newsletter 20. local governance and decentralization
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April - May 2012TRANSCRIPT
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No. 20
April – May 2012
Regional Centre LAC
In this Issue Viewpoints Highlights Article – Results of a Governance Survey: Local Citizen
Participation Event - New Methodologies Towards the Increase in
Political and Electoral Participation of Indigenous Women and Youth
Thematic Web Site Golstat Welcome
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Access to Information: Analyzing some Challenges and Dilemmas from a Democratic Governance Perspective
Local Governance and Decentralization
During the past three decades a wave
of democratization has swept across
countries in different continents. Yet
most new democracies are still dealing
with an array of accountability and
transparency challenges and dilemmas.
For example, some public affairs are
still managed and/or implemented with
high levels of opacity; public
information is more available, but the
architecture to ensure wider
dissemination is still limited; citizens
are not using their right to access
information in more constructive ways;
and is still a challenge to balance the
need to be transparent with the need
to protect personal data. It is not
surprising that along with the
democratization wave, during the past
three decades there has also been a
surge of Freedom of Information Laws
(FOI Laws). A decade ago, only a
handful of nations had specific
legislation that guaranteed the right of
citizens to access public information.
During the last decade, more countries
have adopted Freedom of Information
laws than in any other period in recent
history. According to
www.right2INFO.org as of January
2012 nearly 90 countries had passed
FOI laws. In the Latin American and
Caribbean region, nearly 20 countries
have passed FOI laws (Antigua &
Barbuda, Belize, Brazil, Chile, Colombia,
Dominican Republic, Ecuador, El
Salvador, Guatemala, Honduras,
Jamaica, Mexico, Nicaragua, Panama,
Peru, St. Vincent & Grenadines,
Trinidad & Tobago, and Uruguay), and
in other countries there are
presidential decrees on freedom of
information (Argentina and Bolivia).
The laws which have been adopted
vary considerable in terms of depth
and scope and the extent to which
access to information is guaranteed in
practice. And more than the number
of FOI Laws, the main and most difficult
challenge is one of implementation. As
was recently reflected in the
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Third International Seminar on the
Impact of the Right to Access to
Information held in Chile, and the
UNDP study on Access to Information
(which analyzed the implementation of
Laws in 8 case studies), analyzing
countries´ experience with
implementation, provides a number of
inputs to understand the challenges.
Freedom of information has long been
recognized as a basic human right.
Article 19 of the Universal Declaration
of Human Rights (1948) explicitly states
that everyone should enjoy freedom of
opinion and expression, including the
right to “seek, receive, and impart
information and ideas.” In addition,
freedom of information is also about
having access to the widest possible
diversity of points of view on a
particular issue. As such, FOI laws go
beyond the rights of freedom of
expression, embracing a fundamental
premise of democratic governance: the
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notion that the government apparatus
and its public entities hold information
not for themselves but as guardians of
a public good, and that this information
must be accessible to citizens. Without
information, citizens cannot effectively
exercise their political participation
rights and their obligation. Rights to
information can consist of three main
elements: (1) to seek and receive
information, (2) to inform and (3) to be
informed.
An informed citizenry is a critical
condition of democratic governance.
Citizens need access to the information
upon which decisions rest as well as
relevant information about the output
and consequences of national and sub-
national government policies.
Moreover, citizens also need to have
the opportunity to voice their opinions,
to influence choice among possible
policy outcomes and to reward or not
public officials accordingly. FOI laws
promote transparency, which in turn
subjects elected officials to greater
scrutiny from their constituencies, and
therefore potentially can generate
greater levels of accountability. As
such, FOI laws can be a major
anticorruption tool. Journalists and Civil
Society Organizations (CSOs) can use the
right to access information to monitor
public policies, to hold policy makers
accountable and expose wrongdoings.
FOI laws can provide a baseline of
factual information, rather than having
journalists and CSOs rely solely on
speculation and/or being manipulated
by political forces. In short, FOI Laws
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have important practical, not just
theoretical implications to enhance
democratic governance.
FOI laws are important because they
provide more specific means to ensure
and uphold the public’s right to know
and the government’s obligation to
inform. Nonetheless, by themselves,
FOI laws do not necessarily guarantee
a more open, transparent and
accountable democratic government.
That is, they are a necessary, but not
sufficient condition for strengthening
democratic governance. FOI laws
might be excellent on paper, but they
are limited unless they are rooted in an
enabling environment that allows for
their full implementation. The latter
includes ensuring sufficient
institutional, technological and human
resources as well as the political will
on the part of the government to
disclose information and the capacity
of citizens to request public
information, understand and analyze
the information provided. This explains
why often trust in government,
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transparency and accountability do not
automatically increase due to the
introduction of FOI laws. Often real
access to information remains
circumscribed by the vagueness and
interpretability of the laws,
cumbersome bureaucratic procedures,
frequent reluctance by government
officials to provide access to
information, and judiciaries’ failure to
enforce the legal frameworks. The very
same goals of FOI laws could
undermine its real impact, as requests
obtained through FOI laws can help
obtain information about policy failures
and/or perceived injustices, while
requests not granted could only serve
to reinforce perceptions of secretive
and opaque government.
As was evidenced in the Third
International Seminar on the Impact of
the Right to Access to Information held
in Chile, and the UNDP study,
previously mentioned, adopting and
implementing FOI laws generally
require three minimum conditions: 1) a
level of political will and domestic
and/or international pressure sufficient
to lead policy-makers to facilitate
and/or guarantee access to
information; 2) a fairly well developed
civil society, with sufficient capacity to
mobilize support and use FOI laws
effectively to promote increased
transparency and accountability; and 3)
an institutional structures with
sufficient capacity to respond
appropriately to citizen requests.
CCoonnttiinnuuaattiioonn ooff VViieewwppooiinnttss Access to Information: Analyzing some Challenges and Dilemmas from a Democratic Governance Perspective
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CCoonnttiinnuuaattiioonn ooff VViieewwppooiinnttss Analyzing some Challenges and Dilemmas from a Democratic Governance Perspective
Similarly, the Third International
Seminar on the Impact of the Right to
Access to Information held in Chile, and
the UNDP study on Access to
Information, have highlighted key and
important policy issues regarding
access to information. For example,
defining clearly the
responsible/guarantor entity and its
responsibilities, as well as giving it
autonomy and enough resources to
guarantee its management, financial
and operational capacities. Also
important are public policies to
manage and archive/file information,
and the use of information
technologies, beyond computer and
web based platforms. Also key is
promoting a transparency culture
beyond the right to request
information, such that freedom of
information becomes part of every
institutional routine. In this way,
citizens’ requests are only a link in a
more sophisticated chain of
transparency-- that ensures a more
proactive access to information
through open government and
participatory budget among others—
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and in turn articulates with other
accountability mechanisms. Also
important is mainstreaming and/or
creating a deliberate strategy to build
“transparency capacities” in the
education sector, in political life and in
sub-national governments.
A final but central question for the
implementation of FOI laws is the
strength and independence of the
judiciary. While the creation of
independent information agency might
be a way of easing access to information
without resorting to the courts, in the
end, when information is neglected for
whatever reason, the appeals end in the
courts. The effective transition to a
culture of transparency is
institutionalized when an independent
and credible justice system exists.
As with any other piece of legislation,
FOI laws are not static documents; they
keep changing depending on new
political issues emerging in the public
arena, the emergence of new political
actors, technological changes, and
shifting political coalitions. These can
be critical areas for policy and
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programming. While it is important for
access to public information to be
acknowledged in specific law, its
effectiveness entails a public policy that
secures not only a normative
framework, but also a responsible
/guarantor entity, procedural
adjustments to the public
administration system, and to those
institutions that are responsible for
information. However, such an
institutional framework would be
useless without an extensive
awareness campaign of this right, not
only among citizens, but also among
public servants. The final goal should
be to build a culture of transparency,
both for governments (that feel
obligated to make their information
public not only because they feel
watched), and for citizens (that know
and exercise their right).
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The Local Economy: The Functions of
Development Agencies
Clark Greg, Huxley Joe and Mountford Debra
CAF y OECD
Public Policies and Productive Transformation
Series N° 2, 2012.
This study departs from the premise that the objective of local
development is to build institutional and productive capacities of a
defined territory, to improve their economic future and quality of life
of its inhabitants. In this direction, an effective local development can
contribute to reduce disparities, create jobs and multiply enterprises,
among other institutional benefits. In this context local development
agencies play a key role. The study makes a conceptual introduction
to local development agencies, identifies how local development
agencies are structured, what their role in the economy is and what
are those activities that bring added value. This study analyzes the
cases of local development agencies in Barcelona, Bogota, Curitiba
and Bilbao. Similarly, the study contextualizes and defines the
functions that the local development agencies have, the success
factors and the constraints associated with their operations. A central
issue is to establish a clear institutional framework and strategy for
the proper functioning of the agencies, between local governments
and regional partners. The study concludes that the success of local
development agencies lies in the ability to consolidate the various
efforts of different actors and their ability to focus the work in those
niches where existing interventions can have an impact.
[To download click here] Sub-national Revenue Mobilization in Peru Canavire-Bacarreza Gustavo, Martínez-Vázquez Jorge and Sepúlveda Cristián Inter-American Development Bank 2012 This paper examines the status of sub-national revenue mobilization
in Peru and proposes a series of policy reforms to improve collection
performance, while maintaining a sound revenue structure.
Specifically, the paper analyzes the current revenues of regional and
municipal governments and identifies the main priorities to reform.
These revenues represent a significant portion of sub-national
budgets and currently are distributed without considering the
relative expenditure needs or fiscal capacity of sub-national units. To
solve this problem, the paper proposes the incorporation of a
measure of fiscal capacity in the formula of the FONCOMUN (Fondo
de Compensación Municipal), the fund established in the Peruvian
Constitution, to promote municipal investments using redistribution
criteria in favor of rural-urban marginalized regions throughout the
country.
To download click here]
Good Practices of Transparency and Social Accountability in which Civil Society Organizations (CSOs) Take Part Arias Alicia Grupo Faro / CEDA. Quito, Ecuador, 2011.
The study systematizes 15 best practices on transparency and
accountability implemented by Civil Society Organizations (CSOs) that
illustrate different possible scenarios for intervention to strengthen the
legitimacy, transparency and social accountability at individual or
collective level, and in partnership with the State. This systematization
begins with the recognition of the role of CSOs in public administration,
demanding higher levels of citizen participation in policy making and in
monitoring the actions of the State. The systematized experiences are
divided into three thematic categories: 1) Best Practices on
Transparency and Accountability at the international level, 2) Best
Practices on Transparency and Accountability in CSOs in Ecuador, and
3) Best Practices on Transparency of joint work between the State and
CSOs. Every experience systematized contains information about the
institution that coordinates the activity, objectives of initiative,
methodology used, key activities and results.
[To download click here]
Political Awareness, Corruption Perceptions and Democratic Accountability in Latin America Jason Ross Arnold L. Douglas Wilder School of Government and Public Affairs, Virginia Commonwealth University 2012
The document argues that effective citizen monitoring of
government officials depends on accurate corruption perceptions,
which depends on the degree to which citizens are politically
informed. Citizens in Latin American at different levels of political
awareness have very different perceptions of corruption in their
countries. Through a statistical analysis of ten Latin American
countries (Bolivia, Colombia, Costa Rica, Ecuador, El Salvador,
Guatemala, Honduras, Mexico, Nicaragua and Panama) the study
shows that citizens’ corruption perceptions are clearly shaped by
their level of political awareness, which is best measured using well-
constructed indices of political knowledge. One of the first steps to
reduce corruption through accountability mechanisms is to show
citizens, the severity of the corruption problem. The study
concludes that policymakers must contend with widespread public
ignorance as an obstacle to controlling corruption, since in Latin
America, as with much of the world, citizens typically do not have
the motivation, opportunity or ability to acquire much political
information.
[To download click here]
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The UNDP Country Office in Colombia is committed to
promote and strengthen the key role civil society has to
monitor and oversee their public servants and
institutions, so citizens can have more and better
opportunities to lead the kind of lives they value. While
it is recognized that citizens´ quality of life is a task that
involves a number of actors (all levels of government,
the private sector, the academic sector, social
organizations and the citizens), in Colombia there is a
particular emphasis on local governments
administrative capacity because they are responsible
for the design and implementation of development
plans, as well as the provision of public services (such as
potable water, sanitation and health, among others),
that are key to the Millennium Development Goals
achievement.
In this way, UNDP in Colombia supports the processes
of strengthening governance at the local level in
different cities of the country. In this support
framework, and for the specific case of the Municipality
of Cartagena, a survey was developed and
implemented to find out the way citizens perceive
some aspects that impact their quality of life.
This survey, with a representative sample by
neighborhoods, socio-economic level and sex, was
applied last February (2012), two months after the
installation of the new Mayor elected democratically
with over 54% of the votes. As such, the survey results
could generate valuable information about Cartagena´s
needs and challenges, complementing the analysis of
technical indicators and providing more tools to the
Municipal Government for the formulation of its four-
year navigation route- the Development Plan - and
public policies.
What do these results show?
The data collected and analyzed show as a result an
optimistic Cartagena, because little more than half of
the citizens of Cartagena a (53 %) believes that things
in the municipality are on the right direction. Also the
majority of the population (77%) feels proud of their
municipality 65% of the neighborhoods where they
live.
At the same time 8 out of 10 citizens believe that their
condition of life will improve over the next twelve
months. The contrast of these results with those
obtained, for example, in Bogota is evident, since in
the capital of Colombia only 30% of the citizens feel
that things will progress positively, and only a little
more than half is proud of their municipality.
Similarly, in general, the results of the survey show a
growing distrust with the outgoing government, since
the respondents do not give high scores to the Mayor
and City Council.
That mistrust of local representatives could be the reason
for the decline, between 2007 and 2012, of citizen's
participation rates in "spaces of dialogue" that the Law
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AArrttiiccllee
Results of a Governance Survey: Local Citizen Participation, by Marco Stella*
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makes available, such as Local and District Councils of
Planning, and the Social Policy Council. However,
although the index has decreased, approximately half
(52%) of those surveyed said that they have worked or
are working to resolve problems in their community,
which reflects an important attitude to enhance
community participation.
With regards to knowledge about participation means
and spaces in the municipality (of a total of 16), those
who have greater recognition are the following: the
Communal Action Councils - Juntas de Acción Local
Comunal- (79% ); the Communal Action Councils
Federation - Federación Distrital de Juntas de Acción
Comunal- (36% ); the District Committee for Displaced
Persons - Comité Distrital de Desplazados (32% );
Municipal Accountability Sessions- Espacios de
Rendición de Cuentas de la Alcaldía -(27% ); and the
Community Councils of Afro-Cartagenian Communities
- Consejos Comunitarios de Comunidades Afro-
cartageneras (26% ).
In spite of knowledge about participation means and
spaces in the municipality, the results of the survey
indicate a low citizen participation rate in these. For
example, in the case of the Communal Action Councils
and the Communal Action Councils Federation, only
16% of the respondents said that they had participated.
At the same time, only 10% of respondents say that
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they had participated in the Municipality Accountability
Sessions, 9% in the Community Councils of Afro-
CartagenianCommunities, and 8% in the District
Committee for Displaced Persons.
Another interesting issue that comes out of the results
of the survey is the means or sources of information
that are used to find out about the events and
processes that are carried out in the municipality, and
to find out about public decision-making processes and
meetings. For both cases, 78% and 52% respectively,
television is the main source of information. The local
media, newspapers and local radio stations, occupy the
second and third place respectively. To inform about
processes and events that are carried out in the city,
60% of respondents mentioned the local press and 43%
local radio stations. With regards to public decision-
making processes and meetings, 28% of respondents
use the local press and 25% the local radio stations.
Finally, in the survey the citizens of Cartagena
established the following priorities for improving the
municipality: 1) the generation of employment, 2)
greater security, and 3) the reduction of corruption. In
this way, these will be the challenges for the newly-
installed District Administration and other institutions,
both public and private to make La Heroica Cartagena a
better place to live.
CCoonnttiinnuuaattiioonn ooff AArrttiiccllee Results of a Governance Survey: Local Citizen Participation*
* Local Governance Officer UNDP-Colombia
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New Methodologies towards the Increase in Political and Electoral Participation of Indigenous Women and Youth,
by Ferran Cabrero *
GPECS-UNDP organized the first BRIDGE workshop in
Latin America and the Caribbean with special emphasis
in gender and intercultural dialogue. Since early 2011,
UNDP is implementing in Latin America and the
Caribbean the Global Programme for Electoral Cycle
Support (GPECS) through the Bureau for Development
Policy (BDP), and the Democratic Governance Practice
Area of the Regional Bureau for Latin America and the
Caribbean (RBLAC), and with the support of the Spanish
Cooperation Agency (AECID). In the region, the
program focuses entirely on developing initiatives to
promote political and electoral participation of
indigenous people, particularly women and youth in six
priority countries: Mexico, Guatemala, Nicaragua,
Ecuador, Peru and Bolivia.
From the beginning this program has made progress in
close consultation and collaboration with indigenous
organizations and leaders -including members of the
Indigenous Permanent Forum- and jointly with UN
Women and other UN agencies. The Program
promotes the strengthening of various regional and
subregional networks of indigenous organizations,
particularly women, and promotes strategic
partnerships and South-South cooperation between
electoral institutions of the region, which has already
yielded its first outcomes in the cooperation between
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Mexico´s electoral institutions (Electoral Federal
Institute -Instituto Federal Electoral IFE- and Federal
Electoral Tribunal of the Judiciary -Tribunal Electoral
del Poder Judicial de la Federación –TRIFE) and the
new Supreme Electoral Tribunal - Tribunal Supremo
Electoral (TSE) of Bolivia. It also supports capacity
building of indigenous leaders, particularly women
and youth, and public servants, in collaboration with
UNDP´s Virtual School and regional indigenous
organizations.
GPECS-LAC is part of the so called “capability
approach” (associated with the concept of human
development), and focuses on women and young
people as they are also shaped by the broader human
rights approach. This approach becomes operative to
develop the capacities of both, rights holders
(citizens), as well as of those who have the obligations
(the State), at national and sub-national levels. In the
GPECS project document the priority is given to:
“Supporting regional knowledge networks to promote
indigenous participation at national and sub-national
electoral processes, especially for women and young
people, and in consultation with them.” More
specifically, the project aims to promote “…training
initiatives to build capacities in political participation
and electoral national and sub-national cycle
programming for indigenous people, especially
women and youth, professional practitioners and
electoral management bodies.”
The BRIDGE methodology (not as widespread in Latin
America and the Caribbean, http://bridge-
project.org/) is a valuable means to promote skills in
political participation and electoral cycle programming
for both citizens and public servants. In this context,
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from the 12th to the 23rd of March in Granada,
Nicaragua, the UNDP´s GPECS-LAC Programme
implemented the Regional Training of Trainers,
“Building Resources in Democracy, Governance and
Elections,” BRIDGE Workshop. The workshop was
inaugurated by the United Nations Resident
Coordinator in Nicaragua, Pablo Mandeville; the
Country Director of UN Women, Isolda Espinosa; by
the GPECS regional team composed of Miguel Alonso
Majagranzas and Ferran Cabrero. The workshop also
benefited from the special participation of the
President of the Permanent Forum of the United
Nations on Indigenous Issues, Mirna Cunningham.
The workshop, a joint initiative between UNDP and
UN Women, was an opportunity to target a group of
trainers on political participation and electoral cycle
for Latin America and the Caribbean, with particular
emphasis on gender, youth and indigenous
organizations. Based on the GPEC´s strategy to
develop capacities using a cascade approach in various
countries through the national electoral commissions
and the indigenous organizations and civil society in
general, it is important to invest in a group of these
characteristics to promote citizen participation in the
elections and national and sub-national political
processes, and especially the participation of actors
historically excluded, such as indigenous people.
More concretely, the aim of the workshop was to train
16 BRIDGE trainers to be the focal points and leaders
of political and electoral training using this
methodology in their respective institutions/
organizations and countries of Latin America and the
Caribbean. The presence of diverse participants, who
were from civil society, state institutions, as well as
the United Nations system, enriched the discussions
and the learning process. In addition to being the first
BRIDGE workshop with these characteristics in the
region, the synergies generated by the two week
event, were extremely positive, in that it encouraged
regional alliances and networking, and the realization
of an unprecedented product: the first draft of a
future module of intercultural dialogue, the number
24 of the international BRIDGE methodology for the
election cycle.
CCoonnttiinnuuaattiioonn ooff EEvveenntt
New Methodologies towards the Increase in Political and Electoral Participation of Indigenous Women and Youth, by
Ferran Cabrero *
*BDP/RBLAC Regional Expert, Democratic
Governance Practice Area, UNDP
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According to the Access to Information and
Protection of Personal Data Institute of the
Federal District in Mexico Annual Report, in
2011 the number of requests for information
was 89.610, which means an increase of 3.9%
over the requests received in 2010. By
thematics, the information required by
applicants was the following, the majority
were about Acts of government (21%),
Programmatic, budgetary and financial
(15.5%), Internal organization (12%),
relationship with society (12%), regulatory
(7%), Reports and Programs (20%), and other
(12%). Of the 89,610 requests made by
citizens, 94% were admitted and treated, 5%
were canceled because the applicant failed to
respond to requests for more information and
clarifications to the request, and 0.5 were
canceled by the requester and/or were
pending respectively. Nearly 60% of the
requesters were between 20-39 years of age.
And, 68% of all requests came from men, while
32% from women.
Visit Our Web Site
Walk21 promotes the development of sustainable, healthy
and efficient communities, where people can choose
walking instead of other forms of transport. Walk21 aims
to meet the growing demand for governments,
researchers and professionals, creating an international
platform for inclusive discussion topics related to walking,
and advocating for this kind of mobility at the political and
policy levels. In the website one can find information
about Walk21 conferences, and calls for the upcoming
International Conference about Walking and Sustainable
Cities, which will be held in Mexico City from September 3
to October 4, 2012. The website also has documentation
on the topics of inclusive mobility, architecture and
design, planning and sustainable development, among
others.
We are pleased to welcome Luis Ruiz-Giménez, who since March has
incorporated to the Democratic Governance Team in the Regional
Centre. Born in Catalonia, Luís Ruiz-Giménez has a degree in Political
Sciences from the Universitat Pompeu Fabra, in Barcelona. He obtained
a Master Degree in International Relations from the Institut Barcelona
de Estudis Internacionals, with a specialization in Development Policies
and Programmes.
Luís Ruiz-Giménez has collaborated with the UNDP Country Office in El Salvador in the coordination of the
Political Analysis and Prospective Scenarios Project –PAPEP-. Prior he worked for two years in the Social
Services Department of the Catalonian Government, coordinating knowledge management projects.