New Commitments, New Approaches: Emerging Policy Areas in 2018-2020 Action Plans - Open Government Partnership

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New Commitments, New Approaches: Emerging Policy Areas in 2018-2020 Action Plans - Open Government Partnership
New Commitments,
New Approaches:
Emerging Policy Areas
in 2018-2020 Action Plans
New Commitments, New Approaches: Emerging Policy Areas in 2018-2020 Action Plans - Open Government Partnership
Introduction

    In 2011, government leaders and civil society
    advocates came together to create a unique
    partnership - one that combines these powerful forces
    to promote accountable, responsive and inclusive
    governance. Seventy-nine countries and a growing
    number of local governments - representing more than     Gender and                              Anti-Corruption                        Civic Engagement
    two billion people - along with thousands of civil       Inclusion                               Commitments that tackle                Commitments that mobilize
    society organizations form the Open Government                                                   corruption through prevention,         citizens to engage in policy
                                                             Commitments that are intentional,
    Partnership (OGP).                                                                               detection, investigation,              dialogue, provide input and
                                                             strategic, and ambitious in bringing
    This publication highlights notable commitments from     women and underrepresented              prosecution, and sanction, with a      monitoring that lead to more
    the 2018-2020 action plans in five emerging policy       groups into the OGP process and         focus on creating and leveraging       responsive, innovative, and
    areas within the OGP community. These reforms            ensuring that reforms are inclusive     registries that expose company         effective governance.
    represent the multi-faceted approaches OGP members       of all people’s needs.                  ownership and enforcing open
    are taking as part of a global open governance                                                   contracting principles.
    movement. In 2018, the OGP Multi-Donor Trust Fund
    began providing its support in the co-creation process
    in nine countries and local governments to help
    enhance ambition and ownership of their action plans.
    This publication will showcase a selection of these
    commitments as well.
                                                             Justice                                 Public Services                        Multi-Donor Trust
                                                             Commitments that empower                Commitments that help improve          Fund Enhanced
                                                             citizens through access to              services like healthcare, education,   Co-Creation
                                                             information about legal institutions,   water, and public infrastructure,      Support
                                                             accountable justice-sector              through reforms ranging from
                                                             institutions, and effective legal       opening data to directly engaging      With the support of development
                                                             assistance.                             the public in decision-making.         partners and the World Bank, OGP
                                                                                                                                            has established the Multi-Donor
                                                                                                                                            Trust Fund (MDTF) to support
                                                                                                                                            participating countries and local
                                                                                                                                            members with co-creation and
                                                                                                                                            implementation of OGP
                                                                                                                                            commitments and action plans.

2      WHAT’S IN THE ACTION PLANS
New Commitments, New Approaches: Emerging Policy Areas in 2018-2020 Action Plans - Open Government Partnership
Gender
    and Inclusion

    Opening up government is an underexplored method        CANADA                                                       youth-led oversight and monitoring plan for public         converting its subway map into Open API, a digital
    for accelerating gender equality and closing critical   COMMITMENT #8                                                policies that could be implemented across all              format that can be easily updated and is accessible
    gaps in information, access, and participation for      Feminist and Inclusive Dialogue                              municipalities.                                            through a mobile app. The city will partner with Muui, a
    underrepresented groups. When the contributions of      Many traditionally marginalized communities in Canada                                                                   media production group combating social stigmas
    women and marginalized communities are absent from      continue to face obstacles to accessing government           MALTA                                                      around disabilities, and other civil society organizations
    open government, the loss is extraordinary…and the                                                                   COMMITMENT #2                                              to generate continuous updates to the new digital map
                                                            information and participating in decision-making. To
    consequences real. Many core OGP policy areas can       foster more inclusivity in its public engagement,            “I Belong” Program for Migrant                             system.
    be enhanced by acknowledging the skills,                Canada committed to implementing Gender-Based                Integration
    perspectives and lived experiences of traditionally     Analysis Plus (GBA+), a tool used to assess how              Increasing ethnic, cultural and linguistic diversity in    URUGUAY
    marginalized groups and building systems that                                                                        Malta has resulted in the creation of a Migrant
                                                                                                                                                                                    COMMITMENT #2.2
                                                            women, men and non-binary people experience public
    address their concerns. OGP offers an action platform   policies. The commitment also includes increased             Integration Strategy, out of which the “I Belong”          Opening Data on Gender-Based
    to advance inclusion and equality for women and         publication of gender and inclusion data and gender-         program will be launched. The initiative seeks to build    Violence
    marginalized groups in both national and local action   based impact analyses of Canadian action plan                a partnership between the government, civil society,       In Uruguay, there is sustained public interest for
    plans. The following are examples of commitments on     commitments. The government will form a Federal              and migrants grappling with societal integration. To       information on gender-based violence, yet data
    gender and inclusion in the 2018-2020 action plans.     Housing Advocate and National Housing Council, and           help migrants qualify for permanent resident status,       collected by the government has been kept in
                                                            a National Advisory Council on Poverty. The councils         the state will offer educational courses on local laws     decentralized and often inaccessible formats. In
                                                            will reflect Canada’s diversity in terms of gender,          and customs, as well as Maltese and English language       response to public demand for greater access to this
                                                            ethnicity, regions, indigenous peoples, official             learning. A public “befriend a migrant” awareness          information, Uruguay committed to designing an open
                                                            languages, and include Canadians with experience             campaign and a pool of cultural mediators ready to         format digital model for the centralization and
                                                            living in poverty.                                           assist at points of government service will help create    publication of data on gender-based violence. The
                                                                                                                         an environment of belonging for all new residents.         government will develop visualizations of the data to
                                                            DOMINICAN REPUBLIC                                                                                                      improve understanding of the information by all
                                                            COMMITMENT #5                                                SEOUL, SOUTH KOREA                                         Uruguayans. This newly centralized database will set a
                                                            Training Youth Councils                                      COMMITMENT #1                                              standard for open data on gender-based violence that
                                                            In 2018, the Dominican Republic committed to training        Digitizing Subway Maps for Vulnerable                      could be replicated across Latin America.
                                                            1,200 young citizens on the Legal Framework of               Populations
                                                            Auditing and Social Control in the Dominican Republic.       Maps of the Seoul subway system often lack
                                                            Through these training sessions, youth will gain             comprehensible transfer routes and clear markers of
                                                            familiarity with their rights to access public information   elevators, making them difficult to navigate for
                                                            from the government and how to participate in policy         vulnerable groups, such as people with disabilities, the
                                                            creation. The councils will ultimately propose a             elderly, and pregnant women. Seoul has committed to

4      WHAT’S IN THE ACTION PLANS
New Commitments, New Approaches: Emerging Policy Areas in 2018-2020 Action Plans - Open Government Partnership
Justice

    To achieve open government, citizens must have the           HONDURAS                                                  NORTH MACEDONIA
    ability to seek and obtain remedy for grievances and         COMMITMENT #15                                            COMMITMENT #6
    protect their rights when they are infringed upon by         Digital Open Justice                                      Implementing a Universal Right to Free
    government, corporations, or other citizens. A fair and      Honduras will increase judicial transparency by           Legal Assistance
    accessible justice system offers its citizens this           developing a digital system where citizens can review     For many Macedonians – especially those in poor or
    opportunity through access to information about legal        judicial processes and court sentences in an open         marginalized communities – the justice system is often
    institutions, accountable justice sector institutions, and   format online and through a newly developed phone         inaccessible, and it’s difficult to assess whether their
    effective legal assistance when necessary. Recently,         app. The government will then take a multi-faceted        grievances are legal problems. To improve knowledge
    OGP members have begun to focus their commitments            approach to expanding access to justice by training       and use of the legal system, North Macedonia will
    in this area on strengthening access to justice for          judicial staff on the importance and practical            adopt a law guaranteeing citizens free legal
    marginalized groups. The following are examples of           implications of open justice and by gradually extending   assistance. An accompanying Ministry of Justice
    commitments on justice in the 2018-2020 action plans.        the National Service of Judicial Enablers throughout      database will house all information about where and
                                                                 the country, giving Hondurans better access to legal      how to access these legal services. The Ministry will
                                                                 aid services.                                             also monitor legal assistance providers’ compliance
                                                                                                                           with the new law and conduct a public education
                                                                 INDONESIA                                                 campaign to ensure citizens understand their right to
                                                                 COMMITMENT #15                                            free legal assistance. Civil society organizations will
                                                                 Increasing the Quantity and Quality of                    manage newly established access to justice centers in
                                                                 Legal Aid Services                                        four municipalities with significant Roma populations, a
                                                                 Indonesia aims to combat the unequal distribution of      marginalized group who have previously experienced
                                                                 legal aid services, which provide legal advice and        issues accessing the legal system.
                                                                 representation to ordinary citizens seeking justice
                                                                 through the court system. Through this commitment,
                                                                 the government will create regulations that guarantee
                                                                 funding for the legal aid organizations, allowing them
                                                                 to expand their reach to more remote and poorer
                                                                 communities. The government will also begin a civic
                                                                 education campaign to teach citizens how to identify
                                                                 violations of their rights and how legal aid providers
                                                                 can help them win justice for their grievances.

6      WHAT’S IN THE ACTION PLANS
New Commitments, New Approaches: Emerging Policy Areas in 2018-2020 Action Plans - Open Government Partnership
Anti-Corruption

    Two key methods of combating corruption that have             BENEFICIAL OWNERSHIP                                           a central database of foreign and local companies               minimal. To improve accountability and transparency in
    seen growing focus in OGP are beneficial ownership                                                                           bidding on public contracts and buying property. The            government contracting, Kaduna State committed to
    transparency and open contracting.                            CHILE                                                          database will include a module with information on              gradual implementation of the Open Contracting Data
                                                                  COMMITMENT #11
                                                                                                                                 companies and individuals convicted of bribery and              Standard. The government will pilot a new
    Beneficial owners are the individuals who ultimately          Co-Creating a Beneficial Ownership                             corrupt practices.                                              e-procurement portal with open data from the
    possess, control, or benefit from a company and its           Register Policy                                                                                                                Ministries of Health, Education, Agriculture,
    income. However, complex corporate structures make
                                                                  The lack of a centralized beneficial ownership register                                                                        Environment and Works, Housing, and Transport. The
    the beneficial owners’ identity unclear, giving way to
                                                                  has prevented Chile from reaching full compliance with         OPEN CONTRACTING                                                portal will also be linked with the existing “Eyes and
    the formation of anonymous shell companies. Many
                                                                  its international obligations, including the United            FRANCE                                                          Ears” platform, which allows for the public to digitally
    OGP members are taking steps to make beneficial                                                                              COMMITMENT #2
                                                                  Nations Convention Against Corruption and the OECD                                                                             monitor and submit feedback on the newly OCDS
    ownership information more transparent, thus making                                                                          Expanding Open Contracting
                                                                  Common Reporting Standard. To bring itself in line with                                                                        compliant procurement process.
    it more difficult for individuals to benefit from crime and
                                                                  the global beneficial ownership transparency                   Standards Across Territories
    corruption.                                                                                                                                                                                  PORTUGAL
                                                                  community, Chile committed to collaborating with               France is publishing public procurement data in an
    Countries provide goods, services, and critical               public institutions and civil society organizations to                                                                         COMMITMENT #8
                                                                                                                                 open format, in adherence to the Open Contracting
    infrastructure to their citizens through government           co-create a proposal for a centralized beneficial              Data Standard, and has committed to expanding                   Adopting OCDS and Increasing Bidder
    contracts worth trillions of U.S. dollars every year. That    ownership register. The government will perform an             standardization to cover all public purchasers (state           Competition
    makes public procurement one of the main global               initial analysis, looking at similar policies adopted in the   and local authorities, hospitals, public institutions, etc.).   To counter the pervasive perception of corruption in
    expenses, but also the number one corruption risk for         United Kingdom and the European Union. The final               This single flow of interoperable and reusable                  the awarding of public tenders, Portugal committed to
    countries. Through open contracting, information on           policy will give particular focus to companies that do         contracting data will be made available on data.gouv.fr         adopting the Open Contracting Data Standard. Data
    government contracts is published in an open and              business with the state or receive state subsidies.            and piloted in the Brittany and Occitania regions. The          from the entire public procurement cycle will be
    timely manner, enabling citizens to become more                                                                              French government will gradually disseminate new                published in an open format that is accessible to all.
    engaged in tracking public expenditures.                      KENYA                                                          procurement publication practices across other French           Open contracting will prevent officials from awarding
                                                                  COMMITMENT #1
    The following are examples of commitments on                                                                                 territories and other countries that are in the process of      contracts directly to their allies, promote healthy
                                                                  Beneficial Ownership and Corrupt                                                                                               competition between bidders, and will ensure public
    beneficial ownership and open contracting in the                                                                             adopting international open contracting data
                                                                  Practices Register                                             standards.                                                      money is well spent. Critically, new civic participation
    2018-2020 action plans.
                                                                  In its 2016 action plan, Kenya undertook the process of                                                                        and monitoring tools will also be developed, including
                                                                  collecting and storing information on the beneficial           KADUNA STATE, NIGERIA                                           hackathons and “Integrity Pacts” between contracting
                                                                  owners of companies. In 2018, Kenya committed to               COMMITMENT #2                                                   authorities and civil society members.
                                                                  building on this progress by working with the private          OCDS and “Eyes and Ears”
                                                                  sector and non-governmental organizations to develop           In Kaduna State, ministries, departments and agencies
                                                                  new beneficial ownership regulations and launch a              don’t proactively disclose public procurement data,
                                                                  public beneficial ownership register in Kenya, including       and citizen participation in procurement processes are

8      WHAT’S IN THE ACTION PLANS
Civic Engagement

     Civic participation is based on the belief that those who   aims to construct 80 sustainable preschool facilities       NETHERLANDS                                                 public officials in assessing how best to deepen public
     are affected by a decision have a right to be involved      taking a Participative Decentralized Approach (PDA),        COMMITMENT #11                                              engagement. Once the tool has been launched, New
     in the decision-making process and includes the             transferring financial resources to communities and         Digital Democracy                                           Zealand will pilot a “live” policy issue with a higher
     promise that the public’s contribution will influence the   empowering citizens to participate in local                 A 2017 international comparative study concluded that       level of public participation in policy development.
     decision. It promotes sustainable decisions by              development projects.                                       the Dutch government is insufficiently open to public
     recognizing and communicating the needs and                                                                             participation in policy making and direct democracy,
                                                                                                                                                                                         PAPUA NEW GUINEA
     interests of all participants, including decision makers.   ELGEYO MARAKWET COUNTY, KENYA                                                                                           COMMITMENT #5
                                                                                                                             with digital applications in particular being
     It provides participants with the information they need     COMMITMENT #2                                                                                                           Forming State-Society Partnerships
                                                                                                                             underutilized. In response, the Netherlands has
     to engage in a meaningful way and communicates to           Collaborating With Vulnerable Groups                                                                                    In adherence to its constitutional National Goals and
                                                                                                                             committed to supporting democratic processes
     participants how their input affected the ultimate          on Policy                                                   through the piloting of a new digital democracy             Directive Principles, which call for active citizen
     decision. Many OGP members have included                    Due to a lack of secure and accessible spaces,              platform. The digital participation system will be tested   participation in budgetary processes, Papua New
     innovative commitments that promote greater and             vulnerable groups in Elgeyo Marakwet have not been          across 10 to 20 municipalities using both open and          Guinea will develop a national policy on state-society
     more inclusive civic participation. The following are       able to participate in shaping their county’s budget and    closed source tools, while promoting open source as         partnerships. In consultation with government
     examples of commitments on civic engagement in the          policy priorities. This has meant that their most urgent    the programming standard. A primary goal will be to         representatives, a roundtable comprised of civil society
     2018-2020 action plans.                                     needs have not been met. In response, the County            increase the responsiveness of local authorities to         organizations from all 22 provinces will convene
                                                                 Government of Elgeyo Marakwet committed to                  citizen inquiries and to allow for digital consultation     annually and present budget proposals that reflect civil
                                                                 establishing special interest groups for children,          with the public on policy design and implementation.        society priorities. Memoranda of Agreements will be
     CÔTE D’IVOIRE                                               women, youth, and people with disabilities to actively                                                                  signed between local governments and civil society in
     COMMITMENT #2                                               collaborate with public officials to influence              NEW ZEALAND                                                 three provinces, consisting of pledges to include
     Collaborating on the Development of                         government planning, budgeting and policy priorities.       COMMITMENT #5                                               citizens in development and implementation of budget
     Preschools                                                  The county government will aim to achieve the               Deepening Public Participation in Open                      plans.
     In Côte d’Ivoire, the preschool attendance rate is as       “collaboration” level on the International Association of   Governance Reforms
     low as 5% in rural areas, compared to 30% in urban          Public Participation (IAP2) spectrum, incorporating         To date, the majority of public consultations on policy
     areas. Côte d’Ivoire will aim to scale up the number of     citizen feedback in budget and policy decisions while       issues in New Zealand have fallen in the “inform and
     adequate preschool facilities available in rural areas by   providing public explanations where citizen input isn’t     consent” category of the International Association for
     taking a collaborative approach to school facility          used.                                                       Public Participation (IAP2) spectrum, with public
     development. The government will undertake training                                                                     participation occurring late in the policy development
     of community members on topics like financial                                                                           cycle. In 2018, New Zealand committed to launching a
     management and participative monitoring of                                                                              participation guidance decision tool that will assist
     infrastructure projects and procurement. Côte d’Ivoire

10      WHAT’S IN THE ACTION PLANS
Public Services

     The successful provision of critical public services      EDUCATION                                                   and drug data in an open format from over 200            WATER
     – such as healthcare, education, and sanitation, among                                                                primary, secondary and tertiary level health
     others – can shape the relationship that citizens have    CZECH REPUBLIC                                              organizations to regain the public trust. New quality    PARAGUAY
                                                               COMMITMENT #4.3                                                                                                      COMMITMENT #12
     with their governments, as well as their trust in the                                                                 assessment tools will let citizens see how health
     system. Representing large portions of government
                                                               Open Education Data                                         organizations are performing and whether they’re
                                                                                                                                                                                    Digital Platform for Water and
     budgets, public services should not only respond to       The Czech Republic committed to launching the               achieving positive patient outcomes.                     Sanitation Systems
     the needs and preferences of citizens, but should also    Ministry of Education, Youth and Sports Departmental                                                                 To improve the quality and availability of clean drinking
     be transparent, efficient, and accessible by all.         Information System (MEYS DIS), which will act as a                                                                   water and sanitation services throughout the country,
     Integrating open government principles in service         platform for the publication of education system data in    INFRASTRUCTURE                                           Paraguay will adopt the SIASAR (Rural Water and
     delivery can direct public investments where they are     an open format. A variety of qualitative and quantitative   SEKONDI-TAKORADI, GHANA                                  Sanitation System) digital platform. The online tool will
     needed, expand the reach of the services, enable          data relating to the current number of school facilities,   COMMITMENT #1                                            allow for public monitoring and evaluation of open data
     feedback mechanisms, and allow citizens to monitor        students, teaching and non-teaching staff, classes,         Adopting the Cost Infrastructure Data                    on local water supply and rural sanitation systems. A
     the delivery and quality of the services. The following   departments, school equipment, and more will be             Standard                                                 working group made up of representatives from
     are examples of commitments on public services in the     publicly available through MEYS DIS. The new system         Seeking greater participation of citizens in the         non-governmental organizations, municipalities, and
     2018-2020 action plans.                                   will vastly improve the accessibility of education data     infrastructure planning process and improved public      donor groups will oversee the promotion and uptake
                                                               to citizens, which had existed largely in aggregated        understanding of procurement data, Sekondi-Takoradi      of the tool throughout the country.
                                                               formats or was only viewable if first publicly requested.   will adopt the global Construction Sector Transparency
                                                                                                                           (CoST) Infrastructure Data Standard. The government
                                                               HEALTH                                                      will develop and launch a digital geo-spatial
                                                                                                                           information platform to openly publish infrastructure
                                                               KYRGYZ REPUBLIC
                                                                                                                           project procurement and implementation documents.
                                                               COMMITMENT #3
                                                                                                                           The city will also increase the involvement of its
                                                               Performance Transparency in Health
                                                                                                                           citizens in infrastructure planning, including needs
                                                               Systems                                                     assessments, site selection and project design. Two
                                                               In 2017, the health system in the Kyrgyz Republic           hundred local “community champions” will undergo
                                                               received a public trust index score far lower than most     training to better understand public infrastructure
                                                               other government agencies. A lack of health budget          information and use it to demand greater
                                                               transparency has been a major avenue for corruption.        accountability.
                                                               The government has committed to developing new
                                                               regulations to prompt the publication of health budget

12      WHAT’S IN THE ACTION PLANS
Multi-Donor Trust Fund
     Enhanced Co-Creation
     Support

     With the support of development partners and the          ARMENIA                                                    of public distrust in government, São Paulo committed
     World Bank, OGP has established the Multi-Donor           COMMITMENT #3                                              to integrating the digital systems containing data on
     Trust Fund (MDTF) and awarded the first set of grants     Beneficial Ownership Register Helps                        public contracts, bidding and budgetary execution into
     in 2018. The OGP MDTF supports participating country      Close the Enforcement Gap                                  a single online portal. The newly centralized data will
     and local members in co-creating and implementing         A lack of transparency requirements for the beneficial     be published in an open format, and the city will train
     OGP commitments and action plans, and generating,         owners of legal entities in Armenia has undermined         citizens to better understand their capabilities for
     curating and disseminating knowledge on open              existing laws prohibiting public officials from engaging   oversight of the bidding processes.
     government reform. Nine OGP members were                  in business activities. In consultation with
     selected for co-creation support in 2018. Through this                                                               TUNISIA
                                                               representatives from civil society and the private         COMMITMENT #7
     program, awardees were provided support with the          sector, the Armenian government committed to
     goal of involving a broader range of domestic actors in                                                              Open Contracting in Hydrocarbons
                                                               launching an open beneficial ownership register,
     co-creation, developing a more inclusive process,         adhering to the internationally established Beneficial     Contracting in the hydrocarbon sector in Tunisia is
     strengthening government ownership, improving             Ownership Data Standard. The new register will be          often characterized by immense complexity, which can
     prioritization of relevant themes, and increasing         piloted with beneficial owners of companies involved       act as a barrier to transparency and good governance
     commitment ambition. The following are examples of        in metal mining, one of the largest industries in the      of oil and gas resources. Tunisia committed to revising
     commitments from the MDTF co-creation support             country.                                                   its hydrocarbon legal framework and publishing
     recipients in the 2018-2020 action plans.                                                                            contract data through the entire selection process in
                                                               SÃO PAULO, BRAZIL                                          an open format. The Advisory Committee on
                                                               COMMITMENT #5                                              hydrocarbons will also publish meeting minutes, and
                                                               Restoring Public Trust Through Budget                      the government will publish data on companies
                                                               and Bidding Transparency                                   contracting with the state and the Tunisian Enterprise
                                                                                                                          of Petroleum.
                                                               Data on the contract bidding processes and budget of
                                                               São Paulo City Hall are disclosed on a variety of
                                                               decentralized portals and online systems, often in
                                                               closed formats, or are missing entirely. Recognizing
                                                               obfuscation of budget and spending data as a source

14      WHAT’S IN THE ACTION PLANS
Open Government Partnership brings together government
reformers and civil society leaders to create action plans that
make governments more inclusive, responsive and accountable.

     www.opengovpartnership.org

     @opengovpart

     @OpenGovernmentPartnership

     @opengovpartnership
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