelations blurred as the hacktivism of Anonymous creates facilitated by WikiLeaks . Thanks to these initiatives, new information channels, the media approach we know more about the world, and it is more likely of WikiLeaks is shaped by infrastructure and in- that corruption is moved from the shadows of se- forms a policy initiative such as IMMI, and IMMI crecy to the sunlight of public knowledge . engages in the compilation of policy components However, as online communication is increas- towards new legal “code”, a practice which could ingly restricted, surveilled and controlled, the be described as “policy hacking” . The practices “free network” can no longer be taken for granted . of the three distinct initiatives described here tell For social movements, this means that “using” the us something about new and sometimes unlikely net may no longer be sufficient but rather has to places where current mobilisations for transpar- be complemented by “developing”, “shaping” and ency can be found, as well as the need to combine “changing” the net infrastructure and its regula- technical strategies, content-related approaches tory and legal framework . Just as the net can be a and policy understanding . n

8 Bollier, D . (2010) A New Global Landmark for Free Speech, 16 June . www .bollier .org/new-global-landmark-free-speech

32 / Global Information Society Watch Artivism online

Kate Declerck important players in the fight against corruption; JMI Foundation and Fair Play the online and new media strategy employed to www .jmif .net and www .anticorruptionmusic .org reach out to young musicians around the globe, most notably the annual Fair Play4 music video competition; and the results and outcomes of the Introduction partners’ engagement with young musicians . Corruption has a profoundly negative impact on the Artivism lives of youth around the globe . In some cases, its Fear of police violence and state repression keeps consequences are severely harmful to their physi- many youth silenced and self-censored from speak- cal well-being: bribes demanded by health sector ing out against corruption . Others, determined to officials cut youth off from obtaining proper medi- resist against this repression, are turning to mu- cal care; police corruption perpetuates tensions sic – a growing number to hip-hop and reggae – to and violence within communities, driving youth voice their thoughts on the realities and struggles into the frontlines of armed conflict; and barriers to within their communities . Looking at the origins accessing education and employment push youth of these two musical styles – hip-hop’s roots be- into depression, drugs and alcoholism . The impacts ing in the African-American communities of Harlem of corruption on the mental state and attitudes of and the Bronx, and reggae’s roots in the ghettos youth are no less harmful: the embezzlement of of Jamaica – lends an understanding of why these public funds and international aid by politicians two styles are particularly appealing to young “ar- and institutions erodes their trust in public sys- tivists” (art + activism = artivism), as they have a tems, and bribes offered by politicians in exchange long history of being utilised by oppressed groups for votes, , and lack of transparency within to address themes such as poverty, inequality and electoral processes seed frustrations as they un- injustice . Additionally, the simplicity of hip-hop pro- dermine their ability to influence public policy and duction, where the only instrument and equipment realise social change . necessary is one’s own voice, makes it accessible While the deep-rooted complexities of corrup- for youth from underprivileged neighbourhoods to tion have driven some youth into a state of apathy, practice . Today, from Colombia to the Democratic it has urged many others to take action . In 2009, the Republic of Congo (DRC) to India, underground hip- World Bank Institute1 launched a new initiative to hop and reggae movements are generating scores establish a collaborative platform for anti-corrup- of young artists who have not only mastered the tion youth activists from around the world, and the essentials of rhythm and rhyme, but whose lyrical Global Youth Anti-Corruption Network2 was born . content is insightful, inspiring and intelligent . The profile of the activists involved is partly what How might these young artists be able to would be expected from such a network: youth influence the broader anti-corruption agenda? Cer- engaged in civil society organisations (CSOs) with tainly it is not a matter of celebrity status or pull, anti-corruption missions . However, in collaboration as state control over radio and TV has systemati- with the JMI Foundation,3 the partners have worked cally worked to deny “socially conscious” artists a to involve young activists with an entirely different broad audience . Rather, what the JMI Foundation profile – young musicians, of all styles, but in par- and World Bank Institute see as the key strength ticular young urban music artists . of these artists is the role they assume within lo- This report will present the partners’ ration- cal communities – both by representing, through ale for identifying and prioritising young artists as their music, collective opinion on various socio- political issues affecting them, and by striving to 1 wbi .worldbank .org 2 voices-against-corruption .ning .com 3 www .jmif .net 4 www anticorruptionmusic. .org

Thematic reports / 33 raise consciousness and incite their peers to action a space for discovering underground artists from rather than resignation . around the world, while translations of the lyrics Many citizens living within corrupt societies (obligatory for participation in the competition), – particularly those who are economically disad- and the ability to vote and comment on the videos, vantaged and who therefore bear more harshly the provide listeners with the opportunity to gain a impacts of corruption – harbour resentment to- deeper understanding of the music and to interact wards political leaders, as their inability and/or directly with the artists . lack of interest in establishing proper transparency In creating this online platform, the partners and governance is perceived as a disregard for the sought not only to connect individual artists and people’s interests . In light of this reality, musicians listeners and to compile the video materials nec- who grew up in underprivileged communities and essary to deliver a unique global anti-corruption dare to lobby, through their art, for the rights and campaign with youth appeal . They also sought to interests of these communities, possess a formida- encourage further interdisciplinary campaigns to ble potential as alternative community leaders . In be carried out, by making the music videos – invalu- utilising music to advocate, educate and motivate able new media outreach tools – available to other rather than adopting traditional activist methods, anti-corruption stakeholders such as organisations, artivists take an innovative and compelling ap- institutions and the media, for broader dissemina- proach to influence the broader anti-corruption tion as part of local/national level campaigns . agenda, sounding the alarm on behalf of the most distressed and under-represented communities, Results and outcomes and thereby asserting the urgency for change . The first edition was organised in 2009-2010, and achieved the participation of artists from Armenia, Online and new media strategy Bangladesh, Burundi, Cameroon, Canada, Colom- Recognising the enormous leadership potential of bia, the DRC, Germany, Kenya, Lebanon, Macedonia, young artists as both ambassadors of and lobbyists Malawi, Panama, the Philippines, Portugal, Sen- for the anti-corruption cause, the main task of the egal, Sierra Leone, South Africa, Tanzania, Uganda JMI Foundation and World Bank Institute was to de- and Zimbabwe . velop a programme that would support and nurture I-Voice (Palestine/Lebanon), Mafilika (Malawi) this capacity . Towards this objective, the partners and Katya Emmanuel (DRC) were selected as win- established Fair Play, an annual anti-corruption mu- ners of the music video competition, performed at sic video competition open to young artists 18-35 the 1st Global Youth Anti-Corruption Network Forum years from anywhere in the world . in Brussels, Belgium, and recorded a new collabora- Why this approach? The competition was de- tive track: “Together Against Corruption” . veloped as a means to discover and establish Over 100 artists/bands participated in the sec- contact with young socially conscious musicians . ond edition of Fair Play organised in 2010-2011, from Much has been said about the contribution of Argentina, Australia, Barbados, Bulgaria, Cameroon, social networks such as Myspace, Facebook Colombia, Croatia, the Dominican Republic, Ecua- and Twitter towards the democratisation of the dor, Egypt, France, Germany, Guatemala, Indonesia, internet and the music industry, by providing in- Italy, Kenya, Lebanon, Malawi, Mali, Mexico, Mongo- dependent musicians with an affordable means lia, Nepal, Peru, the Philippines, Romania, Slovakia, to build their audience . However, the continuing Slovenia, Spain, Sudan, Uganda and Vanuatu . dominance of those artists propped up by record Winning bands De Bruces a Mi (Colombia), labels and corporate marketing budgets still poses Kafulu Xenson (Uganda) and Young Life (Vanuatu) a major challenge for independent artists to gain participated in the 2nd Global Youth Anti-Corrup- significant visibility online, while it remains equal- tion Network Forum in Nairobi, performed live at the ly challenging for listeners to uncover interesting Sarakasi Dome alongside top Kenyan artist Sauti underground artists amidst the overabundance Sol, and recorded three new collaborative tracks: of content and advertising . To participate in the “Say No to Corruption”, “Hand in Hand” and “We Fair Play competition, artists must upload their Are One People .” video entry and artist profile to the competition’s The lyrics of the submitted songs express website . In doing so, they gain a unique opportu- various emotions, one of the foremost being frus- nity to reach new listeners worldwide and to have tration towards the perpetrators of corruption their work promoted as part of the global Fair Play and injustice . As artist Marshall Dixon of France campaign . For those with an interest in socially writes: “They have forgotten us really we are tired/ conscious music, the Fair Play platform serves as The people are starving really we are tired of your

34 / Global Information Society Watch bullshit/ Your promises really we are tired/ The One of the most important and prevalent injustice, the violence really… the corruption and themes of the songs submitted to Fair Play is the impunity in the country/ Really… tired, tired really call to action . As Alesh of the DRC writes: “I’ve seen we are tired .”5 The frustration that stems from the the success of their schemes and tricks/ Which my perpetuation of corrupt systems over time is high- fellow countrymen have all swallowed whole/ Not lighted by artists Bafing Kul & the Apollo Band of daring to raise their real thoughts/ The badly in- Mali: “We had fought for democracy/ The old re- formed population ignores that for them the ground gime was overthrown/ New figures were elected/ has already been marked out (…) Why do you con- But the corruption never went away, as if nothing tinue to sleep?/ Apathetic to the death as they had changed .”6 Loathing towards those involved massacre you/ WAKE UP! ACT! LET’S MOVE!”12 Artist in corruption and their disregard for the negative Shekhar Sirin from India too calls his people, stat- impact it has on others is evident in the lyrics of ing: “Corrupt politicians have looted our nation/ Croatian band St!llness, who write: “All that is left/ Even the morsels from poor snatched away/ You can Are crumbs/ That remain/ After they’ve eaten/ They hardly breathe in such environment (conditions)/ sit/ In their seats of power/ Bellies full/ With fat col- It’s time to wake up/ It’s time to get up/ The nation laborators/ Reinventing bullshit .”7 which is scattered & in pathetic shape/ Let’s build The songs also serve to expose many forms of it back/ If corruption is RAVAN (synonym to devil in corruption from bribery to embezzlement, fraud and India)/ Then we will burn it .”13 To those already en- extortion, citing examples from the artists’ own com- gaged in the fight, words of encouragement, urging munities . As Nelo Chouloute of Haiti writes: “They perseverance, are extended by artists such as the promise a new project for Slum Lasaline/ Funds pro- Koncerners from Vanuatu, who write: “You ghetto vided/ Promises to build a new highway for Slum youths keep on doing good/ Keep your heads high/ Carrefour/ Funds provided/ We will develop Slum Make good use of your time/ Not because you come of Cité Soleil/ Funds provided/ However, our money from the ghetto/ You can make a difference, make stays in their pockets .”8 Hip-hop artist Hustlajay it better .”14 of Kenya bears witness in the song “Minyororo Ya Haki”: “[Common man’s] lands together with title Conclusion deeds are taken away and given to the powerful, Just as the internet has in recent years affirmed its and common man left as squatters/ Day after day importance as a space for social protest, so too has we growing poor and poorer by being asked to bribe music been proven by Fair Play and other projects for our rights ”. 9 Artists Dr Sley & Da Green Soljas to be an effective tool in raising awareness, build- from Cameroon choose to highlight one of the most ing international solidarity, and also – importantly taboo abuses of power in their song titled “Down By – refuelling the fires of artists and activists around the Riverside”: “I’m Mr Professor/ Every girl must the world who are consistently persecuted, isolated sleep with me, except you want to fail .”10 or otherwise antagonised by the mainstream in the Various artists make tributes and show respect attempt to deter them from sustaining the fight . for those engaged in the fight against corrup- Musicians, particularly those from marginal- tion, emphasising the importance of speaking out ised neighbourhoods, have proven themselves to against abuses of power . In the lyrics of “La Pedata possess key leadership qualities: willingness to di Dio”, Italian artist Zero Plastica declares: “This stand up and speak the truth, ability to analyse goes out to every life cut short by armed hands/ and articulate complex issues, and commitment This goes out to those who denounce the extortion to making a change . As hip-hop artists Desorden and to those who boycott mafia-controlled servic- Social of Colombia write on the role of artists: “It’s es/ This goes out to every victim gone missing and been already 10 years recounting the cruelty (…)/ no longer with us/ This goes out to every man who In 1999 two young men decided to use rap as a way sacrifices all to fight the Mafia .”11 to unleash their lyrics and not get choked up with what they are in living/ And now ten years later our subject has not changed/ And after hundreds of 5 www .anticorruptionmusic .org/?videos/on_est_faitigue 6 www .anticorruptionmusic .org/?videos/yelema%28_le_ songs, the situation remains unchanged/ Because changement%29 as I can remember, there’s only injustice, inequality, 7 www .anticorruptionmusic .org/?videos/katarza___catharsis poverty, abuses and more misery/ There are more 8 www .anticorruptionmusic .org/?videos/nelo_chouloute_-_haiti_ money_embezzle 9 www .anticorruptionmusic .org/?videos/minyororo_ya_haki 12 www anticorruptionmusic. or. g/?videos/reveil 10 www .anticorruptionmusic .org/?videos/down_by_the_river_side 13 www anticorruptionmusic. or. g/?videos/ek_aag_ka_zarra 11 www .anticorruptionmusic .org/?videos/la_pedata_di_dio 14 www anticorruptionmusic. or. g/?videos/corrupted_minds

Thematic reports / 35 open works and cities but serve for nothing cause artists engaged in Fair Play testify to another reality still life quality descends/ 10 years and our leaders entirely: the multiplicity of youth voices calling for are same or worse and sold to the highest bidder .”15 and dedicated to change . As the JMI Foundation and The music of Fair Play artists sheds light on the the World Bank Institute affirm, leaders come in all realities of youth living in corrupt societies: how forms – they are not only the products of academic the system neglects their interests, how corruption circles but also those schooled by the streets . In or- perpetuates the divides between rich and poor, and der to address corruption, it is crucial to diversify how it serves to limit the human and economic de- the stakeholders in civil society dialogue, debate, velopment of their communities . While ghetto youth decision making and policy development; and to continue to be predominantly associated with vio- tap into the creative, innovative and technological lence, gangs and brutality, the hip-hop and reggae capacities of youth . n

15 www .anticorruptionmusic .org/?videos/10_anos_de_lucha

36 / Global Information Society Watch Institutional overview Who is doing what when it comes to technology for transparency, accountability and anti-corruption

4 Tim Davies the Fourth High Level Forum on Aid Effectiveness, held Practical Participation in Korea in November 2011, notes these foundations and www .practicalparticipation .co uk. and highlights “fiscal transparency” as a key element of the www .opendataresearch or. g fight against corruption . However, the document more often discusses transparency as part of the aid-effective- ness agenda, rather than as part of anti-corruption . This Fighting corruption is a responsibility that all global illustrates an important point: transparency is just one institutions, funders and NGOs have to take seriously . element of the fight against corruption, and reduced cor- Institutions are engaged with the fight against corrup- ruption is just one of the outcomes that might be sought tion on a number of fronts . Firstly, for those institutions from transparency projects . Transparency might also be such as the World Bank that distribute funds or loans, used as a tool to get policy making better aligned with there is a responsibility to address potential corruption the demands of citizens, or to support cooperation be- in their own project portfolios through accessible and tween different agencies . well-equipped review and inspection mechanisms . Sec- The review below starts by looking at technology ondly, institutions with a regulatory role need to ensure for transparency in this broader context, before briefly that the markets they regulate are free of corruption, assessing how far efforts are contributing towards anti- and that regulations minimise the potential space for corruption goals . corrupt activity . And thirdly, recognising the potential of corruption to undermine development, institutions Transparency and open data may choose to actively support local, national and in- The last three years have seen significant interest in ternational anti-corruption activities and initiatives . This online open data initiatives as a tool for transparency, report provides a critical survey of some of the areas with over 100 now existing worldwide . Open data can be where multilateral, intergovernmental and multi-stake- defined as the online publication of datasets in machine- holder institutions, NGOs and community groups have readable, standardised formats that can be reused engaged with the internet as a tool for driving transpar- without intellectual property or other legal restrictions 5. ency and accountability . A core justification put forward for opening up govern- Although transparency is an often-cited element ment or institutional data is that it leads to increased of the anti-corruption toolbox, technology-enabled transparency as new data is being made available, and transparency remains a relatively small part of the existing data on governments, institutions and compa- mainstream discourse around anti-corruption efforts in nies becomes easier to search, visualise and explore . formal international institutional processes .The UN Con- Following high-profile Open Government Data vention against Corruption (UNCAC),1 adopted in 2003 (OGD) initiatives in the US (data go. v) and UK (data go. v . and ratified by 160 countries, and the OECD Anti-Bribery uk), in April 2012 the World Bank launched its own open Convention,2 adopted in 1997, provide a backbone of data portal (data wo. rldbank or. g), providing international cooperation against corruption and focus to hundreds of statistical indicators . Here is how the heavily on legal harmonisation, improved law enforce- World Bank describes the data portals mission: ment, criminalisation of cross-border bribery and better The World Bank recognises that transparency and mechanisms for asset recovery, addressing many of the accountability are essential to the development process preconditions for being able to act on corruption when and central to achieving the Bank’s mission to alleviate it is identified . Continued cooperation on UNCAC takes poverty . The Bank’s commitment to openness is also place through the UN Office on Drugs and Crime,3 with in- driven by a desire to foster public ownership, partner- put and advocacy from the UNCAC Civil Society Coalition . ship and participation in development from a wide range In international development, the outcomes document of of stakeholders 6.

1 www .unodc .org/unodc/en/treaties/CAC/index .html 4 www aideffectiv. eness or. g/busanhlf4 2 www oecd. or. g/department/0,3355,en_2649_34859_1_1_1_1_1,00 ht. ml 5 opendefinition or. g 3 www .unodc .org/unodc/en/corruption 6 data .worldbank or. g/about

Institutional review / 37 The World Bank has also sponsored the develop- society technology-for-transparency groups with each ment of Open Government Data initiatives in Kenya other, and with governments, and placing the internet at (opendata go. ke. ) and Moldova (data go. v md. ), as well as the centre of the open government debate . funding policy research and outreach to promote open The rapid move of open data from the fringes of data through the Open Development Technology Alli- policy into the mainstream for many institutions has ance (ODTA) 7. undoubtedly been influenced by the activities of a Central to many narratives about open data is the number of emerging online networks and organisa- idea that it can provide a platform on which a wide range tions . The Open Knowledge Foundation (OKF)11 has of intermediaries can build tools and interfaces that take played a particularly notable role through their email information closer to people who can use it . The focus is lists, working groups and conferences in connecting up often on web and mobile application developers as the different groups pushing for access to open data . OKF intermediaries . Many of the applications that have been was founded in 2004 as a community-based non-profit built on open data are convenience tools, providing ac- organisation in the UK and now has 15 chapters across cess to public transport times or weather information, the world . OKF explain that they “build tools, projects but others have a transparency focus . For example, and communities” that support anyone to “create, use some apps visualise financial or political information and share open knowledge ”. 12 The OKF paid staff and from a government, seeking to give citizens the informa- volunteer team are behind the CKAN software used to tion they need to hold the state to account . power many open data portals, and the OpenSpend- Apps alone may not be enough for transparency ing or. g platform that has the ambition to “track every though . In an early case study of the Kenya open data government financial transaction across the world initiative, Rahemtulla et al ,. writing for the ODTA, note and present it in useful and engaging forms for every- that “the release of public sector information to pro- one from a school-child to a data geek ”. 13 This sort of mote transparency represents only the first step to a “infrastructure work” – building online platforms that more informed citizenry…” and that initiatives should bring government data into the open and seek to make also address digital inclusion and information literacy . it accessible for a wide range of uses – is characteristic This involves ensuring ICT access, and the presence of a number of groups, both private firms and civil soci- of an “info-structure” of intermediaries who can take ety, emerging in the open data space . data and turn it into useful information that actively Another open data actor gaining attention on the 8 supports transparency and accountability . World Bank global stage has been the small company OpenCor- investments in Kenya linked to the open data project go porates co. m 14. OpenCorporates founder Chris Taggart some way to addressing this, seeking to stimulate and describes how their goal is to gather data on every regis- develop the skills of both journalists and technology de- tered company in the world, providing unique identifiers velopers to access and work with open data . However, that can be used to tie together information on corpora- much of the focus here is on e‑government efficiency, tions, from financial reporting to licensing and pollution or stimulating economic growth through the creation of reports . Although sometimes working with open data commercial apps with open data, rather than on trans- from company registrars, much of the OpenCorporates parency and accountability goals . database of over 40 million company records has been Open data was also a common theme in the first created through “screen scraping” data off official gov- plenary meeting of the Open Government Partnership ernment websites . In early 2012 OpenCorporates were 9 (OGP) in Brazil in April 2012 . The OGP is a new multi- invited to the advisory panel of the Financial Stabil- lateral initiative run by a joint steering committee of ity Board’s15 Global Legal Entity Identifier (LEI) project, governments and civil society . Launched in 2011 by eight being conducted on behalf of the G20 . The LEI project governments, it now has over 55 member states . Mem- aims to give a unique identifier to all financial institu- bers commit to create concrete National Action Plans tions and counterparties, supporting better tracking of that will “promote transparency, empower citizens, fight information and transactions . Importantly the recom- corruption, and harness new technologies to strengthen mendations, which have been accepted by the G20, will 10 The OGP has the potential to play an in- governance ”. operate “according to the principles of open access and fluential role over the next few years in networking civil the nature of the LEI system as a public good ( . . ). with- out limit on use or redistribution ”. 16 7 www .opendta .org 8 Rahemtulla, H ., Kaplan, J ., Gigler, B .-S ., Cluster, S ., Kiess, J . and 11g okfn .or Brigham, C . (2011) Open Data Kenya: Case study of the Underlying Drivers, Principle Objectives and Evolution of one of the first Open 12 www .okfn or. g/about/faq Data Initiatives in Africa . www .scribd .com/doc/75642393/Open- 13 www .openspending or. g Data-Kenya-Long-Version 14 opencorporates .com 9 www .opengovpartnership .org 15 www .financialstabilityboard or. g 10 www .opengovpartnership .org/about 16 www .financialstabilityboard or. g/publications/r_120608 .pdf

38 / Global Information Society Watch International transparency initiatives participation and accountability in countries around and standards the world,” has a Harnessing New Technologies Working Group led by the OKF, which has outlined a A number of sector-specific international transpar- number of ways technology can be used for transpar- ency initiatives have developed in recent years, with ent and accountable finance 27. The “lead steward” a greater or lesser reliance on the internet within their organisations for GIFT are the International Monetary processes . Fund, the World Bank Group, the Brazilian Ministry of Online sharing of data is at the heart of the In- Planning, Budget and Management, the Department ternational Aid Transparency Initiative (IATI)17 which of Budget and Management of the Philippines, and was launched at the third High Level Forum on Aid the Washington-based CSO project, the International Effectiveness in Accra, Ghana in 2008, and now has Budget Partnership 28. over 19 international aid donors as signatories . The initiative’s political secretariat is hosted by the UK Crowd sourcing Department for International Development (DfID),18 and a technical secretariat, which maintains a data Transparency and accountability isn’t just about in- standard for publishing data on aid flows, is hosted formation and data from governments, companies by the AidInfo programme 19. IATI sets out the sorts of or multilateral institutions . Input from citizens is cru- 29 information on each of their aid activities that donors cial too . Crowd-sourcing projects such as Ushahidi, should publish, and provides an XML standard for first developed to monitor post-election violence in representing this as open data 20. A catalogue of avail- Kenya, have been deployed or replicated in a number able data is then maintained at www ia. tiregistry or. g, of anti-corruption settings . Accepting submissions and a number of tools have been developed to visual- by SMS or online, these tools allow citizens to report ise and make this data more accessible . Through IATI, problems with public services that might point to mis- countries and institutions, from the Asian Develop- appropriation of funds, or to directly report cases of ment Bank (ADB) to the UN Office of Project Services corruption . Reports are generally geocoded and the (UNOPS), have made information on their aid spend- resulting maps are presented publicly online . With 30 ing or management more accessible . UN Development Programme (UNDP) support, an The Open Aid Partnership,21 working closely Ushahidi-based corruption monitoring platform was 31 with IATI and hosted by the World Bank Institute, is established in Kosovo . In India, the IPaidABribe co. m focusing specifically on geodata standards for aid platform, which was launched in 2010 by Bangalore- 32 information, using the “Mapping for Results” meth- based non-profit Janaagraha, has collected over odology developed with AidData22 to geocode the 20,000 reports of bribery requests or payments . location of aid projects and make this information UNDP analysis suggests that the success of so- available online . Geocoded data is seen as important cial media and use of crowd sourcing in transparency to “promote ICT-enabled citizen feedback loops for and accountability projects relies upon transparent reporting on development assistance ”. 23 mechanisms for verifying reports, and the backing A number of other high-profile sector transpar- of institutions or systems that can convert informa- ency initiatives, such as the Extractive Industries tion into action – such as ensuring corrupt tenders 33 Transparency Initiative (EITI)24 and the Construction are cancelled . In a global mapping of technology for Sector Transparency Initiative (CoST),25 are less open transparency and accountability, the Transparency 34 data or ICT-centred, opting instead for processes & Accountability Initiative (a donor collaboration 35 based on disclosure and audit of documents through chaired by DfID and the Open Society Foundation) local multi-stakeholder processes . However, the Glo- found that many of the 100 projects they reviewed bal Initiative on Fiscal Transparency (GIFT),26 which aims to “advance and institutionalise global norms and continuous improvement on fiscal transparency, 27 openspending .org/resources/gift/index .html 28 internationalbudget or. g 29 ushahidi .com/about-us 17 www .aidtransparency .net 30 www undp. .org 18 www .dfid .gov .uk 31 www kallxo. com. 19 www .aidinfo .org 32 www janaagr. aha .org 20 www .iatistandard .org 33 Lemma, T . (2012), Corruption Prevention and ICT: UNDP’s Experience 21 www .openaidmap .org from the field, presented at the Joint Experts Group Meeting and 22 www .aiddata .org Capacity Development Workshop on Preventing Corruption in Public 23 www .openaidmap .org/about .html Administration, UN DESA, New York, USA, 26-28 June . unpan1 un. or. g/ 24 eiti .org intradoc/groups/public/documents/un-dpadm/unpan049778 pd. f 25 www .constructiontransparency .org 34 www tr. ansparency-initiative .org 26 fiscaltransparency .net 35 www sor. os or. g

Institutional review / 39 were started by technology-savvy activists 36. Where This report has also not explored how institu- these were tailored to local context, and able to adopt tions have responded to online leaking of information a collaborative approach, involving governments as part of transparency and accountability efforts . and/or service providers, they were more likely to However, one project deserves a brief mention: the be sustainable and successful . Global Voices Online WCITLeaks website,41 established to accept leaked maintain a directory of over 60 case studies as part of documents relating to the revision of the International their “technology for transparency network” 37. Telecommunications Regulations (ITRs) in response The internet is also being used actively by global ad- to the secrecy surrounding International Telecommu- vocacy networks such as the Land Matrix Partnership, nication Union (ITU) processes, and the lack of a civil which launched an online database of land deals at the society voice at the forthcoming World Conference on World Bank Land and Poverty Conference in April 2012, International Telecommunication (WCIT) . seeking to highlight the growing issue of large-scale land acquisitions across the world, particularly in Africa . Exploring impact This database, initially created through online collabo- Technology for transparency is a rapidly growing field . ration of researchers, also accepts submissions through The innovations may be emerging from civil society its website at landportal in. fo/landmatrix, where report- and internet experts (with much of the funding to ed data can also be visualised and explored . scale up projects often coming ultimately from internet firms), but governments and international institutions Further activity and institutions are opting in to open data-based transparency ini- For reasons of space this report can only make passing tiatives, and a number of institutions, from the World mention of initiatives aimed at increasing parliamentary Bank to the newly formed OGP, are active in spread- transparency through developing and implementing ing the technology for transparency message to their online tools for tracking legislative processes and par- clients and members . However, there is little hard evi- liamentary debates . These have been established by dence yet of the internet becoming an integrated and civil society networks in a number of countries follow- core part of the global anti-corruption architecture, ing models developed by the independent GovTrack in and many tools and platforms remain experimental, the US,38 and the charity MySociety39 with their They- hosting just tens or hundreds of reported issues, and WorkForYou co. m platform in the UK . MySociety, with offering only limited stories of where crowd-sourced support from the Open Society Foundation and Omidyar SMS reports, or irregularities spotted in open data, Network,40 have been focusing in 2012 on making their have led to corruption being challenged, and offend- transparency and civic action tools easier to implement ers being held to account . in other jurisdictions, opening up the Alavateli code McGee and Gaventa in a review of general trans- that powers the public right-to-information services parency and accountability initiatives funded by DfID WriteToThem co. m and AskTheEu or. g, amongst others . explain that the evidence base on their impact is The funding for this work from the Omidyar Net- limited across the field 42. Limited evidence of the anti- work, established by eBay founder Pierre Omidyar, corruption impacts of technology for transparency draws attention to another set of important institu- should therefore be taken as a challenge to improve tions and actors in the tech-for-transparency space: the evidence base and focus on impact, rather than donors from the technology industry . Google, Omidyar to step back from developing new internet-based ap- Network, Cisco Foundation and Mozilla Foundation proaches for transparency and accountability . Working amongst others have all been involved in sponsoring out the impact of those projects that provide online technology-for-transparency open-source projects like information infrastructures as foundations for account- Ushahidi, the work of MySociety, or data-journalism ability efforts, from general open government data projects across the world . It is likely that without ac- projects to targeted transparency initiatives, will need cess to funding derived from internet industry profits, particular attention if these efforts are to continue to many of the current technology-for-transparency receive institutional backing, and if the new loose-knit projects would be far less advanced . networks that provide many of these platforms are to

continue to thrive . n

36 Avila, R ., Feigenblatt, H ., Heacock, R . and Heller, N . (2011) Global mapping of technology for transparency and accountability: New 41 wcitleaks or. g technologies . www .transparency-initiative .org/reports/global- mapping-of-technology-for-transparency-and-accountability 42 McGee, R . and Gaventa, J . (2010) Review of the Impact and Effectiveness of Transparency and Accountability Initiatives: 37 transparency .globalvoicesonline .org Synthesis Report . www dfid. .gov uk/R4D/Output/187208/Default. . 38 www go. vtrack .us aspx . See also www dfid. go. v uk/R4D/S. earch/SearchResults . 39 www mysociety. .org aspx?ProjectID=60827 for other outputs of the research 40 www omidyar. .com programme this report is taken from .

40 / Global Information Society Watch Mapping corruption Exposing delusions of power: The art of using visual evidence to expose corruption

Stephanie Hankey with research by Francesca Recchia Perhaps this story from nearly 200 years ago Tactical Tech is so well known the world over because it speaks tacticaltech .org to us about those in power; how they abuse their power for their own gain and how those around them conspire to support them, taking us all in their The story of the Emperor’s New Clothes,1 first told in wake . Often it takes a special moment – an act of in- 1837, has been told across the world in over a hundred nocence, in the case of the child – or more often an languages . A vain emperor is swindled by two tailors act of integrity or justice to say what we all suspect into paying huge sums of money to make him a special but have not said out loud . outfit made of fabric that only those who are “unusu- Corruption is one way that power is often ally stupid” cannot see . When the emperor parades abused . It is present the world over, affecting dif- through the streets in his new outfit, no one dares con- ferent societies at different levels . Sometimes fess that the emperor is naked for fear that they will be corruption is something we can actually see, such as seen as a fool . In the end it is a child who breaks the hands putting cash into other hands across a desk silence and says what everyone knows but won’t say: or through a window; sometimes it is something we “But he hasn’t got anything on ”. intuitively know or can estimate; and sometimes it

The Emperor’s New Clothes, original illustration by Vilhelm Pedersen (1820-1859) . en wikipedia. .org/wiki/File:Emperor_Clothes_01 .jpg

1 www andersen. .sdu .dk/vaerk/hersholt/ TheEmperorsNewClothes_e .html

42 / Global Information Society Watch Perón election playing cards, 1951, Argentina is in places and at levels we have never considered gain, usually by individuals to increase their direct and is very hard to show . It can be out on the streets access to funds; and the use of power and money or deep within societies and institutions, affecting to manipulate control of a dominant narrative in everything from education to health care and from society – a control often motivated by the need to water supplies to construction contracts . maintain and expand power . There are two interlinked forms of corruption The Perón election playing cards shown above explicitly enabled by the misuse of power that this were circulated in Argentina in 1951 for Juan Perón’s report focuses on: the use of power for personal election campaign . On each of the original cards

Anti-Perón cards . www wopc. co. .uk/argentina/peron/index html.

Mapping corruption / 43 there is an illustration of a symbolic celebration of the regime, where Perón and his wife Evita are rep- resented as emblems of “the people” – el pueblo. The Perón regime used this form of visual political communication to promote a specific narrative of them as saviours . The second set of cards is a direct response to the official cards . These anti-Perón cards were released anonymously, also using symbolism and storytelling, but this time to construct a counter narrative that exposes the dark sides of the leader and his administration . The 12 of Batons shows Perón in his military attire portrayed as a thief, a greedy, violent and crooked leader . The 10 of Ba- tons depicts a corrupt bandit-officer of the Perón administration . The Ace of Cups shows military personnel greedily hoarding money and property intended for homeless victims of the 1944 earth- quake . The 12 of Coins shows a grinning official loaded with gold . In this set of cards the authors create a commentary that acts as an alternative to the dominant narrative . The two decks together show a remarkable visu- al dialogue, one aping the other to add extra weight to its message . The anti-Perón cards are an exam- ple of such a moment of integrity . Like the child in the story, the creators call out, but with humour and simple images, to reference stories the readers know . They use the visual element to do the work for them . In using parody they provoke a response and insight that lead to discussion . Payback, by Aman Mojadidi, Afghanistan Seeing, understanding and exploring corruption with visuals and are changing the dynamic of who Visual narratives, backed up by evidence, are in- can document corruption, how they do it, and who creasingly being used in this way: to comment on, they can share it with . Over the last ten years, many question and expose different types of corruption activists and artists have used visual evidence to and to create this “Emperor’s New Clothes” effect . pinpoint and document the moment that corruption In this report, nine different examples are ex- takes place . This is much easier with the types of plored, sharing just some of the ways in which corruption that can be witnessed: for example, the artists, activists, NGOs and media from around the actual act of handing over money to pay a bribe or world are utilising visual and narrative techniques, being directed on how to fill in a ballot sheet . The often enabled by digital technologies, to call atten- rise of video-sharing sites such as YouTube has tion to corruption and to expose delusions of power . been a significant factor in increasing the amount of It moves from looking at how these techniques are citizen-led whistleblowing on such activities . Some being used to help us better see and question cor- artists and activists have gone further though, uti- ruption, to how we can better understand it, and lising the visibility and site of these events to make ultimately how we can directly explore evidence a spectacle of them and call them into question, ourselves . directly challenging the act in ways that provoke discussion and debate . Payback is a video installation by Afghan- Seeing corruption: Beyond witnessing American artist Aman Mojadidi from 20092 that New technologies have played a significant role in questions the abuse of power for personal gain at an increase in the number of exposés . They provide new opportunities and formats for combining data 2 www .wearyourrespirator com/payback. html.

44 / Global Information Society Watch Zero Rupee Note, 5th Pillar, India the person-to-person level . The artist defines the Visual devices can be used in many different project as a “commentary on corruption and the ways . In both Payback and the Zero Rupee Note a abuse of power” . Mojadidi, disguised as a fake visual artefact that is created is utilised as a cen- policeman after purchasing a uniform in the local tral device within an act of confrontation; this then bazaar, “reversed” the bribes that motorists are leads to broader discussion outside the actual inci- regularly asked to pay by the Afghan National Po- dent, provoking a direct challenge to those abusing lice . Setting up fake check points on the streets of power and to our part in it . Kabul, he returned a symbolic amount of money While visual devices can be used to question to drivers apologising for the misbehaviour of his cultural norms, visual evidence can be an effec- “colleagues” . The performance was filmed with a tive way of challenging dominant narratives . Visual hidden camera and shows confused drivers refusing evidence works differently, in that it can be direct to take the money back . Taking a creative approach, documentation of an event or a specific situation, Mojadidi uses a symbolic and provocative action; as opposed to a created artefact, and this has the and by flipping the act, he points to how mundane power to drive discussion at a deeper level . Visual and everyday this type of corruption is . evidence can be created through witnessing, moni- Creating a different kind of spectacle, Vijay toring or investigative work . Increasingly it is also Anand made the Zero Rupee Note, a campaigning being found within the masses of information and tool created through his organisation in India, 5th images circulated on the internet . Pillar . The Zero Rupee note is a visual aid that mo- In 2006, when satellite maps of Bahrain became bilises people to say “no” to corrupt officials and to available through Google Earth, the service was expose where and when bribes are demanded . De- consequently blocked in-country . Rumours quickly signed to look like an Indian 50-rupee note, the note spread that the reason for the block was the evi- is printed with the messages “Eliminate corruption dence that the maps presented of the large tracts of at all levels” and “I promise to neither accept nor land owned by the royal family, the ownership and give bribe” in English and Tamil . At the moment of use of which had previously been unclear to citi- being invited to pay a bribe, the Zero Rupee Note zens . When the service was blocked, an anonymous is handed over instead, challenging the expecting activist then distributed a 45-page PDF document party . Even if only a small number of people are ac- through email and the web that compiled annotated tually brave enough to use the note in response to screenshots pointing out evidence of golf courses, a situation where they would be expected to pay a islands, stables and palaces . The PDF document- bribe, its existence provides a vehicle for directly ed and allowed the circulation of visual evidence challenging the act and a point of discussion that showing the illegal private distribution of 95% of raises the question, “Should we be handing over Bahrain’s total land area . Through using visual evi- any money at all?” dence it posed a direct challenge to the dominant

Mapping corruption / 45 A second look at Al-Safriya mansion, a King’s property…

That’s right… An island! Look for the yacht… And note the size of it… This area can accomodate at least 30,000 Bahrainis!!!

Google Earth PDF, Bahrain narrative and posed a direct question related to the Understanding corruption: Spelling it out secretive nature of land ownership in Bahrain . Combining visual storytelling and evidence, it is The different forms of visual storytelling out- possible to take a debate further, beyond simply lined above trigger the audience through a brief challenging common practices into understand- interaction using different techniques – ranging ing the issues at hand . This can make it possible from subversion to uncovering evidence – each pro- to assert greater influence over the viewer, taking voking discussion and debate about different types them deeper into exploring the issues themselves of abuse of power . through the information presented to them . Here

Bribe Payers Index, Transparency International

46 / Global Information Society Watch XYZ Show, Kenya the visual element is often more of a tool to invite understanding and access to the downloadable and maintain engagement . database, each allowing the user to understand Using a combination of hard data and interac- how likely sectors are to engage in corruption for tive infographics, the Bribe Payers Index developed personal and/or corporate gain . by Transparency International3 presents itself to The XYZ Show4 in Kenya uses creative story­ multiple users: it works at the level of information telling to challenge the dominant narrative for those who are not fully aware of the problem of promoted by politicians . The weekly spoof news bribery and corruption in the private sector world- show features latex puppets that portray local and wide as well as a research tool for those who are international politicians and gives voice to people’s interested in thoroughly investigating the subject . discontent towards rampant in Through simple graphics, users can explore the in- Kenya through satire and irony . Using jokes and dex, which is based on interviews with more than comedic sketches, XYZ has found a “safe” way 3,000 business executives, to understand “the to denounce dishonesty and reflect on the com- likelihood of companies, from countries they have plexity of political life in Kenya and the extent of business dealings with, to engage in bribery when mismanagement of national wealth and resources . doing business in their country .” The data is pre- Now broadcasting the sixth series, the show is the sented on an interactive website giving the user brainchild of Gado, Kenya’s best-known cartoonist . different levels of engagement, from a general over- It took him six years of research and effort before view using data visualisations, to a more in-depth the first episode went on air in May 2009 . In an

Sichuan Earthquake Names Project, Ai Wei Wei, China

3 bpi .transparency .org/bpi2011 4 www xyzsho. w .com

Mapping corruption / 47 MP Expenses, Guardian Datablog, UK interview with the BBC, Gado stated that the strug- a statement and published an official number of the gle against corruption is “everybody’s duty… You children who died . Ai then conducted his own inves- can’t put that responsibility on one individual, as tigation and in an open process documented on the every Kenyan should contribute to expose what is web challenged the narrative promoted by the Chi- happening and to expose corruption .” nese government . After the Sichuan earthquake in 2008, wide- Through spelling out the details with well-re- spread speculation and criticism spread across searched evidence, the viewer can start to directly the internet and media about the way in which the explore specific stories, igniting consciousness and casualties were counted and reported and how the providing windows of information on which to start disaster was handled by the Chinese government . basing opinions . In response, Ai Wei Wei – probably one of the most internationally renowned Chinese artists – along Exploring corruption: Providing the details with over 50 volunteers started an investigative The rise of new technologies combined with (and project to document the names of each of the chil- often creating the opportunity for) an increase in dren who died in the inadequately constructed the amount of public information available is chang- schools, the so-called “tofu-skin schools” . Ai de- ing the dynamics of who has access to data about tailed the project’s methodology on his blog and corruption and how it can be shared and viewed . in a one-year period collected over 5,800 names of The way in which information can be documented, children who died . The image on the previous page analysed and shared has led to innovative forms of shows the artist in front of the lists that were gath- watching from the bottom up by individuals working ered; these lists were then reused to create various together . In parallel, our increasing sophistication art works drawing attention to the controversy . As as users, combined with new formats for organis- a response, Ai’s blog was blocked and one of the ing, displaying and delivering this information, activists involved in the project was imprisoned . means that our relationship with data is changing . The Chinese government, however, finally released Groundbreaking initiatives such as WikiLeaks, and

48 / Global Information Society Watch Table of “expenses claimed” organised by parliament member, constituency and exact details of what they claimed. the popular rise of data journalism, have demon- summary of the data and directly download the strated that audiences are willing to look at a high spreadsheet with the specific details of each of the level of detail and will utilise this in formulating categories of expense claims. This spreadsheet opinions. enabled them to go through the information and In the UK in 2009, a scandal around the expens- explore line-by-line how more than 600 politicians es of members of parliament (MPs) and the amounts misused their power (or not) for personal gain. they claimed erupted. The controversy was covered Through making an executive infographic and extensively by media outlets in the UK. The Guard- allowing direct access to the data, the Guardian ian Datablog created an infographic highlighting Datablog changed the dynamic between media specific aspects of the scandal, simultaneously producer and consumer. Not only did they frame allowing readers to go beyond a visual executive the story with their editorial decisions, but by

Exxon Secrets, Greenpeace US

Mapping corruption / 49 Inspector de Intereses, Chile making the details available they put readers themselves . The site creates a counterbalance and in the shoes of an investigative journalist . The commentary on an important narrative – one con- scandal was followed by the media, campaigning trolled by Exxon – and reveals the large sums of organisations and activists and ultimately led to money with which it floods a supposedly independ- a number of embarrassed members of parliament ent field of study . paying expenses back . Some resigned from their In Chile the website Inspector de Intereses6 posts, including the Speaker of the House, and (“Interests Inspector”), produced by the Chilean criminal charges were laid against three members organisation Fundación Ciudadano Inteligente, of parliament . uses similar interactive features, providing audi- Exxon Secrets5 is a project by Greenpeace US ences with detailed information that enables them that allows users a similar level of access to detail, to map money trails in politics . Chilean law requires but this time to investigate the use of funds by a that politicians declare their corporate interests and specific corporation . The online interactive site uses those of their families and that they refrain from the visual as a route into the data, allowing users to voting on issues where they may have vested inter- explore the true nature of Exxon’s relationship with ests . The project analyses the data that is currently climate change sceptics . Exxon Secrets presents re- available from the government, identifies holes and search on the extent of Exxon’s efforts to influence raises red flags when there is a suspected conflict of the debate over climate change . It shows how Exx- interest . The project has been successful in raising on – one of the largest oil companies in the world awareness about the lack of adherence to the law – invested over USD 22 million to fund organisa- and potential cases of conflict of interest, as well tions, research centres and think tanks to produce as in influencing the behaviour of elected officials, arguments and evidence against an international with about 20% offering information directly to the consensus on the extent and impact of global warm- site about themselves . The project aims to keep a ing . Through the site users can reconstruct the flows watch on the misuse of power for personal gain, but of capital, interactions and connections between goes further than just awareness raising, engaging Exxon and organisations and individuals involved in politicians directly . It also gathers and investigates the debate . The website offers the reader a number evidence as to the extent of the problem . The evi- of maps of these connections; in addition, the site dence gathered is used for longer-term efforts to allows individuals to reconstruct Exxon’s influence develop the case for stronger disclosure and to and provides sources to directly explore the details campaign for financing norms .

5 www .exxonsecrets .org/maps .php 6 www inspector. deintereses .cl

50 / Global Information Society Watch While these examples use technology more around corruption . These efforts are critical in extensively to facilitate interaction and engage- driving discussion towards specific kinds of cor- ment, this is not the most important aspect of the ruption, such as the Sichuan earthquake in China combination of visual and data presentation . It is or Exxon’s funding of climate change sceptics . It is the ability of users to see the information directly important, however, that these efforts go beyond for themselves that changes the potential for criti- just creating visual spectacles or commonly rec- cal and investigative engagement . This form of ognised sites of evidence, and that they lead to information visualisation is of course useful for pro- action, not just to new forms of more “transparent fessionals in the field who can then work to expand, corruption” . adapt and reuse the data, but it also has the poten- These exposures of delusions of power and its tial to allow for a much greater level of influence on misuse can create the “Emperor’s New Clothes” end-users as they see the details of misused power moment for those who already know and are con- clearly . When such projects are tied into longer-term vinced of what is happening, but need a moment initiatives that interact directly with the systems of collective awareness to move them from ob- they are trying to change, they can be very effec- serving to acting . As Clay Shirky states in his book tive as a point of transition or a way to extend the Here Comes Everyone, there are three levels in dialogue in the moment . social awareness and change: 1) when everybody knows something; 2) when everybody knows that The need to take another look at “The everybody knows; 3) when everybody knows that Emperor’s New Clothes” everybody knows that everybody knows . It is this From seeing to understanding to exploring, the last stage that moves those who are already posi- examples here demonstrate some of the many tioned for change into collective action; it allows us creative and innovative initiatives using a blend of to force our legal structures to work for us and to visuals and data to question and raise the debate begin to transform the systemic abuse of power . n

Mapping corruption / 51 Political cartoons Political cartoons / 53 54 / Global Information Society Watch Political cartoons / 55 56 / Global Information Society Watch Political cartoons / 57 58 / Global Information Society Watch Political cartoons / 59 60 / Global Information Society Watch Political cartoons / 61 Country reports Introduction

Alan Finlay The internet is also proving effective outside of the ambit of state institutions – to raise awareness, launch campaigns, and for developing tools to track and moni- “Corruption is a plague as old as the world ”. – AZUR tor corruption (see the South African and Brazilian Développement (Republic of Congo) country reports for examples of this) . Transparency International (see the Jordan country The theme of “corruption and the internet” is not nec- report) argues a direct link between lower corruption essarily a straightforward one, as it may seem at first . and internet access for citizens – a 20% increase in Locating it exactly means crossing several other, and internet access is reported to decrease corruption by perhaps more familiar, advocacy paths, such as e‑gov- 0 60. points . A number of country reports appear to ernance; secrecy, privacy and transparency; access to support this, highlighting the role that internet-savvy technology and information; open data; and media citizens can play as watchdogs on corruption . In the case freedoms generally . Corruption clearly also occurs at dif- of Morocco, DiploFoundation finds that: ferent levels (e g. . national or local), in different sectors Many Facebook groups have emerged to denounce (perhaps involving companies or quasi-independent gov- corruption practices in Morocco . People have start- ernment agencies), and embroils different role players as ed taking initiatives to raise awareness about the perpetrators, victims or advocates for change – officials, phenomenon and its impact on the local economy police forces, company directors, presidents, citizens, from a citizen perspective . the youth . It can also imply the need to consider the mor- al temperament of a country (see, for instance, Benin) . Anas Tawileh (Syria) comments on the use of platforms Each of these has different implications for advo- such as Ushahidi: cacy . In the case of sectoral or local-level corruption, the It also reduces the potential for corruption, as em- state can be an ally . In the case of national-level corrup- ployees in the workflow for any service provision tion, civil society aligns itself with the citizen, to raise within these agencies would know that many eyes awareness and put pressure on the state to adhere to are watching over their shoulders . This, effectively, global norms of transparency and accountability . crowdsources monitoring of administrative perform- Talking openly about corruption, in some cases, can ance by the citizens themselves . also be dangerous . At least two authors withdrew their participation in this year’s GISWatch citing this as the Initiatives to monitor state activities in a transparent reason . As Mireille Raad (Lebanon) writes: way, and, in effect, to highlight areas of potential cor- ruption are often innovative in their simplicity . In Saudi Unlike other activist issues such as advocating for Arabia, the website 3addad co. m – “The Index of Saudi rights generally, an effective and targeted campaign Promises” – tracks local media for project deadline com- against corruption will put you in a confrontation mitments made by Saudi officials, and then lists those with “criminals” . Having a good strategic and even projects with a countdown ticker next to each of the legal background on crime and criminals and a commitments made . The motivation behind this site has bullet­proof game plan in this regard is a must . an emotional clarity that matches its directness . As the Country report authors are divided about how useful the site founder Thamer al-Muhaimeed writes: “This index internet can be in tackling corruption . Echoing Bytes for is our memory of the sum of undelivered promises . . . All’s experience that “[e]ven the thought of interacting because we have nothing but these promises ”. with a government department is a nightmare for an SETEM (Spain) finds that online media tend to be ordinary citizen in Pakistan,” PROTEGE QV (Cameroon) more amenable to combating corruption: points out that information and communications tech- [D]igital media or digital publications by the mass nology (ICT) systems implemented in the country’s media are much more open to covering cases of customs administration “limit encounters with public complaints and violations of rights, while the paper officials” and in doing so have a positive impact on com- editions of the mass media are reluctant to publish bating corruption . such information .

62 / Global Information Society Watch Similarly, Metatron Research Unit (Hungary) shows that Nodo TAU (Argentina), meanwhile, records a negative the online news website Atlatszo can pursue stories experience when it comes to e‑voting: more persistently than commercial or state-owned news Although information technologies are valued outlets, and focus more consciously on impact: in their ability to increase access to information In contrast to prevailing journalistic practice, claims through the digitisation of electoral rolls, the are often backed up by original source documents registration of voters, and the processing and which are either linked or published directly on the dissemination of results, if applied to the act of site . Presenting the evidence in the concrete form of voting, they make the process more vulnerable . the original source documents boosts the credibility of claims, which is key for anti-corruption work . Access defines how successfully ICTs can be used However, the watchdog role citizens can play is depend- in combating corruption . Kishor Pradhan (Nepal) re- ent on a number of factors, including the level of access minds us that any e‑government programme must be citizens enjoy, the freedom of institutions such as the based on appropriate technology – in this case, an media, the ability of citizens to access public events (and anti-corruption telephone hotline is used more than to report on those freely), and the readiness with which an online complaints system . a state shares information with its citizens . Similarly, CONDESAN and Red Científica Peruana Independent monitoring initiatives – such as (Peru) offer the following fascinating account of the those monitoring municipal spending – are often as impact a lack of access has on the citizen-government good as the quality of data that is made available by relationship: the state . And Brazil shows that the authorities can Since there are neither good connections nor ap- go to great lengths to quash attempts to effect more propriate technical staff in rural areas, the rural transparency on spending, making the translation of municipalities have opted to establish an office complex data so that it can be easily understood by in the nearest town and move part of their offices citizens virtually impossible . to the city . However, this has created discontent The question of access to information is raised amongst the population, who felt that their lead- by several other organisations, including the Elec- ers were governing from the cities . Even with tronic Frontier Foundation, which points to the Obama the existence of portals to access information, administration’s poor track record in granting access citizens do not have access to the internet, and to information requests (worse than George Bush’s, therefore, their only option to make themselves believe it or not) . In the Occupied Palestinian Territory, heard is to travel to town or the nearest city . Be- blocked websites leave the Maan news agency to ask: cause of this we find that the government has not “Is withholding information from the public an act of moved closer to citizens using ICTs – on the con- corruption, in and of itself?” trary, it has moved further away . As some reports suggest, the link between censor- ship and corruption can be tangential – one need not Perhaps more than before, globally corruption has necessarily imply the other . But even in the absence of created a distinct sense of distrust in nations’ lead- evidence of corrupt activities, in environments that lack ers . KICTANet (Kenya) notes that: free expression and association, and are deliberately [A] large proportion of Kenyans believe all or most censored by the state, corruption is a likely corollary . public officials, including the president, to be in- E-government programmes – launched to promote volved in corruption . The police are considered an efficient, accountable and transparent government – the most corrupt, followed very closely by parlia- have also been shown to be as strong as the political will mentarians and government officials . The media that drives those programmes forward . DiploFoundation and civil society are the most trusted groups . finds that Morocco’s Prime Minister Abdelilah Ben- kirane, who was to usher in a new era of accountability Benin decries the moral decay in that country, in in that country, instead “sounded defeated and helpless which the youth are seen to be complicit . Remedies with no concrete plans to eradicate corruption ”. are proposed . Other reports, such as Syria, see the Jinbonet (Korea) argues the following: youth as a necessary participant in anti-corruption In 2012, Korea scored the highest on the e‑gov- efforts: “[The e-complaints platform] was completely ernment index in the United Nations survey on conceived, developed and implemented by young electronic government . On the other hand, Korea Syrians aged between 14 and 16 years ”. ranked 43rd out of 183 countries in Transparency This, the report adds, “clearly shows the deter- International’s Corruption Perceptions Index . Given mination of the upcoming generations to tackle the this, it is clear that the development of e‑government challenges that hindered the development of their does not guarantee transparency in government . countries for decades ”. n Argentina The right to vote: Can ICTs secure fair elections?

The Act involves a reform of the Electoral Code, Nodo TAU Florencia Roveri currently underway, that is “aimed to provide citi- www .tau .org ar. zens with a more modern, flexible, and transparent system that provides legal certainty for the elector- ate .” Its main issues are the financing of political Introduction parties and election campaigns, the digitisation In a context characterised by policies that promote of electoral rolls, the implementation of the Open, state modernisation, and an intense legislative Concurrent and Obligatory Primary Elections (PASO, debate about the reform of the electoral code, the or Primarias, Abiertas, Simultáneas y Obligatorias), implementation of electronic voting has caused the replacement of a system of multiple ballots for some controversy . On one side of the debate, elec- parties with a single ballot, and the digitisation of tronic voting is seen as the panacea that would the national identity card . solve all the problems associated with the act of In this context, electronic voting has generated voting (transparency, security, increasing participa- some public controversies, even in circles close to 5 tion, reduction of costs, and reduction of the time the presidency . Although Argentina does not have taken to validate and count votes) . On the opposite specific legislation dealing with electronic voting, side, there are those who warn that the right to vote several cities and provinces have conducted ex- should not be left to a group of technology experts perimental tests, allowed by local regulations . At who introduce a process that is opaque to most of the same time, four bills on electronic voting are the people participating in an electoral process . circulating around the legislative chambers and are being analysed by various legislative committees .6 Policy and political background These deal with: In 1912 the Saenz Peña Law1 declared that voting • Implementation of electronic voting in Argen- in Argentina is universal, secret and compulsory tina generally for everyone 18 years of age and older . However, • Voter identification and provisional balloting it must be mentioned that “universality” did not include women until 1947 2. Since 1972 elections • Establishing a single ballot system have been governed by the National Electoral Code, • Vote counting and the use of supporting established by Law 19,945,3 and amended by Law documentation . 20,175 in 1983, when Argentina returned to democ- The experimental projects were set up by represent- racy after the bloodiest military dictatorship in the atives from different parties and provinces . Two of country’s history . them are in Salta, a province in the northwest of the In the 1990s, neoliberal policies were applied country and the pioneer province in the implemen- entailing a weakening of the state’s role and a loss tation of electronic voting . Some projects define of confidence in political representation, which, in what technology to use and others have left the is- electoral terms, led to a reduction in citizen partici- sue to the discretion of the Interior Ministry . Most of pation in voting and an increase in blank ballots . them mention a system of electronic balloting, but With this background, the national government only one mentions the electronic ballot box . None pushed for political reform that led to the passing mention the virtual vote – that is, the elimination of of the Act for the Democratisation of Political Repre- the physical electoral infrastructure and its replace- sentation, Electoral Transparency and Equity 4. ment using the internet . The projects mentioning 1 www elhistoriador. .com .ar/articulos/republica_liberal/saenz_ the internet mainly consider its use for sending the pena_quiera_el_pueblo_votar .php 2 www elhistoriador. .com .ar/articulos/ascenso_y_auge_del_ peronismo/el_voto_femenino .php 5 La tecla (2012) Aníbal y Randazzo chocan por el voto electrónico, 3 Ministerio de Justicia y Derechos Humanos (1983) Código Electoral 21 March . www .latecla .info/2/nota_1 .php?noticia_id=44991 Nacional. www .biblioteca .jus .gov .ar/CELECTORAL .html 6 Derecho a leer (2012) Cuatro leyes contra tu derecho a controlar la 4 www infoleg. .gov .ar/infolegInternet/anexos/160000- próxima elección, 10 May . www .derechoaleer .org/2012/05/cuatro- 164999/161453/norma .htm amenazas-contra-tu-derecho-a-controlar-la-proxima-eleccion .html

64 / Global Information Society Watch results to data processing centres, which in Argen- the chips again using a different computer to tally tina are in charge of the Electoral Justice . votes . Then the computer calculates the result . The log of the process is sent over the internet to the Electronic vote in Salta data processing centre at the Electoral Tribunal . “First test of electronic voting in Argentina”:7 on 10 Officialsources declared that the election was a April 2011 a local newspaper ran this headline re- success, except for a few setbacks . Magic Software porting on the election in Salta for the provincial reported that there were four attempts to hack and government and legislators . Although there had bring down the official site on which the results been previous experiments, Salta’s was the most were publicised, but all the attempts were neutral- extensive . It involved a third of the electorate and ised 9. They also mentioned that “seven computers the test was part of a progressive implementation (1%) had problems but they were quickly replaced .” schedule that was to be completed by 2015, with They noted that half an hour after the polls closed, the objective being electronic voting across the they could inform the public of the first results from province . the polling points that had used the system . The decision, taken by the provincial govern- After the election, the government of Salta an- ment and authorised by the Electoral Court, was nounced the schedule for using electronic voting in not supported by the political opposition, which 100% of the polls for 2013, through the Provincial had a minority status in provincial chambers . In Plan for the Implementation of the Electoral Reform . 2010 a group of representatives of different political They will conduct a survey of schools to check in- parties released a document8 requesting that the frastructure and will organise training for teachers, executive review the decision and repeal the elec- political leaders, journalists and voters in general . tronic voting . “Neither the electoral tribunal, the The Centre for the Implementation of Public judiciary or political parties could have sufficiently Policies Promoting Equity and Growth (CIPPEC),10 trained technical staff to control the electronic bal- which will take charge of training and implementa- lot boxes,” they argued . “We have to trust that the tion of electronic voting, conducted an evaluation company that provides the system has no interest of the experience, surveying 1,502 voters and 112 in the outcome of the vote and can ensure the trans- presiding officers . It has concluded that a) elec- parency of the election .” tronic voting facilitated the task of the authorities However, the provincial executive moved for- and accelerated the verification process; b) the ward with its proposal . About 240,000 people voted system is easy to use and was widely accepted in terminals installed in 720 polling stations in the by the electorate; c) the change of voting system capital city and several small towns . The system strengthened confidence in registering to vote but involved a terminal and an electronic ballot . The weakened confidence in the protection of confiden- software used was proprietary and was provided by tiality (however, both effects were considered to be Magic Software Argentina, a company with a high mild); and d) electronic voting made the previous degree of international certification and experience system of controls developed by political parties in complex systems and data verification . obsolete . However, this creates uncertainty and For voting, voters use a touch screen to say if concern about their ability to control the operation they want to vote using a complete ballot list of of the new system . candidates from one particular party, one with candidates of different parties for each office, or Neither transparent, nor reliable, nor secret a blank ballot (i e. . the voter decides to vote for no In the days after the election, the news agency Co- candidate) . The voters then cast their vote elec- penoa11 released a video that registered the moment tronically . The terminal prints a paper ballot that the machine on which the governor of Salta was to includes a chip . The voters must pass it through a vote experienced technical problems . The machine scanner installed on the same machine and check froze, and a young man whom we assume was an that the screen displays what they have chosen . The employee of the company providing the system went voters then deposit the ballot in a traditional ballot box . During the verification process, auditors scan 9 Canal-ar (2011) El voto electrónico funcionó sin inconvenientes en Salta, 11 April . www canal-ar. .com ar/noticias/noticiamuestr. a . 7 I .profesional .com (2011) El voto electrónico y su primera “prueba asp?Id=10600 de fuego” en la Argentina, 10 April . tecnologia .iprofesional .com/ 10 Pomares, J . et al . (2011) Cambios en la forma de votar. La notas/114222-El-voto-electrnico-ante-su-primera-prueba-de- experiencia del voto electrónico en Salta. fuego-en-la-Argentina www cippec. .org/oear/docs/documentos_de_trabajo/DPP_N_94_ 8 www .vialibre .org .ar/wp-content/uploads/2010/05/Escrito- PYGG pdf. oposicion-voto-electronico-27-05-10 .pdf 11 www copenoa. .com .ar/Maquina-electronica-donde-debe html.

ARGENTINA / 65 to the computer to change the software and rebooted Another aspect that must be highlighted is it using a software CD . “No voting authority or rep- the opaqueness of the technology . A local expert resentative of any political party was watching, and defined the situation as an “expertocracy”, which even if they were, who would know what was on the creates problems with trusting the system . “The is- CD?” writes Beatrice Busaniche from the Vía Libre sue is: who is technically qualified to know if the Foundation and editor of Electronic Voting: The Risks system does what its developers say it is doing – of an Illusion 12. This situation shows clearly that offi- especially if the entire source code is not publicly cials do not have any control over the system – and if available? Generally speaking, no one doubts the so, one of the essential principles of democracy was ‘behaviour’ of an envelope, beyond the historical infringed: the citizen’s right to audit the election . methods of .”17 The opinions about the system were favour- As regards the speed of receiving results, this able, perhaps because it is considered among the was also reconsidered in the evaluation . After 45 best on the market . However, observers expressed minutes of vote verification, there were no more than concerns that if the experience were extended to six tables of results actually recorded . But the media the whole country, it would need to be in partner- covering the election relentlessly repeated the results ship with Magic Software because it has a patent on from those tables, claiming that electronic voting was the system in Argentina until 2024 13. The concerns faster . As Busaniche put it: “In Salta, aside from the re- expressed were that “it is a private company that elected governor, the big winners were the promoters suddenly has the power to control, audit and man- of technocracy and those who prefer the privatisa- age the voting act .” tion of elections over the exercise of civil rights . And There have been electronic voting experiences of course, a company that, in its own right, is opening with other companies . Indra, a Spanish firm, was the door to a giant business deal ”. used in a project in Marcos Juárez, Córdoba . There were some hitches in this pilot and technicians could Conclusions not audit the votes 14. In another case, in Las Grutas, “Electronic voting is seen as a panacea for modern a small town in the province of Río Negro, technol- democracies by techno-optimists, and as a ‘Pan- ogy developed by the state company Altec was dora’s Box’ for possible tampering by its critics .”18 used . This pilot supported those who opposed elec- These are the axes of the controversy . tronic voting . During the election so many problems The voices heard in the promotion of the im- occurred (delays, errors, loss of information) that plementation of electronic voting are mainly those city councillors reversed the electronic voting ordi- of government leaders who propose it as a step to nance, and apologised through a public document state modernisation and access of citizens to tech- for “buying into the promotions of salesmen .”15 nological development . At the same time, they feel In the case of Salta, the most critical aspect is it will make the act of voting more transparent and that the system could not ensure the secrecy and efficient . The concept of electronic democracy sup- anonymity of the vote . The system can be inter- ports this position because of the potential of the fered with remotely and in this way information internet to improve political participation, to in- about who is being voted for may be obtained . This crease access to information, to bring leaders closer is what happened in the Netherlands, resulting to citizens, and at the same time to make all these in the scrapping of electronic voting 16. Salta’s au- processes more transparent . thorities did not create measures to avoid this risk . Those who oppose electronic voting, mainly Moreover, the fact that the ballot has a wireless chip specialists or analysts of social and citizen issues increases concerns . Each chip has a unique serial related to technology, address the risks that would number, and the user of the chip can be associated result from trusting the act of voting to a computer . with the number – and in this way the vote linked to They state that electronic voting does not provide each serial number can be known . any of the benefits it promises . They also stress that is neither transparent nor reliable, and that it 12 Fundación Vía Libre (2008) Voto electrónico. Los riesgos de una threatens the important right to anonymity . ilusión. www .vialibre .org .ar/wp-content/uploads/2009/03/evoto . In the electoral arena, the benefits of informa- pdf 13 www patentes-online. .com .ar/disposicion-y-metodo-de-voto- tion technologies in general and the internet in electronico-27828 .html particular should be evaluated from a different 14 Smaldone, J . (2010) Así mienten los vendedores de voto electrónico, 14 October . blog .smaldone .com .ar/2010/10/14/asi- mienten-los-vendedores-de-voto-electronico/ 17 Blejman, M . (2011) El triunfo de la expertocracia, Página 12, 12 April . 15 Fundación Vía Libre (2008) op cit ., p . 43 . www pa. gina12 co. m ar. /diario/cdigital/31-166037-2011-04-12 ht. ml 16 wijvertrouwenstemcomputersniet .nl/English 18 I .profesional .com (2011) op . cit .

66 / Global Information Society Watch perspective . Although information technologies are • The general public is also not aware of the de- valued for their ability to increase access to infor- bates . Mass media mostly cover the benefits of mation through the digitisation of electoral rolls, implementing electronic voting . The question- the registration of voters, and the processing and ing of the transparency of elections conducted dissemination of results, if applied to the act of vot- by electronic voting should be more visible in ing, they make the process more vulnerable and put the mass media and on social networks . its main requirements at risk . Vía Libre Foundation • Organisations involved with civil rights should notes that “there is no electronic voting system that take these issues on board as advocacy issues . respects the right of citizens to anonymity (…) and This will strengthen the legal opposition to elec- the inalienable right to participate in the auditing of tronic voting . At the moment, the voices heard the voting process itself .” in Argentina come mainly from the technologi- cal field . Action steps • If the implementation of electronic voting carries • Electronic voting projects are generally proposed on, there should be a rigorous and critical analy- by leaders or legislators who have little aware- sis of the technology involved, which includes a ness of controversies around the implementation variety of actors in the evaluation (universities, of technology . Because of this it is important to civil society organisations, etc .) . It is important develop strategies that highlight in as concrete a to implement previously used mechanisms for way as possible the challenges mentioned above . auditing the companies that offer software . n

ARGENTINA / 67 BangladesH ICTndocals a l service delivery in BangladesH

Bytes for All Bangladesh Figure 1 Partha Sarker and Anir Chowdhury Corruption in education: Ratio of service www .bytesforall .org recipients forced to pay a bribe 54.1

Introduction 35.5 32.5 Over the last 40 years, Bangladesh has become 21.8 an interesting case study where its low per capita income (USD 700), low literacy rate (around 50%), insignificant computer literacy level and low grid- For admission To be enlisted To be enlisted For actual in school for a stipend in for a stipend disbursement electricity penetration (less than 50%), coupled primary level in secondary of the stipend with its high population density (1,142 .29 people level per sq . km in 2010),1 could not retard its success source: Calculated from TI Bangladesh (2005) Corruption in human development indicators . Bangladesh in Bangladesh: A Household Survey 2004 has moved up 81% in the Human Development In- dex (HDI) over the last 30 years . With 99% primary investment and economic activities away from pro- school enrolment, a decreased infant mortality rate ductive pursuits towards the towering rewards of (from 145 deaths per 1,000 live births in 1970 to 46 underhanded activities ”. 6 The World Bank has iden- 2 in 2003) and an increased food security level (near tified corruption as the “single greatest obstacle to self-sufficiency), it has positioned itself as one of economic and social development ”. In 2004 it esti- the countries that is geared towards achieving the mated that more than USD 1 trillion is paid in bribes Millennium Development Goals (MDGs) . It also has globally each year . 90 million mobile phone users, 2 .7 million Facebook In Bangladesh, like other countries, corruption users, and 99% geographical coverage in voice has both direct and indirect effects on the poor . In- and data connectivity (mostly through wireless direct implications of corruption on the poor include 3 networks) – proving the country has attained initial diverting government resources away at the ex- readiness for service delivery using information and pense of social sector benefits . Direct implications communications technologies (ICTs) . include the fact that corruption increases the cost of But all these gains have been achieved despite key public services targeted to them, and results in 4 a widely acknowledged governance failure . That restricted or limited access to essential services, as governance failure is often demonstrated by the is shown in Figures 1 and 2 7. levels and perceptions of corruption within the It is generally considered that Bangladesh loses country . For five years in a row (2000-2005), Bang- 3% of its GDP due to corruption .8 Transparency In- ladesh topped the global Corruption Perceptions ternational Bangladesh (TIB) suggests that almost 5 Index prepared by Transparency International . 75% of more than USD 35 billion in aid received since independence has been lost to corruption . Policy and political background Mauro says, “If Bangladesh were able to reduce Corruption has multiple effects in a society . As Am- corruption by one standard deviation to the level artya Sen points out, “a high level of corruption can of Uruguay, its investment rate would increase by make public policies ineffective and can also draw almost 5% and its annual rate of growth would rise by over one-half percent .”9 1 World Bank data on Bangladesh: data .worldbank .org/country/ bangladesh 2 UN Human Development Indicators on Bangladesh: hdrstats .undp . org/en/countries/profiles/bgd .html 6 Sen, A . (1999) Development as Freedom, Oxford University Press, 3 Bangladesh Telecom Regulatory Commission: www .btrc .gov .bd Oxford, p . 275 . 4 Zaman, I . (2006) Measuring : Can 7 Zaman (2006) op . cit . Communication Work?, Transparency International Bangladesh . 8 ti-bangladesh or. g ti-bangladesh .org/index .php/research-a-knowledge 9 Mauro, P . (1995) Corruption and Growth, Quarterly Journal of 5 www tr. ansparency .org Economics, 110 (3), p . 681-712 .

68 / Global Information Society Watch Figure 2 examinations, public complaints and enquiries . The conventional system of office management and Corruption in health: Ratio of service recipients service delivery at the DC offices is paper-based, forced to pay a bribe which is time consuming and labour intensive 54.8 for both the service provider and receiver . DC of- fices are also unable to meet the high demand for 29.3 services from the growing population . Moreover, the inflexibility of this process coupled with the shortage of manpower and infrastructure make the For outdoor For operation/x-ray/ services prone to abuse and corruption . treatment pathological test A national household survey13 conducted by TIB source: Calculated from TI Bangladesh (2005) Corruption in 2010 found that 88% of the respondents were in Bangladesh: A Household Survey 2004 victims of corruption in the judiciary, followed by corruption in law enforcement agencies (79 .7%), There are several policies or legislations that land administration (71 .2%), and taxation and cus- address the issue of corruption in Bangladesh .10 toms (51 .3%) . In terms of bribery collection, law These include the Money Laundering Prevention enforcement agencies were at the top (68 .7%), Act (MLPA) that enabled the government to set up followed by land administration (67%), the judici- the Financial Intelligence Unit (FIU) with ICT fa- ary (59 .9%), and taxation and customs (43 .9%) . cilities . The Anti-Corruption Act 2004 helped the The survey also revealed that 66% of respondents Bangladeshi government set up the Anti-Corruption reported having to pay a bribe to access basic serv- Commission (ACC) with financial independence . The ices in the previous 12 months, while 46% believed Public Procurement Act 2006 is aimed at ensuring that corruption has increased . accountability and transparency in public procure- In order to address this situation, District e- ment of goods, works or services, and free and fair Service Centres (DESC) and Union (the lowest tier competition among all the persons interested in of local government institutions) Information and taking part in such procurement . Services Centres (UISC) have been introduced to One of the objectives of the National ICT Policy improve the accessibility and transparency of public of Bangladesh11 adopted in 2009 is to ensure “in- service delivery at the local and remote level . tegrity” . It has three strategic themes which have a number of action items directly aimed at the reduc- District e-Service Centres (DESC)14 tion of corruption in government . One specific item, A DESC centre is an ICT-facilitated one-stop service namely action item no . 67, states: “[By allowing] centre which provides an efficient electronic version citizens to report cases of corruption electronically of the century-old manual and heavily bureaucratic this would empower citizens by giving them a voice service delivery system at every DC office . DESC in fighting corruption, thus helping the government centres have the following objectives: fight corruption more effectively .” It was a “short- • To ensure service delivery at the doorstep of the term action” (to be implemented within 18 months) people in the least possible time . with the ACC identified as the principal implement- ing agency . • To uphold citizens’ rights to information through an extensive information flow . Local administration and public service delivery12 • To reduce corruption and increase accountabil- Over the past decades, a wide range of useful serv- ity by ensuring an enhanced flow of information ices to citizens have been provided by the Deputy and more transparent processes . Commissioner (DC) offices regarding control and supervision of revenue, maintenance of public or- The services available at the DC office can be re- der and security, licences and certificates, land quested and received through the one-stop service acquisitions, census, relief and rehabilitation, so- counters, online, by phone, by post or by fax . cial welfare, pension matters, education and public The first centre was piloted in the Jessore DC office in September 2010 . Subsequently, more cen- tres were brought online throughout 2011 . Finally, 10 Iqbal, M . (2008) Tackling Corruption in South Asia: Are the Recent Initiatives Enough? An Appraisal of Bangladesh, Korea University, Seoul . 11 bdictforum .wordpress .com/2012/03/14/national-ict-policy-2009- 13 Transparency International Bangladesh (2010) Corruption in the of-bangladesh Service Sectors: National Household Survey 2010 . www ti. -bangladesh . 12 UNDP (2012) Project document of the “Access to Information (II): org/research/Executive%20Summary_23122010%20FINAL pd. f E-service delivery for transparency and responsiveness” project . 14 UNDP (2012) op . cit .

BANGLADESH / 69 on 14 November 2011, Bangladeshi Prime Minister webcam and solar panel . The entrepreneurs are free Shaikh Hasina and United Nations Secretary-Gen- to install additional facilities to support business eral Ban Ki-moon jointly inaugurated DESCs in all growth, at the same time ensuring that the social 64 districts of the country . Citizens are now able to sustainability of the centre is achieved by delivering submit their applications online from service cen- government information and services . tres located at the DC office, Union Parishad or even from their own home without having to travel to the Results achieved district headquarters . Greater access and efficient processing have Upon submitting their applications, citizens re- reduced barriers of culture, class, gender and dis- ceive an SMS notification with a receipt number and tance in the delivery of public services . DESCs date of service delivery . In addition, citizens will also have made the service delivery process easy by be able to submit their applications through the Dis- minimising layers of red tape, time, hassle and cost trict Portal from anywhere in the world, including all for citizens . Travelling long distances and stand- the Union Information and Service Centres . Citizens ing in long queues to receive services in district are notified through either SMS or email once the headquarters has been eliminated . Services have service is ready to be delivered . They can choose to become truly decentralised with the access to DESC receive the service in-person from the DC office con- at union level through district portals . An enhanced cerned or by postal mail if the application is regarding tracking system ensures more accountability and requests for any documents . During the waiting peri- transparency in public service delivery, leading to od, citizens are able to check the status of their lodged better governance . applications though SMS or District Portals . This has The average official fee to get a copy of a simple allowed citizens to avoid in-person visits to DC offices, land record is BDT 8 (USD 0 .10) . However, because which previously gave birth to corrupt practices . of the corrupt practices of unscrupulous middle- men, the bribe paid to them is easily 20 to 100 times 15 Union Information and Service Centres (UISC) this amount . Now, with the introduction of e‑serv- UISCs are newly established one-stop service out- ices to access land records, the official fee is the lets operating at all 4,545 Union Parishads (lowest only fee paid by the citizens, since the middlemen tier of local government) of the country . Through the have no access to how the electronic transactions use of ICTs, a UISC is able to bring various types of are done . The elimination of face-to-face interaction information related to government, livelihood and with the middlemen has brought about this result . private services to the doorstep of citizens in rural Also, citizens are saving a significant amount areas . It ensures that service providers and users of time and money since they now do not have to save time and cost, and has made operations has- travel to district headquarters . Previously, money sle free . Operating under the Public-Private-People would be spent on travel for the applicant, travel Partnership (PPPP) modality, these centres are run for an escort accompanying an applicant who is by local entrepreneurs, hosted by Union Parishads a woman, elderly, illiterate or has a disability, the and supported by the central administration . opportunity cost in terms of daily wages for the ap- UISCs began operations in 2009 in 30 Union plicant and the escort, and sometimes an overnight Parishads through partnership between the Local stay in district headquarters, all of which would cre- Government Division and Access to Information ate a significant financial burden for the applicant . (A2I) programme . The Quick Win initiative expand- DESCs accessible from UISCs have eliminated most ed rapidly, culminating in a launch in all 4,545 Union of these costs . Parishads on 11 November 2010 by the prime minis- The tracking number received over mobile ter of Bangladesh and UNDP administrator . phone is a remarkable addition for the elimination Each UISC is operated by two young local en- of corruption – it allows citizens to track the status trepreneurs – a male and a female – under the of processing and brings a higher measure of pre- supervision of a local advisory headed by the Union dictability . Previously, the unpredictability and the Parishad’s chairman . The Union Parishad provides long delays would open up opportunities for rent space and utilities for the centre . The Local Govern- seeking by non-officer middlemen and sometimes ment Division coordinates with the Cabinet Division even government officers . and Bangladesh Computer Council to establish In addition, the dashboards visible to the higher the basic ICT setup, including computers, laptops, authorities displaying the status of application printers, multimedia projector, digital camera, processing put the officers in the DC office on high alert, increasing efficiency and reducing the tenden- 15 Ibid . cy to ask for bribes from citizen applicants .

70 / Global Information Society Watch The electronic documents and land records In order to address corruption, the government are less prone to corrupt practices of tampering needs to protect whistleblowers and encourage than their paper counterparts . And even if hackers ICT-based communication allowing anonymity . The emerge among the government officers, the intro- parliament enacted an act for protection of whistle- duction of digital signatures starting in 2013 will blowers in 2011 . This needs to be promoted along safeguard the electronic documents, adding anoth- with the Right to Information Act that may en- er barrier to corrupt practices . courage others to seek or share information on Since 14 November 2011,16 all DC offices com- corruption taking place even in remote areas . bined have finalised 809,219 applications, while It is generally believed that ICTs can eliminate 1,280,576 applications are in process; 389,423 the need or possibility of direct face-to-face inter- land records have been delivered to citizens against action for people seeking information or services, 758,153 applications received . Four million citizens thereby reducing the chances of abuse of decretory visit the UISCs per month to access various services . power by officials and opportunities for corruption . But this needs to be backed by enough political will Action steps and institutional strengthening efforts . The ACC As indicated by the TIB survey, the majority of cor- can prepare a strategic plan for harnessing the full ruption occurs at the level of services that the potential of ICTs in its activities, both in prevention government provides to the general public . Initially and enforcement . Citizens need to be engaged and the Bangladeshi government pursued automation to encouraged to be vigilant in an innovative way that improve internal processing and coordination . This brings forward an anti-corruption friendly environ- resulted in an expensive procurement of state-of- ment . n the-art equipment, but did not bring any qualitative change at the service delivery end . Neither did it stop the corrupt practices . Therefore it is important that the government pursue innovative approaches, such as the DESCs and UISCs, and bring as much openness, automation and transparency as pos- sible through decentralisation and e‑services . The government should start to use its National e‑GP Portal for e‑procurement of goods and services . Currently, any local tender package up to BDT 500 million (USD 6 million) for goods or works and up to BDT 100 million (USD 1 .2 million) for services can be processed through this portal .

16 Chowdhury, A . (2012) Service Delivery Transformation in Bangladesh: ICT as the Catalyst and Lessons from Korea .

BANGLADESH / 71 Benin The internet crime boom in Benin: Where sorcery and the “Kinninssi” fetish get involved

A brief, broad outline of the legislative CréACTION BENIN Barnabé Ogouman Affougnon and regulatory framework for the fight www .ogouman .blogspot .com against internet crime in Benin Benin has long functioned on an old criminal code; that is to say, the French Code introduced in the Introduction French colonies of western Africa by the decree of 6 Corruption begins at home . The corruption of our May 1877 . Unfortunately, this does not cover online leaders reflects a wider moral corruption in society . criminal activities . This report looks at the phenomenon of internet The Council of Europe convention on cyber crime, crime in Benin – which is proving an attractive and which came into effect on 1 July 2004, is today the lucrative outlet for the country’s wayward youth . only international treaty which acts as a landmark The internet has a huge impact on populations for any state willing to develop national legislation in Third World countries . The number of users has against internet crime . In view of the extent of the risen at an unprecedented rate, due to the countless phenomenon, in 2009 the Beninese government, advantages to be had from the use of the internet . through the Secretariat of the Interior, drafted de- In 1999, we could count over 300 million active “in- cree No . 200/MISP/DC/SGM/DGPN/SERCT/DER/ ternauts” on the global network . Today, the number SA related to the creation of a division in charge of of people using this tool far exceeds one billion . the fight against internet crime . This decree stipu- Unfortunately, as some people assert, “Not all we lates that victims of internet crime can approach find on the internet is good ”. Some people would talk Interpol or the BEF with their complaints . about paedophilia, prostitution and internet crime . However, generally, the legal arsenal devoted The naivety of some internet users has facilitated a to the fight against internet crime is poor in Benin . new outbreak of internet criminals multiplying their The only existing law is “the law related to the fight frame-ups without being worried, largely because of against corruption and other similar infringements the non-existence of an adequate legislative and regu- in the Republic of Benin” passed by the Beninese latory environment . Opportunities, everything starts legislature on 30 August 2011 . This law fills the legal with opportunities . All is due to opportunities . “Oppor- void that has existed when it comes to financial and tunities” is the magic word that catalyses the crime . economic crimes, including money laundering and Trying to seize opportunities, people get trapped . They corruption . are deprived of all their possessions – sometimes, they claim, under the influence of evil spirits . Benin, the country of the “Vodun” religion, of The storyline to a pathetic movie sorcery and of the occult, has become a hotbed for – what a lot of victims! internet crime since 2005 – usually the result of Two million CFA francs . That is the amount collected student graduates . They can be found crouched in by four young Beninese (Yasmine, Erick, Doltaire internet cafés, exploring new strategies and ruses . and Rosemonde) in order to travel to Canada with They constantly look for the next victims to swindle a view to taking part in a training seminar on de- using social networks such as hi5, Facebook, Twit- velopment issues . At the beginning, a huge number ter and Netlog . Some even say they use magic: the of emails were exchanged . The schedule of the “Kinninssi” fetish, a formidable Vodun fetish, and meeting, the itinerary of the trip to Canada, even sorcery . These phenomena are far from things of the the hotel reservations, everything was known in past in Benin: people complain about them every advance by our four young friends . The information day at the Financial and Economic Brigade (BEF) they were being given confirmed that everything and to Interpol . was going well . This report tells the story of four young Beni- Beforehand, Joseph, a friend of Erick’s, was nese victims of internet crime . We argue that this already whispering to the latter that there are dif- is a symptom of rampant corruption in society – a ferent forms of swindles on internet . “You should be result of a lack of leadership and strong parenting . careful Erick; I hope you’re not doing ‘Gay’!”

72 / Global Information Society Watch Joseph didn’t listen to his friend and carried Nicknamed 419 scams in Nigeria, the internet on with searching for the funds required by the criminals are known as “Gay men” in Benin . They individual arranging the travel – an internet crimi- appeared in Benin in the mid-2000s, and the phe- nal . Some of their parents were even persuaded to nomenon has expanded like lightning . For a long support them financially so that they could afford time the scams were operated by Nigerian people the attendance fees to the seminar . They were sup- in Benin . But this activity quickly engendered new posed to be given the tickets after they had sent the recruits, mostly student drop-outs . The only aim is money . One week before the trip, no more signs, no “to pay back the Northern countries for the histori- more emails, no more calls as before, and every- cal debt they owe to the Southern countries,” they thing was muddled . They were never going to take said . Young people, aged from 15 to 35, attacked part in the seminar . They understood this too late . the cyber centres, buying a frightening number of Despair! Destroyed ambition! They just got ripped browsing hours . “It’s a well-paid job,” they usu- off on the internet . Wasn’t heaven with them? ally say . The computers are occupied all day long, Anyway, God took sides: he chose to be with preventing other people from working . This causes the “Gay men” . Those hustler networks, those some grumbles or some disputes with the power- internet criminals, they are very well organised . less cyber centre managers . This rabble of thieves They just robbed four naive, credulous young peo- – very arrogant, proud and impolite – own wonder- ple who believed in their luck! They got tripped ful villas, luxurious houses that catch the attention like thousands of other victims who thought they and the admiration of the Beninese . They drive nice, were seizing opportunities on the internet . These top-of-the-line cars and own shops placed here and “offers” are either diverse sales offers (vehicles, there in Cotonou city . household appliances, animals, metals), or loan opportunities (even donations) publicised on spe- Internet: When sorcery and the “Kinninssi” cialised websites and offering very advantageous fetish get involved conditions; or they can be invitations to seminars, Sorcery finally got involved in this huge swindle direct commercial promotions to customers, intro- operation led by these young people . Neglected ductions to networks of pornographic photos and by their parents, they find their way through fictitious marriage promises, the fraudulent sale of street education . Fond of the internet and the flight tickets, the delivery of forged diplomas, or the easy life, they invest in internet crime activities purchase of raw materials for fictitious pharmaceu- using every occult or evil mechanism or process tical factories . The criminals have even succeeded to affect their customers . They carry out noctur- in selling some of the most coveted public places nal journeys because they are part of lodges or in the economic capital of Benin, such as the his- other groups . The sorcery, the “Kinninssi fetish” torical landmark Étoile Rouge, the symbol of the and other occult practices have become “tools Marxist-Leninist era in Benin, or the Sun Beach Ho- for helping them make decisions,” then “tools tel, a really comfortable hotel, which was subject to to facilitate access to wealth .” Their only aim is a fraudulent transaction on internet . to “swindle to become wealthy .” No sentimental- “Six hundred cases had been recorded in 2006 ism, no state of mind . It’s business . When these in Benin at the end of our survey . From 2007 to 2011, young people are questioned, they maintain that many hundreds of internet crime cases were subject the “Kinninssi fetish” helped them get, by any to proceedings by the BEF . At least two or three cas- means, what they wanted from an individual . es per day,” said the commissary Dieudonné Dadjo . Once targeted, the victims give in to their ma- The last unimaginable case perpetrated by the noeuvres under the influence of occult forces “Gay men” in the week starting 20 May was the ab- and diabolical processes, and, bewitched, they duction of an American in Benin . During the press send money via Western Union . At night, the “Gay conference organised by the national police services, men” control the stars through esoteric rites to the American, taken hostage and discovered by the muddle the spirituality of the targeted people and public security forces, has been a victim of the inter- to possess their mind . Now they say how difficult net criminals’ operations . The abductors led him into it is to use fetishes since these are fed with hu- a trap with a view to getting money out of his family . man blood . Fatal accidents on the road and tragic It was the first time such an operation was carried deaths are often caused so the fetish can be fed out in Benin . The technique used by these forgers with human blood . Sometimes, the difficulty in worked well, since the American was kidnapped . But finding human blood for the fetish becomes the they harvested nothing because of the involvement cause of “tragic deaths by accident” among “Gay of US and Beninese secret services . men” themselves .

BENIN / 73 Analysis bodies on the roads and the highways? What do The development of information and communi- they gain with those luxury cars, those villas that cations technologies (ICTs) has facilitated many they finally abandon, lying down in their caskets negative behaviours amongst young people . The and saying goodbye to life? It’s not their fault . It’s globalisation of the economy and resources has the way the world is going . driven the world into a situation where values have Beyond the legislative and regulatory envi- disappeared and been replaced by a world with ronment, developing countries such as Benin jungle law: “The strongest will always dominate don’t have effective means to fight against this the weakest .” This system perpetuates and gen- phenomenon . The efforts that are made are just erates frustrations among young people . “We are proportional to the existing means . Yet, according going to get our revenge on those colonisers who to the saying, “desperate times call for desper- have been treating us roughly for centuries .” This ate measures .” The public powers, which drain message is strong, and supports the aim that the public savings, should develop mechanisms and “Gay men” have given themselves – even though strategies to bring an end to internet crime . The the irony that many of their victims are Africans maintenance of a good business climate in Benin escapes them . among traders is at least some guarantee for the The economic crisis and the impoverishment safety of online activities and, above all, for a good of Southern countries have facilitated the rise of brand image of the country at the international juvenile delinquency . In Benin, the indicators are level . critical . The socioeconomic environment is charac- terised by a weak human development level with a Conclusion Human Development Index score of 0 .42% . Benin We have explained the problem . As far as we are is ranked 158th out of 173 developing countries; concerned, our role is not to moralise . Our role is 67% of the rural population and 55% of the urban to sensitise users so that they can become aware of population is considered as poor and vulnerable the phenomenon that is internet crime . to poverty . The illiteracy rate is estimated at 67 .4% The youth have to take charge of themselves in overall, and 78 1%. for women . another way, taking up the challenges they are fac- The state is resigned . Society, being an ac- ing . And the state has the obligation to accompany cessory, is also resigned and powerless . Before, the education of these young people by offering in the socio-cultural communities, when a child them suitable environments for their growth – be- stole something, other parents or members of the cause no one is wicked voluntarily . Beninese youth community could inflict a punishment before his have to draw from the country’s psychological, emo- parents came . Why? Because by doing this, the tional, mental and spiritual resources to find the child made his family ashamed, and even the whole right answers to their concerns . Development is not community . This age is bygone . Today, when you just a word . It’s planning, strategy – it’s work . misappropriate millions or billions, you are congrat- ulated, applauded . All this is followed by the resignation of par- Action steps ents facing the education of their children . This We recommend the following: incompetence sustained by the complicity of the At the state level parents has facilitated delinquency, corruption, theft and internet crime . The society has no values • The state has to improve the legislative and apart from those created by the youth . Obviously, regulatory environment that fights against the politicians and businessmen have shown their corruption, internet crime and other similar weaknesses, and the internet criminals resemble infringements . them . The politician misappropriates billions of CFA • The authorities have to help disband the in- francs . The investigation committees that are cre- ternet criminals in the cyber cafés through ated are nothing else but farces to legitimise the persuasion and dissuasion . impunity . The youth, without any solid landmarks, • The Beninese state has to create a suitable face the damaging of human values, and give environment by protecting its citizens against themselves other chances to survive thanks to the internet abuses . business on the internet . Business! Oh yes!! And they are busy with it, those abandoned children . • The state has to sign bilateral and multilateral What do they actually gain with the sorcery, with partnerships with other states to develop cross- the “Kinninssi” fetish, if they must die with lifeless border policies on internet crime .

74 / Global Information Society Watch At the level of parents At the level of children • Parents have to assume their parental duties to • Children have to understand that they are the educate their children . future of the nation and they have to work to • They have to be more engaged in their children’s take up the challenges that are waiting for lives, and informed about their activities . them, including corruption and unemployment . • Some parents have to stop desecrating cultural • They have to work at school so as to be role heritage . This is necessary for the growing soci- models for society . ety to be a society of justice that respects values • ICTs facilitate communication, and so, life . They and contributes to the development of the hu- have to draw from these tools all the applica- man being . tions that can guarantee them their financial

independence and their future . n

BENIN / 75 Bolivia Access to information in Bolivia: Lessons learned in policy making

fighting corruption, particularly the Inter-American REDES Foundation J . Eduardo Rojas Convention Against Corruption of 2007 . The third www .fundacionredes .org framework encompasses agreements and respon- sibilities in terms of e‑government, including the commitments adopted at the Geneva 2003 World Summit on the Information Society (WSIS), which Introduction proposed the vision of the information society The new constitution of Bolivia approved in 2009 driven by the member states, and the Tunisia 2005 promotes access to information, transparency in WSIS follow-up, which proposed a series of mech- governance and the strengthening of citizen partici- anisms to bridge the digital divide and promote pation in the monitoring of the state administration . internet governance, with e‑government as one of These require administrative planning processes its priorities . with multi-sectoral actors, as well as public consen- At the regional level, the states of Latin America sus . Since 2010 REDES Foundation, in alliance with and the Caribbean (LAC) address strategic aspects the Agency for the Development of the Information related to the adoption of information and commu- Society (ADSIB), a state institution, have promoted nications technologies (ICTs) in the public sector in the development of public policies in the field . the Bavaro Declaration 1. The Santo Domingo Dec- This experience shows that public policies re- laration2 deals with modernisation through the lated to access to information and transparency implementation of e‑government strategies that require certain abilities, namely: a trans-disciplinary include citizen participation . The Ibero-American approach to information and knowledge manage- Charter on E‑Government3 ratifies state reforms, ment; the development of expertise in disciplines and recognises the citizens’ right to interact elec- such as communications, information technology tronically with the public administration . It also (IT), systems analysis, statistics, and archival man- recognises the state’s irreplaceable role regarding agement, as well as the development of sustainable electronic service delivery, suggesting the general public-private models that provide free services, conditions for e‑government development . Finally, training and interplay . the eLAC 2015 Plan, administered by the Technical Public policies on access to information should Secretariat of the Economic Commission for Latin align with the real-world context that determines America and the Caribbean (ECLAC), deals with the access to technology, which in the case of Bolivia obligations of the state when it comes to the con- implies three action areas: improving the level of struction of the information and knowledge society internet penetration; increasing the use of tech- in Latin America . nologies for development; and taking advantage of In general terms, the above frameworks are the high penetration of mobile technologies, creat- not consistently applied when it comes to the ing public-private business models that allow free transparency of and access to public information access to information . in Latin America, and Bolivia is no exception . This creates different approaches amongst different International policy for access government actors . For example, the Ministry for to information in Latin America Transparency and the Fight Against Corruption pri- The Latin American framework for the promotion of oritises the international approach that privileges access to information consists of three parts . The the battle against corruption; the ADSIB prioritises first is related to the right to information, andin- the e‑governance framework; while REDES Foun- cludes the Universal Declaration of Human Rights dation promotes the use of the three international and the American Convention on Human Rights . Both lay the foundation for the right to information 1 www .cepal .org/prensa/noticias/noticias/9/11719/Bavarofinalesp . and guarantees for freedom of expression . The sec- pdf 2 www .clad .org/documentos/declaraciones/declaracion-de-santo- ond framework corresponds to the commitments domingo that the American states have adopted in terms of 3 www .clad .org/documentos/declaraciones/cartagobelec pdf/view.

76 / Global Information Society Watch normative frameworks for the design of access to the support of UNESCO and the participation of information public policies . the Plurinational Council on Information and Com- munications Technologies (COPLUTIC); this council Executive and legislative initiatives comprises the Ministry of Public Works represented on access to public information by the Vice-Ministry of Telecommunications, Serv- In mid-2012 two public policies on transparency ices and Housing, the Ministry of Communications, were launched, as well as two legislative initiatives and ADSIB . The following are some of the lessons that would contribute to building a favourable politi- learned: cal environment for e‑government and a transparent • Multidimensional theoretical-methodological public administration . These processes are under- proposal It is essential to build an approach going their first stages of implementation . In 2006, that allows combining the right to information, through the executive, the Ministry for Transpar- transparency and e‑government . ency and the Fight Against Corruption implemented the National Policy on Transparency, which in turn In our experience, such a proposal should con- enabled some central-level institutions to foster sider the right to information and freedom of public accountability and publish administrative expression as human rights, and as a basis for information on their websites . Simultaneously, in any transparency and access to information ini- 2008, the ADSIB designed the Bolivian Electronic tiative, either public or private . Administration Programme, which aimed to “insti- The right to information will promote transpar- tutionalise the formulation, approval, execution, ency and strengthen democracy through social follow-up and evaluation of the processes of public participation and influence over the govern- services and the improvement in the quality of the ment’s actions . Both processes require the internal processes of government entities, through development of internal and external institu- the implementation of ICTs to promote administra- tional reforms that guarantee progress in the tive transparency and deepen social participation implementation of an e‑government framework in the public administration .” The programme only in Bolivia . includes ministries and vice-ministries . The multidimensional approach to the right to In 2009 the Plurinational Legislative Assembly information allows us to view it from different approved the new Constitution of Bolivia, in which perspectives, disciplines and actors . Further- Articles 106 and 107 recognise the right to infor- more, it focuses on a deeper social participation mation and communication; Article 20 establishes rather than simply adopting ICTs in govern- that telecommunications are a basic service; and ance . It recognises the cross-cutting nature of Article 26 .1 .5 establishes the right to participa- the process, since it affects the actions taken tion . However, all the aforementioned provisions at regional, national, departmental, municipal, still require the development of specific laws and community and private levels . Finally, it implies regulations – even now in mid-2012 . Furthermore, methodological learning in terms of the way Article 75 of the ICT and Telecommunications Law that internal and external institutional reforms approved between 2010 and 2012 establishes that need to be set up in the short, medium and long it is mandatory to set up e‑government in all public term . institutions, thereby creating new responsibilities for the government and obliging the vice-ministry • Fragmented initiatives among government of telecommunications to develop specific regula- actors One of the main barriers hindering the tions, which they are currently still in the process institutionalisation of the right to information in of doing . Bolivia is the fragmented approach of the pub- lic sector . As stated before, some actors prefer Lessons learned on the design of public to approach the problem through the lens of policies on access to information their own agenda: some would choose the fight REDES Foundation together with ADSIB has against corruption, some the application of ICTs participated in the formulation of the Bolivian Elec- in the public sector, and others would focus on tronic Administration Programme, and had a direct the establishment of the right to information as involvement in the design and approval of the ICT a basis for democracy . It has been noted that and Telecommunications Law in Bolivia . Currently, there are no approaches that articulate these REDES is also responsible for the design of the mu- three visions (information, transparency and nicipal government e‑government standards, with e‑government) in a multidimensional approach, which is what REDES is aiming for .

bolivia / 77 Figure 1 E-government model for access to information

PUBLIC ADMINISTRATION TRANSFORMATION

Services

Capacities

Infrastructure

Sustainability

Legislation External Processes DEMOCRACY: SOCIAL PARTICIPATION

GOVERNMENT LEADERSHIP (Multisector Commitee E-GovTechnic Unit) Legislation Sustainability Infrastructure Capacities Services

Right to Information Art. 106 Bolivian Constitution National Policy of Transparency (Ministry of Transparency) Electronic Administration Program (PAE)-ADSIB

• Participation of non-governmental actors The During the Information For All Project, financed design of public policies for access to informa- by UNESCO, REDES Foundation proposed the tion requires overcoming a lack of methodology model illustrated in Figure 1, which defines related to the effective involvement of actors three main activities in order to develop a suc- from the private sector, academia and civil soci- cessful e‑government strategy: 1) start with ety . In the majority of cases, the design of such government leadership, 2) define actions ori- policies includes the consultation of some “spe- ented towards transformation, and 3) focus on cialised” actors that do not always represent the modernisation of public management . the interests of the population, which is why it is important to broaden consultation . Each area is complemented by five concrete actions that include the development of: • An e-government model for access to in- formation The operational level requires • Legislation to guarantee that the transforma- the implementation of internal and external tions are legally backed in the long term . reforms in public institutions in order to ef- • Sustainability to guarantee that the implementa- fectively enforce the right to information . tion of e‑government becomes institutionalised,

78 / Global Information Society Watch that it forms part of the governmental culture, The design and implementation of public reforms and becomes an essential practice in the dy- in terms of access to information by entities with no namic between local government and citizens . decision-making capacity also constitutes one of the • Infrastructure to guarantee the acquisition and main barriers that hinders the uniform establishment maintenance of appropriate technology to over- of the right to information as a daily practice in the come the digital divide . public administration and amongst the citizenry . Such initiatives become partial, and have a short reach and • Technical capacity to ensure that officials as limited impact for small groups of the population . well as citizens learn to use and control the It is imperative to build a national legal frame- technology and information in order to promote work that includes international standards and development . effectively integrates the right to information, the • Online services to facilitate the simplification fight against corruption and e‑government . of procedures, administrative transparency, ac- It is important to promote the participation of cess to information, democratic participation civil society throughout the process of develop- and an improved and modern interrelation be- ing and implementing public policies on access to tween the government and its citizens . information . An effective and comprehensive e‑government Conclusions model should consider the development of in- Latin America has a short history of public policy ternal and external reforms in at least five fields: implementation in terms of access to information as legislation, sustainability, infrastructure, technical a human right . There are three tendencies in terms capacities and online services . of international instruments: 1) initiatives that privi- lege the fight against corruption with preventive Action steps and punitive measures; 2) initiatives centred on the • It is necessary to encourage a public culture that adoption of ICTs in public administration or e‑gov- insists on the right to information, and which ernance; and 3) initiatives that focus their efforts helps create a basis for citizen participation in on the establishment of the human right to ICTs as and influence over the public administration . a basis for modernising the public administration, including internal and external processes . • It is important to create a public culture that One of the most important methodological chal- includes the protection of private and personal lenges to promote access to public information in information . this region is combining the international instru- • Free access to information, low-cost solutions ments of 1) the fight against corruption and the and the use of mobile technologies need to be promotion of transparency, 2) e‑government and 3) emphasised in the development of information the right to information as a human right . initiatives . n

bolivia / 79 BraZil Where does the money go? The challenge of transparency in state spending

The Transparency Law obliges all Brazilian GPoPAI Gisele Craveiro public entities (executive, judiciary and legislative www .gpopai .usp .br bodies at the federal, state and municipality levels, as well as in the federal district) to publish detailed budget data online in real time, and defined the fol- Introduction lowing deadlines for compliance: Accessing public financial information is essential • Federal government, states and municipalities for transparency in government actions in order with more than 100,000 inhabitants: May 2010 to increase confidence in the state and account- • Municipalities with between 50,000 and ability . According to the Organisation for Economic 100,000 inhabitants: May 2011 Co-operation and Development (OECD),1 “Access to information, consultation and active participation • Municipalities with up to 50,000 inhabitants: in policy-making contributes to good governance May 2013 . by fostering greater transparency in policy-making So, since 2009, many financial and budgetary [and] more accountability .” governmental websites have been launched; but, The use of information and communications unfortunately, the information provided has not technologies (ICTs) for the publication of informa- reflected an ideal level of detail and many other tion on public finance on websites can be observed difficulties also prevent citizen oversight . There in many countries since the early 2000s .2 Usually, is a lack of standardisation and it is very hard (or these portals publish budget laws, definitions and even impossible in some cases) to make compari- other technical supporting documents for the inter- sons and track spending among different levels of pretation of published financial data . It is important organisations, as two studies show .6 This also high- to note that the websites have different refresh lights cases that illustrate problems in budgetary rates for information about income and expenses . disclosure . The level of detail, formats used and quality of ac- counting information are also very heterogeneous, The “Para onde foi o meu dinheiro?” project usually corresponding to the government’s commit- As the information about revenues and expenses 3 ment to transparency . on federal financial and budgetary websites is In Brazil, Complementary Law 101/2000 (Fiscal published in such a way that makes it difficult to 4 Responsibility Law) is the federal legislation that visualise governmental expenses, a hacker group provides budget transparency and was enhanced called São Paulo Perl Mongers has started the “Para 5 by Complementary Law 131/2009, also known as onde foi o meu dinheiro?”7 project, a Brazilian ver- the “Transparency Law” . It establishes penalties for sion of the “Where does my money go?” initiative 8. state institutions which do not make detailed and Information about public expenses was dis- up-to-date budgetary information available to citi- played in a more convenient way for citizens through zens on the internet . graphical visualisation, and the project rapidly at- tracted attention from civil society organisations and the media . The first impact was that the visu- 1 OECD (2001) Citizens as Partners: Information, Consultation and alisation generated from data provided by official Public Participation in Policy-Making, OECD, Paris . sources showed that around 80% of the Brazilian 2 World Bank (2004) Making Services Work for the Poor: World Development Report 2004, World Bank, Washington D .C . federal government budget, or one trillion Brazilian 3 Solana, M . (2004) Transparency Portals: Delivering public financial reais (USD 500 billion), was spent in the “Diversos” information to citizens in Latin America, in Thinking Out Loud V: Innovative Case Studies on Participatory Instruments . www wo. rldbank . org/socialaccountability_sourcebook/Regional%20database/ 6 Craveiro, G . S ,. Santana, M . T . and Albuquerque, J . P . (2012) Assessing Case%20studies/Latin%20America%20&%20Caribbean/TOL-V pd. f Open Government Budgetary Data in Brazil, submitted . Also see: INESC 4 Government of Brazil (2000) Lei Complementar Nº 101 . www . (2011) Budget Transparency in Brazilian Capitals. internationalbudget . planalto .gov .br/ccivil_03/leis/LCP/Lcp101 .htm org/wp-content/uploads/Budget-Transparency-in-Brazilian-Capitals pd. f 5 Government of Brazil (2009) Lei Complementar Nº 131 . www . 7 www par. aondefoiomeudinheiro .com .br planalto .gov .br/ccivil_03/leis/lcp/lcp131 .htm 8 wheredoesmymoneygo .org

80 / Global Information Society Watch (“Various”) category of expenses,9 which has no le- This ongoing partnership with Rede Nossa São gal definition 10. Paulo will give valuable information on how access to The Brazilian federal government at first reacted budget information affects the relationship between by denying any kind of problems with the budget or civil society and public administrators at the munici- its disclosure, but after a while changes were made pal level . Better access to budgetary information can to the data put on its website . As a result, “Para influence the construction of policy agendas within onde foi o meu dinheiro?” had to discontinue its social organisations . federal budget visualisation work, as some informa- One of the first findings is that, despite the detailed tion was lacking from data published on the official expenses data disclosed by the São Paulo municipal federal website . The only graphics that “Para onde government, some aggregation that prevents public foi o meu dinheiro?” show now are the 2010, 2011 oversight was found . In the 2011 São Paulo budget, for and 2012 São Paulo state budget visualisation 11. example, many well-described enacted actions, such When asked about the release of complete infor- as “Sister Annette School construction in the Ermelino mation, the federal government (namely, the Office of District”, had no money allocated to them . On the oth- the Comptroller General of Brazil) replied that the data er hand, there are many expenditure items described for web publishing was being reformatted according poorly, such as “22 schools construction”, which were to a “Restructuring the Transparency Portal” commit- allocated or settled . This is neither transparent nor ac- ment . But it is important to note that this commitment countable practice . was signed in the context of the Open Government Partnership (OGP) and the corresponding Brazil Action 2013 – a worrying scenario Plan, which set an initial deadline of September 2012,12 The previous projects rely on budgetary and spending which was then moved to September 201313 and, re- data in order to provide citizens with the tools to exer- cently, “the deadline was updated to December 2013 ”. 14 cise public oversight . As mentioned, the level of detail is unfortunately not high enough, and it is getting The “Cuidando do Meu Bairro” project worse for 2013 . Important changes in the disclosure The “Cuidando do Meu Bairro” (Taking Care of My of federal budgets will make it impossible to track in- Neighbourhood) project,15 run by GPoPAI, aims to dividual governmental actions . provide a tool for citizen engagement and to provide As soon as two civil society organisations, Cfemea17 oversight of specific expenditures on the city’s public and Inesc,18 became aware of the changes that were facilities . To achieve this, City of São Paulo expenses being made by government without any publicity or are geolocated and displayed on a map, allowing any- consultation with civil society or even the parliament, one interested to make links to her/his everyday life . they alerted activists . As a result, over 90 movements The tool is available on the web and has received and organisations have signed a letter19 denouncing the attention of a very important network in São Paulo, the changes and demanding the democratisation of “Rede Nossa São Paulo”16 (Our São Paulo Network), the budgeting process . Following from this mobilisa- which comprises more than 600 civil society organisa- tion, a dialogue among civil society organisations, the tions working in areas as diverse as education, health, government and the rapporteur of the Budget Guide- housing, environment, security and leisure . lines Law for 2013 was started, mediated by the Joint Budget Committee president . What will happen now is that each ministry will 9 Loenert, L . (2011) Afinal, para onde foi o meu dinheiro?,Webinsider , 13 May . webinsider uo. l co. m br. /2011/05/13/afinal-para-onde-foi-o- detail its budget according to a new instrument called meu-dinheiro the “Budget Plan” . Unfortunately, this will be an in- 10 Federal Budget Office (2012) Manual Técnico do Orcamento . www . ternal exercise, and the plans will not be published portalsof .planejamento .gov .br/bib/MTO 11 www .paraondefoiomeudinheiro .com .br broadly, prejudicing transparency and better condi- 12 Government of Brazil (2011) Brazil Action Plan for the Open tions for social control over public spending . Without Government Partnership (first release), p . 15 . access to the budget plans, the Brazilian parliament, www ac. essoainformacao go. v br. /acessoainformacaogov/acesso- informacao-mundo/governo-aberto/ogp-brazil-actionplan pd. f which reviews the budget proposals for 2013, will 13 Government of Brazil (2012) Brazil Action Plan for the have no knowledge about how resources will be spent Open Government Partnership (second release) . www . on some governmental actions, as many of them have opengovpartnership .org/sites/www .opengovpartnership .org/ files/country_action_plans/BR-PlanoDeAcao-ActionPlan .doc been aggregated . This hinders parliamentarians and 14 Office of the Comptroller General of Brazil (2012)B alanço do Plano de Ação do Brasil na Parceria para Governo Aberto. www cg. u go. v br. / 17 www cfemea. .org .br PrevencaodaCorrupcao/CompromissosInternacionais/ogp/documentos/ 18 www inesc. or. g br. arquivos/Balanco-Plano-Acao-Brasil-OGP-outubro2012 pd. f 19 www inesc. or. g br/noticias/noticias-do-inesc/201. 2/julho/junho/ 15 www .gpopai .usp .br/cuidando carta-aberta-ao-governo-federal-e-ao-congresso-nacional-pela- 16 www .nossasaopaulo .org .br democratizacao-e-transparencia-do-orcamento-publico/view

BRAZIL / 81 the participation of civil society organisations in the HIV/AIDS were grouped into major budget actions, debate on the budget bill and its execution . such as the promotion of “pharmaceutical care” . After the mobilisation, it became apparent that the As a result, neither civil society organisations nor government was resistant to adopting the measures parliamentarians know what resources the federal suggested by the parliament to ensure transparency government intends to allocate for the purchase of and respect for society’s right to know exactly how antiretroviral drugs for people with HIV/AIDS . There public resources are spent . is no information available to the Joint Congressional The reasons for the veto against sharing the budg- Budget Committee, and civil society cannot discuss and et plans were explained in this way: “The Budget Plan debate about whether the resources proposed by the is a management tool, optional, and is intended to government for this purpose will be sufficient or not . allow both budgeting and the monitoring of financial execution at a more detailed level ”. Brazilian civil so- Conclusion ciety demands were not accepted by the government Two of the most innovative web tools in Brazil that because they would “broaden the goals of the Budget aim to give better resources to citizens to help them Plan [and make it unenforceable] ”. With such a deci- understand public spending suffer from the poor sion there is no guarantee that details of government quality of data disclosed on official budget websites . actions will be available for public access . Unfortunately, the lack of detailed data and poor The government’s refusal could be seen in the 2013 standardisation limit and sometimes prevent public Draft Budget Bill published on the Planning Ministry’s oversight, and consequently weaken the fight against website . It shows that none of the demands made corruption . by social movements and organisations have been Brazilian civil society is very worried because this considered . The number of government actions with scenario could worsen .The measures adopted in struc- explanatory details has been reduced . Descriptions turing the public budget have been compared to the of umbrella actions hide other actions that were previ- ones used during the period of the Brazilian dictator- ously described, and there is no matrix to make links ship 20. This is a tremendous setback for a government between what has changed and what has remained that just passed an advanced Access to Information the same . This will certainly prevent further analysis Act and which was the former Open Government Part- that has been done for years by various organisations nership co-chair . Moreover, it is inconsistent with the and movements . This will sacrifice transparency of discourse that social participation is a good method public spending and social control . of government . There are several examples that demonstrate how changes have made the budget less transparent, less Action steps participatory and less democratic . These weaken dis- Given the context of the above discussion, the advo- cussions in parliament and raise difficulties for public cacy focus areas for civil society appear clear: monitoring and participation . • Push for effective standards of quality in public Two initiatives in the Budget Act of 2012 which budgeting and disclosure of spending . would have provided technical assistance and rural extension for diverse groups were combined in the • Publicly question the Brazilian government, both budget proposal for 2013 . at the national and international levels, about Before the change it was possible to identify spe- transparency, accountability and social participa- cific actions for different groups, including indigenous tion in its budgeting process; and, consequently, peoples, family farmers, Quilombo (Afro-Brazilian) about how effective the fight against corruption communities, and rural women . can be given the current process . These groups have organised social movements • Evaluate the first Brazil Action Plan according to and campaigns, agitating for their rights through al- Open Government Partnership commitments . locations in public spending . With the changes, this political action will be frustrated . • Demand that the government meet its fiscal trans- Another example that demonstrates the lack of parency commitments in the second Brazil Action transparency in the current budget proposal is related Plan for the Open Government Partnership . n to the policy for prevention and control of HIV/AIDS . This policy is internationally recognised for the active 20 Cabral, G . (2012) Chega de conversa fiada: Governo Dilma participation of civil society in its formulation and mon- inviabiliza o controle social das políticas públicas, Universidade itoring . In the Budget Act of 2012, there are only three Libre Feminista, 24 October . www fe. minismo or. g br. /livre/index . php?option=com_content&view=article&id=99994584:chega-de- specific budget actions, and in the budget proposal conversa-fiada-governo-dilma-inviabiliza-o-controle-social-das- for 2013, all three policy actions directed at combating politicas-publicas&catid=109:atencao

82 / Global Information Society Watch Bulgaria The case of direct participation in law enforcement by the Smoke-free Bulgaria citizens’ initiative

cumbersome health and sanitary requirements upon BlueLink.net Pavel Antonov businesses and citizens alike . Bribes and little “fa- www bluelink. net. vours” are common: 52% of Bulgarians – or just about every second one – are convinced that health, food and sanitary inspectors take bribes and abuse their Introduction positions for personal gain 3. Enforcement is the usual Achilles’ heel of almost any In 2011, Bulgaria was the country with the worst legislation passed in Bulgaria over the past two dec- score on Transparency International’s Corruption Per- 4 ades . This is why when the post-socialist country’s ceptions Index in the EU . In these circumstances of Prime Minister Boyko Borissov said in 2010 that a almost endemic corruption across the state appara- complete legislative ban on tobacco smoking in public tuses, the idea of getting citizens voluntarily involved could never be enforced in Bulgaria, few questioned in day-to-day tobacco smoking control was an op- his judgment . A former police general and security portunity to introduce greater transparency and civil guard, Borissov possesses solid experience with law society oversight of the murky state enforcement prac- enforcement (or the lack of it), so an existing legisla- tices . It would give a well-needed boost to Borissov’s tive ban on smoking in public was quickly scrapped by self-proclaimed government quest against corruption . a majority of members of parliament (MPs), some of That is, if anyone wanted it to! whom held stakes in tobacco trade companies . Citizen voluntary enforcement But to their surprise, there were those few who disagreed and demanded that the non-smoking ban The original reaction was discouraging .Tobacco indus- should be restored and implemented . A little-known try front groups, public figures, MPs and journalists group of citizens, named BezDim (from “Smoke-free proclaimed public participation in law enforcement Bulgaria”), offered to personally and actively partici- a crazy idea, ridiculed it and compared it to the otry‑ pate in the law’s enforcement . To get their messages adnitsi – the members of voluntary law enforcement through, the ban’s supporters pooled their time and brigades that had existed during the times of state money and held creative rallies in Sofia . Their group socialism . The first state administration doors to open used ordinary email, Facebook, Twitter and a Word- were at the Public Health Prevention Department of Press-powered blog1 to communicate to the public the Health Ministry, whose head, Masha Gavrailova, and the media . But their ambition to participate in the had been the engine behind tobacco-control legisla- actual implementation of the law required even more tion for decades . The sudden appearance of active and sophisticated IT tools . motivated citizens willing to get involved in the ban’s enforcement was appreciated by Gavrailova and her Policy and political background committed team member Vilia Velikova . The two ar- To perceive the magnitude of BezDim’s proposal for ranged for citizens and the heads of RIOKOZ to meet direct participation in law enforcement, one needs for the first time in early 2011 . to know that respect for the rule of law is historically But trust was not easy to build . A partial smoking weak in Bulgaria . The control of tobacco smoking in ban had been enacted by Parliament and by the be- particular is performed by Regional Health Inspector- ginning of 2011 the members of BezDim were getting ates (RIOKOZ) which are part of the Ministry of Health . anxious to see it enforced, bombarding the inspec- On the ministry’s own anti-corruption webpage the torates with reports of violations . Yet enforcement RIOKOZ are listed among the executive state agen- remained weak, according to a report by BezDim’s cies where corruption is “most frequently found ”. 2 A members, released to the media in February 2011 . The cohort of about 600 state inspectors make their liv- group pointed at the inefficiencies of the partial ban ing as gatekeepers of the law, enforcing the state’s 3 Eurobarometer (2012) Corruption: Report, p . 53 . ec eur. opa eu/. 1 www .bezdim .org public_opinion/archives/ebs/ebs_374_en .pdf 2 Ministry of Health (2009) Anti-corruption, Conflict of Interest, 4 EurActive .com (2011) Corruption creeping up in Bulgaria, Greece, Investigation of Alerts (in Bulgarian) . www mh. go. vernment bg. /Articles . Romania: TI . www .euractiv com/justice/corruption-cr. eeping- aspx?lang=bg-BG&pageid=426&categoryid=879&home=true bulgaria-greece-romania-ti-news-509380

BULGARIA / 83 and demanded decisive action by the state for its en- effect on the previously informal and very dynamic forcement and for the restoring of the complete ban 5. voluntary spirit of BezDim . Luckily the initiative was Their observations also revealed specific cases of cor- able to carefully manage the transformation and cau- ruption among state inspectors . tiously maintain its existing voluntary action spirit and Facebook and email had been the primary commu- mechanisms . nication environments of the citizens’ initiative since its very start, but BezDim members had also been proac- Winds of policy change tive and creative in securing traditional mass media Things were changing on the government’s side too . channels to communicate their messages so that they Upon retirement from the administration, Gavrailova could reach and influence political decision makers . In joined BezDim’s project team as a senior policy expert . an attempt to boost its outreach and capacity, BezDim Her reputation and media popularity as a former top had in 2010 already initiated a Smoke-free Life Coali- ministry official in charge of tobacco control helped tion of existing groups, NGOs and any other interested open new doors in the corridors of state power . In the organisations . Among the coalition’s members were meantime a legislative proposal for reinstating the experienced medical and public health advocates, as complete ban was filed by the country’s Health Min- well as BlueLink ne. t – a networking support provider ister Peter Konstantinov in December 2011 . This time for environmental NGOs and individual activists, and Prime Minister Borissov seemed to be willing to try en- APC’s member in Bulgaria . forcing a smoking ban, and he cut back the influence of tobacco industry lobbyists within his own ranks . Ushahidi’s ways in Bulgaria EU Health Commissioner John Dalli demonstrated BlueLink net. took up the task of designing a web his support for the ban during a visit to Bulgaria and platform enabling voluntary participation in the symbolically invited BezDim representatives to a enforcement of tobacco control . After a careful assess- smoke-free lunch . A cornerstone ruling by the coun- ment of BezDim’s needs and based on its previous try’s Supreme Administrative Court earlier in 2011 had experience with online platforms for filing citizens’ declared smoking an “unhealthy habit”, rather than a complaints against illegal logging6 and urban envi- human right, and confirmed that banning it was part ronment problems,7 BlueLink net. opted for a solution of Bulgaria’s obligations to the World Health Organiza- based on Ushahidi . “Ushahidi’s concept of ‘activist tion’s Framework Convention on Tobacco Control and mapping’ is most suitable for BezDim’s purpose, as to EU law 8. it combines social activism, citizen journalism and Bulgaria’s Chief State Health Inspector Angel geospatial information,” explained Antonia Vlaykova, Kountchev, a medical doctor and non-smoker, sup- an IT coordinator at BlueLink ne. t . Based on Ushahidi, ported the ideas for government-citizen cooperation the BezDim platform should enable active citizens to in law enforcement and announced it to all state report smoking ban violations, using mobile phones health inspectors at their national meeting . He invited or the internet . The system will also create a temporal citizens’ feedback on the performance of state inspec- and geospatial archive of all reported incidents, and tors . BezDim’s web platform made it possible for users the way in which the authorities reacted to them . An- to conceal their identity from the authorities, protect- other purpose of the platform is to enable contact and ing them from possible repercussions by restaurant communication among citizen volunteers and BezDim owners or smokers . These options seemed very ap- members across the country, Vlaykova explained . propriate because of the popular suspicion that some The platform’s design was made possible by a inspectors were in permanent “friendly” contact with grant administered by the International Union Against violators and would actually leak a plaintiff’s iden- Tuberculosis and Lung Disease, one of the granting tity to them – a possibility that would discourage agencies in Europe of US-based Bloomberg Philan- many, particularly in smaller communities, from filing thropies . Bloomberg’s funding made possible the complaints . hiring of a professional campaigning and analytical Many chose to file violation alerts using the team . It positioned the developments in Bulgaria on web-based form at www be. zdim or. g, knowing that a the global anti-smoking movement’s map and enabled project team member would duly submit them to the a useful exchange of expertise and know-how . But necessary inspectorate, and a formal answer would the influx of donor money had a somewhat chilling be received in due course . BezDim seemed more trustworthy as a channel of communication with 5 BezDim (2011) Our demands: restoring of the ban and law enforcement (in Bulgarian) . bezdim .org/blog/2011/02/11/nashite- 8 Antonov, P . (2011) SAC: The ban in Kyustendil – legal; its iskaniya cancellation by the state – a violation of EU law, Dnevnik, 30 May 6 www spasigor. ata .net (in Bulgarian) . www dnevnik. .bg/bulgaria/2011/05/30/1097731_ 7 urbanotopia .bluelink .net vas_zabranata_v_kjustendil_-_zakonna_otmianata_i_ot

84 / Global Information Society Watch authorities than their own existing phone lines and also of great – possibly greater – importance for so- email addresses . About 30 alerts had been received ciety . In effect, through the electronic platform and and filed during its beta trial period, before it was the related web-based communication tools, the anti- even announced to the general public in March 2012 . smoking activists have successfully offered to their BezDim’s project team examined them carefully as a fellow citizens a powerful avenue for direct participa- case study, in order to analyse the performance and tion in an area traditionally reserved for the state and effectiveness of the new web-mediated channel for its authorities, such as law enforcement . Such partici- communication between citizens and authorities . The pation strengthens the performance of institutions by findings, as well as a list of repeated violations that enhancing the self-healing powers of the administra- had been reported, were submitted to Kountchev . tion and offering public support to honest officials A partnership that had seemed impossible started working to decrease corruption and enforce laws . Not working . least, internet-based IT tools such as BezDim’s smok- ing alerts platform have a multiplying effect upon Conclusion civil society’s participation and power to bring posi- The case discussed shows how active citizens in tive change and curb bad governance and corruption . Bulgaria have used an open source internet solution Such potential is equally important for the so-called strategically to achieve direct participation in the en- developed industrial societies of the West, the post- forcement of a complete ban on tobacco smoking . socialist countries of Eastern Central Europe, and for Citizens have also used the web to keep their core all societies across the world that seek to develop de- group operational, coordinate and take immediate ac- mocracy, civil society and the rule of law . tion, reach the mass media, and participate in decision making . Further, they have used available social net- Action steps working and networking platforms to communicate The story of BezDim suggests the following action their messages and boost support and participation . steps for ICT activists: These include both commercially available options, • Cultivate and maintain a voluntary spirit: open such as Facebook, Twitter and YouTube, and non- and well-intentioned exchange of opinion, pooling commercial options, such as the activists’ social of resources, and solidarity in the distribution of networking site of BlueLink ne. t . Using these plat- tasks make a civil initiative sustainable and attrac- forms to expose incidents of lack of enforcement and tive to more people . violations of the law, the activists in fact perform civil society oversight on the functioning of state enforce- • Beware of the effects of donor funding: apart from ment bodies with a high corruption potential – such as providing useful resources, it may easily kill a the regional health inspectorates . community’s spirit . The latter function is made possible by an easy-to- • Create trust and make allies with people from the use online form for filing citizens’ reports of violations, administration; use and help them to enhance which are then processed and passed to the authori- transparency and public participation, and to ac- ties . The identity of the original senders is concealed complish your goals . in most cases, in order to guarantee their safety and • Step up public intolerance to corruption by persist- trust . The described mechanism affects corruption ently revealing and shaming corruption publicly both directly and indirectly . Its direct impact is exer- – in person, online and in the media . cised by: • Make your group an exemplary showcase of trans- • Optimising the performance and resources spent parency and anti-corruption practice . by enforcement authorities by directing them straight to observed incidents of legal violations . • Look out for a broader “coalition” of allies who would back your cause and provide expertise and • Bringing in more transparency and civil society resources, and bring transparency to your work . oversight of the work of health and sanitary in- spectors in Bulgaria . • Get key decision makers on your side: for exam- ple, the prime minister or an EU commissioner . • Sharing observations directly with their superiors Make it embarrassing – and politically unaccept- at the Health Ministry, who are supposed to curb able – for them to put up with endemic corruption corruption . and industry lobbying . n Summed up, the measures listed above carry great po- tential for directly diminishing corrupt practices . But the indirect impact of BezDim’s online mechanism is

BULGARIA / 85 Cameroon The struggle to turn the tide…

• The Court of Auditors of the Supreme Court gov- PROTEGE QV Sylvie Siyam, Serge Daho and Emmanuel Bikobo erned by Law No . 2003/005 . It is equivalent to a www .protegeqv or. g court of accounts and reviews the accounts of cer- tified public and other practising accountants . • The National Agency for Financial Investigation Introduction (ANIF),1 created by Decree No . 2005/087 of May In 1998 and 1999, the German NGO Transparency 2005, following the regulation aimed at eradicating International, the most cited source in corruption dis- and preventing money laundering in Central Africa . cussions, gave top spot to Cameroon in its ranking • In March 2006, the drive against corruption of the world’s most corrupt countries . That shaming followed the creation of the National Anti-Cor- honour came as a wake-up call to the Cameroonian ruption Commission (NACC),2 which is the last authorities, who then decided to hit the nail on the mechanism to be established and add its voice to head in order to weed out the scourge . the others . It is the main anti-corruption agency In reality, Cameroon did not wait for the in Cameroon and was established by Decree No . Transparency International ranking before taking 2006/088, replacing the National Corruption Ob- resolute steps towards achieving good governance . servatory in May 2007 . From the moment he came to power in 1982, the head of state, Paul Biya, made “rigour” and “morali- Using ICTs to fight sation” his chief battle horses – even if the results have been weak . This led to the government’s will to But how strong are these organs? Do they use infor- fight corruption being questioned . mation and communications technologies (ICTs) to However, more resources have been commit- help fight corruption in Cameroon? How far have they ted by the Cameroonian government in the past few succeeded in turning the tide? In fact, many have years to help curb the problem . been likened to toothless bulldogs, with their spo- radic reports and actions considered as cries in the wilderness . Policy and political background Despite the technological advances available to Government commitment to combating corruption them, the aforementioned entities scarcely use ICT has led to a number of initiatives with several struc- solutions to roll back corruption, apart from the ANIF . tures being created to serve as watchdogs, notably: However, there are a few existing cases that could be • Decree No . 098/273 of October 1998 creating labelled success stories . the ministry in charge of the Supreme State Among the series of concrete actions undertaken Audit . This aimed at winning a threefold battle: thanks to the use of ICTs is the Computer System for In- dealing with the ethical behaviour of managers tegrated Management of State Personnel and Salaries and public bookkeepers; achieving the good (SIGIPES) . It was initiated in June 2000 with the objec- management of public affairs; and the fight tives, amongst others, of setting up an effective filing against corruption . system, fighting against corruption, and eliminating “ghost workers” . It also created a single database for • The National Governance Programme that came the entire government personnel, taking into account, into effect on 31 August 2000 and aims, among in real time, all transactions . other things, to consolidate the rule of law and SIGIPES includes an electronic interface named to fight corruption . AQUARIUM that allows agents and members of the • The National Anti-Corruption Observatory, also public to follow the processing of their applications 3. created in 2000 and intended to educate Cam-

eroonians on the need to stop corruption . 1 www .anif cm. • The anti-corruption cells within ministries cre- 2 www .conac-cameroun net. 3 Ministry of Public Service and Administrative Reform (2002) SIGIPES ated in 2001 by former Prime Minister Mafany & AQUARIUM: More transparent handling of personnel files in Musonge . Cameroon . www eg. ov4dev or. g/Transparency/case/sigipes sh. tml

86 / Global Information Society Watch Before SIGIPES, the processing of applications and developed a mobile phone application called NoBack- the management of internal files was flawed by cor- chich7 (or “no more bribes”) in 2011 by merging mobile ruption, laziness and poor handling of the documents phone technology with email internet applications, (duplicating of already signed documents, the chang- search engines and social networking . NoBackchich ing of names, double salary payments, and so on) . provides consumers with the latest information on the Similarly, in 2007, Cameroon launched a reform cost of public service procedures . The idea is based on of its customs administration which included the the belief that, if public service consumers get accu- transborder Automated System for Customs Data rate information, the number of people offering money (ASYCUDA) . This new system is a useful instrument in exchange for services will significantly drop . Never- in the management of procedures and rules for han- theless, critics worry very few Cameroonians own the dling files for customs clearance 4. Just months after smartphones needed to use the new application 8. its implementation, initial results were encouraging The World Bank defines electronic government as (including lower corruption, higher revenue collec- the use of ICTs “to improve the efficiency, effective- tion and shorter clearance times) . Thanks to the new ness, transparency and accountability of government”9 programme, the use of continually updated data as and argues that “e‑government helps to increase the a means of controlling the quality of services was transparency of decision-making processes by mak- implemented . Inspectors were then aware that their ing information accessible – publishing government superiors were actively checking up on them via the debates and minutes, budgets and expenditure state- computer system . The computerisation of the proce- ments, outcomes and rationales for key decisions, and dures distanced customs officials from users, limiting in some cases, allowing the online tracking of applica- opportunities for corruption . Ever since its implemen- tions on the web by the public and press ”. Cameroon tation, ASYCUDA is helping the state maintain the 27% has complied with that recommendation, but not to of its national revenue generated by the payment of a very great extent . The Presidency of the Republic customs duties 5. of Cameroon has an official website,10 as do all of the Besides this, Cameroonian Minister of Finance country’s 65 ministries . These have useful information Ousmane Mey, alongside the directors general of on laws and decrees, as well as information on cor- some 13 commercial banks in Cameroon,6 signed a ruption and governance . However, public initiatives protocol agreement in April 2012 to facilitate the pay- that provide for online services such as licensing and ment of customs duties . According to the agreement, registration, which would limit encounters with public all those clearing goods at the Douala seaport are officials, have not yet been fully established . In July required to pay customs duties directly to the banks 2009, the National Agency for Information and Com- – making the customs process easier, simpler and less munication Technology (ANTIC) developed a strategy prone to corruption and embezzlement of state funds . for the installation and use of information technolo- For the moment the measure is applied only to bigger gies within government institutions . The aim of the importers and represents only 20% of customs duties strategy is to harmonise practice within the different income . It will be gradually extended to individuals . institutions and modernise and ease public adminis- There are a number of applications, some imple- tration 11. The strategy has not yet been implemented . mented elsewhere, that have the potential to scale However, until now there has been little done in down corruption in Cameroon . terms of making the government’s financial activities Crowdsourcing applications like Kenya’s Usha- accessible to citizens and, in doing so, strengthen- hidi or Nigeria’s Stopthebribes can be used to report ing transparency and accountability efforts online . incidents of bribes . Similar initiatives are springing However, if in some sub-Saharan African countries the up all over Africa . Through such initiatives and global inability to use ICTs effectively to improve public serv- ones like Bribespot and Corruption Tracker, ICTs are ice delivery and increase transparency can be blamed empowering people to take a stance against corrup- on the government’s lack of capacity,12 this is not the tion, according to Transparency International . In the same spirit, a 24-year-old Cameroonian, Hervé Djia, 7 www v. oanews .com 8 Hervé Djia has announced that he is designing a cheaper version . 9 Gronlund, A . (2010) Increasing Transparency and Fighting 4 Momet, M . (2006) La Douane vers un système integré de Corruption through ICT: Empowering People and Communities, dédouanement grâce au SYDONIA, Le Confident, 1 April . www . Spider ICT4D, Stockholm . leconfident .net 10 www pr. c .cm 5 Cantens, T ,. Raballand, G . and Bilangna, S . (2010) Reforming Customs 11 www antic. .cm/ by measuring performances: A Cameroon case study, World Customs 12 We should point out however that digitisation in the country is Journal, 4 (2) . still in its infancy . See Siyam, S ., Daho, S . and Jabouin, E . (2009) 6 Ndouyou Mouliom, J . (2012) Le paiement électronique des Droits Cameroon, in Finlay, A . (ed .) Global Information Society Watch de douanes devient effectif, Cameroon Tribune, 2 April . 2009, APC and Hivos . www .giswatch .org/gisw2009

CAMEROON / 87 case in Cameroon .The Cameroonian government does The different anti-corruption agencies and commis- not publish information about its financial activities sions are not endowed with the adequate funding, and budgets because of the fear of inviting criticism power and mandate to carry out their mission . As an and exposing corrupt behaviour 13. example, the Global Corruption Barometer report Unlike some countries where access is threatened released in December 2007 by Transparency Interna- by governments wary of citizens using new communi- tional highlights Cameroon as the country with the cation tools,14 the Cameroonian government is actively worst results, with 79% of Cameroonians admitting to attempting to increase ICT penetration 15. having paid a bribe for services 18. We therefore strong- Civil society is also playing an active role in curbing ly think that emphasis should be laid on ICT solutions corruption through the use of ICTs . This is the case of to improve transparency and accountability in our Anti-Corruption Cameroon (AC),16 which is conducting country for, as Johan Hellstrom said, the very presence a project based on the view that a lack of knowledge is of computerised applications “decreases corruption not the main obstacle to the fight against corruption . It and secret activities because it leaves footprints and relies on the belief that corruption in Cameroon relies audit trails ”. 19 not so much on the inability to know as on the inabil- ity to act . The project is therefore trying to empower Action steps citizens to actively fight the scourge, creating a tool (a Cameroon’s situation as far as corruption is concerned mobile phone hotline) for the victims of corruption to suggests that ICT activists should adopt the following file court cases against corrupt officials and, in doing strategies: so, to set a precedent, creating deterrence 17. • Work hard to convince citizens that pushing for Conclusion government accountability through the use of ICT tools is as important as any other development Since traditional approaches to improve governance issues . (large-scale national awareness campaigns, sensi- tisation campaigns, a multiplicity of anti-corruption • Advocate for the establishment of an appropriate structures, and so on) have produced rather weak ICT infrastructure in the public and private sector results in curbing corruption in Cameroon, experi- to support the growing demand for ICTs . mentation and the evaluation of new tools to enhance • Advocate for the development of an empowered accountability should be an integral part in the quest agency to fully appropriate and lead the expan- for improving the fight against corruption . sion of e‑government in Cameroon in terms of Promising cases do exist, such as SIGIPES or ASY- policy dialogue, the development of policies and CUDA, and more recently the “NoBackchich” mobile strategies, and resource mobilisation . application, which is unfortunately yet to be fully • Make public one or many free mobile number implemented . services available for citizens to report acts of cor- Praiseworthy entities have been conceived and ruption via short message service (SMS) . put in place in Cameroon to weed out corruption . Nev- ertheless, little has changed in any tangible manner . • Advocate for e‑government . When a country implements e‑government programmes there follows a considerable reduction in corruption . 13 However, the government accepted the conditions of the Corruption often occurs because users interact Extractive Industries Transparency Initiative (ETTI) in March 2005, with officials on a regular basis, to pay taxes, ap- thus making oil profits a matter of public record . EITI aims at strengthening transparency in the oil sector . ply for a passport or driver’s licence, or follow up 14 It should be noted that prior to the 2011 hunger riots commemorated on applications in ministries, etc . This interaction every 23 February, the government suspended MTN Twitter service often leads to acts of corruption due to the lack of for security reasons . See Siyam, S ,. Daho, S . and Bikobo, E . (2011) Cameroon, in Finlay, A . (ed ). Global Information Society Watch 2011, professional standards in public service . APC and Hivos . www gi. swatch or. g/gisw2011 • Advocate for the installation of an electronic 15 The country is deploying 5,000 km of fibre optic cable as part of a reliable, high-capacity telecommunication backbone infrastructure system of grievances to increase government ac- which will enable the coverage of the whole country . In addition, countability and transparency . n approximately 40 Multipurpose Community Telecentres have been constructed in rural areas, as part of a broader project that will cover the entirety of the country’s remote areas, bringing basic telecommunications facilities and incorporating the greater masses into the stream of ICT activities . 16 AC is an International NGO founded in 2005 to bring innovation 18 Cameroon was still ranked 134th out of 182 countries on the to the anti-corruption arena . AC Cameroon became operational in Transparency International Perceptions Index 2011 . March 2008 . 19 www .dw .de/technology-lets-developing-nations-fight-corruption/ 17 www .kick-corruption .org a-15472938

88 / Global Information Society Watch Canada Transparency, accountability and the internet: The “robocalls” scandal

the truth . The larger issue is not whether the Con- APC and Open Technology Institute Lisa Cyr and Grady Johnson servative Party is culpable or not; the mere fact that www .apc .org and www .oti .newamerica .net their explanation is plausible is cause for concern . The emerging landscape of cheap and wide- reaching communications media means that it is Introduction entirely possible that an overzealous campaigner, The summer of 2011 saw Canadian headlines marred sufficiently motivated, could have orchestrated these by controversy . After tens of thousands of Canadi- “robocalls” with little risk or cost to themselves, ans filed complaints with the electoral commission, right from their living room . Such super-empowered it soon became evident that an unknown number of individuals with a minimum of computer skills and voters had been the victims of ICT-mediated elector- sufficient motivation could have a significant impact al fraud throughout the country . The since-named on future elections . “robocalls scandal” has left a scar on the Canadian How one call changed an election political process, with members of civil society and opposition parties calling for by-elections in several Early on election day it became clear that something contested ridings . was amiss . Elections Canada received hundreds of On 2 May 2011, Canadians set out to the polls calls from confused poll clerks and frustrated voters, for the fourth time in seven years . Since 2004, no having been directed to the wrong polling station – party had won a majority of seats in the House of or, in some cases, to empty parking lots or addresses Commons, and a rising lack of confidence in the that did not exist . Stories emerged of angry citizens minority government gave way to federal elections tearing up their voter cards in frustration . once again, in which the Conservative Party would No election is without its hiccups, but clearly win a majority government this time around . this was unusual . In the days leading up to the 2011 federal election, It did not take long for the confusion of 2 May voters from across the country received calls asking to transform into outrage and indignation . Disen- whether they would be voting for the Conservatives . franchised voters lodged scathing complaints with On election day, opposition party supporters in over Elections Canada while opposition parties made 200 ridings received an automated message claiming public demands for an explanation . to be from Elections Canada, citing an unanticipated As the reports came flooding in from ridings increase in the number of registered voters and di- across the country, a troubling picture began to recting them to a new – and false – polling station . emerge . It quickly became evident that these were The Conservative Party has acknowledged that not isolated incidents but in fact a deliberate effort there was some wrongdoing but claims that these to disrupt the voting process . Final tallies showed were the actions of an unnamed rogue campaigner, that Elections Canada had received over 31,000 com- acting on his or her own initiative, and not reflective plaints from 200 of Canada’s 308 federal ridings . of party policy . The situation was worse than anyone had sus- However, the question on everyone’s mind, as pected . Two independent studies conducted by articulated by opposition Member of Parliament Ekos Research and Forum Research determined David Christopherson, is: “How likely is it that it’s that the number of Canadian households who re- one rogue person who’s behind this?”1 ceived the fraudulent calls was between 50,000 and The answer is, very . 250,000, respectively – more than enough to sway What is worrisome about this case is not that an election . one of Canada’s political parties might be engaged According to official investigators, fraudulent in electoral fraud (as reprehensible as that is), but robocalls were used extensively to misinform voters rather that the accused party may in fact be telling in at least seven ridings in Ontario, Saskatchewan, Manitoba, the Yukon and British Columbia 2. On elec-

1 ottawa .ctv .ca/servlet/an/local/CTVNews/20120329/robo-calls- 2 www .cbc ca/news/politics/stor. y/2012/03/26/pol-elections- Mayrand-ottawa-20120329/20120329/?hub=OttawaHome canada-committee-thursday html.

CANADA / 89 tion day, tens of thousands of Canadians in these At the time of writing, more than a year has ridings received the automated calls claiming to be passed and Elections Canada has yet to name any from Elections Canada, telling them their polling suspects . With Canadians increasingly upset and station had been changed – but Elections Canada demanding that someone be held accountable, the does not use automated calls 3. question on everyone’s mind is, can the perpetra- Non-Conservative voters were almost exclu- tors be brought to justice? This remains to be seen . sively targeted . According to Ekos Research, in the seven most affected ridings, 10% to 15% of house- Tracking Pierre Poutine holds received the robocalls . Among opposition “Pierre Poutine” was meticulous in hiding his (or party supporters, this number was as high as 90% . her) tracks . He registered a PayPal account using Each of these ridings was a close race between an obvious pseudonym, used prepaid credit cards the Conservative and opposition candidates, and purchased with cash, a prepaid “burner” phone, a critical to achieving a much-coveted federal major- fake address and a free Gmail account . To further ity . Most of the Conservative candidates in these mask his identity, he accessed his RackNine ac- ridings eked out victories by slim margins – in one count through a free IP anonymisation service . case by as little as 17 votes . Whatever their affilia- When investigators subpoenaed the IP ano- tion, if any, to the Conservative Party, the intentions nymiser, Saskatchewan-based freeproxyserver .ca, of the robocalls’ authors were clear . the records were no longer available . Similarly, the Once the scope of the fraud had been revealed, surveillance footage from the pharmacy where the election officials were now tasked with uncovering prepaid credit cards were purchased had long since those responsible and bringing them to justice . As expired . Elections Canada investigators soon discovered, However, there remain a few breadcrumbs to this would not be easy . follow . The records released to investigators from One riding, which was particularly targeted and RackNine have shed some light on the case, but has since become the centre of the investigation, is have yet to provide concrete evidence . Guelph, Ontario . To begin with, the list of numbers uploaded On 2 May 2011, some 7,000 households in the to the RackNine account matches a Conservative Guelph riding received automated calls directing Party database, including the names of thousands them to false or non-existent polling stations . In- of “non-supporters” who had been contacted and vestigators have since traced the calls back to an identified by local campaigners in the days leading automated voice-over-IP service hosted by RackNine, up to the election . The Elections Canada voters list an Edmonton-based webhosting company, from an does not contain voter preference, nor does it con- account registered under the name “Pierre Poutine” 4. tain voter telephone numbers 5. The transcript of one robocall from the Guelph RackNine had also been used extensively (for riding reads as follows: legitimate calls) during the election by Conserva- tive campaigners, including Andrew Prescott, head This is an automated message from Elections of the Conservative campaign in Guelph . As the Canada . Due to a projected increase in voter records show, both Prescott and “Poutine” accessed turnout, your poll location has been changed . their accounts through the same proxy service . At Your new voting location is at the Old Quebec one point, both accounts were accessed – within Street Mall, at 55 Wyndham Street North . Once four minutes of each other – using the same IP ad- again, your new poll location is at the Old Que- dress, 99 .225 .28 .34 . bec Street Mall, at 55 Wyndham Street North . If Though certainly suspicious, none of this you have any questions, please call our hotline amounts to damning evidence . Under the current at 1-800-443-4456 . We apologize for any incon- legal environment, IP addresses cannot be con- venience this may cause . clusively tied to an identity – they are recycled on According to RackNine’s records, the fake Elections a semi-regular basis and cannot be submitted as Canada message went out to 7,676 numbers be- evidence in court . Given this reality, can investiga- tween 10:03 a .m . and 10:14 a .m . on election day – at tors really make a case beyond reasonable doubt? a cost of just CAD 162 1. 0 (USD 160) . It seems unlikely .

3 www cbc. .ca/news/politics/story/2012/03/29/pol-robocalls- mayrand .html 4 Poutine is a French-Canadian dish made of French fries, gravy and cheese curds and is not an actual family name; therefore the name 5 news .nationalpost .com/2012/03/29/pierre-poutine-made-6700- Pierre Poutine at a glance is suspicious to begin with . robocalls-in-guelph-on-election-day-using-450-number

90 / Global Information Society Watch Conclusion Automated call services like RackNine should be closely regulated . The goal is not to make these com- Necessarily, the robocalls incident brings up the panies liable for the content of their customers’ calls, question of privacy versus security . Not being able as this would constitute an unwarranted invasion of to trace the fraudster(s) in this case is a major con- privacy, but to require due diligence when registering cern for Canadian authorities and for the integrity new users . “Instant access” (offered by most) should of the Canadian electoral process . However, privacy not be an option: those wishing to access these serv- is paramount to human rights defenders across the ices should have to register using their real names, globe who must remain anonymous, especially in and this information should be verified . Registration oppressive regimes . But the implications are seri- under obvious pseudonyms like “Pierre Poutine” ous . As the robocalls scandal makes clear, ICTs are should be forbidden . Companies should also limit not a panacea for transparency and accountability the use of prepaid credit cards (which are virtually – just as activists and watchdogs have been em- untraceable) for these kinds of services . powered to monitor and safeguard the electoral As for Elections Canada, the organisation process, others have been similarly empowered to should distribute pamphlets with every voter card abuse it . and checklists detailing the election process and Robotic call centres allow individuals to or- what Elections Canada does and does not do . They chestrate massive campaigns without the need for should warn against the possibility of this kind of volunteers or phone banks, and companies like fraud and urge citizens to disregard suspicious or Rack­Nine provide easy-to-use, affordable services misleading phone calls . to thousands of organisations worldwide . For a trivi- Each voter card could also include a unique ID al amount of money, it is now possible to reach (and number known only by the individual and Elections misinform) an audience of thousands in the time it Canada . Fraudsters would have to know the ad- takes to cook a hardboiled egg . dress, phone number and ID (which should remain As this case shows it is not only possible to sway private) of each voter they intended to dupe . an election – it is easy and affordable .Worse, it seems Finally, political parties should be required to it may even be possible to get away with it . implement stronger security measures for their Unless the perpetrators can be caught – which voter databases . These databases should be confi- at this point seems unlikely – or effective safe- dential and full access available only to a select and guards can be introduced, we are likely to see more trusted few . Local campaigns should be subject to of this kind of fraud in the future . The robocalls random audits to ensure compliance, and access to case could be easily replicated in any country, and their data (that is, private citizens’ data) should be as the investigation has shown, it is extraordinar- monitored and logged . In this way, should a party ily difficult to catch someone determined to remain list be used to commit fraud in the future, the list of anonymous . In light of this, the recommendations suspects will be short . in this report will focus on strategies for prevention Parties (or local campaigns) that fail to com- and mitigation . ply with minimum security standards should be censured with limited access to voter lists . Safe- Action steps guarding voters’ information (which political parties While it may not be possible to catch clever fraud- are routinely entrusted with) should not be an after- sters, there are measures that can be implemented thought, but rather should be seen as an imperative to immunise the public from similar crimes in the – and prerequisite – for elections campaigning . future . As Elections Canada gears itself up for an- Officials may well be unable to catch the perpe- other election, it will also need to consider the trators of this election fraud, or prevent others from additional risks and challenges associated with emulating them in future elections . However, with electronic voting and modify policies and proce- the proper safeguards in place, it will be possible to dures accordingly . limit the scope and damage . n

CANADA / 91 China Microblogs: China’s precarious public sphere

card, ending user anonymity . In mid-December Danwei Beijing authorities announced that all new users Hudson Lockett www .danwei .com of locally registered microblog companies, includ- ing top dog Sina, would have to register using their real names to create an account . Although outside Introduction this mandate’s scope, Sina’s Guangzhou-based rival, Tencent, soon followed suit . In early February, as the With an estimated 300 million users, China’s weibo first hints of trouble in Chongqing were still emerg- microblogging services now serve as the country’s ing, the four largest weibo providers – Sina, Tencent, de facto mechanism for enforcing local government NetEase and Sohu – announced a 16 March deadline accountability and increasing transparency . Though for existing users to register . subject to censorship like all media in China, the speed of microblogs and creative workarounds employed by The falling fortunes of Bo Xilai users to evade censors make the platform ideal for spreading breaking news and drawing attention to in- The first hints of scandal appeared on 2 Febru- justice, provided a story is sufficiently outrageous and ary 2012 when the Chongqing city government does not implicate the central government . announced that famed police chief and vice-mayor The biggest incident of 2011 was undoubtedly Wang Lijun had been shuffled to another position . the spread of images, information and outrage on It was a clear demotion for Wang, longtime right- China’s weibo microblogs following the 23 July Wen- hand man to Chongqing Party secretary Bo Xilai . zhou high-speed rail crash (see GISWatch 2011) . Since being put in charge of the municipality Bo But this was followed by a concerted government had drawn plenty of attention for his “smash black” push-back against weibo’s role as China’s most free- anti-gang and corruption campaign and a contro- wheeling public forum . versial “red culture” initiative in which Chongqing The recent fall of Chongqing residents were encouraged to belt out old tunes secretary and erstwhile aspirant to Party leadership praising Mao Zedong and socialist values en masse . Bo Xilai provides the best lens with which to inspect Along with heavy government involvement in local how weibo continues to influence government trans- industry and extensive government spending on parency and accountability in China . The scandal’s social issues like affordable housing, Bo’s policies combustive mix of corruption, conspicuous excess, drew local praise both from citizens who felt left be- catchy meme and massive scope provided exactly hind in China’s drive to capitalism, and from other the kind of wave-making cannonball that officials members of the Party’s more conservative wing . had hoped to prevent after Wenzhou, and in the Bo’s so-called “Chongqing model”, along with his lead-up to the Communist Party’s once-a-decade bona-fides as the son of Communist Party general leadership change in October . Bo Yibo, led some China watchers to mark him for a spot among the next group to be chosen for the Policy and political background Politburo’s all-powerful nine-member standing com- The official government report on the Wenzhou mittee in October 2012 . crash released five months after the incident may However, early on 8 February weibo users be- have done little to regain public trust . The report fin- gan to post pictures of police officers surrounding gered lightning strikes as the cause of the incident, the US consulate in Chengdu, some speculating severely condemned the Railway Ministry and rec- that Wang Lijun had fled there to escape Bo’s grasp . ommended punishment for 54 people . But it pinned The next day Chongqing’s government published a most of the blame on the already disgraced previous weibo message claiming: “According to reports, be- railway minister, his vice minister, and the deceased cause of long-term overwork, a state of anxiety and CEO of the company hired as principal contractor for indisposition, Vice Mayor Wang Lijun has agreed to the Wenzhou high-speed rail line . accept vacation-style medical treatment .” Long before the report saw daylight officials The announcement did little to quell specu- began calling for real-name registration to tie every lation, and “vacation-style medical treatment” weibo account to a government-issued identification ( ) quickly became the year’s first major

92 / Global Information Society Watch Chinese-language meme . The post has since been in Beijing prompted speculation – and another spike forwarded over 60,000 times on Sina Weibo and has in registered post deletions – that the driver killed in received over 22,000 comments . the accident was the son of an important government State news agency Xinhua confirmed on 9 Febru- official . (Recent coverage by The New York Times ary that before leaving, Wang had spent more than a indicates that the driver was the son of Hu Jintao’s day in the consulate with Chinese security officers and protege, Ling Jihua, who then hid the death from both had been put under investigation . Later foreign press the public and the Party and in so doing may have coverage indicated the source of Wang and Bo’s falling seriously damaged Hu’s influence on the November out may have been a report that Wang gave consulate selection of the Party’s incoming leadership ). 2 officials linking Bo’s wife, Gu Kailai, to the death by The next day financial journalist Li Delin posted poisoning (and subsequent cover-up) of British busi- on Sina Weibo about a heavy security presence on nessman and Bo family confidant Neil Heywood . Chang’an Boulevard – the first in a series of weibo Word of Wang’s flight spread quickly on weibo and, posts from that day which, after being re-tweeted censored only in fits and starts, cast doubt on Bo’s as- and sometimes combined with completely unre- cent . (Over the following months accounts surfaced in lated posts, set microblogs abuzz with rumours of a the foreign press of Bo’s ruthlessness as Chongqing supposed coup attempt in Beijing by domestic secu- Party secretary, corruption in local government-spon- rity chief Zhou Yongkang, a member of the Politburo sored business dealings and an extensive wiretapping Standing Committee and ally of Bo . project used to spy on top Party officials – includ- At first neither microblog companies nor the gov- ing President Hu Jintao ). On 21 February searches on ernment seemed to clamp down on these rumours, Baidu for the phrase “Bo Xilai tenders resignation” but on 30 March Xinhua announced that authorities ( ) began to be censored following weibo had closed 16 websites and detained six people for rumours to that effect . Microbloggers continued to “fabricating and disseminating online rumours ”. discuss the issue by adopting code words . In a sign Later that evening the government announced a of trouble for real-name registration, Sina chief execu- 72-hour ban on using the “comment” function on tive Charles Chao told The Wall Street Journal on 28 Sina and Tencent’s weibo services from 31 March to February that more than 40% of new users had failed 3 April . This meant that users could only respond verification screenings . Chao warned that the registra- directly to other users or re-tweet posts (like Twit- tion requirement could hurt activity on Sina Weibo . ter) instead of commenting in easy-to-read threads . Bo remained quiet in the lead-up to the national Xinhua also announced that Beijing police had ar- legislature’s annual Two Meetings, and was the only rested over 1,000 people on suspicion of spreading member of the 25-person Politburo absent on 8 March . “harmful” online messages as part of a nationwide The absence prompted a flurry of speculation that Bo crackdown . Days later on 6 April authorities shut- had fallen from power and coincided with a peak in tered Utopia, a Maoist discussion forum and locus registered post deletions on Sina Weibo according to of vocal support for Bo . (The site had already been an MIT study of microblog censorship1 in China from taken down once following Bo’s dismissal .) 28 January to 20 May . The next day Bo held a press On 10 April rumours again began to circulate on- conference defending himself and accusing enemies line, this time claiming that Bo’s expulsion from the of “pouring filth” on him and his family . Days later Pre- Party would be announced that night on CCTV . State mier Wen Jiabao used his annual press conference on television also featured pledges that day from Sina, 14 March to call for political reform lest China repeat Tencent and search engine giant Baidu supporting the a “historical tragedy” like the Cultural Revolution – a government’s efforts to crack down on online rumours . clear attack on Bo’s red revival . That evening Communist Party members posted on On 15 March, the day before the deadline for exist- their weibo accounts about summons to attend urgent ing weibo users to register, state news agency Xinhua Party meetings at 9:00 p m. ,. and at 11:00 p m. . Xinhua announced that Bo had been removed from his po- and CCTV announced that Bo had been dismissed from sition as Chongqing party chief . The news correlated the Communist Party and his wife, Gu Kailai, detained with another spike in registered post deletions and, as a suspect in the murder of Heywood . although the real-name registration deadline came In compliance with ongoing censorship of Bo and and went, many users found they could continue to Gu’s names, Sina initially censored Xinhua’s weibo post without registering or that Sina had suddenly post announcing Bo’s ouster . The two were joined recognised their accounts as fully registered . Then that night on the censorship whitelist by their son, Bo on 18 March pictures of an early morning Ferrari crash Guagua . The youngest Bo’s high-profile lifestyle as a

1 www .niemanlab .org/2012/05/reverse-engineering-chinese- 2 www nytimes. .com/2012/12/05/world/asia/how-crash-cover-up- censorship-when-and-why-are-controversial-tweets-deleted altered-chinas-succession .html?pagewanted=all&_r=1&

CHINA / 93 hard-partying student at Oxford and then at Harvard words to learn anything at all as the scandal continued had become emblematic of the privilege afforded to to unfold behind closed doors . Most information on the children of central Party elites following a Novem- the “coup” was pure fiction, meaning the government’s ber Wall Street Journal story on China’s “princelings” . lack of transparency in handling the Bo case actually The story claimed (incorrectly) that in early 2011 provided kindling for the rumours it supposedly sought Guagua had picked up the daughter of then-US am- to snuff out with a real-name policy . These rumours bassador John Huntsman for a night out in a red Ferrari . in turn served as additional justification for further In the days following Bo’s dismissal anti-rumour government regulation of microblogs in the name of rhetoric reached a fever pitch: a Xinhua editorial preventing the spread of “harmful” information . referred explicitly to the March coup rumours and an- Beyond the initial three-day ban on comments for nounced that over 1,000 suspects had been arrested Sina and Tencent it remains unclear which censorship since February for spreading rumours online . Adding to measures were carried out on government orders and the commotion was the unexplained temporary loss of which originated at the company level as self-pres- access on 12 April to all foreign websites from the main- ervation measures . The instance of Sina censoring land . Later that month Sina admitted in an SEC filing Xinhua’s weibo announcement of Bo’s ouster stands that it had not fully complied with real-name registra- out as an example of confusion in the ranks, while tion requirements . Later scandals, including the flight Sina’s new points-based regulation of microblog con- of blind lawyer Chen Guangcheng to the US Embassy tent may well have been a completely in-company in Beijing, also saw extensive censorship . Finally, on response to government demands . 29 May, Sina Weibo rolled out new “user contracts” to The early uneven effort to clamp down on weibo launch a system in which points are subtracted when- discussion of the Bo scandal may also indicate that ever a user posts rumours or sensitive content . he was left to hang by Party rivals uneasy with his The Bo Xilai scandal contained the elements from populist brand of self-promotion . This highlights the previous stories that had elevated those incidents to potential of weibo as a political tool rather than as long-term infamy among both weibo users and less a consistently effective mechanism for enforcing ac- net-savvy citizens: it featured extensive corruption countability . Still, Bo’s connections to the Party elite and flagrant abuse of power by privileged elites, and and his proximity to a seat on the Politburo Standing cracked the façade of a much-vaunted China success Committee also meant that uncensored online dis- story – in this case, Bo’s so-called “Chongqing model” cussion could not go on forever . of development . The Bo scandal managed to outstrip the Wenzhou crash in terms of size and scope on wei- Action steps bo . Unlike Wenzhou, the government more carefully The following key points are instructive when evalu- managed discussion on weibo through extensive key- ating the potential spread of information on sensitive word filtering and post deletion and did not allow for events in China’s current microblog environment: a short free-for-all period of coverage by traditional • When an issue approaches the grey area be- media as was seen in July of 2011 . tween central and local governments, as with Bo’s position as a political heir-apparent in the grey Bo Xilai, an initial period of light or limited cen- area between local and central government provides a sorship may be possible if deemed politically glimpse at the hard limits on how much influence the expedient by the former . public can hope to exert through the medium of the internet . When the Party’s interests outweigh the pub- • A lack of transparency in how the government lic’s, the latter seems bound to lose . The three-day ban handles unfolding scandals in China can provide on comments for Sina and Tencent’s weibo platforms further justification for a crackdown on free speech served as a clear reminder to the companies, users and as specious online rumours become the only news the public at large of exactly who is in charge . source for information-hungry citizens . • How companies like Sina and Tencent handle Conclusion government demands for content regulation The level of public influence exerted through China’s will have lasting influence on the role of micro- microblogs on the handling of the Bo Xilai scandal is blogs as tools for enforcing transparency and unprecedented . The Chongqing government’s attempts accountability at the local levels . Special atten- at glossing over Wang’s escape to the US consulate tion should be paid to the actual effects of Sina’s quickly became a laughingstock online, with netizens’ points-based content regulation system . suspicions soon officially confirmed by Xinhua . • China’s weibo platforms can expect to see further However, in the absence of official information regulation in the wake of the Bo Xilai scandal and from the government and facing extensive censor- a continued increase in censorship as the October ship, netizens were forced to rely on rumours and code 2012 leadership transfer approaches . n

94 / Global Information Society Watch Colombia The use of ICTs to increase transparency in Colombia

• Democracy phase: In this phase citizens are in- Colnodo Ariel Barbosa vited to participate actively in decision making www .colnodo apc. .org and in designing and evaluating public policies . Internet for accountability project Introduction Colnodo, as a civil society organisation, has been Colombia has made significant progress in the im- involved in the e‑government strategy since 2002, plementation of its e‑government strategy in the last starting with the Internet for Accountability Project . years . In fact, in the United Nations E‑Government This project was a joint initiative with Transparency 4 Survey for 2012,1 Colombia came second in Latin Colombia and with the support of the U .S . Agency 5 America and the Caribbean and 43rd in the world . for International Development (USAID) . Its main This progress was in part due to the e‑government goal was to design, test and scale up different ways strategy implemented by the Ministry of Informa- to strengthen the country’s local government inte- tion and Communication Technologies, which aims gration with the active involvement of mayors and to contribute to a more efficient, transparent and civil society . The project had three central aspects: participatory state, providing better services to the transparent handling of public information on its citizens and businesses by making the most of the internet; the social accountability of mayors; ICTs .2 This strategy is one of the programmes of the and the development of municipal plans for the ICT National Plan and a guiding principle for Law publication of municipal information on the internet 1341 of 2009, also known as the ICT Law . using free and open source software (FOSS) . The project started as a pilot project in the Policy and legislative background municipality of Paipa6 (26,000 citizens) with the Decree 1151 of 2008 and the Manual for the Im- development of a web page, designed with the par- plementation of the E‑Government Strategy3 ticipation of local civil servants and grassroots and established the procedures that national and re- social organisations working in the municipality gional governmental institutions should follow to and interested in being observers of the local gov- complete the phases of the e‑government roll-out: ernment administration . The platform developed (which improved the information, interaction and • Information phase: In this phase institutions transaction phases) was donated by Transparency had to provide information on their main areas Colombia and Colnodo to the national government of activity . through the Vice-Presidency of the Presidential • Interaction phase: In this phase institutions be- Office . The tool was evaluated and improved by gan to interact with the public and businesses the Connectivity Agenda (now the E‑Government by providing access to their databases and to Programme of Colombia) run by the Ministry of In- civil servants . formation and Communication Technologies . By the end of 2005, the E‑Government Programme decided • Transaction phase: In this phase products and to roll it out to all the Colombian municipalities services can be obtained through electronic which had been connected to the internet through transactions . the governmental programme Compartel . • Transformation phase: In this phase changes Two initiatives were integrated into the project are made to provide services according to the resulting in important improvements: Met@logo, needs of the population by offering a single vir- which provides information to entrepreneurs, and tual space for all official paperwork using the the Millennium Development Goals module, which governmental intranet . allows the tracking of progress in the municipalities .

1 www .unpan .org/e-government 4 The Colombian chapter of Transparency International . www . 2 www .programa .gobiernoenlinea .gov .co/componentes .shtml transparenciacolombia or. g co. 3 programa .gobiernoenlinea .gov .co/apc-aa-files/Presentaciones/ 5 www usaid. .gov Manual_GEL_V3_0__VF .pdf 6 www paipa-bo. yaca go. v co.

COLOMBIA / 95 This module was led by the United Nations . These and ownership of the websites . Questions related initiatives had the support of the German technical to usage and participation by the community show cooperation agency GIZ in Colombia7 and the Fed- overall percentages higher than 60% in areas such eration of Colombian Municipalities .8 During this as training received on using the websites; knowl- process contributions from donors for the develop- edge of its tools that can be used for participation; ment of the software were around USD 194,0009 and the follow-up of user requests . However, the and the investment by the Ministry of Information actual use of the existing opportunities for partici- and Communication Technologies was around USD pation is very low (29%) . This percentage shows 42,000 . the importance of evaluating why the community Presently, 1,130 municipalities have the system is not using these opportunities offered on the mu- installed and are publishing information, represent- nicipalities’ websites . Increasing this percentage ing more than 99% of the municipalities in Colombia; of participation by the community will improve the 628 are in the information and interaction phases . e‑government transparency indicator . The system is also used by some departments and governmental agencies in the country . Since Spectrum in Colombia the roll-out of the municipalities’ websites began Like many government agencies in Colombia, (at the end of 2005) there has been a continuous the National Spectrum Agency (ANE in Spanish) growth of unique visits to the websites, with a total conducts regular exercises in accountability, pre- monthly average of 8,204,194 visits 10. This growth is senting information on its budget, management, expected to continue given the increased access to programmes and projects for the future . In the case the internet in Colombia 11. of the ANE, it is notorious for the low participation of civil society organisations, in part because of the Website ownership complexity of the spectrum issue, which is usually The development of the Internet Platform for Ac- too technical for a general audience . Moreover, civil countability involved the municipal administrations, society organisations are not aware of the oppor- public oversight committees and the citizens them- tunities or of the risks of not participating actively selves . Because of this, there was broad support for in spectrum management and of leaving decisions the initiative . This acceptance played an important and discussions in the hands of the state and the role when the platform was rolled out at a nation- private sector . al level – in particular, because the municipalities In this regard, Colnodo participated in research found it a useful tool that met their expectations, led by the Association for Progressive Communi- making it easier for them to “own” it . cations (APC) . This research exposed the lack of The participation of civil society organisations knowledge on the subject amongst the general pub- has also been facilitated by the use of FOSS . FOSS lic and the low participation of other sectors such as has made it possible to develop the platform and universities or engineering associations . adapt the new sections and functionalities accord- Because of this situation, in August 2012, Col- ing to the needs of municipalities and citizens as well nodo and APC developed an online course on the as to the phases of the e‑government guidelines . basics of radio spectrum, what its management Follow-up consultations show that municipali- means in Colombia, and what the opportunities for ties have reached a satisfactory level of acceptance participation enabled by the government are . The course joins another initiative of the ANE called 7 www giz. .de/en/worldwide/397 .html “Spectrum Experts”, which also seeks to sensitise 8 www fcm. .org .co the general public (journalists, students, civic as- 9 This amount only includes the investment in the development of sociations, etc .) to the same issues, especially now the system . It does not include other investment such as training that the auction of new spectrum ranges will permit and follow-up of the updating of information, among others . 10 programa .gobiernoenlinea .gov .co/apc-aa-files/ high-speed access for mobile internet . ProgramaenCifrasDiciembre2011/GEL_ProgramaEnCifras_ Given the wide coverage of the mobile network Diciembre2011 .htm in Colombia and access to the internet through the 11 According to the Ministry of Information and Communication Technologies quarterly report for first quarter of 2012, the number data network, the state should encourage the use of of subscribers to fixed and mobile internet service grew by 5 .3% the internet by reducing access costs . This was the over the previous quarter, and by 27 .9% in comparison with the case in the 1990s, when internet access providers first quarter of the previous year, from 5 .05 million to 6 .46 million internet subscriptions (www .mintic .gov .co/images/documentos/ provided their services through the packet-switched cifras_del_sector/boletin_banda_ancha_vive_digital_1t_2012 . network, and had to lower their tariffs in order to pdf) . Municipalities are connected through the ministry’s Compartel programme, which connects the smallest municipalities encourage the use of the internet by the population . in the country as part of the e‑government strategy . If Colombia continues implementing these policies

96 / Global Information Society Watch and placing special emphasis on the delivery of ICT However, work still needs to be done in order to services to the rural population, there is no doubt ensure the ongoing effectiveness of the e‑govern- that Colombia will continue to lead the region in ment programme . e‑government policies . When it comes to spectrum, it is really important to involve citizens in the management of this vital Web accessibility resource . This could involve inviting journalists, Web accessibility refers to the design of information high school students, civil society organisations systems that facilitate internet access to as many and academics to increase their knowledge through people as possible, regardless of their physical online courses such as the one proposed by APC13 condition (people with visual, hearing or cognitive and also by joining the ANE strategy “Spectrum disabilities), level of technological access (old com- Experts”,14 whose purpose is to train people on puters, operating systems or programmes which spectrum issues . are not the latest on the market) or internet access When it comes to accessibility, it is important (lower connection speed, connection from mobile not only to train but to sensitise public employ- devices, and so on) . For this reason, the concept ees about the issues involved, because many of of web accessibility becomes crucial to ensure that them have to deal with it outside of their normal all Colombians have unrestricted access to the con- responsibilities, sometimes without a complete un- tent and services offered by the Colombian state derstanding of what accessibility means and what through its online government strategy . its purpose and benefits are (for example, there is Since 2010 several government agencies that a myth that accessibility in the public sector is just work with people with disabilities, together with about people with disabilities) . universities, individuals and Colnodo, have been Finally, an update of the web platforms so that they working on the creation of the Web Accessibility can be accessed using mobile devices is needed . n Committee of Colombia . One of its first tasks was to adapt the W3C Web Content Accessibility Guide- lines to create the Colombia Technical Standard on Web Accessibility,12 which is part of the new online government strategy in Colombia . Action steps The e-government strategy in Colombia includes much broader concepts than the provision of in- formation and services to citizens using ICTs, and is closer to the concept of governance as the or- ganisation of collective action . This involves ideas that justify or legitimise political power, stable in- stitutions that are open to the influence of citizens, and patterns of incentives and sanctions to ensure compliance with rules, regulations, standards and procedures . It also involves the use of ICTs by government, civil society and other socio-political actors to promote and implement the transparent, accountable and collaborative steering of society .

13 autoformacion colnodo. .apc or. g 12 NTC 5854 14 www ane. go. v co/index. .php/expertos-en-espectro

COLOMBIA / 97 Democratic Republic of Congo Mobile censorship and election fraud

Censorship and rumours undermine Si Jeunesse Savait (SJS) Françoise Mukuku important election www .mwasi .com The DRC, potentially a rich country, remains one of the poorest countries in the world . Corruption and armed conflicts have delayed the development of Introduction infrastructure and have complicated access for the On the morning of 3 December 2011, just after the majority of the population to basic services . Conflict electoral commission started to announce the provi- has also impacted negatively on the protection and sional results of both the presidential and legislative promotion of people’s fundamental rights . elections held a week before on 28 November, Con- The economy has been in free fall since the early golese mobile phone users woke up to bad news: no 1990s . Mainly agricultural and artisan based, it still SMS text messages were getting through . fails to satisfy local demand for growth . Minerals, the When Facebook users started posting about sadly famous face of the DRC, became the battlefield the issue, there were many people who could of international companies and are stigmatised as one not believe it, given that mobile text messages of the causes of conflict in the east of the country . sent from outside the country were still being re- In 1997, after nearly 40 years of dictatorship and ceived . However, this was only until they received unchallenged reign, President Mobutu was over- an official SMS message from their various mobile thrown by a rebellion led by Laurent Kabila, also service providers, backed up by media stories stat- known as the “Mzee” . When Kabila was murdered in ing: “By order of the government, SMS service is 2001, his son Joseph Kabila took power and organised, suspended until further notice .” This status quo after several postponements, the first free, democratic lasted for three weeks . and transparent elections in the country for over 40 years . Despite a Catholic priest chairing the Independ- Policy context ent Electoral Commission, as a pledge of neutrality The 2005 Constitution of the Democratic Repub- and the equitable representation of the main political lic of Congo (DRC), as amended in January 2011, forces of the nation, the outcome of these elections guarantees freedom of expression and the right were not satisfactory to all political parties at play . to information among the fundamental freedoms . The next election, to be held in 2011, was there- However, the freedom of the press and the freedom fore an opportunity for an alternative to be created . to transmit information by radio and television, But in January 2011, only several months before the newspapers or any other means of communication elections, the constitution was revised and amend- are subject to the requirements of public order, ed eight times . Among the changes was that the good morals and the rights of others . president would now be elected by simple majority, Law No . 06/006 of 9 March 2006 as amended rather than an absolute majority . in 2011, on the organisation of presidential, par- SMS service had been suspended as a measure to liamentary, provincial, urban, municipal and local ensure order and security as well as to prevent peo- elections, provides for the functions of the National ple from sharing election results before the official Electoral Commission and guarantees independent, announcement by the Independent Electoral Com- impartial and transparent elections . mission . According to Adolphe Lumamu, the deputy While the electoral law states that allega- minister in charge of internal affairs who spoke on a tions of fraud need to be backed up by proof and major radio station the same day: “Since the hold- brought before the courts, it is expensive to have ing of presidential and legislative elections, SMS text observers in each of the more than 50,000 polling messages encouraging people to violence or offering offices who can countersign affidavits that serve false partial results of the elections have been sent to as proof of alleged fraud . In addition, these need mobile phones by unidentified people who want to to be taken back to Kinshasa (sometimes over create fear and disorder in this election period ”. 3,000 kilometres away) where the electoral court But the suspension of SMS service, an afford- is seated . able means of communication for the majority of

98 / Global Information Society Watch social movements and political forces, powered ru- crucial to women facing violence . We had to suspend mours about electoral fraud . To circumvent this, the our information service running on mobile technol- public, who noticed that text messages sent from ogy aimed at sharing vital information to women abroad were still being received, bought SIM cards survivors of violence in the eastern Congo ”. for neighbouring countries (MTN Rwanda for those Mathieu Yengo, a businessman in the DRC, living in Goma or Bukavu in the eastern DRC; Airtel recalls how he had to pay three times more to main- from the neighbouring Republic of Congo for Kin- tain normal communication between his vendors shasa inhabitants) . A number of people, although and clients: “It was more than what we could af- few, also used Skype services to continue to reach ford… . [W]e were thinking of how to close some of their target audience and to share the electoral re- the businesses and send the vendors home until we sults with their respective constituencies . figured out what to do next . We couldn’t afford to If the suspension of SMS service during the post- expand our communication budget . And as if it was electoral period in the DRC was intended to keep public not enough, the SMS companies were the only ones order and to thwart the efforts of troublemakers by continuing to earn money by sending thousands of preventing the premature sharing of results that had SMSes to promote their products .” not been verified, or were simply false, it did not work . For Fernandez Murhola, executive secretary of RE- The move did not prevent the hacking of the electoral NADHOC, a human rights organisation, text messaging commission website, providing the public with false is an indispensable tool for the safety of citizens . Sus- results for three days, or violence associated with the pending it, even temporarily, is a “serious threat” . elections among the Congolese diaspora in South Af- This time at least, the government was thoughtful rica, Belgium, the United Kingdom and France . enough to officially inform people: five years ago, in The suspension of SMS service merely showed 2005, when the country was holding its first free and that there were other ways of communicating the same transparent general elections after more than 40 years false information, for instance, using social networks, of dictatorship, it did not confirm rumours of a sus- or using SIM cards from neighbouring countries . As pension of SMS service . Nevertheless, the negative mentioned, far from being a solution, the suspension impact on the rights of freedom of expression should of service only fed suspicion of electoral fraud . not be underestimated, and – equally important – the In a country doomed by violence, many people suspension of SMS service fuelled fears of corruption raised their voices to ask for an end to the ban . The that undermined the spirit of the elections . Moreover, DRC chapter of the International Federation for Human the private sector lost USD 150,000 per day during the Rights warned that the ban could cost human lives in three-week suspension of service . isolated regions with poor mobile phone reception, as emergency services could only be alerted to rebel Action steps attacks via text message . Mr . Kisangala, a religious minister for a deaf community in the capital Kinshasa, • Show the government that the suspension of remembered: “It was very hard to communicate . All SMS service violates the fundamental rights of our communications used to go through SMS messag- Congolese citizens and particularly the right to es ”. The pastor in charge of a cultural centre added: information and freedom of expression as guar- “Our members were scattered across the city, some anteed by the constitution . were ill in hospital, others were dying . Without com- • Show that there are technical means, allowed munication we didn’t even know about it . Few of them by the law, which allow mobile operators to have been coming here; whereas with text messages, provide the authorities with user information of many used to come to church here on a Sunday . When people allegedly inciting people to hatred and shooting started in the city I wanted to contact those disorder, for legal action and prosecution . who were sleeping at our cultural centre and tell them not to go out . I tried to contact them but messages • Lobby the government, together with the private didn’t go through . Then I remembered text messaging sector that lost USD 150,000 per day during the had been suspended . It was very disturbing ”. three-week suspension of service, so that this For Stephanie Mwamba, a women’s rights activist does not happen again . taking part in an anti-violence campaign at the time • Propose to the Independent Electoral Commis- of the ban: “The government decision to ban text sion, which by law guarantees the transparency messaging was particularly troubling during the glo- and impartiality of the electoral process, that bal campaign of 16 Days of Activism Against Violence a technological tool be developed to com- Against Women [held each year from 25 November municate election results in real time at each to 10 December] . Both internet and SMS services are provisional polling station . n

DEMOCRATIC REPUBLIC OF CONGO / 99 Republic of Congo Fighting the epidemic: The need to integrate ICTs into state activities

society – politicians, agencies, public and private AZUR Développement Romeo Mbengou administrations, the public, media outlets and indi- www .azurdev .org viduals – but also the development of the means to accomplish this . It is generally agreed that technology and the Introduction internet can be employed to maintain transparency Corruption is a plague as old as the world, a phe- and fiscal responsibility and are, because of this, nomenon that is extremely complex and which important tools in the struggle against corruption affects all societies . In the Republic of Congo, be- – even if those very same tools are, unfortunately, tween 2009 and 2011, several studies financed by also used to facilitate the same activities they may the World Bank were conducted by FTHM Interna- also prevent . tional and Capsule at the request of the government . Political and legislative context It was found that all Congolese administrations in the fight against corruption were implicated in corruption . Two examples serve to illustrate this, both The system of legislation and regulation relating to involving the Ministry of Finance . In the first, govern- the fight against corruption has been established by ment employees, members of the armed forces and several laws . First, Law No . 5-2009 (22 September ordinary citizens have been implicated in a scan- 2009) comprised measures on corruption, embezzle- dal involving the inflation of government salaries . ment, fraud and other related activities; second, Law According to the permanent secretary of the Na- No . 16-2007 (19 September 2007) created a national tional Commission for the Fight Against Corruption, anti-corruption watchdog group; third, Law No . 13- Embezzlement and Fraud (CNLCCF): “Numerous 2005 (14 September 2005) authorised the approval government employees and representatives of of the United Nations Convention Against Corruption; the armed forces as well as ordinary citizens have and finally, Law No . 14-2005 (14 September 2005) conspired with certain persons in the Ministry of Fi- authorised the ratification of the African Union Con- nance to modify the specific employee files, giving vention on Preventing and Combating Corruption . some people multiple identities and identification Related to this, several national decrees were numbers so that they could thereby receive multiple issued: first, No . 2007-155 (13 February 2007) reor- salaries each month .”1 ganised the CNLCCF; second, No . 2009-235 (13 August In the second, a construction company won 2009) approved a plan of action against corruption, two public bids for the renovation of the offices of embezzlement and fraud as well as for the improve- a public institution as well as the construction of a ment of governance in the Republic of Congo . meeting hall for the institution . The total cost was Of particular significance in this framework is the 257,746,000 CFA francs (USD 572,768) . When only definition of the term “corruption” . Article 2 of the 75% of the work was completed, it was discovered previously mentioned Law No . 5-2009 states that that the construction company had paid a sizable “corruption, embezzlement and fraud are unlawful bribe – 24 million francs (USD 53,333) – to the com- acts by people in positions both public and private… pany that had requested the work . [involving the] violation of procedures resulting from Faced with this epidemic, multiple actions have their positions as public agents, private employees, been taken to eradicate corruption, the largest of or independent actors, or the receipt of unlawful which was the establishment, in 2007, of the CNL- benefits for themselves or for others ”. The same law CCF and the Anti-Corruption Watchdog Group . mandates penalties corresponding to these actions . At the very least, the work of these two insti- In addition, the CNLCCF carries out the gov- tutions must be reinforced . This would require ernment’s policies through the initiation of not only the support of the entirety of Congolese investigations and the interrogation of suspected offenders . However, one large drawback to this frame- 1 Commission Nationale de Lutte contre la Corruption, la concussion et la fraude (2011) Press release, 15 October . work is that it does not provide for the creation of

100 / Global Information Society Watch an infrastructure to support the work that has to be Action steps done . It is here that we ask how technology might Corruption affects all administrations and agencies be used to fill the gap . in the Republic of Congo and it is clear that ICTs have The use of technology and the internet not been adequately integrated in the fight against the epidemic . It is evident, nonetheless, that the gov- in the struggle against corruption ernment wishes at least in part to control corruption, Currently, at the government level, there are sev- as indicated by the creation of relevant institutions eral initiatives in place that work against corruption and a corresponding judicial framework . using information and communications technolo- To achieve the desired results in the fight against gies (ICTs) . For example, a tracking programme is corruption, ICTs need to be thoroughly integrated being developed for better data keeping and evalu- into all administrations and agencies in the coun- ation when it comes to the management of forest try . To that end, certain measures should be taken resources . This benefits the management of export- by Congolese society, as well as by the government ing products legally, as well as clamping down on and international organisations: unlawful activities in the sector . The CNLCCF, the government’s technical arm in The public the implementation of anti-corruption policies, is • Public organisations need to work to create a rolling out a campaign to raise awareness in the network of individuals and other organisations country . The internet is being used to share various to prevent corruption and reform systems . types of information related to corruption, notably • The public must be made aware of the evils of the judicial tools that are available, the national corruption so that they can identify and rein- anti-corruption plan, as well as significant advances force legal/political systems for reform . in the fight against corruption 2. • Constructive dialogue must be established be- There is also a project to create a website for tween the government and the public so that the CNLCCF to facilitate the publication of all the proposed measures can be adopted to fight commission’s activities, investigations and fiscal/ corruption . customs reports . As for the public, there are several websites • ICT tools and resources must be demanded from available to learn about corruption in the Republic of the government and other national organisa- Congo . Numerous articles have been published on tions in order to empower the public in the fight the internet on corruption . There is also a move – in against corruption . partnership with the Comptoir Juridique Junior – to The government create another site, which will include a discussion • Pilot ICT projects must be developed in the fol- group, and an electronic newsletter, to better com- lowing areas: tax collection, public markets, and municate successes and difficulties in the struggle the maintenance of property registers . This will against corruption . help to increase the efficiency and transparency In February 2003, a group of watchdog organi- of financial transactions and public services . sations called on the Congolese government to • An electronic monitoring system must be put be more transparent, as a necessary step towards in place in which cases of corruption can be the development of the country . Shortly after this, registered in order to facilitate the analysis of in September of that same year, the Publish What corruption cases . You Pay campaign was launched . As a first step, but mainly to meet International Monetary Fund (IMF) • A network of websites should be created to offer requirements, the Republic of Congo announced information on corruption and on fighting cor- in June 2004 its intention to join the Extractive In- ruption in each government agency, so that the dustries Transparency Initiative (EITI) . Since then, public can understand the issues at stake and several reports including reports on oil revenues the relevant procedures to follow should corrup- have been published on the EITI site .3 While this tion be uncovered . represented a step towards greater transparency of International partners public information, public communication on this • It is vital that the public and the media work mechanism should be strengthened . together to nurture a culture of transparency and accountability in the country . These ef- 2 This information can be found principally at www .congo-site .org and, to a lesser extent, at www .itiecongo .org forts should be supported by international 3 www .itie-congo .net partners . n

REPUBLIC OF CONGO / 101 Caosta Ric “D on’t pLAY with our health”: Using ICTs to combat corruption

and equipment, and the misuse of drugs by addicted Cooperativa Sulá Batsú Kemly Camacho patients are just a few examples of the great difficul- www .sulabatsu .com ties that undermine the good work of La Caja . As a people-centred model, one of the main sources of income for the CCSS is through taxing Introduction the economically active population, companies Choosing a single case to talk about corruption in and institutions . All employees make a percentage Costa Rica in 2012 is a complex task because, un- contribution of their income, ensuring that a higher fortunately, during this period, there have been income makes a higher contribution . It is a good way numerous cases of apparent corruption that have to guarantee that the health service is equitable for involved dismissals, lawsuits and citizen action . all people, independently of the economic contribu- Despite this, the government sector provides little tion of each individual . Similarly, companies and information supporting citizen participation in gov- institutions must make a percentage contribution ernance and strengthening its accountability . based on their payroll . Among many examples, for this GISWatch 2012 One of the crucial requirements for the financial we are going to present the case of the Social Se- health of the CCSS is the successful collection of curity Public Health Institution (CCSS), popularly these contributions . Generally, companies raise the known as “La Caja” . For 70 years, the CCSS rep- money through payroll deductions for the workers’ resented an essential way of ensuring that public contributions . They then add their own contribution health in this country remained a human right . It is and deposit the monthly fee into the health system . a product of the “solidarity” state model, which is However, at the time of writing this article, sev- itself a result of the struggle for social guarantees eral companies and public institutions owed a total in the 1940s . It is the primary reason for an improve- of CRC 160 billion (USD 320 million) to the CCSS . ment in health indicators in Costa Rica, and La Caja These are acts of high corruption for many reasons: has become an example of universal health care . • Often companies have already deducted the The public institution has a prevention-oriented appropriate amount from their employees’ sala- approach, which has ensured significant progress ries, but have not transferred the money to the in the eradication and early treatment of diseases CCSS . amongst the Costa Rican population . • Although workers have made a personal contri- Corruption in the health sector bution, they cannot access the health services As we know, the health business is very lucrative, offered by the CCSS because their employers and a people-orientated health model is against the have not paid what is owed by them . interests of large international corporations and lo- • Companies use different mechanisms to avoid cal economic and political sectors who have interests making the payments due, such as faking in making money in the health sector in Costa Rica . bankruptcy and creating parallel companies . Because of this, public health in Costa Rica faces a major contradiction between the financial interests In addition: of the dominant sectors and the original CCSS model holding health as a universal human right . • The CCSS is not efficient when it comes to col- There is much evidence of corruption resulting lecting money owed to it . from this contradiction, as well as many other issues • The CCSS does not inform workers that their that have arisen: bad management, the use of pub- employers are not making their contributions . lic infrastructure for private services, the surcharge payment of overtime by doctors, the poor quality • Many of these companies belong to the most work of some administrative employees, a lack of powerful economic groups in the country . transparency in the procurement of products and • There is no public information available to citi- services (especially drugs), the waste of resources zens on this issue .

102 / Global Information Society Watch The case of Don Roberto pay social security contributions, leaving their Don Roberto Mora, a Costa Rican citizen, just over workers unprotected, do the same in several other 60 years old, is determined to monitor these forms companies . of corruption and keep the public informed about Don Roberto is very careful, and offers compre- the companies and institutions that evade social hensive, rigorous and well-referenced research in security payments . Don Roberto is not a CCSS em- order to defend himself from prosecution . He also ployee; however, his constant and active work over discovers when a company goes bankrupt, disap- the past 11 years has made a significant difference . pears, then reappears later under another name “If we lose the Social Security Fund, we lose our when it has a large debt . democracy,” he says, expressing the feelings of the The CCSS Collector is known in the country as majority of the Costa Rican population . And infor- the person who is doing the work that the CCSS mation and communications technologies (ICTs) should be doing . He understands that there is a have been the fundamental tools that have trans- strong interest in weakening the public institution formed his solo work into an important fight against – that economic interests can be satisfied if health corruption . services are privatised in Costa Rica . One day, Don Roberto realised that although his The companies which do not fulfil their obli- social security contributions were being deducted gations to the CCSS belong to multinationals or from his salary, his employers were not passing hegemonic economic sectors in the country . They them on to La Caja; instead they kept his money would prefer not to appear on Don Roberto’s blog . and the money of one of his fellow employees . As a They know that if this happens, there is on the one result, neither he nor his family could use the pub- hand a serious study supporting the complaint, lic health services . This situation motivated him to and on the other a massive dissemination of their fight against the corruption until today . irresponsible behaviour at all levels in the country . The CCSS’s debtors list was originally only The very patient work that Don Roberto is doing has available if a person went and asked for it in per- already recovered some CRC 22 billion (USD 44 mil- son . Eleven years ago, Don Roberto would consult lion) owed to the CCSS . these lists and write up what he discovered in docu- Don Roberto’s opinion is heard by a significant ments that he personally distributed to legislators, number of decision makers who use the information government ministers and the president’s office . He on his blog to make political arguments in favour realised this process was not very effective . of the health institution . In turn, they contribute However, he was determined to continue . With to requests for information and evidence from the the support of his youngest child, Don Roberto CCCS Collector . Through his work, he has managed learned how to use a blog and created his own to get the list of defaulters distributed publicly, so called “The CCSS Collector” .1 He began to use all citizens can know whether or not the place where digital technologies and, in doing so, created a sub- they work is fulfilling its obligations . His work has stantial qualitative change in his efforts at fighting also contributed to the adoption of a procedure corruption . whereby all public procurement must be supported Don Roberto has become an expert in using by proof that the bidder is up to date with its CCSS ICTs for in-depth studies of companies that are not payments . paying their dues . Every two months he collects the “Being indebted to the Fund is being indebted information about debtors . He then does online to the Costa Rican people,” says Don Roberto . His research using public information which is not nec- blogs have inspired community protests outside essarily available to the public in a quick, easy and companies that have high levels of debt . For exam- timely way . ple, a group of citizens will protest with signs that For example, he does assessments of market say “This company owes X millions to the CCSS and trends and historical analyses, maps relationships will not pay” . His work has also helped to remove among debtors, and investigates cover-ups and the people who were not meeting their obligations from use of joint liability . In this way he not only analyses public posts . a company, but also follows the owners’ activities, Don Roberto has been taken to court on several discovering that often a debtor in one company occasions, but has never been convicted . He has has other business-related debts . For example, it also been threatened numerous times . However, he has been found that many employers who do not still prefers to sign all of his investigations and ac- cusations using his own name .

1 robertomorasalazar .ticoblogger .com

COSTA RICA / 103 Conclusions and action steps • Successful advocacy depends on a combination As mentioned earlier, the issue of revenue col- between online and offline activities . For exam- lection is only one of the serious problems that ple, a blog post backed up by some lobbying threaten the public health system in Costa Rica . But in Congress or a protest outside a company is in this instance we have observed how the use of more powerful than just a blog post, and vice ICTs contributes to combating corruption . We have versa . found that: • One person, with the support of digital technol- • ICTs are being used by an elderly person . This is ogies, can really make a difference . The ICT viral interesting because it is often argued that ICTs effect can generate a social movement . How- are best used by young people . The case dem- ever, not all digital activity creates an impact . In onstrates that older adults also have the ability this case, the effect is due to the seriousness of to use these technologies effectively and with the documentation submitted and the consist- impact . Activities should be developed to en- ency with which the process has been carried courage this potential . out over the past 11 years . The internet and so- cial media required dedicated commitment and • ICTs are used for inter-generational exchange . work to be successful as advocacy tools – there The case demonstrates the importance of ICTs is little “ready-mix” advocacy that leads to sus- in facilitating the relationship between young tainable results . n people and elderly people . Significant applica- tions could be developed in this regard . • Blogs make effective tools for dissemination to the public generally, as well as to powerful deci- sion makers .

104 / Global Information Society Watch Côte d’Ivoire The story of Guillaume Kigbafori Soro: How open and transparent can Côte d’Ivoire go with him?

Dramane Ouattara, is the current leader . His elec- NNENNA.ORG Nnenna Nwakanma tion came after a strenuous electoral exercise in www .nnenna .org which one person played a key role: Guillaume Kigbafori Soro .

Côte d’Ivoire, commonly known to English speak- Guillaume Soro I: Student union leader ers as the Ivory Coast, is arguably the most thriving FESCI French-speaking country in the western part of the Little is known about Guillaume until 1995 when African continent . At least 26% of its 21 million in- fellow students elected him to be the leader of habitants are non-Ivorians, with a huge percentage the Fédération Estudiantine et Scolaire de Côte from neighbouring countries of West Africa . Also d’Ivoire (FESCI), the Federation of University notable is the large population of youth . In 1998, and High School Students . The political weight around 43% of the total population was under the of FESCI may only be measured by the demo- age of 15 in comparison to only 4% considered aged . graphic strength of the youth and school-going In 2012, it is estimated that the youth population is population . Such a choice, therefore, was of huge still higher than in most countries on the continent . political responsibility . Between 1995 and 1998, The country’s urban population is estimated at 49% Guillaume led many student and youth demon- and the literacy rate at 55%, one of the highest in strations . Most of these were geared to student the region . demands for better social amenities and educa- The landing of broadband cables SAT3/SAFE, tion infrastructure . WACS and ACE and the effective inland cabling done by national carriers have placed the citizens Zouglou at a comfortable internet access rate, more com- Zouglou is the authentic music of Côte d’Ivoire . It is fortable than other countries in West Africa . GLO-1 born of a philosophy – the student movement phi- is also adding to access speeds . In December 2011, losophy of the late 1990s . With more student and the government granted 3G licences to three mobile youth claims on the government, and an increasing phone operators in the country . The effective intro- use of force by government to quell such move- duction of 3G access by mobile telecommunications ments, the students turned to music . Zouglou was companies to the population has increased citizen born . As a musical expression, it has become an im- access to the internet and its benefits at minimal portant arm of social activism . As a student leader, costs . Guillaume took on “Boghota” as a nickname, cer- The story of Côte d’Ivoire is closely linked to tainly in admiration of the fighters in Colombia . And its presidents and leaders in general . Felix Hou- he was regularly arrested due to clashes between phouët-Boigny was its “Father of Independence” students and the government . and also its longest-standing leader (in office for 33 years) . Though his leadership may have been Guillaume Soro II: Freedom fighter considered “authoritarian” by some and “pater- Forces Nouvelles nal” by others, there is evidence that the country enjoyed steady social, economic and peaceful Little was seen of “Boghota” until 2002 . He came growth in those years . Immediately after his death, back under rather strange circumstances – as the Aimé Henri Konan Bédié, who was then the presi- leader of an armed rebel group, the Forces Nouvelles dent of the National Assembly, took over, as was (New Forces) . Though the details have not been clear, constitutionally determined . In 1999, there was what is evident is that the New Forces, a coalition of the first military takeover of power . In a hectic elec- three rebel movements, occupied at least 50% of the toral exercise, Laurent Gbagbo came to power in country’s land mass and brought the Laurent Gbagbo 2000 . At the time of this report, Gbagbo was being government to a power-sharing deal . tried for war crimes by the International Criminal Court in The Hague . A new president, Allasane

CÔTE D’IVOIRE / 105 A screen shot of Guillaume Kigbafori Soro’s personal website.

National identity For the five years between 2003 and 2007, If there was an issue that stood out as the reason Guillaume held several ministerial posts in the for the rebellion, it was the national identity enigma . “Government of Reconciliation” and rose up to be Because of the high percentage of immigrants in the a minister of State . national population, the attribution of national iden- tification cards to citizens was an uphill task for the Guillaume Soro IV: The prime minister government . At a certain point, individuals whose Following a political agreement, Guillaume was family names showed possible background links to given the post of prime minister on 26 March 2007 . neighbouring countries could not justify their citizen- ship . This denial of citizenship and corresponding GOUV.CI social benefits became one of the issues that the The official government website was established Guillaume Soro-led rebellion took on as a cause . while Guillaume was the prime minister and head of the government . This might well be considered the most important step towards transparency us- Guillaume Soro III: The minister ing the internet in the life of the nation . The portal, In the shared government that resulted from the re- among other things, provides: bellion, Guillaume became an important actor in the policy landscape of the country . He was named the • A one-stop shop for all of the government’s of- minister of communications, with the Radiodiffusion ficial information et Télévision Ivoirienne, the national broadcasting • Minutes of the cabinet meetings service, under his direct authority . At this time he took on the challenge of press freedom in the coun- • News that citizens ought to have try, establishing two very important laws: 2004-643 • Up-to-date information on key government and 2004-644 of December 2004 . These were to activities be the new Press Code . A key article was Article 68 which states, among other things, that “prison • Links to all other government ministries and terms are formally excluded for all press offences .” parastatals In a country that had seen several prison terms for • A government contact form media professionals, this was indeed a great step in the direction of media freedom . • An interactive work platform for officials

106 / Global Information Society Watch • GOUVLETTER – a personalised newsletter of Guillaume Soro VI: The eGuillaume Soro government decisions and activities that citi- Social media zens may receive directly . Without doubt, Guillaume has made significant During the period between the elections of 2010, use of the internet during his leadership . He has the post-election crises and the effective take-off of embraced social media for reasons that he himself the Allasane Dramane Ouattara leadership, GOUV . provides in a blog post: CI played a strategic role in giving unbiased infor- mation to citizens and maintaining much-needed Since I joined social networks, I have noticed information services to the country . their influence because I have a real and handy interaction that allows me to get feed- Guillaume Soro V: Prime minister, version II back . I mean, all types of feedback without It is not clear why the new president decided to nomi- exclusion or partiality . Feedback from the nate Guillaume as prime minister again in 2011 . One rich, from the poor, from my adversaries, and of the reasons may be the strategic role he played as criticism from my friends . Feedback which the incumbent prime minister and quasi-organiser of ordinarily I could not have received through the disputed presidential elections that saw Ouatta- traditional means . ra come to power . On 11 April, not only was he named prime minister, he was also asked, as the head of the Web tools government, to propose a cabinet to the new presi- On Facebook Guillaume’s personal account is al- dent . With the new government, Guillaume also took ready full and has subscribers in the thousands . He on the mantle of minister of defence . At this time, he also has an official page . This page has fans in the introduced a governance tool that might well be con- thousands and generates a huge discussion among sidered as the most powerful transparency tool ever: its subscribers . The official page is regularly updat- the Government Ethics Charter . ed with photos of his official activities . Guillaume made his Twitter debut as @Boghota The Ethics Charter – most certainly a reference to his earlier student Among its ten articles, the charter dedicates two to days . He arrived in the very heat of the post-election good governance and public dialogue: crises in the country, couched by Alain Logbognon and Sidiki Konaté, close friends who now are also Good governance: Each member of Government ministers . Over the months, @Boghota has modi- shall seek to cultivate excellence and promote fied and improved his Twitter profile . He is currently the practices of good governance in his/her using the @SoroKGuillaume handle . Though only a ministerial department and within the struc- few months old, this account has followers in the tures placed under his/her authority . The strict thousands already . respect of the laws of the Republic is a national On LinkedIn, Guillaume has a well-constructed interest necessity on which depend both the profile . Though only just set up, his connections are moral trajectory of our country and its sustain- already in the hundreds . He has sought out key pro- able and integral development . In keeping with fessionals of the policy and technology industry of the right to information of the sovereign people, the country and has connected to them . each member of Government also pledges to He has maintained the #SoroKGuillaume handle account for the actions of his/her department on Pinterest as well . Though only a new service, he whose results shall be his/her responsibility . has put up photos and pins about his activities . His Public dialogue and availability: Each member pins include family and official ones . of Government shall dedicate himself/herself, as a priority, to the exercise of the missions that Web platform constitute his/her position and shall be wholly Perhaps the most advanced step that Guillaume available to this effect . S/he shall, by the way, has taken towards openness and transparency as maintain a public dialogue… with social bodies a leader in the country is the web platform that 1 and other actors in the sector . he has established: www .guillaumesoro .com . This is a one-stop shop for most of his personal activi- ties, missions, and interactive channels and also serves as an information platform . The website in- cludes speeches, his curriculum vitae, publications, 1 nnennaorg .blogspot .com/2011/08/cote-divoire-government- ethics-charter .html policy, political, cultural and sports news, web TV,

CÔTE D’IVOIRE / 107 On his Twitter page, Guillaume Soro announces that the National Assembly will be receiving the finance minister, who will be reporting on the newly acquired HIPC debt relief. He requests that citizens send in their questions to the Minister via Facebook and Twitter. One tweet says: “As I promised you, our National Assembly will be listening to you, including with the use of ICT. Bring the questions on!” photos, links to social networks, an aggregation of For the first time in many years, national televi- his tweets, his blog, and his newsletters . sion had a live transmission of the deliberations of While there are many other things that Guil- the National Assembly . This allowed a lot of con- laume can do to increase transparency, he has cerned citizens to live-tweet the events as they undoubtedly established a solid internet platform unfolded . With live transmission and live tweets, on which citizens can engage him as a decision there is increasing interest from the Ivorian diaspora . maker, a leader, and an influential political actor in In the few months that Guillaume has been Côte d’Ivoire . the head of the legislature and the second po- litical figure in the country, he has heightened his Guillaume Soro VII: President use of the internet in governance . He does regular of the National Assembly “Twitter consultations” with the citizenry and also In Côte d’Ivoire the government is a mix of parlia- encourages feedback from his constituency and the mentarian and presidential systems . Since 1990, nation . Apart from the official website of the Nation- the president appoints a prime minister who is also al Assembly, he has also instituted a Twitter handle head of the government . The senate, which, in this for the legislature’s presidency for communication case, is the National Assembly, is headed by a pres- purposes: @SC_PANCI . ident . The constitution recognises the president In pursuit of the vision of using available tech- of the National Assembly as the second political nology to liaise with citizens, Guillaume appears to power in the country . If, for any reason, the presi- be personally keeping an eye on internet actors and dent is unable to carry out his duties, power shall their respective communities . During the first Goog- 2 be transferred, not to the prime minister, but to the le Technology Days in the country, he extended an president of the National Assembly . As the senator invitation to the community, while looking to under- of the Ferkéssedougou constituency, it was to the stand what new technology was available for him 3 post of the president of the National Assembly that personally, for the legislature and for the public . Guillaume was elected by his peers, following the renewal of the National Assembly in Côte d’Ivoire . 2 news .abidjan .net/v/9487 html. 3 www .cyriacgbogou .com/google-days-cote-divoire-jour-1- His investiture was on 12 March 2012 . telechargement-termine

108 / Global Information Society Watch On 8 May 2012, Guillaume turned 40 . After • How open and transparent can he get the na- consulting online on the possibility of starting a tional government to be? Facebook community page of all those born on the • How long will it take to influence the National same day as he was, he settled for a face-to-face Assembly? dinner with outstanding internet community mem- bers – professionals, entrepreneurs and bloggers . • How long can the country keep up the pace of Discussions, certainly, did go on about the use of openness and transparency already in motion? internet and its benefits for governance purposes . Whatever the answers, one thing is sure: Guillaume One of the key actions in openness and trans- is evidently the most “open” and “transparent” parency that the National Assembly will undertake in the use of internet technology in the political in 2012 will be the ratification of the ongoing Na- sphere in Côte d’Ivoire . Eight of ten internet com- tional eGovernance Plan . Among other proposals, munity members in the country who responded to the plan suggests the establishment of a National the question “Who has the greatest potential of eGovernance Agency . influencing Côte d’Ivoire by using the internet for openness and transparency?” answered: “Guil- Guillaume Soro next: 2012-2015 laume Kigbafori Soro” . There are several reasons why Guillaume may be the best possible political actor in Côte d’Ivoire to Action steps mainstream the internet as a governance tool for Among other things, civil society will need to push for: openness and transparency . The first is his youth . At • The effective use of ICTs in monitoring govern- only 40, and from the Zouglou generation, he does ance, other than just citizen participation, in not inherit the inhibition of older politicians . He has national finances . a wealth of experience in governance that can rival people more than 30 years his senior . Over time he • A proactive stance by the National Assembly has established a large network with the youth and in initiating laws to use ICTs in governance and internet community of the country, and has come to oversight in Côte d’Ivoire . assert his authority over the population both online • The use of ICTs in the transparent management and offline . of the Highly Indebted Poor Country (HIPC) debt Already young and at number two, the only relief just received by the country . n questions that need to be asked are: • How long will it take for Guillaume to get to number one? • What next course will he champion when it comes to the internet?

CÔTE D’IVOIRE / 109 Egypt F ighting cORRUPTION as a way of life…

provider and its user community?4 This report uses ArabDev 5 Leila Hassanin Global Integrity’s definition of “open government”, www .arabdev .org which is based on: • Information transparency: the public under- stands the workings of their government . Introduction • Public engagement: the public can influence As an Egyptian I was intrigued and overwhelmed by the workings of their government by engaging GISWatch’s 2012 theme . Egypt was, and still is, in in governmental policy processes and service deep transition after its 25 January 2011 revolution delivery programmes . – the revolution which was triggered by decades of corruption that had spread like a fatal cancer per- • Accountability: the public can hold the gov- meating all public, and many private, aspects of life . ernment to account for its policy and service Transparency International’s 2011 Corruption Per- delivery performance,6 and the internet can be ception Index ranks Egypt 112 out of 183 countries 1. used for increased governance accountability In Egypt’s case corruption began with the political and transparency . and business elite and ended by becoming a way This definition is just one of many that try to outline of life for nearly everyone, which means that brib- the meaning of Gov 2 .0, according to the Gov 2 .0 ery and petty corruption at the administrative and Summit held 9-10 September 2009 in Washington, business levels had become a daily incident, the DC . It is notable that most definitions come from the absence of which was the anomaly . The fact that first world, the US in particular 7. As the definition of corruption has become so prevalent and an integral Gov 2 .0 takes shape it will be crucial that develop- fibre of life is why fighting it will need a thorough ing countries participate in shaping the definition restructuring of nearly every sector in the country . from their experience and needs . In particular, how Alaa Al-Aswany’s best-selling novel The Yacou‑ and to what extent are governments willing to be bian Building2 bases its plot on this pervasive and publicly accountable and transparent by posting insidious corruption . The novel, published in 2002, raw data and information online pertaining to all has been a revolutionary act of free speech that government and public sector organisations? The was amplified when it was turned into a film fea- Open Government Platform (OGPL) to Promote turing some of the most prominent Egyptian actors . Transparency and Citizen Engagement8 is currently Though this report focuses on the internet’s role in one of the few platforms that have been developed . furthering and/or obstructing transparency, film is briefly mentioned as an important vehicle to trans- The role of ICTs and accountability in Egypt mit messages, especially in a country with a 66 .4% In Egypt, the e‑government portal,9 a compilation of 3 adult literacy rate . services offered by various ministries, is a leading The use of internet tools for better governance example of what could constitute Gov 2 0. . It provides has prompted questions like: How does govern- public information, downloadable forms, e‑services ment itself become an open platform that allows like notarisation and the issuing of personal papers people inside and outside government to innovate? (birth, marriage, divorce certificates, etc ),. train ticket And how do you design a system in which all of the reservations, billing inquiries, and a complaints site, outcomes are not specified beforehand, but instead evolve through interactions between the technology 4 O’Reilly, T . (2009) Gov 2 .0: The Promise of Innovation, Forbes.com, 10 August . www .forbes .com/2009/08/10/government-internet- software-technology-breakthroughs-oreilly html. 5 Global Integrity: Innovations for Transparency & Accountability . 1 cpi .transparency .org/cpi2011 Definition of open government . www .globalintegrity .org/blog/ working-definition-opengov 2 Al-Aswany, A . (2002) The Yacoubian Building, American University in Cairo Press . For a synopsis see en .wikipedia .org/wiki/The_ 6 Ibid . Yacoubian_Building 7 www .gov2summit com/go. v2009/public/content/gov2-video 3 UNDP (2011) Egypt Country Profile: Human Development 8 www .opengovtplatform .org Indicators . hdrstats .undp .org/en/countries/profiles/EGY .html 9 www .egypt .gov .eg/english

110 / Global Information Society Watch among others . It was established under the Hosni A private online initiative for public engagement Mubarak regime, starting in 2002, and has contin- and government accountability is “Zabatak”14 – ued to be operational . The Ministry of Administrative meaning “You have been caught” – which has been Development10 is the main manager and procurer built using the Ushahidi platform .15 The website of these e‑services . But that is where “information encourages the submission of anonymous com- transparency” begins and ends – the simple sharing plaints that range from stolen cars and violations of of regulations and administrative steps taken, rather building permits to complaints about government than the sharing of vital information and data, some corruption . However, it is not clear to whom these of which might not shed a favourable light on govern- complaints are directed . Or are they meant to be ment activities . It is furthermore questionable how shown as a visual representation of the “crime” and useful online payment options are in a country that “where” it was cited only? It is also not clear how is cash based and where credit cards are only for the credible anonymous complaints are . Furthermore, restricted few . This raises the question of for whom the timelines of the complaints seem to have some these services and e‑government portals are made, software glitch as there are complaints dated De- and if citizens are actually using them . cember 2012 . Here again it is not clear how Zabatak “Public engagement”, taken from the example is contributing to accountability . of the e‑government portal, is focused on some In Egypt there are no particular examples of cor- forms of service delivery which may bypass is- ruption cases that have been fought or uncovered sues of petty bribery, but does not offer a way of using internet tools . The internet, through blogs, significantly circumventing it . There are also few Facebook, Twitter and email, has been and is be- government services that could be completely ing used to spread information, to gather people managed through an online interface . As for “ac- around a cause and to discuss different viewpoints countability”, there were no examples given in the regarding particular corruption issues . However, media or anywhere else of the results of complaints aside from using Twitter to alert the media, the that were filed through the complaints pages of online content has not shaped up into particular ministries . advocacy flagship issues . Often concerns regarding This lack of transparency is underscored by the specific corruption cases were aired to encourage findings of Global Integrity,11 a report that assesses participation in mass demonstrations . This momen- indicators of corruption globally . The report12 found tum has ebbed after the elections . that there is no public access to information regu- The revolution is the example that has been lations in Egypt . On the contrary, there are laws cited to show the power of ICTs to assist in regime depriving the public from accessing key government change . The Dubai School of Government has is- records and information . An example is the Illegal sued the Arab Social Media Report,16 which gives Profiting Apparatus (IPA) law 2/1977 that imposes a quantitative snapshot of the rising popularity of penalties on “false” corruption charges, or charges social networks, especially Facebook and Twitter, in that were made with “bad intentions” . Egypt and the region . According to the report, 5% of The report further specifies that “citizens often the Egyptian population joined Facebook between face challenges to posting content online through 5 January and 1 October 2011, with youth being the government censorship (there is a separate govern- predominant users 17. ment unit in the Ministry of Interior charged with The increase in Facebook members, however, combating crimes related to computers and the does not reflect how active or not they are in fight- web) . Indeed, there has been a significant decline in ing corruption online . It is hard to get a content the Egyptian media’s ability to freely report on cor- overview on Facebook because many of the more ruption since Global Integrity’s last report in 2008 . meaningful discourses happen in private spaces Effective conflicts of interest safeguards covering that are not publicly accessible . A content analysis senior officials remain elusive, as does transpar- of Facebook was made to find out if there are specif- ency in the budget process .”13 ic discussion threads and groups in Egypt focused on its various corruption issues . Facebook had four specific groups, but most were not active beyond a 10 www .edara .gov .eg/Templates/Default .aspx?NRMODE=Pu blished&NRNODEGUID=%7B2B82B630-61D7-456D-B716- few posts . CA4BF373F1D9%7D&NRORIGINALURL=/Default&NRCACHEHINT= NoModifyGuest 11 www .globalintegrity .org/report 14 www zabatak. com. 12 Global Integrity Report, Egypt 2010 . www .globalintegrity .org/ 15 ushahidi .com report/Egypt/2010 16 www dsg. ae/en/asmr3/A. SMRGeneralFindings3 .aspx 13 Ibid . 17 Ibid .

EGYPT / 111 Nevertheless, corruption is an ongoing discus- Until now Facebook and Twitter have been sion among , online and off . Some of the spared in Egypt the challenges they are facing in most pertinent exchanges occur in discussions and the US, Canada, Europe and Russia, where users venting between friends, families and special inter- are being tracked for business reasons and employ- est groups . The discussions are as widespread and ers plough through social network content to gather diverse as the sources of corruption themselves information on their employees .22 However, social (e .g . they range from discussions about whom networks are being trolled by law enforcement, and how to persecute, ways to recover stolen and like in every other country, and this has sometimes smuggled assets, security, crime and petty crime, brutally compromised 23. It needs political corruption of the military, fair elections, to be seen how long the commercial and business foreign involvement in the country’s affairs and the pressures keep their distance from social networks instigation of political corruption) . There are also in Egypt and the region . more localised corruption discussions that focus Has the emergence of the internet made a on and occur in specific regions, sectors, universi- difference to transparency? The ties, or companies – though it seems that many of has been used as a whistleblower and a vehicle to these are more geared towards venting and only in transmit news instantaneously among interested some cases towards organising strikes or peaceful members of the public . It was also pivotal in alert- demonstrations . ing regional and international media to abuses . Twitter, which had 215,000 active users in Egypt Though this has proven crucial during national up- in March 2012,18 has been more specifically used to risings, it is not the same when it comes to fighting organise demonstrations and strikes, and to share the longer-term battle of deep-seated corruption . events with national, regional and international A sure sign of the degree of opacity in Egypt is media . Tweets were made predominantly in Eng- that there are no notable examples of informa- lish . Twitter added support for Arabic only in early tion leaks . This absence of “hidden” information March 2012 .19 TweetDeck20 offered Arabic support appearing in the public domain has continued for those who knew how to enable it – it was not post-revolution . set by default . The content of tweets is harder to As far as collaboration with foreign donors survey as the content of Twitter messages is not goes, many of the e‑government portal initiatives searchable (i .e . there is no search function that in Egypt were funded by bilateral and multilat- would allow one to read all the tweets concerning eral donors . Immediately after Mubarak stepped “corruption” in Egypt) . The content is archived by down, UK-based Chatham House organised the tweeter, and with an estimated 55 million tweets Defining and Tackling Corruption Workshop in a day,21 one can only follow a relatively limited February 201224 in an attempt to categorise corrup- amount of #tags . From a limited content analysis, tion in Egypt, and offer case studies from Georgia corruption tweets did not differ in content from the and Kenya of how other governments addressed exchanges made on Facebook . There were some corruption . One important workshop recommen- tweets that were oriented to the international dation was to introduce freedom of information media . Otherwise, social network sites thrive on legislation . References to this workshop were short messages that are mostly geared towards a found both on Twitter and Facebook, though it specific incident or cause that is related to a spe- is not clear whom the stakeholders in this work- cific moment . Many corruption exchanges were shop were and how legitimate the workshop is for coloured by the moment – they followed the main present decision makers . political and business news on a particular issue Setting up the legal, institutional and enforce- at a particular time – in that they were reactions to ment capacities for freedom of information and happenings and not longer-term considerations of speech will be a priority . The Egyptian parliament anti-corruption efforts . has proposed a draft law to create an independent corruption-fighting government authority . This new authority is to supersede the Administrative Control

18 Ibid . Tweeters making up 0 .26 percent of the total population in Egypt . 22 www insidefacebook. .com/2011/06/12/facebook-sees-big-traffic- 19 www mediabistr. o .com/alltwitter/twitter-right-to-left-languages_ drops-in-us-and-canada-as-it-nears-700-million-users-worldwide b19241 23 Hassanin, L . (2009) Egypt: Access to Online Information and 20 www tw. eetdeck .com Knowledge, in GISWatch 2009 . www giswatch. or. g/country- 21 Cochran, S . (2010) Library of Congress Acquires Twitter Archive, report/20/egypt Yahoo Voices, 19 April . voices .yahoo .com/library-congress- 24 www chathamhouse. or. g/sites/default/files/public/Research/ acquires-twitter-archive-5862272 .html?cat=15 Middle%20East/0212egyptsummary_corruption pdf.

112 / Global Information Society Watch Authority created during the Gamal Abdel Nasser Action steps regime, but with the difference that the former shall As Egypt is undergoing major structural power be affiliated with the People’s Assembly, the parlia- changes, it is important to build in transparency and ment, rather than the Prime Minister’s Office, as accountability tools from the start, the internet being 25 was the case with the latter . a primary tool to enhance the citizen-government com- This might be a good start, although, due to the munication channel . To do this it is recommended that: pervasiveness of corruption – one article referred to it as “Egypt marinated in corruption”26 – one of • Citizens negotiate and demand an open gov- the main roles of any new Egyptian regime is to be ernment platform that enables the transparent seen as a “clean” role model, a model that eschews online publishing of government and public sec- corruption in government, public and private sec- tor data and information across diverse sectors tor dealings . That is, a place where politicians are and at various departmental levels . transparent and honest . This model then needs • The platform should have citizen spaces that to be enhanced by offering means of transparent allow open debate regarding the information public participation in an effort to be vigilant about and data made available, especially where it corruption – and the internet is one of the most becomes an issue of governance and/or safety . democratic tools to offer citizen participation in re- • Citizens push for the creation of an open gov- building a more honest and law-abiding community ernment law and an independent authority that and country . is fully accessible to all citizens for recourse to It remains to be seen how much transparency uphold and enforce the law . will emerge out of the present transition . For now, Facebook and Twitter are telling us that there is Most importantly, a working example of the open more transparency needed from the budding gov- online sharing of government data and information ernment . May the internet continue to be used in and an honest interaction with citizens regarding Egypt – as it has been recently – as a forum to get this data are indispensable as a starting point for honest feedback from citizens . This is the corner- making government transparency and accountabil- stone of any freedom of expression and freedom of ity a reality in Egypt . n information law .

25 Egypt Independent (2012) Parliament considers fighting corruption with new authority, Egypt Independent, 7 June . www . egyptindependent .com/news/parliamentary-committee-assigned- mull-establishment-authority-fighting-corruption-nehal-news-1 26 Cockburn, P . (2010) Egypt: Marinated in Corruption, Counterpunch, April . www .counterpunch .org/2012/04/02/egypt-marinated-in- corruption/

EGYPT / 113 Ethiopia The effective role of e-government in combating corruption

public and transparent . Any public official or an Ethiopian Free and Open Source Software Network (EFOSSNET) elected representative is accountable for any der- 3 Abebe Chekol eliction of the duties of office .” abechekol@yahoo .com Cognisant of the need to institutionalise transparency and fight corruption, the Ethiopian government established the Federal Ethics and An- Introduction ti-Corruption Commission (FEACC) in May 2001 (and The Ethiopian information and communications set out its powers in the revised Proclamation 433 technology (ICT) sector has shown substantial of 2005) with the main objectives of taking forward growth in the last five years as a result of massive a series of preventative measures and establishing investment in the sector . Mobile subscription has powers of investigation, prosecution and research . grown from less than a million subscribers in 2005 Although the Ethiopian ICT policy was approved by to over 14 million in December 2011 . It is estimated the Council of Ministers in August 2009, as suggested, that there were about 500,000 internet users in implementation of the policy started in September Ethiopia in 2009, which implies that only 0 .6% of 2005 with the establishment of the then Ethiopian the population has some kind of internet access 1. ICT Development Agency (EICTDA) . E‑government is The new five-year Growth and Transformation Plan one of the six focus areas of the policy . To this effect, (GTP) is widely expected to boost economic growth the Ministry of Communications and Information and demand for communication services . To this Technology has engaged PricewaterhouseCoopers effect, the GTP acknowledges that for effective, ef- in designing the national e‑government strategy and ficient, transparent and accountable civil service as implementation plan 4. The e‑government strategy well as to increase their contribution to institutional document became functional in January 2011 with a transformation, it is important to support the re- five-year implementation plan . form process using ICTs 2. With support from the United Nations Economic Implementation of the Ethiopian ICT policy Commission for Africa (UNECA), the government started in 2005 . Among its priority focus areas, ICTs has also prepared a national draft law to govern for governance or e‑government services were set e‑commerce . up in government institutions . E‑government broad- ly implies the use by government agencies of ICTs Key issues such as the internet, wide area networks or mobile The recently conducted second corruption perception computing to exercise their functions in an efficient survey, commissioned by the FEACC, found evidence and effective manner, and in doing so, to transform of opaqueness and lack of transparency especially their relations with citizens, businesses and other in the manner in which public institutions in Ethiopia government entities . The resulting benefits can be interact with business enterprises . Respondents from less corruption, increased transparency, greater the business sector as well as public employees re- convenience, revenue growth and/or cost reduc- ported a lack of transparency and corruption in areas tions (which this report tries to explore by focusing such as customs clearance, taxes and revenue collec- on some specific cases) . tion, application and interpretation of regulations, as well as procedures . Both Policy and legislative context past and recent surveys indicated that both petty5 and Ethiopia is a federal republic under its 1994 consti- tution . Article 12 of the constitution specifies that 3 Proclamation No . 1/1995, Constitution of the Federal Democratic “the conduct of the affairs of government shall be Republic of Ethiopia (FDRE) . 4 Ministry of Communications and Information Technology (2011) E-Government Strategy and Implementation Plan – Report January 1 Adam, L . (2010) Ethiopia ICT Sector Performance Review 2011, Government of the Federal Democratic Republic of Ethiopia, 2009/2010: Towards evidence-based ICT policy and regulation, Vol . Addis Ababa . 2, Policy Paper 9, Research ICT Africa, Cape Town . 5 Petty or low-level administrative corruption involves small sums 2 Ministry of Finance and Economic Development (MoFED), Federal and typically more junior officials, such as, for instance, citizens Democratic Republic of Ethiopia (2010) Growth and Transformation handing over a small sum of money or other gift in order to get a Plan (GTP) 2010/11-2014/15, MoFED, Addis Ababa . junior public servant to actually do his/her job .

114 / Global Information Society Watch grand corruption6 were on the increase . However, the that the programme enabled the establishment of in- more common type was petty corruption, whereby a formation portals for several ministries, including the junior public servant (e g. . a customs officer, police of- education, health, trade, industry, finance, mines and ficer, court prosecutor or municipal clerk) attempts to energy, culture and tourism ministries . Over 215 local derive illegitimate benefits by subverting the law or area and 39 wide area networks were developed, both established procedure . Petty corruption also tends at federal and regional levels, with over 69 websites to be diffuse across all regions of the country, affect- developed for regional bureaus to make information ing all levels of public institutions from federal to accessible to the public . It is also reported that some regional to local government institutions . It was also 512 data centres (two at the federal level, 22 at the re- revealed that the public institutions that were said to gional level, seven at the zonal level and 481 at district be particularly susceptible to corruption were regional level) were established . government institutions and municipal offices, as well Furthermore, the current e‑government as all levels of the judiciary and the police 7. strategy envisages the implementation of 219 According to the above-mentioned survey re- e‑services, comprising 79 informational and 140 sults, the majority of the respondents in each sample transactional services, over a five-year period . The category felt that corruption had been contained or implementation is proposed to be done through was better than it had been some five years before . 12 priority projects using four communications For instance, between 40% and 57% of the respond- channels (portal, call centre, mobile devices and ents in each sample group felt that corruption was common service centres) . The delivery will be facili- now better or much better than it had been five years tated and strengthened through six core projects, back, while a further 8% to 20% said it was about including a national payment gateway, an enter- the same as before . On the other hand, between 31% prise e‑framework, the development of key public and 47% of the respondents in each sample group infrastructure, the development of a national data felt that corruption was now worse or much worse set, a national enterprise service and a national than it had been some five years before . integrated authentication framework .9 To this end, This, to a great extent and as widely recognised the Ministry of Communications and Information by many, is due to the government’s commitment to Technology’s priority projects will facilitate devel- combating corruption through various mechanisms opment of these services based on life-cycle based and through legislation, including the increased mod- service requirements of customers . The key prior- ernisation of government services using ICTs . One of ity projects include agriculture services, benefits the main government programmes to this effect is the management, education, e‑health, a trade portal, Public Sector Capacity Building Programme (PSCAP) services for employment, transport, tourism and which has been dealing with six focus components to tax, e‑courts, e‑municipalities, and online passport build the country’s capacity .Among the six components and visa services . When completed and operational, of PSCAP is ICT capacity building . The others are civil some of these e‑services would be able to address service reform, urban management capacity building, the key areas where corruption and accountability district level decentralisation, and tax and justice sys- challenges are being reported . tem reform . PSCAP’s specific objective in the national Implementation of the e-government strategy ICT capacity-building programme, which is funded by is underway with online applications for five min- government and development partners, is to harness istries that are ongoing and at different stages of ICTs for the development of human resources, de- development . A bid is floating for the development mocratisation, service delivery and good governance . of online applications for four additional ministries The performance analysis report8 of the ICT for public and organisations . A number of services have al- service delivery and good governance sub-unit of the ready been evaluated . Among them is a student PSCAP programme published in June 2009 indicates registration and placement service, which has also won the 2011 UNECA Technology in Government Award (TIGA) . When first launched in the 2010/2011 6 Grand corruption refers to corruption that involves substantial amounts of money and usually high-level officials . It typically includes academic year, there were one million and 130,000 kickbacks to win large public procurement contracts, embezzlement students enrolled to take the 10th and 12th grade of large sums of public funds, irregularities in public finances and in national exams respectively . However, the student political party and campaign financing, political patronage, etc . 7 Federal Ethics and Anti-Corruption Commission (FEACC) Federal registration and placement online service received Democratic Republic of Ethiopia (2012) Ethiopia Second Corruption Perception Survey, Volume 1 – Main Report, prepared by 9 Ministry of Communications and Information Technology (2011) Kilimanjaro International Corporation Limited, FEACC, Addis Ababa . E-Government Strategy and Implementation Plan – Report January 8 Public Sector Capacity Building Programme Support Project, 2011, Government of the Federal Democratic Republic of Ethiopia, November 2004 to April 2009, Result Analysis, Volume 1, June 2009 . Addis Ababa .

ETHIOPIA / 115 over 1 .8 million and 450,000 views of the 10th and Since September 2011, DARO11 has been online 12th grade national exams online services respec- and clients are no longer required to queue to get tively, which shows the success of its effective use . their documents processed . Instead, clients can fill The university placement system enabled universi- out the form they need online12 and receive a refer- ties to be aware of their prospective new students ence number to access their form and be notified in a timely way through the website, which was a of the fee payable . They will then be required to process that previously took a long time . This lat- be present in person at an agents’ window at the ter initiative will help address concerns around DARO office to sign up and pay the required service transparency issues when placing students in charge . All the seven branches of the office are net- universities, as the universities are in different lo- worked and the service is available in Amharic and cations and levels of development in terms of the English . The office confirmed that this service will quality of teaching, learning and experience . reduce the misplacing of client’s documents . Such This shows that in the last decade there has improvements in efficiency will enhance transpar- been a strategic move towards growing ICT appli- ency and reduce corrupt practices . Furthermore, it cations and services spearheaded by high-profile has enabled the office to increase the number of government projects that aim to connect schools, people served per day from 30 to over 2,000 . districts, health establishments, academic institu- This best practice can be replicated in most or- tions and government offices . ganisations that are reported to be highly affected One of the successful examples of the improved by corruption and a lack of transparency . public service delivery achieved is at the Documents Authentication and Registration Office (DARO) . Conclusion DARO was established under its previous name – It is evident that ICTs can improve transparency in Acts and Documents Registration Office – in April the public sector by increasing coordination through 1996 as an autonomous institution under the city integrating the different government institutions, government of Addis Ababa . It was among the of- and increasing the administrative capacity of the fices that were decentralised in 2003, accountable public sector generally . ICTs also improve service to the Ministry of Justice . DARO provides services to delivery . However, the poorer members of soci- its customers at the head office and four branch of- ety could be affected negatively when it comes to fices in the city . As part of its strategy, it focuses on both of these benefits . Firstly, corruption falls dis- addressing three critical strategic issues: improving proportionately on the poorer members of society, effectiveness and efficiency, reducing the service who are hindered from accessing scarce services 13. time to clients, and eliminating corrupt practices Secondly, given the limited ICT penetration and lack and other offences . To this effect, among others, of access to ICTs by poorer communities, they tend the office actively implements the automation of to be marginalised from the benefits of ICTs when it all services delivered and the introduction of a zero comes to combating corruption . However, access is tolerance approach to corrupt practices . This has rightly identified as one of the key objectives in the enabled the office to be recognised by a number of government’s Growth and Transformation Plan with national and international organisations for its out- respect to expanding the rural universal telecom- standing public service delivery . munication access programme, and it is expected A study undertaken on the impact of decentrali- that access to ICT services will not be an issue for sation and reform in this office based on a sample the large number of e‑services planned in the e‑gov- survey among customers before and after the in- ernment strategy . troduction of the reform shows a major decrease ICTs can also facilitate the collection of digital and change in corruption practices as perceived footprints and a complete audit trail which increas- by customers (i .e . from 31 .42% to 2 .85%) .10 This es the opportunity to hold individuals accountable shows the successful implementation of the office’s and ultimately increase the possibility to detect cor- transformational strategy to enhance public service rupt practices . As a result, as is the case in many delivery coupled with the leadership commitment and recognition in using ICTs in enhancing services delivered . 11 www .ethiopiainvestor com/index. .php?view=article&catid=1% 3Alatest-news&id=2462%3Adocument-authentication-goes- online&option=com_content 10 Tedla, L . A . (2009) Impact of Decentralisation on the Provision 12 www .daro .gov .et of the Document Authentication and Registration Service in 13 Gronlund, A . et al . (2010) Increasing Transparency and Fighting Addis Ababa, Ethiopia, Masters thesis on Urban Management Corruption Through ICT: Empowering People & Communities, and Development, Institute for Housing and Urban Development Swedish Program for ICT in Developing Regions (SPIDER), Studies, Erasmus University, Rotterdam, Netherlands . Stockholm .

116 / Global Information Society Watch countries, there will be challenges in government It is recognised that making government infor- institutions which may resist change and be less mation available to the public is important for an than helpful in facilitating the implementation of informed citizenry and an accountable government, e‑government platforms . To this end, the commit- including for enhancing opportunities for participa- ment of the leadership as is evident in the case tion . To this effect, the government needs policies presented above is necessary to successfully imple- based on open government principles to make in- ment ICT-based applications . formation accessible through the implementation Finally, ICTs can facilitate information sharing of the already identified e‑services in the e‑govern- and social mobilisation, and ultimately provide dig- ment strategy . ital platforms where citizens can report incidents The participation of civil society organisations anonymously . In this way the Federal Ethics and An- is of paramount importance in advocacy work when ti-Corruption Commission can utilise new ICT tools it comes to realising such policy initiatives and in to enhance its activities, by disseminating informa- promoting the use of ICT applications for combating tion and educating the public as well as increasing corruption . n the public’s participation in combating corruption . Action steps The Growth and Transformation Plan recognises the importance of ensuring transparency and com- bating corruption at its source by supporting the reform process using ICTs . Therefore, there is great scope for the use of ICTs in enhancing public serv- ice delivery and transparency and reducing corrupt practices . To this effect, multi-stakeholder action will enhance the success of this objective . The im- plementation of the e‑government strategy needs to prioritise all sectors of the economy, including the informal sector, when it comes to using ICTs for transparency and fighting corruption .

ETHIOPIA / 117 Hungary A hybrid organisation tackles corruption

Policy and political background Metatron Research Unit, Hungarian Autonomous Center for Knowledge (H.A.C.K.) As part of the government takeover of the institu- maxigas tions, new policies have been implemented at all research metatr. on .sh, hsbp .org levels of the administration and public life, the high point being the new constitution that came into ef- Introduction fect on 1 January 2012 . The constitutional court has also been expanded with appointees of the govern- Elections in April 2010 in Hungary – a small coun- ment and its powers curtailed . Functionaries were try of 10 million people in the middle of Eastern appointed for unusually long terms (for example, Europe – marked a major turning point in its politi- 12 years for constitutional court judges) .4 These cal and social life . A landslide victory for the right changes cement the influence of the current govern- wing in the midst of the economic crisis rampant ment for years to come even if it loses at the ballot in Europe granted the governing coalition a two- boxes in the next elections . thirds majority in parliament 1. However, the system The Hungarian media ecology was also dra- of democratic institutions constructed during the matically affected on three levels . Firstly, the new round table talks between the old and new elite media law had widespread implications .5 It created in 1989 was based on the assumption that a two- a new media oversight body which brought together thirds majority necessitates the agreement of the functions of several institutions under a head with government and parts of the opposition 2. Thus the formidable powers . Libel law was changed so that new coalition gained virtual omnipotence . media outlets have to pay a fine when accused of Lawmakers set out to transform the country with defamation, after which they can initiate a court unprecedented confidence and speed, unfettered process to get their money back . Legal changes also by the requirements of political negotiations and meant the eradication of source protection . Sec- public consultation . Hungary quickly became a text- ondly, state television, state radio and the national book example of establishing a quasi-authoritarian news agency were centralised in a single organisa- state . The new policies clashed with European Union tion using the justification of economic cuts, but norms and regulations on several occasions . Lead- giving the government better control . Thirdly, the ing politicians employ a post-colonial language to wave of mass layoffs in state and privately owned argue that Hungary can find its own way out of the media, reaching their peak around the end of 2011, crisis and set an example for Europe 3. meant that many news workers who had been criti- The Atlatszo website and organisation, partly cal of the state found themselves on the street . inspired by the example of WikiLeaks, was set up in July 2011 to produce information about large- Investigative journalism to the rescue scale corruption and counter the chilling effect that Atlatszo emerged in July 20116 from a history of frus- resulted from the changes in media policy and atti- tration with the current state of public debate and tudes . Bringing together best practices from various the concrete eradication of the institutional context successful international organisations, it found an for investigative journalistic work . Its staff was made effective combination of existing models . This is up of journalists who felt censored in commercial their story . media outlets, lawyers who wanted transparency,

1 European Election Database: Dataset Hungary: Parliamentary 4 The Constitutional Court of Hungary (2012) Constitutional Election 2010 . eed .nsd .uib .no/webview/index .jsp?study=http%3A Court: History, Organisation (press English in menu to see %2F%2F129 .177 .90 .166%3A80%2Fobj%2FfStudy%2FHUPA2010_D the English version) . www mkab. hu/alkotmanybir. osag/az- isplay&mode=cube&v=2&cube=http%3A%2F%2F129 .177 .90 .166 alkotmanybirosagrol/tortenet %3A80%2Fobj%2FfCube%2FHUPA2010_Display_C1&top=yes 5 Center for Media and Communication Studies (CMCS) (2011) 2 en .wikipedia .org/wiki/Hungarian_Round_Table_Talks Hungarian Media Laws: An Assessment of the Consistency of 3 BBC Business News (2012) Hungarian PM Viktor Orban denounces Hungary’s Media Laws with European Practices and Norms, EU’s ‘colonialism’, 16 March . www .bbc .co .uk/news/business- Central European University, Budapest . medialaws .ceu hu. 17394894 and China Daily (2012) EU flag burned at far-right rally in 6 atlatszo hu. (2012) Watchdog NGO and online news portal for Budapest, 15 January . www .chinadaily .com .cn/world/2012-01/15/ investigative journalism in Hungary. atlatszo .hu/wp-content/ content_14448830 .htm uploads/2012/07/atlatszo_english_july2012 .pdf

118 / Global Information Society Watch and IT experts with resources and capacity . Initiated which includes more than 100 articles from online by Bodoky Tamás, an award-winning investigative and offline newspapers that refer to Atlatszo . journalist, the team included Jóri András, former In addition, Atlatszo operates a number of serv- Commissioner for Data Protection and Freedom of ices . The automated FOI request portal allows any Expression, and Ákos Maróy, a leading technolo- citizen to ask for information of public interest, and gist and media artist . The project went on to bring the archive holds more than 100 requests to date . together a number of established professionals, The archived website of the former Commissioner ambitious young journalists and other volunteers . for Data Protection and Freedom of Expression The idea was to concentrate on the issue of the (whose office has been abolished) contains infor- transparent expenditure of public resources . mation about basic rights . The online submission The WikiLeaks experience has taught editors a system and leaking guide enable sources to send number of lessons: (1) publicising insider informa- documents to Atlatszo anonymously . The “oligarch tion can be a game-changing factor in the field of database” gathers profiles of businessmen who politics; (2) however, it is not enough to put infor- combine their increasing wealth with political and mation out – it has to be digested and presented media influence . to the audience; and (3) anonymous publishing is a The latter is somewhat peculiar to the Hungar- problem for legitimacy – real and credible journal- ian context where “oligarch” became a buzzword in ists have to take public responsibility for materials . parliamentary debate, smear campaigns and inter- Therefore, the initiative proposed to combine tradi- net memes12 – roughly equivalent to “the 1%” in the tional journalistic work with freedom of information United States .13 Atlatszo editors capitalised on the (FOI) requests and an online submission system . popularity of the term to continue the systematic The Atlatszo model draws on a number of other investigation of the Hungarian economic and politi- similar models and experiences, including anony- cal elite . The next step is to construct and maintain mous leaking platforms like WikiLeaks,7 watchdog a social network database similar to They Rule14 and open data NGOs like the Sunlight Foundation,8 or LittleSis,15 cross-linked with profiles and news citizen journalism,9 automated FOI requests like features . WhatDoTheyKnow,10 and most importantly, the new Another peculiarity of Atlatszo is that the staff wave of centres established to promote investiga- numbers as many lawyers as journalists, and it has tive journalism 11. around a dozen ongoing court cases at any one Leveraging the low cost of production for elec- time . Most often Atlatszo goes to court to enforce tronic publications, the website offers a daily FOI requests . These requests are often rejected flow of news items in conjunction with a growing by the data holders, but courts frequently find the number of services . Articles are based on original request well-grounded and order the release of in- research and often track stories that develop over formation . It is quite sad to see that investigators several months or even years . Follow-up is at the have to fight for several months to read information heart of Atlatszo’s mission, since the focus is on that should ideally be published on the website of generating impact rather than producing content the respective organisation or institution . Few oth- that draws attention to issues of passing interest . er media outlets or NGOs have the resources and In contrast to prevailing journalistic practice, claims the insistence to go to such lengths to obtain data are often backed up by original source documents – which gives Atlatszo its competitive edge at the which are either linked or published directly on the same time as demonstrating the comparatively low site . Presenting the evidence in the concrete form level of internalised democratic norms in Hungary . of the original source documents boosts the cred- ibility of claims, which is key for anti-corruption Corruption redressed work . Materials published here receive widespread The Atlatszo campaign on the Hungarian Electric media attention locally and international recogni- Works (Magyar Villamos Művek, commonly abbrevi- tion abroad – shown in the press coverage section, ated as MVM) is a case in point . The portal picked

12 Global Voices Online/atlatszo .hu (2012) Oligarch is the New 7 wikileaks .org Buzzword of the Hungarian Internet, 9 May. globalvoicesonline . 8 sunlightfoundation .com org/2012/05/09/hungary-oligarch-is-the-new-buzzword-of-the- 9 advocacy .globalvoicesonline .org hungarian-net 10 www .whatdotheyknow .com 13 The Occupy Movement popularised a new language in US political 11 Atlatszo is a member of the Organized Crime and Corruption debates where the rich are referred to as the 1% and the people as Reporting Project, which brings together many similar projects the 99% . organised by the Centre for Investigative Reporting in Sarajevo . 14 theyrule net. www .reportingproject .net/occrp and www .cin .ba 15 littlesis or. g

HUNGARY / 119 up a scandal that raged in 2008 about widespread is a daring venture seldom attempted before . Crit- corruption in the firm . At the time, public upheaval ics often cite the legendary cynicism of citizens, following the findings of an internal investigation the apathy ingrained in society, and the repressive by MVM, which had been leaked to leading news mechanisms put in place by authoritarian trends in sources, contributed to the fall of the “socialist” the country’s political life as reasons for a disen- government . Public money had been laundered us- gaged public . ing offshore companies . The CEO made bad deals In the face of these doubts, during the first which resulted in stellar losses, while the lost mon- year of operation Atlatszo went from a small blog ey found its way back into his own circle . The case to an established organisation . Its story began with was unofficially associated with the resignation of harassment by the Organised Crime Unit of the Na- the energy minister, and the opposition demanded tional Bureau of Investigation, which confiscated unsuccessfully that a parliamentary committee hard drives from the Atlatszo headquarters, in re- should be set up . While MVM quickly acquired a new sponse to the organisation’s refusal to reveal the CEO, the criminal cases merely dragged on in the sources of documents about an electronic break-in hands of the National Bureau of Investigation . The to a financial institution . Atlatszo challenged the story moved out of the spotlight of public attention demands of the police and finally the constitutional and it was not long before the old CEO reappeared court decided that the protection of sources was at the top of the Budapest Transportation Company inadequate in the 2010 media law .17 Since then, At- (Budapesti Közlekedési Vállalat, or BKV) 16. latszo has taken the initiative and expanded without When Atlatszo re-evaluated the issue, they major challenges from the authorities . Most recent- found that the leaked documents were easily dis- ly, it won the Breaking Borders Award, launched by missed as illegal or inauthentic by the accused, Global Voices Online and Google for advancing the while the official public version of the internal report cause of free expression online 18. had been edited and parts omitted . Therefore they decided to go to court to challenge each change Concluding remarks made to the document separately . They used the Atlatszo provides a working model of how the best leaked version to show that most omissions were practices of traditional journalism can be combined not defensible on the grounds of protecting trade with emerging trends, including the potential for the secrets . internet to support critical information leaks, the open Following a lengthy court trial, the new version data movement, and citizen journalism . The project of the report – almost uncensored – was recently re- brings together several strategies to produce a vari- leased . It shows that the present CEO of MVM has ety of content types, from raw source documents to also been involved in the corruption ring, receiving databases and interactive services, to analytical and huge sums for consulting work without any tangible investigative articles . It highlights how crucial it is to results . Newspapers picked up on the topic once take care of both sides of the information flow: input again, and the police started to round up the sus- and output . While acquiring new data from restricted pects who were untouchable for two years . The case sources is a long, delicate and cumbersome process called into question the widely publicised assertion which takes much dedication, analysing the data, of the present prime minister that oligarchs belong putting it into context and presenting it to audiences to the era of the previous government . and users should receive the same care and atten- tion . Furthermore, in order to achieve actual impact, Sustainability and achievements selecting data sources and presenting them has to be The story shows that due to its innovative organi- a strategic, thoughtful decision . sational model, Atlatszo can pursue stories more The strategic use of ICTs has helped Atlatszo persistently than commercial or state-owned news in a number of ways . Firstly, the cheap production outlets, and focus more consciously on impact . This costs enabled the first editors to develop a proof- is in no small part thanks to its funding sources, a of-concept website developing the first round of mix of individual donations and structural funding content, effectively starting operation before they from civil society donors such as the Open Society Institute . In other parts of the world it is customary 17 atlatszo hu. (2012) Watchdog NGO and online news portal for to run civil society organisations relying on dona- investigative journalism in Hungary. atlatszo .hu/wp-content/ tions from citizens, but in the Hungarian context it uploads/2012/07/atlatszo_english_july2012 .pdf 18 Global Voices Online (2012) Announcing the Winners of the Breaking Borders Awards, 2 July . summit2012 .globalvoicesonline . 16 The CEO has since resigned from his seat on the transportation org/2012/07/announcing-the-winners-of-the-breaking-borders- company as well . awards

120 / Global Information Society Watch could secure funding . The availability of a concrete work and prone to economic and political pressures . prototype helped greatly in winning the trust of do- Their operation can be greatly complemented by nors and citizens who donated money . Secondly, user-supported and donor-funded projects which the opportunity to publish source material that produce quality materials and deliver useful serv- backs up claims seems key in making indisput- ices . Nonetheless, these conclusions prompt the able statements when challenging corruption . That question: Can privately and state-owned news chan- is impossible to do in print alone . Thirdly, online nels still fulfil their mission of informing the public platforms enable interactive services which can and enriching the public discourse on sensitive and mutually complement news sources . These can politicised topics such as corruption? Or, like so potentially empower users to search in databases many times, does civil society have to step in to fill built from known and accumulated information glaring holes left by the market mechanisms? – like the oligarch database or the directory of previ- ous FOI requests – while also producing new and as Action steps yet unknown information (for example, through the • Public interest information should be in the submission platform or FOI request automation) . public domain . Naturally, many of these elements existed in • Public interest information should be readily one form or another before the rise of the internet: available online . manuscripts submitted to patrons and publishers; photocopies of internal reports sent to newspaper • Public interest information should be available headquarters; supplements of newspapers listing in open formats . the best universities as a rudimentary database . • Citizens should demand and follow information However, what we see is a restructuring of possibili- about state expenditure and operations . ties enabling new configurations to emerge, and on a much wider scale . • Citizens should set up and nurture their own in- Advertisement-driven news outlets, especially frastructure for monitoring . their online manifestations, are structurally and nec- • Citizens should force state action on known cor- essarily unsupportive of investigative journalistic ruption cases . n

HUNGARY / 121 India India, the internet and the need for a government that is responsive to its citizens

as, in many instances in India, bureaucrats refuse Digital Empowerment Foundation Ritu Srivastava to perform their duties in ways required by the defindia net. government . This has led to further calls for strong citizen-centric policy and mechanisms for address- ing public grievances . The majority of India can be considered rural, Introduction with over 70% of the population living in 638,365 It is a recognised fact that good governance is villages,2 represented by 245,525 Panchayats .3 Most essential for sustainable economic and social de- of the villages are located in the remotest regions velopment . In this context, ICT tools such as the of the country . It is these regions that are over- internet are widely believed to have the transforma- whelmingly poor, backward and deprived; they are tive power to bring about the desired changes, outside of the development fulcrum and lack access including fulfilling public service needs and re- to services, information and infrastructure . Equally sponding to grievances . despairing are the conditions of the urban poor and Transparency, accountability and respon- poor middle-class citizens . While service delivery siveness are the three essential aspects of good and good governance are still anticipated, what is governance . Accountability can broadly be defined astonishing is the lack of mechanisms for citizens to as an obligation on those who are holding power to air their grievances, lodge public complaints and be take responsibility for their behaviour and actions heard . This is seen in the lack of access points and with the primary objective of improving service mechanisms to register complaints or grievances . delivery to the citizens . Technically, social account- In 2011, the draft Electronic Service Delivery ability is possible with an active civic engagement Bill and Right of Citizens for Time Bound Delivery that includes direct or indirect participation of of Goods and Services and Redressal of their Griev- citizens and citizen-centric groups in exacting ac- ances Bill were passed . The challenge remains in countability to make service delivery mechanisms ensuring that such citizen-centric initiatives find ad- effective . Responsiveness ensures that the time lag equate provisions for addressing citizen grievances . between demand and the fulfilment of the needs What is discussed in this report is whether or not of citizens is minimal . Together, accountability and the internet as a platform for “people’s power” can responsiveness ensure transparency in administra- be the panacea to fill this wide gap . tive processes and functions . Globally, the United Kingdom was the first Citizen’s charter and a grievance redress country to adopt a citizen-centric policy by launch- mechanism in India 1 ing the Citizen’s Charter programme in 1991, aiming The struggle against started in to enhance standards of service delivery and make 1968 through the introduction of various bills (such governance more transparent and accountable . as the Citizen’s Ombudsman Bill) . Borrowing from Other countries like Malaysia, Belgium, Canada, the legacy of the British experiment, India has been Australia, Sweden and Spain extrapolated on the making steady strides towards developing and British experiment and implemented similar kinds reorienting policy goals that ensure citizen-centric of programmes for transforming the delivery, cul- governance . In 1994, consumer rights activists for ture and responsiveness of their public services . the first time demanded a citizen’s charter for health Developing countries like India followed and service providers at a meeting of the Central Con- now most public services such as water, electricity sumer Protection Council in Delhi . In this context, supply, garbage disposal, the issuing of ration cards the first model of public service was developed in and other services are being provided and managed 1997 when it was mooted by former Prime Minister by state-level departments and agencies . However, the needs of citizens continue to be to put on hold 2 censusindia .gov .in/Data_Products/Library/Post_Enumeration_ link/No_of_Villages_link/no_villages .html 3 The Panchayat is the basic unit of administration in India . 1 goicharters .nic .in/ccinitiative .htm en .wikipedia .org/wiki/Panchayati_raj

122 / Global Information Society Watch I . K . Gujaral as part of the Action Plan for Effec- became an avowed goal of the government, laying tive and Responsive Government . This laid out the down benchmarks for effective and responsive serv- foundation for the nodal agency, the Department ice delivery based on citizen’s charter excellence of Administrative Reforms and Public Grievances and public grievance redress mechanisms . (DARPG), that operationalised the citizen’s charter in all major central-level ministries, departments Path-breaking citizen’s charter laws and nationalised public-sector units . in Indian states Starting with central-level ministries and Despite the less-than-effective central-level citizen’s departments (such as Indian Railways, the Depart- charter mechanism implemented by DARPG, state ment of Public Distribution, and the Department governments took the lead by enacting their own laws of Telecommunications), by April 20064 the central ensuring services to the people, thereby realising the government had formulated 779 citizen’s charters concept of citizen’s charters as legally enforceable engaging various state agencies, governments and public entitlements . Madhya Pradesh and Bihar were administrations of the Union Territories . Based on the first two states to enact laws for the timely de- the UK model, DARPG emphasised the involvement livery of public services, mechanisms for redress of of consumer organisations, citizen groups, and grievances caused either by administrative inaction other stakeholders in citizen rights in order to fo- or delayed action, and the imposition of fines to pe- cus the documents on the needs and requirements nalise non-compliant and negligent officials . of end-users . As the DARPG’s Citizen’s Charters: A The pioneering Madhya Pradesh Public Services Handbook puts it:5 Guarantee Act 20108 seeks to improve administra- These charters were to include first, stand- tive efficiency in key public services, including the ards of services as well as the time limits that issuing of birth, death and caste certificates and the public can reasonably expect for service pension schemes, amongst others . The state gov- delivery, avenues of grievance redressal and a ernment also made provisions for the imposition provision for independent scrutiny through the of fines to penalise officials, ranging from INR 250 9 involvement of citizen and consumer groups . (USD 4 .6) to INR 5,000 (USD 92 .47) per day . In this way it hoped to check delays in the provision of However, a closer examination of India’s experiment services, amongst other factors inhibiting service reveals that this programme made no difference in delivery to the people . altering the state of public administration in gener- The State Government of Bihar also joined in al and public service delivery in particular . A study this push for accountability and transparency by conducted by the Indian Institute of Public Admin- enacting a similar law, the Bihar Right to Public istration (IIPA) in 20086 concluded that besides Services Act 2011, which seeks to transform the enjoying a symbolic value, many charters were public service delivery model . The act initially cov- non-existent and outdated, and invisible within the ered 10 departments providing 50 public services organisation as well as in the public domain . to the people . Like Madhya Pradesh, Bihar also To align public service performance with citizens’ allowed for governance services such as the issu- expectations, in 2006 the government adopted the ing of ration cards, the redress of land grievances “Sevottam model”,7 which recognises and encour- caused either by administrative inaction or delayed ages excellence in public service . For the first time, action, and so on . Both these initiatives underscore in 2009, the Sevottam framework was implemented the demand for central- and state-level legislation in 10 departments, including the department of post, that formalises the citizen’s charter framework . department of railways, the passport and pension office, those for food processing, corporate affairs, Institutionalising the right to public services the CBEC (Central Board of Excise and Customs ), through the internet the CBDT (Central Board of Direct Taxes), Kendriya In an effort to formalise the right to public serv- Vidyalaya Schools and the Employees Provident ices as the essential first step towards overhauling Fund Organisation (EPFO) . This was the first time the public service delivery system, a number of that quality management of public service delivery initiatives are being taken by the government to incorporate citizens’ concerns in the formulation 4 goicharters .nic .in/ccinitiative .htm 5 goicharters .nic .in/cchandbook .htm 6 darpg .nic .in/darpgwebsite_cms/Document/file/IIPA_Report_ 8 www mpinfo. .org/mpinfonew/english/ Citizen_Charter .pdf articles/2010/291210Sandarbh14 .asp 7 darpg .nic .in/darpgwebsite_cms/Document/file/Sevottam_Model . 9 Exchange rate as per date of writing: 1 USD = 53 87. INR ( www . pdf xe com/ucc).

INDIA / 123 of policy as well as when it comes to maintain- Maharashtra was the first state to make it ing the quality and reliability of services . This can binding on government departments to provide be achieved using various tools; for example, the timely e‑services . Through its Maharashtra Man- electronic delivery of government services and datory Electronic Delivery of Public Services Act mechanisms for citizen grievance redress can cut 2010 (MMEDPS Act), the state tried to eliminate out the major paperwork and administrative bottle- intermediary officials by providing direct, easy-to- necks that plague service delivery . access government-to-citizen services . Focusing on Electronic governance or e‑governance is con- the use of ICTs in the delivery of public goods, the sidered an effective tool for improving governance draft Electronic Service Delivery Bill was presented services to ensure transparency and bring about by the central government parliament in 2011 . Un- accountability . One of the most important efforts der the bill, the government has set out a five-year at bringing all government departments together deadline for all public services to develop platforms is the national portal, India .gov .in, launched by the for online transactions . This includes mechanisms government in 2005, which aggregates content from for online complaints that establish penalties to of- over 5,000 government websites 10. ficials if they fail to comply with the provisions . In a major push towards providing e‑governance In this context, it was felt that a rights-based services in rural regions, the central government approach should be followed by making the citi- launched the Common Services Centres (CSCs) pro- zen’s charter statutory and giving the public the gramme in 200611 with the aim of setting up 100,000 right to receive delivery of services within stipulated centres in rural areas across the country . The project timelines . is enabling rural citizens to access real-time infor- In 2011, the government reintroduced the Citi- mation and various e‑governance services such as zen’s Charter Bill in the form of the Right of Citizens the payment of electricity and water bills, birth and for Time Bound Delivery of Goods and Services and death certificates, and numerous application forms . Redressal of their Grievances Bill, which clearly In November of the same year, the Central Vigi- outlines the responsibilities of government depart- lance Commission (CVC) issued a circular asking ments towards citizens . The bill sets up a central all public departments to put all of their forms on public grievances commission and an equivalent their websites in downloadable formats in an effort in every state . It also gives authority to govern- to minimise personal contact with officials, which ment departments to publish a citizen’s charter that was considered a breeding ground for corruption . clearly lists all the services that the departments To make it more effective and transparent, the CVC have to provide, along with timelines . The bill fur- also launched a President’s Secretariat Helpline12 ther provides for a “grievance redress mechanism so that the public could easily approach them with for non-compliance with the citizen’s charter” . How- relevant information (supported by proof) when ever, the bill is yet to be approved by the central seeking redress for grievances . government . In 2007, a web-based portal, the Centralised Public Grievance Redress and Monitoring System Action steps (CPGRAMS) was launched for lodging complaints India is said to have the third-highest number of online . Since then, the portal has connected all min- internet users in the world, with some 100 million istries and departments of the government, along internet users and around 40 million users access- with about 6,000 subordinate organisations 13. ing the internet through their mobile phones . And Various state governments followed in speeding the number is still rising . At this rate there is grow- up the implementation of their e‑governance models, ing scope to streamline public services and address such as Andhra Pradesh, which launched AP Online citizen grievances . Some of the recommended ac- (Andhra Pradesh Online) for improving the govern- tions are: ment-citizen and government-industry interface; • Essential public services, public utility services, the Rajasthan government launched Vikas Darpan and programmes such as public distribution (“mirror of development”), and states like Madhya systems, midday meals in schools, health care Pradesh, Kerala and Tamil Nadu launched single-win- for pregnant women, etc ., should be integrated dow platforms for delivering public services . online for better implementation, management and impact . 10 Guidelines for Indian Government Websites . • Along with catering to the needs and interests of 11 www csc-india. .org specific users and being clear about the commit- 12 helpline .rb .nic .in 13 PRS Legislative Research . www .prsindia .org ments to each of them, clear specifications about

124 / Global Information Society Watch the timeframe for the delivery of specific serv- • There are 245,500 Panchayats (village councils) ices online, and the government level at which in India, each covering two to four villages . Each they will be delivered, should be mentioned on Panchayat office should be internet enabled so the state website or on pgportal go. v in. . that they can be used as Public Citizen Offices • Moreover, to help citizens raise their voices on- (PCOs) to redress grievances at the grassroots . line, it is necessary to share the service delivery • Mobile technology can be used to address the standard commitments and information with grievances of students at schools (1 .5 million), the public . Clear information about processes universities (196) and colleges (8,111) . and procedures to access these services should • Finally, there is a need for a mobile toll-free be publicly available, with information about number that offers to answer everyday citizen the specific levels at which these services can questions about government services . be found . The deployment of IT infrastructure to provide pub- • Information on public services must contain de- lic services will help with “last mile” connectivity tails of procedure and avenues for addressing – one of the most difficult stumbling blocks when public grievances . This will help citizens vent providing access to citizens . Exploiting the rising their grievances and allow government agencies number of internet users and platforms such as to initiate speedy corrective action . In addition, mobile phones can assist in empowering citizens . the timeframe for redressing public grievanc- Delivering services using ICT infrastructure will have es, including an acknowledgement of receipt a dual outcome: it will fulfil citizens’ needs and also of complaints, should be given on the specific reduce the number of grievances by doing this . This website where the complaint was filed . will also cut down corrupt practices and build trust • A periodic and systematic review of all public amongst citizens towards public agencies . Eventu- grievances should be undertaken by a public ally this will make the government more responsive, body or commission established for this pur- and bridge the gap between citizens and the admin- pose . It should mention the details of the istration . In this way, India will achieve the “public

complaints, the procedure for addressing the good” it aspires to . n grievance, and the result of the complaint pub- licly on their website . • In the era of Web 2 .0, there is a need to adopt free and open models of knowledge that ensure protection against undue commercial influence over the free flow of information and knowledge .

INDIA / 125 Indonesia Noomoro r f broken promises in an online Indonesia

Governance were passed . Indonesia also ratified EngageMedia Yerry Nikholas and Alexandra Crosby the UN Convention against Corruption in 2006 . www .engagemedia or. g Reformation also significantly transformed the 1945 Constitution . One of the fundamental changes is related to the election of regional leaders: gov- Introduction ernors, regents and mayors . During Suharto’s rule, regional leaders were chosen by local parliaments . This report focuses on one way citizens are begin- The enactment of Law No . 32 (2004) on regional ning to use online video to demand transparency government meant that the election of regional and accountability in the Indonesian democratic leaders was changed to direct election, which gives process . It tells the story of the short video “Bupati each resident the right to vote for their local leader . (Tak Pernah) Ingkar Janji”, or “Regents (Never) Lie”, Now, almost eight years after its implementation, by Bowo Leksono, published on engagemedia .org the effectiveness of this law is being questioned . on 20 March 2012 . This video was produced by the Despite direct election, local leaders are not keep- Cinema Lovers Community (CLC) of Purbalingga, ing their promises 1. Many Indonesians claim that Central Java . the way campaigns are run, based on corrupt busi- The video focuses on the real situation for citi- ness dealings, is still not democratic, and produces zens under the governance of the current regent of leaders similar to those during the “New Order” of Purbalingga, Heru Sudjatmoko . It has been used the Suharto regime 2. in a local campaign to compare the policy actions Many cases of electoral fraud in direct elections and election promises of the elected representa- have been uncovered; physical violence and intimi- tives . The video has won a number of awards and dation still occur around local elections; riots often created an immense amount of political discourse occur in certain regions when there are particularly in a country where corruption has been the norm for contentious campaigns; and vote buying often decades . The campaign has been integrated with takes place in almost all regions 3. The national other online tools and spread nationwide . Similar government this year proposed a bill to change the methods look to be an integral part of the 2014 na- process of local elections, taking it back to indirect tional elections in Indonesia . election through local parliament .4 This issue has Corruption, collusion and nepotism attracted much debate, not only among politicians but also among citizens who still feel they do not It has been 14 years since the end of Suharto’s have a say in their leadership . dictatorship and the beginning of “Reformasi” (Reformation) in Indonesia . One of the boldest de- The Cinema Lovers Community mands of Reformation was to end the widespread demands accountability practices associated with corruption, collusion and One way young people are using technology to nepotism, recognised by Indonesians under the participate in this complex issue is through on- acronym of KKN (Korupsi, Kolusi, Nepotisme), and line video . One group, the CLC of Purbalingga, is most clearly associated with the Suharto family’s demanding transparency and accountability by political practices . With Reformation came a period of transition with evidence of a more open and liberal political 1 www .engagemedia .org/Members/clc_purbalingga/videos/Bupati- tak-pernah-ingkar-janji .mp4/view and social environment . Since the first election of 2 Pradhanawati, A .(2011) Kekerasan Politik Dan Kerusuhan Sosial a post-Suharto government in 1999, people inside Dalam Pemilukada, Forum, 39(2) . and outside Indonesia have been watching care- ejournal undip. ac. id/index. .php/forum/article/view/3151 3 Somba, N . D . (2012) Four dead, Tolikara in chaos as rivals fully to see if the ingrained culture of KKN could riot in regency election, The Jakarta Post, 21 February . www . be eliminated from the democratic process . Anti- thejakartapost com/news/201. 2/02/21/four-dead-tolikara-chaos- corruption laws, namely Law No . 31 (1999) and Law rivals-riot-regency-election .html 4 Faiz, P . M . (2011) Defending the Direct Gubernatorial Election No . 20 (2001) on the Eradication of Corruption, as in Indonesia, Law Journal, 9 May . faizlawjournal .blogspot .com . well as Law No . 28 (1999) on Corruption-Free State au/2011/05/defending-direct-gubernatorial-election .html

126 / Global Information Society Watch combining video evidence of campaign promises conditions, and these students found that most of with the stories of people affected by those prom- the mannequin factories in nearby areas were using ises . The CLC Purbalingga was formed in 2006 and underage workers . This research became the foun- holds an annual film festival that is not only about dation of another CLC video called “Mata Buruh/ screening new local work, but also includes work- Workers’ Eyes” 5. shops on documentary filmmaking, researching and To give these videos the necessary platform to creating video databases . It has a broad network of criticise local government openly, the CLC hosts young artists, activists and students in Purbalingga public screening events, showcasing local cul- city and includes around 15 independent film/video ture and opening political discussions . “Regents production houses . (Never) Lie” was screened widely in local cafés, at The CLC also runs a programme called “A Gift for schools, and in makeshift open-air cinemas . The Our Beloved City” which is about celebrating their CLC organised discussions, sent thousands of text city’s anniversary . In 2010, with the rising debate messages, posted on social media, and blogged fu- around local elections, they invited proposals for riously .6 Soon after, pro-democracy activists across films that engaged with the topic of local govern- the nation became interested in this as a model for ment policies . encouraging citizens to demand transparency from In 2010, the CLC began the production of their politicians . “Regents (Never) Lie” . The filmmaker obtained doc- umentation from a number of cameramen covering Purbalingga’s stories circulate the 2010 election campaign . This footage showed The CLC’s audience is made up of followers not the then-candidate for regent voicing a range of only in Purbalingga, but also nearby cities like promises . Cilacap and Purwokerto . The collective has been The video is structured around these promises, steadily building this following since they first cre- beginning with “Promises for Workers”, and con- ated a mailing list in 2006 . The list quickly became cluding with “Promises for the Environment” . The popular in Jakarta, where many people from Purbal- soundtrack brings together local folk, punk and ingga and other places in Central Java have moved hip-hop musicians whose lyrics also point out the to work . The mailing list, which circulates a lot of discrepancy between political promises and reality . information in the local Central Java dialect as well The CLC conducted research for one year after the as Indonesian and focuses on local political issues, election, which revealed that none of these prom- enables the CLC to organise at a national level . CLC ises had been kept . They found evidence of a lack videos are regularly screened in Tangerang, a work- of change for everyday people, despite dramatic ers’ area of Jakarta, for instance . In addition, the political rhetoric . The touching stories of a number CLC now runs a Facebook group that has over 700 of workers of Purbalingga, whose voices are rarely members . heard during election time, show that these elec- By December 2011, after the video had been in tion promises have little to do with real change in circulation just a few months, the regent was forced people’s lives . to respond to its popularity . He sent a text message Purbalingga is home to a large number of to the filmmaker, Bowo Leksono: foreign-owned factories that make it the biggest Thank you for this exposure which is tenden- manufacturer and exporter of wigs and mannequins tious . If you are acting in good faith, I think in Indonesia . Of the 30,000 workers in these facto- you can leave those who feel they have not ries, 90% are female, according to 2009 data from had “promises” fulfilled to communicate to me the Purbalingga Department of Labour . Many of directly . But if you have any other intention, of these workers leave school to work in the factories, course that is another story . And if that is so, and up to 30% of them do not receive the standard please just come forward . Thank you . minimum monthly wage for Purbalingga, which is IDR 818,500 (USD 90) . While the regent promised When the CLC launched the video, they expected increased wages if elected, many workers in Purbal- some degree of negative reaction from the local ingga still survive earning well below this minimum . government, but not constant surveillance . CLC Those who appear in the video say they earn only members say that members have been closely IDR 100,000 (USD 10) every two weeks . These are monitored by the police . By the end of December amongst the lowest paid workers in Indonesia . In a concurrent project, the CLC helped groups 5 clc-purbalingga .blogspot com/2011/1. 2/dokumenter-buruh- of Sukasari high school students in the subdis- dibawah-usia html. trict of Kutasari to conduct research on working 6 clc-purbalingga .blogspot com. .au

INDONESIA / 127 2012, although the film was not officially banned, The government has been forced to respond, the police had begun intervening in its distribution . and, recently, the regent signed an “integrity pact” A community screening in Purbalingga was shut for the eradication of corruption, collusion and nep- down by local police officers, who said that the CLC otism .9 The pact states that all government officials had not gained permission for a public event (offi- will only accept earnings from honest activity . While cial permission for such a screening is rare, yet its this pact is more like a moral code than a binding requirement is often used by authorities to control legal agreement, the media has publicised it widely, particular gatherings in Indonesia) 7. and it is unlikely to be forgotten in the campaigns of With the video, the CLC has gained access to the 2014 election . a wider advocacy network . Now anti-corruption NGOs like Indonesian Corruption Watch help the Conclusion CLC to screen their videos . Since early May 2012, Corruption is still widespread in Indonesian politics . in response to the video, the Forum for Purbalingga Data presented by the Commission of Corruption Citizens against Corruption, Collusion and Nepo- Eradication (KPK) shows that there are ten gover- tism (FWPB KKN) has gathered together several nors and 158 mayors or regents, currently in office, civil society organisations to create an organised who have been convicted for corruption 10. anti-corruption movement in Purbalingga . The po- “Regents (Never) Lie” was screened in July at litical situation in Purbalingga is now becoming the 2012 South-to-South Film Festival in Jakarta to more heated, and mainstream media, such as news- an enthusiastic audience . Festival directors stated papers and online news media, are digging into the that it was one of the strongest demonstrations of allegations of corruption against the regent . how technology can contribute to activism .11 Hope- These efforts connect with other anti-corruption fully, it is just the beginning . initiatives leading up to the 2014 election in Indo- nesia . For instance, a recently launched website, Action steps korupedia .org – a conflation of “korupsi” (cor- • Watch the video with English subtitles at En- ruption) and Wikipedia – is acting as an online gageMedia and share: www .engagemedia .org/ reference tool on the history of corruption, most Members/clc_purbalingga/videos/Bupati-tak- controversially, by naming corruptors convicted pernah-ingkar-janji .mp4/view under one of Indonesia’s many anti-corruption or anti-bribery laws put in place since the end of the • Support community filmmakers . New Order . The website was created by a coalition • Contribute to the subtitling of Southeast Asian of prominent anti-corruption figures and NGOs as social justice videos . Join the EngageMedia sub- 8 well as the technology advocacy group AirPutih . It titling team at www .universalsubtitles .org/en/ gathers background information about individuals teams/engagemedia convicted of corruption across Indonesia . Activists say that this website will help educate people by • Share this video with anti-corruption NGOs . n providing more data and knowledge about corrup- tion . There is not enough awareness of corruption cases in Indonesia, and cases are quickly forgotten after those found guilty serve light sentences . Many of these corrupt politicians are planning to run in the 2014 national elections . Every corruption case is shown as a red dot on korupedia’s map, not sur- prisingly with a high concentration in central Java . Politicians in Purbalingga and elsewhere are keen to keep their names off this site .

9 Finesso, G . M . (2012) Bupati Tanda Tangani Pakta Integritas Anti-Korupsi, KOMPAS, 15 March . regional kompas. .com/ read/2012/03/15/1640566/Bupati .Tanda .Tangani .Pakta .Integritas . 7 Priyatin (2011) Film Dokumenter 'Terpanas' Tahun 2011 ‘Bupati (Tak Anti-Korupsi) Pernah) Ingkar Janji’, KOMPAS Forum, 28 March . forum .kompas . 10 Ibid . com/nasional/72968-film-dokumenter-terpanas-tahun-2011- 11 Indrasafitri, D . (2012) SToS 2012: Movies, meetings and more, bupati-tak-pernah-ingkar-janji .html The Jakarta Post, 25 February . www thejakar. tapost com/. 8 airputih .or .id news/2012/02/25/stos-2012-movies-meetings-and-more html.

128 / Global Information Society Watch Iraq Taseswo c of corruption in a nation divided

at all levels of society and its crippling effect on the Richmond, The American International University in London country . As a national authority, the COI referred John Chua 1,088 cases of corruption to the courts in just the first three months of 2012 3. However, none of these cases were in Iraqi Kurdistan, which has its own regional government, judicial system and security forces . Introduction Meanwhile, the mysterious death of the former Iraq is divided into two administrative zones: the mayor of Sulaimaniyah, Zana Hama Salih, while un- semi-autonomous Kurdish north with its own re- der arrest in April 2012, is a case study of corruption gional government, and the rest of the country ruled at the regional level, specifically in Kurdistan, out- from Baghdad . should therefore side Baghdad’s control . be examined from two sides . By focusing on two As these two case studies illustrate, Iraq faces a recent developments – the increasing difficulties difficult if not perhaps untenable political position faced by the Commission of Integrity (COI) as a na- in the split between the Kurdish north and the rest tional body that tackles corruption and the apparent of the country . suicide of Zana Hama Salih, the former mayor of Sulaimaniyah in Iraqi Kurdistan – we can better un- Two regions, but one pervasive derstand the pervasive nature of corruption in Iraq corruption problem at both national and regional levels as well as the The semi-autonomous Kurdish area was one of the problems in using ICTs to fight corruption . by-products of the first Gulf War when the United With regards to ICTs, for the COI, the Commission Nations declared a no-fly zone across the north, has established an online system whereby ordinary providing the Kurds a measure of protection against citizens can report on corruption they have witnessed . Saddam Hussein’s forces . Since the early 1990s, In the case of Mayor Salih, his death comes in the wake Kurdistan has been able to develop separately from of Kurdistan’s version of the Arab Spring, with some of the rest of Iraq, establishing its own armed forces the country’s online and social media now speculating and parliament, as well as judicial and political about alleged official involvement in his death . systems . With its huge energy reserves, Kurdistan In 2011 the Transparency International Corrup- is able to use its wealth to develop economically . tion Perceptions Index ranked Iraq 175 out of 182 Visitors to the region will be able to see gleaming 1 countries evaluated . The new ranking was a slight towers, luxury cars and a mostly peaceful exist- improvement over previous years, with the country ence . Its regional capital Erbil aspires to be the next having been annually placed within the bottom five Dubai 4. In the years following the 2003 invasion by 2 nations from 2006 to 2010 . Iraq is now tied in the coalition forces, Kurdistan never saw the level of vi- eighth spot with Haiti . olence and civil war experienced in the rest of Iraq . Iraq’s Commission of Integrity was established Across Iraq in 2006, during the height of the in 2004 as an independent governmental body sectarian conflicts, an average of 2,382 people died with the primary purpose of fighting corruption on each month from bombs, suicide attacks, gunshots a national level . Formerly named the Commission and executions .5 Although violence still continues, on Public Integrity, the body was created by the there has been a huge decline in these deaths since dissolved Coalition Provisional Authority and en- 2006 . Iraqbodycount .org, which uses actual verifia- shrined in the Iraqi constitution . ble reports of non-combatant (civilian) deaths, lists Since its founding, however, the COI has faced only 300 people having died in a similar manner in increasing levels of difficulties, from changing lead- the entire month of April 2012 6. ership and legal challenges to harassment and the bombing of its office in December 2011 . The problems 3 www .iraq-businessnews .com the COI faces reflect the pervasiveness of corruption 4 www .guardian .co uk/commentisfr. ee/2010/may/05/kurdistan- next-dubai-iraq 1 www .transparency .org/research/cpi 5 www .iraqbodycount or. g/database 2 www .transparency .org/research/cpi 6 www .iraqbodycount or. g/database

IRAQ / 129 But corruption is now seen as rivalling terror- of Interior and Ministry of Municipalities and Public ism in terms of a threat to the stability of Iraq . In Works were second and third respectively .10 February 2012, Iraqi Prime Minister Nouri al-Maliki However, despite its many successes, the COI announced that corruption within governmental has been under assault from all quarters since its circles is a threat equal to terrorism 7. In theory, establishment in 2004 . Its first leader, Judge Radhi therefore, al-Maliki should be seen as a supporter Hamza al-Radhi, resigned in 2007 and took up polit- of the work performed by the COI . However, in ical asylum in the United States after death threats practice, he has been at odds with the COI’s lead- and pressure from al-Maliki’s office . His enemies ership and agenda . Whether in the Kurdish north, deemed him too aggressive in pursuing suspected Sunni Arab centre, or Shiite south, corruption is an cases of corruption11 –under his administration, the endemic problem, and perhaps it will take the col- COI had revealed numerous egregious incidents . lective will of all the people to begin true reform . In a report to the US Congress, for example, he de- Indeed, protests online and in the street tailed how the Health Ministry was controlled by a against official corruption was one of the causes of militia that stole hospital supplies to buy weapons Kurdistan’s version of the Arab Spring in 2011 . One to fight against the Americans 12. of the primary gripes against the ruling tandem of A more recent chief of the COI also left in 2011 the Kurdistan (KDP) and Patriotic under pressure . Rahim al Ugaeily resigned as head Union of Kurdistan (PUK), the two primary politi- of the COI on 10 September 2011 citing political in- cal parties in Iraqi Kurdistan, is that their hold on terference in his bureau’s investigation . The COI was the political, economic and social fabric of the re- investigating members of al-Maliki’s political party, gion is so strong that corruption is woven into the in addition to other politicians 13. Another former system . head of the COI, independent Member of Parlia- ment Sabah al Saadi, railed against the removal The Commission of Integrity of Ugaeily from the commission . Saadi claimed al- At the national level, the work of the COI over the last Maliki was forcing Ugaeily to create false dossiers seven years represents a mixed picture of success- that would implicate al-Maliki’s political rivals .14 For es and failures . The COI is potentially the greatest Saadi’s outspokenness, however, al-Maliki’s allies single entity that can stem corruption in Iraq with sought to take away his parliamentary immunity the help of ordinary citizens and the internet . and have him arrested .15 Cross-party accusations of However, one of the biggest problems for using corruption and misdeeds are one way of eliminating the internet to fight corruption is the fact that online political rivals . In December 2011, al-Maliki accused access, while growing rapidly, is still only available the Sunni vice president, Tariq al Hashimi, of run- to a small segment of the population in Iraq . The ning an assassination team . Hashimi fled to the latest available data (2010) revealed that only 2 .5% Kurdish north, outside Baghdad’s reach, where he of the population uses the internet and an insig- has the protection of the Kurdish leadership 16. nificant number of people have permanently wired Indeed, while the COI was created to be an in- broadband connections 8. It is likely that growth in dependent commission, various political factions internet usage would come from increasing mobile over the years have sought to control it . In 2011, the internet access via smartphones and portable de- Supreme Federal Court placed the COI under the su- vices, as Iraq lacks phone and cable lines common pervision of the Council of Ministers .17 Currently the in other countries . COI’s chief must be appointed by the prime minister Despite this lack of access, the COI is not shy and will hold ministerial rank 18. These administrative in encouraging citizens to report corruption . On its website, the COI lists email addresses and phone numbers for its many bureaus across the country 10 www niqash. .org/articles/?id=2804 11 www nytimes. .com/2007/09/07/world/middleeast/07iraq .html 9 (except for areas within Kurdistan) . 12 www abajournal. .com/news/article/eliot_ness_of_iraq_wins_ As mentioned above, the COI referred 1,088 asylum cases to the courts in just the first three months of 13 www thenational. .ae/news/world/middle-east/al-malikis-critics- 2012 . According to the COI’s investigations in recent fear-for-their-safety-after-threats 14 news .antiwar .com/2011/09/12/resigned-iraqi-official-criticizes- years, the Iraqi Defence Ministry had the most staff malikis-power-grabs/ members accused of corruption while the Ministry 15 www thenational. .ae/news/world/middle-east/al-malikis-critics- fear-for-their-safety-after-threats 16 www nytimes. .com/2011/12/23/world/middleeast/explosions- 7 english .alarabiya .net/articles/2012/02/01/191870 .html rock-baghdad-amid-iraqi-political-crisis html. 8 www .itu .int/ITU-D/ICTEYE/Indicators/Indicators .aspx 17 www niqash. .org/articles/?id=2804 9 www .nazaha .iq/en_news2 .asp?page_namper=e4 18 www nazaha. .iq/en_news2 .asp?page_namper=e2

130 / Global Information Society Watch changes might well mean the COI could eventually agreement in Kurdistan . This arrangement led to lose its bite and become a political tool of the Prime a stagnant state of affairs in the region, whereby Minister’s Office . certain political families and their associates con- This is because despite the many complaints tinued to acquire substantial wealth and power . that could come to the COI’s office by email or phone, In the spring of 2011, activists in Sulaimaniyah, it is ultimately the COI that decides which cases to inspired by their counterparts in the Middle East pursue . Indeed, the COI has itself also been ac- and North Africa (MENA), began daily protests cused of corruption and many of its employees have and occupations of important streets . The protes- been exposed and prosecuted 19. The COI, however, tors, expressing their grievances both online and suffered its greatest assault when a bomb hidden in the streets, were demanding the dismantling of in an ambulance went across security barriers and the tandem political system, with rampant corrup- exploded outside its offices on 22 December 2011, tion and power concentrated in too few hands . A killing 23 people . It was Baghdad’s deadliest day in third party called Gorran (Party for Change) had over a year, as a series of well-placed bombs killed emerged to challenge this two-party arrangement . at least 63 people and wounded 185 20. On numerous occasions, the security forces came out to clash with the protestors and even killed The role of the media and internet several of them . The struggles of the COI are symptomatic of cor- Eventually the protest movement lost its steam ruption and problems at the highest levels of with the crowds going home as the ruling politicians government . While numerous online pundits and in the late spring of 2011 agreed to hold formal dis- commentators have discussed these issues, scant cussions with protest leaders . It is in this context internet usage also means that the audience for that the death of the mayor of Sulaimaniyah ought these discussions is small, mostly only educated to be considered . middle-class Iraqis or elites . On 8 April 2012 the mayor of Sulaimaniyah, Whilst television and newspapers remain fairly Zana Hama Salih, was arrested by Kurdish security partisan, one bright media outlet reaching a wide forces after being asked to provide evidence for a spread of the Iraqi population that encourages corruption case which first emerged more than six free speech and criticism is Radio Dijla, Iraq’s most years ago . That case involved a land deal worth half popular talk radio station . Broadcasting terrestri- a billion dollars . Mayor Salih was held in detention, ally and via Hotbird satellite, Radio Dijla also has a accused of having taken a bribe in the property web presence where listeners can find webcasts as deal . His family and many supporters came to the well as a smartphone app to hear the programming detention centre to protest his arrest . Six days later, anywhere in the world 21. he was found hanged to death while in custody, a Listeners call in during its numerous chat shows case of apparent suicide . to gripe about politics, corruption and whatever The Kurdish online world exploded with accusa- else is on their mind . Founded in Baghdad in the tions and protests . Salih’s wife spoke to the press, months following the US invasion, its head office accusing Kurdish officials of arranging his death 22. was destroyed by around 80 heavily armed insur- The family had met with him shortly before he died gents on World Press Freedom Day (3 May) in 2007 . and he apparently expressed no psychological dis- Radio Dijla subsequently moved its main office to tress that would lead anyone to conclude he would Sulaimaniyah in Iraqi Kurdistan to continue its pop- soon kill himself . Instead, as his wife explained, ular broadcast and programming . Salih was determined to prove his innocence and had evidence to show that other officials were im- The tangled web of corruption in Kurdistan plicated in a corrupt land deal 23. The speculations The regional example in this report focuses on one online suggest that had the judicial case moved case of high-level corruption in Sulaimaniyah, one forward, Salih would have had the opportunity to of the most important cities in the north and the expose corruption among high-ranking officials and bastion of political activism in Iraq . Soon after the his killing was a way to silence him 24. US invasion, long-time rival parties, the PUK and More than a month after his death and after KDP, organised a truce and began a power-sharing a completed investigation, an official report still

19 www .niqash .org/articles/?id=2804 20 www .nytimes .com/2011/12/23/world/middleeast/explosions- 22 www ekur. d .net/mismas/articles/misc2012/4/state6150 htm. rock-baghdad-amid-iraqi-political-crisis .html 23 www ekur. d .net/mismas/articles/misc2012/4/state6150 htm. 21 www .radiodijla .com 24 www aknews. .com/en/aknews/3/301887

IRAQ / 131 insists that Salih killed himself 25. Despite their • Encourage Iraqis to document corruption when- limited audience, Kurdish blogs and social media ever possible with evidence that can be placed pages play a role in keeping his mysterious death online . 26 on the forefront of Kurdish political debates . Sa- • Not rely on government-led initiatives to fight lih’s family appealed to the central government in corruption . Rather, activists and NGOs should 27 Baghdad to intervene in the investigation . What create their own forms of corruption exposure, consequences his death will have in the future fight in whatever format deemed necessary, to create against corruption as well as in Kurdistan’s relation- public outrage, which in turn shames the gov- ship with Baghdad is still unclear . ernment into action . Conclusions and action steps • Use the internet as a tool, but also connect with There are a couple of key conclusions one can draw other traditional media that can relay and dis- from these case studies . seminate the information they place online to a Corruption is pervasive at all levels, includ- wider public . ing the highest levels of officialdom . ICTs can be a • Realise that most Iraqis do not currently have tool for delivering news and messages, and for or- access to the internet using a computer, and ganising protests – but the internet is not yet fully that if activists want to reach them, they should effective as a mass medium due to low levels of us- consider propagating their messages via in- age among Iraqis . creasingly popular smartphones, using apps The use of ICTs to fight corruption in Iraq can- and other phone tools . not be considered entirely successful, and therefore • Make fighting corruption a priority because this as in other countries in the MENA region, activists malignant force is an obstacle to any progres- using social media and blogs have to connect with sive changes that NGOs and activists seek . other forms of media to get their messages across to a wider audience . Activists should therefore connect with the ordi- Although ICTs are not fully tapped as a tool for nary public, encouraging them to see corruption activism, there are advocacy or action steps that can as a problem that hurts them also . The aim here be taken . is to draw in members of society who normally do Activists using ICTs to fight corruption should not participate in political reform . Only a collective consider plans to: stance against corruption can change Iraq . n

25 www .rudaw .net/english/kurds/4733 .html 26 kurdishobserver .blogspot .co .uk 27 www .rudaw .net/english/kurds/4733 .html

132 / Global Information Society Watch Italy Popular resistance to

and street rallies, involving hundreds of thousands NEXA and Eurovisioni Andrea Cairola, with support from Juan Carlos De of participants; and then as a platform for trigger- Martin, Giacomo Mazzone and Arturo Di Corinto ing what we could now call an Italian version of the nexa .polito .it and www .eurovisioni .it : the (“Movimento 5 stelle”) . This movement has been created around a programme against corruption, and during the lat- Introduction est administrative elections (May 2012) it became the third-largest political entity in the country . Italy has widespread corruption, estimated at about 1 60 billion euro by official sources, mostly occurring Policy and political background in the infrastructure sector, public procurement (es- pecially in the health sector), the privatisation of state Historically, the massive corruption since World properties and utilities, licences for public goods and War II (which could count as having important prec- services, and real estate development . Italy is one of edents going back all the way to the unification of 4 the worst performing European Union (EU) countries Italy in 1861) was mainly due to two factors: on Transparency International’s Corruption Percep- • The organised crime rooted in several Italian ter- tions Index 2. Furthermore, observers often refer to ritories (first of all the Mafia in Sicily, but also “legal corruption”, that is to say, resources and privi- Camorra, Ndrangheta and Sacra Corona Unita in leges given to political parties as well as to elected other regions of southern Italy, and expanding officials without any reasonable requirement for mini- into a white-collar criminality pervading the more mum accountability . Such a phenomenon is widely industrialised areas of central and northern Italy) . considered by the public as “immoral” and as a hidden Organised crime’s network of power contaminat- form of corruption, although formally it is not illegal 3. ed both politics and the public administration, In this context, over the past three decades again, against a historical background of conti- all the attempts to eradicate endemic corruption guity between the ruling class and criminality through judiciary actions or popular initiatives have that has no parallel in other European countries 5. failed . But in recent years the internet seems to • The lack of political change due to the four- have offered a new tool and hope to the popular op- decade-long rule by a centre-right coalition, position fighting against corruption – and a unique opposed to one of the strongest Communist political and social movement has formed thanks to parties in Western European democracies . the potential of new information and communica- tions technologies (ICTs) and the web . In the early 1990s, with the end of the Cold War, a It all started through the unusual partnership wave of judiciary investigations on widespread cor- between a science-fiction and internet expert and ruption, named operation “Clean Hands”, swept a popular comedian, resulting in the creation of away the previous political setting . However, this what became the most popular and influential Ital- political reshuffle did not bring a real improvement ian blog: www beppegrillo. .it . The blog acted firstly in the fight against corruption6 because the politi- as a powerful catalyst for anti-corruption activism cal forces that emerged from the change reinstated the same bad governance practices of their pred- ecessors . They also embarked on a series of legal 1 Corte dei Conti (National Auditors Office) (2012) Declaration by Presidente della Corte dei Conti Luigi Giampaolino, 17 February . reforms of crimes against public administration that 2 Italy is ranked 68th out of 183 countries on the index . www . obstructed the work of the judiciary, guaranteeing transparency .org de facto impunity to perpetrators of corruption, 3 La casta. Così i politici italiani sono diventati intoccabili (The Caste: How Italian Politicians Became Untouchable) is an Italian book written by Sergio Rizzo and Gian Antonio Stella, two journalists from the Italian national newspaper Corriere della Sera, 4 Garrone, A . G . (1996) L’Italia corrotta 1895-1996: cento anni di detailing the amount of graft and corruption in Italian politics . It malcostume politico, Editori Riuniti . was published in 2007, and became a bestseller with more than 5 See, e g. ., Scarpinato, R . with Lodato, S . (2008) Il ritorno del 1 .3 million copies sold and 28 reprints . The International Herald Principe, Chiarelettere . Tribune described it as a book that “grabs attention by depicting 6 Della Porta, D . and Vannucci, A . (1999) Un paese anormale: come Italian politicians as greedy and self-referential .” la classe politica ha perso l’occasione di Mani Pulite, Laterza .

ITALY / 133 either by decriminalising specific behaviours (e .g . of the most influential blogs according to a rank- false accounts reporting) or by creating shorter ing prepared by The Guardian . Nowadays, the blog terms under the statute of limitations . has more than 620,000 followers on Twitter, and is topping the global social media charts (920,000 The story of www.beppegrillo.it: “Likes” on Facebook) in addition to 95 million How it started downloads on YouTube 9. One day in early 2005, two very different per- sonalities met: an internet expert, Gianroberto 2007: Activism moves from the blog Casaleggio, and a popular comedian, Beppe Grillo . to the streets Casaleggio was CEO of an ICT-savvy web con- Until 2007, Grillo continued to perform in commer- sultancy that had developed a free-to-view online cial theatres, and to maintain the blog as a side table mapping Italian conflicts of interests in the activity and on a voluntary basis . In September 2007, finance and private sectors, tracking down cross- he decided to try mobilising his web followers, and sector positions of individuals sitting on the boards through his blog they organised a rally in Italy’s main of corporations, as well as on the boards of their towns, called “V-Day”,10 with the “V” standing for controlling companies or banks giving them loans . vendetta, vengeance and “vaffanculo” (Italian for While Grillo was then a very popular comedian, he “fuck off”) . During the rally, Grillo took to the stage had been excluded from both the public and com- in Bologna and projected the names of two dozen mercial television stations since he had, during a Italian politicians elected in the parliament who had popular TV programme, outspokenly and ironically been convicted of crimes ranging from corruption to denounced the endemic corruption in politics .7 In tax evasion and perjury . It was estimated that more those days Grillo was touring in theatres with a than one million Italians participated in this rally . show denouncing corruption and turbo-capitalism, Looking out over the crowd in Bologna, Grillo and also smashing a computer in each performance, said, “We are part of a new Woodstock . Only this portraying it as a tool of globalisation which was time the drug addicts and sons of bitches are on the detrimental to people’s welfare and social justice . other side!” Grillo also used this rally to urge Ital- ians to sign a petition calling for the introduction 2005: The creation of the blog of a popular initiative bill for a “Clean Parliament” Casaleggio met Grillo and offered him a differ- and to remove members of the Italian Parliament ent view on the potential of ICTs for social and who have criminal convictions of any kind from of- behavioural change . Following a reportedly lively fice . He concluded by observing, “We’ve managed discussion, Casaleggio convinced Grillo not only to do something that will make history .” And he not to publicly smash computers, but even to use may be right, since that was probably the largest ICTs to become a blogger . The blog www .bep- popular rally organised using the internet in Italy . pegrillo .it was launched in 2005, soon to become a It was followed by a couple of other national rallies reference for free expression in the claustrophobic not organised by Grillo’s movement, but organised Italian media environment dominated by Berlus- using the internet and attracting a similar level of coni-owned television stations and by RAI – public participation . One of these was promoted by “Po- service television channels under his control – as polo Viola” (Purple People) on 5 November 2009 well as by a print press heavily influenced by major to protest against Berlusconi’s control over the corporate powers . After three years, beppegrillo .it Italian media . Several other smaller local events was the most popular blog in Italy, with an average were organised using the “Meetup” online social of 200,000 thousand unique visitors a day,8 and one networking portal that facilitates offline group meetings in various localities around the world . As part of this trend of activism using the internet, 7 In 1987, during the Saturday night TV show Fantastico 7, Grillo attacked the Italian Socialist Party and its leader Bettino Craxi, then hackers have also produced online tools to support Italy’s prime minister, on the occasion of his visit to the People’s anonymous whistleblowing in the fight against cor- Republic of China . Grillo cracked, “If the Chinese are all socialists, who do they steal from?” en wi. kipedia or. g/wiki/Beppe_Grillo ruption and tax evasion . 8 But these figures are very arguable, because no official measurement of blogs is currently made in Italy . According to www be. ppegrillo co. m the blog has more than 5 2. million visitors per month, 80 million visitors on 9 Source: Osservatorio Fullsix, May-June 2012, published on its YouTube channel (second in Italy after RAI in the category of News Panorama, 1 August, p .23 . and Politics), 575,000 subscribers on its page on Facebook, 80,000 10 For an analysis of the media coverage of the event, see Pepe, followers on Twitter, and 500,000 subscribers on the mailing list for its A . and Di Gennaro, C . (2009) Political protest Italian-style: The daily newsletter (according to a post published on 13 April at 14:58) . blogosphere and mainstream media in the promotion and coverage The last available data provided by Technorati in 2008 estimated 7 5. of Beppe Grillo’s V-day, First Monday, 6 December . firstmonday . million unique visitors per month (250,000 per day) . org/htbin/cgiwrap/bin/ojs/index .php/fm/article/view/2740/2406

134 / Global Information Society Watch 2010: The foundation of a movement (even if there is now a much smaller political In 2010, Grillo and his online and offline followers group defining itself as the Italian Pirate Party) . In decided to scale up their social and political en- reality the Five Star Movement has some peculiar gagement, and started the Five Star Movement . features and differences that distinguish it from Grillo said, “The spirit of the Five Star Movement the European Pirate Parties, such as being formed can be summarised in two words: transparency around a well-known public figure, as well as using and participation, both possible thanks to the the issue of fighting corruption in politics as a cat- diffusion of the internet .” The five stars represent alyst . Grillo referred to the Movement as a kind of the five basic points of the shared programme “hyper-democracy” that has been enabled by the developed through online consultation: water, internet . In a book of essays he co-authored with environment, transport, connectivity and growth . Casaleggio entitled Siamo in guerra (We Are at Grillo has stated on several occasions that he has War), they theorised that “with the web the barrier no desire to be a leader and to be elected, but between the citizens and the institutions can be only to join, using the internet, people who be- overcome,” and that ideas count more than money lieve in ideals like honesty and direct democracy . on the internet . The hope is that direct manage- ment by citizens in the public sector will replace 2011-12: Electoral success for the Movement the mechanisms of delegating to elected offi- In 2011, the first candidates for the Five Star Move- cials, which has fostered decades of widespread ment ran for office in local elections, chosen using practices of corruption . Casaleggio, a science fic- participatory online mechanisms . And the Movement tion expert, theorised that there is a sort of war gained the first 30 elected positions in municipal, between the “old world” and the new connected provincial and regional governing bodies with a per- world, and the latter will ultimately prevail, with centage at the national level averaging 4% of the a public administration managed through a collec- vote . Newly elected officials from the Movement pi- tive intelligence enabled by the web, which would loted a number of online transparency mechanisms, be able to minimise corruption and misgovernance . such as sharing administrative working documents Action steps on the web, or webstreaming their activities in local elected councils . In May 2012, 101 of the 941 cities in The popularity of an individual artist combined Italy had candidates from the Movement . with the social networking power of the internet Grillo said that the main purpose of the Move- can be critical assets for aggregating a popular ment’s commitment to participation was to “take anti-corruption movement . In this case the success away money from politics .” And he repeatedly also depended on the blog’s content, which needs said that with no financial gain, “politics becomes to have a groundbreaking quality that meets the about passion .” In the 2012 local elections, the expectations of its readers so that it functions as Movement achieved an electoral high point, with an effective vehicle for collective action, while it is a national average of 10% of the vote – with peaks up to the “followers” to self-organise effectively to of up to 60% in some cities, including the election create concrete political actions and proposals for of the mayor in Parma, a provincial capital . During achieving change . the writing of this report (mid-July 2012), polls pre- The artist – or any campaign leader – and the dicted a potential result for the Five Star Movement supporters should be ready to be scrutinised in ranging from 10% to 25% in the next parliamentary their personal life, including their earnings, prop- elections, to take place in Spring 2013 (if not ear- erties and private relationships . The popular figure lier, because of the economic and political crisis) . acting as a catalyst and the movement’s elected of- It is too early to say whether this political success ficial will have to reiterate publicly numerous times of the Movement will translate into concrete and ef- that they have no personal interest in the cause, fective actions to address and successfully tackle the stand to make no personal economical gain, and endemic corruption . But at least it is an unprecedent- have no ambition to destabilise democracy, but that ed attempt to change established bad practices, an their motivation is just to want to honestly improve attempt which has been catalysed through the web . things, in the framework of the democratic setting . Activists should be prepared to be attacked by those who are part of the “old” corrupted system and Conclusions do not want change . The enemies of transparency The Five Star Movement is regarded by some for- and the law will attack the personalities to delegiti- eign observers as an Italian version of the Pirate mise the movement, and they will promote alleged Party that exists in some northern EU countries conflicts of interest . Any movement’s members will

ITALY / 135 be accused of a lack of expertise and knowledge to some cases appeared to have the last say in impor- undermine their claims, as well as of having hidden tant decisions and is also the owner of the official agendas and being guided or influenced by others . trademark of the movement . The precise role and Activists should be ready to tackle these allega- power of Casaleggio is also increasingly under tions, again using the transparency enabled by the scrutiny within the movement . In other words, this internet, which should also be used to create exper- movement born from the web and now transformed tise-based, participatory and meritocratic selection into a political force is suffering from the typical mechanisms for their representatives and elected problems of any strong and ethical civil society- officials . based movement when it enters into the political Finally, the movement will have to deal with arena: it finds it difficult to mediate the various the precise role – and powers – of the leader of the conflicting interests that characterise the politics of movement . In the case discussed above, Grillo in modern and complex societies . n

136 / Global Information Society Watch Jamaica Promoting online advocacy in Jamaica’s fight against corruption

newspapers, for example, sometimes rely on less Mona ICT Policy Centre, encumbered online sources for “cutting edge” news University of the West Indies, Mona Hopeton S . Dunn and Michele D . Thomas exposés, the new media entities also often count on hopetondunn@gmail com. the long-established traditional media institutions to provide credibility and critical analysis of their web-generated news content . This was evident in Introduction the relationship between the whistleblowing site In 2011, Jamaica received a score of 3 .3 (with 0 WikiLeaks and a number of traditional news organi- being highly corrupt) on the global Corruption sations, including the Jamaica Gleaner.4 Perceptions Index published by Transparency In- It is against this background that this report ternational . While the country continues to enjoy examines the use of online and social media news stable government and growing inward investment, outlets in discussing transparency, new media and corrupt practices have been reported in the public good governance in Jamaica . With the rise of the and private sectors, with the country being ranked networked economy and the transformational role 86th of 183 countries surveyed globally . Ranking in of the internet, we have seen a rise in these “new this problematic range has been assigned to Jamai- media” platforms which challenge the traditional ca for several consecutive years . modes of media operation while creating oppor- It is well documented that corruption as well as tunities to engage in new and innovative ways of the perception of corruption in government and pri- exposing issues of corruption and promoting trans- vate sector institutions place a great burden on a parency and good governance . At the same time, country’s ability to experience social and economic traditional media remain important because of the advancement and to compete ethically and suc- relatively low levels of internet access, estimated by cessfully in the global space .1 In Jamaica, as with University of the West Indies (UWI) researchers to other such challenged economies, various activi- be below 30% for households in Jamaica in 2010 .5 ties including the forming of advocacy groups and watchdog institutions, as well as legislative reform, Background: Politics and policy have taken place in the past few years in an effort to The history of corruption in Jamaica is well docu- tackle the issue of corruption .2 mented through qualitative and quantitative studies The media have come to be regarded as one of such as those of the Carter Center, the United States those sets of institutions with a formidable role in Agency for International Development (USAID) and combating corruption .3 In addition to traditional the Caribbean Policy Research Institute (CaPRI) . forms, new media are now contributing to the de- As in many other countries, the linkage between mocratisation of access to information, as well as corruption and the political culture is well known . its creation, consumption and use for advocacy on Unethical elements within political parties often socio-political issues such as corruption . This has form corrupt partnerships for their mutual benefit, effectively altered the coveted “gate-keeping” and including around issues of contracts and procure- public “agenda-setting” roles usually ascribed to ment, contributions to political parties, and in the traditional media . securing of needed votes at times of elections 6. At the same time, a new relationship is emerg- Policy and legislative reforms over the years ing between these Web 2 .0 media platforms have sought to address these issues . These have and their traditional media counterparts . While 4 Dunn, H . (2012) ‘Something Old, Something New...’: WikiLeaks and the Collaborating Newspapers - Exploring the Limits of 1 Neuman, L . (ed .) (2002) Fostering Transparency and Preventing Conjoint Approaches to Political Exposure, forthcoming 2013 . Corruption in Jamaica, The Carter Centre . www .cartercenter .org/ 5 Dunn, H ,. Williams, R ,. Thomas, M . and Brown, A . (2011) The Caribbean documents/1038 .pdf ICT and Broadband Survey Jamaica, Telecommunication Policy and 2 USAID (2008) Corruption Assessment of Jamaica . www .acb .gov .jm/ Management Programme, University of the West Indies, Mona . pdf/USAID%20-CorruptionAssessmentofJamaica2008 .pdf 6 Waller, L ., Bourne, P ., Minto, I . and Rapley, J . (2007) A Landscape 3 Munroe, T . (2011) The Role of the Media in Combating Corruption Assessment of Political Corruption in Jamaica, Caribbean Policy and Strengthening Governance . www .cba .org .uk/wp-content/ Research Institute (CaPRI) . www .capricaribbean .org/sites/default/ uploads/2012/03/110718_Roleofmedia .pdf files/text/Corruption%20Report pdf.

JAMAICA / 137 included the passing of the Corruption (Prevention) The case of On the Ground News Report Act, 2001, the Access to Information Act, 2002, the Apart from the traditional media presence, sites Proceeds of Crime Act, 2007 and the Protected Dis- such as On the Ground News Report (OGNR) have closure Act, 2011 . While the media in Jamaica are sprung up in recent times in response to this grow- generally considered to be free, there are worry- ing trend of rapid online information consumption . ing issues, highlighted by the national regulatory OGNR is an entirely internet-based news provider Broadcasting Commission of Jamaica, which con- that was initially established on Facebook in May cern the practice of “payola” in the on-air music 2010 as Jamaica’s first social media news network . selection processes, involving broadcast personnel It was established in response to the perceived engaging in unauthorised and secret pay-for-play lack of rapid news availability during times of deals with corrupt artists and music producers to unrest in Jamaica .9 The timing of OGNR’s start- the detriment of others artists and producers of up is related to a major news flare-up involving high-quality music . At the same time, the media the eventual arrest, extradition and conviction of sector plays an important role in questioning gov- local gangster Christopher “Dudus” Coke, who ernment policies and practices, and radio talk show was wanted by the United States (US) for various hosts in particular provide a forum for the avid par- criminal offences . Coke was linked to a range of ticipation of citizens, contributing to government criminal and corrupt networks in the country and accountability and transparency . To the credit of the was becoming of increasing international interest, government, the restrictive Official Secrets Act was especially for Jamaican diaspora communities in replaced by the Protected Disclosures Act in 2011, the US, Canada and the United Kingdom .10 During thereby enhancing the flow of information through this time of great unrest in the nation, OGNR – with both the traditional and new forms of media . its tag line, “Fast, Accurate, Concise Citizens Jour- Fighting corruption online in Jamaica nalism” – opened up reports on this episode to a global online audience, including mainly young The rise in social networks has promoted collective Jamaicans and attentive Caribbean citizens in the action and campaigning by widening awareness and diaspora .11 In addition to reporting news from its creating what has been referred to as a “cognitive online “reporters” on the ground, it provided ac- surplus” through increased access and collective cess to news from the traditional media, both 7 creativity . There is growing evidence of the impact in Jamaica and abroad, including from the New of the internet in general and social media in partic- York Times, the Guardian newspaper, and The ular in exposing corruption in Jamaica . New media Economist . have helped to provide additional information to It was estimated that there were about 429,160 key communities of interest and to the general pop- Facebook users in Jamaica in 2010 and reports in- ulation about issues of accountability and public dicate that the number has continued to grow at a 8 probity . Jamaican and Caribbean society has dem- fast pace . The latest estimate by monitors at Silicon onstrated a need for information at a faster pace Caribe suggests that just over 690,000 Jamaicans than the timeline of traditional news cycles . were on Facebook in 2012 12. According to Internet Both of the major newspapers in Jamaica, the World Stats, there were approximately 1 .58 million Gleaner and The Observer, now have very active users of the internet in Jamaica in 2010 13. This would online editions which facilitate faster and more di- represent access by close to half of the national rect interaction with the part of the population with population to internet from all sources, including internet access . Increasingly, the most important the mobile phone and not just in the household . breaking news is published online on the websites UWI studies in 2010 indicated that the majority of of these newspapers before the print editions . In addition to websites, traditional media also engage in the use of social media such as Facebook and 9 Murphy, X . (2010) Interview with the founder of OGNR . www . jamaicans com/ar. ticles/primeinterviews/InterviewOntheGroundN Twitter to present and discuss issues reported in ewsReports~print .shtml the news . 10 Freedom House (2012) Freedom in the World 2012 - Jamaica . www . unhcr .org/refworld/docid/503c722c2d .html 11 Paul, A . (2010) Why is Dudus called Dudus?, Active Voice, 28 June . 7 Shirky, C . (2010) How Cognitive Surplus will Change the World . anniepaulactivevoice blogspot. .com/2010/06/why-is-dudus-called- www ted. .com/talks/clay_shirky_how_cognitive_surplus_will_ dudus html. change_the_world .html 12 Riley, I . (2011) Over 500,000 Jamaicans now on Facebook… ohh yeah!, 8 Bekri, D ,. Dunn, B ,. Oguzertem, I ,. Su, Y . and Upreti, S . (2011) Silicon Caribe, 23 January . www si. liconcaribe co. m/2011/01/23/over- Harnessing Social Media Tools to Fight Corruption, London School 500000-jamaicans-now-on-facebook-ohh-yeah of Economics and Political Science . irevolution fil. es wo. rdpress . 13 Internet World Stats (2010) Usage and Population Statistics – com/2011/05/harnessing-social-media-tools-to-fight-corruption-1 pd. f Jamaica . www .internetworldstats .com/car/jm .htm

138 / Global Information Society Watch persons on the internet were those in the 15-34 age in a networked society, which have more access to group and that a great proportion of time is taken diverse, mutually exclusive and novel information .16 up using social networking sites 14. OGNR, for example, did not constitute a network Overall then, both online and traditional news of Facebook friends, but rather a section of mutu- networks provide the opportunity to obtain news ally exclusive citizens that craved participation in from diverse sources, with new media outlets Jamaica’s democracy in more rapid and interactive providing a useful means for engaging in expos- ways . These weak ties allowed for diffusion of in- ing corruption and helping to build a participatory formation which would otherwise not have spread democracy . so widely . This kind of “fast” online journalism and information consumption means that information Online-linked anti-corruption agencies on corruption and other activities can get to the In addition to news organisations, a growing group populace in its original form at a faster rate than the of anti-corruption entities have emerged in Jamai- traditional media could have made it available . ca and have some measure of an online presence . At the same time, news entities, whether tradi- Many of these agencies are visible through web- tional or based on social media, all strive to remain sites and portals, online flyers and news releases, credible so as not to become purveyors of rumour debate threads in social media networks such as or misinformation . Some of the online outlets face Facebook, LinkedIn, Twitter and Blackberry Mes- journalistic and ethical challenges about what senger (BBM), and by way of short video clips on to publish and when . These challenges provoke YouTube . Some specific Jamaican anti-corruption discussion on how this new form of online journal- entities with an online presence are: ism outlets can avoid becoming sources of social pathologies themselves . They also engender dis- • National Integrity Action Limited (NIAL) cussion as to whether the traditional ethical codes • Citizens Action for Free and Fair Elections of media are suitable for these new forms of media (CAFFE) engagement, or what alternative deontological • Jamaicans for Justice (JFJ) guides will be appropriate . The question remains how we can ensure the maintenance of ethical and • Office of the Contractor General (OCG) quality journalism which is necessary in the fight • Broadcasting Commission of Jamaica (BCJ) against corruption while welcoming and encourag- All five websites provide crucial information and ing the growth of new online outlets and the speedy education on access and disclosure issues, anti- dissemination of anti-corruption information and corruption measures, and legislation and practices, analyses . while encouraging citizen advocacy . Of the five en- Conclusions tities surveyed, all but the Office of the Contractor General also have a social media presence on Face- The report examines the growing but still limited book . The level of participation on the majority of presence and impact of online sources of informa- these sites is vibrant, suggesting the growing use of tion and news on corruption in Jamaica . It highlights social media as a source for information and educa- the need for expanding online news dossiers on tion, and the agencies’ web presence as emergent corruption, including the provision of information spaces for new engagements on corruption and which may not otherwise have been made available similar socio-political issues . to the general public . We also highlight the increas- News outlets and anti-corruption organisations ing tendency of traditional anti-corruption agencies with their online presence offer low-cost environ- in Jamaica to be more engaged with the citizenry via ments and dedicated outlets for the rapid diffusion new media online . of information . In the more traditional settings, These sources have assisted in filling an in- dissemination is slow, and more rigidly regulated . formation/participation gap in the fight against Further, online environments can be viral in nature, corruption . However, as with other organisations while providing anonymity, aggregation, inter- like WikiLeaks, continued success in exposing is- activity and instantaneity 15. They also offer what sues of corruption in government and the private Bakshy et al . refer to as the power of “weak ties” sector will depend to a large extent on the conjoint relationships between the old and new media and

14 Dunn et al . (2011) op . cit . 16 Bakshy, E ,. Rosenn, I ,. Marlow, C . and Adamic, L . (2012) The Role of 15 No Bribe Corruption Free India (2010) Why Social Media Can Fight Social Networks in Information Diffusion, International World Wide Corruption, 27 May . www .nobribe .org/why-social-media-can-fight- Web Conference Committee . www scribd. .com/doc/78445521/ corruption Role-of-Social-Networks-in-Information-Diffusion

JAMAICA / 139 between civil society organisations and government • Civil society should expand its reach using watchdog agencies . This new media landscape pro- emerging technologies and social networks vides outlets for citizen journalists, often young in providing information to the public while persons who may not otherwise have a voice in the advocating for increased transparency and country’s quest for democracy . The online anti-cor- accountability . ruption channels create an invaluable connection • Anti-corruption websites and social news media between the local community and the global di- outlets should seek to increase their role and aspora and provide information to those who do not advocacy both in and out of crisis situations . use traditional outlets . Social and other online media can function most • Online citizen media should become more ac- effectively as tools for transparency in national af- tive in exposing inept governance practices . fairs when there is an anti-corruption legislative and • These outlets must continually seek to improve policy framework and citizens who demand greater their professional quality to reflect the tenets probity from their leaders, private sector investors of good journalistic practices, adapted to the and activists . speed and flexibility of the information age . Action steps • New and traditional media should continue to interact as channels of exposure and infor- Clearly, the fight against corruption in Jamaica will mation, especially in societies where internet require close partnerships between the private and penetration remains limited . n public sector, civil society and the media in all their forms . It is also clear that social media through the internet have a real role to play in shaping democra- cy through exposure, education, consultation, and by serving as a catalyst for investigation and action . Accordingly, it is recommended that:

140 / Global Information Society Watch Jordan The internet: a critical tool in exposing corruption

corruption and adopted, in 2006, the Anti-Corrup- Alarab Alyawm 2 Yahia Shukkeir tion Commission Law which criminalises, inter alia, www .alarabalyawm net. bribery . As far as the investigation of corruption-related offences is concerned, the Anti-Corruption Commis- sion (ACC) may investigate any corruption case on Introduction its own accord or based on information from any Jordan is a small kingdom with less than seven mil- party . The ACC also has the right to seize property, lion people in a turbulent region – the Middle East . impose travel bans, and suspend suspects from It is surrounded by big states: Syria to the north, work without pay . While the ACC is a new agency Saudi Arabia to the south, Israel and Occupied that only became operational in 2008, it is notewor- Palestine to the west, and Iraq to the east . Jordan thy that in the first ten months of 2008 it examined allocates more than 25% of its annual budget to 465 cases and transferred 82 cases to the courts or security . In such a turbulent region, the executive other relevant institutions . In 2009, it examined 834 branch of government has relied on the General cases and in 2010, 890 cases 3. The New Amendment Intelligence Directorate (GID), best known by many of the Anti-Corruption Commission Law protects foreigners as the CIA of Jordan . The GID has been whistleblowers .4 a major player in everything that occurs in the Mandated by this new law, ACC developed a country . National Anti-Corruption Strategy for 2008-2012 to In such a situation ex-GID General Sameeh Ba- combat corruption and pursue its perpetrators . The teekhi used to describe himself as the second man main pillars of the Jordanian legal framework to ad- in the country (the first being the King) . Bateekhi dress corruption are the Penal/Criminal Code, the was prosecuted by a military committee at the GID Anti-Corruption Act, and the Anti-Money Laundering and was convicted of corruption in 1994 . He was Act . put under house arrest for four years, and ordered Jordan confirmed the criminalisation of the to compensate the government in the amount of conduct of illicit enrichment through the Financial USD 24 million .1 His story was made public by the Disclosure Law of 2006, which prescribes criteria traditional media – but since the dawn of the in- for declaration of assets and sanctions for failure ternet, how has it been used in the battle against to declare assets . However, the law applies only to corruption? high-ranking officials . Policy and political background Corruption and the battle with online news Jordan scores high levels of corruption in Transpar- Several years after the Bateekhi case, history re- ency International’s annual reports . Many donors, peated itself . General Muhammad Dahabi, who creditors and investors know from their experi- served as GID director from 2005 to 2008, during ence and from other countries that corruption is a the time his brother Nader Dahabi was the prime major hindrance to their goals . Political activists, minister of Jordan (2007-2009), was accused of legislators and young demonstrators who want jobs money laundering, embezzlement and exploitation believe that corruption is a big problem in Jordan . of public office .5 General Dahabi is implicated in a Even the King himself has often emphasised in his case involving between JOD 30 million and JOD 50 speeches the importance of fighting and reducing million (USD 42 million to 70 million) during his corruption . In these circumstances, and as a po- service, and the General Prosecutor ordered his as- litical gesture, Jordan signed the United Nations sets to be frozen . Convention against Corruption (UNCAC) on 9 De- cember 2003 and ratified it on 24 February 2005 . 2 www lob. .gov jo/ui/laws/sear. ch_no .jsp?no=62&year=2006 In the same year, it stepped up the fight against 3 www unodc. .org/documents/treaties/UNCAC/COSP/session4/ V1186371e pdf. 1 www .aawsat .com/details .asp?section=4&issueno=8991&article= 4 www lob. .gov jo/ui/laws/sear. ch_no .jsp?no=62&year=2006 181201&feature=/details .asp 5 en ammonnews. .net/article .aspx?articleNO=15657

JORDAN / 141 The probe into the allegations in the Dahabi approach to interfere in web news content . One of case is part of a wider anti-corruption campaign, the “carrots” is government advertising, and there are an effort that has gained momentum lately under many examples of how the government and private pressure from hundreds of pro-reform protests that sectors use “soft containment” to control the press 10. have been calling for an end to corruption in the When the government fails in convincing web administration, and a reopening of old cases where news outlets to register to be able to secure a share graft is suspected . In most protests in Jordan the of government advertisements, it uses the “stick” common slogan was “fighting corruption”, and Da- (such as bringing charges against them) . habi is widely accused of candidacy fraud in the last Another corruption case raised by web news parliamentarian election . outlets involved the president of the Aqaba Special Another high-ranking official who was targeted Economic Zone Authority, Hosni Abu Ghaida, who by online political news outlets is former Chief of granted several contracts worth millions of dollars the Royal Court Basem Awadallah, who came back to an engineering office owned by his wife . An ex- to Jordan in the early 1990s after his graduation prime minister suspended a development project in from a university in the US . Aqaba as it violated the law .11 Abu Ghaida later re- He had quickly ascended to high positions from signed from his post and has yet to be prosecuted . director of an economic department at the Royal Parliament formed a committee to investigate the Court, to a minister, then to Chief of the Royal Court accusation, but finally the committee found that itself . Awadallah is seen as a symbol of corruption . there were not enough grounds to prosecute Abu Most of the accusations were based on his role as Ghaida .12 an ex-minister of planning and he supervised the In April 2011, six men raided the office of Al- privatisation process in Jordan 6. Muharrir .net in Amman, beating one employee and Whistleblower site WikiLeaks released a cable destroying a computer . The men stormed the office sent from US Ambassador R . Stephen Beecroft in of editor-in-chief Jihad Abu Baidar, threatening to Amman to Washington in 2008, which states: “Royal kill him and burn down the workplace if he did not Court Chief Basem Awadallah, long an object of an- withdraw an article on an anti-corruption commis- ti-Palestinian, anti-reformist anger and resentment, sion investigation of former chief of staff, General is facing yet another round of malicious gossip and Khaled Jamil al-Saraira .13 Saraira’s family admitted slander designed to compel his ouster . This time, its responsibility and asked Abu Baider for pardon, the allegations focused on a guilt-by-association in accordance with local tribal tradition, and Abu link between Awadallah and a human trafficking Baider subsequently dropped the case . case . Despite the fact that Awadallah’s links to the The latest corruption case which is still under in- company named in the case are tenuous at best, the vestigation involves Waleed Kurdi, the former board East Banker tribal conservative campaign of charac- director of Phosphate Company, the biggest public ter assassination continues .”7 company in Jordan . Kurdi is the ex-husband of the Awadallah was accused by a sub-parliamentar- King’s aunt, Princess Basma . Kurdi, who fled to the ian committee of corruption8 and he is now under UK, had paid money to some web news outlets in investigation . order to silence them . The published list of journal- A famous Jordanian poet, Habeeb Azzyoudi, ists who received the money through advertising recently published a poem9 accusing Awadallah of contracts includes a paragraph that gives the com- “selling Jordanian assets and gathering all the evils pany the right to inspect any news related to the of the world early at dawn as he led them in a col- company that will be published on those websites . lective prayer .” Bribing journalists is a well-known phenome- Political news websites are flourishing in Jor- non in many developing countries, including Jordan . dan because the “old media” are considered less General Dahabi was also said to be bribing journal- free in reporting corruption and wrongdoing by the ists so that they attacked his opponents and spiked government . There are more than 200 political news stories . The General Prosecutor in Amman is inves- websites, 40 of which have formed a union . tigating these rumours following a request from the The government is still manoeuvring to control Jordanian Press association (JPA) .14 news websites . Officials use the “carrot and stick” 10 www .alarrabnews .com/newsView php?id=11. 70 11 www .alraimedia com/A. lrai/ArticlePrint .aspx?id=68317 6 www alar. abalyawm .net/pages .php?articles_id=16860 12 www .alrai .com/article/504835 html. 7 wikileaks .org/cable/2008/09/08AMMAN2673 .html# 13 cpj .org/2011/04/cpj-condemns-attack-on-office-of-website php. 8 www alar. abalyawm .net/pages .php?news_id=360474 14 www .watnnews net/NewsDetails. . 9 www sar. ayanews .com/object-article/view/id/132606/title aspx?PageID=32&NewsID=42866

142 / Global Information Society Watch Another case which needs more investigation decision by the Office of the Interpretation of Laws because it involves a member of the royal family which declared that web news outlets were “peri- concerns the Jordan Media Institute (JMI) . JMI is odical publications” and need to be licensed and a private company15 owned by Princess Reem Ali, registered 18. Members of Jordan’s online community the wife of the King’s brother . In 2009 it rented a immediately became concerned that they would government building, the former location of the have to comply with the registration requirements Higher Media Council, for the sum of JOD 100 and rules of liability for journalists and traditional (roughly USD 140) annually . When a journalist re- news outlets . (The Press and Publication Law con- vealed this, the lease was raised to USD 300,000 stitutes the principal tool used by the Jordanian per year, but JMI asked the government to waive government to control the press .) this amount . A number of influential persons have established Access to information, the internet, what is known as a GONGO (government-organised and corruption non-government organisation) to absorb foreign Fighting corruption is best handled with the par- funds that flow into Jordan . JMI had received mil- ticipation of all concerned citizens – but citizens lion of euros, US dollars and donations from these cannot fight corruption without having access to sources . No one has the right to ask where this information and effective access to the courts for money goes . GONGOs are not accountable to any redress and remedy . The internet has a big impact governmental body, even though a GONGO might be on corruption by making information accessible . US initiated by a government employee . Secretary of State Hillary Clinton highlighted that The government thinks that exposing corruption the internet has become the public space of the on web news outlets may negatively affect Jordan’s 21st century – the world’s town square . She said the image abroad, as well as foreign investment . In re- spread of information networks is forming a new sponse to the new media influence, it has tried to nervous system for our planet 19. pass new laws to control the internet . Under pres- One of the most important functions of the me- sure to curb websites which publish reports on dia is to keep watch on the abuse of public office and corruption, an amendment was introduced to the public money . This watchdog role is still valid when Anti-Corruption Law . Article 23 states: “Anyone who it comes to new media – but the media can only con- (…) attributes to another person without a reason tribute to the fight against corruption when they are acts of corruption set forth in article (5)16 of this law free and have the right to access information . which leads to the abuse of his reputation or his The most recent survey on ICT use showed that dignity or assassination of his personality shall be 7 48. million Jordanians – equivalent to 108% of the liable to a fine of no less than 30,000 JDs and no population – had mobile access in 2011, and 38% more than 60,000 JDs [USD 42,000-88,000] .” had access to the internet .20 The internet gives citi- Many journalists feel that this article aims to zens a huge opportunity to access the other side suppress the freedom of expression and has a chill- of stories, and to participate in a counter-public ing effect on the media 17. It is worth mentioning that sphere . It also gives people the opportunity to be- the elected Lower House of Parliament has pro- come “citizen journalists” and “newsmakers” . posed a stiffening of the penalty in the law, but the People’s right to know and to access information Upper House of Parliament, appointed by the King, are of fundamental importance to any democratic has fortunately rejected the amendments . society, and to an effective free press . In Jordan, the When the government lost this battle it tried an- Right to Access Information Law No . 47 of 2007 (FOI) other technique . It drafted a law called “Web News was enacted on 17 June 2007 – the first of its kind in Regulations” to control the content of political news the Arab region . The reasons given for this law were online . The news outlets attacked the proposed law, due to the government “realising that freedom to which it considered a “test balloon” released by the access information is the cornerstone to public and government to measure the reaction of media out- press freedoms . … [I]n order to implement trans- lets . Fortunately, a few days later, the government parency and encourage a public contribution in denied that it was intending to introduce such a law decision making, it was important to take executive – but still it did not surrender . It recently secured a and legislative steps toward facilitating the process

15 www .albaladnews .info/jordannews/showthread .php?t=44976 16 Article 5 mentions the attribution of corruption to public officials . 18 alarabalyawm net/pages. php?news_id=36. 7647 A similar law existed in the US 222 years ago: the Contempt Act of 19 www state. .gov/secretary/rm/2010/01/135519 .htm 1789 . 20 www tr. c .gov .jo/index .php?option=com_content&task=view&id=2 17 alarabalyawm .batelco .jo/pages .php?articles_id=17077 014&Itemid=978

JORDAN / 143 Table 1 Press freedom and Year 2007 2008 2009 2010 2011 RSF Press Freedom Index1 122 128 112 120 128 Transparency International 53 47 49 50 56 Corruption Perceptions Index2 1 . en .rsf .org/press-freedom-index-2011-2012,1043 .html 2 . www .transparency .org/policy_research/surveys_indices/cpi of access to information, for citizens and journalists According to the annual press freedom indices as well .”21 This means that Jordan is committed to by Reporters without Borders (RSF)24 and Freedom adhere to the principles of transparency and rule of House,25 Jordan is not free . If journalists and “citi- law . zen journalists” are threatened by penalties they Despite this, Jordan has a long tradition of se- will not be able to perform their role properly in crecy when it comes to accessing information . The exposing the wrongdoings of officials, influential Law on the Protection of State Secrets and Docu- businesspeople and other corrupt individuals . ments (PSSD) (Provisional Law No . 50 of 1971) is Table 1 illustrates Jordan’s scores in the Press considered the main law that suppresses and curbs Freedom Index by Reporters Without Borders and access to information in the country 22. The civil soci- the Corruption Perceptions Index by Transparency ety organisation Article 19 described this law as “an International in the last five years . octopus-like law [that] actually turns all information in the possession of the State into confidential infor- Conclusions mation unless publication thereof is authorised .”23 The radical change in the Arab world is a triumph After five years of Jordan’s FOI law, there remains for new media . The old media did not do their job a need to improve it through several amendments, as a watchdog properly – unlike new media jour- to raise public awareness of it and to encourage nalists who are braver in tackling issues related people to “test the limits” of the government to see to corruption . In some cases web news outlets are how it reacts . It will also be a great step forward if less professional than the old media and the own- the Kingdom reforms the PSSD law, which violates ers think that defamation laws do not apply to the internationally recognised principles on access to internet, which is not the case in Jordan . information . Without amending this law, FOI will re- Newspapers generally have a system for main an insignificant initiative . checking facts to avoid legal liability . If internet The benefits of free media in fighting corruption news outlets want to be credible they ought to be are appreciated by many scholars and specialised trained in the practice of good journalism, as well NGOs . Transparency International showed in a 1999 as investigative journalism, so that they can handle study that there is a direct correlation between the corruption stories – after all, corrupt officials know level of press freedom and the level of corruption . how to be corrupt without leaving a visiting card The more press freedom, the less corruption . A glo- behind . bal study on IT and corruption conducted in 2011 While it seems that Jordan’s government will not indicates that an increase in access to the internet stop trying to transform the media from watchdog by 20% in any country lowers corruption by 0 .60 to lapdog, it seems equally clear that a free press points . This very clearly supports the argument that and the internet can play a vital role in fighting cor- the greater the internet penetration, the lower the ruption . It is therefore critical to protect both . corruption levels . Internet and social networking sites like Facebook and Twitter are powerful weap- Action steps: ons that can curb the menace of corruption and lead • The internet can be a vital tool in fighting cor- to greater transparency in public life . ruption – the Anti-Corruption Commission cannot fight corruption alone . Because of this 21 www .alarabalyawm .net/Public_News/NewsDetails . aspx?NewsID=8310&Lang=1&Site_ID= the internet needs to be protected . 22 Article 19 has issued a memorandum on the “Jordanian Draft Law on Guarantee of Access to Information”, December 2005: www . article19 .org/pdfs/analysis/jordan-foi .pdf 23 Article 19 (1997) Blaming the Press: The Crisis of Democracy in 24 en rsf. or. g/press-freedom-index-2011-2012,1043 .html Jordan, London, p . 107 . 25 www .freedomhouse .org/template cfm?page=66. 8

144 / Global Information Society Watch • Improve infrastructure to facilitate internet ac- • Lobby against the licensing of online news cess and to reduce the cost of subscribing to outlets . This is not in line with international internet service . standards and best practices . • Abolish the Law on the Protection of State Se- • ICT activists need more training in good journal- crets and Documents, or at least amend it to istic practice, especially investigative reporting . meet international standards and to comple- Corrupt individuals may win the battle when ment Jordan’s FOI act . “citizen journalists” without knowledge of the • Amend existing legislation and develop new law fail to back up their accusations with proof . laws to ensure that the right to know is secured . This means that the internet could give corrupt This includes passing laws to ensure the right to people a window of opportunity to clear them- access online information . selves of allegations of corruption . n • Shift defamation laws from criminal defamation to civil defamation . Governmental executive, legislative or judicial institutions should not be protected by criminal laws in the case of defam- atory statements related to corruption .

JORDAN / 145 Kenya Open data and the challenge of transparency

the lands ministry, judiciary and procurement sec- Kenya ICT Action Network (KICTANet) Alice Munyua tor . Most recently (in 2011) it launched an open data www .kictanet .or ke. initiative . The open data initiative makes previously held government data available to the public as a way of improving governance, transparency and citizen Introduction and background participation and reducing corruption . According Kenya was ranked 154th out of 182 countries on to the permanent secretary in the Ministry of Infor- the 2011 Transparency International Corruption mation and Communications, Bitange Ndemo, the Perceptions Index .1 It is considered the most cor- government’s reform efforts to reduce corruption rupt country in the East Africa region . In June 2012, are centred on the new constitution that supports industrialisation assistant minister Ndiritu Muriithi good governance, integrity, accountability and noted that Kenya loses KES 400 billion (USD 4 .549 transparency, as well as the national development billion) through corruption every year and, despite blueprint, the Vision 2030 Plan, which focuses on various initiatives to tackle corruption, there have public sector reforms and developing world class been major setbacks with a number of corruption infrastructure . scandals that have damaged the current govern- Open data can be defined as “data sets that are ment’s credibility . Afro Barometer 2008 notes that a made accessible in a non proprietary format under large proportion of Kenyans believe all or most pub- licences that permit unrestricted reuse .”4 It is also lic officials, including the president, to be involved defined as “the democratic use of data to enable in corruption 2. The police are considered the most citizens to access and create value through the re- corrupt, followed very closely by parliamentarians use of public sector information .”5 and government officials . The media and civil soci- Kenya’s open data initiative was the first in ety are the most trusted groups . sub-Saharan Africa to develop an open data portal The former head of the Kenya Anti-Corruption making over 160 key government datasets freely Commission (KACC), PLO Lumumba, notes that available through a publicly accessible online portal . the identifiers for corruption are poor leadership, According to the Kenya ICT Board, the government absence of public participation in governance, body responsible for this initiative, the goal is “to weak institutions, lack of accountability, transpar- make core government development, demographic, ency and political will, weak ethical values and a statistical and expenditure data available in a use- weak judicial system, among others .3 Corruption ful digital format for researchers, policymakers, ICT continues to pose a serious challenge with severe developers and the general public .”6 consequences ranging from poverty and disease to The initiative intends to support greater public famine and conflict . sector transparency and accountability, essentially According to the World Bank, information and changing the nature of citizen-government engage- communications technologies (ICTs) can reduce ment . According to the Kenya ICT board, the release corruption in the public service by increasing trans- of government-held data will provide a vehicle for parency and accountability . The past several years increased public outreach and improve public inter- have therefore seen an increased focus on using action with government, thereby leading to a more ICTs as tools for accountability, transparency and citizen-responsive government . the reduction of corruption . For example, the Ken- Another objective is to provide a platform for yan government has launched several initiatives third party applications and opportunities for to automate and digitise public services, including 4 opendefinition .org/okd 1 cpi tr. ansparency .org/cpi2011/results 5 Rahemtulla, H ., Kaplan, J ., Gigler, B -S. ., Cluster, S ., Kiess, J . and 2 www .afrobarometer .org/results/results-by-country-a-m/kenya Brigham, C . (2011) Open Data Kenya: Case Study of the Underlying 3 Lumumba, PLO (2011) Fighting corruption in Africa: The case for an Drivers, Principal Objectives and Evolution of one of the first Open African association of anti-corruption authorities, paper presented Data Initiatives in Africa . www scribd. .com/doc/75642393/Open- at the First African Anti-Corruption Conference, Bujumbura, Data-Kenya-Long-Versionera Burundi, 20-22 June . 6 www ictboar. d .go .ke

146 / Global Information Society Watch innovation, entrepreneurship and development of replacing the old Kenya Anti-Corruption Commis- technologies, which would enable the creation of sion (KACC) . The mandate of the EACC includes the new services based on open data . To this end, the examination of practices and procedures of public developer community, business and social entre- bodies, the investigation of corruption and econom- preneurs are creating innovative applications, tools ic crime, and educating the public on corruption and visualisations to repurpose and enrich the data and economic crime . The EACC has the power to – and in doing so turning public sector informa- prosecute, but this needs to be bestowed by parlia- tion into new services and products . For example, ment; because of this it currently forwards cases to the Kenya ICT Board launched the Tandaa digital the Attorney General, which is seen as a potential content grant offering awards to entrepreneurs for weakness . developing applications that utilise the data to pro- Other proposed legislation includes the Data vide services or products . Other projects include a Protection Bill 2012 .7 Both the freedom of infor- partnership with the World Bank, Google, Ushahidi mation and data protection bills are currently and the Kenyan government to make census data undergoing stakeholder consultation . available . Most of the current open data initiatives Kenya is a signatory to the United Nations are, however, focused on developing and stimulat- Convention against Corruption (UNCAC), which ing skills for developers to access and work with provides for international cooperation against the data to increase government efficiency and corruption, particularly on the criminalisation of stimulate socioeconomic development, rather than cross-border bribery, the recovery of assets, and increasing transparency and accountability . law enforcement . There was no legal framework for the open data Policy and legislative context project . Authorisation to launch the initiative with- Kenya’s new constitution was promulgated in out a legal framework was sought directly from the August 2010 . It is expected that there will be sev- president, according to Ndemo . This was seen as eral new legislative frameworks to accompany the the prudent way to ensure that bureaucracy and constitution, which will help embed transparency, the closed government culture did not derail the accountability, integrity and good governance . The project . An Open Data Licence has however been constitution is expected to involve, amongst other developed, which provides guidance on the use and things, the enactment of appropriate laws, for ex- reuse of government data . The licence was adopted ample the Anti-Corruption and Economic Crimes from the United Kingdom Open Government Licenc- Act, and the creation and strengthening of institu- es (UK OGL, 2011), which allow for the copying and tions involved in governance . distribution of information, freely and flexibly, with The constitution has, as its basic pillar, the en- only a few conditions, which include acknowledging gagement of citizens, which has seen increased the source of the information by including any attri- transparency in the development of its subsequent bution statement by the information providers . bills and public vetting of public officers . In addi- Although the government has defined an open tion, objectivity, impartiality and accountability are data strategy and there exist sufficient legislation enshrined as guiding principles for all state offic- and constitutional provisions, some government ers, and parliament is required to enact legislation agencies are still quite reluctant to implement them . translating these principles into an ethics and an- A major barrier is the closed culture within govern- ti-corruption commission . Article 33 of the Bill of ment, caused by a general fear of the exposure of Rights guarantees freedom of expression and Arti- government failures and any subsequent political cle 35 provides the right of access to information . repercussions . The freedom of information legislation is expected to provide for the repeal of the Official Secrets Act The challenges of open data and encourage proactive disclosure . Gurnstein8 and Rahemtulla et al 9. note that open The Anti-Corruption and Economic Crimes Act data initiatives are founded on the premise that eve- 2003 defines and criminalises corruption and estab- ryone has the potential to make use of the data . The lishes rules for integrity and transparency, while the initiatives are launched with ideals of inclusiveness, Public Officers Ethics Act 2003 defines corruption and abuse of office and sets rules for transparency 7 cickenya or. g/legislation?page=3 and accountability . 8 Gurnstein, M . (2010) Open Data: Empowering the Empowered The Ethics and Anti-Corruption Commission or Effective Data Use for Everyone? gurstein wor. dpress . com/2010/09/02/open-data-empowering-the-empowered-or- (EACC) is the new anti-corruption agency created effective-data-use-for-everyone with a constitutional mandate in August 2011, 9 Rahemtulla et al . (2011) op cit. .

KENYA / 147 but unfortunately within societal contexts often Kenya ICT Board CEO Paul Kukubo urges data characterised by inequities, including lack of ICT intermediaries and mobile application providers, infrastructure, knowledge, skills and resources to among others, to act as facilitators and to contextu- make use of the data for their specific needs . This alise data so that it can be easily used by the wider means that citizens are not able to translate open public . He notes that open data is meant to “provide data into meaningful uses unless they have access a platform for intermediaries to build interfaces and to resources . tools that would make the data available in forms According to a 2011 World Bank study, the Kenya of relevant information for citizens to contribute to Open Data portal assumes the public has sufficient socio-economic and political development .” skills to correctly interpret and use the datasets Open data initiatives must also be supported – which means that usage numbers for the Kenya by intensive awareness, education and training Open Data portal are modest . Ndemo has expressed programmes to expand the information capabilities concerns regarding the limited uptake of data pro- of citizens, including the ability to work with data vided10 and continues to urge the media and other visualisation tools, interpret information and un- stakeholders to contribute not only towards creat- derstand public policy processes . In addition, the ing awareness but by developing capacity to enable development of infrastructure including data cen- the interpretation of the data for the public . tres to encourage local hosting and collocation are The release of public sector information without also necessary requirements for open data initia- a proportionate increase in data literacy will do lit- tives to have impact . tle to empower average citizens, allow institutions According to Matt Parker,15 creating a partici- and communities to make smarter decisions, or to patory ecosystem and feedback mechanisms will hold governments accountable . While provision of enable citizens to create useful tools, data visuali- government data and access to information laws sation, analysis, fresh perspectives, and insights, are important they represent only the first step to a and allow for mixing and mashing to produce real- more informed citizenry 11. time, relevant perspectives . Only then do open data The next step should involve understanding initiatives become really valuable in enhancing which groups are in a position to make use of this democracy 16. available data and addressing barriers that limit One area that is fraught with possibilities of access, such as information literacy, infrastructure, corruption is the procurement process . Making and digital inclusion, among others 12. This requires available and publishing the results of requests for the existence of supporting factors, which include proposals would help enhance transparency and a reliable and robust ICT infrastructure, an ICT-liter- accountability . In addition, as Kenya is gearing up ate community, supportive governance and political for elections in 2013, publishing voter registration will, as outlined by Zainab et al 13. to see people listed on the voter roll would provide Input from citizens is also critical . Crowd-sourced the public with the opportunity to challenge the list- data and information platforms, such as Ushahidi,14 ing of persons who do not exist or may be deceased which was originally developed to monitor 2007 several months before the elections, and in doing post-election conflict in Kenya, are now being de- so, preventing possible voting fraud . ployed in a number of anti-corruption settings, and Ensuring that the datasets released do not vio- the use of social media like Twitter (#twitterbigstick late civil privacy laws is another issue that needs and #twitterthumbsup) enables citizens to report to be considered . While government should be cases of corruption and inefficient public services, open to scrutiny, it should not compromise citizens’ among others . The various tools must accept online rights to privacy or maintaining control of their self- and SMS submissions to allow as many citizens to presentation . O’Hara17 argues that for transparency engage as possible . programmes to succeed, privacy is a necessary con‑ dition . One way to ensure this is to reassure the public that its privacy is a central concern whose protection is entrenched in decision-making proc- 10 KICTANet discussions, 2011 . esses for open government initiatives . 11 Boyd, D . (2010) Transparency Is Not Enough . www .danah .org/ papers/talks/2010/Gov2Expo .html 12 Gurnstein (2010) op . cit . 13 Zainab, A . N ., Abdullah, A . and Edzan, N . N . (2002) An Information and Communication Technology (ICT) Enabled Knowledge-based 15 www guar. dian co. uk/v. oluntary-sector-network/2012/may/25/ Malay Society, Malaysian Journal of Library and Information open-data-charities-advice Science, 7(1), p . 1-15 . 16 Ibid . 14 ushahidi .com/about-us 17 eprints .soton ac. .uk/272769

148 / Global Information Society Watch The more governments comply with the citizens’ Action steps demands for transparency, and better and more ef- ficient ways to mash up the data provided emerge, • Research the impact of open data on transpar- the more demands there will be for increased ency and corruption to provide an evidence transparency 18. base . • Create awareness of the potential of open data Conclusions and recommendations and advocate for collaboration and networking Open data has the potential to provide raw mate- with industry and governments . rial for informed policy making, offer an empirical • Civil society should take on the role of infor- foundation for developing solutions to various chal- mation intermediaries on particular issues, for lenges, convene informed discussions about various example, health and education . They should challenges, and contribute to the fight against cor- then use this position to collaborate on open ruption . However, the relationship between open data initiatives in those sectors . data, democratic participation and the reduction of corruption is not yet clear . • Organise “hackathons”19 for groups/individuals More research is required to improve the interested in hacking corruption, where citizens evidence base and demonstrate the multiple (socio- come together to create tools that will help pre- economic, political, cultural) impacts of open data vent collusion and corruption . n on anti-corruption efforts, and to make the case for the use of the internet to fight corruption . Participatory approaches need to be imple- mented to help foster open government and accountability . Government institutions and corpo- rate entities should continue to actively open up data and establish successful and effective open data policies . They should continue to develop in- formation infrastructure in such a way that it lays a foundation for transparency and accountability efforts .

18 Lessig, L . (2009) Against Transparency: The perils of openness in government, The New Republic, 9 October . 19 en wikipedia. .org/wiki/Hackathon

KENYA / 149 republic of Korea The current status and problems of information disclosure in Korea

When the Korea-US Free Trade Agreement (FTA) Korean Progressive Network Jinbonet Minkyung Jung was ratified, it was revealed that there were ap- www .jinbo net. proximately 500 translation errors in the Korean version of the text of the agreement, which caused a stir in Korea . Civil society requested that the Min- Introduction istry of Foreign Affairs and Trade release an errata in the Korean version of the FTA text listing the er- Public officials often complain that when a sensi- rors discovered as the result of proofreading, but tive political issue arises in Korea, false claims or the ministry refused to do this . In the lawsuit that rumours regarding the issue run rampant on the followed, the Seoul Administrative Court ruled that internet . For example, in 2008 there was a contro- “the government should disclose the errata text for versy around importing American beef, and many the Korean version of the Korea-US FTA,” but the claimed that people can contract mad cow disease government has yet to comply . Such lack of trans- just by using a product made from a cow that had parency has grown even worse during incumbent the disease . In response, the Ministry of Justice an- President Lee Myung Bak’s administration . nounced that the persons responsible for spreading these claims would be arrested . In March 2010, the Policy and political background Cheonan warship, which belonged to the Republic Korea’s information disclosure programme began in of Korea Navy, was sunk in the seas near Baeng- 1992, when Cheongju City legislated its Information nyeong Island . Though the government officially Disclosure Ordinance . After the enactment of this stated that it was a North Korean torpedo that sunk ordinance, the Law on Information Disclosure by the warship, internet users who did not believe the Public Offices was passed and proclaimed in 1996, government’s statement posted their doubts on and went into force on 1 January 1998, making Korea websites . The Korean government labelled these the 13th state in the world to adopt a law on infor- as “Cheonan warship rumours” and prosecuted the mation disclosure . authors under the charges of “disseminating false Amendments were subsequently made to the information” . On 28 December 2010, the Constitu- law in order to reflect the changes in telecom- tional Court ruled that the law used to indict the munications, and in 2006 an online information internet users (the Basic Telecommunications Act, disclosure system1 was established so that users Article 47, Clause 1, “Clause on False Communica- can conveniently search for and request informa- tions”) was unconstitutional . However, the Korean tion, be notified of results, and view information government is still adhering to its policy of deleting conveniently on a single site . Recently, with the what it calls false information and claims and pun- increasing use of information and communications ishing the authors of these claims . technologies (ICTs) such as smartphones, citizens Koreans citizens post many “rumours” or ex- are demanding a departure from the traditional press public doubt on the internet because they method of requesting and disclosing information, do not trust the government’s announcements; and and a move to Government 2 .0, in which public this distrust stems from a lack of transparency in the offices construct public services based on online way the government discloses information regard- information sharing and guarantee citizens’ partici- ing important issues . When the Cheonan warship pation in this way . was sunk, a group calling itself the “Citizens Peti- tioning for Information Disclosure Regarding the Current status of information Cheonan Warship”, led by civil society, expressed disclosure in Korea doubt over the government’s statements and filed a request for information disclosure to the Ministry of Requests for information disclosure are increasing National Defence (MND) and the Board of Audit and in Korea . In 2010, the number of requests reached Inspection of Korea (BAIK) . However, both the MND 421,813, which is 16 times more than the 26,000 and the BAIK decided not to disclose the informa- tion, citing national security . 1 www open. go. .kr

150 / Global Information Society Watch requests recorded in 1998 when the Law on In- in charge, department in charge, document number, formation Disclosure came into force . However, and the document’s specific purpose . However, information non-disclosure based on a variety of there are only five ministries that comply with this reasons still limits information accessibility . The regulation . The Ministry of Education, Science and information disclosure rate of Korean public offices Technology discloses no information on its infor- was 90 .5% in 2006, 90 .8% in 2007, 91 .1% in 2008, mation log except document title and document 91 .4% in 2009 and 89 .7% in 2010, maintaining an number, and the Ministry of National Defence also average of 90% . The Law on Information Disclo- does not disclose many information categories . The sure by Public Offices outlines nine regulations Ministry of Strategy and Finance has not disclosed that govern disclosure . According to the analysis of its information log since January 2011 4. the causes of information non-disclosure, the over- In addition, the central administrative insti- whelming majority of the reasons for non-disclosure tutions do not disclose reports on outsourced in 2010 were absence of information (15,620 cases research, the prime example of which is the Ministry or 47%) and legal confidentiality (10,914 cases or of Foreign Affairs and Trade’s outsourced research 33%), followed by protection of individual privacy regarding the FTA . From 2005 to 2010, the Ministry (2,724 or 8%), obstruction of fair execution of of- of Foreign Affairs and Trade signed 31 contracts for ficial duty (1,100 or 3%) and prevention of exposure outsourced research in connection with the Korea- of business secrets (1,054 or 3%) 2. US and Korea-EU FTAs, none of which have been disclosed to the public . By not disclosing even the The problem of information non-disclosure basic information they are required to, the central in the central administrative government administrative institutions are infringing on the In 2012, Korea scored the highest on the e‑gov- people’s right to know . ernment index in the United Nations survey on electronic government . On the other hand, Korea Problems in maintaining records ranked 43rd out of 183 countries in Transparency In 2010 it was revealed that the Public Ethics Divi- International’s Corruption Perceptions Index 3. sion of the Korean Prime Minister’s Office performed Given this, it is clear that the development of illegal surveillance on Kim Jong Ik and the private e‑government does not guarantee transparency in company he works at, a revelation which sent government . Furthermore, administrative manage- shockwaves through Korean society . Kim Jong Ik ment has grown more closed during the present criticised the policies of the Lee Myung Bak admin- government . istration and posted video clips featuring the mad Central administrative institutions show a cow disease incident on his blog, which appears to higher rate of information non-disclosure than have prompted the illegal surveillance . When the other public offices . The information disclosure Prosecutor’s Office proceeded to investigate, the management status of the central administrative Public Ethics Division destroyed the hard disk on institutions shows that the non-disclosure rate is their computers, thereby destroying the critical evi- on the increase, rising from 11% in 2006 and 2007 dence in the illegal surveillance case . In early 2012, to 16% in 2008, 17% in 2009 and 20% in 2010 . The the employee of the Public Ethics Division who at- government explains that this is because they “pos- tempted to destroy the evidence testified that “[t] sess and manage a substantial amount of sensitive he Blue House [the President’s office] instructed the information relevant to policy decisions and nation- destruction of evidence in the illegal surveillance,” al security .” This means that, unlike ordinary public which caused yet another uproar in Korea . information, information critical to national issues As can be inferred from the case, Korea is not is not often disclosed . adept at maintaining records . In 2009, the Lee My- According to the Ministry of Public Admin- ung Bak administration had in reality stopped the istration and Security’s Information Disclosure appointment of professional record managers, and Management Manual, 15 administrative ministries in 2010 unilaterally submitted a bill that facilitates are required to disclose eight types of information the destruction of records and eases the qualifica- in their information log, namely the document ti- tions to become a professional record manager tle, documentation date, duration of preservation, under the euphemism of “amending internal ad- whether the document is disclosed or not, employee ministrative regulations .” For this reason, though

2 Ministry of Public Administration and Security (2010) The Annual 4 Information Disclosure Centre for Transparent Society (2011) The Journal of Information Disclosure . Status of Information Logs in Public Offices . www .opengirok . 3 www .index .go .kr or kr/2646.

REPUBLIC OF KOREA / 151 the law stipulates that professional record manag- change in the practice of sharing construction work ers must be assigned to public offices, many offices in progress .6 Both cases saw daylight thanks to the do not have record managers – and even those with leadership shown around Government 2 .0, and also professional record managers employ them as part- due to the active participation of civil expert groups, time contractors, making it very difficult for them to led by the Information Disclosure Centre for a Trans- fully utilise their professional expertise . parent Society 7. To resolve this issue, the law must be amended In 2011, Seoul City opened the Seoul City Mobile so that persons who destroy or terminate records Public Information Open API Service8 so that any or media that contain records without authority are private smartphone application developer can use legally punishable . In addition, civil society and ex- Seoul City’s public information . perts assert that a mandatory procedure for record destruction must be established, so that prior to Conclusion destruction the institution that created the record In Korea, ways of accessing public information are must be consulted, professional record managers limited for citizens, but there is a wide range of at- must evaluate the case, and a record evaluation tempts to develop government transparency and committee that includes outside expertise must to enhance the citizens’ utilisation of public infor- evaluate the record . mation . However, there are discrepancies in the provision of public information service between New trends in information disclosure service local governments, and the central government In 2009, a high school student created and dis- does not actively pursue projects that encourage tributed a smartphone application that provides information disclosure, such as promoting citizen information about the bus schedule and routes participation . in the capital area . But the Korean government To construct a public information service based blocked the application, saying that the developer on Government 2 .0, Korean experts say that amend- of the application used public information without ments in the legislative system, improvement of consulting in advance . As public sentiment turned public information management, improvement in against the government, the block was removed, technology and improvement in organisational but this case does illustrate how the Korean gov- culture are required . First of all, we must provide ernment has a practice of restricting the people’s information disclosure standards beginning with free use of information, despite emphasising the production stage of public information, so that e‑government . Furthermore, this case triggered an task management departments can make deci- increase in people’s demand for free use of public sions on announcements and the disclosure and information . non-disclosure of information objectively . In addi- Government 2 .0 has been rising steadily in tion, improvements must be made in institutions, Korea, accompanied by diverse experiments . The laws, ordinances and rules regarding information first experiment was “Local Council 2 .0” by the disclosure . Second, we must strictly manage the in- Gwacheon City Council and “Seoul Education formation that is produced and managed by public 2 .0” by the Seoul Metropolitan Office of Educa- offices . Third, we must move away from the exist- tion . Following the Transparent Council Operation ing situation where information is provided through Guidelines, the Gwacheon City Council pledged to a single channel, and provide diverse routes of post a full copy of the council president’s and coun- accessing public information . Fourth, we must im- cil vice president’s business finances online every prove the basic attitude of public office employees month, as well as to post a detailed breakdown of regarding information disclosure, sharing and use . expenses used to support councillors’ study-abroad We must also provide the employees with regular programmes within their first month of study . Mean- education and training programmes on the topic . while, for the first time among education offices Finally, when there is an improvement in organi- throughout Korea, the Seoul Metropolitan Office of sational culture, public information disclosure will Education decided to fully publicise not only its own impact on all aspects of public office, and be part of building construction process, but all the construc- everyday work . tion processes that take place in any of its affiliated organisations and schools . The Office of Educa- tion provided this service through the Transparent 5 6 Kim, Y . S . and Jeon, J . H . (2011) Study on Public Information Service Education Administration website . This triggered a Based on Government 2.0: Domestic Application Cases . 7 www .opengirok or. .kr 5 open .sen .go .kr 8 mobile openapi. .seoul go. kr.

152 / Global Information Society Watch Action steps • We must narrow and specifically define the Spearheaded by the Information Disclosure Centre cases for information non-disclosure to prevent for Transparent Society, Korean civil society has arbitrary non-disclosure . been engaging in campaigns to increase requests • We must reinforce punishment for persons who for information disclosure, evaluating the informa- destroy records without authority, and prepare tion disclosure status of public offices, developing stringent record termination procedures . and managing information disclosure application • We must challenge and change the central ad- news sites, and monitoring systems related to the ministrative institutions’ practice of information right to know in order to increase the transpar­ency non-disclosure . n and accountability of public offices . To achieve information transparency and prevent national cor- ruption, the following institutional improvements must be made . • We must build a Government 2 .0-based public information service to expand prior information disclosure efforts, and provide public informa- tion in a way that is easy for citizens to search and access in order to increase the usefulness of information .

REPUBLIC OF KOREA / 153 Ky rgyzSTAN ICTnd s a cORRUPTION: The necessary oversight of civil society

Deaths on the road: Civil Initiative on Internet Policy (CIIP) Artem Goryainov Putting the brakes on justice www .gipi kg. In August 2012, a traffic accident occurred that led to deaths of three young people (aged 21 to 23) . Azamat Isaev, the son of the mayor of Bishkek, was Introduction responsible for this tragedy, but was hospitalised The overthrow of the regime of former president without being tested for drugs or alcohol . The in- Kurmanbek Bakiev in 2010 led to significant chang- cident was actively discussed in different media . es in the political situation in Kyrgyzstan, the most Nevertheless, officials kept silent on the investiga- important being the transition to a parliamentary tion’s progress despite journalists’ requests and the constitutional system . Given that the main reason public’s response . After a month, Isaev was charged for Bakiev’s removal was corruption (which included with the fatal car accident . A month later, just before his family), the issue of corruption receives a lot of the case was taken to court, relatives of two of the attention in current political discourse . three victims of the accident withdrew the charges . Corruption has received much attention on- The trial was also later adjourned several times for line, on social networks and on news outlets . numerous reasons . The current president, Almazbek Atambaev, has During this period the court agreed to an ap- proclaimed the anti-corruption drive as a prior- plication by the mayor for hearing the case outside ity activity and established an anti-corruption of the spotlight of the media . Contradictory state- service under the State Committee for National ments were also made by the mass media: the Security . It has already investigated several cases advocate of the accused allegedly declared that the of corruption that were highlighted in online media third relative had also abandoned the case, but at coverage . Nevertheless, for the last seven years the same time, the third relative told journalists that nobody has been charged with corruption . The ju- he would not abandon the case and would push diciary is not independent and remains dominated through to its completion . However, after a week, by the executive branch – and because of this it the judge dismissed the case, reportedly because takes decisions in favour of officials or those who of the uncertainty over whether or not the third rela- offer bribes . This corruption affects all stages of tive would continue to press charges . proceedings, especially when the case concerns In fact, the judge dismissed the case after the high-profile officials . third relative had abandoned it, a week after telling In 2011 the number and popularity of online journalists that he would pursue it to completion . news agencies increased significantly, allowing The court decision caused a wave of public in- people to receive information on different events dignation on social networks and forums . After and from different points of view faster than more than two weeks of continuous discussions through traditional media . Given a rapidly devel- online, including calls for the removal of the mayor, oping information and communications technology Isaev appealed to the court to rescind the judgment (ICT) sector, and the increasing penetration of the and to pass a guilty verdict . As a result, he received internet, especially mobile 3G services which are a seven-year suspended sentence with probation currently offered across the country, the govern- for two years . This was in line with a vehicle viola- ment has established several online resources tion, but had nothing to do with the deaths that the presumably aimed at increasing accountability accident caused . It was the most lenient sentence and transparency . These include a portal on gov- he could receive under these conditions, especially ernment purchases and acquisitions, and an given the three deaths . “open budget” portal . Online anti-corruption serv- Later there were several similar road acci- ices were also launched by the Ministry of Internal dents involving different officials and their drivers . Affairs and the State Committee for National Se- These involved the driver of the head of the State curity, but there is no evidence of their popularity Committee for National Security, Keneshbek Dush- and effectiveness . ebaev, and the driver of parliamentary deputy Irina

154 / Global Information Society Watch Karamushkina . In both cases deaths occurred, and as transparent as possible . Fourteen of 20 relatives still none of the guilty parties was charged . In addi- of members of parliament did not pass the test . tion, there have been cases involving officials from After the results of the tests were published the Ministry of Internal Affairs . online, pressure on the selection committee mem- Every case causes widespread debate on fo- bers started when they received phone calls from rums, social networks and online news sites . But relatives of those tested with requests to alter the this is clearly not enough . None of the cases has results of the tests . Some members of parliament resulted in appropriate punishment . The most scan- claimed that the competition was a violation of hu- dalous incident – a car accident involving an official man rights and called for the nullification of the in the Ministry of Internal Affairs – attracted the at- results of the test . There were also calls to declare tention of the prime minister due to the publicity it the new service unlawful . However, the service was received online . The official hit and killed a pedes- created and started its work . During the first three trian and fled the scene of the crime . According to months of its activities it discovered violations witnesses, the official was drunk while driving . amounting to KGS 290 million (approximately USD However, two months later, the criminal proceed- 6 .2 million) . ings were terminated due to the “absence of corpus It was proposed that the same process be fol- delicti” (proof that a crime has been committed) lowed in the selection of judges for the Supreme and the offender continued to work in the ministry . Court, which is also considered to be one the most After intense discussions of the case online, and a corrupt state structures . In contrast to the selec- meeting between the prime minister and minister tion process for the State Service for Combating of Internal Affairs, the prime minister ordered that Economic Crimes, where the selection committee the case be investigated, and the official involved included representatives from the government, in the accident dismissed . Nevertheless, it was later business sector and civil society, the selection revealed that the official had resigned instead . committee for the judges of Supreme Court was formed by the judiciary, parliamentary majority and parliamentary opposition . The selection process in- The role of ICTs in new approaches volved three stages: in the first stage they checked to transparency the legal and other documents of candidates, their In March 2012, a new anti-corruption agency called property and holdings, and criminal records . In this the State Service for Combating Economic Crimes stage they also investigated all complaints about was established . This replaced an agency called candidates that were received, including via email the Financial Police that was ironically considered or online . From the final list of candidates more than the most corrupted government body by the prime 20 appeared to have made judgments that were in minister . During almost 20 years of activity by the violation of legislation – suggesting they were ei- Financial Police, there were no disclosures of cases ther unskilled or corrupt . of corruption . Yet most of the staff in the agency However, it is important to note that the official were taking bribes for small violations and shelter- investigation in the first stage was very basic and ing dodgy business deals . subjective . For example, the information on the An open announcement was made to fill the candidates was discovered as a result of an inde- posts in the new service . The selection committee pendent investigation conducted by an NGO . consisted of representatives of the government, civ- The second stage in the process aimed to reveal il society and the business sector . Email addresses the professional knowledge and moral standards of were also created where people could submit in- the candidates . One of the tools was a computer test formation about candidates’ offences . Every piece to check the competence of candidates in different of information was thoroughly investigated, and fields of law . In this case, however, the questions for based on the results of the investigation, candi- the test were made as simple as possible, and the dates could be disqualified . During the selection average score was 9 .15 out of 10 – almost all candi- period, 37 emails were received and 35 candidates dates easily passed . were disqualified due to the information contained Due to the automated system of scoring, all in the emails . After every stage of the process, the results of the selection process were shared on- government’s official site and online news agencies line, including detailed information on the scores published all the results of the stage for each can- given to candidates by members of the selection didate . At the beginning of the call the candidates committee . were tested using a computer programme and the The third stage involved voting by members of results were broadcast on TV, making the process the selection committee for candidates who had

KYRGYZSTAN / 155 reached the final stage . This was potentially the Action steps most subjective stage in the selection process and it proved to be so . According to the results of the • ICT and civil society activists should use online voting, many on the selection committee voted for platforms for discussions more actively, organ- the candidates who had the lowest scores, and the ising events that can help to force state bodies most competent candidates according to the scores to take measures against corruption . were not voted for . Because of this, despite the use • Create specialised online resources aimed at of ICTs and wide and immediate online coverage, providing facts on corruption and supporting a the selection process was as subjective as before, citizen-led campaign against corruption . Moni- and, as a result, subject to corruption . tor all investigations of cases of corruption and Given the above, we can say that in Kyrgyzstan cover all violations made during the process . there are two different tendencies when it comes to • State bodies should investigate all instances of using the internet in the struggle against corruption . corruption reported in the media, and in doing One of them is the struggle that comes from the com- so demonstrate the state’s firm commitment to munity push for change and for the state to react to fighting corruption . n events that receive coverage online – including on social networks, discussion forums and online news sites . At the same time, state institutions actively use ICTs in their activities to demonstrate transpar- ency and the absence of corruption . Nevertheless, all these efforts are useless with- out the effective oversight of civil society . The two cases involving the selection of candidates dis- cussed in this report suggest this . In the first, the application of ICTs was successful, but in the sec- ond, it was not . Therefore we can conclude that the internet is only a tool that can be used in the fight against corruption, but that on its own itis not sufficient to be successful in the fight against corruption .

156 / Global Information Society Watch Lebanon Nndaming a shaming: encouraging accountability in business

On 22 April 2009, Lebanon ratified the United Mireille Raad Nations Convention against Corruption (UNCAC),7 yet many of the mechanisms required to ensure Introduction compliance with the convention are either dysfunc- For the third time since 2009, Lebanon received a tional or missing, including an absence of: score of 2 5. out of 10 on the Corruption Perceptions • Access to information legislation 1 Index (CPI) in 2011 . This index, produced by Trans- • A whistleblowers’ protection law parency International and covering 183 countries, is measured on a scale from 0 (highly corrupt) to 10 • A national anti-corruption agency (very clean) . • An ombudsman8 The score places Lebanon in the 134th position • A national strategic, long-term anti-corruption out of 183 worldwide and 15th out of 18 in the Mid- plan . dle East and North Africa (MENA) region . It is also Naturally, given the severity of corruption in Leba- notable that the best score ever achieved by Leba- non and its drastic effect on society, many NGOs non is 3 .2 – the worst being 2 .0 2. and independent activists are going to great efforts Other indicators like the Open Budget Index to fight it – including LTA (the Lebanese chapter of place the country among the least transparent when Transparency International) and Nahwa el Mouwat- it comes to the national budget (OBI=32%) 3. inya via their Lebanese Parliamentary Monitor 9. World Bank governance indicators suggest very high levels of corruption and bad governance (see Spinneys, spin and labour wage rights denied Figure 1) . Out of 212 countries reviewed, Lebanon On 19 January 2012, following an agreement 4 ranked: reached between the economic committees and • Government effectiveness indicator: 146th the General Workers’ Union, the Lebanese cabinet approved raising Lebanon’s minimum wage from • Political stability indicator: 202nd LBP 500,000 to LBP 675,000 (from USD 333 to USD • Voice and accountability indicator: 108th 450) 10. A general wage increase was also approved • Corruption control indicator: 167th . based on salary ranges . The decision came after the State Shura Council Policy and political background rejected the cabinet’s wage increase decision pro- posed by Minister of Labour Charbel Nahas . Ironically, despite the above indicators, reform and the The agreement was reached following a strong fight against corruption have always been at the core debate that lasted several months and ended with of the political agendas of all the Lebanese political the resignation of the minister of labour, who argued parties, and a main theme for political bickering 5. In that all of his colleagues in government were prevent- theory, most of the policy framework needed to fight ing any effective improvement in workers’ rights 11. corruption appears to exist; for example, the Lebanese Yet despite the official upgrade in salaries, Spin- Office of the Minister of State for Administrative Re- neys, a well-known and premier supermarket retailer form was created in 1994 in order to provide solutions 6 in Lebanon with branches across the Middle East, and for a deficient post-civil war public administration . a major employer, breached both international labour rights and Lebanese labour laws by refusing to imple- 1 cpi tr. ansparency .org/cpi2011/results ment the wage increase, threatening employees and 2 files .transparency .org/content/download/313/1264/file/CPI2011_ dismissing those who lobbied and objected to its DataPackage .zip refusal . 3 internationalbudget .org/what-we-do/open-budget-survey 4 info .worldbank .org/governance/wgi/pdf_country .asp 7 www unodc. .org/unodc/en/treaties/CAC/signatories .html 5 www .dailystar .com .lb/News/Politics/2011/Nov-15/154093- mikati-promises-to-fight-corruption-in-administration . 8 en wikipedia. .org/wiki/Ombudsman ashx#axzz23Au9qosY 9 lpmonitor or. g 6 en .wikipedia .org/wiki/Office_of_the_Minister_of_State_for_ 10 www no. wlebanon com/NewsAr. chiveDetails aspx?I. D=354211 Administrative_Reform_(Lebanon) 11 en wikipedia. .org/wiki/Charbel_Nahas

LEBANON / 157 Figure 1 World Bank Governance Indicators Comparison between 2010, 2009, 2008 (top-bottom order)

Voice and accountability

Political stability/absence of violence

Government effectiveness

Regulatory quality

Rule of law

Control of corruption

0 25 50 75 100 Country’s percentile rank (0-100)

Source: info worldbank. .org/governance/wgi/sc_chart asp.

The Lebanese government took no action to enforce its own decision and no penalties against Spinneys were levied . The topic also received little attention from most of the media, especially in me- dia outlets where Spinneys spent a lot of advertising money . Following the above events, many Lebanese bloggers and activists decided to shed light on the unfairness and corruption which affected a large number of workers (about 1,500) who had no sup- port from their own government and no option but to do their best to keep their jobs . Bloggers and activists targeted Spinneys’ ap- proximately 21,000 fans on Facebook using an ironic online campaign that showcased the real discounts the company is offering – in other words, workers’ rights and wages . used social media to share their personal stories Spinneys own advertisements were mocked and about their working conditions . a call for a boycott was issued 12. Many workers also The campaign got the full attention of Spinneys CEO Michael Wright who in turn used social media 12 www .facebook .com/groups/331955206888302 and Facebook to uncover the identities of different

158 / Global Information Society Watch In an interview with the Daily Star, Wright said the retailer would continue to expand in Lebanon despite “tough economic times that saw sales growth flattening for the first time last quarter, after four years of impressive double-digit growth .” He added, “In addition to regional troubles and activists and their work locations . Soon enough, local instability, ill-fated economic decisions, includ- Spinneys’ powerful business connections were put ing a wage increase approved by the government last to use and some activists received formal warnings January, are behind Lebanon’s economic slump ”. from their employers on the pretext of “breaking The same article reports that “[b]etween 2006 company rules and blogging/Facebooking during and 2011, Spinneys experienced very high growth work hours” or breaking their work contracts by at above 20 percent annually in sales volumes” and “harming company interests” . “Wright dismissed accusations that the company Under the risk of losing their jobs, some has been infringing on labour rights [and that this bloggers were forced to remove blog posts and is] politically motivated . He said the accusations are content from Facebook and agreed to stop their only rallying a handful of workers .”14 involvement in the social media campaign target- A lot of buzz was generated due to the oppos- ing Spinneys . ing social media campaigns by both sides and the subject gained considerable media attention on many TV stations and in newspapers – for example, in its Media Round-up, the Lebanese Transparency Association shared this case with its readers as yet another example of a corruption scandal to plague the government .15 Not everyone was behind the campaign, however . On the Lebanese blogosphere, Rami Fayoumi blogging on plus961 .com shared his scep- ticism about the boycott campaign, stating that Spinneys is not the only company disrespecting the new wage increase 16. Similarly, Mustapha Hamoui A counter social media campaign was launched blogging on beirutspring .com stated: “An online by Spinneys to explain to the public the decision campaign is trying to shame a giant Lebanese re- behind refusing the wage increase: Many people tailer into paying more for its employees . This is a reported being contacted by Spinneys’ CEO after bad idea .” Both plus961 .com and BeirutSpring .com doing simple things such as pressing “like” on a rank among the most influential independent blog- comment criticising Spinneys 13. gers in Lebanon .

14 www dailystar. .com lb/Business/L. ebanon/2012/Aug-03/183221- spinneys-eyes-expansion-amid-tough-times ashx#axzz23GrPH. yZA 15 www tr. ansparency-lebanon .org/index php?option=com_content&. 13 www .facebook .com/groups/331955206888302/ view=article&id=85&Itemid=180&lang=en permalink/333635833386906 16 www plus961. .com/2012/07/boycott-spinneys

LEBANON / 159 At the moment of writing this report, this case Action steps is far from being resolved: currently the workers in This story suggests different advocacy steps that Spinneys have a newly formed union and the de- are essential for the ICT activist: bate continues online and offline 17. • Fighting corruption should be addressed on a Conclusion case-by-case basis and not only as an issue of This story clearly shows that ICTs can be used to general principles and ethics . uncover corruption and fight it by different means, • Unlike other activist issues such as advocating including public shaming and calls for a boycott . for rights generally, an effective and targeted Yet those same tools can be used to jus- campaign against corruption will put you in a tify corrupt behaviour using well-crafted social confrontation with “criminals” . Having a good media strategies and messages, and can be used strategic and even legal background on crime to monitor activists and bloggers, uncovering their and criminals and a bulletproof game plan in identities and then using different means to silence this regard is a must . or pressurise them . • Data is created once and shared many times . Dialogue can easily be sparked using social This simple truth can be used to hide the identity media, and facts about corruption and the people of campaign organisers and make it impossible behind it can become well known in a short period to find or hold responsible anyone running an of time . The main challenge remains in translating anonymous account . this knowledge and “online buzz” into real action . Mobilising to fight corruption means leveraging the • Due to the increasing “social” properties of the potential of the “disorganised” online space and the internet, it is becoming a huge, free-to-access strength of the effects of things like crowd-sourcing and easy-to-operate data mine about you, your in a way that favours the work of activists . work, career, family, friends and geolocations . Anonymity remains yet another issue to think This is why keeping track of your digital foot- about . While it offers good protection for activists print is an increasingly important task as an against corrupt and powerful people and entities, anti-corruption ICT activist . n it makes it harder to build an audience, trust and engagement (without at least subtly revealing identity) . The difficulty is not in the technical re- quirements of being anonymous online, but rather in the tricky planning required to run a campaign ef- fectively led by “no one” . Fighting corruption works best on a case-spe- cific basis – not just by addressing and discussing corruption as a general theme . Targeting a corrupt individual or company using a specially crafted campaign is effective due to the high level of pres- sure it generates and (hopefully) the high cost of loss of business and reputation .

17 beirutspring .com/blog/2012/07/11/burning-spinneys-at-the-stake

160 / Global Information Society Watch Morocco The internet and active citizenship

tions he provided did not appeal to the Moroccan DiploFoundation Hanane Boujemi audience; he sounded defeated and helpless with www .diplomacy edu. no concrete plans to eradicate corruption . Citizen media websites and social media chan- nels exploded with harsh criticism towards the Introduction prime minister’s “strategy” and demanded that the head of the government should work on set- Corruption has been one of the most prominent ting up a transparent and reliable legal mechanism factors hindering economic development in the to bring corrupt individuals to justice . Arab world . Morocco has a long history of a lack of accountability and transparency of public serv- Anti-corruption legislative context ices and administration vital in guaranteeing the Morocco ratified the United Nations Convention citizen’s right to have access to information and Against Corruption in 2007 and established the services without restrictions or lengthy bureau- Central Authority for the Prevention of Corruption cratic procedures . The kingdom still ranks high on in 2008, whose efficiency is limited since it is not Transparency International’s Corruption Percep- entitled to investigate and prosecute corruption tions Index .1 Morocco is 80th out of 183 countries cases .4 evaluated and the 10th most corrupt country out of The agency launched a website to stop cor- the 18 Arab states . In 2011, 4,415 corruption court ruption in 2009,5 and it is exclusively dedicated cases were filed around the country .2 to corruption incidents related to public tenders The ranking of Morocco vis-à-vis corruption re- and investment operations pertinent to small and flects the extent to which this phenomenon is deeply medium-sized enterprises . However, only 600 cor- rooted in the country’s ecosystem . The current status ruption incidents were reported during the first year of corruption should ring an alarm for the authorities after it was launched6 – small enterprises generally to prioritise addressing it in order to guarantee an refrain from denouncing corruption and are scepti- accountable and transparent public sector, the prime cal about the effectiveness of such mechanisms . investor in the country and the least trusted . A recent study on public tenders transparency The reality of matters is that the recently elect- conducted by the Moroccan Competition Council, ed government, in what are known as the most which reports to the prime minister, concluded democratic and transparent elections following that 63% of the enterprises confirmed corruption the Arab Spring, has chosen to bury its head in still reigns in approving public tenders, while 44% the sand about the issue . The main slogan of the of enterprises stated that it is still extremely dif- electoral campaign of the Islamist party currently ficult to access information about public tenders in power, Hizb Al-Adala Wa At-tanmia (Justice and and they usually have to rely on their professional Development), was the extinction of corruption in network to get the information needed .7 Morocco if they won the elections . However, a con- The National Agency for the Promotion of Small troversial answer by the elected head of the party and Medium Enterprises, the Central Authority for and current Prime Minister Abdelilah Benkirane the Prevention of Corruption and the General Con- about the government policy against corruption federation of Businesses8 lobbied the government during a recent interview with Al-Jazeera left the to implement laws to inject more transparency in media and civil society baffled and outraged . He quoted a verse from the Quran that “God forgives what occurred in the past, and if anyone backslides, 4 www .transparency .org/whatwedo/pub/national_integrity_ God will take revenge from him .”3 The explana- system_study_overview_morocco_2009 5 www .stopcorruption .ma 6 www .stopcorruption .ma/index php?option=com_. content&view=article&id=78%3Aqla-corruption-est-bien- 1 cpi .transparency .org/cpi2011/results/ installee-au-marocq-&catid=37%3Aarticles-de-presse&lang 2 hespress .com/societe/50570 .html 7 almassae ma/node/49864. 3 www .moroccoworldnews .com/2012/08/50595/the-unbelievable- 8 www .econostrum info/La-corruption-est-bien-installee-au-Mar. oc_ irresponsibility-of-mr-benkirane a7273 html.

MOROCCO / 161 the Moroccan judiciary system and win the trust of involved in bribery . It seems to be an effective foreign investors . In a recent survey carried out by way to prosecute any official caught red handed Transparency International, 31% of the businesses in the act of accepting bribes . It is now very com- interviewed confirmed that in the last 12 months mon to read about “Targuist’’-style arrests, yet the their company had failed to win a contract or gain public is still concerned about the that new business in the country because a competitor occur amongst higher-level officials and cannot be paid a bribe .9 tracked and accounted for . In order to reinforce the legal mechanism to Many Facebook groups12 have emerged to de- combat corruption, a declaration of assets law was nounce corruption practices in Morocco .13 People approved in 2008 along with a law on the protec- have started taking initiatives to raise awareness tion of whistleblowers . Yet the country has no law about the phenomenon and its impact on the lo- regulating conflict of interests between a minister’s cal economy from a citizen perspective . There are official functions and private activities . Ministers no signs that the government is taking these ef- and parliamentarians are obliged to declare their forts into account; however, civil society is pushing assets, but declarations are not publicly available .10 forward by taking the lead role in mobilising the does not only affect public to report on bribery cases using online tools . foreign investments and the business sector; Transparency Morocco has recently launched a the normal citizen also suffers from the lack of training programme for bloggers and social media transparency and accountability of the public ad- enthusiasts at the local level14 who are interested ministration which makes it difficult to have access in contributing in its mission to eradicate corrupt to services that are an inherent right . Corruption practices in the Moroccan administrative system . extends throughout various sectors and levels, Transparency Morocco is also championing an including the judicial system, police, land adminis- online website with a group of activists dedicated tration, licences, infrastructure and public utilities to mapping bribery in Morocco . Since it was estab- (education and health), and customs . lished in January 2012, “Mamdawrinch”,15 which Sometimes the only way for a normal person to means “we will not bribe” in Moroccan dialect, get served is to pay a bribe . Bribery is negatively has received 109 bribery reports .16 The website perceived in the society, but it is widely accepted also specifies the total amount of the bribes in the as in some cases it is the only resort to prevent cases disclosed . The platform is quite useful for hassle or to save time seeking a governmental reaching people living in remote areas; however, service . People have no faith in the judicial system, it might be challenging to get an accurate picture so reporting bribes is not a common practice since of what is happening on the ground since the il- incidents of corruption are widespread and the au- literacy rate in Morocco is 56 .1%17 and there are thorities are not able to absorb the problem . also limitations of computer and internet access . Another challenge this platform is facing relates Corruption, the internet and social media to its lack of public exposure and media coverage . in Morocco Very few people know that such initiatives exist, The widespread use of the internet in Morocco hence the impact it has created so far is limited . – and specifically social media and citizen me- Civil society in Morocco is a legitimate candidate dia – have slightly changed people’s perceptions to advocate against corruption . Using new tech- about reporting bribery cases . It all started back in nologies and the internet as the main channel of 2007 when an unidentified person called “Targuist outreach can tremendously boost its positioning as Sniper” posted four amateur videos on YouTube11 an effective stakeholder in eradicating corruption . showing gendarmes stopping car after car to ex- Yet there are various obstacles that stand against tract bribes . This incident triggered a new trend in mobilising the general public, namely the lack of society: it inspired other people to follow the same government support and the lack of follow-up on steps to denounce illegal practices of the police such initiatives . Nevertheless, it could be too early using the same method . to measure the impact created by platforms such as The outcome of the videos posted by the people has led to several arrests amongst the gendarmes 12 www facebook. com/pages/contr. e-la-corruption-au- maroc/158070820916805?sk=info 13 www facebook. com/L. utteContreLaCorruptionMaroc 9 www .transparency .org/research/bps2011 14 www facebook. com/T. ransparencyMorocco 10 www .business-anti-corruption .com/country-profiles/middle-east- 15 www mamdawrinch. com/main. north-africa/morocco/general-information 16 As of 17 September 2012 . 11 www .youtube .com/watch?v=Z8RgWRmRtUc 17 hdrstats .undp or. g/en/countries/profiles/MAR html.

162 / Global Information Society Watch Mamdawrinch since it is still new . In the long run, it attitudes . People who pay bribes to get govern- could eventually trigger citizens’ integration in the ment services would justify their act and even call anti-corruption policy-making process which awaits it a “gift” to make it sound acceptable . It makes it the lead of the Moroccan government . twice as hard to eradicate corruption if it is widely The absence of online platforms powered by accepted in the culture . the government to report bribery cases directly Changing the public’s perception and raising has prompted the further interest of citizens in awareness about the negative impact of corrup- taking refuge using social and citizen media chan- tion on the economy is absolutely necessary in nels to divulge corruption cases and express their the case of Morocco . The Ministry of Education views about the phenomenon and how it should has recently launched an initiative in partner- be tackled . One should question the reason why ship with the Central Authority for the Prevention the potential of new technologies in combating of Corruption to integrate a code of ethics in the corruption on a larger scale is still completely schools’ curriculum . The objective is to instil posi- ignored by the government . Having an online anti- tive values at the heart of Moroccan society, using corruption mechanism and a reliable platform to new strategies and educational programmes . This denounce any illegal practices could have won initiative is expected to foster the emergence of a back people’s confidence in the Moroccan admin- generation able to fight against corruption and re- istrative system . store the principles of integrity and accountability A rather shy effort by the government of Mo- in the society .19 rocco to join the wave of open-data initiatives in Information and communications technologies order to reinforce the notion of public services (ICTs) have become an important pillar of democ- transparency and the right to access information racy and human rights in a modern society . They was the launch of a basic online platform including expand citizen social mobilisation which can im- freely available electronic data .18 The website pro- pact on policy and decision-making processes . vides various ranges of statistics on the kingdom’s They produce a better-informed and active citizen key sectors . The website specifies that informa- who is in a position to put pressure on national tion is useful to researchers, journalists, private institutions to be accountable and responsive to corporations or the public in general . However, the citizens’ needs and priorities .20 Using ICTs is yet information listed is not frequently updated . to be at the centre of the Moroccan government Integrating the use of new technologies, and strategy to stamp out corruption . It is civil soci- more specifically the internet, while engaging the ety organisations, citizen media and social media public in leading the battle against corruption which are taking the lead in raising awareness seems to be the best strategy for governments . about the issue and crowdsourcing information on The information disclosed by citizens using on- bribery cases using the internet . line platforms to report on bribery cases could be used to map the sectors where corruption is wide- Action steps spread . It could also help centralise information Establishing a reliable and consistent e‑govern- and even engage the same people in suggesting ance mechanism allows individuals to exercise new mechanisms or procedures to combat this their political and civil rights and guarantees the phenomenon . Providing quantitative analyses of accountability and transparency of the govern- the cases reported can help gauge the knowledge ment, besides being a key tool in the fight against gap and raise the public’s awareness as to how corruption . much corruption costs a sluggish economy in a de- Citizens must have a say in influencing or chal- veloping country like Morocco . lenging public policies, monitoring the quality of public services, and suggesting a better way to Conclusion handle procedures, since they are the ones direct- Although Morocco has been undergoing signifi- ly affected by government decisions . cant social and economic reforms during the last In the case of Morocco, using ICTs might not be decade, the country still faces socio-political chal- the magic wand that will ensure more transparency lenges . One of them is the widespread corruption and accountability on the part of the government . at both the small and large scale including the country’s political life . The concept of corruption 19 www e-taalim. com/fr/institutions/institutions-education/mar. oc- is deeply rooted in the society and in people’s lutte-corruption-education .html 20 www spider. center or. g/sites/default/files/Increasing%20 transparency%20and%20fighting%20corruption%20through%20 18v data .go .ma/Pages/Apropos .aspx ICT .pdf

MOROCCO / 163 However, policies ought to be adjusted for those • Automating public service application process- technologies to play a role in the fight against cor- es and introducing tracking systems online and ruption, and that includes: via mobile services to follow up on administra- • Mobilising and empowering citizens by pro- tive procedures . viding an online platform offering centralised • Investing in setting up a solid and reliable information on corruption and encouraging the e‑government system to completely cut out the

public to report bribery cases . role of the government’s “middle persons” . n • Establishing web-based portals which should include all the administrative procedures in place to improve public sector transparency . • Utilising ICTs in launching campaigns about corruption to build capacity amongst citizens on what it means and to what extent it nega- tively affects the economy .

164 / Global Information Society Watch Nepal Empowering citizens through appropriate technologies

have been providing public services that allow citizens Kishor Pradhan to complain by email, SMS or telephone when they are subject to corruption . Introduction Institutional and policy provisions In early October 2011 an incident took place at Tribhu- According to Transparency International’s annual van International Airport in Kathmandu, Nepal, which report, Nepal is the second most corrupt country in succinctly illustrated how information and commu- South Asia . The Corruption Perception Index (CPI) nications technologies (ICTs) such as mobile phones 2011 ranked Nepal in 154th position on the list of and the internet can be best used to curb corruption . the least corrupt countries . The case in point was of a Nepali Sherpa woman who Nepal signed the United Nations Convention was travelling to the United States from Kathmandu against Corruption (UNCAC) in 2003 and ratified it with legitimate travel documents and a US visa, but recently in September 2011 . Nepal has also recently who was not cleared for travel by immigration officials . enacted an Anti-Money Laundering Act, Procurement The officials allegedly suspected the legitimacy of her Act, Right to Information (RTI) Act and Good Gov- passport and visa and demanded 150,000 Nepalese ernance Act to fulfil the legislative prerequisites for rupees (about USD 2,000) to allow her to travel . The UNCAC . The country is drafting further legislation in- Sherpa woman eventually succumbed to the immigra- cluding the Mutual Legal Assistance Act and Witness tion officials’ demand, bargained the amount down and Whistle Blower Protection Act to comply with the to 100,000 rupees (around USD 1,500), paid it, and prerequisites of UNCAC . The RTI Act was enacted in boarded the plane to the US . Nepal in 2007 and to uphold it the National Informa- Amazingly, when the young Sherpa woman was be- tion Commission was formed in 2008 . ing questioned and harassed at the airport and asked The CIAA website has an online complaint han- for money to get immigration clearance, she had the dling system which states that its objective is to presence of mind to secretly record her ordeal using make the complaint process more convenient, easy, the video camera on her mobile phone . A week after efficient and secure for the general public .3 Simi- reaching the US, the Sherpa woman, with the help of larly, if one visits the official website of the PMO, local journalists in Kathmandu, organised a press con- one will come across a menu item with the title of ference through Skype and narrated her ordeal . Her “Complaints/Suggestions” . Clicking the link leads story was covered extensively by the media in Nepal to a page where one can give feedback to the PMO and was made available all over the web . The Prime online by filling out a submission form 4. Minister’s Office (PMO) eventually reacted by looking Besides the CIAA, other institutional anti-cor- into the matter, and ordered the Commission for Inves- ruption authorities or agencies in Nepal include the tigation of Abuse of Authority (CIAA) to investigate and National Vigilance Centre (NVC) . The NVC has been punish the culprits . The CIAA, the apex constitutional established to help raise awareness of corruption anti-corruption body of the government in Nepal, im- and engages in activities that will help prevent cor- mediately terminated the employment of the corrupt ruption . Its main purpose is to conduct oversight immigration official, and the case was further inves- functions to ensure that public offices adhere to the tigated 1. In the past few years government agencies principles of good governance and transparency . and civil society organisations in Nepal, such as the The NVC is responsible for monitoring income and CIAA,2 the PMO and Transparency International Nepal, asset disclosure by public officials . However, ac- which all work to fight corruption in the country, have cording to the Global Integrity 2008 report, the NVC adopted ICTs to solicit complaints and promote zero has not been able to effectively monitor these dis- tolerance to corruption . Most of the anti-corruption closures due to the lack of strong political will and government agencies and civil society organisations the inadequacy of governing rules and regulations .

1 A complete TV report on the incident can be viewed at www . youtube .com/watch?v=VBEohTiJ7vA 3 For further details visit ciaa go. v np. /OC/index ph. p?language_type=1 2 For further details on the CIAA visit ciaa .gov .np 4 The PMO’s website can be accessed at www .opmcm .gov .np/en/

NEPAL / 165 During the political transition in Nepal from a subject to corruption . However, the complaints filed kingdom to a republic the Commission to Investigate are seldom followed up by the complainants . Iswori the Wrong-doings of the Royal Government (CIWRG) says the ineffective use of the online complaints sys- was formed in May 2007 . According to the Transpar- tem could be because of a lack of awareness; a low ency International Report 2008, the CIWRG heard level of access to computers and internet or online testimony from 200 ministers, senior civil servants, systems; fear of lodging complaints; and a lackadai- and army and police officers, including former vice- sical attitude towards corruption, amongst others . chairs and members of the Royal Cabinet . Other He says that the CIAA has organised more than 300 cases involving financial irregularities and corruption workshops to raise awareness on using anti-corrup- were further investigated by the CIAA . tion provisions like the online complaints systems, The Officeof the Auditor General (AG) as an anti- targeting more than 40,000 government officials, corruption authority carries out audits of accounts teachers, students and civil society groups . But the of all the public offices and public corporations, results have not shown the desired impact . He says including government and ministerial agencies in the overall fundamental problem is political . The Nepal . The constitution ensures the AG complete higher authorities in the government such as min- independence . The staff of the AG’s office is re- isters, secretaries, political parties and other power cruited through the civil service commission . Audit players in Nepal should be proactive and serious reports are required to be made public . The audit about corruption control so that the provisions can institution is also engaged in advising on improve- be effective . The social mindset itself regarding cor- ments of institutions and procedures within public rupt practices also needs to change 5. administration . However, critics of the AG argue that As far as the complaints/suggestions link on audits are generally ineffective, that state auditors the PMO’s website is concerned, the IT Division at lack expertise, and that the AG’s findings and rec- PMO informed me that people do use the feedback ommendations rarely generate a prompt response system to lodge complaints or provide sugges- from the institutions concerned . tions to the government . However, how frequently In addition, the Public Accounts Committee it is used to lodge complaints or suggestions in a (PAC) is a parliamentary special committee that was month could not be objectively ascertained, as the constituted in 2007 to provide oversight of public submissions by the public get forwarded directly to funds . The PAC’s role is to conduct independent a configured email at the PMO secretariat and the investigations of audit objections . However, accord- data is not made available to public . ing to the Global Integrity 2008 report, due to a lack Another service called Hello Sarkar (Hello Gov- of efficient staff and political will, its functionality ernment) – a hotline telephone service provided is largely ineffective and the government often ig- by the PMO to address various public grievances – nores the PAC’s directives and seldom implements has been operational since January 2012 . A person the reform measures suggested by it . can dial a number to lodge a complaint, fax, email or send a text message, or visit the PMO’s website Provisions and practices to receive the service . During the first four months The case of the Sherpa woman using a mobile after its launch, people lodged more than 4,600 phone to record the corruption incident and later complaints, of which 30% were effectively sorted organising a press conference through Skype from out, according to Lila Mani Poudel, a PMO secretary the US is definitely an impressive example of how who supervises the hotline service 6. ICTs can be used for curbing corruption and making The impact of the Hello Sarkar service has been the authorities accountable . However, such an inci- noteworthy . Since it was started the media report- dent is an exception . It cannot be generalised that ed: “The impact of the much-talked-about Hello every Nepali citizen who is prone or subject to cor- Sarkar public complaints hotline is being seen in ruption would be smart enough to do the same, and one instance after another . Some 41 bus passen- there have not been that many similar cases which gers in Itahari were able to recover Rs 6,150 fleeced illustrate the use of ICTs in Nepal to curb corruption . from them by the bus owners on Saturday thanks to According to Iswori Prasad Paudyal, the spokes- timely intervention by the Hello Sarkar team .” person for CIAA, the commission’s online complaint The saga of how the disgruntled passengers system has been operational for the past five years . were able to recover their money is interesting . Ac- On average about 100 complaints have been filed cording to Narendra Gywali, an officer at the Hello a year, which he feels is few given the volume of corruption incidents in Nepal . Of these about 20% 5 Based on personal conversation with Ishwori Prasad Paduyal . to 30% are complaints made by individual citizens 6 www asianewsnet. net/home/news. .php?id=28400&sec=1

166 / Global Information Society Watch Sarkar control room, one Tirtha Adhikary phoned up since 2007 – has so far been weak . On the supply around 7:30 p .m . one Friday to say that “[a] passen- side, public bodies have done little to meet their ex- ger bus – Na 3 Kha 7140 – had forcibly collected an tensive obligations under the law: many have not additional Rs 140 from each of the 41 passengers . even appointed dedicated information officers and The bus owners and conductor did us an injustice . most of the information subject to proactive disclo- We need your instant action and support .” The of- sure under the law remains unpublished . On the ficials then discussed whom to contact to sort out demand side, the number of requests from both civil the problem . They ended up contacting a police society groups and the general public has been low control room, asking them to address the problem and there has been little pressure on public bodies through the local police without delay . The bus was to be more open . The National Information Commis- en route to Kathmandu from Birtamod, Jhapa . Local sion (NIC), formed in 2008, has until recently been police went into action following instructions from under staffed and under resourced, although that is the central level and stopped the bus at Itahari . Dur- starting to change .”9 ing an inspection, it was found that the bus owners had indeed collected additional money from the 41 Conclusions and action steps passengers . Police had the Rs 6,150 refunded to the There have been mixed experiences regarding the passengers and the bus driver was arrested . Imme- use of the internet in fighting corruption in Nepal . diately after that incident, there was another phone As this report has suggested, telephone servic- call at the Hello Sarkar control room, this one stat- es are currently preferred by citizens when reporting ing that another bus en route to Kathmandu from on corruption . However, currently 50% of Nepali Jhapa was also collecting extra money from pas- citizens have access to mobile phones . Because of sengers . Officials again instructed police to punish this, together with the rapid growth of internet us- the bus people . Police tried to identify the bus but ers and access to online services, it cannot be ruled it never came via that route . “The bus disappeared out that in the near future the internet will play a suddenly,” said an official 7. substantive role to make a dent in curbing corrup- The executive director of Transparency Inter- tion in the country . national Nepal, Ashis Thapa, says that in their The following action steps can be suggested: experience, a telephone hotline corruption com- • Government and non-governmental agencies plaint service that they have been providing is which are responsible for fighting against and more popular than their online complaint system acting on corruption should create effective under their anti-corruption advocacy and lobbying links with internet service providers, telecom programme . The cost for using the hotline service service providers and others to provide more is covered by Transparency International . He says user-friendly, accessible online services for on- that 99% of corruption complaints that they receive line complaint systems . are through the telephone hotline . Transparency International started the hotline service in 2009 • There should be more effective campaigns and and the online complaint system in 2010 . However, awareness-raising efforts by both the govern- Thapa does not rule out that the online complaint ment and civil society regarding the use of the system can be effective . He says that with more internet to fight corruption . campaigning, advocacy and awareness raising on • Public Internet Centres, like the Public Com- the availability of the online complaint system, it munication Offices, could be set up by the can result in the desired impacts, since the number government in collaboration with non-govern- of people with access to the internet has been rap- mental organisations to facilitate access to idly increasing in Nepal 8. the internet at a subsidised cost to the general In the case of RTI, a report published by the public . World Bank in January 2012 entitled “Implemen- tation of the Right to Information in Nepal: Status • Donors and civil society in Nepal need to Report and Recommendations” states that the “[i] proactively lobby for formulating a proper mplementation of the right to information in Nepal e‑governance policy that incorporates the use – where the right has been guaranteed both in the of ICTs for good governance and fighting corrup- Constitution since 1990 and by an act of Parliament tion . n

7 texasnepal .com/news/hello-sarkar-restores-rs-6150-to-fleeced- 9 The complete report is available at www fr. eedomforum or. g np/. bus-passengers content/attachments/article/114/RTI-Report-Nepal%20_World_ 8 Based on personal conversation with Ashis Thapa . Bank pdf.

NEPAL / 167 Netherlands

Most nations have some form of an official se- Transparency International in the Netherlands Joost Wiebenga (Member of the Board) crecy act (such as the Espionage Act in the United www tr. ansparency nl. (Netherlands) States) and classify material according to the level and www tr. ansparency .org (global) of protection needed . Similarly, organisations rang- ing from commercial multinational corporations to non-profit charities keep secrets for competitive Introduction1 advantage, to meet legal requirements, or, in some A US diplomatic cable, classified as “secret”, re- cases, to deliberately and inappropriately conceal ports on a briefing given to the US ambassador bad practices . New products under development, in an emerging oil country in connection with a unique manufacturing techniques, or simply lists meeting that was held with a senior executive of a of customers are types of information lawfully multinational oil company in February 2009 . Dur- protected by trade secret laws . Other laws require ing a discussion of the high level of corruption in organisations to keep certain information secret, the oil state concerned, the senior executive gave such as medical records or financial reports that are the example of a bribery demand by the country’s under preparation to limit insider trading . The Euro- attorney general: that he would sign a required pean Union and its member states have strict laws document only if paid USD 2 million immediately, about data privacy and data protection . and another USD 18 million the next day . This cable Besides simply blocking the WikiLeaks website was one of the of 250,000 US State Department ca- (which could be perceived as censorship resembling 3 bles released by WikiLeaks in 2010 . WikiLeaks is an similar actions in China, Russia and North Korea), international, online, self-described not-for-profit the US Department of Justice still wants to prose- organisation publishing submissions of secret in- cute Assange for his actions in releasing classified formation, news leaks, and classified media from data . However, charging Assange will prove difficult anonymous news sources and whistleblowers .2 As because he merely published the documents that a result, Julian Assange, the (former) spokesperson were allegedly provided to him by US Army soldier and editor-in-chief of WikiLeaks, has come under Bradley Manning . While Manning is currently in severe scrutiny for his controversial decisions to military prison and has been charged with illegally release these documents and is currently hiding in downloading the leaked files, Assange’s defence the Ecuadorian embassy in London to eventually will be that he is protected by the First Amend- 4 avoid extradition to the US via a primary extradition ment to the US Constitution . More importantly, to Sweden where he is suspected of rape and sexual and in spite of the characterisation of the leaked molestation . documents, it will be interesting to learn what the competent authorities will do with the express or The virtual whistleblower implied allegation of bribery or bribery demand as Secrecy is often controversial, depending on the mentioned in the referenced cable . content of the secret, the group or people keep- Similar constraints apply to private whistle- ing the secret, and the motivation for secrecy . blowers, for example, in the business environment . Secrecy by government entities is often perceived In the past, many good faith whistleblowers were as excessive or in promotion of poor operation . retaliated against by their defensive employers, or However, excessive revelation of information on lost in court on the argument of having disclosed individuals can conflict with virtues of privacy and company secrets and/or infringed or disturbed confidentiality . the mutual trust and professional relationship .

1 Parts of this article were first written in connection with the Dutch 3 On 11 July 2012 Russia’s parliament passed a controversial bill National Compliance Debate 2011 organised by the Dutch law firm allowing the government to block blacklisted websites . Houthoff Buruma . See: www ho. uthoff co. m/fileadmin/user_upload/ 4 The First Amendment protects the rights to freedom of religion Popular_Topics/National_Compliance_Debate_2011 pd. f and freedom of expression from government interference . The editor has provided unconditional approval to use all or part of Freedom of expression consists of the rights to freedom of speech, this article for GISWatch . press, assembly and to petition the government for a redress of 2 www .wikileaks .org grievances, and the implied rights of association and belief .

168 / Global Information Society Watch Nowadays, encouraged by huge corporate scan- media or WikiLeaks . It is noted that not only the dals (Enron, WorldCom, Ahold, Parmalat, etc .) and whistleblower should be protected against retali- subsequent societal outrage, many, in particular ation, but also the alleged accused person and/or developed countries, have enacted whistleblower corporation should be considered to be innocent laws or improvements thereof . In the framework until proven guilty . of more transparency, fair disclosure and account- Unfortunately, many reputations have been ability, some countries even allow anonymous damaged on the mere accusation of wrongdoing . In whistleblowing, while retaliation against em- the European Union there is a tendency to subject ployees is strictly forbidden . This process can be whistleblowing to a proportionality test7 in relation effectively facilitated and implemented by, for ex- to the envisaged aim, which can be based on four ample, 24/7 online software-as-a-service (SaaS) elements, namely: 5 solutions which enable communications between • There must be a legitimate aim . the employer (or its independent designate) and the anonymous employees in any language through, • It must be suitable to achieve the aim (poten- amongst other features, unique coding and transla- tially with a requirement of evidence to show its tion programs . justification) . At the extreme end of the spectrum, the • There must be no reasonable alternative to Whistleblower Rules were enacted in May 2011 as achieve the aim, considering the risk of expo- an integral part of the US Dodd Frank Act, provid- sure of the whistleblower . ing for a “bounty” of 10% to 30% of the aggregate • It must be reasonable, weighed against the monetary recovery from government enforcement severity of the alleged wrongdoing and the po- actions for whistleblowers who voluntarily provide tential damage to the target . the Securities and Exchange Commission (the US watchdog of publicly listed companies) with origi- Why does (sustainable) compliance matter? nal information about potential violations of the federal securities laws . These need to lead to a suc- The Greek philosopher Plato (427 BC-347 BC) had cessful enforcement action resulting in sanctions of already the wisdom to say that “good people do USD 1 million or more . In April 2012 a whistleblower not need laws to tell them to act responsibly, while received USD 21 million for triggering a successful bad people will find a way around the laws .” In the federal inquiry into Medicare fraud at his former King Report on Corporate Governance for South Af- Florida employer . rica (2002) it was noted that “you cannot legislate a Where whistleblowers still should be concerned company into good behaviour .” (as even anonymous whistleblowers can some- Compliance is one of those catch-all terms that times easily be unveiled, in particular in smaller mean different things to different people . Compli- organisations),6 corporations and government in- ance with what? The strict definition of compliance stitutions should not . Whistleblowers (except those in legal terms could be confined to “fulfilling of in- 8 who act in bad faith or disgruntled employees who ternal and external laws and regulations”, while incorrectly want to settle an old score) will even- compliance risks refer to “the risk of legal sanctions 9 tually protect a company against infringement, and of material, financial and/or reputation loss” . prosecution or conviction . The companies should Over time the term compliance has gone beyond accept the challenge to be(come) compliant and what is legally binding and has embraced broader embrace a compliant culture . Not cosmetically in (self-regulatory) standards of integrity and ethical 10 words and documents, but in hearts and minds . conduct . Matten and Crane opine that “business 11 Besides, it enhances the possibility that the whistle- ethics can be said to begin where the law ends .” blower will report the matter internally rather than Consequences for the company for non-compliance (immediately) going to the external authorities, the can range from dawn raids, lengthy investigations,

7 Craig, P . and de Burca, G . (2001) EU Law: Text, Cases and Materials 5 www .saas .com (5th ed ),. Oxford University Press, Oxford, p . 526 . 6 According to the US Ethics Resource Center (ERC), retaliation 8 KPMG (2008) Anti-bribery and Anti-corruption Survey . against workplace whistleblowers was rising in 2011, due to “increasing levels of stress at workplaces in transition because 9 Basel Committee on Banking Supervision (2005) Compliance and the of the sluggish economy, mergers, and other disruptive events .” Compliance Function in Banks, Bank of International Settlements . More than 22% of employees who reported workplace misconduct www bis. or. g in 2011 said they also experienced some form of retaliation, 10 Vereniging Compliance Officers (2005) Professional Competency compared to 12% in 2007 and 15% in 2009, the ERC said . www . Profile (Version 2) . www .vco nl. ethics .org/news/retaliation-against-whistleblowers-rising-faster- 11 Crane, A . and Matten, D . (2007) Business Ethics (2nd ed .), Oxford reporting-ethics-resource-center-reports University Press, Oxford .

NETHERLANDS / 169 substantial fines, void and unenforceable agree- total shareholder return of 8 .8%, while the bottom ments, civil actions and third party damages, quartile averaged a loss of 7 .4% . What these results management, accounting and legal costs, loss of demonstrate is that not only does an emphasis on tax credits and government contracts, bad publicity corporate integrity make money over the long term, and damage to a share price . Exposure for individu- but a lack of corporate integrity will cost a company al employees can entail prison, high fines, director money over time . disqualification, disciplinary offences/loss of job The way compliance is organised and under- and harm to personal reputation . pinned can vary between rules-based, risk-based Depending on the vision, goals and resources and values-based regulations and combinations a company can decide to strictly comply with the thereof . Scandals in the area of corporate gov- minimal legal and regulatory requirements on the ernance in the US (Enron, Tyco, WorldCom), Italy one end of the spectrum (“keep me out of jail”) (Parmalat) and the Netherlands (Ahold) led to strict through the full breadth of compliance with guid- regulations (i .e . the rule-based Sarbanes Oxley ing principles and codes of ethics on the other end Act of 2002) in the US and corporate governance of the spectrum, encouraging behaviour in accord- codes (i .e . primarily based on principles and with ance with the letter and the spirit thereof (“create less binding legislation) in Europe . It depends on a competitive advantage”) . The latter is founded all kind of aspects in the area of corporate govern- on a sound corporate culture and underpinned by ance and societal aspects . Some countries believe a set of comprehensive assurance procedures and that value-based systems eventually provide bet- joint ethical values such as honesty, integrity, pro- ter results than carving every rule in stone . The fessionalism, teamwork and respect for people . The stakeholder-focused Dutch “Poldermodel” has first, strict category might, on the other hand, allow a different approach and prioritisation than the the export of drugs which are (still) unapproved in shareholder-focused Anglo-Saxon model . Most civil the country of manufacturing to be used by the citi- law jurisdictions around the world favour the use of zens of foreign nations where the local legislation principles and guidelines and extend a belief and does not prohibit them, in spite of possible noxious trust in their organisations to subscribe to such side effects . The full breadth category would dislike principles . Such faith also leaves the vigilance of the ethical difficulty of creating a double standard good practice to the larger community, and leaves which would legally allow such export that had not unclear the specific consequences, assuming that yet been determined safe and effective for use in public exposure of non-compliance with these the company’s own country . Ethical values and le- principles will result in significant loss of face and gal principles are usually closely related, but ethical credibility . obligations typically exceed legal duties . In some In the US, there is a tendency not to extend such cases, the law mandates ethical conduct . Some- trust, and instead to develop and insist on compli- times the law does not prohibit acts that would be ance to a specific set of rules . In such a system the widely condemned as unethical . And the contrary is consequences of non-compliance are clear, and true as well: the law also prohibits acts that some supposedly swift, yet restricted to the jurisdiction groups would perceive as ethical 12. of the regulatory body . Unfortunately, a rules-based The advantages of ethical behaviour may in- approach also tends to encourage some to play clude: higher revenues through higher demand games with the rules, to find loopholes in the rules, from positive consumer support, proved brand and to find ways around the rules . and business awareness and recognition, better “Do as I say, not as I do” commands may result employee motivation and recruitment, and new in an ineffective environment . The worst situations sources of finance – for example, from ethical in- occurred when management participated in highly vestors .13 The US Corporate Executive Board (CEB) questionable business practices and the board of surveyed about 130 companies for the level of integ- directors turned a “blind eye” . What really counts in rity within their corporate cultures and found that the end is substance over form . companies scoring the highest marks outperformed those with the lowest by more than 16 percentage Conclusion and guidelines for action steps: points when it came to shareholder returns . The top Noblesse oblige quartile of companies surveyed averaged a 10-year The French phrase “noblesse oblige”, literally meaning “nobility obliges”, is generally used to 12 Anstead, S . M . (1999) Law Versus Ethics in Management, University imply that with wealth, power and prestige come of Maryland . 13 Baumhart, R . (2010) (revised) What is Ethics?, Issues in Ethics, 1 (1) responsibilities . In ethical discussions, it is used (Fall 1987) . to summarise a moral economy wherein privilege

170 / Global Information Society Watch must be balanced by duty towards those who lack • Regular, iterative, live and online training (with such privilege or who cannot perform such duty . It ethical dilemmas and actual cases) also refers to providing good examples of behav- • Enforceable contractual anti-bribery provisions iour and exceeding minimal standards of decency . Consider compliance not a threat or nuisance but • Intermediary or business partner certifications an opportunity for a sustainable competitive advan- • Red flag scenarios tage . Compliance can turn around harmful exposure • 24/7/365 anonymous complaint opportunities and surprises into controlled risk mitigation and damage control . Besides, compliance can have a • Monitoring positive impact on employees’ attitudes and behav- • A thorough and relentless incident manage- iours and may attract talented people . The major ment system . stakeholders will likely perceive compliance as a benefit and certainly non-compliance as a huge li- Multinationals can make much of this informa- tion available online to their stakeholders (such ability, both in terms of monetary damages and loss as employees, supervisors, shareholders, soci- of reputation . etal community, civil society, regulators, etc .) as Many public multinationals listed in both the US appropriate and publicly report on the statistics, and the Netherlands apply a mixture of rules, princi- improvements, gaps and opportunities to meet the ples and values, in combination with a solid internal criteria of good corporate governance, transpar- control framework that can help management to de- ency, corporate social responsibility, sustainability termine how much uncertainty is accepted . This also and stakeholder accountability . Many can be imple- helps to determine how the risks and opportunities mented using innovative technological solutions . deriving from this uncertainty can be effectively Where norms may have been developed on a managed in order to enhance the capacity to build foundation of values, the maintenance of norms is value . Besides this, the multinational must have: an essential component of risk mitigation through • A robust, “breathing and living” compliance educating, motivating (“carrot”) and disciplining

programme (“stick”) employees as necessary . n

NETHERLANDS / 171 Nigeria Using ICTs to check ’s oil industry

Human Development Index,2 and Transparency In- Fantsuam Foundation Kazanka Comfort and John Dada ternational’s Corruption Perceptions Index 2011 has www .fantsuam .org ranked Nigeria 143rd out of 183 countries . The upper legislative chamber, in November 2011, had set up the Joint Committee on Petroleum Introduction Resources (Downstream), Appropriation and Fi- nance to investigate the management of the fuel On 1 January 2012, the Petroleum Products Pricing subsidy scheme as a result of the government’s Regulatory Agency (PPPRA) announced the with- extra-budgetary spending on the subsidy . The in- drawal of a petroleum subsidy with effect from vestigation by the lower house in the wake of the that day 1. This had been preceded by months of widespread civil discontent following the sudden dialogue between government and civil society, withdrawal of the subsidy in January 2012 dis- and the government indicated a willingness to ex- covered large-scale fraud involving many of the plore further multi-stakeholder dialogue before any stakeholders of the subsidy value chain: this includ- subsidy withdrawal implementation . The sudden ed officials of the Ministry of Petroleum Resources, withdrawal was therefore considered to be in bad Nigerian National Petroleum Corporation (NNPC), faith and civil society reacted with widespread work Department of Petroleum Resources (DPR), Petro- stoppages, nationwide . The government was taken leum Products Marketing Company (PPMC) and the unawares by the scale of public discontent follow- PPPRA .3 ing the withdrawal, and quickly announced some palliative measures while the lower house of leg- Taking the oil battle online… islature set up an ad hoc committee to investigate The monumental corruption discovered in the Ni- the issue of petroleum subsidy, which had become gerian oil industry is best understood within the a perennial challenge with successive Nigerian context of the global economic crisis . This was the governments . period when entire nations (Greece, Ireland, Ice- The lower house’s investigation revealed land, Spain, Italy, etc .) had gone bankrupt and had monumental corruption in the oil industry and un- to receive large bailouts from the International Mon- dermined all the rationale for withdrawal of the etary Fund . In every one of these failed economies, subsidy . The matter was further compounded when the immediate reactions of the leadership have electronic evidence emerged of bribe taking by been to impose harsher economic sanctions on an members of the investigating committee . already hard-up population . In Nigeria, the Central Policy and political background Bank had raised an alert that the country was not immune from the raging global economic crisis, and From the beginning of military rule in Nigeria in along with the Ministry of Finance, had provided the 1966, successive Nigerian governments had an- rationale for the removal of the petroleum subsidy . nounced a removal of the subsidy on petrol . Removal The implications of a 130% hike in the cost of fuel of the petroleum subsidy seems a cost-effective on a nation that has a youth unemployment rate and quick means to mobilise government funds . of 45% and a loss of over 1 .8 million jobs within a However, there has never been an in-depth investi- decade did not feature in the Nigerian leadership’s gation into the rationale of the oil subsidy removal . calculations . This followed a similar pattern in the The government’s standard explanation has always reaction of governments in countries that had gone been that the removal will lead to the availability of bankrupt across the world . resources to improve the living standards of Nige- A coalition of civil society groups in Nigeria had rians . However, over the years, living standards in questioned why, as a member of the Organization of this oil-producing nation have continually slipped; the Petroleum Exporting Countries (OPEC), Nigeria Nigeria now ranks 156th out of 187 countries on the

2 hdrstats undp. .org/en/countries/profiles/NGA html. 1 saharareporters .com/news-page/nigeria-announces-removal- 3 www .informationnigeria .org/2012/04/storm-gathers-over-subsidy- petrol-subsidy?page=5 probe-oil-chiefs-may-face-trial html.

172 / Global Information Society Watch has the highest cost of petrol per litre and is the only of petrol . The international dimensions of the oil member that imports 80% of its refined petroleum subsidy fraud in Nigeria had been documented in products 4. This situation has developed over the a WikiLeak release that showed that collusion by years due to failure to invest in the refinery and main- the Nigerian regulatory authorities led to the loss of tenance sector of the petroleum industry, despite the over USD 300 million 9. regular announcement of funds allocated for turna- To its credit, the House of Representatives had round maintenance of the existing refineries . opposed President Goodluck Jonathan’s plan to The mainstay of opposition to what is perceived scrap the oil subsidy when he presented it in 2011, as a widespread lack of transparency and account- calling it “premature” .10 Before the protests, gov- ability on the part of the Nigerian government and ernment agents had informed the nation that there its agencies in the oil industry has been Nigerian was a “cabal” that had misappropriated funds paid civil society . The government’s repressive tactics to subsidise fuel products . This admission by highly have not dimmed their vocal and independent re- placed government officials that there was a fuel- sponse to the Nigerian crisis .5 Their voices have subsidy syndicate was later confirmed when the been amplified by their access to the internet, and Nigerian Senate released the names of individuals the government propaganda machinery has not and companies that had received subsidy funds11 matched their effective use of social media . There and reported that they had subsequently refunded were whistleblowers who would release advance the amount they received 12. The Nigeria Customs notices of the government’s actions and they found Service revealed that the fuel subsidy problem had ready partners in civil society . Nigerian civil society its roots in the previous administration of President has also effectively linked up with Nigerians in the Olusegun Obasanjo and Adamu Ciroma, his finance diaspora,6 such as the US-based Nigerian Demo- minister 13. The government-run NNPC, which had cratic Liberty Forum (NDLF), making use of every the primary responsibility for the industry, has been opportunity to challenge visiting Nigerian officials 7. ranked the world’s least transparent state oil firm 14. The spontaneity and nationwide spread of vo- It was the findings of the House committee that cal discontent over the sudden removal of the petrol encouraged the federal government to institute its subsidy may have caught the government off guard . own investigations15 and demand that fraudulent Previous mass protest had usually been at the in- marketers refund the subsidy payments they had stigation of the Nigerian labour movement . But the collected 16. fuel protest had transcended such borders, and at The oil subsidy saga has been further com- a time when Nigeria was still under attack by fun- plicated by audiovisual evidence that linked key damentalist Islamic terrorists, the protesters had members of the fuel subsidy ad hoc investigating a common cause that also transcended ethnic or committee of the House of Representatives to at- religious divides . Reports were received of Mus- tempts to subvert justice by receiving a bribe from lims protecting Christian worshippers during the one of the indicted oil marketers . Video and au- anti-government protests, and Christians doing the dio evidence of the bribe was placed in the public same for Muslims .8 domain .17 The strident opposition of Nigerian civil society has helped to keep the oil subsidy issue in the lime- 9 saharareporters com/news-page/fuel-subsidy-rip-offs-wikileaks-. light and ensured the intervention of the legislative reveals-how-nnpc-cost-nigeria-billions-dollars 10 premiumtimesng com/news/3064-house-r. ejects-jonathans-plan- houses . The investigation by the ad hoc commit- to-remove-fuel-subsidy .html tee of the House of Representatives indicted the 11 saharareporters com/news-page/fuel-subsidy-scam-senate-. industry regulators, the NNPC and PPPRA, for their releases-names-cabal 12 premiumtimesng com/business/97551-fr. audulent-marketers- collusion with Nigeria’s oil marketers who had been refund-subsidy-payments-fg .html paid USD 255 million without making any supply 13 premiumtimesng com/news/3488-customs-fingers-olusegun-. obasanjo-adamu-ciroma-in-fuel-subsidy-s html. 14 saharareporters com/news-page/6bn-fuel-subsidy-scam-. 4 saharareporters .com/news-page/occupy-nigeria-civil-society- international-criminal-court-asked-prosecute-indicted-nigerian- labour-unions-engage-series-mass-action-january-2012 offic 5 saharareporters .com/news-page/occupy-nigeria-jonathan-orders- 15 www newsnet. com. .ng/news/17/08/fuel-subsidy-fg-names-21- arrest-femi-falana-tunde-bakare-dino-melaye-and-shehu-sanni companies-under-investigation-alleged-fraud 6 www .informationnigeria .org/2012/01/nigerians-in-diaspora-urge- 16 premiumtimesng com/business/97551-fr. audulent-marketers- prosecution-over-subsidy-graft .html refund-subsidy-payments-fg .html?doing_wp_cron=1352841983 .4 7 saharareporters .com/news-page/occupy-nigeria-protests-hold- 810919761657714843750 washington-dc-and-new-york 17 premiumtimesng co. m/politics/5869-farouk-lawan-agreed-to-send- 8 www .weeklytrust .com .ng/index .php?option=com_ third-party-to-collect-bribe-payment-new-audio-shows ht. ml and content&view=article&id=8159:why-occupy-nigeria-protests-are- saharareporters co. m/news-page/fuel-subsidy-probe-oil-biz-magnate- spreading&catid=40:cover-stories&Itemid=26 femi-otedola-confirms-bribe-lawmakers-thisday-newspaper

NIGERIA / 173 While the police were still investigating the al- ism against corruption in Nigeria .24 Many of this legations of bribery, there was an unexpected fuel generation of internet-savvy youth are under 35 scarcity in the country . The federal government and comprise more than 60% of the population of claimed that the artificial scarcity had been caused Nigeria . It was the netizens and their access to the by petrol marketers who had been indicted for cor- internet that kept the various corruption issues in ruption in the 2011 fuel subsidy scam 18. the public domain, beyond the reach of any govern- ment agencies . It was clear that citizens’ access to Conclusions information helped to minimise attempts by the Although corruption appears to be rife in govern- government to withhold or distort information . ment affairs,19 Nigerians have shown courage and Civil society may have come out of this expe- willingness to expose corrupt elements in the soci- rience stronger and better equipped to monitor ety . The entire fuel subsidy saga in Nigeria suggests government actions . The misgivings of civil society, that the various statistics being used to justify the which were initially discounted by the government, removal of the subsidy were flawed . If a subsidy ex- now appear to be closer to the truth than any infor- isted, it pales in significance when compared to the mation coming from government sources . level of corruption in the industry .20The Economic It is now clear that the government takes notice and Financial Crimes Commission (EFCC) seems to of the various internet-mediated activities of Nige- have lost steam and is seen by many Nigerians as rian civil society . The background research for this ineffective .21 report was conducted on the internet, while the au- The struggle for justice in the wake of the fuel thor was living in a remote village that has no grid . subsidy removal has shown that Nigerian civil so- The only requirement is access to the net . The core ciety may not always share the same interests and civil society activists have the skills and some re- strategies with organised labour (the Nigerian La- sources to keep up the struggle against corruption bour Congress and the Trade Union Congress) . Civil in Nigeria . The evidence so far shows that they can society took exception to the way organised labour win the battle . called off the first wave of civil disobedience with- out adequate consultation .22 Action steps Civil society groups have continued to demand The high level of corruption in Nigeria could not justice and the resignation of key government have been exposed without the internet . Civil socie- officials whose offices have been linked to the inef- ty, within and outside Nigeria, is largely responsible ficiencies that led to the massive corruption found for digging up relevant information, disseminating in the management of the fuel subsidy fund . So far it and keeping it in the public domain . Nigerians the officials of the Ministry of Petroleum Resourc- must continue to insist on access to the hard facts es and the NNPC have resisted the calls for their that can be used to bring corrupt people to justice . resignation .23 The cost of internet access has not deterred Internet access and the expertise to deploy the Nigerians from ensuring their views are heard and whole range of social media – Twitter, Facebook, disseminated through the internet . Nevertheless, blogs, and photo- and video-sharing sites like lobbying for affordable access remains a civil so- Flickr and YouTube – have made Nigerian netizens ciety priority . There is a ray of hope that the optic a significant player in the exposure and civic activ- fibre that is still lying idle at the Lagos port will be rolled inland to ensure affordable access for more

Nigerians . n

18 premiumtimesng .com/news/96720-indicted-marketer-instigating- fuel-scarcity-fg .html and premiumtimesng .com/news/96860- government-vows-more-action-against-rogue-marketers-despite- fuel-scarcity .html 19 saharareporters .com/letter/corruption-%E2%80%93- nigeria%E2%80%99s-37th-state 20 premiumtimesng .com/business/96716-exclusive-nigerias-biggest- oil-fraudsters-the-worst-subsidy-scam-ever .html 21 saharareporters .com/report/weak-efcc-and-endemic-corruption- pm-news-editorial 22 saharareporters .com/news-page/fuel-subsidy-probe-oil-biz- magnate-femi-otedola-confirms-bribe-lawmakers-thisday- newspaper 23 africanspotlight .com/2012/04/nigeria-we-wont-resign-over-house- 24 saharareporters .com/column/nigerian-netizens-and-man-palm- subsidy-report-say-alison-madueke-nnpc-boss oil-bling-bling-pius-adesanmi

174 / Global Information Society Watch Occupied Palestinian Territory L inking ceNSORSHIP and corruption

Company, or PalTel, still provides most Gaza inter- Maan News Agency 2 George Hale net services . www .maannews .net A reconciliation deal signed in Cairo in 2011 re- mains unimplemented due to differences about the makeup of a Palestinian unity government . Until Introduction then, the legislative council cannot consider legal Is withholding information from the public an act reforms backed by much of the Palestinian media, of corruption, in and of itself? The question is be- and the ICT sector, who want realistic protections ing posed with new urgency in the occupied West for freedom of speech and access to information . Bank, where an already contentious debate over While there is no law expressly forbidding criticism freedom of speech collided this spring with the of the government, Palestinians face many obsta- territory’s nascent information and telecommunica- cles to free speech . Arrests and interrogations are tions policy . commonplace . In Gaza, Hamas authorities censor In February, the Palestinian Authority imple- culturally “sensitive” web content like pornography 3. mented a secretive initiative to force internet Currently Palestine has neither an electronic service providers (ISPs) to censor news critical of media law nor a freedom of information act, but the president, Mahmoud Abbas . But unlike in neigh- proposals are already drafted in the event a unity bouring regimes where internet users are aware of government is formed 4. Palestinian organisations restrictions, Palestinian officials repeatedly denied campaigning for such reforms include Aman, the lo- censoring the web . They dismissed allegations from cal branch of Transparency International, and Mada, website administrators and told journalists the pro- the Palestinian Center for Democracy and Media gramme simply did not exist . Freedoms, a vocal press freedom group 5. Each month, With the assistance of new censorship-detection Mada records known violations by Palestinian and Is- technology, a team of journalists at the Bethlehem- raeli forces in both the West Bank and Gaza 6. based Maan news agency proved in April that it did exist . The ensuing outcry led to the resignation of When censorship is allied to corruption a cabinet minister and inspired a presidential order In its February report, Mada expressed concern putting an end to government censorship of the in- about increasing security control over websites and ternet once and for all . social networking sites in the West Bank, among As a successful first trial of promising new tech- them two news websites it claimed had been nologies that can detect web filtering, the episode blocked 7. Mada demanded that security services marked a turning point for online freedom of speech cease violations in line with the Palestinian Basic and access to information in the occupied territo- Law, which prohibits censorship of the media 8. ries . It also makes a compelling case for stepping According to the group, the news website Amad re- up collaboration between ICT and media stakehold- ported on 2 February that it was rendered unavailable ers everywhere . in the West Bank upon the orders of the Palestinian attorney general, Ahmad al-Mughni . Website staff told Policy and political background Mada that al-Mughni had “ordered the Palestinian Tel- Palestinians have been ruled by rival regimes since ecommunications Company through an official letter 2007, when internal political violence split the to block the site from the West Bank . The site admin- West Bank and Gaza into separate administrations . istration wrote several times to the attorney general Each has its own Ministry of Telecommunications and Information Technology, and policy coordina- 2 www paltel. .ps 1 tion is virtually non-existent . However, the West 3 opennet net/r. esearch/profiles/gazawestbank Bank-based Palestinian Telecommunications 4 www ar. ticle19 .org/data/files/pdfs/analysis/palestine-2005 .pdf 5 www aman-palestine. .org 6 www madacenter. or. g/reports .php?id=13&lang=1 1 www .pmtit .ps 7 www ma. dacenter or. g/report ph. p?lang=1&id=1147&category_id=13 www .mtit .gov .ps 8 Article 27 3. of the Palestinian Basic Law.

OCCUPIED PALESTINIAN TERRITORY / 175 requesting that he remove the block since it is in viola- Maan had been told by government sources who tion of Palestinian law ”. opposed censorship: PalTel, through a subsidiary, Then, on 9 February, the Milad news site claimed was misleading tens of thousands of subscribers by it too was being blocked upon government orders, intercepting load requests and altering the output Mada reported . “Official Palestinian authorities or- to return error responses .14 It was a common ap- dered the Palestinian Telecommunication Company proach known as transparent HTTP proxy filtering 15. to block the website in the West Bank and Gaza In late April, Maan published the first part in a se- Strip without any legal justification,” administra- ries highlighting the findings . It concluded that eight tors wrote . Both reports were unusual, and passed websites were being blocked by Hadara, a company unnoticed, because the Palestinian Authority had owned by the PalTel Group which claims 60% of the maintained a relatively good record of keeping the Palestinian internet market 16. The disclosures infu- internet unrestricted until this point 9. riated the local ICT sector and invited scrutiny from Moreover, senior Palestinian officials denied press freedom groups and foreign governments . The censoring the web in any form . When a journalist Palestinian communications minister resigned in dis- from Maan asked al-Mughni about allegations that gust, leaving Attorney General al-Mughni little choice he had restricted Amad and Milad, the attorney but to acknowledge his instructions to the ISPs 17. general responded, “I have no background on this Soon after, President Mahmoud Abbas stripped the issue .” Asked why sources at more than one ISP attorney general of authority to use web filtering as had claimed he handed them orders to block access a judicial tool, and he dispatched al-Mughni to tell to websites, he replied, “I am not the court .”10 ISPs of the reversal 18. The websites have been oper- Representatives of PalTel were similarly unco- ating normally since 6 May . operative, although company technicians said they The episode was a successful first trial of the feared retribution for talking to the media . Asked if groundbreaking technologies being developed by PalTel subsidiaries were blocking any websites, a Appelbaum and Filasto at the Open Observatory spokeswoman said, “We don’t do that .” But after for Network Interference (OONI), a start-up they consulting with her lead technician, she clarified are referring to as a “human rights observation that PalTel, like all Palestinian companies, is obliged project for the Internet” .19 Part of the Tor Project, to comply with official decisions in accordance with OONI is building “an accurate representation of the law .11 (PalTel’s top executive eventually issued a network interference” around the world through statement on the company’s policies .)12 the collection of data and observations about the Faced with repeated denials from government “levels of surveillance, censorship, and networked authorities and ISPs, and an ever-present threat discrimination by networked authoritarian pow- of lawsuits often filed against Palestinian media, er structures .”20 It aims to accomplish this goal Maan sought assistance from network security ex- through open methodologies and free and open perts based in the US and Italy . We predicted that source software (FOSS) . proving the existence of censorship definitively The observatory’s expert developers hope – rather than simply repeating the claims of anony- that one day soon, the mapping and tracking of mous sources – might protect the network from any country’s real-time filtering behaviour will be retaliation and ensure the facts would be taken se- as easy as checking the weather . Its plug-in, the riously by local experts . “OONI probe”, works by connecting multiple ma- Approached by Maan, Jacob Appelbaum and chines in separate areas onto a shared network .21 Arturo Filasto, two of the developers behind the on- After installing the plug-in, large lists of websites line anonymity project Tor, remotely repurposed an – the Alexa top million is a default – can be test- old MacBook at a reporter’s West Bank apartment ed by recording the information flowing between into a powerful tool for effecting ICT policy change them . Any discrepancies in load time indicate that a and challenging state secrecy .13 On it, they installed a specially designed plug-in to scan networks for evidence of a certain type of web filtering . The plug- 14 ooni .nu/media/releases/2012/Hadara_Palestine/hadara_ palestine yamlooni. .tar .gz in confirmed independently and forensically what 15 ooni .nu/reports/2012/Hadara_Palestine html. 16 A ninth website was discovered over the course of reporting . 9 www eff. .org/deeplinks/2012/04/palestinian-authority-found- 17 www maannews. .net/eng/ViewDetails .aspx?ID=480861 block-critical-news-sites 18 www maannews. .net/eng/ViewDetails .aspx?ID=482586 10 www maannews. .net/eng/ViewDetails .aspx?ID=478726 19 ooni .nu 11 www maannews. .net/eng/ViewDetails .aspx?ID=479638 20 opennet net/blog/201. 2/05/tor-projects-ooni-tool-receives- 12 www maannews. .net/files/Paltel_CEO_250412 .pdf positive-feedback 13 www torpr. oject .org 21 trac torpr. oject .org/projects/tor/wiki/doc/OONI/Methodology

176 / Global Information Society Watch connection on one part of the network may be expe- transparent method of enforcing political censor- riencing interference by a third party 22. ship . Unlike in Gaza where Hamas blocks whole The real-world implications of making such tech- categories of supposedly societal taboos, such nical data widely available became apparent when as pornography, the Palestinian Authority did not the Palestinian communications minister, Mashour disclose its censorship of opposition content . If a Abu Daka, resigned for “personal reasons” two days public cannot know what is censored, there is no after Maan published OONI’s findings 23. But Abu way to hold the censors accountable through tradi- Daka went out swinging – he denounced the censor- tional channels . ship and accused the attorney general of criminality Indeed, the “internationalisation” of the contro- no different from other kinds of misconduct like versy, and its role in achieving a positive outcome, graft or bribery . “Withholding information from the is instructive for future efforts in internet and tel- public is a form of corruption,” Abu Daka said in a ecommunications policy reform . The partnering of swipe at corruption inquiries that were being pub- OONI with local media proved decisive in the Pales- licised at the time 24. “The Palestinian people, who tinian Authority’s decision to stop filtering the web fought and lost innumerable martyrs, have a right to because it expanded the focus of technical data know what’s going on . What’s happening now is an from a limited core of experts to the public at large . attempt to play them for fools,” he said 25. Once accessible to stakeholders in the media and Abu Daka’s unapologetic defiance of the at- international community, the issue became a policy torney general’s actions, and of his efforts to keep priority for diplomats and foreign correspondents in them relatively secret, paved the way for other of- the region who sought explanations from the gov- ficials in Palestine and abroad to express their own ernment . According to Israeli media, the reversal objections . Months of denial and misdirection sud- was likely the result of criticism from the US, EU and denly fell apart as the attorney general was forced foreign human rights groups . A Western diplomat to admit and even defend the filtering plan to the and Palestinian officials said US and EU diplomats media .26 Although it was shuttered upon an execu- had contacted Abbas and his Prime Minister Salam tive order from Abbas, the decree came only after Fayyad to voice their “deep concern” 30. he had been subjected to sharp criticism from press The US, in particular, took a firmer-than-usual freedom groups, the US, and officials in Ramallah .27 tone with the Palestinian Authority, which is one Among the officials: his prime minister, a top PLO of the top recipients of US development and secu- leader and the president’s own advisor for internet rity assistance . “We’ve had these concerns in other affairs 28. parts of the world, and we wouldn’t want to see the Evidently, it was this exposure to criticism – PA going in the direction that some of those regimes rather than of corruption – that changed policy . ICT have gone in,” an official in Washington said 31. Oth- specialists for two of the censored websites had al- ers from the US State Department and White House leged censorship since February with no effect; it visited Ramallah, the seat of the Palestinian Au- was not enough to simply uncover the facts . There thority, and told Palestinian media why they backed is also evidence that some Palestinian officials who an open internet, while the consul-general in Jeru- condemned the censorship in the spring had known salem reiterated the US position on World Press about it for months but took no action 29. Freedom Day 32. The Palestinian Authority’s filtering of web- sites critical of Abbas was by its nature an action Conclusion of privilege; it was also corrupt because there is no Only when sustained scrutiny was directed toward the Palestinian Authority did it back down from a 22 The Alexa list includes many relevant sites, but issue-specific or dangerous plan to introduce unchecked web filter- single-language lists may improve results depending on the region ing . Public awareness was the result of joint efforts where the network being scrutinised is based . Importantly, the source code is freely available: github .com/hellais/ooni-probe by members of sectors whose viability depends on 23 www .forbes .com/sites/andygreenberg/2012/04/30/the-tor- an open internet . These stakeholders can build on projects-new-tool-aims-to-map-out-internet-censorship the success and collaborate to protect the essential 24 www .maannews .net/eng/ViewDetails .aspx?ID=480432 role of information access and the free flow of ideas 25 www .maannews .net/eng/ViewDetails .aspx?ID=480195 26 www .maannews .net/eng/ViewDetails .aspx?ID=480861 in Palestine . 27 www .maannews .net/eng/ViewDetails .aspx?ID=482586 28 www .maannews .net/eng/ViewDetails .aspx?ID=480432 29 According to Abu Daka, the issue was raised at cabinet meetings where all present expressed opposition . And the attorney general, 30 www .jpost .com/MiddleEast/Article .aspx?id=268793 in one of his final attempts at defending the initiative in May, called 31 www .maannews net/eng/V. iewDetails aspx?I. D=479874 those criticising him hypocrites as the plan was discussed in fall 2011 . 32 www .maannews net/eng/V. iewDetails aspx?I. D=482095

OCCUPIED PALESTINIAN TERRITORY / 177 When a top official whose role is to modernise Action steps an open telecommunications infrastructure cannot • Promote ICT policy priorities shared by the continue serving in government in good conscience, Ministries of Communication and Information the ICT sector has reason for pause . But when an Technology in the West Bank and Gaza Strip . entire cabinet is unable, or unwilling, to criticise a rogue assault on the foundations of that community • Promote the implementation of an agreement – that is a crisis . signed in Cairo to dissolve bans, in place since Although the attorney general ultimately failed 2007, on certain Palestinian media . to seize control of the internet, his plan harmed the • Promote the ratification of a draft law protecting ICT sector’s reputation amongst investors . It por- access to information that allows citizens to file trayed the sector as amateurish and unstable, even timely freedom of information requests . though it is among the region’s most progressive . • Promote the enactment of an electronic media To the media, it damaged the reputations of Pal- law that explicitly guarantees the right to pub- estinian journalists by presenting them as pawns lish information without interference or fear . of political elites, even though they are not . Fortu- • Promote policies that protect whistleblowers nately, this encroachment failed due to joint efforts and prohibit punitive actions against public and between the sectors . The rare success was an im- private employees who expose wrongdoing . portant precedent for collaboration in the spirit of protecting trade interests when they overlap . • Educate journalists and media workers about newly developed technologies to assist the de- Palestinians who value transparency in govern- tection of unauthorised network interference . ment won an important victory this year thanks to a unique partnership between the ICT sector and lo- • Educate the ICT sector about the need to promote cal media . They already share common values, chief policy priorities in the general media, especially among them the pursuit of and access to informa- when they are shared and in the public interest . tion . Increased cooperation can boost overlapping • Encourage foreign governments to withhold se- interests as well as the fundamental mission shared curity assistance to authorities who use their by both sectors: making information available to authority to stifle freedom of speech or access the public . to information . n

178 / Global Information Society Watch Pakistan Failures of governance…

At the same time, young people have found a Bytes for All Pakistan Shahzad Ahmad and Faheem Zafar new platform to interact, express their opinions and www .bytesforall .pk raise different concerns by using internet-based technologies . Approximately 65% of Pakistan’s population is under the age of 25,5 and as the inter- Introduction net becomes a popular medium for a large chunk of Political crises, corruption, extremism, the war on the Pakistani population, attempts by the govern- terror, hostility with neighbouring countries and an ment to control it are also intensifying . Censoring/ immature democracy witnessed by the repeated filtering the internet is typically done by authorities imposition of martial law are the major reasons using different, vague excuses such as “national se- why Pakistan is lagging behind in almost all socio- curity”, “religion” and “morality” . economic development indicators on the Human Development Index, including health, security, edu- E-Government Directorate of Pakistan: cation, poverty, income and gender equality .1 The story of a failure Yet in many ways Pakistan offers an insightful Providing good governance was always one of the study on e‑governance and its implementation in a most visible shortcomings of successive govern- developing country – most importantly, given the ments in Pakistan . As the use of ICTs witnessed a rapid expansion of information and communica- boom over the last decade, the government tried tions technology (ICT) infrastructure in the country to use it as a remedy for its governance worries . A over the last decade . In 2000, there were 2 .3 tele- specialised department called the Electronic Govern- phone subscribers per 100 inhabitants; the number ment Directorate (EGD)6 was set up in 2002 under increased to 11 9. per 100 inhabitants in 2005, and the supervision of the Ministry of Information Tech- then to an impressive 72 .1 per 100 in May 2012 2. nology . The basic task of this department was to According to the latest statistics there are approxi- improve people-to-government interaction and make mately 29 million internet users in Pakistan, with a it convenient for citizens to contact, obtain informa- 15 .5% internet penetration rate in the country 3. And tion from, and provide feedback to the government . as this report shows, corruption and mismanage- Under the broad function of making people-to- ment were key elements in the failure of setting up government interaction more convenient by using a successful e‑government system . technology, there were many steps which were proposed to give the EGD a direction and a proper Policy and political background vision to achieve its goals . Some of the important Governance is one of the major areas where Pakista- functions were:7 ni governments have struggled, largely due to the • Development of e‑government projects incompetency of lawmakers and massive corruption in the bureaucracy . Even the thought of interacting • Preparation and implementation of federal level with a government department is a nightmare for an e‑government projects approved by the Ministry ordinary citizen in Pakistan . of Information Technology Pakistan’s performance in implementation of • Introduction and supervision of the standards, e‑government development infrastructure is not satis- blueprint and guidelines for e‑governance factory . According to the United Nations E-Government • Reduction in the cost of service to citizens by Survey 2012, Pakistan was ranked 131st in 2008 in the providing government information to the public world e‑government development index and fell even through a government portal further to 146th in 2010 and 156th in 2012 4.

5 www .pakboi .gov .pk/index .php?option=com_content&view=article 1 hdrstats .undp .org/en/countries/profiles/PAK .html &id=128&Itemid=55 2 www .pta .gov .pk/index .php?Itemid=599 6 www .e-government .gov .pk 3 www .internetworldstats .com/asia .htm#pk 7 Arfeen, M . I . (2004) Impact of E-Governance on the Economy of 4 unpan1 .un .org/intradoc/groups/public/documents/un-dpadm/ Pakistan - The Revolutionary Plan . www .pide or. g pk/pdf/psde%20. unpan048590 .pdf 19agm/irfanullah%20arfeen .pdf

PAKISTAN / 179 • Making all the forms of the departments, agen- The EGD’s performance cies and ministries of the government available After all these fancy promises, agendas and plans, to access and to submit online the EGD’s performance was never translated into • Giving citizens easy access to information on something concrete on the ground in the shape of jobs, tenders and official gazette notifications, an e‑governance infrastructure in Pakistan . Mis- amongst other things management, corruption and the lack of a sound footing and proper vision haunted the EGD from the • Ensuring the availability of complete, correct very beginning .9 and up-to-date information about ministries, The management of the EGD compiled a list departments and officials, including their con- of 40 projects as a priority under the umbrella of tact information and qualifications introducing e‑governance in government depart- • Making it possible for citizens to use ICTs for the ments and ministries by digitalising the data and payment of utility bills and taxes centralising the official databases, and creating a • The development of transparency in govern- network between departments in order to get rid ment-public interactions of the complex file culture . An amount of PKR 2 .5 billion (USD 26 million) was allocated for these • Improving the productivity of government em- projects, but only PKR 1 .14 billion (USD 11 mil- ployees by automating the routine functions of lion) was used in the following six years until June the government 2008 .10 What the EGD achieved was that it created • Making the process of interacting with govern- the websites for all the government ministries and ment officials more responsive and less time departments – but there was no effort from its side consuming for citizens to keep them functional . Email addresses, phone numbers, names and titles of officials are mostly • Enhancing the skills of government employees outdated or wrong .11 The very purpose of e‑gov- through training to enable the quick adoption ernment is to facilitate the citizens’ convenient of IT (all government officials are to be made IT interaction with government officials and depart- literate) ments, but this purpose was largely ignored, • The use of ICTs to link government ministries/ and just developing a website for a government divisions/departments department was considered enough to serve the • Facilitating the conversion of all official commu- purpose of the EGD . nication to email . To understand more about what exactly trig- gered this failure of the EGD to deliver, let’s take These were the main proposed functions and a look at the Special Audit Report on the EGD: the guidelines for the EGD project . Mentioning these report says that the funds allocated to the EGD functions is important to see how well the EGD has were used inefficiently . For example, under the managed to deliver on its promises . Federal Government Data Centre and Internet Pro- To further enhance the performance of the EGD, gramme, PKR 223 million (USD 2 .3 million) out the government developed a five-year ‑e government of PKR 493 million (USD 5 million) were spent on 8 plan in 2005 . The plan targeted different areas of laying down fibre optic cable and other hardware e‑governance, including the development of basic equipment . The audit report says: “Huge expendi- infrastructure to link all government departments ture has been incurred on laying fibre optic cables and ministries with the federal government’s data and procurement of hardware, which was not being centre, the development and implementation of utilised effectively .”12 The report further says: “Sev- standard software for internal communication, hu- eral projects were initiated, which either could not man resource, budget, and project management, be completed or the infrastructure deployed was document/file management, and for collaboration under-utilised . Consequently, government offices with the Ministry of Information Technology and other divisions . Other areas of work included de- veloping agency-specific applications, e‑services 9 Bukhari, I . (2011) Electronic governance project fails to deliver, for citizens, developing an EGD framework and the Pakistan Today, 10 June . www .pakistantoday com. .pk/2011/06/10/ news/national/electronic-governance-project-fails-to-deliver creation of a productive and progressive environ- 10 Auditor-General of Pakistan (2011) Special Audit Report on the ment to get the desired results . Electronic Government Directorate (EGD) . 11 Attaa, A . (2010) Why Government Websites are Big #Fail, ProPakistani, 30 April . propakistani .pk/2010/04/30/why- 8 unpan1 .un .org/intradoc/groups/public/documents/apcity/ government-websites-are-big-fail unpan037732 .pdf 12 Bukhari, I . (2011) op . cit .

180 / Global Information Society Watch have not leveraged information and communication appointments as chairman to the EGD made it technology effectively .”13 difficult to have a constant flow in the policies Leakages, lack of stakeholders’ involvement and implementation of the EGD’s projects 17. and control failures made implementation of the • The improper utilisation of funds remained a project objectives difficult for the EGD . The Special big issue . The main problem was not getting Audit Report further says: “Stakeholders were not the money, but properly using it for the right adequately involved in project implementation de- projects with proper planning . spite the fact that such involvement was critical to the awareness, ownership and sustainability of au- • A lack of technical know-how at the managerial tomation initiatives ”. 14 level was another weakness which resulted in Another instance of mismanagement and po- the failure of many of the EGD’s projects . There tentially even corruption concerned the project for was less emphasis on training of employees and the chief commissioner’s office, where PKR 80 .4 managers and more on making them do tasks million (USD 840,000) was allocated for the project, they were not trained to do . but only PKR 63 million (USD 660,000) was spent • Contract-based employment was another issue by June 2008 – at which point only two out of the which worsened the situation at the EGD . Most 33 envisaged modules had so far been developed .15 of the employees were hired on contracts and The report also revealed that an expenditure of not as full-time employees . This policy resulted PKR 2 .91 million (USD 300,000) was incurred due to in making employees concerned about their a delay in a contract . The EGD had given the contract job security and had a negative effect on their to the second-lowest bidder after the first-ranked performance . bidder declined to supply at the quoted price . The • The whole system of e-governance is to facilitate prolonged delay resulted in the expiration of the the citizens, but citizens were never involved bid’s validity, which caused a loss of PKR 2 .91 mil- in any kind of decision making regarding what lion (the difference between the first and second kind of facilitation they wanted and how ICTs lowest bidders) 16. could best be used to interact with government Other reasons for the failure of the EGD departments and ministries . The case of the EGD’s failure is a perfect example Conclusion of how a lack of proper planning and vision can The EGD was established to take advantage of destroy an initiative which is otherwise very man- ICT infrastructure in Pakistan . The boom in tel- ageable – and is a practical attempt to use the ecommunication services and expanding internet country’s booming ICT infrastructure to improve the infrastructure was an ideal platform for a special- government’s ability to serve people . ised department like the EGD to perform . But the After gathering some information from sources failure of the EGD to implement a proper e‑govern- within the EGD, other reasons for the EGD’s failure ance system is an important indicator of the damage were given: that corruption and mismanagement can inflict . • The EGD started off with the promise of com- The EGD initiated many projects; it was success- pleting a lot of tasks to improve the interaction ful in providing nearly all ministries and government between government and citizens . While what departments with an online platform in the shape the EGD needed to do was clearly established in of websites and portals . What went wrong was that its plans, the important part of how to achieve these websites and portals were unable to achieve these plans was either very weak or missing . what they were supposed to achieve . The EGD con- • Due to a weak implementation strategy for the sidered its duty finished after providing a website EDG’s projects and tasks, the department was to each ministry and government department, and unable to secure a sound footing in the project completely ignored the real work of keeping those from the start . websites up to date and functional . Today, in Pa- kistan, citizens are still awaiting a proper website • Political interference in the matters of the where they can contact government officials or get EGD played a big role in its failure . The new information regarding any government ministry or department . 13 Ibid . 14 Ibid . 17 Transparency International Pakistan (2010) Minister suspends EGD 15 Ibid . chief for “illegal recruitments, fraud”, 6 June . www tr. ansparency . 16 Auditor-General of Pakistan (2011) op . cit . org .pk/news/newsdetail .php?nid=556

PAKISTAN / 181 The EGD’s failure was the result of many wrong- • Political interference at the EGD impacted nega- doings, which mainly include: tively on the progress of the department . To • Improper utilisation of funds due to corruption ensure the success of a department it is impor- and negligence tant that leadership provides constant support without changing its policies every few months • The lack of a sound operational foundation due to a change in management for political • Political interference, which resulted in a con- reasons . There must not be any kind of political stant change of management at the EGD interference in the matters of the EGD . • Contractual weaknesses • It is essential to involve the end users in the process of decision making by seeking their sup- • The lack of well-defined strategies to accom- port and suggestions regarding improving the plish goals system and giving them a sense of ownership . • The absence of end users having a say in the • Proper training of managers and employees of planning phase . the EGD is essential . Placing the right person Action steps in the right job is important . The EGD suffered because of the lack of technical know-how of its A few recommendations for the EGD: employees . It is highly recommended that the • Transparency is very important for any depart- organisation provide all the relevant training to ment . The EGD suffered because of a misuse employees and management to run the depart- of funds . This shows how critical it is to have a ment more effectively . n proper system of checks and balances when it comes to managing finances . • It is important to provide a sound footing to a department to ensure its effectiveness . A prop- erly defined vision for the EGD with a proper structure and policies is the first step to turn it into a successful organisation . • Providing goals and telling a department what they are supposed to do is important, but it is much more important to define proper strate- gies which will govern the functionality of a department . The vision was there for the EGD, but there was no strategy to successfully imple- ment the projects and ultimately achieve the proposed goals . It is important to take this issue of strategy seriously .

182 / Global Information Society Watch Peru Access to public information, transparency and citizen participation in Peru

structure of many public entities, since it establish- Red Científica Peruana (RCP) and Consorcio para el Desarrollo Sostenible de la Ecorregión es a procedure for access to public documents, and Andina (CONDESAN) obligations, exceptions and responsibilities of the Jorge Bossio, Leonor Lamas and Miguel Saravia entities who manage the information . www .rcp net. pe. and www .condesan .org According to the law, the Vice-Ministry of Pub- lic Management at the Presidency of the Council of Ministers is responsible for formulating, coordinat- Introduction ing, monitoring and evaluating policies to do with In 2000, the process of democratic transition and access to public information, promoting ethics in institutional strengthening began in Peru, after public service, transparency and citizen monitor- ten years of authoritarian government which was ing . The vice-ministry must monitor public entities’ marked by corruption and the dominance of the compliance with the law and report annually to the economic interests of powerful business groups Congress of the Republic . and individuals . During this period the country’s The citizens’ right to access information of public democratic institutions were dismantled, the media interest is protected by habeas data, which is a legal was bought, and opposing voices were persecuted . recourse against any public officer who violates or In this context, maintaining a “culture of secrecy” threatens the right to access to public information . was the key for those who were in power, and this In Peru, however, the right to public information is secrecy was secured using ill-gained money, some- restricted because it does not allow access by third times from public funds, and at other times from parties to private data, in order to prevent extortion illicit drug and arms trafficking, all of which includ- and to preserve the secrecy of trade data . ed different levels of corruption . When the regime of Alberto Fujimori came to State initiatives an end, all the political parties and the representa- Portals for transparency tive institutions of civil society were invited to form The Law on Transparency and Access to Public In- the National Agreement, a process of dialogue and formation obliges all national, regional and local consultation to define a national development strat- government entities to implement and manage egy . The Truth and Reconciliation Commission was websites for the dissemination of information of formed, and the importance of transparency in the public interest, such as public investment projects, actions of the state and the right to access to public budgets, personnel, contracting and procurement information were recognised . information . This report describes the progress made by Peru During the first years of implementation, there regarding access to public information, transpar- was a progressive step forward in compliance on ency and citizen participation, highlighting cases the part of both the national ministries and regional which have used the internet and other information and local governments . An assessment made by and communications technologies (ICTs) to facili- the group Propuesta Ciudadana (Citizen Proposal) tate these processes . in 2009 showed that the number of portals has Transparency and access increased since 2007, and the quality of the infor- 1 to public information mation offered has improved considerably . However, although the portals offer consider- Institutional framework able data on the institutional budgets, data related The Peruvian Constitution (article 2, paragraph 5) to income and salaries of public officials is still poor recognises the fundamental right of access to pub- and outdated . lic information . The legal development of this right In June 2010, to standardise compliance with the corresponds to the Law on Transparency and Access law, the Vice-Ministry of Public Management issued to Public Information (Law No . 27806) of July 2002 . Supreme Decree No . 063-2010-PCM, which approves The implementation of this law has meant signifi- cant changes in the functions and organisational 1 Interview with project leader Katia Sotomayor .

PERU / 183 the implementation of a “transparency portal” web The contents of the citizen modules have been page . Progress in the implementation of this new reg- translated into Ashaninka, Quechua and Aymara,4 ulation has been slow . An assessment prepared by facilitating the access of indigenous communi- the Office of the Ombudsman in 2011 shows that only ties . In some locations, the modules have been so the provincial government of Huamanga has imple- successful among the local population that the mu- mented its website 100% . It has also been observed nicipal authorities have invested money from their that there is no synergy between the information own budgets to strengthen the system . published by regional governments and municipali- ties on their institutional portals and information Rural municipalities5 offered on the transparency websites . These levels Since the 1990s, district councils have acquired of government prioritise information dissemination particular importance thanks to the promotion on the institutional portals, which do not facilitate a of decentralisation . The 1993 Constitution gives citizen’s search for public interest data . a greater range of powers and responsibilities to district municipalities and with it the possibility of Comun@s Project having a larger budget . Having greater economic re- With the aim of expanding access to public infor- sources generates two consequences: on one hand, mation, strengthening the management of local the need for a larger municipal administrative appa- governments and expediting the provision of serv- ratus, enabling the management of these resources, ices in rural areas, the Presidency of the Council of and on the other, the need for greater control and Ministers, with the support of the National Office of monitoring of expenditure of public resources by Electronic Government and Information Technology the Ministry of Economy and Finance (MEF) . In this (ONGEI), the Ministry of Transport and Communica- context, an online system was developed with the tions (MTC), the Telecommunications Fund (FITEL), objective of monitoring the effectiveness of public the Decentralisation Secretariat and the United spending . The use of this system for the registra- States Agency for International Development (US- tion and reporting of tax information as well as the AID), created the Comun@S Project . This was mandatory publication of information on the por- implemented by the Association for Educational De- tal in order to ensure transparency has effectively velopment (AED) in 2010 . encouraged rural municipalities to use ICTs for eco- In its first stage, the project provided training to nomic and financial management . authorities and public officials of 121 municipalities However, the implementation of this system, in the use of the internet and the creation of insti- designed from a developed, urban perspective, has tutional web portals . Through awareness-raising generated unexpected results because of the lack of campaigns, they also sought to inform the public connectivity and capacity for management, and the about the right to access to information . The aim use of technology at the local level . Since there are was to promote more transparent, open and repre- neither good connections nor appropriate techni- sentative governments . cal staff in rural areas, the rural municipalities have The project also offers “citizen modules”2 from opted to establish an office in the nearest town and which people can access information about local move part of their offices to the city . However, this government management, participatory budget- has created discontent amongst the population, ing, municipal engagements, municipal procedure who felt that their leaders were governing from the costs, and other relevant data . The project has also cities . Even with the existence of portals to access implemented the Comun@s broadcast network, information, citizens do not have access to the in- formed by a group of communicators, social lead- ternet, and therefore, their only option to make ers, officials and citizens committed to their towns, themselves heard to is to travel to town or the near- which voluntarily promotes participation and coop- est city . Because of this we find that the government eration in local government using ICTs . has not moved closer to citizens using ICTs – on the Despite its limited scope, the Comun@s Project contrary, it has moved further away . has managed to increase access to public informa- tion, especially during the electoral period . The number of queries handled by the project’s Online 3 Assistance Service has also increased . 4 Indigenous languages are used by between 10% and 15% of the Peruvian population . 5 León Kanashiro, L . (2010) Implicancias del uso de las tecnologías 2 Stand-alone kiosks with information available for citizens . de la información y comunicación en municipios rurales. Un 3 Presidency of the Council of Ministers (2011) Comunas: la estudio de caso en Ayacucho, Perú, Red Científica Peruana, Lima . transparencia sí se puede ver . www .upf .edu/amymahan/_pdf/101105_ponencia_LEON .pdf

184 / Global Information Society Watch Open Government Action Plan Civil society initiatives In September 2011, the Peruvian government joined Justice and Transparency6 the Open Government Partnership, an international With the objective of improving the process of deci- multilateral initiative that aims to promote trans- sion making by citizens, the NGO Suma Ciudadana parency at a global level, curb corruption, empower implemented a portal called Justice and Transpar- citizens, and improve accountability and the effec- ency that seeks to become a database of all the tiveness of governments through the use of new cases of habeas data7 opened in the Constitutional information technologies . Court . The aim is to facilitate information about the The Open Government Action Plan was de- right to access information, as well as information signed to establish mechanisms that would on securing that right – all this in a free, quick, or- achieve these objectives and commitments . The ganised and user-friendly way . importance of this initiative has been its devel- opment through a concerted and participatory Promesómetro8 process involving public and private entities . Promesómetro (“promise meter”) is a web portal Among the participating institutions of govern- created by the NGO Proética which seeks to facilitate ment were the Office of the Comptroller-General, communication between authorities and citizens the Ombudsman, the Ministry of Foreign Affairs about the promises that were made during political and the Presidency of the Council of Ministers . campaigns . The users can comment on what they Four organisations were invited from civil society, heard from candidates during their election cam- forming a collective . The institutions were: NGO paigns, and then reflect on and discuss whether Proética, Ciudadanos al Día, the Peruvian Press those campaign promises were actually met . Council and the National Association of NGOs . A year ago, Proética started a redesign of the The objectives of the Open Government Action website to make it more attractive and accessible Plan were grouped into three major areas: transpar- to users . At the moment the portal is ending its trial ency and fighting corruption; citizen participation period9 and it is hoped it will be re-released with and monitoring of government; and improving the new features in upcoming months . quality of public services . The use of internet tools is essential for More Culture10 the fulfilment of these objectives, according to More Culture is an initiative by Culturaperu .org, a Rocío Vargas, coordinator of ethics, transparency portal that promotes transparency, accountability and citizen monitoring at the Vice-Ministry of and citizen participation in the management of cul- Public Management . According to Vargas, the de- ture in Peru . The portal serves as a meeting point velopment of e‑government is an important step for people, groups and civil society organisations to improve the provision of services and access to working in the cultural field, who then create “com- public information by the citizens . munity actions” to demand information on budgets In the matter of transparency and access to and progress in the implementation of the cultural public information, the Open Government Action plans for local governments . Plan aims to improve the implementation of the To do this, the portal offers a “toolbox”, admin- principles and rights that guide the actions of public istered via a blog and wiki, which aims to collect, administration, including the Law on Transparency sort and make available all information pertaining and Access to Public Information . In this sense, it to issues of transparency and accountability in the is meant to ensure, through the Vice-Ministry of governance of culture . Public Management, that every state institution This tool also systematises information about disseminates public information on budgets, public citizen actions to access public information in the investment projects, staff, selection processes for cultural sector at the local, regional and national recruitments and acquisitions, and progress made level: “The goal is to serve as a log of the collective in the performance indicators . Finally, the action experiences that seek to promote greater citizen plan proposes to study the feasibility of an adminis- participation in culture, to motivate and nurture the trative body that is independent of the government, but which has the authority for the enforcement of the transparency law . 6 www justiciaytr. ansparencia .pe 7 Constitutional remedy which ensures the right of access to public information and legitimate use of personal data . 8 www pr. omesometro pe. 9 Beta version of Promesómetro: nuevo .promesometro pe. 10 mascultura .pe/blog

PERU / 185 realisation of actions in other parts of the country traded wholesale in Lima’s market . This information and the region .”11 is being used by civil society and commercial or- According to More Culture co-founder Diego de ganisations, unions and media to inform the public . la Cruz, actions have been organised through the The municipal government of metropolitan Lima portal in cities such as Chiclayo, Chimbote, Cusco, is the first public entity which provides raw data Huancayo, Huaraz, Iquitos, Puno, Tacna and Trujillo, to citizens in an open format, doing so under the with successful results 12. principle of transparency and calling for “the par- ticipation of citizens, businesses, academia and Local government cases government so that its members transform this data Participatory budget in the municipality into knowledge, contributing in this way to the eco- of Miraflores13 nomic development and benefit of its inhabitants .” This data has been used by civil society organisa- Miraflores is one of 43 districts in Lima, the capi- tions to build information systems . For example, tal of Peru . It is the district with the second highest Escuelab14 has sought to provide information on human development index and the third most af- traffic fines and other traffic and road-related fluent municipality in the city, with only 1 .8% of information 15. its inhabitants considered poor . The municipality succeeded in integrating ICTs in local management Civil society actions and has become the reference “digital city” in Latin 16 America . It also has a municipal software develop- Lima Cómo Vamos ment company that creates programmes for other Lima Cómo Vamos (How Are We Doing Lima) is an local governments . Since 2007, the residents of Mi- initiative that allows citizens to monitor government raflores have been able to vote in a participatory activities, developed by the Atocongo Association, budget process via internet, the first experience of the Civil Association Transparencia, the RPP group application of ICTs for citizen participation . and the Pontifical Catholic University of Peru . It is an A study by researcher Laura León recognises observatory that monitors the quality of life of the that, from a socio-technical perspective, the im- inhabitants of the Lima metropolitan area on issues plementation of electronic voting in Miraflores is a as diverse as education, sport, the environment, tool to encourage participation in decisions related public finances and participation . This project was to the budget . However, the study revealed some inspired by the Bogotá experience, which has now flaws relating to the lack of communication and in- been replicated in more than 50 cities in Latin Amer- formation tools that contribute to the participatory ica, forming part of the Latin American network of process . León argues that multilateral interaction fair and sustainable cities . (between citizens and authorities, or only among Since June 2012, Lima Cómo Vamos has been citizens) is one of the most important features for gathering public opinions for a report called “Lima the strengthening of deliberative participation . Voices, Lima Plan” . These surveys, which will in- However, from a democratic perspective, the volve 500 residents of 33 districts of the Lima study acknowledges that after three years of project metropolitan area, will help feed the development implementation, there has been an increase in the plan of the city (2012-2025) . number of participants in the process, which would 17 suggest that the ability to vote online is strengthen- Todos Somos Dateros ing citizen participation in local government . Todos Somos Dateros (which translates roughly as “we are all data collectors”) is a crowdsourcing ini- Open data in the municipality tiative that seeks to encourage the participation of of Metropolitan Lima citizens in identifying the everyday problems of the Since 2011, the metropolitan municipality of Lima city . The idea was the brainchild of a young Peruvian has implemented a policy of open data and has student, Camila Bustamante, who, in collaboration published datasets such as prices and volumes with Ciudad Nuestra,18 created Todos Somos Dater- os in 2009 . The aim of the initiative is to integrate

11 Ibid . 14 escuelab .org 12 Full interview with Diego de la Cruz: www .youtube .com/ watch?v=S_h8fEroq8Y&feature=related 15 campamentocivico escuelab. or. g/index php/blog/primer. - experimento-con-los-datos-de-la-muni 13 León, L . (2010) Reforzando el proceso del presupuesto participativo a través de Internet: el caso de la Municipalidad de 16 www .limacomovamos or. g Miraflores, Instituto de Estudios Peruanos and DIRSI, Lima . www . 17 datea .pe acorn-redecom .org/papers/acornredecom2010leon .pdf 18 www .ciudadnuestra .org

186 / Global Information Society Watch the information and concerns of ordinary transport The participation of civil society organisations users with institutional transport plans and strat- in this supervisory and coordination role is expect- egies in the city of Lima . The initiative, based on ed . Some steps have been taken in this direction internet maps, asks the users of public transport in recent months; however, it is still necessary to services to alert the authorities to transport prob- consolidate this progress in an agreement with the lems so that they can be attended to . government and institutions of the state . Over the past two years the initiative has grown . Similarly, the implementation of the recently One of its most successful campaigns was related adopted Personal Data Protection Law19 should to a new transportation system known as “The help to clarify doubts about the grey areas between Metropolitan”, in which the public identified prob- transparency and privacy . The establishment of lems and drafted proposals for solutions that were an entity in charge of its implementation is also a handed over to the authorities . The initiative “Date- pending and urgent task which must be observed ro Ciclista” helped to identify the dangers faced by and monitored by civil society . cyclists in the city, and recently in June 2012 a new The main challenge for citizen participation is initiative was set up to alert the authorities about to develop citizen-appropriate tools, not only to ac- public spaces that were unfriendly for people with cess, but to use public information effectively . The disabilities . support of international cooperation for “hacktiv- ist” groups, who are experts at managing data, will Conclusions and action steps be essential to cultivate these emerging initiatives Since the implementation of the Law on Transpar- until they reach a level of critical mass that serves to ency and Access to Public Information in 2002 there highlight the opportunities and advantages of open has been progress in Peru . However, there is still a data . long way to go to achieve the objectives set out by Finally, working with the media is also of utmost law . While progress has been made with regards importance . Access to government information to compliance with the rules, a change in the cul- provides important opportunities for investigative ture is still far away: the right to public information journalism, and for reporting and monitoring the continues to be a right which must be fought for, a management of public resources . The state, civil so- right that needs to be demanded and not a right ob- ciety organisations and academia should focus their tained as part of an institutionalised process . The efforts on strengthening the capacities for research work of civil society organisations helps citizens, as and analysis of data by journalists . Improvements in do mechanisms for public complaints which also at- terms of quality of information and self-regulation tract media interest . However, for ordinary people, are the main objectives of this action . n simply having those mechanisms does not ensure that there is the capacity to exercise the right . One of the pending tasks in the area of transpar- ency and access to public information is setting up an entity in charge of monitoring compliance with the standards . In Peru, unlike other countries such as Chile and Mexico, it is not clear who the author- ity on the issue is, and there are no mechanisms for punishment or to enforce compliance, or to meet citizen requirements in an expeditious manner .

19 Law 29733 of 2011 .

PERU / 187 Romania Mapping transparency and participation online

governments still have to tackle in post-communist StrawberryNet Foundation and Sapientia – 4 5 Hungarian University of Transylvania Romania . A thorough analysis of the country’s Rozália Klára Bakó level of transparency has developed five key indica- www .sbnet .ro and www .sapientia .ro/en tors of corruption: (1) public resources available for discretionary use; (2) profits of Romanian compa- nies with political ties, compared with multinational Introduction companies’ profits; (3) political allocation of the Information and communications technologies Reserve Fund, created by the Romanian Finance (ICTs) are at the heart of innovation and economic Ministry in 2002 for crisis situations and misused development in Romania and the only industry by all governments ever since; (4) the energy sector without job losses since 2008, despite the econom- – highly profitable for interest groups6 with strong ic crisis .1 According to the latest national regulatory political ties; and (5) human resource management authority report,2 the broadband penetration rate in the public sector, namely, the high level of politi- had reached 17 1. 2% of inhabitants in December cisation of the public administration . 2011 (as compared to 14 .48% in December 2009) and 41 60%. of households (with only 35 .10% in Gaps December 2009) . In spite of the steady growth of According to the latest Transparency International access to ICT infrastructure, Romania ranks the low- report, all new members to the EU – including Roma- est in the European Union (EU) when it comes to nia – have encountered a decrease in transparency . internet use:3 while in Sweden 91% of the popula- This was reflected in a higher Corruption Percep- tion was connected to the internet at least once a tions Index score between 2009 and 2011, perhaps week in 2011, only 37% of Romanians had this op- as an impact of the economic and financial crisis .7 portunity, far below the 68% EU average . For example, the Electronic System for Public Pro- If roughly one third of the country’s population curement, built to raise the level of transparency in goes regularly online, how much difference does it public-private partnerships in Romania, deals with make to the democratic process in terms of trans- only 40% of the total procurement transactions: all parency and participation? This report is an attempt the rest lack transparency, according to the Institute to answer this question . for Public Policies’ analysis 8. Policy-making processes ranked Romania 95th Policy and political background: of 142 countries assessed on their political and Gaps and steps regulatory environment, according to a Global Infor- Social change is a slow process: 40 years of dic- tatorship (1949-1989) cannot be erased by simply pressing the delete button . According to a study on democracy, “semi-authoritarian habits, per- vasive corruption and the lack of transparency 4 Gross, P . and Tismaneanu, V . (2005) The End of Postcommunism in and accountability” are the main problems that Romania, Journal of Democracy 16(2), p . 146 . 5 SAR (Societatea Academic din România) (2012) Dincolo de percep ii . A devenit guvernarea României mai integr dup 2004?, p . 13-20 . www .sar .org .ro/files/547_Coruptieă .pdf 1 Mihai, A .E . (2012) Num rul de joburi în IT a crescut cu 30% în 6 The Romanianț mainstream media has tagged them ironicallyă ă ultimii patru ani, acesta fiind singurul sector în care nu s-au f cut “smart guys from the energy sector” . See: România Liber concedieri, Ziarul Financiar,ă 27 January . (2012) “B ie ii de tep i” din energie la negocieri, 5 May . www . www .zf .ro/profesii/numarul-de-joburi-in-it-a-crescut-cu-30-in-ă romanialibera r. o/bani-afaceri/economie/baietii-destepti-din-ă ultimii-patru-ani-acesta-fiind-singurul-sector-in-care-nu-s-au- energie-la-negocieri-263030ă ț ș ț html. facut-concedieri-9181459 7 Transparency International (2011) Evolu ia statelor membre ale 2 ANCOM (Agen ia Na ional pentru Adminstrare i Reglementare Uniunii Europene în ultimul an de evaluare a Indicelui de Percep ie în Comunica ii)(2012) Servicii de acces la internet . Servicii de al Corup iei (CPI) . www .transparency .orgț .ro/politici_si_studii/ linii închiriate ț transmisiuniț ă de date, p . 11 . wwwș .ancom .org .ro/ indici/ipc/2011/GraficeCPI2011 .pdf ț uploads/links_files/Raport_DS_sem_II_2011_internetț .pdf 8 Institutulț pentru Politici Publice (2012) Transparen , corectitudine 3 Eurostat (2012)și Individuals: Frequency of Internet Use, 15 May . i competitivitate în sistemul de achizi ii publice din România, appsso .eurostat .ec .europa .eu/nui/show .do?dataset=isoc_ci_ifp_ Bucharest, p . 7 . www ipp. r. o/pagini/transparen355a-corectitudine-ță fu&lang=en 351iș php. ț

188 / Global Information Society Watch mation Technology Report 9. Meanwhile, the recent organisations (CSOs), ICT business representatives survey conducted by the United Nations (UN) on and the open source community together: 200 ac- e‑government across the world has placed Romania tivists signed its Manifesto for an Open e‑Romania 62nd of 190 countries – the lowest within the EU, project, as presented in the GISWatch 2011 country with a fairly good score for human capital, but poor report 14. Meanwhile, an online watchdog forum15 scores for online services and telecommunication dedicated to monitoring Romanian local authorities infrastructure .10 has reached the highest web traffic for the civil soci- The UN assessment framework for e‑government ety sector, with 27,000 daily users 16. defines four stages of online services in terms of in- Positive trends are also emerging in the practi- teraction between public authorities and citizens: cal use of ICTs in the governmental, civil society and (1) emerging presence, (2) interactive presence, (3) business sectors . A talented young programmer transactional presence, and (4) networked pres- – Octavian “Vivi” Costache – has developed a por- ence .11 The first stage is concerned with providing tal consisting of the contact information and main online information that is limited and basic . In the legislative activities of all Romanian members of second stage the government provides current and parliament (MPs) on a platform called hartapoliticii. archived information: policies, laws, reports, news- ro . On his personal webpage, Costache explains: letters, and downloadable databases . The third “I’ve built a map of Romanian politicians because stage allows two-way interactions online between I want to make Romania a better place . Because of citizens and the government, such as paying taxes, that, Forbes Romania thinks I’m one of 30 people applying for ID cards, birth certificates, passports, under 30 to restart the country .”17 In February 2012 or licence renewals . The fourth stage is the most APTI added a rank of Romanian MPs who voted for sophisticated level of e‑government: it integrates during the 2008-2012 parliamentary government-to-government, government-to-citizen cycle to this online political map, on topics like ac- and citizen-to-government services . Web comment cess to online information, privacy on the internet, forms and other interactive features enable citizens’ and open access issues 18. participation in deliberative processes, such as In June 2012 the first public debate on net- commenting on laws, policies, strategies and other work neutrality was held in Bucharest, organised regulatory processes . by the Romanian national regulatory authority of Romania’s aggregated result for online service communications (ANCOM)19 and APTI . Beyond the provision measured according to these stages was multi-stakeholder approach, the benefit of the 45% in 2012, with 100% for the emerging presence meeting was the quality of presentations and the stage, 64% for interactive presence, 29% for the highlighting of good practices from Northern Euro- transactional stage, and 36% for networked pres- pean countries such as Norway and Sweden . ence 12. Reaching higher levels of transactional and networked presence online demands that Romanian Romanian MPs’ online presence: governmental agencies invest more in bridging the Are they responsive? digital gap, increasing the quality of online services An experiment conducted in March 2012 by the and educating citizens for participation . Romanian Association for Technology and Inter- net20 aimed at assessing the online presence and Steps responsiveness of the Romanian MPs . The results, Civil society initiatives have strengthened in the field of ICT policy since 2010, with the Associa- tion for Technology and Internet (APTI)13 taking 14 Bakó, R .K . (2011) Romania: Mobilising for an Open eRomania, in Global Information Society Watch: Internet rights and the lead . In March 2010 APTI brought civil society democratisation, p . 222 giswatch .org/en/country-report/social- mobilisation/romania 15 www domnuleprimar. r. o/ 9 World Economic Forum (2012) Global Information Technology 16 SAR (2012) op cit. ., p . 24 . Report, p .1 3 . www3 .weforum .org/docs/Global_IT_Report_2012 . 17 www vivi. .ro/ pdf 18 APTI (Asocia ia pentru Tehnologie i Internet)(2012) Clasament: 10 The 0 .6060 final score for Romania was aggregated from the cum voteaz parlamentarii cu privire la drepturile civile digitale, online service component score (0 .5163), telecommunication February . wwwț apti. r. o/sites/default/files/Cum-voteaza-ș infrastructure component score (0 .4232) and human capital parlamentarii-cu-privire-la-drepturile-civile-digitale-v-1ă .1 .pdf component score (0 .8783) . See United Nations (UN)(2012) 19 ANCOM (2012) Neutrali-tatea re elelor i sustenabilitatea E-Government Survey 2012: E-Government for the People, p . 126 . internetului, 5 June, Bucharest . www .ancom or. g .ro/nn-2012_4714 www .unpan .org/e-government 20 Manolea, B . (2012) O imagine despreţ democratiaş electronica 11 Ibid ., p . 136 . romaneasca in martie 2012, 23 March . legi-internet .ro/blogs/ 12 Ibid ., p . 128 . index php/201. 2/03/23/o-imagine-despre-democratia-electronica- 13 apti .ro/apti-english romaneasca

ROMANIA / 189 visualised on a chart,21 show a low level of online letters (21) and the low number of responses received presence and a total lack of responsiveness of the within 30 days27 (three only) have again proved a lack legislative bodies’ members: there were no re- of responsiveness of Romanian MPs when it comes sponses to email inquiries and three responses to to accountability and dialogue with citizens . snail-mail inquiries . The inquiry’s fourth step – an assessment of A so-called “reply reaction analysis”22 was also the online presence of 463 Romanian MPs (328 conducted in 2003 by the eDemocratie ro. initiative, in deputies and 135 senators) – noted a low number order to assess the public authorities’ transparency of personal websites, blogs, as well as Twitter and in relation to citizens . The report developed five indi- Facebook accounts:28 ces to assess MPs’ reply reaction: general response • 55 .5% of deputies and 51 .1% of senators have rate (the expected percent of MPs who answer an in- neither a personal website, nor a blog . quiry by email); consistency rate (percentage of MPs who regularly answer an inquiry by email); average • 103 MPs have only blogs, 79 only a personal response time; relevance of response in relation to website, seven domain names are not active, the inquiry; and transparency index (assessing the and only 29 have both a blog and a website . degree of usefulness of the responses to citizens) . • Only 29% (133 MPs) have a blog, 24 .41% (113 Back in 2003, only 27% of the Romanian MPs had an MPs) a Facebook account, and 9 .72% (45 MPs) email address and only 8% of them responded to cit- a Twitter account . izen inquiry 23. The transparency index for Romanian • Only 48 .58% of the MPs with a personal web- MPs had a very low score of 0 25. on a scale from 0 page had updated them in 2012 . (the lowest) to 5 (the highest) . The 2012 e-democracy experiment has resulted • The rate of personal webpage updates from in several action steps . Firstly, APTI looked at the 2008 to 2012 (both were electoral years) shows previous results provided by the eDemocratie .ro similarly poor results: 12 .74% in 2008, 4 .25 % project and started developing a database with in 2009, 8 .02% in 2010, 25 .94% in 2011, and the contact information of Romanian MPs . The on- 48 .58% in 2012; line platform hartapoliticii .ro was instrumental in • MPs with a Facebook or Twitter account showed automated data collection, which has been comple- slightly better rates of updating them in 2012: mented with manually gathered information about 83 .19% and 66 .67% respectively . MPs’ online presence on social networking sites such as Facebook and Twitter, as well as through The results of the inquiry have been publicised 29 their blogs and personal websites . This informa- on the APTI blog, on its online partner’s market- 30 tion has been compiled into a database, accessible ing agency blog, on a community journalism under a 3 .0 licence and down- website (2,148 views and nine comments as of 31 loadable in CSV and JSON formats 24. 17 June 2012), on SlideShare (901 views as of 17 32 The second step was to send emails to the MPs .25 June 2012) and on the independent news portal 33 A total of 469 MPs have been contacted (137 sena- Hotnews .ro (525 views as of 17 June 2012) . Given tors and 332 deputies) through 663 email accounts, this relatively low level of interest, APTI’s director with as many as 61 messages bouncing back . Only has declared his disappointment over the scarce 33 MPs have even opened the inquiry message, and public attention that the e‑democracy inquiry has 34 no replies have been received. received . In the third stage 322 snail-mails were sent to

Chamber of Deputies members to inquire about 27 As prescribed by law . 26 their opinion on the data retention act . Undelivered 28 legi-internet r. o/blogs/media/blogs/a/Infografic-final .jpg 29 legi-internet r. o/blogs/index php/201. 2/03/23/o-imagine-despre- democratia-electronica-romaneasca 21 APTI (2012) Parlamentarii români pe internet, Martie, Standout 30 blog standout. .ro/2012/03/prezentari/parlamentarii-romani-pe- Facebrands . legi-internet ro. /blogs/media/blogs/a/Infografic-final jp. g internet 22 Hera, O ., Ailioaie, S . and Kertesz, S . (2004) Reply Reaction @ 31 www .contributors .ro/administratie/mic-exercitiu-de-democratie- Parlament . Analiza reactiei membrilor Parlamentului la e-mailurile electronica-romaneasca trimise de cetateni, eDemocratie .ro www .edemocratie .ro/R2- 32 www .slideshare net/bmanolea/cum-sa-nu-contactezi-un-. RO2003 .pdf parlamentar-roman 23 Similar studies conducted in Canada and the UK resulted in 43% 33 Manolea, B . (2012) Mic exercitiu de democratie electronica and 22% response rates respectively . Ibid ., p . 3 . romaneasca, 23 March . www .hotnews .ro/stiri-opinii-11818557-mic- 24 agenda .grep .ro exercitiu-democratie-electronica-romaneasca .htm 25 Manolea, B . (2012) Cum (NU) se poate contacta un parlamentar 34 Manolea, B . (2012) Datele publice libere pe agenda guvernului român? APTI, 22 March . www slideshar. e .net/bmanolea Romaniei, 23 April . legi-internet r. o/blogs/index php/201. 2/04/23/ 26 apti .ro/sites/default/files/Opinie-ong-lege-date-trafic .pdf datele-publice-libere-pe-agenda-guvernului-romaniei

190 / Global Information Society Watch Such experiments are mirrors shown to the Action steps political elite and send an important message: In a media release issued on the country’s national in the age of the social web, ICTs enable quick day, Transparency International Romania has urged and large-scale assessments on key actors’ the government, business actors, civil society levels of transparency, accountability and willing- representatives and trade unions to fight against ness to engage in dialogue . Secrecy is no longer corruption both inside their own institutional struc- sustainable . tures and on a national scale 36. Conclusions Transparency and accountability through ICTs should be a higher priority on all institutional stake- If we look at the numbers on a global scale, holders’ agendas in Romania: Romania’s performance in the field of ICTs and de- mocratisation is above the world average – Europe • Governmental agencies, businesses and civil in general is a high-achiever region when it comes society organisations should interact more and to infrastructural development, human capital foster dialogue – both online and offline – in or- and policy-making standards . However, when we der to reduce corruption at all levels . compare Romania within the EU and – even more • Civil society organisations should be more active in relevantly – within Central and Eastern European holding the political class accountable to citizens . countries, the results are alarming . • Media actors, both from the mainstream and The case presented in this report illustrates the from community journalism, should take the lack of responsiveness of Romanian MPs and a low lead in highlighting the role that citizens can level of transparency when it comes to informing play in turning the tide of corruption . citizens about public matters . Although the Par- liament has been among the first political bodies Promoting good practices when it comes to gov- in Romania to use ICTs for disseminating public ernment integrity is the way forward for a fair, information,35 there is still a long way to go on the sustainable and free society; ICTs have a key role in road of e‑democracy . this process . n

36 Transparency International Romania (2011) O na iune împov rat de corup ie, 1 December . www .transparency or. g r. o/politici_si_ 35 Hera, Ailioaie and Kertesz (2004) op . cit ., p . 5 . studii/indici/ipc/2011/ComunicatTIROCPI2011 .pdfț ă ă ț

ROMANIA / 191 Saudi Arabia Using the internet to tackle poverty in oil-rich Saudi Arabia

people (who represent a large part of the society),2 and SASIconsult Rafid Fatani and Ahmed Al Omran the minor participation of women . This leads to the fo- www .SASIconsult .com cus of this report: tackling poverty in one of the richest countries in the world in the internet era . Introduction Policy and political background There is very little dispute that natural resources In March 2007, Saudi Arabia’s legislative body, the play a very big role in economies . Since the discov- Council of Ministers, issued a set of laws3 affecting ery of vast crude oil reserves in 1938,1 the Kingdom policy and regulations for internet users in Saudi of Saudi Arabia has experienced very intensive, Arabia . The new policy measures and regulations fast and energetic development, which is not com- prohibited internet users from: parable to any other country worldwide . While [P]ublishing data or information that could Saudi Arabia has witnessed impressive social and contain anything contravening the Saudi in- economic progress, many challenges and difficul- terpretation of Islamic principles (directly or ties have emerged as a side effect of the newly implicitly) or infringing the sanctity of Islam gained oil wealth . These serious problems range and its benevolent Shari’ah, or breaching pub- from wealth distribution to the challenges facing lic decency, anything damaging to the dignity of the socio-political landscape of the country’s so- heads of states or heads of credited diplomatic cial structure . missions in the Kingdom, or harms relations Subsequent to the oil boom of the mid-1970s, with those countries, the propagation of sub- labour immigration increased in large numbers, versive ideas or the disruption of public order resulting in a massive increase in the ratio of immi- or disputes among citizens and anything liable grant to native workforce for Saudi Arabia . Official to promote or incite crime, or advocate violence statistics show that the foreign labour force repre- against others in any shape or form among sents over 50% of the labour market . many other things .4 Despite increasingly high oil prices, momen- tum for progressive changes to institutions and While some items on this list relate to security fiscal policy is limited . Saudi Arabia, as a labour-im- matters and are arguably clearer to identify, most porting, resource-rich economy, features low total definitions on the prohibited list are very ambigu- participation and employment rates of nationals; ous and are down to interpretation . rising unemployment rates, especially of women Saudi Arabia’s internet penetration is growing and the young; employment dominated by services rapidly, with the number of internet users reaching and construction; and female employment almost 13 million in 2012, and internet penetration 41% . exclusively in services, notably housekeeping for However, it still remains an extremely low rate con- migrant women and education and social services sidering that almost 60% of the population is under for native women . the age of 24 5. The number of Facebook users in Sau- The Saudi government has not yet managed to di Arabia was estimated at 4,534,769 in December align its industrial and economic aspirations with the 2011 . According to figures, 29% of internet users in reality of its people . Most of the praised reforms to- Saudi Arabia visit Facebook and women under 25 ac- wards human development and social modernisation count for 48% of all internet users in the kingdom 6. have largely failed to bring about the desired results, with the exception of the country’s academic elite . 2 Soliman Fakeeh, M . (2009) Saudization as a Solution for As the Saudi labour market has a high percentage Unemployment - The Case of Jeddah Western Region, University of of foreign workers, it encourages high rates of unem- Glasgow, p . 36 . theses .gla ac. uk/1454/01/F. akeeh_DBA .pdf 3 Kingdom of Saudi Arabia (2007) Council of Ministers Report ployment of nationals, particularly among the young 11561/B, “Electronic Transitions Legislation” (in Arabic) . www . ncda .gov .sa/media/low21/7 pdf. 4 Ibid . 1 Goldschmidt Jr ., A . (1999) A Concise History of the Middle East (6th 5 www .internetworldstats com/middle. .htm edition), Westview Press, Boulder (USA), p . 210 . 6 Ibid .

192 / Global Information Society Watch When it comes to the information society, Saudi They found in the internet a medium that allows Arabia is a place of contradictions . While the Saudi them to reach their audiences directly without any of government has been spending heavily on the infor- the old filters that control traditional channels . mation and communications technology (ICT) sector, Most of the Saudi YouTube stars have made Saudi Arabia, along with China, is widely considered names for themselves through comedy . People like to have one of the most restrictive internet access pol- Umar Hussein and Fahad al-Butairi, who used to icies 7. Before granting public access to the internet in perform stand-up routines in front of live audiences, 1999, the Saudi government spent two years building improved their craft by working on more polished a controlled infrastructure, so that all internet traffic scripted shows, using humour to comment indirect- would pass through government-controlled servers . ly on local issues . With the huge expansion in public network and wire- Bugnah took a different approach . From the less access, government policy is changing to allow beginning, his show had a more serious tone and the development of new technologies while main- he was clearly trying to deliver a message that was taining the same security and control of media use more socially conscious . His first three episodes that is part of Saudi socio-political culture . that preceded the poverty episode talked about “Saher” (the radar traffic monitoring system), high Exposing poverty online prices of consumer goods, and Saudi youth . While Little did Feras Bugnah know when he uploaded a these episodes were well received, accumulat- video about poverty in his city to YouTube what the ing around three million views in total, it was the consequences would be . The 8:49-minute-long vid- episode on poverty that received by far the most eo was the fourth in a series called “Mal3oob 3lain” attention thanks to the arrest that followed it . That (“We Are Being Cheated”) . episode alone received over 2 .2 million views . At the beginning of the video, Bugnah can be seen interviewing well-off residents of the capital Oil, government spending and corruption city, Riyadh, asking if they are doing well . After they This incident showed the power of the internet in tell him that they are doing well, the camera moves Saudi Arabia, but it also showed another thing: the to a poor neighbourhood to interview impoverished government is very sensitive about the topic of pov- children who say, no, they are not doing well at all . erty . As the world’s biggest oil exporter, it certainly Bugnah continues roaming the poor neighbour- is not a poor country . The high oil prices in recent hood and interviews several residents who tell him years allowed the Saudi economy to grow at a fast about the hardships of living in poverty . At the end pace: in 2011, Saudi Arabia’s GDP grew by 6 .8% . of the episode, he faces the camera and talks about That growth, however, did not seem to improve possible ways to help the people there, and he can the living standards of most Saudis . Very little of the be seen delivering donations to the houses of the growth trickles down to the middle and lower classes, families he interviewed earlier . due to the unfair distribution of wealth that concen- The video received thousands of views and was trates power in the hands of a small circle of people . widely circulated on social media sites . The video also Fuelled by big revenues due to the high oil prices, caught the attention of the Saudi government . Six days recent years witnessed huge government spending in after it was uploaded, Bugnah and his crew were ar- the country . But with the huge government spending, rested in Riyadh . Authorities kept them in detention for the potential for corruption to win government con- two weeks, then released them without charges or trial . tracts increased exponentially . Bloomberg reported This episode showed the power that the in- recently that Swiss company Tyco International Ltd . ternet has come to represent in Saudi Arabia . agreed to pay more than USD 26 million to resolve More specifically, it shows the power and reach of US charges that it bribed officials of companies, in- YouTube as a content-sharing platform . According cluding Saudi Aramco,8 to win contracts . to statistics shared by a Google representative, With the lack of an elected parliament or watchdog 44% of Saudis use YouTube on a daily basis, and organisations in the country, such charges of corrup- 76% of these watch videos on their smartphones . tion never seem to reach the surface in Saudi Arabia . In The service says Saudi Arabia has the highest per March 2011, King Abdullah established an Anti-Corrup- capita YouTube use in the world . tion Commission to handle the increasing complaints Many young Saudis saw the potential in using of corruption in the government . More than one year YouTube to bypass traditional media and censorship . 8 Aramco is a Saudi Arabian national oil and natural gas company based in Dhahran, Saudi Arabia . Aramco was estimated to be 7 University of Harvard (2009) Open Net Initiative: China . opennet . worth USD 781 billion in 2005 according to the UK-based Financial net/research/profiles/china-including-hong-kong Times, making it the world's most valuable company .

SAUDI ARABIA / 193 after its establishment, the anti-corruption body, which bright for every citizen .However, the currently prevail- has come to be known as “Nazaha”, seems to be still ing situation of nepotism and oligarchic control that unable to make any meaningful impact only aims at political and economic self-preservation International watchdog groups like Transpar- does not allow for meaningful change in favour of the ency International (TI) rank the country lower than people . The internet has, in 2012, been a champion in most of its neighbours in their surveys . In the 2011 highlighting the flaws in the Saudi economy – flaws Corruption Perceptions Index published by TI, Saudi that not many people thought existed, including Arabia ranked 57th out of 178 countries . those who live in poverty in the country . Some individuals tried to use the internet to The phenomenon of migrant workers is not tackle the problem of corruption and lack of trans- unique to Saudi Arabia, nor does it bear the sole parency in the country . One example can be found responsibility for poverty in the kingdom . The root at the website 3addad com,. 9 which calls itself “The of this dilemma is the mismanagement of human Index of Saudi Promises” . resources and exaggerated state intervention .10 At The idea behind the website is to watch the lo- the same time, oil revenues, while very generous to cal media for statements by Saudi officials where Saudi citizens at the top of the hierarchy pyramid, they make promises to finish certain projects to fail to bring changes to the many at the bottom of a deadline, then list those promises with a count- the hierarchy . Poverty tends to be out of public sight down next to them showing the time left for these due to many socio-cultural factors and large charity promises to be delivered . networks . This has created a population that is una- The site not only lists projects that are in ware of the poverty that surrounds it . progress, but also lists those that are past their However, the internet’s role in highlighting due date as well as those that were delivered on or poverty in Saudi Arabia has undoubtedly shaken ahead of time . the state apparatus . Its swift reaction in jailing the “This index is our memory of the sum of undeliv- young Saudi who uploaded the video on YouTube ered promises,” wrote Thamer al-Muhaimeed, the site is a clear indicator of the level of threat that the au- founder . “Because I assume these promises belong to thorities consider the internet to represent . us Saudi citizens, and because we have nothing but these promises, then let us hold on to them ”. Action steps The questions of corruption and how to combat The challenges reflected in this report represent it remain as some of the most important questions only a small portion of a complex and evolving de- that the Saudi government needs to tackle . bate over the role of ICTs in combating corruption in When 122 people were killed in floods following Saudi Arabia . However, this constitutes a very new torrential rains in the coastal city of Jeddah in 2009, field of enquiry where much remains to be explored . corruption was raised as one of the main reasons The following action steps are needed to stimu- behind the failure of the city’s infrastructure . King late the use of the internet in fighting corruption: Abdullah made a strongly worded statement after • The government needs to revoke the 2007 law, the floods, promising to prosecute those responsi- and replace it with a less ambiguous one that ble for the deaths, “whoever they may be .” can be used by different state bodies without Almost three years after the floods, no major discretion . government officials have been charged to date . • The government needs to champion individual The internet’s role in fighting corruption rights laws, including legislation on access to in Saudi Arabia information and freedom of expression . The internet is an instrumental tool for socio-po- • Transparency needs to be encouraged through litical change in Saudi Arabia . It is used not only the government publishing spending reviews . for reporting human rights violations, but also for • More public internet access points are needed, highlighting the mismanagement of oil wealth in and ISP infrastructure needs to be upgraded to the country . It has developed from a key resource improve broadband connectivity . for activists in raising awareness amongst the local population, to a tool used by the local population to • More citizens need to use the internet by up- highlight unfairness in the country . loading material that highlights corruption . n Being one of the richest countries in the world, the future of Saudi Arabia has the potential to be 10 Niblock, T . and Malik, M . (2007) The Political Economy of Saudi 9 3addad .com Arabia, Routledge, Abingdon and New York, p . 8

194 / Global Information Society Watch South Africa The knowledge of crowds and the power of networks: Using the internet to challenge corruption in South Africa

Some described terrifying incidents: “A metro University of Witwatersrand Indra de Lanerolle (Visiting Research Associate) (traffic) cop said if I did not pay [a bribe] he would indradelanerolle blogspot. .com have me followed and would rape my wife and kill her . So I paid him .” Many others concerned public sector contracts . A businessman described his in- Introduction teraction with a municipal procurement official: “…it was made clear to me … the bill of quantities How effective can the internet be as a tool to combat would be adjusted to accommodate R800k [about corruption? The potential is exciting: applying ap- USD 100,000], which would pay all the relevant proaches such as crowdsourcing and data-mining; Municipal officials .” Others described nepotism in exploiting the power of social networking services the public service: report number 71, for example, and creating platforms to increase accountability accused a senior official, Dr . M . A Seakamela, the and transparency . But the challenges of using the deputy director-general in the North-West Depart- internet, especially for countries in the South, are ment of Education, of nepotism . It offered detailed also daunting: poor information and communica- information with dates and salary grades and tions technology (ICT) infrastructures; restricted provided the names and positions of the officials access to state data; risks to whistleblowers and re- concerned . source and skills constraints . Online anti-corruption After the first month, around 500 reports had initiatives are relatively new, and understanding come in . David Lewis, Corruption Watch’s executive how these pioneers are utilising the potential of the director, commented at the time: “Our principle ob- internet may help in mapping out future directions jective is to give voice to the public . No government for developing and scaling up these initiatives . or business leader who looks at our data and at our The launch of Corruption Watch Facebook page can be left in any doubt as to the level of outrage on the part of ordinary members of On 26 January 2012, a new South African anti-cor- the public .”3 ruption organisation was launched at Constitution Hill, a former political prison and the home of the From outrage to action country’s Constitutional Court . Present were the By July nearly 2,000 reports had been received head of the major trade union federation, the jus- and processed . Around 4% of the reports received tice minister and leaders from political parties, civil were passed on to media partners for further inves- society and the major business associations . tigation and wider publicity . Case number 71 – the Corruption Watch urged the public to report report of nepotism in North West that had arrived in cases of corruption to the organisation through its January – was referred to a national newspaper, the website1 and other channels . This was key to the Sowetan. After an investigation which unearthed mission that Corruption Watch set itself: not only evidence substantiating the initial report and show- to research and advocate but to enable citizens to ing that the official had broken a number of rules engage directly in combating corruption . As the in appointing and promoting his girlfriend and now chairperson of the board, Vuyiseka Dubula, put it: wife, the paper published an article in June: “Naked It will bring back the voice of citizens to the nepotism exposed - From bedroom to top office” 4. political realm of debate around equality, ac- Three months later the official was suspended countability and transparency … empowering pending an investigation initiated by the provincial citizens to take a stand against corruption 2. minister for education 5. Within three days of the well-publicised launch event, more than 70 reports had been received . 3 www .corruptionwatch .org .za/content/more-500-cases-reported- corruption-watch-its-first-month 4 www .sowetanlive .co .za/news/2012/06/15/naked-nepotism- 1 www .corruptionwatch .org .za exposed---from-bedroom-to-top-office 2 m news24. .com/citypress/Columnists/Power-to-the-people- 5 www .sowetanlive .co .za/news/2012/09/04/official-suspended-for- 20120128 promoting-wife

SOUTH AFRICA / 195 A small number of reports led to in-depth in- corruption . The specification called for access to vestigations by Corruption Watch’s small team of the reporter via email, short message service (SMS) investigations specialists, which were then passed mobile texting and Facebook .11 A short-code SMS on to state agencies capable of taking further gateway was secured and a Facebook page creat- action . ed 12. Analysis of the reports after six months shows Other reports formed the basis of public cam- that 46% of reports came via the website and 42% paigns . Those that concerned traffic police asking via SMS . Email accounted for 8% of reports . The re- for bribes contributed to a campaign to challenge mainder came via phone, post and personal contact . paying traffic bribes with hundreds of thousands of Managing this diversity of channels has been bumper stickers handed out to motorists and a de- time consuming and complex . While SMS was clear- tailed research report handed to the Johannesburg ly an important channel and enabled broader access authorities .6 than would be possible with the internet alone, 83% of SMS reports were deemed invalid due to insuffi- The challenges of using the internet cient information, a far higher proportion than was The key platform that Corruption Watch developed the case online . This often required follow-up calls in order to “give voice to the public”, as the execu- with reporters . Even where there was considerable tive director put it, was a web-based reporting tool information provided, it was not structured and so it built on the Drupal open source platform . The origi- had to be entered manually into the database . nal technical specification of the website created by SMS is also relatively expensive as a communi- Corruption Watch and the website developers7 set cation medium . Each message to Corruption Watch out an ambitious framework for the reporting tool: costs the user R1 (approx . USD 0 .15) and users often first, a reporter questionnaire that would guide re- have to send multiple messages to include the in- spondents through a set of questions to categorise formation they want to provide . the type of corruption, locate it and provide details that could lead to further investigation; second, Crowdsourcing corruption data a means of storing this information in a secure An objective for the website was to enable suffi- database; and third, the ability to present the in- cient quantities of rich data to be able to provide formation in aggregate via maps and charts8 on the useful indicators and insights into the nature and website . scale of corruption in South Africa . For example, The specification also allowed for registration it was hoped that it would be possible to identify and categorisation of users to enable the manage- “hotspots” – particular places with high levels of re- ment of groups of users so that they could track the ports . This follows crowdsourcing data projects like progress of actions on reports . Developing and then Ushahidi, which was developed originally to monitor managing these online tools meant dealing with a post-election violence in Kenya . Data on corruption number of challenges . is notoriously difficult to get for obvious reasons . In general it happens out of sight and those who Managing multiple channels know about it are often those who have a stake in of communication its remaining hidden . Transparency International’s According to the South African Network Society Sur- corruption index,13 for example, does not measure vey, one in three South Africans uses the internet 9. corruption itself but rather people’s perceptions of In comparison, over 80% of adults use a mobile corruption . Since reporters are self-selected, it is phone . Among internet users, by far the most popu- not possible to use Corruption Watch’s data as a lar applications are social network services . There representative sample of corruption in the country . were an estimated 5 .1 million Facebook users in However, analysis of the report data has helped the South Africa in July 2012 .10 Corruption Watch aimed organisation gain insights that have contributed to to address this reality by enabling a variety of com- informing its priorities and strategies . For example, munication channels for those wanting to report the largest category of reports concern abuse of public funds by state officials – including, for exam- ple, using state resources for election campaigning 6 www corruptionwatch. .org .za/content/corruption-watch-calls-no- more-tjo-tjo and using state vehicles for private business . There 7 The website developers were Hello Computer, a leading South African web development and design company . 8 The presentation tool has not been enabled at time of writing . 11 Not all these functions have been implemented at the time of 9 South African Network Society Survey, Media Observatory, Wits writing . Journalism (publication forthcoming) . 12 www .facebook .com/corruptionWatch 10 www .socialbakers .com/facebook-statistics/south-africa 13 www .transparency or. g/research/cpi/overview

196 / Global Information Society Watch is also a surprisingly high share of reports coming community would not be sufficiently diverse, espe- from small towns outside the major cities, often cially in terms of race and class, to fairly represent concerning corrupt procurement . While it is not the constituency that Corruption Watch was aiming possible to draw conclusions on where corruption to reach . is most prevalent, this information does help direct What may not have been clear prior to Corrup- the organisation’s attention to issues that its com- tion Watch’s launch is the extent to which norms munity of reporters know about and care about . and even definitions of corruption are contested . When the Sowetan published their first story on Managing anonymity, verification case number 71 online, it elicited almost 100 com- and confidentiality ments . The debate was extensive and explosive . The online reporter gives respondents the oppor- Leutler16 responded: “I think this man is doing what tunity to remain anonymous or to provide their everyone is doing, government officials are all en- names and contact details, which Corruption Watch riching themselves and their family starting with undertakes to keep confidential . As of July, 60% of Zuma, so give that man a break . I would do the same those reporting provided their names and contact if i get opportunity .” Blackthought was equally cyni- details . This suggests a high level of trust in the or- cal: “Lol . . .happens everywhere around us . Just too ganisation . While anonymity is necessary in some scared to do anything about it . White people do this contexts, it has proved highly challenging in other all the time .” However, he or she was challenged by crowdsourcing initiatives . Ushahidi, for example, WakeUpSouthAfrica: “Blackthought: Shame, is that has reported on the challenge of verification where how you defend nepotism? White people do it?” reporters are not identified 14. The Crimeline SMS Others disputed whether there was a corruption line established by South African media group Pri- case here at all: “thers no Story here !!! so, what if media in 2007 is entirely anonymous and faces the the lady was well perfoming, a hard worker & doing problem that reporters often do not provide enough her job accurately ? so acording to you she should details for action .15 The fact that most of those re- not be employed wether she has the credentials or porting corruption have provided their names and not?” asked MissBhakajuju. Dzel responded with: contact details has enabled Corruption Watch staff “You can’t be serious Bhakajuju, by using her con- to follow up with requests for further information . nections she has jumped the queue… If she was It also enables the organisation to engage these competent then she should have competed for the reporters in campaigning . But it also creates other position with everyone else . . It could have been risks that have to be managed . Most important of your sister who was overlooked, is that fair?” these are the risks of breaching the confidentiality The debates on Corruption Watch’s Facebook of reporters . This has required physical, operational site have often been equally robust . In September and legal approaches . Corruption Watch published a report17 on Facebook and Twitter concerning the costs of corruption Managing communication and conversation based on information from one of the state’s investi- As David Lewis said at the organisation’s launch, gation agencies . Helen Mudge responded: “Why do Corruption Watch aimed to be more than a research you take 1994 as the start of your Corruption Watch institution or think tank . He wanted it to be the hub statistics? There was a great deal of corruption in of an activist network . This required promoting a SA long before 1994 . I find it offensive, narrow- two-way conversation . But it also required trying to minded and racist that you take 1994 as the starting manage the direction and tone of this conversation . date for these figures .” Erwin Schwella responded Amongst the concerns the team had were that the within minutes: “@ Helen Mudge We all expected discussions could become dominated by unproduc- the National party to participate in corruption as tive “whinging and whining”, or that they would the system of apartheid was systemically corrupt . move off-subject into general attacks on govern- However we had/have different expectations from ment failures . Another concern was that the online the state government of constitutional democracy . We can therefore be doubly disappointed…” These exchanges expose the divergent so- 14 “Ushahidi support for verification has until now been limited cial norms and ideological perspectives that exist to a fairly simple backend categorisation system by which administrators tag reports as ‘verified’ or ‘unverified’ . But this is in South Africa in relation to corruption . These proving unmanageable for large quantities of data .” blog .ushahidi . com/index .php/2011/11/11/what-is-the-next-step-for-ushahidi- verification 16 Like most news websites, the Sowetan’s site requires those who 15 www .crimeline .co .za/PressRelease .aspx?Identity=f7e1df4d-65df- wish to comment to register, but displays only user names . 4e40-a59a-4786bae75590 17 www corruptionwatch. or. g za/sites/default/files/info-gr. -body jpg.

SOUTH AFRICA / 197 differences are not as clear in mass media where Conclusions and action steps discussion is more mediated by gatekeepers, and Corruption Watch is not the first anti-corruption this demonstrates an important ability of the inter- organisation to use the internet to gather or dis- net to extend participation in the public sphere . seminate information . The Indian I Paid a Bribe21 Crowds, networks and organisation website, the Russian navalny .ru site and others in Nigeria and Kenya have all used the internet to 18 The “theory of change” that Corruption Watch create platforms for increasing transparency and has been developing is complex and has multiple building anti-corruption communities . Corruption- 19 components . The organisation values the gather- watch .org .za, though, is one of the most ambitious ing, investigating and then publicising of reports projects developed to date, aiming not only to of corruption in itself, following the famous state- record and crowdsource data but also to network ment of Louis Brandeis that “sunlight is said to be citizens and a wide range of institutions together 20 the best of disinfectants .” It prioritises analysis towards action . and research as a basis for campaigns – aiming to The organisation’s strategies and the online harness the widespread anger and frustration that platforms themselves are still in development . How- can be seen frequently in South African mass media ever, its work so far enables us to identify a number and transform them into public action . It has also of themes that may be important not only for this identified changing social norms and behaviour project but for others following similar paths: as important in changing the environment for cor- ruption . And it has identified a need to reposition • Even where internet penetration rates are rela- corruption as an issue that affects everyone – espe- tively low, websites and Facebook pages can be cially the poor – thus aiming to connect it to broader used effectively – but this requires integration political debates on social development and serv- with other communication channels, which can ice delivery . Lastly, it sees improving accountability be challenging and resource intensive . and transparency in the agencies responsible for • As online communities become more repre- investigating and prosecuting corruption as a sentative, there is an opportunity for enabling means to increase their effectiveness and improve a public sphere where social norms around deterrence . corruption can be debated and influenced, es- The range and complexity of the organisation’s pecially where mass media have limited reach ambition and its analysis of the complex problem of or are tightly controlled . corruption imply a corresponding complexity in how • Moving beyond anonymous reporting has al- it uses the internet and other communication tools . lowed Corruption Watch to engage with those While data is valuable in itself, the organisation’s reporting – strengthening its capacity to build strategies require doing much more than gather- social activist networks – but it also creates risks ing and publicising data . It aims to build a network that the organisation has to actively manage . of partners capable of taking action on the reports it receives and holding prosecuting agencies re- • Corruption Watch’s developing theory of change sponsible . It also aims to use online platforms as identifies creating and disseminating informa- a means of encouraging and organising action – as tion on corruption as important steps, but not organisations such as Avaaz .org have done suc- sufficient in themselves . Its focus on building cessfully . This will require further development of strong networks and partnerships is likely to the online tools it uses in the future . drive further development of how it uses online tools to further its objectives . n

18 Theories of change are the explicit and implicit theories underlying an organisation’s strategies and priorities that connect their objectives (the change they are seeking) and the means by which these changes will come about . The Corruption Watch staff have been working on developing and articulating a theory of change to inform their strategies . For more on theories of change see Weiss, C . (1997) How Can Theory-Based Evaluation Make Greater Headway?, Evaluation Review, 21 (4), p . 501-524 . 19 These observations are based on numerous conversations with Corruption Watch staff and founders as well as public statements to be found on the Corruption Watch website . 20 www .brandeis .edu/legacyfund/bio .html 21 ipaidabribe .com

198 / Global Information Society Watch Spain The power of a connected society to demand transparency and social responsibility in Spanish banks: The case of the Clean Banking Campaign by SETEM

least eight Spanish banks: Cajalón, Caja España, SETEM Caja Mediterráneo, Bankinter, Ibercaja, Banco Pop- Anna Fernández and Marta Solano setem .org ular, Banc Sabadell and La Caixa . This is the starting point for SETEM’s Clean Banking campaign, whose slogan is “We are customers, not accomplices .” Introduction The campaign reports on the activities of the main Spanish banks can invest in any business and apply Spanish banks in the arms industry and offers alter- the level of transparency they want when it comes to natives for action . citizens . There are no mandatory standards govern- The Clean Banking campaign revolves around ing transparency and investment for banks . Banks two reports commissioned from the research centre can develop their own policy of social responsi- Profundo: Dirty Business: Spanish banks financing 3 bility and transparency or voluntarily implement producers of controversial weapons and Explo‑ standards, codes of conduct or initiatives in the in- sive Investments: Banking business with Spanish 4 ternational financial sector 1. The problem, however, arms companies. Published only in digital format, is that ethical codes are voluntary, and even the law both analyse the financial and economic relation- allows many activities that are unethical . Further- ships between Spanish banks and 19 of the leading more, although there are banks that subscribe to manufacturers of controversial weapons and pro- international codes, they are not obliged to meet hibited arms that cause hundreds of thousands of these principles . This legal imbalance is known civilian deaths worldwide . These weapons are nu- as “soft law” (i .e . the voluntary and self-regulated clear weapons, depleted uranium and prohibited compliance with human rights and international weapons such as chemical and biological weap- resolutions, the breach of which is not penalised) . ons, cluster bombs and anti-personnel mines . The For instance, regarding internal regulation on report highlights that the Spanish banks BBVA, financing and the arms industry, the Corporate Banco Santander and Bankia are the three most ac- Responsibility Report 2010 for the Spanish bank tive in financing companies producing controversial Caixabank reads: “La Caixa, according to its Code weapons . of Ethical Values and Principles, will not participate Bancalimpia.com in financing operations or export of material for war or for military use . Also, the Bank excludes any The campaign was launched from an interactive 5 business relationship with companies related to website on which visitors can see very clearly and the production or marketing of landmines and/or easily which “dirty businesses” their bank is invest- bombs .” Despite having these internal regulations, ing their money in, read the reports, and participate Caixabank ranks fourth among banks involved in in cyber actions such as sending an email to the the arms business in Spain, after BBVA, Banco bank, sharing the campaign on social networks or Santander and Bankia, according to the recent donating to the campaign . report Inversiones que son la bomba (Explosive In- In the last year, bancalimpia .com has received vestments) by SETEM 2. over 100,000 visits, and users have sent over 8,000 Every day, banks use our money to finance and emails to their banks to object to the use of their invest in companies that make weapons used in money in the arms industry . There have been several conflicts around the world . A recently reported case videos and actions on social networks with the clear is that of MAT-120 cluster bombs manufactured by objective of going viral, and of encouraging partici- the Spanish company Instalaza in 2007 and used pation: visitors to the social network sites share the by Muammar Gaddafi in Libya for bombing Misrata . initiative with their contacts and contribute to the The production of these bombs was financed by at dissemination of the campaign via the internet .

1 More information is available in the 2010 report “Close the Gap” by 3 finanzaseticas or. g/wp-content/uploads/2011/05/Dirty-Business- the BankTrack network: www .banktrack .org/download/close_the_ SETEM1 pdf. gap/close_the% 20gap .pdf 4 www .setem .org/media/pdfs/Informe_inversiones_explosivas pdf. 2 www .setem .org/media/pdfs/Informe_inversiones_explosivas3 .pdf 5 www .bancalimpia .com

SPAIN / 199 The campaign has achieved some small accom- we have encountered many difficulties in finding plishments: CatalunyaCaixa has sold its shares in data, as reports and databases about investment BAE Systems – a producer of nuclear weapons – and are restricted . For citizens, websites and social BBK has done the same with their shares in Thales . networking profiles of banks are basically focused Banco Popular, Bankinter and Banco Santander on marketing their products and services, not on have also contacted the campaign . reporting what is done with customers’ money, or The campaign was nominated as one of the 10 how the bank is organised internally, and so on . As a best websites for social activism campaigns world- result it is really difficult to know where investments wide by the BOB Awards,6 which rewards projects are taking place . focused on the right to freedom of expression that Fortunately, not all banks are like this, and there encourage open debate on the internet . Highlights is an alternative banking model that does uphold of the site include constant updating and clear mes- transparency as a fundamental principle: we refer sages that are easy to understand, and the fact that to this as ethical banking . Ethical banking is anoth- some banks have begun to respond to the com- er way of saving and investing that combines social plaints from the public . benefits with economic benefits . Savings accounts, This good news contrasts with the silence that mutual funds or deposits seek the ethical use of the campaign has received from the mass media, money and are committed to socially and environ- and the rest of the banks that have not contacted mentally responsible companies . the campaign . Ethical financial institutions apply ethical, so- We have also found a lack of transparency in cial and environmental criteria when defining their the reporting of banks’ investments, and that the investment policy, and this also implies defining a banks will go as far as to block communication on policy for transparency . Transparency is a key ele- controversial topics . Examples include the sudden ment that lends coherence and credibility to the interruption of the streaming broadcast of a Banco ethical finance sector, and facilitates the social Santander shareholders’ meeting, just when a transformation of banking . This would be meaning- member of the campaign was speaking, and the dif- less without the banks’ reporting on the projects ficulties found in getting the mainstream media to being funded and investments made in a simple, report on the campaign . In fact, the Clean Banking fair and accessible way . campaign is considered one of the great “media si- For partners and customers of ethical financial lences” of 2011, according to the Media ca. t Yearbook institutions, a transparency policy mainly involves 2011,7 which considers that the contents of the Dirty two things . First, knowing what projects and organi- Business report deserved better media coverage . sations are being funded or invested in implies that The Yearbook reports that in May 2011 the digital clients know exactly where and why their money is editions of the Spanish newspapers ABC, El Mundo, being used . And consequently, this knowledge can Qué, La Vanguardia and ADN covered the reports . The bring coherence . Coherence means avoiding what newspaper Gara, widely read in the Basque Country, is often a contradiction between personal values also reported on the connection between the clus- and the values that emerge from the use given to ter bombs and Spanish banks . In addition, a radio our money . programme on the radio station RTVE, called Hora In Spain, ethical banks typically focus their América (America Time), gave SETEM spokespeople energy on maintaining an online presence where the opportunity to explain the report . people can learn about their philosophies, opera- The conclusion that emerges from this, accord- tions and projects being invested in . In this way they ing to the Yearbook, is that digital media or digital maximise the huge potential of the internet as a dis- media publications by the mass media are much semination tool, and as a key means of promotion more open to cover cases of complaints and viola- amongst citizens who demand ethical alternatives . tions of rights, while the print editions of the mass The targets of all investments are shared via their media are reluctant to publish such information . websites8 and social networking profiles . In 2011 the ethical finance sector in Spain in- Transparency? creased significantly: deposits have increased by Following the work of the Clean Banking cam- 54%, and loans have gone up 24% from 2010 .9 paign, we have continued to come across a lack of This achievement would hardly have been possible transparency in the banking sector . For instance,

8 For examples, see: www triodos. .es, www oikocr. edit .cat, www fiar. e . 6 thebobs .com/english/about/about-2 com and www coop57. or. g 7 www media. .cat/anuari/les-guerres-dels-bancs-catalans 9 www fets. .org/ca-es/general/barometre-2011

200 / Global Information Society Watch without the role played by the internet in the open controversial investments by banks that is not of- dissemination and sharing of information . fered by the banks themselves – such as Banca Armada (Armed Bank),13 a website jointly created Action steps by SETEM, the Observatory on Debt in Globaliza- SETEM is committed to exploiting the revolution tion and the Delas Centre for Justice and Peace, and towards transparency and facilitating dialogue with Bank Secrets,14 an initiative by BankTrack . the public that the internet has enabled . Social networks can help visualise and share information Wishes for the future about the transparency of the banking sector and Banks will be increasingly less capable of silencing continue to demand real changes . corruption and a lack of social responsibility . The How do we face up to this challenge? We have internet opens a huge door to spread information different areas of work, ranging from building argu- and take action . NGOs and social movements can ments against the unethical practices of the banking make cases of rights violations visible and directly sector, to the promotion of alternatives . promote alternatives – the mass media is not the One area that will continue to develop, and only partner defending civil rights . Furthermore, which has had more impact in recent years, is the objective is to stop being a one-way voice and shareholder activism (i .e . participation in banks’ create a community of people who support ethical shareholders’ meetings to bring attention to the banking, a community which grows and is strength- unethical practices of the company) . The process ened through the multiplier effect of the internet . is initiated via the internet – on social networks, In this sense, digital media promote the abil- through emails to a database of supporters, on a ity not only to spread messages that previously website, etc . – calling for shareholders to delegate could be censored, but also offer the great ad- to SETEM the right to participate in a shareholders’ vantage that an engaged citizenry can organise meeting 10. For example, in order to attend the meet- and be directly empowered in change campaigns . ing of shareholders of BBVA, 511,920 shares were Social movements such as the 15th of May Move- delegated .11 This allowed us to put evidence before ment (15M) in Spain or the Arab Spring were born the board of directors and shareholders about the using social networks . An interesting point is that continued relationship between the Spanish bank a critical movement such as Democracia Real Ya and arms production worldwide, some as contro- (Real Democracy Now) has more Twitter followers versial as nuclear weapons, cluster bombs and than the two major political parties in Spain (PP and depleted uranium weapons . PSOE) . On the other hand, we are also working on a Social networks make it possible for the citizens new line of action that will involve new actors . In themselves to organise politically, outside struc- September 2012 we launched the campaign De- tured organisations . mand Ethical Banking from Your University,12 which One of the most ambitious campaigns for the encourages the university community to ask its own 15M Movement is the 15MpaRato15 campaign . This universities to work with ethical banks . This is a is an online campaign to collect information about participatory campaign with a big focus on online the Bankia case and file a complaint against the activities, including an ambitious social media plan . perpetrators that have led to its bankruptcy . The The aim is to create a digital identity for the cam- campaign explains on its website that “the people paign and from there to build online communities can demand responsibilities, we now have the tools with students who want their universities to make on the net to reveal their accounts, their dirty tricks, the switch to ethical banking . Some of the actions discredit and prosecute them until they have no- planned are the production of videos by university where to hide .” students that can be circulated across social net- This is our desire for the future: a society that works, cyber actions and Twitter actions directed uses the power of the internet to organise and take at their own universities, and other forms of cam- part in building the world we want . n paigning using social networks . Another of the highlights is the creation of websites that bring together information about

10 www setem. or. g/blog/es/catalunya/activismo-accionarial-peticion- de-acciones-para-asistir-a-la-junta-de-accionistas-de-la-caixa 11 www .setem .org/blog/es/catalunya/bbva-ocupa-la-primera- 13 bancaarmada or. g posicion-en-el-ranking-de-la-banca-armada-espanola 14 lossecretosdelosbancos .org 12 www .demanabancaetica .org 15 15mparato .wordpress .com

SPAIN / 201 Switzerland Switzerland: Facets of an unimposing problem

A closer look at the Swiss Alps republic offers plenty Comunica-ch Wolf Ludwig of less laudable facets . www .communica-ch .net A main pillar and pride of Swiss identity is its longstanding neutrality . Over broad periods of its contemporary history, Switzerland used this spe- Introduction cial status for all sorts of doubtful collaborations . Usually, Switzerland is not perceived in conjunction Among the more familiar is the Nazi gold transferred with phenomena like corruption or varieties of bad by Nazi Germany to Swiss and overseas banks be- governance . Geneva is the home of a major United fore and during the Second World War 5. And over the Nations seat and the four Geneva Conventions course of decades, Switzerland was a safe harbour of 1949, the two Additional Protocols of 1977 and for fraud and embezzlement of national wealth for the Additional Protocol of 2005 that form the core almost all despots around the world, including Idi of international humanitarian law .1 Furthermore, it Amin (Uganda), Jean-Bedel Bokassa (Central Afri- is the homeland of the International Committee of can Republic), Joseph Desire Mobutu (Zaire), “Baby the Red Cross, the Basel Convention on the Control Doc” Duvalier (Haiti) and Ferdinand Edralin Marcos of Transboundary Movements of Hazardous Wastes (Philippines), among many others .6 Money launder- and Their Disposal,2 and comparable institutions . In ing on a broad scale for Latin American and other wealthy and affluent societies, corruption is seen as drug cartels was another lucrative line of business less pervasive . for Swiss banks 7. Huge treasures of peculated na- Switzerland’s financial centre plays a central tional wealth from all over the globe are stashed in role in its economy with regards to labour, the crea- Swiss bank accounts, totalling around 2 .7 trillion tion of value and tax revenue . The financial sector Swiss francs, according to the Swiss Bankers As- is responsible for roughly 11 .5% of the gross do- sociation .8 Among accomplished gentlemen at the mestic product and employs 6% of the workforce . Zurich Paradeplatz, the gathering place for Swiss Furthermore, this sector contributes approximately bankers, a common understanding that “money has 10% of the country’s income and corporate tax rev- no smell” prevails . Almost constitutional in this re- enue . Switzerland’s general stability accounts for spect is the famous Swiss bank secrecy – another its international reputation as a preferred provider pillar of Swiss national identity or particularity . of financial services . Important competitive advan- tages are, for instance, its political constancy and “Potentate money” the stability of its currency . Switzerland also plays On the one hand, the country’s elite stands on its a leading global role in asset management: roughly immaculate image as honourable bourgeoisie; on one third of all private assets invested abroad are the other hand, they never had any scruples about managed by Swiss banks .3 serving as helpers and dealers of the world’s worst scoundrels . While the international community Country situation closed ranks for the UN boycott against the South According to the Transparency International (TI) African apartheid regime, Swiss business and bank- Corruption Perceptions Index 2011, Switzerland is ers proved beneficial for the regime .9 As always, at the forefront with a reputable eighth position money has no smell, and whatever serves one’s own behind New Zealand, Scandinavian countries, Sin- gapore and the Netherlands .4 But this is only one 5 en .wikipedia or. g/wiki/Nazi_gold and en .wikipedia or. g/wiki/ side of the coin and reflects a common perception . World_Jewish_Congress_lawsuit_against_Swiss_Banks 6 Ziegler, J . (1992) Die Schweiz wäscht weisser: Die Finanzdrehscheibe des internationalen Verbrechens, Knaur, 1 www .eda .admin .ch/eda/en/home/topics/intla/humlaw/gecons . Munich . html 7 Trepp, G . (1996) Swiss Connection, Unionsverlag, Zurich . 2 www .basel .int 8 www swissbanking. or. g/en/home .htm and www .spiegel de/. 3 www .transparency .ch/financialcentre spiegel/print/d-88754355 .html 4 cpi .transparency .org/cpi2011/results and www .transparency .org/ 9 www apar. theid-reparations ch/documents/r. eparationen/WSP_ news/pressrelease/20111201_cpi en_05 pdf.

202 / Global Information Society Watch interests cannot be doubtful . And the Swiss govern- Lessons learned: The Arab Spring cases ment, while continuously praising the country’s Some observers argue that there was an incontest- “humanitarian tradition” and values, has tolerated able change of policy when the former minister of this distinct form of hypocrisy over decades . “Cases foreign affairs, Micheline Calmy-Rey (2003-2011), a like Abacha, Marcos and Duvalier clearly show that member of the Social Democratic Party (SPS), came Swiss bank accounts were continuously abused by into office . In recent cases the Swiss government dictators… [and this] has impaired the reputation of proved to be alert and responsive . At the beginning the country’s finance centre,” says TI . of 2011, Switzerland was the first country to freeze This inglorious tradition or business-as-usual assets held by the former Egyptian and Tunisian lead- policy has seen a constant but hesitant change in ers and their entourages, in order to return the illicit recent years through the freezing of illicit assets . assets by means of legal assistance and in coopera- Switzerland has undertaken various steps on the tion with the countries concerned . At an international legal front over the last years to strip off its negative experts meeting in January 2011 in Lausanne, the image as shelter for illegal money from “politically Federal Department of Foreign Affairs (FDFA) stated: exposed persons” or so-called “potentate money” .10 In 1997, the parliament passed a new law to combat It was Switzerland’s wish to bring together the money laundering, corruption and the financing of various actors from these states and these finan- terrorism in the financial sector – the GwG 11. An- cial centres a year after the events . The purpose other challenge for the Swiss government was a was to summarize the first lessons learned from transparent and fair restitution of illicit assets act the experience, to examine possibilities of fu- – the Act on the Restitution of Illicit Assets (LRAI), ture action and to strengthen contacts between also known as “Lex Duvalier” – which entered into the different governmental actors and inter- force in February 2011 12. governmental organizations concerned with the According to the Swiss Foreign Office: recovery of stolen assets . Switzerland has returned about 1 .7 billion Swiss This was the sixth seminar as part of the Lausanne francs to countries of origin, which is more than Process launched by the FDFA in 2001 to promote any other financial centre of a comparable size . dialogue between countries affected by corruption Individual cases attract considerable public- and recipient countries of illicitly acquired assets 14. ity on account of the high profile of the people While considerable progress was made in terms and the amounts of money involved . Examples of illicit assets, Switzerland is still a safe harbour for include: the Montesinos case, Peru, 2002; the tax evasion from neighbouring countries like Germa- Marcos case, the Philippines, 2003; the Abacha ny, France, Italy and others . Under constant pressure case, Nigeria, 2005; the Angolese assets case, from the European Union (EU) and the Organisation Angola, 2005; the Kazakh assets case, Kaza- for Economic Co-operation and Development (OECD) khstan, 2007; the Salinas case, Mexico, 2008 . over the last years, Switzerland is redefining its tra- Some cases are particularly complex to solve . dition of bank secrecy and has started bare-knuckle Among them, one can mention the Mobutu case negotiations with the German government . This has (Democratic Republic of Congo or DRC) and resulted in a bilateral tax treaty (Steuerabkommen) the Duvalier case (Haiti) . In the Mobutu case, that is still strongly disputed in the German parlia- Switzerland strove during 12 years to return the ment and public for not being effective enough . frozen assets to the DRC . This challenge finally failed among others because of the lack of co- The export sector operation of [the DRC] .13 Switzerland’s wealth is not so much based on its financial sector but rather on exports 15. Another TI together with other Swiss NGOs is closely observ- facet of the corruption and bribery story is Swiss ing such restitutions to the countries of origin as enterprises doing business abroad where “bribery well as their appropriate expenditure . is almost a day-to-day routine .” According to a sur- vey published by the University of Applied Sciences in Chur (HWT), around 40% of Swiss enterprises are

10 www .transparency .ch/de/aktivitaeten/potentatengelder/index . php?navanchor=2110020 14 www news. .admin ch/message/index. html?lang=en&msg-. 11 www .admin .ch/ch/d/sr/9/955 .0 .de .pdf id=43127 and www .eda .admin ch/eda/en/home/r. ecent/media/ 12 www .admin .ch/ch/d/sr/c196_1 .html and www .eda .admin .ch/eda/ single .html?id=37632 en/home/topics/finec/intcr/poexp .html 15 www rudolfstr. ahm .ch/wp-content/uploads/2012/03/ 13 Ibid . buchbestellschein-hep pdf.

SWITZERLAND / 203 confronted with bribery demands . And more than Spicy side notes half of them concede to such practises . In total, Other unsavoury corruption stories in the country more than a fifth of 510 export companies surveyed involve the International Olympic Committee (IOC), are using bribery to land contracts – “a surprisingly seated in Lausanne, and the World Football Asso- 16 high share” say the authors of the study . ciation FIFA, based in Zurich . Over the years, the For TI this finding once again shows gaps in the media has continuously reported about hair-raising legal order . On one side, bribing of foreign officials corruption stories from these organisations . “Cor- is a punishable offence . Furthermore, enterprises ruption in sport became endemic and endangers that do not take precautions can be prosecuted and the integrity of Olympic sports gravely,” says Ri- fined up to five million Swiss francs . However, not chard Pound, who has been the IOC vice president punishable is the so-called “business climate care for many years . The overwhelming majority of the work” which includes favours for foreign officials 35 Olympic World Sport Associations have taken that do not involve official orders or authorisations . no precautions to prevent and combat corruption . According to TI spokesperson Delphine Most associations and their officials are not even Centlivres, “Corruption is a deed with two offend- aware of the problem . As head of an internal as- ers, whereas a victim in the classical sense is sessment commission in the bribery case of Salt missing .” Therefore, law enforcement agencies are Lake City, Pound saved the IOC from the corruption rarely informed about such abuses and “nobody nemesis in 1999 .20 After persistent criticism and invokes the courts .” Subsequently, condemnations pressure the IOC established an Ethics Commission for bribery abroad are extremely rare . An exception to investigate its notoriously incompetent executive from the rule was the Alstom case when the French board members . energy and transport giant was fined 2 .5 million In recent times, the turmoil around FIFA and its Swiss francs for briberies in Latvia, Tunisia and Ma- autocratic boss Sepp Blatter has bothered Swiss laysia in 2011 . According to the Office of the Attorney parliamentarians . Notorious scandals at the FIFA General of Switzerland, Alstom used a number of headquarters in Zurich were not an issue for Swiss middlemen to veil payments to foreign officials . A politicians until December 2010, when new revela- 17 total of 24 criminal procedures were launched . tions about bribery cases in the top management OECD progress report became public . A 20-million-euro sponsoring deal between FIFA and Interpol, the specialised agency A recent TI report on the Progress Report on Export- to combat international crime, covering 40% of In- ing Corruption published by the OECD indicates terpol’s annual budget, was singled out by a Swiss that corruption charges increasingly lead to fines, MP: “It’s like the smuggler bribing the customs of- imprisonments and claims of damages against rep- ficer .” In several motions by political parties the utation . With 52 anti-corruption cases and a share government was urged to take actions against of 1 .5% of world trade, Switzerland belongs to the common corruption and betting manipulations in seven countries actively implementing the OECD sports associations . Parliamentarians asked for 18 anti-bribery convention . However, the number of termination of unjustified tax privileges and exemp- cases is still rather small and imposed sanctions tions for FIFA which were “harming Switzerland’s are often not deterrent enough . Furthermore, regu- reputation .”21 lations against bribery in the private sector should As of now, the IOC and FIFA are not subject to be intensified and incorporated into the criminal Swiss corruption laws – the Confederation still con- code . Moreover, national regulations for granting of siders them ordinary associations, despite the fact undue advantages should not be limited to public that the Olympic umbrella organisation conducts officials in Switzerland only, but equally applicable the games every four years with turnovers of around 19 to officials abroad . USD 6 billion . With its four-yearly World Cup, FIFA generates around USD 4 billion . Yet the direction of these mega events is not legally considered a 16 www tr. ansparency .ch/de/aktuelles/meldungen/2012_10_19_ DerBund_Jedes_fuenfte_Unternehmen_zahlt_im_Ausland_ 20 www .stuttgarter-zeitung de/inhalt. korruption-bei-fifa-und-ioc-. Schmiergelder .php?navid=1 der-kampf-gegen-die-schattenmaenner .b09f633f-4bd3-4365- 17 Ibid . b2f5-b60c8c6270fb html;. www w. eltbild .ch/3/17401951-1/ebook/ 18 www oecd. .org/daf/briberyininternationalbusiness/anti- korruption-im-ioc .html and Sitarek, J . (2004) Quo vadis, IOC? Der briberyconvention/38028044 .pdf Korruptionsskandal um die Vergabe der Olympischen Winterspiele 19 www tr. ansparency .ch/de/aktuelles_schweiz/ an Salt Lake City 2002 und die Folgen, Diplomica, Hamburg . meldungen/2012_09_05_Pressemitteilung_OECD_Progress_ 21 www .tagesanzeiger ch/schw. eiz/standard/Die-Schweiz- Report_2012 .php?navid=1 and transparency .ch/de/PDF_files/ nimmt-Schaden/story/22748653?dossier_id=1536 and www . Divers/2012_ExportingCorruption_OECD_Progress_Report_EN .pdf tagesanzeiger ch/S. port/dossier2 .html?dossier_id=1536

204 / Global Information Society Watch business operation . Misconduct inside the world’s Action steps biggest sport organisations is subject only to a sort of self-administered justice or a kind of dysfunction- • The sensitisation of the public, political parties al self-regulation 22. and parliamentarians about the various impacts of corruption in Swiss politics and business is Conclusions necessary . The internet and related communica- There is no evidence or obvious causality that the tion tools have become an important instrument internet was crucial for revealing corruption prob- for civil society and NGOs to increase awareness lems in the country, besides increasingly promoting and the transparency and accountability of the transparency and accountability . Over the years, country’s institutions, where established media Swiss NGOs specialised in development coop- do not properly perform this watchdog function . eration like the Berne Declaration and others have • The excellent work TI is doing needs stronger been doing their best to sensitise the public and to public support and recognition . launch campaigns that improve the compliance of • There is a need for the reconsideration and Swiss global players abroad: modification of the IOC’s and FIFA’s legal status Business opportunities for corporations have as business entities and increased control . greatly increased in recent years . Swiss corpo- • Critical voices like the Berne Declaration and rations buy, invest, produce, and sell all over the other NGOs specialised in development cooper- world nowadays . The Berne Declaration makes ation in its various facets should be listened to sure that they act responsibly towards the so- by the country’s political and business actors . n cieties and the environments in which they operate . This is particularly important in areas where Swiss concerns are major global players: in pharmaceuticals, agribusiness and finance 23. Civil society and NGOs are increasingly using new communication tools and platforms to launch peti- tions and campaigns and to improve public scrutiny .

22 www .news .de/sport/855089725/sport-als-rechtsinsel-feigenblatt- ethikkommission/1 23 www .evb .ch/en/f25000037 .html

SWITZERLAND / 205 Syria Young Syrians tackle corruption using the internet

of the administrative performance of government Anas Tawileh agencies to reduce the potential for corruption . Syrian legislators have explicitly criminalised Introduction corruption . For example, article 31 of the Economic Fighting corruption is a very high priority on the de- Criminal Law states: “The initiation of an economic velopment agenda of many developing countries, crime is as a full crime . Most of the acts of corruption and Syria is no exception . Several initiatives have are considered economic crimes, and punishable by been launched in the country to increase the gov- economic criminal law .”5 ernment’s transparency towards its citizens . In the 2011 Corruption Perceptions Index, Syria ranked Using ICTs to fight corruption 129th of 182 countries, with a score of 2 .6 for the In a project designed to empower the Syrian youth, index 1. In the previous year, the country occupied conceived and implemented by the Syria Trust for the 126th place, scoring 2 .5 on the index . Clearly, Development,6 participants (mostly youth aged more initiatives are still needed to fight corruption, between 14 and 16 years) were asked to identify and more effective tools must be utilised to support development issues and challenges faced by their these initiatives . A study by Dreher and Herzfeld in local communities, and develop solutions that 20052 estimated that Syria loses an average of USD leverage ICTs to address these challenges . In one 34 of its per capita GDP as a result of corruption . brainstorming session for the project, participants In their search for effective tools to support in the city of Homs in central Syria identified the anti-corruption initiatives, Syrians noticed the re- passive attitude of their fellow citizens towards markable growth in mobile and internet penetration voicing their concerns and complaining about prob- over the past few years . Internet penetration in 2010 lems in the provision of governmental services . was 19 .8%,3 and around 10 million Syrians had mo- They believed that this can be attributed to two bile phones in 2009 4. Leveraging these technologies main reasons . Firstly, people do not believe that and their growing popularity among the country’s their complaints are taken seriously, and they feel population to contribute to the fight against corrup- that the government is indifferent towards their tion became an obvious choice . opinions and needs . Secondly, even if someone wanted to complain, there are no clear mechanisms Policy and legislative environment or communication channels for them to do so . A report produced by the committee tasked with es- Another problem identified by the project par- tablishing measures to prevent and fight corruption, ticipants was the negative perception of ICTs among published in 2011, clearly mentions the passive and citizens . While the younger generation was eager sometimes negative attitude of most citizens when to learn and adopt new ICT technologies, older it comes to corruption, and sees this as a significant citizens were more cynical of the benefits that can hurdle facing reform efforts . The committee’s rec- be gained from their use, and could not appreciate ommendations included finding ways to convince the potential of these technologies in their lives citizens that their complaints are taken seriously, and communities . There was a widespread belief and that they count when it comes to building a among older generations that these technologies more transparent, effective and efficient public are mostly used to access inappropriate content sector . Additionally, the report recommended es- or are a wasteful use of time, and that such usage tablishing mechanisms for continuous monitoring does not justify the high expenses associated with their use . In a brilliant stroke of creativity, the team de- 1 cpi .transparency .org/cpi2011 cided to design a project that would improve the 2 Dreher, A . and Herzfeld, T . (2005) The Economic Costs of perception of the older generations towards ICTs by Corruption: A Survey and New Evidence . 129 .3 .20 .41/eps/pe/ papers/0506/0506001 .pdf 3 Internet World Stats www .internetworldstats .com/middle .htm 4 Economy Watch www .economywatch .com/economic-statistics/ 5 Translations are as per official government translations . Syria/Telephone_Statistics/ 6 www .syriatrust .org

206 / Global Information Society Watch demonstrating how effective these tools can be in they could immediately report the problem using creating communication channels between citizens the platform by either sending a text message or and the local administration . The team met with through the online web interface . They could also officers from the local electricity supply company submit photos to document the problem being and the city’s municipality to sell their idea . They reported . The submitted problem reports or com- noticed great enthusiasm among the management plaints are displayed on a map view on the platform, of these agencies for creative ways of leveraging and an email request is immediately sent to the ICTs to strengthen connections between them and organisation responsible for this type of problem the citizens of their localities, and for improving within the reported geographic areas (see Figure 1) . public participation in the monitoring of local serv- When the complaint is addressed and the prob- ice provision . This, they believed, would increase lem it reports is solved, it will be removed from the transparency and accountability, and reduce the po- map . Using Ushahidi’s timeline feature, manage- tential for corruption in these service areas . ment in the concerned agencies can monitor the To test those assumptions, the project team de- performance of complaint handling in their agen- signed a web portal that would enable citizens to cies by noting the timeframe during which each register complaints about the delivery of local serv- complaint was visible on the map . This feature was ices . Complaints registered in the system would be considered a great tool for establishing responsibil- submitted to the relevant agency for response or ity and accountability, as it gives management an proper resolution, and the citizen who registered objective assessment of the performance of their the complaint could track its status and progress . staff . It also reduces the potential for corruption as However, in the early stages of project evalua- employees in the workflow for any service provision tion, the project team concluded that the low internet within these agencies would know that many eyes penetration rate in the local community, and the high are watching over their shoulders . This, effectively, costs (both financial and technical) associated with crowd-sources monitoring of administrative per- the use of this communication channel at the time, formance by the citizens themselves, which is one would hinder the participation of a large number of of the recommendations from the committee for potential beneficiaries of the system . Using mobile fighting corruption . phones as an alternative point of contact was a more Management can also use the elaborate, nicely attractive option . Almost every person that could use visualised reports that can be produced by the plat- the system owns a mobile phone, and the costs of form to compare performance across different parts mobile messaging are reasonable . Moreover, using of their organisation, and establish benchmarks for the system through a mobile phone does not require the workflows required to address certain types of excessive technical knowledge, which lowers the problems or issues . The reports can also show the barriers to use for many potential users . corruption or carelessness levels in different de- Implementing such an elaborate system that partments or geographic areas . Management can utilises mobile communications, as well as the use this information to better target and prioritise web, as the main point of contact with the citizen, their anti-corruption and accountability initiatives required specialised skills and expertise . Unfortu- and activities . nately, the project’s young team did not possess The project team also developed an additional such skills . Luckily, not long after they faced these feature that uses colour-coding to indicate the sta- technical challenges, the project leader, Eiad Yafi, tus of each complaint . By enabling this feature, stumbled upon Ushahidi, the mobile and web re- citizens can quickly understand the status of their porting platform 7. Yafi discussed the potential for complaint based on its current colour, as different the use of Ushahidi to build the complaints and colours denote varying stages in the complaint re- public service monitoring platform with the project port and resolution process . Management of the team, and a workshop for this purpose was con- concerned agencies can also use this feature to ducted shortly after . quickly assess the problem areas within their agen- The main idea behind the “e‑complaints plat- cies, and evaluate the amount of work required to form” (as the project was named) was to enable address citizens’ complaints . residents in the city of Homs to monitor the provi- While the project was initially planned to include sion of the services of the electricity company and the electricity supply company and the local munici- the city’s municipality . If they found any issues or pality in its pilot and feasibility assessment phase, problems, or witnessed an incident of corruption, the youth behind the idea were very ambitious . Dur- ing their project design workshops, they planned to 7 ushahidi .com scale up the project, contingent on the outcomes of

SYRIA / 207 Figure 1 The e-complaint online platform

its pilot phase, to include all government agencies in corruption and increase accountability, the process the city of Homs, and probably all over Syria . They through which the platform was developed, and the also thought of expanding its scope beyond the potential it holds, offer significant lessons . government to include private sector companies as Probably the most important feature of the well . This, they believed, can be an important source platform is the fact that its idea was completely of revenue that is much needed to ensure the sus- conceived, developed and implemented by young tainability of the project, without compromising its Syrians aged between 14 and 16 years . This clearly transparency and independence . The platform serv- shows the determination of the upcoming genera- ices could be sold to companies in the private sector tions to tackle the challenges that hindered the as an outsourced complaint management service, development of their countries for decades . It is re- and the revenues could be utilised to cover the costs markable to see children of this age thinking about for platform support and future development . ways to empower their fellow citizens and hold their Unfortunately, just before the platform was government accountable . scheduled to be launched, unrest erupted in the Secondly, the project team believed that they city, and the project team was forced to put its plans can actually develop a solution that leverages on hold until the situation stabilises . However, the emerging ICTs to address the complex, multifaceted team remains determined to launch the platform as and widespread problem of corruption . It seems an experiment that demonstrates how ICTs can be that the children have a clear perception of the leveraged to address delicate issues like corrup- internet as an open, transparent and equitable tion, transparency and accountability . communications channel that can give voice to the voiceless . This, they thought, may encourage citi- Conclusions zens to change their attitude towards holding their While the delayed launch of the e-complaints plat- public servants accountable, and take a tougher form did not allow the provision of a concrete report stance towards corruption . on its actual use or the identification of specific But opening up communications between the situations where the platform contributed to reduce government and its citizens requires strong will

208 / Global Information Society Watch from both sides . The project team believed that ICTs • Focus on the younger generations who have a can actually make the process of complaining and stronger belief in their own ability to fight cor- voicing concerns accessible to every citizen . Howev- ruption and increase government transparency, er, the government should also be willing to listen, and in the potential for ICTs to play an important and to take the citizens’ engagement seriously . For role in facilitating this process . this purpose, the project team actively pursued • Identify all concerned stakeholders, secure their meetings with the top management of several gov- commitment to the initiatives from the outset, ernment agencies to secure their participation in and consider their input into the development the project . Management of these agencies ech- of these initiatives . oed the public’s concerns about fighting corruption and improving transparency and accountability, • Leverage ICTs as a medium for raising aware- and were keen to use the platform to develop their ness about the negative consequences of organisations . corruption, and how these tools can be used to increase the public’s monitoring of the areas Action steps that are suspected of high levels of corruption . • Investigate similar ways to leverage the capac- • Liaise with the government to discuss the ity of ICTs to provide easily accessible, equitable cost-effective ways that ICTs can be used to and widespread access to citizens to engage strengthen citizen-government communications

them in the fight against corruption . and citizens’ participation in the public sphere . n

SYRIA / 209 Tanzania Monitoring corruption online in Tanzania

incentives to a public health worker in order to CIPESA Lillian Nalwoga receive treatment, to bribing a traffic policeman, www cipesa. .org paying local councillors and magistrates to decide a case in one’s favour, and grand embezzlement of Background public finances . The introduction of multi-party democracy in Tan- Policy and political background zania in 1992 has seen citizens demand greater Tanzania has in place a number of comprehensive efforts from leaders in the fight against corruption . laws to fight against corruption . These laws can be There have been some plausible efforts by the traced back to the colonial times where the British government, such as the formation of a Presiden- colonial regime introduced and enacted several tial Commission against Corruption by President pieces of legislation to outlaw corrupt practices . It William Mkapa in 1995, to assess the state of cor- is at this time that the first Penal Code (1938), sec- ruption in the country . The commission produced ond Penal Code (1945) and Prevention of Corruption one of the well-regarded analyses of corruption Ordinance (PCO) of 1958 were introduced . How- in African states, known as the “Warioba Report” . ever, in 1971, the PCO was repealed and replaced It identified areas where corruption occurs and by the Prevention of Corruption Act (PCA), whose revealed the mechanisms – regulations and proce- amendment in 1974 led to the establishment of dures – that facilitate corruption . But, rather than the Anti-Corruption Squad (ACS) in 1975 . The PCA decreasing, corruption continues to flourish in Tan- was further amended in 1991 and the ACS had its zania, with current president Jakaya Mrisho Kikwete name changed to the Prevention of Corruption Bu- widely criticised for not doing enough to rein in the reau (PCB) 3. The Prevention of Corruption Act was vice . repealed and replaced by the Prevention and Com- The 2011 Transparency International (TI) Corrup- bating of Corruption Act or PCCA .4 tion Perceptions Index ranks Tanzania at position Key anti-corruption institutions in Tanzania in- 1 100 out of 183 countries . The index measures the clude the Prevention and Combating of Corruption extent of corruption in the public sector . Countries Bureau or PCCB; the Director of Public Prosecutions are scored based on the extent of bribery among (DPP); and the Commission for Human Rights and public officials, kickbacks in public procurement, Good Governance (CHRAGG), the latter being Tan- embezzlement of public funds, and the strength zania’s national focal point for the promotion and and effectiveness of anti-corruption efforts . None- protection of human rights and good governance . theless, reports from the Tanzania Prevention and CHRAGG was established in fulfilment of the 13th Combating of Corruption Bureau (PCCB) indicate Amendment to the country’s Constitution (1997) . that from 1995 to March 2012, several actions have Other institutions include the Ethics Secretariat, been taken in combating corruption in the country . under the Public Leadership Code of Ethics Act, Cap Some 54,860 allegations have been received; 967 398 (1997); the Public Ethics Commission; the Na- public servants inclined to take bribes and other tional Audit Office (NAO); the Public Procurement corrupt behaviour have received administrative ac- Appeals Authority (PPAA); the Good Governance tions; 1,547 cases have been filed in court under Coordination Unit (GGCU); and the Financial Intel- the new Prevention and Combating of Corruption ligence Unit, established within the Ministry of Act (PCCA) (2007); there have been 308 convictions Finance . against corrupt offenders; and over USD 59 million Despite having this legislation and these over- 2 has been recovered by the PCCB . However, both sight institutions in place, grand and petty corruption persist in Tanzania, from continues to flourish . offering a bribe to register a company and providing

1 cpi .transparency .org/cpi2011/results 2 www .pccb .go .tz/index .php/10-investigation/takwimu/12-case- 3 Its name was changed to the PCCB under the PCCA . statistics 4 www .pccb .go tz/index. .php/about-pccb/historical-background

210 / Global Information Society Watch Tracking and reporting corruption online published on the website . Most notable was the 10 Information and communications technology (ICT) massive staff overhaul and reshuffle at the Nation- tools can be used in the fight against corruption, al Housing Corporation (NHC) following an article 11 including for prevention, detection, analysis, and on the website, “Is NHC a den of corruption?”, and corrective action .5 The internet, for example, can a subsequent article, “It is now official – NHC is a 12 play a vital role in improving transparency, account- corrupt institution” . ability and participation . The increasing number of In another instance, the site reports success in internet users in Tanzania can further spur this new creating awareness about the case of a Chinese- development in the fight against corruption . Inter- Tanzanian national whose court case had stalled net usage in Tanzania is estimated at 5 .9 million for over six years – but upon it being published two users with a 11 5%. penetration rate of the popula- years ago on the CTS website it was picked up in tion 6. The fight against corruption has been taken court again . Ms . Jinglang, a Chinese-Tanzanian na- online in the view of not only providing citizens tional, had been falsely evicted from her flat in the with readily available information about corruption Morogoro Store at Oysterbay by the NHC in 2006 . It trends in the country but also to expose the govern- is reported that the NHC used an unlicensed court ment’s weakness in fighting the vice . broker, and the eviction was done in Ms . Jinglang’s One such effort is the Tanzania Anti-Corruption absence . It is also alleged that she ended up losing Tracker System (CTS) that was developed to keep property worth USD 300,000 . The case was picked a track record of publicly available information on up in 2010 by the CTS and reported extensively, presumed or confirmed cases of corruption in or- citing clear evidence of corruption and misuse of der to increase accountability and responsiveness power by the NHC during the eviction exercise . The in the fight against corruption in the country .7 The site further reports that the appearance of the story web-based platform is hosted and managed by on their platform helped trigger the shake-up at the Agenda Participation 2000, a Tanzanian NGO work- NHC headquarters . However, the case remained un- ing to promote a culture of good governance and attended to in Tanzania’s judicial system, despite democracy . It is a unique civil society-led initiative their attempts to mediate and seek an out-of-court in the fight against corruption . Since its launch settlement from the NHC on behalf of the com- in May 2009, the system has been a vital tool for plainant . However, in February 2012, Jinglang was references on corruption issues in Tanzania . It is accorded justice when her appeal was revisited by reported that on average the CTS receives 15 vis- the Dar es Salaam High Court . She was awarded over 13 its every minute, a statistic that key government USD 127, 000 (TZS 200 million) in compensation . websites responsible for curbing corruption do not Although the site has registered successes reach 8. Further, some of the stories published on through published stories being acted upon, it has the website have apparently been acted upon by not documented the challenges or obstacles it has government . This can be attributed to the fact that had to face in its quest to fight corruption . the system works collaboratively and in liaison with The CTS is not alone in this battle: it is joined by major agencies, institutions and groups involved in initiatives such as the Chango project, which uses the fight against corruption in Tanzania – including music, mobile phones and social media to campaign the PCCB, the Ethics Commission,9 media institu- against corruption, selfishness and laziness . The tions and leading CSOs . Verified stories received project now maintains a blog which is constantly 14 by the CTS are shared with an editorial team before updated with their anti-corruption songs . Another dissemination to various audiences in monthly bul- initiative, the Ramani Tandale, allows citizens to letins and via the website . The system reports that the Tanzanian gov- 10 www .corruptiontracker .or .tz/dev/index php?option=com_content. ernment has taken action as a result of stories &view=article&id=13&Itemid=48&lang=en 11 www .corruptiontracker .or .tz/dev/index php?option=com_. content&view=article&id=79%3A-corruption-in-housing- is-nhc-a-den-of-corruption&catid=18%3Acurrent-issues- 5 www .spidercenter .org/sites/default/files/Increasing%20 &Itemid=51&lang=en transparency%20and%20fighting%20corruption%20through%20 12 www .corruptiontracker .or .tz/dev/index php?option=com_. ICT .pdf content&view=article&id=92%3Ait-is-now-official-nhc- 6 www .itnewsafrica .com/2012/06/country-focus-tanzanias-state-of- is-a-corrupt-institution&catid=18%3Acurrent-issues- ict &Itemid=51&lang=en 7 www .corruptiontracker .or .tz/dev/index .php?option=com_content 13 www .corruptiontracker .or .tz/dev/index php?option=com_. &view=article&id=13&Itemid=48&lang=en content&view=article&id=243%3Aa-case-of-david-vs-goliath-as- 8 voices-against-corruption .ning .com/page/accountability-counts- nhc-loses-corrupt-eviction-case-&catid=18%3Acurrent-issues- lessons &Itemid=51&lang=en 9 Different to the Ethics Secretariat mentioned above . 14 chanjoyarushwa blogspot. com.

TANZANIA / 211 report on service delivery and tasks the government Action steps 15 with providing better services . Further, CHRAGG The internet simply provides a medium through is using ICTs to facilitate citizen reporting on cor- which corruption can be fought . Activists should ruption and related service delivery complaints therefore: through mobile phones .16 In particular, the com- mission is now using SMS to enable individuals to • Demand for the proper implementation of laws file complaints, check the status of previously filed and policies that address corruption . Such laws complaints, and receive feedback through a web should not only address the transparency of and mobile platform 17. government but should also demand respect More interestingly, the Tanzanian government for freedom of expression online, freedom of as- has also taken the fight against corruption online . sembly, and access to information . The Minister for the President’s Office stresses the • Embrace opportunities provided by social me- importance of online tracking of how government dia . Social media initiatives should be adopted money is spent as a means of reducing corruption .18 to actively engage citizens in sharing informa- Indeed, Tanzania is one of two East African coun- tion as well as changing their attitudes towards tries that joined the Open Government Partnership, corruption . a global initiative that aims at promoting transpar- • Internet penetration in Tanzania is still low ency, empowering citizens, fighting corruption and and mostly enjoyed in urban areas . There is encouraging the use of new technologies to im- therefore a need to actively advocate for cost- prove governance . An open data website has been effective access with a widespread reach . This launched as one of the commitments by the Tanza- means using technologies such as radio that nian government to make information available to can allow citizens to engage their leaders and the Tanzanian citizenry 19. demand increased transparency . n Conclusions In a country where corruption is rampant and the government seems to take a slow pace in imple- menting its legislation, citizens have chosen to expose corruption online . The cases in Tanzania per- haps demonstrate a paradigm shift in the manner in which ICTs, especially the internet, can increase transparency in government operations . The inter- net provides a means through which citizens can effectively demand accountability and transpar- ency from their leaders . The fact that the Tanzanian government recognises the value of openness, as witnessed in its decision to open up its data, is an indication of the government’s intention and the potential role of the internet in promoting trans- parency . However, opening up data without proper implementation of anti-corruption legislation will not yield the desired impact .

15 tandale .ramanitanzania .org 16 chragg .go .tz 17 www ict4democr. acy .org/about/partnerproject-briefs/tchrgg 18 www guar. dian .co .uk/public-leaders-network/2012/apr/18/open- government-tanzania-corruption 19 www opengo. v .go .tz

212 / Global Information Society Watch Thailand The internet in Thailand: The battle for a transparent and accountable monarchy

‘network monarchy’ . Network monarchy involved Thai Netizen Network Thaweeporn Kummetha active interventions in the political process by the thainetizen .org Thai King and his proxies,” including the privy coun- cillors and the military . McCargo illustrated this Introduction with the Black May crisis in 1992, in which the king told the leader of the protest against the military Thailand, in theory, is a democratic country with the prime minister and the prime minister to meet with king as the head of state . Under the Constitution of him after over 40 protesters were killed, instructing Thailand, the monarch has ceremonial duties only, them to settle down . And in 2006, the 84-year-old and does not have executive powers (but rather has king granted an audience to the coup makers just elected representatives act on his behalf) . after they had overthrown popular premier Thaksin In reality, however, Thai politics is far more Shinawatra . Both events were televised on public messy and complicated, partly because of inter- channels and both generals escaped with impunity . ference from the “invisible hands”, a popular term However, with the lèse majesté law or Article 112 of used by local media meaning unconstitutional the Criminal Code, under which the maximum sen- power which cannot be examined and held account- tence is 15 years in jail, criticism of the roles of the able . This can be seen from the past 18 military coup monarchy and the military is silenced and the law d’états in the 80 years since the forced change from shields them from scrutiny and being held account- absolute to constitutional monarchy in 1932 . able . In effect, the Thai mainstream media practise Although the king has no executive powers, self-censorship on stories related to the monarchy the monarchy has a significant role in Thailand’s that do not fit the official narrative . public affairs, a role which is recognised by the gov- In 2006, the lawmakers appointed by the coup ernment . For example, hundreds of development leaders enacted the 2007 Computer-Related Crimes projects in rural areas across Thailand are patron- Act (CCA), rushing it through the parliamentary ised by royals, the national day has been changed process and without public participation . The law to coincide with King Bhumibol’s birthday, royals has severe jail terms of up to 20 years for people personally present diplomas to public university who post online content deemed lèse majesté (in- graduates, and, last but not least, it is law that eve- sulting to the monarchy) or a threat to national ryone must stand while the royal anthem is played security . It also holds intermediaries at all levels li- before any movie or performance . able over content published through them, and they This is largely a result of the revival of the mon- face 20 years in jail for content deemed illegal . archy’s public role by former prime minister Field Marshall Sarit Thanarat, who seized power in a coup The battle to hold the monarchy accountable and promoted the monarchy to justify his dictator- under threat and suppression ship . With a harsh lèse majesté law and incessant As mentioned, the Thai mainstream media have ne- one-sided positive-only publicity about the royals, glected their duty to scrutinise the monarchy and the monarchy’s popularity has risen to that of high the military, as well as the Crown Property Bureau 2. reverence . Simultaneously, Thais are overwhelmed by a hun- Policy and political background ger for information and an eagerness to express their thoughts . The 2006 coup was the first coup In his paper “Network Monarchy and Legitimacy 1 that took place at a time when the internet was ac- Crises in Thailand”, Duncan McCargo, a leading cessible by most of the Thai middle classes, with academic on Thai politics, proposed that between YouTube and online forums being particularly popu- 1973 and 2001 Thai politics is best understood in lar . With the power of the internet, Thailand will terms of a political network in which the leading net- never be the same again . work was “centred on the palace and is here termed

2 The Crown Property Bureau (CPB) is a juristic person, established 1 www .polis .leeds .ac .uk/assets/files/Staff/mccargo-pacific- by law, responsible for managing the personal wealth of the King review-2005 .pdf of Thailand . The CPB is exempt from taxes .

THAILAND / 213 As the 2006 coup took place on 19 September, blocking at regular intervals until the Same Sky several video clips criticising the king and the coup Publishing House, owner of the forum, decided to were uploaded onto YouTube . This resulted in a move to a foreign hosting service, which cost them a five-month ban of the YouTube3 website in Thailand . lot more than local hosting . Because of the financial There were also heated comments and discussions burden and legal burden, the publishing house then on online forums . Many of them were deemed lèse decided to shut down the forum in October 2008 . majesté . Some of the communities created a new forum un- The uncontrollable nature of the online space der the name “We Are All Human”, which still exists made the junta government draft and hastily pass today, but is less popular than the original Same the CCA . The war of censorship against online Sky forum . content criticising the king started during this pe- Another website which became popular dur- riod, and an unprecedented number of URLs were ing the coup was the Prachatai online newspaper blocked by the government . Nonetheless, Thais and web forum . While the Thai mainstream media were not discouraged from criticising the network kept silent, partly because of a fear of lèse majesté, monarchy . Prachatai was one of very few media outlets that One of the first influential online forums that at- published news about the anti-coup movement and tempted to hold the monarchy accountable was the articles against the coup . Meanwhile, the Prachatai Same Sky web forum (or Fah Diew Gan in Thai) . This web forum was heated with comments criticis- was created in 2006, shortly before the coup, as ing the network monarchy . Some of the comments part of a website for the Fah Diew Gan (“under the posted at that time have almost landed Prachatai same sky”) journal, a tri-monthly political academic manager Chiranuch Premchaiporn in jail as an inter- journal which was very critical of the establishment . mediary allowing illegal comments on her website . Most progressives might consider the forum as Even though Chiranuch has not had to live her life the most liberal space allowing netizens to openly behind bars, the trauma experienced because of criticise the monarchy . However, royalists consid- the court battle made her decide to shut down the ered the forum unacceptable, and have called for web forum in 2010, arguing that it was too risky the officials to block it . The royalist right-wing site to host a forum for the free expression of political Manager Online once referred to it as “the No . 1 perspectives . site that insults the monarchy [among the anti-es- The Court of the First Instance sentenced tablishment sites] ”. This claim, ironically, made the Chiranuch in May 2012 to eight months in jail, but forum more popular, as more right-wing, conserva- suspended the sentence for one year . The case is tive royalists joined the forum . This resulted in a now before the Appeal Court . Chiranuch is still fac- vibrant space of differing views debating the mon- ing another case from a different comment also archy, but still dominated by anti-establishment posted on her website . voices . In 2011, police charged regular Prachatai col- Several academics and political activists were umnist Surapot Taweesak, who wrote under the major contributors to the forum . One of them pen name “The Philosopher on the Fringe”, with was Somsak Jeamteerasakul, a history lecturer at lèse majesté after comments published on Prach- Bangkok’s leading Thammasat University . Somsak atai . His comments merely proposed the revision published several articles and think pieces on the of the roles of the monarchy and suggested how to forum, critical of the lèse majesté law as well as the make the monarchy transparent and accountable . monarchy . Many of them have become “classic” For example, he proposed that the king declare his pieces as they are, still today, repeatedly referred assets to the parliament, that the budget given to to when there are debates on these issues . There projects under royal patronage be reviewed by the was also a collective attempt to examine the Crown parliament, and that the lèse majesté law be abol- Property Bureau on the forum . ished to allow the public to examine and criticise Because of the tireless contribution of Somsak the monarchy . to the forum, he became the centre of a network of A year later, another Prachatai columnist and active citizens who were critical of the monarchy, respected journalist, Pravit Rojanaphruk, was sum- and later became well known to the public and me- moned by the police to testify in a lèse majesté dia as a frank and brave critic on this issue . complaint against him for seven articles published Throughout the existence of the internet forum, on Prachatai . The articles that landed Pravit in trou- it was subjected to both “official” and “unofficial” ble merely criticised the lèse majesté law and the discourse of “fatherly love”, analysing the power of 3 facthai .wordpress .com/2007/09/01/thailand-lifts-youtube-ban comparing the king to the father of the people .

214 / Global Information Society Watch As the aforementioned Same Sky forum was early 2011, intrigued many Thais as they contained shut down in 2008, some active Same Sky mem- several eye-opening remarks about the monarchy bers still cling to its replacement . Many, including from high-profile people in Thai politics – such as the vocal academic Somsak, have moved to social the privy councillors and former prime minister . The networks such as Facebook . cable also helped complete the jigsaw of Thai po- Somsak created his Facebook account4 in 2010 . litical conflict that had been inexplicable before . It As of October 2012, he had more than 23,000 shows how Thai politics is manipulated behind the subscribers and more than 5,300 friends . His Fa- scenes . cebook timeline is very vibrant; it is filled with The anti-establishment camp used the cables to news, articles, photos and video clips, shared by the full benefit of their movement – but many efforts people who share his ideology . Somsak produces to expose the monarchy were still subject to cen- up to three short articles, composed of three to sorship . The complete cables including translations ten paragraphs, posted on his Facebook account were published on many underground websites, each day . Some of the articles have attracted more run under false identities, and usually by Thais than 1,000 “likes” and comments . His Facebook based overseas . However, as before, many websites account receives approximately 2,500 hits each run by Thais who lived in Thailand still resorted to day . He is arguably one of the most influential aca- self-censorship . They censored the content that demics on Thai Facebook and the opinion leader of might be deemed lèse majesté, especially names of liberal Thais . royal family members . This, sometimes, made the Somsak has long been subjected to online bul- story almost incomprehensible . In other cases, they lying by the royalists, as well as offline threats . He used code names when referring to royal family always presents arguments in a very careful way, so members; but this is considered risky, as there was that they are not considered lèse majesté . However, a lèse majesté case where a person was charged in late 2011, Somsak was charged with lèse majesté because of an account of Thai politics based on nonetheless 5. The complaint, filed by army person- fictional figures . Many of these websites were sub- nel, attacked his articles6 criticising a TV interview jected to constant official and unofficial government given by Princess Chulabhorn, who technically is suppression . A Thai Red Shirt was charged with lèse not protected by Article 112 . In the interview, the majesté for selling copies of the WikiLeaks cables at princess expressed her opinion on recent political a Red Shirt rally . conflict . She expressed sorrow over the shopping In October 2011, a lengthy report based on mall burnt during the 2010 crackdown on the anti- the cables called “Thailand’s Moment of Truth: A establishment “Red Shirt” supporters . “I would Secret History of 21st Century Siam”, written by like to reiterate that the interview given by the prin- ex-senior Reuters journalist Andrew MacGregor cess, under this legal circumstance, is not fair at all . Marshall, was released . Marshall offered a thor- Would any media dare to publish conflicting opin- ough analysis of thousands of leaked diplomatic ions to her?” wrote Somsak in an article entitled communications in an article which included a “Question to the princess: How can the death of 91 background of Thai history . His article also ana- people and 2,000 injuries not cause more sorrow lysed the royal family members . In order to publish than the burning of the city? Why do you not criti- the story, Marshall had to leave Reuters and Thai- cise the [Yellow Shirt royalist] People’s Alliance for land to avoid the draconian lèse majesté law . He Democracy?” 7. The charges against him reiterated published his story on the zenjournalist .com web- his concern . site, which, unsurprisingly, has been blocked by When it comes to the analysis of Thailand’s the Thai government . monarchy, because of the lèse majesté law, un- Because of the vague Thai computer crime law, sourced or anonymous comments usually are the which allows a broad interpretation of what is con- best that critics can do . However, the WikiLeaks ca- sidered the crime of transmitting illegal data via the bles from the US Embassy in Bangkok, released in internet network, simply sharing a link to Marshall’s website could be considered a crime . Marshall cre- 4 www .facebook .com/somsakjeam ated “Thai Story” or #thaistory, as used on Twitter, 5 www .nationmultimedia .com/home/Shock-cver-lese-majeste- as a code name for his story . The vague code name charge-against-Thammasat-h-30153798 .html and bit .ly/Rhn6iA 6 prachatai .com/journal/2011/04/33901 allows Thais to publicly discuss his story with less 7 From May to December 2008, the royalist People’s Alliance for fear of suppression by the government and ultra- Democracy (PAD), popularly known as the “Yellow Shirts”, held royalist internet users . demonstrations against the Thaksin-backed government . The protests included months of occupation of the Government House The online battle to hold the monarchy account- and a week-long seizure of the country’s main international airport . able after the coup has resulted in about 120,000

THAILAND / 215 URLs being blocked,8 as claimed by the govern- • Civil society should learn to circumvent gov- ment, due to content insulting the monarchy, and ernment censorship by using circumventing about 40 people have been charged with dissemi- tools such as virtual private networks (VPNs) nating online content insulting the king . and TOR, or simply using Google translator and Google cache . Conclusion • The use of any law to suppress or censor criti- In the absence of the mainstream media’s role cism of the monarchy should be transparent and in holding the monarchy accountable, the inter- open for public scrutiny . net helps to facilitate discussion and scrutiny of the monarchy by the general public . Under legal • Mainstream media should not leave it up to civil constraint, Thais need to exercise extreme cau- society to push the limits of what can be said tion when expressing opinions on the issue of the about the “invisible hands” and the network monarchy . monarchy, but should come out of the closet of Access to information inconsistent with official their fear and end the practice of self-censor- narratives about the monarchy is suppressed by ship on issues relating to the monarchy . the authorities . However, many Thai netizens still • Thai internet users should try to use real names manage to circumvent the Thai authorities’ firewall, to lend credibility and transparency to their criti- mainly because of the poor technology and incon- cism . This will also help push the limits of what sistent efforts of the authorities . can be said in public . n Action steps • The Thai government should abolish Article 112 (the lèse majesté law) and amend the CCA to al- low criticism of the monarchy . • Civil society should learn to protect themselves from surveillance by using anonymisers such as The Onion Router (TOR), especially when post- ing messages .

8 According to iLaw’s 2010 Situational Report on Control and Censorship of Online Media, through the use of laws and the imposition of Thai state policies, 57,330 URLs were blocked due to their lèse majesté-related content . In 2011, the ICT minister reported that around 60,000 URLs were blocked due to the same reason . thainetizen .org/docs/thailand-online-media-control-en and thainetizen .org/docs/netizen-report-2011

216 / Global Information Society Watch Uganda Using ICTs to demand better service delivery

enshrined in the country’s Constitution in 1995, WOUGNET Goretti Amuriat and was legalised by the Local Government Act of 3 www .wougnet .org 1997 . The Auditor General’s report of 20094 shows Introduction that most districts failed to explicitly account for the resources that were dispersed to them in the A society in which people are ignorant about gov- previous three financial years . There were wide- ernment functions and systems typically breeds an spread irregularities that indicated overwhelming environment in which corruption and poor service embezzlement and corruption in district ad- delivery can thrive . Information and communica- ministration . Although this was reported in the tions technologies (ICTs) can be strategically used mainstream media,5 there was no demand for ac- to improve access to public services, increase countability from the people . the efficiency, transparency and accountability of Print and electronic media coverage in Uganda government and political processes, as well as em- is still minimal and has hardly penetrated the ru- power citizens by enabling them to participate in ral areas, where close to 80% of the people live 6. 1 government decision-making processes . At local However, community radios are enabling citizens to levels, pro-poor ICT-based governance and public hold their leaders accountable through reporting service delivery strategies and applications can be poor service delivery and bad governance issues . applied to enhance development and poverty re- Political will has increased transparency, but when duction within the larger context of achieving the leaders do not have the capacity and the will to 2 Millennium Development Goals (MDGs) . launch administrative reforms to end corruption, The emergence of new technology, especially naming and shaming offers a workable alternative . the internet and social media, has made information available to multiple users instantly . The internet Voluntary Social Accountability Committees is reducing corruption through providing an av- (VSACs) enue for people to report when they pay a bribe, A lack of civic awareness makes public monitoring thereby exposing corrupt departments, loopholes of service delivery unattainable in most districts, used by officials to demand bribes, and situations and consequently widespread corruption and poor under which bribes are demanded, as well as to service delivery remain a challenge even at the lo- report on other issues of bad governance in their cal government level 7. Information about service communities . delivery and accountability is under the control of This report is based on WOUGNET’s experience the district political and civil service leaders, which in the project “ICTs for improved service delivery”, breeds an environment in which rural populations which is being conducted under the ICT for De- treat the provision of services as a gift or favour mocracy in East Africa (ICT4DemEA) initiative with from their leaders/governments 8. This makes them support from the Swedish Program for ICT in Devel- settle for anything, including shoddy work; they oping Regions (Spider) . never sanction public servants who have embez- Policy and political background zled public funds but rather glorify corrupt people The decentralised system of governance in Uganda meant that resources, both financial and human, 3 World Bank (2003) Decentralisation Policies and Practices: Case were transferred from the centre to lower adminis- Study Uganda . 4 Office of the Auditor General (2009) District Financial erformanceP trations so as to bring service delivery closer to the Report 2009 . population . Uganda’s decentralisation policy was 5 Electronic media stations and print media houses such as New Vision and Monitor Publications . 6 Synovate (2009) Survey on Penetration and Listenership of 1 Bestle, L . (2007) Pro-Poor Public Service Delivery with ICTs: Different Media Houses in Uganda . Making local e-governance work towards achieving the Millennium 7 Uganda Anti-Corruption Network (2010) District Evaluation Report . Development Goals, UNDP . www .apdip .net/apdipenote/11 .pdf 8 Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU) 2 Proposal submitted to Spider for the period 2011-2012, p . 3 . (2009) Strategy Document .

UGANDA / 217 in their villages . They never know, for example, how Centre II . Antenatal and maternity services had much money has been passed to their local leaders ceased to be provided since August 2011, leading for a road or school or health facility . to the deaths of newborn babies or complications WOUGNET – the Women of Uganda Network – during childbirth . In one case a mother who went is using ICTs to increase the capacity of grassroots into labour either had to travel up to Apac Referral populations to demand better services from their or Atapara hospital in Oyam district or had to have leadership . The project targets women, through its a home birth . women’s groups . It has instituted a type of com- The VSAC also reported hidden costs incurred mittee called a Voluntary Social Accountability by expectant mothers who needed to be attended to Committee (VSAC) to assist in implementing the while giving birth . The community had complained project . VSACs are found at the parish level and about the hidden costs incurred after deliveries, comprise 15 members (11 women and four men) and the midwives were ordered to stop making the who meet monthly to share bad governance and charges or to face punishment . They were told to poor service delivery issues in communities, then write down the details of deliveries made and to report to WOUGNET staff . send them to the referral hospital in order to receive WOUGNET has three information centres fully payment on a monthly basis . However, on many connected to the internet in Apac, Amuru and Kam- occasions when this money was transferred to the pala . The project beneficiaries in Apac and Amuru district referral hospital, it never got to the health districts have free access to these centres to im- centre . Due to a lack of motivation, these midwives prove their ICT skills . WOUGNET has set up an open abandoned the job and some have turned to deal- source platform, Ushahidi, where bad governance, ing with other issues such as malaria . poor service delivery and good governance issues The health centre lacks decent staff housing and identified by VSACs are uploaded to create public this prompted the community to construct grass- awareness about the plight of the local people . thatched houses . Some staff opted to commute VSACs are undergoing training on how to use from their homes which are quite far from the health different ICTs such as computers, the internet, dig- centre . For example, a nurse who commutes from ital cameras and mobile phones, and participate in her home in Atinglaki village, which is around eight radio talk shows on promoting good governance . kilometres from the health centre, often reports for WOUGNET is also using social media to report bad duty at midday and leaves by 3:00 p .m . In the end, governance (e .g . Facebook and Twitter) . not all the patients are attended to . The challenges encountered include: The VSAC also reported that the health centre • Absence of basic ICT infrastructure cleaner, someone in charge of cleaning the health unit premises, had last worked four months ear- • High illiteracy levels lier and was still on sick leave . However, he had no • Language barriers (i .e . the dominance of the documentation showing that he was on leave be- English language) cause of delays at the Apac district referral hospital . Since no one was assigned to step into his place, • Slow adaptation of ICT use and application by the health centre grounds had become overgrown, the VSACs making it risky for patients and visitors . • Lack of demonstrated benefit of ICTs to address WOUGNET uploaded this information onto the ground-level development challenges . Ushahidi platform to increase awareness on what Despite the challenges, the internet is an effec- was happening in Kidilani parish . The VSAC mem- tive tool that can be used to fight corruption and bers then followed up with their leaders at the promote good governance . Through VSACs, the sub-county level on matters regarding the state of population is being made aware of the services in service delivery at the health centre . Their leaders their communities that they should take advantage took action by meeting with the District Health Of- of in order to improve their livelihoods and for pov- ficer, and the response was prompt . An “in-charge” erty reduction . (a midwife who oversees the operations of a health centre) and three other nurses were posted to Kidi- lani Health Centre II, and the cleaner recovered and Internet exposes corruption in health centre is now maintaining the health centre premises . The Bad governance and poor service delivery issues nurses and the in-charge are the ones administer- identified during a meeting by the VSAC from ing medication to the patients, unlike previously Kidilani parish, Chegere sub-county, included lim- when the cleaner was assigned to do that . The com- ited access to medical services at Kidilani Health munity expressed appreciation for the benefits they

218 / Global Information Society Watch are deriving from the health unit and we as WOUG- The internet can be used effectively to share NET attribute these changes to the VSAC 9. government budgets and work plans with the citi- zens . This will enable them to effectively monitor Conclusions government expenditure . Corrupt officials can also Corruption creates many public sector dysfunc- be exposed through the internet . We believe that tions and it is ordinary citizens who bear the brunt naming and shaming will help to promote transpar- of corruption, have direct experience of it, and suf- ency and accountability . fer from it . For people, corruption is not abstract . It One of the most stunning findings in recent can be encountered in daily life and impacts on their corruption research is the discovery of the nega- health, education, security, jobs and even survival: tive relationship between women in government from a widow who cannot get her food ration card and corruption . It is claimed that higher rates of because she cannot afford the bribe demanded by female participation in government are associ- the civil servant, to voters whose elected officials ated with lower levels of corruption .12 Why does siphon off or misuse funds intended to alleviate the participation of women in government reduce poverty, to parents whose children die in collapsed government corruption? Substantial literature in schools during a strong earthquake while nearby the social sciences suggests that women may have buildings remain standing . Corruption deprives the higher standards of ethical behaviour and be more community of accessing services and goods that are concerned with the common good – criminologists meant for them . have developed many theories that are potentially Corruption undermines good governance and relevant . Women may be brought up to be more hon- the rule of law . Good governance requires fair legal est or more risk averse than men, or even feel there frameworks that are enforced impartially . It also re- is a greater probability of being caught . Therefore quires full protection of human rights, particularly increasing women’s participation in public govern- those of minorities .10 The impartial enforcement of ance may reduce corruption .13 laws requires an independent judiciary and an im- partial and incorruptible police force . However, with Action steps corruption, officials who are arrested always bribe their way out . For instance, it is often the small fish • Advocate for improved access to ICT facilities that are caught while the big fish who embezzle to encourage rural people to exploit the advan- much more always get off scot-free . tages of ICTs . There are several institutions that fight corrup- • Advocate for the use of social media, especially tion in this country, though they are particularly under restrictive regimes when meeting physi- weak and prone to being overrun by informal politics . cally is difficult . Using social media to report and Until recently, few studies had explored effective act on corruption disrupts its systems, increas- methods of combating corruption by increasing ac- es citizen participation, strengthens campaign cess to information, specifically information about organisation and capacity, wins people over and government policies and practices . This points to an weakens sources of support and control for un- urgent need to put internet-based systems in place accountable and corrupt power holders . to check corruption, enhance transparency and pro- mote access to information .11 • Lead internet-based anti-corruption campaigns, Although the use of the internet is still in its infan- as the internet enables citizens to track how cy, both the creation of information and policy making public funds are used, and makes issues in- can be made interactive using the internet . Policy re- ternational . An example of a civic campaign search may benefit from feedback from users . This is with international dimensions is the “Ask Your because the internet provides a mechanism for users Government”14 campaign, which gathers gov- to become active partners in the dissemination of in- ernmental budget information from 84 countries formation in the policy-making process . and gives citizens access to this information .

9 More information concerning the project and issues related to bad governance and corruption can be found at www .wougnet .org/ ushahidi/reports, www .wougnet .org and www .kicinfo .org 12 Sung, H . E . (2003) Fairer Sex or Fairer System? Gender and 10 Okullo, G . (2011) Paper presented on good governance, at Corruption, Social Forces, 82 (2), p . 703-723 . www jstor. or. g/ awareness raising workshops in Apac and Kole, December . stable/3598207 11 Wu, W . C . (2011) Internet Technology and its Impact on Corruption, 13 Ibid . thesis presented to the Department of Political Science, University 14 www .newtactics .org/en/blog/new-tactics/empowering-citizens- of California, San Diego, 28 March, p . 6 . fight-corruption#comment-5112

UGANDA / 219 • Disseminate information on corruption and • Call upon donors to stop funding sectors where bring this to the attention of the authorities who there is mismanagement of resources . can take action/put social pressure on institu- • Team up: fighting corruption collectively with all tions responsible for handling it . For example, stakeholders increases the effect of individual social media, websites and a web-based plat- action, since there is strength in numbers that form such as Ushahidi can be used for this . leads to change . n • Use the internet to expose corrupt individuals so as to deny them opportunities to work else- where and again mismanage resources .

220 / Global Information Society Watch United Kingdom Pushing for corporate accountability in the UK

transformation towards Open Public Services,6 a Open Rights Group Javier Ruiz new mixed private-public model . www .openrightsgroup .org This focus on data in UK policy has been criti- cised by civil society organisations7 for failing to Introduction deliver fundamental transparency, and a “compre- hensive model of open governance” that changes OpenCorporates is the largest open database of the way government works on a daily basis . company information in the world, covering over 40 One specific shortcoming is the lack of commit- million legal entities in 50 jurisdictions . Company ment to improve corporate accountability . A report8 information is required by many campaigners and by Global Integrity looking at all OGP countries policy makers working on issues such as lobbying, found that “private sector issues are conspicuously tax evasion, corruption and resource management, underrepresented in country action plans .” or simply trying to deal with the global financial crisis . Anyone working in these areas needs to cut Corruption and the UK through the maze of foreign subsidiaries and cross- A report9 from Transparency International found ownership that make up the modern networked that the UK does not have a serious corruption corporation, and OpenCorporates is a key tool . problem, but there is no room for complacency . The project was started by open data activists, Police and prison staff are among several areas of as a side project to one that improved local gov- concern . A civil society review10 of UK compliance ernment transparency in the UK, and is now used with the United Nations Convention against Corrup- by a wide variety of groups, from journalists to fi- tion (UNCAC) concluded that the legal framework is nancial institutions, governments to civil society . sound, but there are issues . Among these, several OpenCorporates has been described by European relate to corporations: Commission Vice-President Neelie Kroes as “the kind of resource the (Digital) Single Market needs .” • Revolving doors where ex-public employees move to work in closely related companies . Open government partnership • Concerns over extensive lobbying by commer- and transparency cial organisations . The UK is a world leader in open government data, • Lack of information on beneficial ownership11 of and it is currently co-chair of the Open Government companies . Partnership (OGP) .1 The UK government has pre- sented to the OGP a national plan of action2 that The report recommends that the UNCAC be ex- mostly centres around open data . tended to all UK crown dependencies and overseas The UK is also introducing a “right to data” re- territories . This is a crucial aspect as many of these quirement in the Freedom of Information Act .3 This are considered “tax havens” – which we will here means that datasets must be offered in an elec- call secrecy jurisdictions.12 A report13 by the World tronic form which is capable of reuse,4 instead of Bank looked at 150 cases of “grand corruption” in- scanned images that require manual typing into volving some USD 56 .4 billion . These involved 24 a computer for further processing . Every govern- UK incorporated companies – the UK was in 6th ment department has now published an open data strategy, with mixed levels of commitment 5. Open 6 www openpublicser. vices cabinetoffice. .gov .uk data will also underpin the planned wholesale 7 www opengo. vernment or. g uk. 8 www globalintegrity. .org/blog/whats-in-OGP-action-plans 9 blog .transparency .org/2012/02/24/does-the-uk-have-a- 1 www .opengovpartnership .org corruption-problem-join-the-debate 2 www .opengovpartnership .org/countries/united-kingdom 10 www bond. or. g uk/pages/uncac-par. allel-report html. 3 digitalengagement .cabinetoffice .gov .uk/blog/2011/02/15/right-to- 11 en .wikipedia or. g/wiki/Beneficial_ownership data-and-the-protection-of-freedoms-bill 12 secrecyjurisdictions .com 4 www .legislation .gov .uk/ukpga/2012/9/section/102/enacted 13 www1 .worldbank or. g/finance/star_site/documents/Puppet%20 5 www .datapolicy .org .uk/policy-references Masters%20Report .pdf

UNITED KINGDOM / 221 place in overall ranking – but 110 from the British individuals, and even governments – cannot under- Virgin Islands, Jersey and Isle of Man 14. stand this world, they have no chance of influencing it, and not only will this be bad for democracy, it will OpenCorporates undermine innovation, and provide a fertile ground OpenCorporates is a company with a social mission for criminal enterprises, which increasingly use cor- founded in November 2010 by Chris Taggart15 and porate legal entities in their illegal activities . Rob Mckinnon,16 who is no longer involved although he remains a minority shareholder . OpenCorporates The data is part of a very strong UK civic hacker movement, The OpenCorporates database is licensed under with organisations such as MySociety17 and the the Open Database License (ODbL) .23 This requires Open Knowledge Foundation,18 which are very ac- users to name OpenCorporates as the source, and tive and increasingly influential . There are also it also means that any derivatives have to also be numerous projects involving small and medium- openly available under similar conditions . The data- sized enterprises (SMEs) and open data19 in the UK . base only covers the structuring of the information Chris and Rob were trying to track public con- and unique identifiers, but any related information tracts and subsidies in local government 20. They remains the copyright of the provider . This in most struggled to match transactions to specific compa- cases will be a governmental agency such as the na- nies because a name in a public document often did tional business register . In the UK this is Companies not match the name of any legal entity . Because of House . this they set out to build a system to uniquely iden- Companies House currently provides a free bulk tify each company: “The idea was to have an openly download of basic company information – registra- licensed database for every legal entity in the world tion number and address – but sells other expensive (when we launched we had 3 .5 million, from the UK, bulk data products . For example, keeping up to date Bermuda and Jersey) ”. with company appointments costs £28,000 per They started using the public data feed21 of the year, and the annual accounts £17,000 .24 In addi- UK business register, Companies House . In other tion, it is now starting to collect information about places they had to “scrape”22 websites, which company financials as data, avoiding the difficulties means copying and structuring the key information and costs of extracting it from scanned images . But to rebuild the original database behind the website . these new datasets will not be published until 2015, Increasingly, however, they are collaborating with and then probably not for free and under an open governments that see the value of opening this kind licence . of information, including New Zealand and Norway . There is still a lot of basic data missing, and not OpenCorporates works to an ever greater extent just from secrecy jurisdictions . OpenCorporates has internationally, including with the international Fi- published a study25 showing the shortcomings on nancial Stability Board and the World Bank . Many access to company data in countries that are mem- government departments now realise that they do bers of the OGP, with an average score of a paltry 21 not have the resources for such gigantic data en- out of 100 . deavours and increasingly turn to the community OpenCorporates is part of an effort to reduce for help . Local groups in places like Georgia help systemic risks in financial markets created when OpenCorporates open the data in their jurisdiction . dealing with the same organisations under different This international dimension – OpenCorporates guises . The international Financial Stability Board26 now covers 50 jurisdictions – is very important for and the G20 are working towards “a global Legal En- the project . The corporate world is increasingly glo- tity Identifier (LEI) system that will uniquely identify bal and powerful, at times beyond the scope and parties to financial transactions .” OpenCorporates reach of any individual democratic jurisdiction . If sits on the advisory panel . the people – meaning civil society, innovative SMEs, OpenCorporates is also moving in the direction of other open databases, such as OpenStreetMap,27 14 Ibid ., p . 121 . that are increasingly comprehensive and widely 15 twitter .com/countculture used as backends to other projects . For example, 16 twitter .com/delineator 17 www mysociety. .org 23 opendatacommons .org/licenses/odbl 18 www okfn. .org 24 www companieshouse. .gov .uk/toolsToHelp/ourPrices .shtml 19 data .gov .uk/blog/open-data-case-studies 25 blog .opencorporates .com/2012/04/16/how-open-is-company- 20 openlylocal .com data-in-open-government-partnership-countries 21 xmlgw .companieshouse .gov .uk/iface .shtml 26 www financialstabilityboar. d .org/publications/r_120608 pdf. 22 scraperwiki .com 27 www openstr. eetmap .org

222 / Global Information Society Watch OpenSpending28 is a project for budgetary control Money laundering that provides tools to track public transactions and The report Grave Secrecy33 reveals evidence that relies on OpenCorporates . numerous UK companies have been involved in a Beneficial ownership major money laundering scandal involving a Kyr- gyzstan bank . Civil groups demand urgent action The capacity to identify specific companies and to address the current ease with which the UK and their relationships is critical not just for journalists, other major economies are used to launder the pro- campaigners and NGOs . Tax offices and people ceeds of corruption, tax evasion and other crimes . working in international financial governance also struggle with these issues . Tax Research found29 The tax gap that in its corporate reporting, BP suggested that it The crisis has opened the debate in the UK about had more than 3,000 subsidiary companies around the ethics of finding legal ways to pay lower taxes, the world . UK companies are required to publish with a famous comedian and members of the pop all relevant information about their subsidiaries band Take That being publicly criticised 34. but only 33 of the FTSE 100 do it . Tax Research also Official figures put the tax gap, which includes found that 97% of EU companies in their sample legal tax avoidance and illegal tax evasion, at £35 had subsidiaries in secrecy jurisdictions . Only 10% billion in 2010 . Tax Research, however, calculates of these so-called “tax havens” have public ac- that the tax gap in the UK could be £120 billion 35. counting information . This is almost the total amount of the national The ultimate aim for many, however, is to know deficit . who the real people pulling the strings behind the companies are . This is called beneficial owner‑ Corporate reporting ship, and it is different from legal ownership . Many In order to close tax gaps and increase corporate ac- companies are part of a web of entities that legally countability, Tax Research proposes that companies belong to frontmen who have no real control and should present their accounts in a format called who are paid to shield the real owners . country-by-country reporting 36. All it demands is This is such a serious obstacle to corporate ac- that multinational corporations publish a profit countability that organisations representing over and loss account and limited balance sheet and 1,000 civil society groups have recently called on the cash flow information for almost every jurisdiction 30 EU to force companies to reveal their true ownership . in which they trade as part of their annual financial Accountability in mixed delivery statements . This principle has been advocated in particular of public services in the extractive industries sector, after pressure The UK government plans to open public service from the global NGO coalition Publish What You delivery to “any qualified provider” –whether pub- Pay 37. But it would equally apply to any internation- lic, commercial or non-profit – risk reducing public al business . accountability . The Public Accounts Committee of Campaigning groups are increasingly looking at the UK Parliament has recently raised concerns: “If the structure and financial arrangements of compa- transparency is to be meaningful and comprehen- nies . Kumi Naidoo, the head of Greenpeace, recently sive, private organisations providing public services highlighted the need for corporate transparency . under contract must make available all relevant The environmental group will now be focusing on public information .”31 the financial enablers behind brand names,38 in- The most basic information would be their cor- cluding pension funds . porate structure . Corporate Watch UK has found that five of the major private health care compa- nies taking on public roles with the National Health Service make widespread use of tax havens 32.

28 openspending .org 33 www .globalwitness .org/library/grave-secrecy 29 www .taxresearch .org .uk/Blog/2007/02/05/closing-the- 34 www .independent co. .uk/news/uk/home-news/take-that-on- floodgates-new-tax-justice-network-report taxmans-hit-list-after-jimmy-carr-tweets-im-so-sorry-7873606 html. 30 www .globalwitness .org/library/organisations-representing-over- 35 www .taxresearch .org .uk/Blog/category/tax-gap/ 1000-civil-society-groups-call-eu-force-companies-reveal 36 www .financialtaskforce .org/issues/country-by-country-reporting 31 www .publications .parliament .uk/pa/cm201213/cmselect/ 37 www .publishwhatyoupay .org cmpubacc/102/10204 .htm 38 www .guardian .co .uk/sustainable-business/rio-20-greenpeace- 32 www .corporatewatch .org/?lid=4251 war-finance-sector?newsfeed=true

UNITED KINGDOM / 223 Conclusions Action steps As we have seen, corporate accountability is critical Civil society organisations could do the following: for society . Business registers and regulators carry • If their country is not in the OGP, contact the out statutory collection of data, but for this data international civil society steering group for fur- to be socially useful it needs to be open . Charging ther information 39. means that only businesses with deep pockets can scrutinise what other businesses are doing . Besides • If your country is a member of the OGP, campaign increasing access to existing information, there is for corporate accountability to be included in also a need for new statutory obligations on compa- your country’s plan of action . The following are nies, in particular around beneficial ownership and the main asks: country-by-country reporting .  Open data access to the national business At present, transparency, access to information register and open data are still perceived as belonging to  Beneficial wnership o information to be the specialists in these fields . One of the aims of published this report is to show that openness is important for  Country-by-country reporting by corporations . many groups that may not see it as a core activity or concern . • Contact OpenCorporates to see if they need The OGP presents an opportunity for these is- help with access to your national business data­ sues to be advanced and mainstreamed to a wider base . You could offer translation or local legal constituency . The OGP will have its next internation- expertise . al meeting in London in 2013 and OpenCorporates is • Build capacity for data handling . Good starting heavily involved in the UK civil society coalition that points are the Open Data Handbook40 and the is engaging with government . Data Journalism Handbook,41 which can be use- Civil society and campaigning organisations ful to many types of users, not just journalists . are increasing their proficiency in data handling There is also a very interesting new project in to be able to understand and influence this infor- development called the School of Data 42. mation-saturated environment . Projects such as OpenCorporates and OpenStreetMap provide the • If you have a specific technological need when underlying data needed to map and structure new it comes to data handling, you can source some research or insights . These groups are part of an funds and get some socially conscious program- ever more important web of open data . However, mers to help . You should not see this as pure organisations wishing to make use of contempo- free labour, as developers need to eat and pay 43 rary digital technologies to the full will need to their bills . The organisation Rewired State has acquire capacity to deal with increasing amounts developed a very successful model of multi- of data . This could mean hiring or training new staff stakeholder collaboration that will be very useful and obtaining specialist software, but it could also for those groups working with government . n mean working in partnership with groups such as the Open Knowledge Foundation that can provide such expertise .

39 www .opengovpartnership .org/civil-society 40 opendatahandbook .org 41 datajournalismhandbook .org 42 schoolofdata or. g 43 rewiredstate .org

224 / Global Information Society Watch United states Transparency in Obama’s first term: From promise to failure

Freedom of Information Act Electronic Frontier Foundation Trevor Timm Almost immediately, it emerged that Obama’s www eff. .org policies would not live up to his promises . When a federal court ruled the government must release photos of torture at Abu Ghraib, the administration Government transparency activists were heartened pushed Congress7 to pass a law adding another in January 2009 when President Barack Obama, exception to FOIA to keep the photos secret . In an- on his first day in office, promised to overhaul other case testing the administration’s commitment the bloated and broken secrecy system that had to transparency, Obama’s Justice Department con- engulfed the United States’ sprawling national se- tinued a George W . Bush policy of arguing in court curity apparatus and virtually all aspects of foreign that White House visitor logs were not subject to policy for more than a decade – what the Washing- FOIA, after previously saying they were . 1 ton Post has called “Top Secret America” . A year into Obama’s term, the Associated Press The process by which Obama’s White House found that the administration was receiving less would become “the most transparent administra- FOIA requests than Bush did in his final year, yet us- tion in history”, as he put it, would be multipronged: ing more FOIA exemptions . Around the same time 2 he wrote a memo promising to streamline the Free- the National Security Archive found8 “less than one- dom of Information Act (FOIA) system, where FOIA third of the 90 federal agencies that process such requests would be answered expediently and the FOIA requests have made significant changes in government would “adopt a presumption in favor” their procedures .” of requests . Attorney General Eric Holder followed Two years in, improvements were scant . In 2011, this pronouncement up with a longer memo to all Citizens for Responsibility and Ethics in Washing- 3 government agencies in March of 2009, which ton (CREW) found the administration9 was still mandated all agencies to comply with the overhaul withholding information, using nine of the most post-haste and implement Obama’s stated reforms . common exemptions, at a 33% higher rate than President Obama then wrote guidelines on the Bush’s last full year in office – and the backlog of 4 classification system, saying he would push for FOIA requests10 continued to grow . Only 49 of the a host of reforms to reduce government secrets, 9011 federal agencies had followed any “specific perhaps even restoring the policy of “presumption tasks mandated by the White House to improve against classification” . In addition, as a presiden- their FOIA performance .” 5 tial candidate Obama had previously promised to While some in charge were intent on providing stop using the “state secrets” privilege to shield the paths to transparency, the bureaucratic system itself government from accountability in court and protect seemed too massive to fix . Beth Noveck, Obama’s 6 government whistleblowers if they revealed acts of first deputy technology officer who was in charge of wrongdoing to the press . implementing the open government initiative, said Unfortunately, in the months and years that journalists should just skip12 the “burdensome and followed, the Obama administration has taken the egregious” process altogether, and email the open complete opposite route, not only refusing to imple- government advocate at the desired agency for bet- ment the reforms promised by the president during ter results . his first days in office, but increasing government secrecy through the courts . 7 www politico. co. m/blogs/joshgerstein/1011/Obama_administration_ appeals_ruling_on_White_House_visitor_logs ht. ml 1 projects .washingtonpost .com/top-secret-america 8 articles latimes. .com/2010/mar/21/nation/la-na-ticket21- 2 www wh. itehouse go. v/the_press_office/Freedom_of_Information_Act 2010mar21 3 www .justice .gov/opa/pr/2009/March/09-ag-253 .html 9 www feder. altimes com/ar. ticle/20111215/AGENCY04/112150302 4 www wh. itehouse go. v/the-press-office/presidential-memorandum- 10 www gwu. edu/%7Ensar. chiv/NSAEBB/NSAEBB349/index htm. classified-information-and-controlled-unclassified-informat 11 www gwu. edu/%7Ensar. chiv/NSAEBB/NSAEBB338/index htm. 5 www .salon .com/2009/02/10/obama_88 12 www nextgo. v com/technology-news/201. 0/11/bypass-foia-and- 6 abcnews .go .com/Blotter/story?id=8241580&page=1 seek-data-from-agencies-says-obama-official/47969

UNITED STATES / 225 The reviews from transparency advocates, by Classification 2012, had become scathing . “Obama is the sixth The main reason the FOIA system has not func- administration that’s been in office since I’ve been tioned properly in recent years is the overwhelming doing Freedom of Information Act work . (…) It’s kind secrecy practiced by the US government . Simply of shocking to me to say this, but of the six, this ad- put, classification is rampant and out of control . The ministration is the worst on FOIA issues . The worst . government classified a whopping 77 million docu- There’s just no question about it,” Katherine Meyer, ments21 in 2010, a 40% increase on the year before . a Washington lawyer who had been filing FOIA cas- For comparison, the government classified six mil- 13 es since 1978, told Politico . lion in 1991, when Senator Daniel Moynihan led a While many agencies attempted to redesign Congressional commission that found that over- their websites, and FOIA .gov was revamped to bet- classification was already an epidemic . ter track requests, there was barely an agency that Some in government are trying to alleviate had not received major complaints . The CIA, the the problem . The National Archives has struggled State Department,14 and the Department of Home- mightily to reach its declassification goals by 2013 land Security15 have frustrated reporters looking but is dealing with a backlog of over 400 million for even basic information . Even agencies dealing documents,22 some dating back to World War I . The with health and scientific issues like the EPA and National Archives, underfunded and understaffed, NASA16 have not complied as promised . In a clas- has virtually no chance it will reach its goal . Un- sic case, the Transportation Security Administration fortunately, in the face of this secrecy problem, the (TSA), which was put in charge of airport security government has just gotten more secretive . Instead after 9/11, recently returned a FOIA request17 to Pro of spending money to declassify, in 2011, the gov- Publica four years after it was filed, along with an ernment increased its budget for secrecy23 by USD apology . 1 .2 billion dollars . All told the government spends The worst transgressor has been the Justice USD 11 .36 billion dollars to keep things classified, Department (DOJ), which has been the defendant more than doubling spending on keeping govern- in 30% of FOIA lawsuits18 during Obama’s term, ment secrets since 9/11 24. despite only receiving 10% of the requests . The Na- We know the classification system has no rhyme tional Security Archives, a non-profit civil society or reason to it . Besides the embarrassing, corrupt or group, gave the Justice Department its “Rosemary criminal information that is shielded, examples crop Award”19 – named after Richard Nixon’s secretary up that border on the farcical . For example, when a who deleted the infamous eight and a half min- redacted and unredacted version of a book are put utes missing from the Watergate tapes – for worst side to side, we see the government censoring mun- government performance . Among its transgres- dane information that had been public for years .25 Or sions: arguing before the Supreme Court against when the government was shown to have classified a presumption of openness and a narrowing of the an analogy26 to the Wizard of Oz in a court decision “deliberative process” exemption to FOIA – the ex- about Guantanamo . Or when the National Security emption Obama specifically mentioned in his initial Agency (NSA) declassified a 200-year-old report27 memo as being out of control – and proposing that as proof of its “commitment to meeting the require- the Justice Department’s FOIA rules should change ments” of President Obama’s transparency agenda . so that they could tell journalists they do not have This is why when the American Civil Liberties Un- documents, when they do . Thankfully, after a public ion (ACLU), a non-profit organization committed to uproar – the Los Angeles Times called20 it “a license increasing government transparency, compared re- to lie” – it was not implemented . dacted State Department cables to the WikiLeaks

13 www politico. .com/news/stories/0312/73606 .html 21 www nytimes. com/2011/08/25/opinion/why-is-that-a-secr. et . 14 www iwatchnews. .org/2011/07/06/5123/state-department-foia- html?_r=1 requests-unanswered-four-long-years-later 22 www washingtonpost. com/national/national-security/national-. 15 www politico. .com/news/stories/0311/52033 .html archives-needs-to-declassify-a-backlog-of-nearly-400-million- 16 www cjr. .org/feature/transparency_watch_a_closed_door . pages/2011/11/29/gIQAMAYmPO_story .html php?page=all&print=true 23 www fas. or. g/blog/secrecy 17 www pr. opublica .org/article/tsa-reveals-passenger-complaints- 24 www nytimes. com/201. 2/07/03/us/politics/cost-to-protect-us- four-years-later secrets-doubles-in-decade-to-11-billion .html 18 foiaproject .org/2012/05/24/new-data-confirm-dojs-subpar-foia- 25 www fas. or. g/blog/secrecy/2010/09/behind_the_censor html. performance 26 www emptywheel. .net/2012/04/30/janice-rogers-brown-sings- 19 www gwu. .edu/~nsarchiv/news/20120214/index .htm follow-the-yellow-brick-road-as-she-guts-habeas 20 articles .latimes .com/2011/oct/31/opinion/la-ed-secrets-20111031 27 www fas. or. g/blog/secrecy/2011/06/nsa_200_years html.

226 / Global Information Society Watch versions,28 they said it showed “the absurdity of the As The New York Times explained32 in “A High secrecy system ”. Tech War on Leaks”, in the past, physical communi- But no anecdote sums up the whole situation cations were harder to intercept . In addition, if the better than William Leonard, who was the former di- government wanted to go after a source, it often rector of the Information Security Oversight Office29 had to subpoena a reporter for his or her sources, under President Bush . Known as the classification which often results in costly legal fights, as in most czar, Leonard once had control of the nation’s classi- federal courts reporters have a privilege allowing fication system and became so incensed with how it them not to testify . worked after he left office, he sued the NSA to have Now emails leave an electronic paper trail, and them declassify documents he said were classified online communications generally have weaker Fourth in violation of national policy . He was recently re- Amendment protections than physical letters or buffed by a court, after fighting for over a year . They phone calls . The government claims it does not need a told him to go file30 a Freedom of Information Act warrant for “metadata” – the people you talk to, when request – which he had done over a year prior . you talk to them, and how frequently – and they can paint a startling picture of one’s life . As an unnamed Leakers and state secrets official remarked after saying33 the government no The most visible stain on Obama’s transparency longer needed to subpoena reporters to testify, “We record has been its prosecution of whistleblowers don’t need to ask who you’re talking to . We know ”. or leakers to the press under the Espionage Act . The cases of Thomas Drake and John Kirakou And all told, there are six people who were charged are particularly disconcerting . Thomas Drake was or are currently facing charges under the Espionage an NSA official who blew the whistle34 on the NSA’s Act, all of whom were allegedly talking to the press warrantless wiretapping program . He only went to in the interest of the public good . That is double the the press after bringing his complaints to superi- number of leak prosecutions carried out by all other ors, the Inspector General, and Congress . He was administrations combined. described as “exactly the type of whistleblower When a government increases classification to Obama promised to protect,” yet was charged un- the absurd, ignores or impedes legitimate Freedom der the Espionage Act and faced years in prison . In of Information Act requests, and uses secrecy as a the end, his case fell apart35 after public outcry and shield from liability in court, often the only way for he would serve no jail time . information to get out is through leaks . A similar situation is now occurring in the case But Obama’s unprecedented prosecutions of former CIA analyst John Kirakou . In 2007, during have had a chilling effect on transparency and the an interview with ABC News, he became the first of- public’s right to know, especially in a time where ficial36 to describe waterboarding as “torture” and everything is secret and the government fights allegedly named two of the CIA officers involved . tooth and nail in court to keep in that way . The New Now he finds himself facing years in prison under York Times reported that the latest round of FBI the Espionage Act . leak investigations was “casting a distinct chill over Unfortunately, the perpetrators of Bush-era press coverage of national security issues” and that crimes, some of which Drake and Kirakou exposed, “some government officials (…) say Americans are face no such worry . The Obama administration learning less about their government’s actions .”31 steadfastly refused to bring criminal charges for Unfortunately, technology has turned into a tool warrantless wiretapping and torture, and perhaps for the government to crack down on leakers . The worse, has been using secrecy as a shield to pre- proliferation of online and electronic communica- vent any civil accountability for both . tion that makes it easier for journalists to connect with government officials has also made it easier for the government to criminalize those relationships .

32 www .nytimes com/201. 2/02/12/sunday-review/a-high-tech-war- on-leaks html?pagewanted=all. 33 www .nytimes com/201. 2/02/12/sunday-review/a-high-tech-war- 28 www .aclu .org/wikileaks-diplomatic-cables-foia-documents on-leaks html?pagewanted=all. 29 www .archives .gov/isoo/about/index .html 34 www .thenation .com/article/161376/government-case-against- 30 www .fas .org/blog/secrecy/2012/07/nsa_leonard_foia .html whistleblower-thomas-drake-collapses 31 www .nytimes .com/2012/08/02/us/national- 35 www .thenation .com/article/161376/government-case-against- security-leaks-lead-to-fbi-hunt-and-news-chill . whistleblower-thomas-drake-collapses html?_r=1&nl=todaysheadlines&emc=edit_ 36 www .huffingtonpost com/201. 2/07/03/squelching-secrets-why- th_20120802&pagewanted=all is_n_1628547 .html

UNITED STATES / 227 In a myriad of lawsuits filed by the ACLU,37 the WikiLeaks, which has published hundreds of Center for Constitutional Rights38 and the Electronic thousands of leaked classified documents from the Frontier Foundation39 (for whom I work), the admin- Afghanistan and Iraq wars, along with US State De- istration has invoked the “state secrets” privilege, partment cables, is under grand jury investigation for a controversial legal maneuver with which the gov- conspiracy to commit espionage . And while the gov- ernment claims that even if all the allegations are ernment may see WikiLeaks as wholly different from true, lawsuits still should be dismissed entirely a mainstream media organization, the law does not . because they could harm national security . Even If WikiLeaks is convicted under the theory the govern- worse, these lawsuits are based on hundreds of ment has presented to the press – WikiLeaks talked to pages of already public evidence and the plaintiffs a source who gave it classified documents to publish are not demanding the government turn over any – then no media organization would be safe . classified information . The next time The New York Times has a story The Obama administration also continued the that is of vital public interest, but also happens to Bush practice of invoking the “state secrets” privi- be stamped “Top Secret” – like its 2005 investiga- lege in court over torture lawsuits as well . After tion into warrantless wiretapping or the Washington Bush had two lawsuits by innocent people alleging Post’s 2005 story on CIA torture prisons – the gov- to be tortured dismissed via “state secrets”, Obama ernment could prosecute the newspaper under the invoked the privilege40 in a third case known as Mo‑ same theory . Just the threat could keep newspapers hamed v. Jeppesen . Despite hundreds of documents from publishing a story, which, in earlier times, may in the public record – some of which were govern- have won the Pulitzer Prize . ment investigations by allies – the administration With classification out of control and the Free- successfully avoided having the case litigated by dom of Information Act process slowing to a halt, throwing up a wall of secrecy . leaks and the publication of so-called “secrets” To this date, no government official has been can sometimes be the public’s only chance to know held accountable for warrantless wiretapping or what its government is up to . Now that both the torture . leakers and the publishers face legal threats, the consequences could be devastating . WikiLeaks Action steps While his policy on whistleblowers and state se- crets has been a dark mark on his presidency, • Call Congress and implore them not to imple- another argument Obama’s Justice Department is ment any more anti-leak measures through contemplating has the potential to forever alter legislation, as they are currently contemplating . press freedom and transparency in the US . While • Demand that President Obama implement the the government has punished leakers in its ranks, original promises he made in 2009 on reforming the publishing of such information once it is in the the classification and FOIA systems . hands of private citizens and the press has tra- ditionally been an activity protected by the First • Encourage constituents to ask candidates for Amendment . For that reason, the government’s office in the November 2012 elections about potential prosecution of media organization their views on transparency . With a court system WikiLeaks is the most dangerous policy choice tilting towards secrecy, accountability towards towards secrecy the Obama administration has office holders provides the most effective op- undertaken . tion in stemming the tide of secrecy . n

37 www aclu. .org/national-security/amnesty-et-al-v-clapper 38 ccrjustice .org/newsroom/press-releases/ccr-appeals-warrantless- wiretapping-ruling 39 www eff. .org/cases/jewel 40 www aclu. .org/national-security/mohamed-et-al-v-jeppesen- dataplan-inc

228 / Global Information Society Watch Uruguay ICTnds a transparency in political decision making

To this end, Law 18 .381, dealing with the right ObservaTIC Alexander Castleton and Maria Julia Morales to access public information, was promulgated www .observatic edu. .uy on 17 October 2008 . This law aims to promote the transparency of the administrative functions of Introduction government entities and to guarantee the right to public information . It gives the right to any person Uruguay is immersed in the process of digitising its to seek information without the need to provide media . The so-called “analogue blackout” is expected reasons . For this purpose the Agency for Access to to take place in 2015 . In this context, at the beginning Public Information was created . of 2010 a Law on Audiovisual Communication Services (with the Spanish acronym of LSCA) was developed . Using the internet for public participation Among other things, the law aimed to change the The allocation and control of the frequencies to be process by which frequencies are allocated . awarded are issues to take into serious considera- The last decades have left a legacy of political tion given the potential of this to impact on human practices that have ignored how broadcast frequen- rights generally . cies were allocated, a situation that promoted political Because of this, 2010 saw the start of an open favouritism and consequently undermined the trans- public consultation on the LSCA . The National Tel- parency of the process . Until the Decree on Terrestrial ecommunications Office (DINATEL) was in charge of Digital Television 585/2012 was approved in May 2012, handling the issue, and it decided to form a Con- the legal framework was the same as the one in place sultative Technical Council (CTC) which included under the country’s dictatorship (1973-1985) . different actors from civil society, the private sector In this report we present and analyse the public and universities, among others 2. consultations that took place before the develop- At the same time it used the internet to start ment of the LSCA and the approval of the Decree a public debate, while also calling for input into on Terrestrial Digital Television, which were both the legislation . The proposals offered by citizens carried out in a new way: using the internet . This through this process fed into the CTC deliberations . entailed a new approach to citizen participation in The discussion phase for the CTC members was or- a process of political decision making that fosters ganised into weekly sessions during the second half transparency, democratisation and accountability . of 2010 . Once this was completed, the CTC produced Policy and political background a report which described what it thought should be included in the LSCA . After its task was completed, Since leftist governments have come to power in the CTC was dissolved . Uruguay, a shift in public policy has taken place . The report drafted by the CTC reached the au- For instance, government offices were created to thorities and an 18-month stalemate followed, improve social inclusion in the information society . during which it was uncertain if the LSCA would be On 19 December 2005, Law 17 .930, Article 72 created . In the end, the LSCA never came to pass . called for the establishment of the Agency for the In a second phase, the Office of the President Development of Electronic Government and the developed a draft of the Decree on Terrestrial Dig- Information and Knowledge Society (AGESIC) . ital Television which was made public through the The institution’s structure and plan of action were Ministry of Industry, Energy and Mining’s website so geared to the improvement of public services us- that citizens might discuss it openly . ing ICTs . Its principal lines of action are related to What was the result of these initiatives? How the creation and implementation of laws and the were they appropriated by the public? creation of a guide of good practices for the state’s These questions arise in a political context where e‑government strategy .1 e‑government and, consequently, e‑governance is being pursued (for instance, with the creation of 1 Asociación por los Derechos Civiles and Open Society Institute (2008) El precio del silencio: Abuso de publicidad oficial y otras formas de censura en América Latina; Lanza, E . and Gómez, G . (2009) Libertad de 2 Radakovich, R . et al . (2012) Mapping Digital Media: Informe de expresión y publicidad oficial, Grupo Medios y Sociedad, Montevideo . Uruguay, Universidad de la República, Montevideo .

URUGUAY / 229 AGESIC as the main agency towards this end) . Liter- all, the relationship between government and the ature on the subject often states that e‑government people is enhanced . increases trust in government, and makes politics The opportunity for the transparent allocation of more generally accessible and decisions more ac- frequencies, with the internet as a tool in the proc- countable . It is important to point out that Uruguay ess, has the political support of those who promote has been ranked among the most transparent and public discussion on the matter . Both instances least corrupt countries in the Americas,3 making it involving citizens in the drafting of laws are clear ex- a suitable environment for generating the kind of amples of a new form of participation and therefore transparency that e‑government implies .4 In this of empowerment . There is a shift in focus as people regard there have been several concrete attempts change their role of being mere mediated listeners to deepen e‑government in Uruguay, including of resolutions to influencing decisions . the transmission of parliamentary sessions on However, another possible consequence of the internet with the idea of making the activities these sorts of processes to bear in mind is that, of legislators more accountable, transparent and as Lenihan10 argues, the democratisation brought democratic . about by ICTs has the possibility of “over-empow- The public consultations that took place ering” sections of the public; a situation that sees through the two websites – the first one via the CTC large groups or communities on the web overshad- and the second through the Ministry of Industry, owing other groups or elected representatives Energy and Mining – are hallmarks of the process themselves . of developing e‑governance . In particular, they en- According to engineering expert Carlos Petrella, tail participation, allowing citizens to become more the internet as a tool in itself does not promote in- knowledgeable, promoting interaction and making telligent use of the tool, and as Professor Ana Laura political practice more transparent 5. All these fac- Rivoir from Universidad de la República states, the tors undermine opportunities for corruption as the appropriation of ICTs by the citizenry is needed to public has access to the process of developing leg- really harness the opportunities they offer .11 These islation . Public access to events allows individuals changes correspond to cultural processes and to serve as watchmen .6 therefore are not merely technological considera- Contemporary sociological theory states that tions . As has been argued, intermediaries might be ICTs increase the opportunities for surveillance, as needed to analyse the information presented to citi- described by sociologist David Lyon 7. In the events zens . This could be true as the participation in the discussed, the internet opened the development of public consultations discussed was not as exten- the LSCA up to public scrutiny and created proper sive as desired for such an important matter . Only weapons for people to fight corruption, denounce it groups concerned with the media participated . Oth- when it takes place, and prevent it . It also increases er groups from civil society seemed unable to see institutional-based trust, understood as the trans- the internet as an important tool to be included in parency produced by sharing information online 8. the media agenda . It enacts what Ndou9 argues to be a good way for citizens to participate in making decisions, propose Conclusions ideas through public forums and communities, and This discussion on the development of the LSCA in- bring their knowledge into the public realm . All in tends to show a new approach to political practice . We see that the tools offered by ICTs are starting to 3 cpi .transparency .org/cpi2011/results be considered relevant in relation to political par- 4 Sour-Vargas, L . (2007) Evaluando al gobierno electrónico: avances ticipation; but, most importantly, they reveal their en la transparencia de las finanzas públicas estatales, Economía, Sociedad y Territorio, VI (23), p . 613-654 . potential as weapons to fight corruption and to 5 Tolbert, C . and Mossberger, K . (2006) The Effects of E-Government make political decision making more transparent . on Trust and Confidence in Government, Public Administration The legislative framework for the process of Review, May/June . frequency allocation is developed in an open space 6 Bertot et al . (2010) Using ICTs to create a culture of transparency: E-government and social media as openness and anti-corruption where citizens are invited to participate . They have tools for societies, Government Information Quarterly, 27(3) . the possibility of watching the whole process and of 7 Lyon, D . (2007) Surveillance, Power and Everyday Life: A chapter tracing the decisions that are made . of the Oxford Handbook for Information and Communication Technologies . www .sscqueens .org/sites/default/files/oxford_ handbook .pdf 10 Lenihan, D . (2002) E-Government, Federalism and Democracy: 8 Tolbert, C . and Mossberger, K . (2006) op .cit . The New Governance, Centre for Collaborative Government . 9 Ndou, V . (2004) E-government for Developing Countries: 11 Ayala, A . (ed ). (2011) Políticas de uso de herramientas web 2.0 Opportunities and Changes, Department of Business en la administración pública de América Latina: Informe de Administration, University of Shkoder, Albania . Investigación, CIESPAL, Quito .

230 / Global Information Society Watch The importance of this is that political favour- • Political will is needed to increase participation itism is being counteracted . Literature on the and to make individuals not just passive receiv- subject states that the internet as the foundation ers of decisions but also participants in debates . for e‑government increases the possibilities of Citizens could demand participation through anti-corruption measures, increasing transparency, channels that enable fluid communication – and democratisation and accountability . These are the the internet is an excellent mechanism for this . steps that are being taken in Uruguay . These are • The formation of forums before policies are encouraged by the fact that this has been a country adopted could be a good way to obtain input with low corruption rates . At the same time there is and feedback from stakeholders, strengthen- the political will to produce positive changes . This is ing the development of policies during the a fertile context to develop e‑government relation- decision-making process, and not trying to do ships with the citizens, and therefore transparency that afterwards . The internet is a channel that in public management . should be promoted for this purpose . Action steps • It is necessary to encourage people to develop skills in cooperation, to strengthen their voices • Help establish processes of public debate and as critical agents, to be proactive, and to appro- consultation using the internet when develop- priate new technologies . n ing policy and legislation . The internet is a tool that, used in the correct way, enhances the op- portunity for accountability and transparency .

URUGUAY / 231 Vanuatu An work i progress: access to the internet in Vanuatu

thousands of US dollars per megabit for uncontend- Dan McGarry ed – i e. . internet service provider (ISP)-grade – traffic . The result for consumers is internet connection fees Introduction that are an order of magnitude greater than one The internet, and particularly its role in combating might see in developed markets . censorship and encouraging public awareness and Likewise, environmental factors make the opera- engagement, is still very much a work in progress in tion of communications networks uniquely difficult . Vanuatu . While for many countries the challenge is Vanuatu’s geographical location means that it ex- how best to leverage the internet as a tool for social periences hurricanes annually, as well as frequent justice, the primary challenge for Vanuatu is simply earthquakes, three of which measured in excess of to ensure access to information technology of any seven on the Richter scale in the last two years . kind . That said, internet and related technologies Notwithstanding these hurdles, a simplified have already begun to make their influence felt in a licensing process has led to the establishment of number of meaningful ways . numerous retail ISPs . Prices remain high, but they With a tiny population of barely 250,000 peo- have fallen drastically since 2008 . Both Telecom ple dispersed across a 1,000-km-long archipelago Vanuatu Ltd . (TVL)4 and Digicel Vanuatu5 (Vanuatu’s of mountainous volcanic islands, Vanuatu1 faces two telephone carriers) now offer 2G or 3G+ servic- significant challenges in developing and maintain- es on their mobile networks . Others offer residential ing even a basic telecommunications infrastructure . Wi-Fi services at relatively competitive rates . While it lags significantly behind much of the de- Nonetheless, the internet remains out of reach veloped world, its progress compares well with for most Vanuatu residents . Computer hardware neighbouring Melanesian nations, including the and internet service prices are still too high for the Solomon Islands and Papua New Guinea . average wage earner (let alone the cash-poor ma- With the breaking of the local telecommunica- jority) . Compounding this issue, reliable electrical tions monopoly in 2008, it became clear that Vanuatu power is largely unavailable on most islands . recognised that technological development was one The mobile internet revolution therefore offers development area in which it could achieve signifi- significant promise to Vanuatu’s unconnected ma- cant social and economic benefits . Following the jority – and the prospect of ubiquitous connectivity introduction of competition into the telecommunica- via low-power, rechargeable devices is a compelling tions market, mobile penetration rates jumped from one . barely 8% of the population to well over 60% . In its Many of the recent improvements in access to elec- 2011 annual report, the Telecommunications and tronic communications are directly attributable to the Radio Communications Regulator2 states that tele- government of Vanuatu’s commitment to universal ac- coms revenues have more than doubled in the same cess . In spite of months of turbulence and changes of time period . The social effects of this radical trans- leadership in its typically fractious political landscape, formation have been tracked in a series of surveys the government has nonetheless held a largely steady conducted by the Pacific Institute of Public Policy 3. course . Its national information and communications In spite of significant improvements, internet technology (ICT) policy, which has “ICT for all” as its access outside of Vanuatu’s two main municipal cen- core principle, is currently undergoing an extensive re- tres (Port Vila, the capital and Luganville, on Espiritu view which should be completed by early 2013 . Santo island) remains effectively non-existent . The primary obstacle is cost; at present, Vanuatu relies Strategic challenges exclusively on satellite communications for internet The process of building a competitive and open mar- access, resulting in monthly bandwidth fees in the ket has not been without challenges . Both TVL and Digicel have at times contested decisions made by the

1 en .wikipedia .org/wiki/Vanuatu 2 trr vu. 4 tvl vu. 3 www .pacificpolicy .org 5 www .digicelvanuatu .com

232 / Global Information Society Watch independent regulator, and disputes have on occasion with Vanuatu’s political establishment . While Ni- risen to the political level . An attempt to suspend the Vanuatu (i .e . indigenous citizens) have flocked telecoms regulator6 by the minister of Infrastructure online as quickly as cost and access will allow, their and Public Utilities in early 2012 was followed quickly political elite is largely absent . Only one political by the transfer of authority over telecommunications party9 in the nation has its own website . to the Prime Minister’s Office (this move had been This may be changing, however . In August, in the works for some months prior to this event ). In both the prime minister and the leader of the op- assuming control over ICT development, the prime position participated in back-to-back “Face to Face” minister created the Office of the Government Chief events”10 facilitated by the Pacific Institute of Pub- Information Officer (OGCIO), responsible for policy lic Policy,11 in which members of the public asked development as well as managing the government’s questions directly to the leaders . This public meet- own e‑government network, a new backbone network ing used the newly built e‑government network to linking all government offices and provincial centres . connect all six provincial headquarters to the event, Among the OGCIO’s first priorities is the over- making it the first truly national political event in sight of a private sector-led project to establish the country’s history . Since then, more candidates a submarine fibre optic cable link between Van- and members of parliament have begun to appear uatu and neighbouring Fiji, which sits astride the in online forums . trans-Pacific Southern Cross Cable . The cost of the The enthusiasm with which Ni-Vanuatu have undertaking relative to Vanuatu’s tiny economy has embraced internet communications is best illustrat- been the cause of some contention7 concerning ed in the growth of the Yumi Toktok Stret (“Straight who will ultimately bear the burden of capitalising Talk”)12 Facebook group .13 In the course of a few it, but the government remains intent on seeing the short months its membership has risen from a few project to fruition even if, as the prime minister has hundred to over 9,600 at the time this report was stated, they need to explore a “plan B” . being prepared . This number represents the vast Both mobile telecommunications companies majority of internet users in the nation . have at times complained that the government’s Notably, Yumi Toktok Stret membership out- Universal Access Policy (UAP) – and particularly the numbers Papua New Guinea’s Sharp Talk14 Facebook requirement that they contribute a percentage of group, which was the subject of intense media net income to the UAP fund – is too heavy a bur- attention15 as the country underwent a series of par- den to bear in so small a market . Contention over liamentary and constitutional contortions during a payments to the fund led the Australian Agency for protracted political leadership fight . Such numbers International Development (AusAID), which had are reflective of a phenomenon peculiar to Vanuatu promised matching funds, to suspend its contribu- society: the ability to unite even in the face of strik- tions until the controversy could be resolved . The ing differences of opinion and belief . government intends to review the UAP in the com- The tone in this group has at times been ing months but stresses that its commitment to boisterous, sometimes downright rancorous . universal access remains unchanged . There is every Its atmosphere contrasts sharply with some of reason to believe that it is sincere in this regard . the more highly moderated (and notably, less In an interview during the preparation of this report, popular) social media groups . Commentary, es- government CIO Fred Samuel stated that the coming pecially among the Ni-Vanuatu youth, displays a years would see significant government investment in great deal of anger, impatience and disaffection putting public information online . A report8 jointly au- with Vanuatu’s political scene, which is universally thored by UNESCO, the OECD and the Internet Society regarded as fundamentally corrupt . When a photo- indicates that this is a key element in improving useful- graph was posted to the group, allegedly showing ness and reducing costs in local internet . the minister of Infrastructure and Public Utilities

A growing appetite for dialogue 9 www gr. aonmojastis .org The rate of internet use among urban dwellers is 10 www pacificpolicy. or. g/blog/2012/08/22/facing-the-nation growing significantly, and with it comes a vast – and 11 Full disclosure: The author of this report is employed by the Pacific Institute of Public Policy and participated in this Face to Face to date, largely unquenched – thirst for dialogue event . 12 www facebook. com/gr. oups/yumitoktok 6 www .dailypost .vu/content/todays-dailypost-newspaper-monday- 13 A partial list of Vanuatu-centric social media resources is 27-february-2012 maintained by the Vanuatu IT Users Society: vitus or. g vu/socializ. e 7 www .pacificpolicy .org/blog/2012/06/30/the-cuckoos-egg- 14 www facebook. com/gr. oups/Sharptalk sharing-the-communications-wealth-in-the-pacific 15 www pmc. .aut ac. .nz/articles/social-media-activism-png-plays-role- 8 www .internetsociety .org/localcontent political-upheaval

VANUATU / 233 emerging from a nightclub in the early morning entry into the online dialogue, wherein he respond- hours, shirtless and drunk, 722 comments fol- ed directly to many commentators . lowed, few of them complimentary . The relationship between Vanuatu’s print and Issues discussed include not only do- electronic media is an interesting one . Each seems mestic politics and quality of life issues, but to reinforce the other . Due to its relatively low cost numerous postings concerning Melanesian breth- and ready availability, many Vanuatu residents ren, particularly the situation in West Papua . Since continue to rely on the newspaper to provide au- independence, Vanuatu has advocated for the lib- thoritative news and information . Ni-Vanuatu, eration of West Papua from Indonesian rule . The accustomed as they are to the rapid and often issue recently threatened to become a flashpoint unreliable spread of information through the tradi- when Prime Minister Sato Kilman, having expelled tional “coconut wireless”, are sometimes slow to the Australian Federal Police in a diplomatic tiff, accept the veracity of online reportage . Vanuatu’s enlisted the support of the Indonesian govern- small but effective journalistic establishment has ment . Images and video footage of protesters managed to maintain its reputation for integrity being arrested in Port Vila for their opposition to and telling truth to power . this move generated angry online protestations of When the news of the three Indonesians’ illegal support . Photos and footage documenting politi- entry into the country (mentioned above) broke on- cal and human rights abuses in West Papua are a line and then in print, there was no formal online common feature on Yumi Toktok Stret . response from the government . The political advi- Likewise, the publication online and in print of sor who was alleged to have facilitated their entry the identities of three Indonesian “investors” who did, however, issue a warning to the Daily Post allegedly entered the country illegally with the as- newspaper that he was seeking legal counsel in sistance of the prime minister’s first political advisor preparation for a defamation case . (or PA) caused such an uproar that the prime minister If the trend continues as it has, it is likely that, was forced into a quick volte-face that led to the ex- rather than subverting the printed media, Vanuatu’s pulsion of the three on the next available flight . online social media will continue to play a comple- Members of Vanuatu’s political and power estab- mentary role . Both traditional and new media seem lishment appeared initially to have been caught off to reinforce one another, with print media provid- guard by this outpouring of concern, commentary and ing essential fact-checking and investigative work newfound political awareness . Following comments and new media providing a means of accelerating strongly critical of the Vanuatu Police Force (widely and broadening the flow of information, as well as believed to be ineffectual), members of the force “in- providing an invaluable forum in which the long- vited” several members of the public to the police neglected voices of average Ni-Vanuatu can at last station to explain their Facebook comments . These be heard . acts were of course quickly documented online . Social media are demonstrating their abil- The island village goes digital ity to accelerate the flow of news and information Vanuatu’s entry into the online world provides a throughout an already tightly knit and chatty soci- fascinating case study in the effects of traditional ety (a phenomenon known locally as the “coconut discourse and social constructs on development . wireless”) . In July, an anonymously sourced re- Marshall McLuhan’s now-clichéd image of a port emerged online, concerning alleged abuses global village was a pessimistic, almost despair- of privilege by management and senior staff of ing vision . A flickering, glowing screen replaced the the Vanuatu National Provident Fund . The website campfire at the centre of the human experience, but was subsequently taken down by its creator due those huddled around it, seeking meaning in its se- to concerns for the security and safety of those ductive gaze, were as brutish and unreflective as he involved . Discussion on the topic on Facebook imagined early man to be . was heated and voluminous,16 culminating in an McLuhan’s despairing metaphor was wrong in impromptu demonstration outside the Fund’s head- one critical regard: the people sitting around the quarters . Subsequent public meetings and media village campfire are not nearly the simpletons he reports largely refuted the initial accusations, but imagined . Dozens of case studies in Vanuatu dem- an independent audit of the Fund was nonetheless onstrate that even in a society with only the most commissioned by Minister of Finance Moana Car- rudimentary technology, people show ingenuity, casses Kalosil . Indeed, this event marked Moana’s perspicacity and intelligence . Given access to mo- bile telecommunications, they grasp the initiative, 16 www facebook. .com/groups/yumitoktok/search/?query=vnpf improving their lives in significant ways .

234 / Global Information Society Watch Vanuatu’s online coming-of-age story is, so far, Action steps a positive one . While recent developments only highlight just how far it has yet to go, the benefits • Vanuatu’s primary challenge remains achieving are nonetheless noticeable and significant . Most even a modicum of access for the majority of the important of all is the fact that Vanuatu society has largely rural population . This will be a core com- managed to maintain some of its most salutary ponent of the upcoming national ICT policy . characteristics while coping with what for many is a • Development of infrastructure and information leap straight from a world without automation into management plans to embrace and enhance the information age . the Chinese-funded e‑government network are But communalist societies can sometimes already underway . The first fruits of this effort indulge in collective behaviour considered unac- have already begun to appear . ceptable in Western societies . Respect for privacy • Steps taken to protect the integrity of the inde- and individual rights are often secondary consid- pendent regulator and to elevate the role of the erations . During the Vanuatu National Provident government chief information officer have allowed imbroglio, private pictures of the Fund manager them to prioritise universal access to the internet were posted online and at least one literally incen- and to tackle issues related to open government diary graphic appeared: a Photoshopped image of and improved public dialogue . These include the Fund headquarters in flames . A small but sig- initiatives related to local content best practices, nificant minority of commenters openly advocated improved management of the vu. top-level domain an attack on the building itself . The overwhelming as a public resource, and community-led advocacy majority, however, strongly advocated adherence to concerning public dialogue online . n the rule of law .

VANUATU / 235 Venezuela PDVAL food spoilage: The need for an efficient e-government programme to promote transparency and accountability

and 325, provides for the right of all people to ac- EsLaRed Sandra L . Benítez and Lourdes González-Pietrosemoli cess public information . www eslar. ed .org v. e Of utmost importance to the PDVAL case are the Law Against Corruption,5 the Law on Admin- 6 Introduction istrative Procedures, the Law on Administrative Procedures Simplification7 and the Organic Law This report analyses the Venezuelan government’s on Public Administration .8 These laws, which are public policies regarding e‑government and the im- in force, consider transparency a leading principle plementation of tools that facilitate access to public and establish the use of new technologies for pub- information through the internet . This is a way to lic administration and relationships with citizens . In increase efficiency in the management of state fact, they urge governmental agencies to develop enterprises, improve services and provide more portals and websites containing relevant informa- transparent accountability that will enable citizens tion for citizens and to promote e‑government as a to exercise their right to democratic participation way to achieve transparency in the management of and to combat corruption . It specifically examines information . 1 the case of the state food company PDVAL, which At present, the E-Government Act9 approved by in recent years has allegedly committed corruption the National Assembly10 in 2011 dictates the guide- that shocked the public both nationally and inter- lines for the use of information and communications nationally . This report considers e‑government in technologies (ICTs) in public administration . There Venezuela for the period 2010-2011, and the legal are also laws and ordinances applicable to local, framework concerning anti-corruption actions in regional and municipal governments that promote public management, control of public expenditure, transparency in information .11 and citizens’ access to government information . It Venezuela recognises most international laws also analyses the government measures applied in that proclaim the freedom to seek, receive and im- the case of PDVAL’s alleged corruption, and com- part information and act against corruption 12. ments on the public’s reaction in different media Finally, PDVAL has been under the Ministry of (debates, reports, social networking and digital People’s Power for Food (MINPAL)13 since 2010, and media) in their attempt to report what they judged was created in 2007 as a subsidiary of the state-run as inefficient or fraudulent management of public oil company PDVSA .14 goods . Finally, the report proposes a series of ac- tions and recommendations about transparency The case of PDVAL and accountability in Venezuela . Between 2010 and 2011, about 170,000 tons of Political background spoiled food was found in containers located in the port of Puerto Cabello, Venezuela . This food, ear- Even though there is no law fully regulating access marked for distribution in state-run supermarkets to public information in Venezuela, a draft Law on Transparency and Access to Public Information2 has 5 www asambleanacional. go. v .ve/index .php?option=com_leyesficha been recently developed and was to be discussed &hidId=detalleley&Itemid=213&idley=850&lang=es 3 during 2012 in the National Assembly . Also, the Na- 6 www tsj. .gov .ve/legislacion/lopa .html tional Constitution,4 in its articles 28, 31, 51, 57,143 7 www uc. .edu v. e/diuc/pdf/ LeySobreSimplificaciondeTramitesAdministrativos pdf. 8 web .laoriental .com/Leyes/L010N/L010nT1Cap0 htm. 1 Productora y Distribuidora Venezolana de Alimentos 9 www cav. edatos .org .ve/download/cdt_367 pdf. 2 asambleavisible .files .wordpress .com/2011/06/proyecto-de-ley- 10 www asambleanacional. gob. v. e/index php?option=com_content&. orgc3a1nica-de-transparencia-y-accesso .pdf view=article&id=33409:realizaran-jornadas-de-consulta-sobre-la- ley-de-infogobierno&Itemid=50 3 www .asambleanacional .gov .ve/index .php?option=com_content &view=article&id=37608%3Acomision-de-contraloria-propone- 11 www alcaldiamunicipiosucr. e go. v v. e/contenido/wp-content/ tres-instrumentos-juridicos-para-este-ano&catid=1%3Alatest- uploads/2010/08/Resumen-Ley-de-Acceso-a-la-Informacion .pdf news&Itemid=246&lang=es 12 www ipys. .org .ve/media/24534/manual_aip_venezuela pdf. 4 www .asambleanacional .gov .ve/index .php?option=com_content&v 13 www minpal. gob. .ve iew=article&id=24728&Itemid=238&lang=es 14 www pdvsa. com.

236 / Global Information Society Watch in urban and rural areas, was packed in 1,197 con- • MINPAL’s main site only displays an annual fi- tainers . It had reached its expiration date, and was nancial report and accounts for 2007 .18 Besides therefore unacceptable for human consumption . this, information is so scarce that it precludes At the time, officials explained the spoiling of the a serious analysis on management of public re- food as inefficient management by PDVAL, which sources . The report on 2008 has an inoperative allegedly imported greater amounts of food than link and MINPAL only shares information about it could manage to distribute . However, non-gov- the management of the agencies attached to ernmental media – traditional and digital – have the ministry . analysed it as an obvious case of corruption in • The government’s annual financial report does which public managers deliberately imported food not display information about MINPAL, and the that was nearly or already expired for embezzle- link to MINPAL is missing . ment purposes . This scandal was in apparent contradiction to • The PDVAL official site shows no records of op- existing laws and regulations in the country stating erational and financial plans, and does not have the obligation of transparency in the management annual financial reports for 201019 and 2011 20. of government agencies, and the rules urging the This lack of transparency, paucity or absence of of- use and promotion of ICTs as tools for the dissemi- ficial information which was strongly suggestive of nation of information, democratic participation of the ineffectiveness of the e‑government programme citizens and control of the potential corruption in in the country led the citizen media to discuss the their respective governments . PDVAL case as one of patent corruption, in which However, examining the effectiveness and trans- unscrupulous officials deliberately imported ex- parency of e‑government in the management of the pired food at lower prices for profit . In fact, the food company PDVAL, we find some revealing facts: Venezuelan Programme of Education-Action in • MINPAL has an institutional portal with of- Human Rights (PROVEA)21 demanded that the gov- ficial information about the ministry and nine ernment and National Assembly22 guarantee the different associated agencies15 involved in the “delivery and access of reports and accounts of all food marketing chain .16 This is in accordance public institutions of the country (and the applica- with Article 27 of the Law of Info-Governance, tion of) penalties for officials who fail to comply according to which all governmental agencies with this obligation .” are obliged to publish on their official websites At the same time, public opinion started to be information about their mission, organisation, heard in digital forums, in the independent press, procedures, relevant regulations, documents on non-governmental radio and television, and on of interest to people, management reports, blogs,23 websites and social media (Twitter and operational plans and annual financial reports Facebook), all of which were reporting on PDVAL fre- and accounts . quently . In a very short time the scandal was known worldwide,24 which pressured the government to • However, most agencies under MINPAL do not investigate . The results of the investigation were: display their annual financial reports and ac- counts on their portals . In the case of SADA,17 • In 2009, PDVSA’s auditor general,25 Jesus Vil- the government agency responsible for food lanueva, acknowledged in a confidential storage, a password is required to access the memorandum that poor quality food was im- administrative system . This violates the right ported, and wrote about the extent of the to social control established in articles 62 and financial disaster of PDVAL food imports . He 142 of the Venezuelan Constitution . Moreover, also reported about overpriced payments and it contradicts the approved national policies about the strategic use of ICTs as described 18 www .minpal gob. .ve/index php?option=com_content&task=view&. id=9&Itemid=27 in the Simon Bolívar National Plan, and in the 19 www .derechos or. g v. e/memoria-y-cuenta/memoria-y-cuenta-2010 Telecommunications, Informatics and Postal 20 www .derechos or. g v. e/documentos-oficiales/memoria-y- Services National Plan . cuenta-2011 21 www .noticierodigital com/201. 2/02/provea-exige-al-ejecutivo- difundir-publicamente-memoria-y-cuenta-de-las-instituciones- oficiales 15 www .minpal .gob .ve/index .php?option=com_content&task=view& 22 Ibid . id=6&Itemid=13 23 www .democraticunderground com/11. 081638 16 The marketing chain encompasses production, transportation, 24 es wikipedia. .org/wiki/Caso_PDVAL storage, distribution and final sale . 25 www .reportero24 com/2011/0. 3/auditor-de-pdvsa-alerto- 17 sada .gob .ve/administrativo/admin/index .php corrupcion-en-importaciones-de-pdval

VENEZUELA / 237 the purchase of expired food or products that The PDVAL case reveals important facts: never arrived, which led to losses amounting to • Even though the country has excellent laws and several hundred million dollars . The memo also regulations concerning an efficient e‑govern- mentions the haphazard processes that gov- ment system and the role of ICTs as a tool for erned importing and the lack of coordination citizen control of corruption, there is no enforce- inside the ports . ment of these laws and norms . This can be seen • In May 2010, at the request of the Attorney by the fact that neither the PDVSA nor MINPAL General,26 the 2009 general manager and chief (to which PDVAL reported) displayed the due operating officer of PDVAL, Ronald Flores and information on their portals as established by Vilyeska Betancourt, were arrested . MINPAL regulations 31. • On 28 August 2010, the Comptroller General • Social media have been crucial to force the gov- of the Republic (CGR) analysed 37 containers ernment to investigate cases of corruption and of food out of 305 that had been abandoned at embezzlement as provided by the constitution . customs at the ports of Puerto Cabello and La • When laws do not coexist with law enforcement, Guaira . Inspections by the National Institute for then e‑government, access to information and Agricultural Health and the Autonomous Service democratic participation remain on paper only . of Sanitary Control determined that the food in the containers had expired or had near-expiration Conclusions dates, and some had signs of decomposition . In the period 2008 to 2010, PDVAL was a subsidiary • Evident differences between the inventories of PDVSA, and from 2010 the government placed it of the warehouses and those managed by the under MINPAL’s jurisdiction, alleging mismanage- company were also reported, and detailed infor- ment on PDVSA’s part . However, MINPAL and its mation about purchase orders and the location agencies do not comply with the provisions of the and condition of the food received revealed the E‑Government Act . We are faced with a contradic- inefficiency of PDVAL management . tion between laws that promote digitisation and • On 30 March 2011, Comptroller General access to information through the internet, and Clodosbaldo Russian27 openly criticised PDVAL government agencies that violate the very funda- management, since it had proceeded “without mental principles of e‑government being promoted . regard to strictly legal and technical criteria .” This inconsistency goes beyond the case before us . Decree 825, for example, stipulates the use of the • In November 2011 the Justice Department and internet for e‑government purposes, but the subse- the National Office of the Republic granted pa- quent Decree 6449 defines payments for internet role to the accused in the PDVAL case . At the use in the public sector as “luxury spending” . At 28 same time, Deputies Neidy Rosal and Aura present, internet expenditures by public and private 29 Montero complained to the National Assembly universities require the approval of the state vice about the deferrals and delays by MINPAL in the president . application of penalties in the PDVAL case . They Even though after nearly 18 months since the also asked for a review of the processes and for allegations discussed above the Venezuelan gov- the intervention of the president of the Supreme ernment has not issued sanctions against the Court of Justice and the Attorney General’s Of- accused, the PDVAL case demonstrates how digital fice, while requesting further investigation of media, social networks and virtual communities can 30 new cases of spoiled food in 2012 . At present, play a leading role in formulating public allega- the PDVAL accused are free . tions in corruption cases, which then become legal matters . 26 informe21 .com/actualidad/detenidos-dos-ex-directivos-pdval-su- PDVAL is an example of the level of presunta-vinculacion-alimentos-descompuesto 27 informe21 .com/clodosbaldo-russian/clodosbaldo-russian-pdval- corruption seen nowadays in Venezuela, a phe- importo-comida-%E2%80%9C-criterio-legal-tecnico nomenon that continues to result in shocked 28 www diariolacosta. .com/detalles/Detenidos-por-caso-Pdval- national and international opinion . It is also evi- fueron-dejados-en-libertad dence of a lack of transparency and accountability 29 www s1. .acn .com .ve/portal/politica/item/45721-diputadas- de-prove-solicitan-a-la-an-para-que-investigue-las-denuncias- by the government in the use of public funds, and, realizadas-en-el-caso-de-pdval in particular, the failure in the implementation of 30 noticierovenevision .net/nacionales/2011/ noviembre/9/1123=diputadas-de-carabobo-piden-seguir- investigando-pdval-ante-la-aparicion-de-mas-comida- 31 www .minpal gob. v. e/index php?option=com_content&task=view&. descompuesta id=70&Itemid=56

238 / Global Information Society Watch the state’s e‑government programme . These factors NGOs adversely affect the quality of life of citizens and violate constitutional laws . • Join forces to report the difficulties encountered in accessing public information to national and Action steps international entities . Government agencies • Demand sanctions for public institutions that violate laws designed to promote social control . • Deploy efficient e‑government processes in public institutions as a way to ensure transpar- • Raise allegations of corruption before impartial ency and accountability . national and international bodies that will guar- antee the punishment of those responsible . • Be rigorous in the implementation and enforce- ment of legislation to promote the control, Citizens supervision, monitoring and auditing of the use and management of public assets . • Secure their presence and participation through using social media and demand that the govern- • Monitor the use of funds for the establishment ment have a coherent understanding of the role of e‑government systems that ensure access to that ICTs should play in a democratic society: information concerning government agencies . as a tool for ordinary people to exercise social • Demand that judicial bodies streamline the control over their governments and participate processes that handle corruption cases, par- in real decision making to improve their quality ticularly those that threaten the country’s food of life . n security . • Maintain a separation of powers in order to fa- cilitate transparent judicial processes when it comes to public administration .

Thematic reports / 239 Western Balkans The collective memory of the undone and the damage

is the same, if not lower than OneWorld Platform for Southeast Europe (owpsee) Valentina Pellizzer it was in 2000 . . [A]nti-corruption legislation has www oneworldsee. .org been extended, but there are fewer convicted of corruption than during Milosevic’s regime, and Introduction: Overview of a region rife the number of prosecuted cases is lower than be- fore 2000 .”6 And then Montenegro and Macedonia . with corruption and bribery The first is “a country that has not seen a change The daily chronicle of this small region is one of of government for 23 years, stifled by corruption corruption and bribery . That is what emerges from and organised crime,” says Vanja Ćalović, director media reporting on the trial of the former prime of the NGO network MANS,7 which, during the elec- minister of Croatia,1 and is confirmed by the ar- tions held on October 2012, found 14,000 cases of rest of Nazmi Mustafi, Kosovo’s top anti-corruption names included several times in the electoral lists . prosecutor, over “allegations he took bribes to drop Macedonia, on the other hand, combines a lack of corruption charges against powerful individuals .”2 transparency in general public expenditures, with a According to the Business Anti-Corruption portal, judiciary involved in the cover-up of high-level cor- compared to the regional average, Albania “is the ruption cases, and strong pressure on the media, country where the highest percentage of companies including the drive to shut down A1 Television 8. expects to give gifts in order to get a government Apart from Croatia, which finalised the Europe- contract .”3 an Union (EU) accession process in June 2011 and The situation is no different in Bosnia and Herze- will formally become a member of the EU in July govina, where, this June, the Centre for the Study of 2013, all the remaining countries have launched Democracy (CSD) in Bulgaria and Centre for Inves- their own “anti-corruption chapter” on their way tigative Reporting (CIN) in Sarajevo published the towards joining the EU . In order to successfully report “Countering Corruption in Bosnia and Herze- conclude their negotiations, they need to prove govina 2001-2011” .4 This shows that over the past their seriousness and commitment in combating 10 years corruption in Bosnia and Herzegovina has corruption . Yet widespread corruption has been increased, while the actual participation of citizens confirmed by Transparency International’s latest in corrupt activities has subsided .5 Corruption Perceptions Index, released in 2011 . Very similar is the situation in Serbia, Mon- Croatia and Montenegro rank 66th and Kosovo tenegro and Macedonia, where a “leading political 112th out of 183 countries and territories of the cartel” manages the public good as their own pri- world surveyed . For their part, Albania ranked vate resource and uses corruption cases as a way to 95th, Bosnia and Herzegovina 91st, Serbia 86th, eliminate political opponents . According to Petrus and Macedonia 69th . van Dijn, a professor at Tilburg University in the Netherlands, “The commitment to the fight against Overview of national laws against corruption and for transparency

1 “In Croatia a trial of a former prime minister starts next month, Anti-corruption initiatives are present almost every- promising to open a window on widespread political corruption where in the region . Albania leads the reform path, over the past decade . Ivo Sanader is pleading innocent to charges that he and his ruling Croatian Democratic Union party (HDZ), while Kosovo and Bosnia and Herzegovina mark which ran the country for most of the past 20 years, siphoned time . Albania, Croatia, Macedonia and Montenegro off nearly €10m (£8m) from privatisation proceeds into party have joined the Open Government Partnership,9 funds . Sanader is already being tried on two further sets of graft charges .” www .guardian .co .uk/world/2012/mar/29/central- europe-centre-right-corruption-claims 2 www .rferl .org/content/kosovar_anticorruption_prosecutor_ 6 www .politika .rs/rubrike/Hronika/Nivo-borbe-protiv-korupcije-isti- arrested_for_corruption/24536494 .html kao-2000-godine .lt html. 3 www .business-anti-corruption .com/country-profiles/europe- 7 www .balcanicaucaso .org/eng/Regions-and-countries/ central-asia/albania/snapshot Montenegro/Montenegro-a-country-to-change-125391 4 www .csd .bg/artShow .php?id=16084 8 www .unhcr .org/refworld/country,,,,MKD,4562d8b62,503c72 5 www .againstcorruption .eu/articles/new-report-on-anti-corruption- 2b23,0 .html in-bosnia-and-herzegovina-published 9 www .opengovpartnership or. g

240 / Global Information Society Watch and submitted their action plans, while Serbia has various levels of government; lack of capacity of the presented a letter of intent . institutions which are supposed to enforce anti-cor- All countries, except for Kosovo, are partici- ruption laws; judicial inefficiency; incompatibility of pating in the Regional Anti-corruption Initiative regulations in the access to information area; lack (RAI), which has a secretariat for South-Eastern of protection of whistle-blowers .”14 Last but not Europe, and have developed national websites 10. least, the annual strategy paper15 which sets out The websites are all in English and can be seen as the way forward for the coming year16 clearly shows useful sources of information for English-speaking the EU carrot-and-stick political practice to try and researchers, considering that they provide informa- bring about the smallest improvement . tion on strategies adopted, legislation, reports and corruption cases . The internet as collective memory In general, if we look at the implementation of corruption claims of anti-corruption laws, a report published by Corruption cases are regularly covered in major Transparency International in June 2011, with a newspapers, or on prime time slots on national TV, comparative analysis11 of Albania, Macedonia and but in a region where freedom of the media is jeop- Kosovo, provides a good synthesis of the regional ardised and much of the mainstream media belongs challenges . These can be summarised under the to the oligarchy, the impact remains low and is eas- heading of “abuse of political and economic power”: ily framed as a “political attack” . Leaving aside the • Low and inconsistent levels of access to EU reports and their influence on the development of information laws that impact on citizens’ everyday life, a key ele- ment remains the gulf between the national political • Ineffective application of asset disclosure elites, who hold the power and influence over insti- requirements tutions, and our fragmented, precarious citizenry, • Absent or unimplemented codes of conduct weakened by a divided past, with a regional average • Political interference in institutional responsi- unemployment rate of around 21% . In a situation bilities and operations where corruption seems the norm, the long-term ef- fect is growing public tolerance towards corruption . • Poor working conditions for judges, legislative It is a sort of “siege effect” – people have stopped staff and civil servants.12 acknowledging the situation as an exception and, in In addition to the above, the legal framework regu- order to survive, have adapted to it and developed lating the fight against corruption, especially the mechanisms to navigate safely through it . laws on conflict of interest and financing of politi- As a result, a pervasive corruption exists in cal parties, are inadequate or circumvented in these which people are part of the system, accepting countries . that it is okay to pay bribes for getting things done: These results can easily be extended to the en- better assistance while giving birth, or a short cut tire region, where the formal adoption of legislation against a fine . The general attitude is that this is the complying with EU standards is the general praxis way it is and we cannot change it, and this is what of the political elites managing the public good in makes corruption invincible . the Western Balkans region . It is sufficient to look How then do you make people reflect and ques- at country progress reports where each year the tion? Thousands of pages from reports, hundreds European Commission presents its assessment of and hundreds of press releases, and sensational what each country/candidate has achieved over headlines clearly do not work . Ordinary citizens the previous 12 months.13 Here, from the Bosnia have neither the skills to identify state and mu- Herzegovina report, you can see the reiteration of nicipal inconsistencies, nor the opportunities to ask the same main points: “Incompatibility of laws at and see their questions answered, taken seriously by public officials . Still we mumble – we citizens

10 Regional Anti-corruption Initiative website and national websites: complain! If you cannot speak out in formal spaces www .rai-see .org; www .anticorruption-albania .org; www . then you start informally, and the best place in the anticorruption-bosnia-and-herzegovina .org; www .anticorruption- region for complaining is the internet . So, over the macedonia .org; www .anticorruption-montenegro .org; www . anticorruption-serbia .org; www .anticorruption-croatia .org 11 archive .transparency .org/regional_pages/europe_central_asia/ projects_and_activities/cimap 14 ti-bih or. g/en/5599/bih-is-still-the-worst-in-the-region/ 12 archive .transparency .org/news_room/latest_news/press_ 15 ec .europa .eu/enlargement/pdf/key_documents/2012/package/ releases/2011/2011_06_21_cimap_report_launch strategy_paper_2012_en pdf. 13 ec eur. opa .eu/enlargement/countries/strategy-and-progress- 16 ec .europa .eu/enlargement/countries/strategy-and-progress- report/index_en .htm report/index_en htm.

western balkans / 241 last two years we have witnessed an increasing Another civic initiative is Open Data Albania,21 which presence of online anti-corruption, pro-accountabil- produces a variety of data visualisations that jour- ity forums and mapping tools in the region . nalists can reuse in their work . It also creates a Looking from a distance it looks like the dif- repository of the raw data using the CKAN registry ferent pieces of a giant puzzle – like the incredible system, so that tasks like registering and acquiring display of a collective memory of the undone and datasets22 can be automated . the damage . With internet penetration (broadband connection and 3G) on the rise, the digital space is Bosnia and Herzegovina opening up to new ways of reporting: from online The country is far behind Albania . Not only is it not communities converging around local accountabil- among the signatories of the Open Government ity issues, to online platforms strengthening access Partnership initiatives but, as described in the EU to information or state attempts to open up commu- progress report: nication channels with their citizens . Legislative alignment is delayed due to the con- Country highlights tinuing discussions between the Entities and the State on their respective powers . (…) The Albania State-level Law on the Agency for the Devel- According to government data, in the last six years opment of the Information Society is yet to be Albania moved from 4 8%. internet penetration to adopted . There is no State-level legislation on almost 60% – in contradiction to International Tel- electronic documents, e‑government and cyber ecommunication Union (ITU) statistics, which rate crime . Legislation remains to be aligned with the country at 48% . It has one of the highest mobile the E‑Commerce Directive . (…) The State-level phone penetration rates in Europe (185% at the end e-commerce law did not enter into force yet . The of 2011) and a mobile subscription rate for the same implementation of the State-level e‑signature year of 96 .97%, according to the ITU . The Open law of 2006 is pending . The administrative ca- Government Partnership Action Plan presented on pacity in the State-level Ministry of Transport April 2012 is very ambitious, and the government and Communications remained weak 23. pledges: “On its 100th independence anniversary, Albania aims to be an e‑governed country .”17 According to the ITU, at the end of 2011, Bosnia and In January this year the EUNACAL Institute18 Herzegovina had 1,955,277 internet users and a launched Raportime,19 a localised Ushahidi plat- penetration of 42 .3%, while mobile penetration put form inviting citizens to report on a wide range of the country at the bottom of EU statistics . Bosnia issues, from environmental issues to human rights . and Herzegovina has still not reached 100% mobile Each complaint is automatically forwarded via email penetration (it was 84 .85% at the end of 2011) 24. to public officials at the central and local govern- However, the last two years have seen an explo- ment . Over the first three months, more than 90 sion of initiatives which use the internet to promote reports were filed, out of which 70% came directly transparency and accountability . For example, from citizens . One of the categories considered is il- the Facebook group “Spasimo Picin Park a Banja legal video surveillance, in particular CCTV cameras Luka”,25 an initiative born to defend a small park installed in violation of the law . The commissioner transformed into a construction site, has reached on data privacy contacted the organisation and all 41,268 members . The Facebook group hosts dis- complaints in this regard were resolved . Triggered cussions, shares information and organises protest by the initiative, Tirana Municipality started a map20 walks advocating for local government account- on its own, but on their map issues that are re- ability . Another interesting process to follow has ported are not made visible until they are resolved . been launched by volunteers in connection with the forthcoming census . They are experimenting with a combination of tools – including a Facebook 17 www opengo. vpartnership .org/sites/www .opengovpartnership . org/files/Albanian%20OGP%20Action%20Plan .pdf 18 EUNACAL is an independent public policy research institute established in 2010 to promote citizens’ participation and deliberative democracy in Albania by focusing on public policy 21 Open Data Albania main website: open .data al. and blog: opendata . making in three levels of governance (European, national and local al/blog/37/open-data-albania-in-phase-ii – EUNACAL) . eunacal .org 22 Open Data Albania catalogue: explorer data. .al/index/catalog 19 The platform uses Web 2 .0 tools (Facebook, Twitter, blogs, 23 ec .europa eu/enlar. gement/pdf/key_documents/2012/package/ YouTube, Wikipedia) and facilitates online discussion between ba_rapport_2012_en pdf. students, business managers, politicians and policy makers in 24 www .itu .int/ITU-D/ict/publications/material/LDB_ICT_2012 .pdf Tirana and Brussels . www .raportime .com and www .itu int/ITU-D/ict/statistics/explor. er/index .html 20 rregullojqytetintim .tirana .gov .al 25 www .facebook .com/groups/park je. nas.

242 / Global Information Society Watch group and website26 – to get citizen feedback on the are used as excuses to justify failure and a lack of proposed census template . transparency . After the euphoria of the declaration Several monitoring initiatives have been of independence, civil society is starting to question launched: e-zbori,27 an Ushahidi map for monitoring the “founding fathers” of the country and to de- the election; the Virtual Parliament portal created mand accountability . A few initiatives in particular by the Centre for Civil Initiative,28 which has good in- are leading the calls for transparency: Kallxo .com,34 formation on parliamentary work, but is published run by the Balkan Investigative Reporting Network in a user-unfriendly Flash interface; and the access (BIRN) and the Kosovo Anti-Corruption Agency, to information site Pravo daz nam,29 managed by which was launched in 2008 and has collected 559 Why Not (Zasto Ne) and Transparency International, reports, out of which 204 are on corruption; and which after one year has received only 54 requests . two media initiatives35 managed by the Kosovo Centre for Investigative Journalism (KCIJ) together Croatia with the civil society organisation Çohu, which en- The public disclosure of the war veterans’ registry is gage and criticise the authorities where necessary . probably the most celebrated Western Balkan leak, Other examples include Transparency Internation- attributed to the blogger Marko Rakar,30 who was al Kosova;36 My Tender,37 another Ushahidi map already known for the collaborative blog Pollitika launched one month ago (10 cases have been reg- and the electoral census tool which helped high- istered); and My Vote,38 which provides information light manipulation of electoral lists . The publication on politicians and their work . of the registry not only touched one of the most sensitive communities, but somehow kick-started Macedonia a new form of activism in the region, showing the Several initiatives use similar online tools in Mac- power that technology gave to the average citizen . edonia, such as Fiscal Monitor,39 promoted by In 2011 another initiative was launched that includ- Forum-CSRD, a local think tank, and the one-year- ed a budget calculator and the public procurement old campaign Report Corruption,40 based on the registry .31 This summer, it was comforting to read Ushahidi platform and launched by Transparency the decision by the Croatian Ministry of Finance International Macedonia together with the Centre to make public the list of tax debtors 32. However, for International Relations . The site reached 15,229 the fact that judiciary and public administration followers after 12 months, collected 199 relevant accountability remain the weakest areas in the cases out of 227 reported, and has confirmed that country is confirmed by an EU report which asked many more are still under evaluation . The campaign for “increased efforts” and mentions a need for combines web and mobile applications, including a “the strengthening of the rule of law through con- number for telephone calls and an active Twitter ac- tinued implementation of Croatia’s commitments to count, #korupcijaMK . further improve public administration, the justice system, [and] preventing and fighting corruption Montenegro effectively ”. 33 Montenegro’s history of corruption has strong roots, which is why it is called a “” . The coun- Kosovo try, as a result, has to overcome a lot of challenges . As the youngest country in the region, which is The local anti-corruption champion is MANS,41 a still not recognised by all EU countries (including civil society organisation that upon its inception Serbia and Bosnia and Herzegovina), the path to- declared a zero tolerance for corruption and bribes wards a transparent and accountable government is – today MANS is the anti-corruption organisation in slower and more complex . In Kosovo, as in Bosnia Montenegro . On its site, MANS uses the iPetitions and Herzegovina, nationalistic and ethnic rhetoric tool,42 and has a repository of all access-to-informa- tion requests as well as answers from institutions, 26 www .popis .org .ba 27 zurnal .info/e-zbori 34 kallxo com. 28 www .virtuelniparlament .ba 35 levizjafol .org/al/monikorr and www pr. eportr com. 29 www .pravodaznam .ba 36 www kdi-koso. va or. g 30 www .netokracija .com/registar-branitelja-marko-rakar-2709 popisbiraca .pollitika .com 37 www tenderi-im. or. g 31 vjetrenjaca .org; proracunskikalkulator .com and nabava . 38 www v. otaime .org vjetrenjaca .org 39 www fiskalenmonitor. mk. 32 duznici .porezna-uprava .hr 40 www prijavikorupcija. .org 33 eur-lex .europa .eu/LexUriServ/LexUriServ .do?uri=COM:2012:0601: 41 www mans. .co me. FIN:EN:HTML 42 www ipetitions. .com

western balkans / 243 and an interactive calendar for the parliament as- tank, and in Serbia .57 An interesting site and also a sembly, with links to documents and reports . useful resource for journalists and whistleblowers is the Balkanleaks initiative .58 This also includes Serbia Bulgaria, and has a mission “to promote transpar- In Serbia, Open Parliament43 is a civic initiative ency and fight the nexus of organised crime and launched by five organisations: the Centre for Re- political corruption in the Balkan states .” search, Transparency and Accountability (CRTA);44 SeConS,45 a development initiative; YUCOM,46 a Conclusions lawyers committee for human rights from Belgrade; Throughout 2011 and 2012, national and regional the National Coalition for Decentralization,47 based events confirmed the interest and relevance of in Nis; and the Zaje arska initiative,48 from Zaje ara . approaching accountability, transparency and cor- The platform, which follows the work of local and ruption using social media, mapping platforms national elected officials,č has collected andč made and other online tools . It is too early to evaluate available data from 1997 to 2011 and intends in this the strength of all these initiatives . They can be the way to allow the active monitoring of parliamentary result of a favourable trend where several donors work . The CRTA is also behind another initiative seem committed to push technological solutions called Follow the Money,49 which provides infor- into the advocacy arena, or the natural develop- mation on public spending at the municipal level . ment of committed communities that have found Other interesting initiatives include Kontrolor .rs,50 in technology an ally that makes corruption visible managed by the Network for Political Accountability and understandable for ordinary citizens . What (MPO), which monitors public expenditure; Zakon we are witnessing is an increased aggregation of je naš,51 a website for public discussion on pro- public budget expenditures, profiles of municipali- posed laws; and initiatives by “Serbia on the Move” ties, and politician and party profiles uploaded and that focus on fighting corruption in the health available to the public . However, the information is sector (after the successful campaign “I do not ac- not always clear or accurate, and communication cept bribes, I work for my salary” collected 10,000 about the tools themselves fails most of the time, signatures, they are launching the “Rate Your Doc- so they are only discovered by chance or solely of tor” campaign, which combines a website52 and a interest to the same groups who are already proac- Twitter account, #kakavjedoktor) . Since July 2012, tive citizens . Perun,53 which encourages whistleblowers to report What is true is that all these initiatives, leaks to corruption and has involved Jakob Appelbaum from informal forum discussions, institutional attempts WikiLeaks and Arturo Filasto from GlobaLeaks, has to initiate some form of open data, and data visu- been active . All reports go directly to Juzna Vesti,54 alisation attempts, represent different parts of the a media outlet from south Serbia . Journalists then same mosaic . Institutions, under EU accession verify the reports and publish the information . pressure, have to show their commitment and or- ganise their data, and citizens and civil society are Regional initiative getting better and more organised in requesting Fiscal Monitor is a regional initiative that focuses on information . What emerges is a local, national and municipality budgeting and is implemented in three regional inventory, which combines information, countries: in Bosnia and Herzegovina55 by the Sara- data and trends . So all in all, even if chaotic and jevo School of Science and Technology (SSST), in incomplete, it is a good feeling to see some com- Macedonia56 by the NGO Forum-CSRD, a local think mon paths emerging . Surely the inventory is only at its first stage, a 1 .0 Beta version, which often offers 43 otvoreniparlament .rs expensive or inaccessible technical solutions (soft- 44 www cr. ta .rs/wp/sr ware choices such as Flash), or cannot be used by 45 www secons. .net citizens due to their limited access (low broadband 46 www yucom. .org .rs/index .php 47 www decentr. alizacija .org .rs penetration) and, last but not least, has weak or 48 www zainicijativ. a .org ghost communities behind it . Platforms that forget 49 www pr. atipare .rs to state their name and are about accountability do 50 www kontr. olor .rs not inspire trust . When navigating them, what ap- 51 www zakonjenas. .rs pears evident is the presence of a project team, but 52 www kakavjedoktor. .org the lack of a community . Proprietary or open source, 53 www perun. .rs 54 www juznev. esti .com/Istrazujemo/index .sr .html 55 www fiskalnimonitor. .ba 57 www .fiskalnimonitor .rs 56 www fiskalenmonitor. .mk 58 www .balkanleaks .eu

244 / Global Information Society Watch all these platforms need to engage people to be that in one way or another use data visualisa- useful and to support mobilisation . tion to make information more understandable Technology platforms can be a great tool for to the general public . There is a need to not international consensus seeking, but at the same only increase the flow of information but also time it is easier to produce an ad hoc platform for to strengthen the ability of citizens to use this the duration of a project, then abandon it at the end data . There is also a need for more presenta- of the project once funding has run dry, and com- tions and events in the offline space, which will plain about institutional and citizen passivity! allow time for reflection, but moreover will help citizens to create action groups . Western Balkan Action steps citizens can be described as bystanders, with in- dividuals and groups looking and staring at the • Provide real access to information (information issues without making a move . The point is not feeds/long reports) establishing collabora- so much about “sparking a revolution” as gener- tions and synergies for visualisation of existing ating a consciousness of rights and resistance . reports to reach out outside the formal civil so- • Index the good and the bad . Show the dead- ciety sector and to spread from the “netizen” locked judiciary and inefficiency/carelessness community to ordinary citizens . To build an un- of public officers or the police . To bypass the derstanding and rejection of corruption we need collective responsibility syndrome, which cov- continuity of reporting in a format that can be ers up individual responsibility, it is necessary accessible to all . Headlines and timelines need to give visibility to the entire cycle of corrup- to keep people informed, and information needs tion . This includes where the complaint starts, to be constantly posted on cases and laws . with the disempowering practices of officials • Strengthen citizen transparency/accountabil- who receive citizen complaints or fail to answer

ity literacy . More and more sites are appearing questions, all the way up to the judiciary . n

western balkans / 245 Reports

2011 - Special Edition 2 2011 - Special Edition 1 2011 - Internet rights and democratisation

2010 - ICTs and environmental 2009 - Access to online information 2008 - Access to Infrastructure sustainability and knowledge

2007 - Participation The internet and corruption Transparency and accountability online 2012

Corruption contributes to instability and poverty, and is a dominant factor driving fragile countries towards state failure. The internet is thought by many to support transparency and accountability in government decision-making processes. In

Watch many instances this is true – but can the internet enable corruption too?

ety GISWatch 2012 explores how the internet is being used to ensure transparency i and accountability, the challenges that civil society activists face in fighting corruption, and when the internet fails as an enabler of a transparent and fair Soc society. on i The nine thematic reports and over 50 country reports published ask provocative questions such as: Is a surveillance society necessarily a bad thing if it fights corruption? And how successful have e‑government programmes been in fighting corruption? They explore options for activism by youth and musicians online, as well as the art of using visual evidence to expose delusions of power. By focusing on individual cases or stories of corruption, the country reports take a practical look at the role of the internet in combating corruption at all levels.

GISWatch is published annually and is a joint initiative by the Association for Progressive Communications (APC) and the Humanist Institute for Cooperation Global Informat with Developing Countries (Hivos).

Global Information Society Watch 2012 Report www.GISWatch.org