Understanding Open Government Standards

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opengovstandards.org/

Transparency

Participation

Accountability

The Open Government Standards is an idea that came about in April 2012, coinciding with the presentation of the OGP national Action Plans. Their contents were extremely varied and did not always relate to Open Government. After seeing the mixed content of these documents,

Access Info Europe with Álvaro Ramírez-Alujas, Nagore de los Ríos and other Open Government experts, decided to begin a process to define what Open Government meant from civil society’s point of view.

This initiative wants to determine the meaning of Open Government and the specific measures that an open government policy should contain to avoid the confusion with other concepts (such as good government, e-government, efficient government etc).

This project was open a consultative process with civil society on the Standards, with the objective of presenting them at the next OGP meeting in London, Autumn 2013.

See more at: http://www.opengovstandards.org/

Transparency means that information about the activities of public bodies is created and is available to the public, with limited exceptions, in a timely manner, in open data formats and without restrictions on reuse.

Transparency mechanisms must include the disclosure of information in response to requests from the public and proactive publication by public bodies. Key information about private bodies should be available either directly or via public bodies.

Participation means that the public can engage directly in the consideration of policy options and decision making, and can contribute ideas and evidence that lead to policies, laws, and decisions which best serve society and broad democratic interests. Governments should actively seek to mobilise citizens to engage in public debate. Mechanisms should exist which permit the public to participate at their own initiative and to trigger policy debates on matters of concern.

An accountable government is one which makes itself answerable to the public, upholding standards of behavior and integrity, and both explaining and taking responsibility for its decisions and actions. Accountability requires that rules, regulations and mechanisms be in place governing the exercise of public power and the spending of public funds. Specific and detailed measures are required to reduce corruption risks, to identify and prevent potential conflicts of interest, and to guard against illicit enrichment. There should be protections for those who expose wrongdoing.

The standards for transparency cover the following areas:

1. Right to Know

2. All information, All public bodies

3. Access is the rule, Secrecy is the exception

4. Proactive publication

5. Free of charge and free for reuse

6. Open formats

7. Compilation of information

8. Independent review mechanism

Standard: That governments recognize the fundamental right of the public to access information, with limited exceptions, and that they make information available in response to requests and proactively.

Access to information is a fundamental right that has been recognized as such by international human rights tribunals and at least 50 constitutions around the world. This right is has been linked to the fundamental right to freedom of expression, and is essential to protect other human rights

Standard: That the right of access to information applies to all information held by national and supranational bodies, including all bodies performing public functions and operating with public funds (this includes the legislative and judicial branches and privatized companies performing public functions as well as private bodies holding information that relates to or is necessary for protection of human rights).

The scope and the definition of information are important because they define the level of transparency that a country may reach

Standard: Information can be withheld only if its disclosure would cause demonstrable harm to legitimate interests as permitted by international law and only after consideration of the public interest in disclosure. These protected interests must be clearly and specifically defined in national law and must be applied on a case-by-case basis. The same exceptions hold for information disclosed in response to access to information requests and that disclosed proactively, including under open data policies.

The recognition of this principle is very important to ensure that the refusals for information are not arbitrary or unfair. In order to ensure that, access to information laws must include a list of exceptions in line with international standards, harm and public interest tests, and the right to appeal to an independent review body

Standard: That public bodies should proactively publish information of public interest, making every effort to ensure easy, prompt, effective and practical access to such information.

Access to information laws should include a list of the minimum information that public institutions should publish proactively. That information is considered essential to understand the functioning of public institutions.

The tendency worldwide is to invest in and develop proactive disclosure regimes to reinforce transparency. Open Data policies are becoming common, with increasing numbers of government deciding to build open data portals.

That information is made public without charge (the prevailing international standard is that information requests are free of charge and the only charges that may be levied are copying costs and costs associated with information delivery) and without limits on reuse, including no limits on reuse imposed by licences or other restrictions; the right to reuse public information is consistent with access to information being part of the fundamental right to freedom of expression.

Standard: Information stored electronically should be delivered to those who request it electronically and in an open format. Information published proactively should always be made available in open formats.

Making information available in open formats, helps unlock the social and economic potential of the information, particularly large data sets, but also other types of data. Open formats permit wide distribution of information

Standard: That public bodies and private bodies falling under the scope of the right of access to information should compile information which is necessary for public participation and accountability. They should ensure that this information is compiled in a timely fashion, regularly updated, and that it is clear, comprehensive, and comprehensible.

Executive branch is implicated as well as legislative branch and private bodies who perform public functions or who use public funds

Standard: That the right of access to information is overseen by an independent body which reviews compliance, may undertake ex officio investigations, receives and rules on complaints from the public, is empowered to order appropriate action to ensure compliance, imposing sanctions where appropriate.

The standards for participation cover the following areas:

1. Openness

2. Clear and Reasonable Timelines

3. Clear and Comprehensive Information

4. Active collaboration

5. Appropriate and Clear Procedures

6. Empowerment

7. Transparency and Accountability

The standards for accountability cover the following areas:

- Codes of Conduct: Clear Standards of Behavior

- Assets Disclosure

- Conflict of Interest Prevention Mechanisms

- Transparency and Regulation of Lobbying

- Whistle blower Mechanisms and Protections

- Procurement Transparency

- Independent Enforcement Bodies

What do you think?

1. Go to socrative student

2. Enter room TYURZDZEA

3. solve the quizz

Participation

4. Active collaboration

Explaining

open government standards

Participation

Standard: That public bodies are proactive in their interactions with the public, establishing multiple channels to gather information (for example, online consultations, public hearings, focus groups), hence ensuring that all relevant stakeholders have the opportunity to engage, and that the debate around an issue can evolve and mature over time.

Active collaboration means that citizens, civil society and governments participate and work together in a participative process. Governments need to proactively approach and engage participants and support civil society in order to increase their capacity to participate.

Participation

3. Clear & Comprehensive Information

5. Appropriate and Clear Procedures

Case Example:

Social audits in rural India

Source: OGP Summit (2013)

Standard: That the background materials available to public officials involved in a decision-making process is made available; that key data and analysis should be presented in a form which is accessible and comprehensible to the public

It means that the same documents and information available and used by public officials should be transparent and available for citizens from the beginning to the end of a participative process.

Case Example:

People engagement

using ICT in Indonesia

Source: OGP Summit (2013)

Standard: That the rules on how to engage in the consultation are made clear in advance, along with the timeframes and how comments should be submitted to the public authority as well as the locations and dates of any public hearings and how to attend.

Clear and appropriate procedures are important for an effective participative process both for citizens and for governments. If it is well explained, in appropriate and understandable language, then citizens can become more informed and less reluctant to be involved.

Participation

2.Clear and Reasonable Timelines

Participation

6. Empowerment

Standard: That participative processes are structured so as to ensure sufficient time to allow interested stakeholders to learn about the consultation, to review the materials, and to prepare quality and considered input.

Clear and reasonable timelines should also apply to public bodies, which should give themselves enough time to be able to prepare, process the information gathered and improve skills in giving feedback

Open Government Standards

Participation

Standard: That any comments received during participatory processes must be carefully reviewed and the perspectives incorporated into the documentation on the final decision. A detailed justification must be provided as to why and how the public’s opinions have (not) been taken into account

Citizens need to feel like they have a stake in the decision-making process. At the start of any consultative process, public bodies should make clear the extent to which the public has the chance to influence the process. The range goes from a survey which is testing public opinion to a full-scale referendum with binding results.

Participation should embrace pluralism of opinion from a variety of stakeholders (from large lobby groups to marginalised minorities), taking these views into account.

A degree or level of requirement, excellence, or attainment in open government iniciatives

with some bright spots case examples from OGP Summit 2013

Case Example:

Empower citizens in

Montenegro

Source: OGP Summit (2013)

Participation

1. Openness

Participation

Standard: That there exist opportunities to participate in decision making which are widely promoted, including via the internet, mailing lists, public announcements and the media, encouraging everyone and particularly key stakeholders to engage.

Openness means engaging an optimum number of individuals, civil society organisations and key stakeholders early in a decision-making process.

Openness means making publicising opportunities for participation through various and diverse channels such as, but not limited to, traditional media, the internet, mailing lists, and community notice boards

7. Transparency and Accountability

Case Example:

ChileAtiende (online

public services)

Source: OGP (2013)

Standard: That sufficient information is made available to participate in a meaningful way in an participatory process and that the process is made accountable trough reports and feedback on the contributions received. There should be transparency on who participated with written submissions or in public hearings, along with the main comments submitted, and the written reasoning explaining how the comments received were taken into consideration should all be made available in a place which is easy for any member of the public to find.

Case Example:

Estonian experience in

public consultation

Source: OGP (2013)

Accountability

1. Codes of Conduct

Accountability

Transparency

2. Assets disclosure

2. All information, all public bodies

Transparency

1. Right to Know

Standard: An effective and transparent assets disclosure regime creates as a framework under which illicit enrichment during public service can be prevented.

An assets declaration is the disclosure of the income and assets of elected officials and public servants. Public disclosure of assets by public figures can provide confidence in leadership by showing they have nothing to hide.

Standard: That there exist norms and standards of behaviour in public life, such as a code of conduct. This should be enforced by institutions guaranteeing the accountability and responsibility of elected and unelected public officials for their actions and decisions, ensuring that they avoid engagement in decisions or judgments affected by their private interests. Public officials should also be required by codes of good administrative behavior to keep a true and complete record of their actions, setting down a record of all decision-making and legislative processes, and capturing all inputs into such processes, which should records of meetings with lobbyists and interest group representatives.

Transparency

3. Access is the Rule – Secrecy is the Exception

Accountability

3. Conflict of interest mechanism

Case Example:

Georgia's steps in

transparency and against secrecy

Source: OGP (2013)

Standard: : That potential conflicts of interest in decision making are avoided through a clear regulatory and practice framework which ensures that public officials are not engaged in decisions where their judgment might be affected by their private interests.

Conflict of interest arises from a situation in which the public official has a private interest which is such as to influence, or appear to influence, the impartial and objective performance of his or her official duties.

Case Example:

Mexican Access Information Agency

IFAI (spanish)

Source: IFAI Youtube Channel

Transparency

Open Government Standards

4. Proactive Publication

Open Government Standards

Accountability

Transparency

A degree or level of requirement, excellence, or attainment in open government iniciatives

Accountability

Open Government

Standards

4. Transparency of lobbying

Case Example: Proactive

publicaction Public Jobs in Romania

Source: OGP Summit (2013)

Standard: That lobbying is subject to regulatory controls accompanied by sufficient transparency to ensure that the public has oversight of the influence of private or group interests in public decision making.

A degree or level of requirement, excellence, or attainment in open government iniciatives

Transparency

5. Free of charge and free for reuse

Accountability

5.Whistleblower protections

Transparency

Standard: That there are channels by which public officials can reveal corruption, wrongdoing, mismanagement or waste within government and that there are protections in place for those who raise the alert, whether they do so internally or by going public with the revelations. There should also be sanctions for failing to report wrongdoing.

What is it? A whistleblower is somebody who raises the alert about wrongdoing. There are essentially two ways in which they can do this: reporting concerns to superiors or an independent body (an oversight body or a prosecutor) or by making the information public, for example releasing by passing it to the media or to a non-governmental organisation.

main challenge: to make regulations and protection mechanisms work adequately as an incentive for effective whisterblower support practices

6. Open Formats

Transparency

7. Independent Review Mechanism

Accountability

6. Procurement transparency

Transparency

7. Compilation of information

Accountability

7. Independent enforcement bodies

Promo Video

Open data and the OD4D

Project (2013)

Standard: That there is full transparency of the public procurement process with the goal of reducing the opportunities for corruption and ensuring effective spending of public funds, as well as creating a level playing field of business opportunities.

Why it is important? A significant proportion of public expenditure takes place through public procurement: tax-payers funds are spent to buy products and services from private suppliers. If this is done without transparency then the risk of corruption is much greater as it is much harder to ensure that public funds are not being distributed so as to benefit those close to the public officials involved.

Standard: That there exist independent bodies which oversee the exercise of public power; these can range from Ombudsman institutions to supervision of public services and public spending (audit offices) to oversight by the legislative and judicial branches.

main challenge: to design governance structure that guarantee the independency

Case Example:

Participatory

Audit experiences in Phillipines

Source: OGP Summit (2013)