Tag Archives: RTI

The OGP, Civil Society and Power: Why #CSOday missed its mark

Yesterday in the University of London student union building, civil society organizations (CSOs) from around the world that are participating in the Open Government Partnership (OGP) gathered to prepare for today and tomorrow’s OGP summit.

There was much that was good about Civil Society Day (#CSOday). Old acquaintances reconnect and some new connections were forged. There were many useful exchanges of best practices and shared challenges and even some fun moments – such as singing led by transparency activists from the sub-continent who regularly put their lives on the line.

However with an evenings reflection I feel increasingly that the day represents a missed opportunity.

Not discussed – at least in the sessions I attended – was the more basic question of: Is this working for us? And if no, what should we do about it. Perhaps still more important was using the time to ask: How can the civil society participants use one another and the OGP to build power to advance their goals?

What – in retrospect – might have been the session most likely to trigger this conversation, the “What can civil society do to push ambition on Open Government?” did spark a brief discussion about if and how civil society organizations may exit the OGP if the process is not serving their needs. It also generated a brief acknowledgement that the OGP processes could be revisited. But ultimately the conversation felt unambitious. Something that, as an audience member, was as much my fault as anyones.

Indeed the entire day, the sessions felt like mere prologues/duplications of the sessions that are occurring during the OGP. Coalitions were not formed. Misunderstandings not broken down. Progress was made, but at was best iterative, not transformative.

Again, the CSO’s in my mind, need to start thinking about how the OGP can help them build power. I think, until now, we’ve believed that the secretariat and the processes would do that for us. It does – but likely not enough to generate the type of action many are looking for. Worse, the OGP is probably unlikely to have a single failure moment – rather the CSOs might slowly start drifting away quietly, if they feel it does not serve them. This makes figuring out more about how the OGP can serve CSO’s – particularly more local ones – all the more important.

I am perhaps, alone in thinking this. But if not, I offer one proposal about how we could build power.

A Brief Diagnosis

A core part of the problem is that while the heads of states can regularly generate media by simply meeting within the context of the OGP, it is much harder for civil society. I – and some I talk to – feel like this void should be filled by the steering committee – and particularly its CSO members. However, they appear constrained in what they can say and do. This manifests itself in three ways:

  • First, it appears the steering committee is unable to speak out against – and attract attention to – countries that are clearly moving backwards on their commitments.
  • Second, there appears to be limited capacity to challenge new entrants who cause many CSOs to feel uncomfortable. This includes Russia (who ultimately opted not to join) and Argentina, which many Latin American CSOs feel has been particularly egregious in systemically limiting freedom of expression. Membership has privileges, it endows on countries some social license and impacts the OGP brand in other countries – barriers to entry matter.
  • Third, the steering committee seems to have done little to attract international and/or national attention to Independent Reporting Mechanism reports – a third party report that assessed governments’ progress against their goals. Fears that the IRPs would be watered down seem to have been misplaced. According to many the IRPs are fair, balanced and in many cases quite critical. This is fantastic. The feat now is that poor IRP reports are not creating neither attention nor pressure for change.

It may not be the role of the steering committee to draw attention to these issues. I feel it is. Either way, it needs to be someone’s role. I want to be clear, I don’t believe the CSOs steering committee members have been negligent – I know they are diligent and effective CSO partners. Rather I believe there are some norms, and even hard structural barriers that prevent them from speaking out or pushing the steering committee as a whole to speak out on these issues.

Thus I suggest that the CSOs do the following.

A Suggestion

First – create a committee of highly respected CSO members that most members believe can, in specific circumstances, speak on behalf of the global CSO community. Normally I’d advocate that the members of each regional committee caucus until they decide on who that person can be. However, perhaps in the interim, we should just pick some that are appear to be widely respected. I’ve not consulted with any of these people – so mentioning them is just as likely to embarrass them – but I might nominate: Alison Tilley (South Africa), John Wonderlich (United States),  Emmanuel C. Lallana (Philippines), Felipe Heusser (Chile), Helen Darbishire (Europe). There is a imperfect list and is limited by people I’ve met and heard others speak about in positive terms. The key thing is to not get bogged down – at this time – with the selection process (at this time).

Second – a common mailing list where if, at any point, a national group of CSOs feel like their country is backsliding on its commitments or failing to live up to the OGP in a significant way, they could raise their concern with this committee.

Third – if, after some deliberation both within the committee and across the CSO community in general it was felt that there was a serious problem, this committee could issues statements on behalf of the CSO community. I could be wrong, but it would be nice to think that a collective outcry from the world’s leading CSO’s in transparency, governance and government reform might focus some (hopefully embarrassing) international media on the situation and put this issue on the agenda in various diplomatic circles. This committee might also bang the drum more aggressively in the international media about poor IRM reports.

I’ll be absolutely transparent about the goals here. Directly, the idea is to make the OGP process empower more CSO’s – hopefully the local one in particular. Indirectly however, the underlying hope to put pressure on the OGP governance and culture to remove any barriers that currently prevent CSO steering committee members from speak out as a group about various issues. If we succeeded in this, we could abandon this idea and concentrate on new ways to create power. And, if this had not come to pass, we could then formalize the committee and make it more permanent.

I don’t claim this model is perfect, and would invite feedback and or suggestions for alternatives. But I would love for the CSOs to starting thinking about how they can leverage the community the OGP has created to foster power to enable them to challenge governments more effectively.

Moreover, I think many governments would like it. Indeed, after floating this idea past one government official, they commented “We would like the CSOs to push as more. We want to do more and need to have a political environment in which that pressure exists. It helps us.” Perhaps not true of every government – but we have allies.

Government Procurement Reform – It matters

Earlier this week I posted a slidecast on my talk to Canada’s Access to Information Commissioners about how, as they do their work, they need to look deeper into the government “stack.”

My core argument was how decisions about what information gets made accessible is no longer best managed at the end of a policy development or program delivery process but rather should be embedded in it. This means monkeying around and ensuring there is capacity to export government information and data from the tools (e.g. software) government uses every day. Logically, this means monkeying around in procurement policy (see slide below) since that is where the specs for the tools public servants use get set. Trying to bake “access” into processes after the software has been chosen is, well, often an expensive nightmare.

Gov stack

Privately, one participant from a police force, came up to me afterward and said that I was simply guiding people to another problem – procurement. He is right. I am. Almost everyone I talk to in government feels like procurement is broken. I’ve said as much myself in the past. Clay Johnson is someone who has thought about this more than others, here he is below at the Code for America Summit with a great slide (and talk) about how the current government procurement regime rewards all the wrong behaviours and often, all the wrong players.

Clay Risk profile

So yes, I’m pushing the RTI and open data community to think about procurement on purpose. Procurement is borked. Badly. Not just from a wasting tax dollars money perspective, or even just from a service delivery perspective, but also because it doesn’t serve the goals of transparency well. Quite the opposite. More importantly, it isn’t going to get fixed until more people start pointing out that it is broken and start contributing to solving this major bottle neck of a problem.

I highly, highly recommend reading Clay Johnson’s and Harper Reed’s opinion piece in today’s New York Times about procurement titled Why the Government Never Gets Tech Right.

All of this becomes more important if the White House’s (and other governments’ at all levels) have any hope of executing on their digital strategies (image below).  There is going to be a giant effort to digitize much of what governments do and a huge number of opportunities for finding efficiencies and improving services is going to come from this. However, if all of this depends on multi-million (or worse 10 or 100 million) dollar systems and websites we are, to put it frankly, screwed. The future of government isn’t to be (continue to be?) taken over by some massive SAP implementation that is so rigid and controlled it gives governments almost no opportunity to innovate. And this is the future our procurement policies steer us toward. A future with only a tiny handful of possible vendors, a high risk of project failure and highly rigid and frail systems that are expensive to adapt.

Worse there is no easy path here. I don’t see anyone doing procurement right. So we are going to have to dive into a thorny, tough problem. However, the more governments that try to tackle it in radical ways, the faster we can learn some new and interesting lessons.

Open Data WH

Access to Information, Technology and Open Data – Keynote for the Commissioners

On October 11th I was invited by Elizabeth Denham, the Access to Information and Privacy Commissioner for British Columbia to give a keynote at the Privacy and Access 20/20 Conference in Vancouver to an audience that included the various provincial and federal Information Commissioners.

Below is my keynote, I’ve tried to sync the slides up as well as possible. For those who want to skip to juicier parts:

  • 7:08 – thoughts about the technology dependence of RTI legislation
  • 12:16 –  the problematic approach to RTI implementation that results from these unsaid assumptions
  • 28:25 – the need and opportunity to bring open data and RTI advocates together

Some acronyms used: