GLOBAL INFORMATION SOCIETY WATCH 2012

Costa Rica. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102Cooperative Sulá BatsúCôte d’Ivoire.. . . . . . . . . . . . . . . . . . . . . . . . . . . 105NNENNA.ORGEgypt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110ArabDevEthiopia .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114Ethiopian Free and Open Source Software Network(EFOSSNET)Hungary .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118Metatron Research Unit, Hungarian AutonomousCenter for Knowledge (H.A.C.K.)India.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122Digital Empowerment FoundationIndonesia.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126EngageMediaIraq.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129Richmond, The American InternationalUniversity in LondonItaly.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133NEXA and EurovisioniJamaica.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137Mona ICT Policy Centre,University of the West Indies, MonaJordan.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141Alarab AlyawmKenya .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146Kenya ICT Action Network (KICTANet)Republic of Korea .. . . . . . . . . . . . . . . . . . . . . . 150Korean Progressive Network JinbonetKyrgyzstan.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 154Civil Initiative on Internet Policy (CIIP)Lebanon.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157Mireille RaadMorocco.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161DiploFoundationNepal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165Kishor PradhanNetherlands.. . . . . . . . . . . . . . . . . . . . . . . . . . . 168Transparency International in the NetherlandsNigeria .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172Fantsuam FoundationOccupied Palestinian Territory.. . . . . . . . . . . . 175Maan News AgencyPakistan.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179Bytes for All PakistanPeru. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183Red Científica Peruana (RCP) and Consorciopara el Desarrollo Sostenible de laEcorregión Andina (CONDESAN)Romania.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188StrawberryNet Foundation and Sapientia –Hungarian University of TransylvaniaSaudi Arabia. . . . . . . . . . . . . . . . . . . . . . . . . . . .192SASIconsultSouth Africa.. . . . . . . . . . . . . . . . . . . . . . . . . . . 195University of WitwatersrandSpain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .199SETEMSwitzerland .. . . . . . . . . . . . . . . . . . . . . . . . . . . 202Comunica-chSyria.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206Anas TawilehTanzania.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210CIPESAThailand.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213Thai Netizen NetworkUganda.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217WOUGNETUnited Kingdom. . . . . . . . . . . . . . . . . . . . . . . . 221Open Rights GroupUnited States.. . . . . . . . . . . . . . . . . . . . . . . . . . 225Electronic Frontier FoundationUruguay .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229ObservaTICVanuatu .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232Dan McGarryVenezuela. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236EsLaRedWestern Balkans.. . . . . . . . . . . . . . . . . . . . . . . 240OneWorld Platform for Southeast Europe (owpsee)

PrefaceThe theme for this year’s GISWatch– “transparency and accountability with afocus on corruption” – is for some a difficultone. At least two country report authorswithdrew from participating in this year’spublication because of the consequences theycould face locally from singling out specificacts of corruption in their countries. This istelling. It suggests that to consider ICTs andcorruption directly is to put the spotlight morenarrowly on what governments or businessesor state authorities are actually doing – andthis can, as some authors contend, be risky. Itis dramatically different from talking generallyabout e‐government, and how this may usherin a new era of transparency – possibilitiesthat are more abstract than concrete, andtherefore much safer to discuss. This difficultydemonstrates the value of the theme andserves to provide a reality check – muchneeded in this era where governments andbusinesses from north, south, left and rightare optimistically engaging in partnershipsto “open” government and use the internetto enhance transparency. Talking abouttransparency is much easier than dealing withits consequences.As the title of GISWatch 2012 also suggests,“corruption” is often read through the lens ofother conceptual concerns. This year severalthematic reports assume different points ofentry on the issue: whether directly, suchas Transparency International’s critiqueof e‐government projects and the impactthey have on corruption, or more indirectly,for instance, through considerations oftransparency and privacy. The role of theyouth in “activism online” is also discussed,while, in our mapping section, Tactical Techlooks at using visual evidence effectively toexpose corruption.As is usual with GISWatch, the thematicreports published here form the bedrock forthe country reports that follow, covering bothdeveloping and developed countries, such asthe United States, Canada, the Netherlands,Pakistan, Argentina, Ethiopia, OccupiedPalestinian Territory, Lebanon, China and evenVanuatu.The internet is a powerful source for increasedaccess to information about corruption, andhow, and by whom, it is perpetrated. Butit cannot substitute for the role played bythe media and civil society activists. We arepleased to present the sixth edition of theGISWatch report. We believe it is essential forcivil society networks to participate in andwatch over ICT policy processes at global,regional and national levels. nAnriette Esterhuysen (APC)and Manuela Monteiro (Hivos)6 / Global Information Society Watch

Introduction: The new omnipresenceDavid SasakiOmidyar Networkdavidsasaki.nameA tale of two bribesThe first time I paid a bribe in Mexico City I wascaught by surprise. Admittedly, I had broken the law.In 1989 the Mexico City government passed legislation1 which required that on every second Saturdayof the month all vehicles with licence plates endingin 7 were not allowed to circulate. And here I was, anewcomer to the city, a licence plate ending with 7,and driving in unintended defiance of the law.Two weeks earlier I had started a new job withOmidyar Network, the philanthropic investmentfirm of eBay founder Pierre Omidyar. I was hiredto help build the movement of open government inLatin America; to give support to entrepreneurs whouse new technologies to strengthen civic participationand government accountability. The likelihoodthat I would now bribe a police officer to evade mywarranted sanction seemed preposterous.I rolled down the window, handed the policeofficer my driver’s licence, my car registration, andawaited my citation. If only it were so easy. Theofficer informed me that, due to the gravity of myinfraction, not only would I have to pay a fine ofaround 5,000 pesos (USD 380) but my car wouldalso be impounded for 24 hours. Like a practisedsalesman, the officer went on to list the many ways Iwould be inconvenienced if I were to go by the bookrather than to “work out a deal.” Still, I refused topay the bribe, and was made to follow the policeofficers to what was allegedly the nearest policestation, some 30 minutes away in the middle of anabandoned industrial area. I began to fear for mysafety. I was now sitting in front of the desk of whatwas clearly a higher-ranking officer, who began tomake increasingly aggrandised claims while I silentlypunished myself for not having my cell phone torecord his every word. By the end of our protractedand surreal negotiations I was left with two choices:1 en.wikipedia.org/wiki/Hoy_No_Circula#History1) pay a USD 200 bribe and return home to enjoythe rest of my Saturday afternoon, or 2) surrendermy car until Monday morning when I could begina lengthy bureaucratic nightmare involving multipletrips to government offices, banks, and the towpound. Such is the story of my first bribe in MexicoCity, which taught me several lessons.First I learned that Mexico City’s civil societywas still not as coordinated and innovative as thecity’s corrupt police officers. Upon leaving the policestation I was awarded a stamped card thatlooked more official than anything I had seen fromthe Mexico City government. “If any police officerpulls you over on your way home,” I was told, “justflash them this card and they’ll leave you alone.”Various police units across multiple jurisdictionshad coordinated to produce a system of illicit cardsto register those who had already paid a bribe. Indeed,a motorcycle-mounted police officer pulledup to my window, eagerly awaiting his own bribe,and then sped off in disappointment when I showedhim my I-paid-a-bribe card.Second, I learned that corruption flourisheswith poorly designed laws, no matter how benevolenttheir intentions. Mexico City’s “Hoy No Circula”legislation, which prohibits vehicles from circulatingon select days depending on the last digit ofthe licence plate, was implemented just before theUnited Nations declared 2 it the most polluted cityin the world. In theory the law removes 20% of carsfrom driving on city streets any given day, which hascontributed to Mexico City’s impressive reduction 3of air pollution over the past 20 years. But the poorlydesigned incentives (why impound the vehiclefor 24 hours?) have led to a culture of enforcementin which local police officers do little more thanconstantly scan the last digits of all licence plates,certain that the forgetful offender will infallibly paythe hefty bribe rather than endure the bureaucraticnightmare to legally resolve the infraction.Finally, I was reminded that information ispower, and that corrupt public officials depend on2 www.idrc.ca/EN/Resources/Publications/Pages/ArticleDetails.aspx?PublicationID=7403 www.washingtonpost.com/wp-dyn/content/article/2010/03/31/AR2010033103614.htmlIntroduction / 7

information asymmetries to extract bribes from uninformedcitizens. The police officer pulled out fromhis back pocket a well-worn, dog-eared booklet oftransit laws to assure me that there was indeed alaw prohibiting cars from circulating on select days.But the booklet included no information about thecost of the infraction, nor the significant detail of vehicleimpoundment for 24 hours. In fact, even now,sitting at my computer with access to every singlegovernment website, I can find no official informationabout the cost of violating the Hoy No Circulaprogramme. It is only on Yahoo Answers that I’mable to finally find the information, thanks to thecontribution of a helpful, anonymous volunteer whoclarifies 4 that the official cost of the infraction is “20times the daily minimum wage plus 120 pesos forthe ‘parking’ at the tow pound.” All in all, the officialinfraction costs roughly 1,250 pesos, not 5,000 as Iwas repeatedly told by multiple police officers.My next experience with Mexican bribery wouldcome several months later when I was driving alongthe outskirts of Toluca, a mushrooming commutertown outside of Mexico City. Again, I must admit thatI had broken the law, driving some 15 kilometres perhour above the posted speed limit. However, in mydefence, I am compelled to add that I was drivingslower than five cars that passed by in plain view ofthe police officer who decided to pull me over afternoticing my foreign complexion.Unlike my previous run-in with Mexican police,this time I was much better prepared. I had downloadeda USD 2 application for my iPhone calledAntimordidas 5 (anti-bribes), which contains theentire legal code and the cost of every infraction imaginable.I also had downloaded the Ustream iPhoneapplication, 6 which allows me to record and broadcastvideo at a moment’s notice. Ustream integrateswith my social networks, immediately notifying myfriends and followers when I begin broadcasting.Before the police officer could even walk up tomy window, I was already covertly recording theevent. I was also searching my anti-bribes applicationfor the exact cost of my infraction before thepolice officer could assert his own inflated claim.Confident that the cost of the citation was no morethan USD 30, I happily requested that the policeofficer punish my infraction, but he resisted. In desperationhe returned to his car, explaining that heneeded to verify my immigration status with the authoritiesto ensure that I wasn’t breaking any further4 mx.answers.yahoo.com/question/index?qid=20100107103031AAO2gNt5 www.eluniversal.com.mx/notas/684291.html6 www.ustream.tv/everywherelaws. Minutes later his partner approached the car,offering his best imitation of the good cop/badcop routine. When he was made aware that I wasrecording our interactions, he immediately becamedefensive and aggressive. As I listen back over therecording now, I can hear the slight tremble in hisvoice as he tells me that it is illegal to record a policeofficer, a claim I have neither been able to provenor disprove despite various consultations with legalexperts. Once again, I began to feel fearful formy safety; the police officer was clearly agitatedand unsure of how to react. I imagine he was consideringthe security of his job, even the threat of legalaction were the video to reach his supervisor. Still,for some reason, I felt more secure knowing that mycell phone was recording our every interaction thanI did a few months back without it.The two officers were nearly yelling when theytold me to drive on, and to never record a police officeragain. Emboldened, I responded that I wantedto be cited for my infraction, but they refused. Shakingmy head in a mixture of relief and irritation, Idrove off and tried to enjoy the rest of my day.Pocket-sized accountabilityI am not alone in discovering the utility of a pocketsizedglobal video broadcaster (that is, a modern cellphone) to hold corrupt police officers accountable.The power of the personal video recorder as a protectorof civil rights first entered the mainstream in1991 when the police beating 7 of Rodney King wasrecorded by casual bystander George Holliday. 8 Theincident and subsequent trial gave rise to a movementof police accountability (or “copwatch”) 9organisations around the US. The following year rockstar activist Peter Gabriel, inspired by the RodneyKing trial, formed WITNESS, 10 a global organisationthat uses video to empower human rights organisationsto hold the powerful to account.As camcorders became embedded in cellphones, human rights and civil liberties organisationswere presented with a powerful new ally, butalso unprecedented challenges (more about thoselater). From Puerto Rico 11 to Phnom Penh 12 to Cairo 137 en.wikipedia.org/wiki/Rodney_King#Incident8 articles.nydailynews.com/2012-06-19/news/32321421_1_symbolof-police-abuse-george-holliday-famous-home-video9 en.wikipedia.org/wiki/Copwatch10 www.witness.org/about-us11 blog.witness.org/2011/09/video-advocacy-example-policeviolence-in-puerto-rico12 blog.witness.org/2011/09/video-captures-police-destroyinghomes-beating-locals-in-phnom-penh13 www.youtube.com/verify_controversy?next_url=/watch%3Fv%3Da8KG5N_yq1s8 / Global Information Society Watch

to New York, 14 there is no shortage of graphic examplesof police brutality documented by regularcitizens on their mobile phones. A quick search onYouTube reveals multiple videos of police officersrequesting bribes in Thailand, 15 India, 16 and the US. 17Advocacy organisations like the American CivilLiberties Unions of New Jersey and New York havedeveloped smart phone applications (called PoliceTape 18 and Stop-and-Frisk Watch) 19 to encourageconstituents to document their interactions withpolice officers. A similar application, called theEmergency Alert and Personal Protection app, 20 wasdeveloped in Arizona to inform immigrants of theirrights and to send out alerts when they have beenstopped by a police officer. With or without thesenew smart phone applications, we can only expectmore citizens to publish more videos of police intimidation,bribery and brutality at an increasinglyfrenzied pace as smart phones decrease in priceand expand in penetration.The use of new technologies to hold the powerfulto account is not limited to the police. In India,the website I Paid a Bribe 21 has collected over 20,000reports of bribery to determine “the market price ofcorruption”. In Dehra Dun an anonymous reporterpaid 22 500 rupees for a passport. In Chennai a newresident paid 23 9,500 rupees to get personal goodsthrough customs while another paid 24 1,000 rupeesto bribe the registrar’s office to change the nameon his property title. All reports on I Paid a Bribeare anonymous, 25 which protects the safety of theusers, but also prevents authorities from investigatingtheir claims. That will soon change when videocamera-enabled smart phones become affordablefor the majority of Indians, enabling the anonymouspublication of videos that clearly identify corrupt officials.(It is estimated 26 that 200 million Indians willhave smart phones by 2015.) We can see glimpsesof this future today in the investigative reporting14 www.huffingtonpost.com/2008/07/30/nypd-officer-beats-manwi_n_115819.html15 www.youtube.com/watch?v=2zx3ilhAH1Q16 www.videofy.me/u6jt8j3r/51384417 www.youtube.com/watch?v=mKmx6X2XnF818 play.google.com/store/apps/details?id=org.aclunj.policetape&feature=search_result#?t=W251bGwsMSwxLDEsIm9yZy5hY2x1bmoucG9saWNldGFwZSJd19 mashable.com/2012/06/14/nyclu-stop-and-frisk-app20 www.voxxi.com/smartphone-app-for-immigrants-protection21 ipaidabribe.com22 www.ipaidabribe.com/bribe-central/bribe-liu-police-verification23 www.ipaidabribe.com/bribe-central/paid-bribe-chennai-customsreleasing-goods24 ipaidabribe.com/bribe-central/registration-change-owner-property25 ipaidabribe.com/content/privacy-policy26 www.zdnet.com/blog/india/after-airtel-chairman-google-indiachief-wants-cheaper-phones/976of citizen journalist Mukesh Rajak who in 2010recorded testimonies 27 of students and parentscomplaining of the bribes they were forced to payteachers. Two weeks later the school’s headmasterwas removed 28 and all teachers were sternly warnedby the district auditor not to continue solicitingbribes.In the UK, former Conservative Party co-treasurerPeter Cruddas was forced to resign when ananonymous observer uploaded secretly filmed footagethat revealed 29 Cruddas offering access to PrimeMinister David Cameron for a political donation of£250,000. But not in all cases does the publishingof such videos lead to justice and accountability.Weeks before Mexico’s 2012 national elections, anonline video surfaced 30 of a local Mexico City politicianrequesting sexual favours from an employeewho sought her end-of-the-year promotion. Weekslater he was elected in a landslide vote to a moreprominent position. Despite protests and petitions,he still remains in office.Cameras everywhereand the transparent societyWhile concealed cameras can capture a politician orpolice officer demanding a bribe, they can also leadto a young man’s suicide. This is what happened inSeptember 2010 when a Rutgers University studentsecretly filmed and published 31 Tyler Clementi, hisgay roommate, kissing another man. Three dayslater Clementi grabbed some food, walked to theGeorge Washington Bridge, published his lastupdate to Facebook (“Jumping off the gw bridgesorry.”) and ended his life. Clementi’s suicide is anextraordinary example of an increasingly ordinaryactivity, cyber bullying – intolerance in the networkedage.In 2011, nearly 20 years after its founding, thevideo advocacy organisation WITNESS publisheda significant report titled “Cameras Everywhere”. 32In the words of co-founder Peter Gabriel: “Technologyis enabling the public, especially young people,to become human rights activists. With the globaldistribution of mobile phones, our original dream ofgetting cameras to the world is being realised andwith that come incredible opportunities.” But, whilerecognising those opportunities, the report is also a27 indiaunheard.videovolunteers.org/mukesh/pay-bribetakeeducation28 indiaunheard.videovolunteers.org/mukesh/indiaunheard-impactcorruption-ends-in-school29 www.bbc.co.uk/news/uk-politics-1750311630 www.jornada.unam.mx/2012/06/16/capital/033n2cap31 en.wikipedia.org/wiki/Suicide_of_Tyler_Clementi32 www.witness.org/cameras-everywhere/report-2011Introduction / 9

sober examination of the new challenges that havearisen along with the new opportunities.Activists in Myanmar, Iran, Egypt, Syria, Bahrainand Tunisia have famously used mobile phonecameras and social networks to distribute videos ofhuman rights abuses. But the Cameras Everywherereport warns that some authoritarian governmentshave reacted by searching through those very videosto identify dissidents who are later detainedand tortured. In a far less severe example of thelasting consequences of online video, an entiregeneration of young people is now struggling toenter adulthood – and the workplace – in the faceof embarrassing photos and videos from their firstinteractions with alcohol that remain irreversibly inthe ever-expanding public sphere. Some potentialemployers are even asking 33 job candidates for theirFacebook passwords before offering them a job.“Revenge porn” 34 websites solicit nude photos andvideos of ex-girlfriends and ex-boyfriends, leadingto several lawsuits and a new sub-genre of commercialporn where professional adult actressespretend they are everyday ex-girlfriends.Though it can often seem otherwise, a ridiculouslysmall percentage of daily reality is nowrecorded on video, and an even more minusculepercentage of that video is shared online. Soonthat will change. Already the USD 179 Looxcie camera35 is about the size of a Bluetooth earpiece andrecords up to 10 hours of continuous video, whichcan be streamed instantly to Facebook at the clickof a button. But the Looxcie pales in comparisonto what will be possible when Google launches itsmuch-awaited augmented reality glasses 36 that notonly record everything you see, but also provide youwith real-time information about the individuals andobjects in your field of vision.The glasses aren’t expected to be available tothe public until late 2013, but already Google is publishingvideos 37 of its employees using the glasseswhile skydiving, or to record special moments withtheir children. The Google videos are markedly differentin tone and content from a thesis project bytwo Israeli art students, Eran May-raz and DanielLazo. Their seven-minute video 38 explores a worldwhere everything we see is mediated through layersof information and gamification. The protagonist isawarded points for properly cutting a cucumber and33 www.telegraph.co.uk/technology/facebook/9162356/Facebookpasswords-fair-game-in-job-interviews.html34 www.salon.com/2011/02/28/exgirlfriend_porn35 www.looxcie.com/overview36 en.wikipedia.org/wiki/Google_glasses37 plus.google.com/111626127367496192147/posts38 vimeo.com/46304267is given some much-needed tips to help recognisethe body language of his blind date.Google’s augmented reality glasses will undoubtedlyhelp parents preserve memories of theirchildren, and they will also help empower citizenswho otherwise may be victims of corruption or evenpolice brutality. But we should not be so naïve as tobelieve that these Google glasses will only be pointedat infants and powerful authorities. They willalso be used to spy on roommates, upload intimateexchanges with former lovers, and identify humanrights activists and whistleblowers who will be punishedby repressive governments and corporations.Reciprocal accountabilityand the new omnipresenceBy 1998 science fiction writer David Brin had alreadyforeseen the coming world of radical transparency,what he called “The Transparent Society”. 39 Alongwith Canadian augmented reality researcher SteveMann, 40 Brin coined the term “sousveillance” as anantidote to surveillance. While surveillance is derivedfrom the French, meaning “watching over”,sousveillance means “watching from below” andrepresents a kind of peer-to-peer reciprocal accountabilitywhere citizens are empowered to“watch the watchmen”.The powerful, Brin asserts, will always use theirpower to surveil the powerless. Parents surveil theirchildren, employers surveil their employees, andgovernments surveil their citizens. However, ratherthan fighting against such surveillance, which Brinsees as inevitable, he encourages us to fight for ourright to sousveil.Most civil liberties organisations were outragedby the signing of the Patriot Act in the USbecause it granted the government new powersto secretly search private homes, monitor onlineactivity, and request records from public librariesthat reveal individual reading habits. Brin, however,asserts that the real crime of the Patriot Act isthat it makes it more difficult for citizens to requestinformation from their government. The George W.Bush administration became the most secretiveUS government in modern US history, and BarackObama, though he has made high-profile claimsof tech-enabled openness, has done little to reversethe culture of official secrecy. According to arecent report 41 by the Washington Post, “by some39 en.wikipedia.org/wiki/The_Transparent_Society40 eyetap.blogspot.ca41 www.washingtonpost.com/world/national-security/obamaadministration-struggles-to-live-up-to-its-transparency-promisepost-analysis-shows/2012/08/03/71172462-dcae-11e1-9974-5c975ae4810f_print.html10 / Global Information Society Watch

measures the [Obama] government is keepingmore secrets than before.”Such over-classification of government information,argues 42 former New York Times executiveeditor Bill Keller, has contributed to an increasingnumber of leaks and an increasingly hystericalreaction by government authorities. US SenatorDianne Feinstein, a notable congressional leakerherself, 43 has introduced a bill that, in the wordsof Keller, “would forbid background briefings onintelligence matters by anyone except an agency’sdirector, deputy director or public-affairs spin doctors– thus cutting out the officers with firsthandknowledge and silencing those who question theparty line. It should be dubbed the Keep Americansin the Dark Act.” Even if such paranoid legislationis passed, it won’t prevent the continued growth ofanonymous leaks. Much like the programmers of piracyplatforms are always a step ahead of the mediaindustry 44 that tries to shut them down, technologistsbehind sites like WikiLeaks and the dozens ofcopycats are always a few steps ahead of the slowmovingauthorities that attempt to silence them.New technologies like mobile phones, bribereportingplatforms, social networks, and Googleglasses are important additions to the toolkit ofrights activists, whistleblowers, and everydaycitizens subjected to corruption and official misconduct.But we should not overestimate theirimportance in the context of the long struggle forpolitical accountability. Throughout all civilisationshistorians have documented leaders rulingwith impunity and injustice. More than 300 yearsago, John Locke anonymously published his TwoTreatises of Government, which acknowledgesthat humans are disposed to become corruptedby power, but that civil society – armed with freeassociation, public protest, and the law – canmitigate such corruption with accountability.Locke’s ideas would later influence the US Declarationof Independence, the US Constitution, theFrench Revolution, and Social Contract Theory.Today unjust rulers, such as former Argentinedictators Jorge Videla and Reynaldo Bignone, 45are increasingly held to account for their crimes.New technologies will help hold current and futureleaders to account, but their effectiveness is dependenton a fair and autonomous legal system.New technologies also present new challenges, asthe suicide of Rutgers University student Tyler Clementiso painfully demonstrates. But let us be clear: thedeath of Clementi was not caused by the invention ofthe web cam, or even the covert spying of his collegeroommate. No, the root of Clementi’s suicide was intolerance.After all, being recorded kissing someone onvideo is something that has happened to many of us,but few of us felt so disenfranchised as a result. Shortlyafter revealing his homosexuality, Clementi wrote to afriend that “mom has basically completely rejectedme.” He didn’t end his life because he was caught onvideo kissing someone else. He ended his life becauseof gross, unjust discrimination against gays.In an era of reciprocal accountability we areall inclined to fear omnipresent observation – notthe divine judgement of the second millennium,but rather the constant, networked, live-streamedobservation of the third millennium. It sounds exhausting,and often is, but if we aspire to our betterselves, if we are tolerant of those who are different,if we always grant the benefit of doubt when lackingsufficient context, then reciprocal accountabilitymight grant us all greater freedom and prosperity. n42 www.nytimes.com/2012/08/06/opinion/keller-the-leak-police.html?pagewanted=all43 www.salon.com/2012/07/24/dianne_feinsteins_espionage44 www.nytimes.com/2012/08/05/sunday-review/internet-pirateswill-always-win.html45 www.csmonitor.com/World/Americas/Latin-America-Monitor/2012/0711/Argentina-takes-steps-to-bring-Dirty-War-eracriminals-to-justice-before-deathIntroduction / 11

Thematic reports

Governments using ICTs for integrityand accountability: Some thoughtson an emergent research and advocacy agendaDieter Zinnbauer 1Transparency Internationalwww.transparency.orgFalse dawn, window dressingor taking integrity to the next level?IntroductionThe experience of developed and developing countriesindicates that electronic reforms in the fightagainst corruption are the most effective methods inthe implementation of the fight against corruption.(Centre for Economic and Social DevelopmentAzerbaijan: CESD Anti-Corruption Strategy for theRepublic of Azerbaijan, April 2011)E-government is seen more than ever as at the coreof public sector reforms.(OECD Government at a Glance 2011)Imagine you are an NGO lobbying your governmentto clean up one of the most notorious areasfor corruption: public procurement. In response,the government declares that a centrepiece ofits anti-corruption strategy will be an electronicprocurement system that will make corrupt interferenceall but impossible. What do you do? Do youapplaud this move?Imagine you are a policy maker intent on curbingcorruption in the judiciary and you know thatcase backlogs offer a serious entry point for corruption.Now some IT consultants strongly suggestinstalling an electronic case management systemto tackle this issue head on. Do you purchase anddeploy it?Imagine you are a public administration expertand the tax authorities in your country turn to youfor advice on whether they should follow the exampleof their peers in a neighbouring country and1 Dieter Zinnbauer works on emerging policy issues forTransparency International. This article presents the personalopinion of the author and does not necessarily reflect the views ofTransparency International. This is a work in progress. Please donot quote or cite without the permission of the author. Commentsare always most welcome to: dzinnbauer@transparency.orgintroduce electronic filing of taxes to root out corruptionin tax collection. What will you suggest tothem?Corruption – everywhere and hard to weed outCorruption, defined as the abuse of entrusted powerfor private gain, is commonly recognised and amplydocumented to be one of the most fundamental andmost vexing societal problems around. Evidencefrom all over the world shows that corruption – frombribery and cronyism to undue influence and policycapture – deprives particularly the poorest of thevery goods and services that are fundamental totheir livelihoods, such as access to water, health,food or educational opportunities. Corruption fuelsethnic tensions and corrosive public distrustof the central institutions of collective governance.Corruption has been documented to stunt development,stymie our collective response to climatechange and blunt our ability to construct fair societies.It is closely linked to impunity, inequality andinsecurity. 2The pervasiveness of corruption also makesit very difficult to plot viable paths for reform andchange. Rooting out corruption in institutionswhere it is deeply entrenched presents a dauntingand often seemingly insurmountable challengefor government reformers for at least three reasons.First, collective action problems abound.When all your colleagues pay off the boss to gaina promotion or the teacher to enhance their kids’test results, you are pressured to join in so thatyou are not left behind. Second, sustainable integritywill not only require carrots and sticks, butalso a change in values and norms. But changingorganisational or communal cultures, however, is2 For examples and a compilation of empirical evidence on these andmany other instances of corruption, see, for example, the GlobalCorruption Report series published by Transparency International,which invites academic experts and practitioners to explorecorruption issues in a specific sector every year, e.g. constructionand post-conflict reconstruction (2005), health (2006), judiciary(2007), water (2008), business (2009), climate change (2010/11)or education (forthcoming 2013). For general overviews see,for example, Bardhan, P. (1997) Corruption and Development:A Review of Issues, Journal of Economic Literature, 35(3), orSvensson, J. (2005) Eight Questions about Corruption, Journal ofEconomic Perspectives, 19.12 / Global Information Society Watch

a long-term, laborious project with uncertain outcomes.Third, corrupt systems are often built oninterlocking interests and deep networks of patronageand cronyism across administrative andpolitical hierarchies. As a result, well-meaningreformers might find themselves outflanked byhigher tiers of the bureaucracy or political principalsthat stand to benefit from the corrupt systemon the ground. This makes corrupt networks extremelyresourceful and effective in thwartingattempts to shut them down.Technologies to the rescue?The potential of ICTs to fight corruptionFacing such an uphill struggle, it is not surprisingthat government reformers and anti-corruptionfighters pin their hopes on technology as a potentiallytransformational tool to help cut the Gordianknot of corruption, shake up these entrenched systemsof corrupt incentives and interests, and offerreal prospects for more integrity and accountability.New ICTs might be – and are indeed often promotedas being – one of the answers. Just looking attheir potential functionalities, they can be plausiblyexpected to address a long list of institutional deficienciesthat are believed to foster corruption.Some of the main expected benefits from ICTs,as expressed in the research and policy literature,include the anticipation that they will:• Reduce information asymmetries between principal(office holder) and client (citizen) so thatthe latter finds it easier to assert his or herrights without corruption interfering.• Limit the discretion of office holders to divergefrom applicable rules in the exercise of theirduties.• Automate specific processes and/or reducedirect, frequent, personal interaction betweena specific office holder and an individual citizen,a proximity that can foster collusion andcorruption.• Cut out gatekeepers and intermediaries thatoften act as go-betweens to facilitate bribe paymentsor demand their own illicit cut to make abusiness deal happen in the first place.• Reduce red tape in public bureaucracies andthrough this remove potential entry points forextortion and corrupt rent-seeking.• Make transactions with public officials and theperformance of the latter more transparent,documentable and auditable, deterring corruptbehaviour.• Provide a growing repertoire of collective actiontools and platforms for citizens to organise, reportand mobilise against corruption.These and many other expected features are wellreferenced in a large number of policy reports, prospectiveessays and conceptual discussions. In anutshell, hopes that technology can make a veryimportant contribution to the fight against corruptionare extremely high. 3High stakes, yet little empirical evidenceto guide implementation and constructiveadvocacyGiven the high hopes attached to ICTs, governmentsaround the world – from local to national to regionallevel – are rolling out high-profile ICT modernisationprojects, often tied to bold claims about how theseinitiatives are meant to boost accountability andintegrity. The 15 core EU countries are estimatedto have spent as much as 35 billion euro on ICTs in2004 alone, including 11.5 billion on e‐governmentactivities. 4 And by 2010, the total annual ICT spendingby governments around the world was estimatedto have reached a whopping USD 423 billion. 5The transformative impact of these investmentsis already evident. By 2010 on average more than80% of businesses and 40% of citizens in OECDcountries were already interacting with public authoritiesonline. 6This flurry of activity is by no means confinedto industrialised countries. As of 2004, for example,more than 90 developing countries were busydeveloping national ICT strategies. 7 Almost threequarters of all World Bank projects between 2003and 2010 included ICT components, and thesetechnology elements were considered particularlyimportant for achieving the intended objectives inpublic sector governance reform projects. 83 For a summary of expected benefits see, for example, Gronlund,A. et al. (2010) Increasing transparency and fighting corruptionthrough ICT: Empowering people and communities, SPIDER ICT4DSeries No. 3; for a forward-looking analysis for policy makers, seeFrissen, V. et al. (2007) The future of eGovernment: An explorationof ICT-driven models of eGovernment for the EU in 2020, Institutefor Prospective Technological Studies, European Commission.4 Codagnone, C. (2006) Expenditure Study, eGovernment EconomicsProject, eGovernment Unit, DG Information Society and Media,European Commission.5 Task Force on Financial Mechanisms (2004) Report of the TaskForce on Financial Mechanisms for ICT for Development.6 OECD (2011) Government at a Glance, OECD, Paris.7 Task Force on Financial Mechanisms (2004) op. cit.8 World Bank Independent Evaluation Group (2011) CapturingTechnology for Development: An Evaluation of World Bank GroupActivities in Information and Communication Technologies, WorldBank, Washington D.C.Thematic reports / 13

As this overview shows, the stakes are extremelyhigh. The technology projects that are being undertakenin the name of integrity are of immense ambitionand scale. Governments are often the single largestconsumers and users of ICTs in a country and someof the most ambitious ICT adopters are found in highcorruptioncontexts: almost half of the 25 countriesaround the world whose governments are believed toprioritise ICTs the most are perceived to face ratherhigh levels of corruption in the public sector. 9So, given these high hopes and ambitions, thequestions of how successful the many projects undertakenin the name of enhancing accountabilityand integrity are, and how they can be most effectivein their role in the fight against corruption, are absolutelyessential. A first quick scan of the evidenceyields very uneven and mixed results. It casts someserious doubts on all-too-inflated claims about a nearautomatic benign impact of these technological fixeson corruption. And at minimum it strongly suggeststhat more research and more monitoring and constructive,competent engagement by civil society arecrucial to ensure that the integrity and accountabilitypotential of these technologies is fully exploited andrelated initiatives are not just used as window dressingby reform-resistant governments. 10Uneven attention, uneven learningand advocacyRight now, however, there are reasons to doubt thatthis research will come forth, and the related watchdogfunctions be fullfilled. Civil society engagementand an evidence-centred policy discourse on crucialtechnology uses by governments that are carriedout for purposes of integrity and accountabilityare rather limited. 11 Instead it appears that muchof the public attention and policy analysis in the9 High corruption in the sense that they do not rank among the 40countries around the world that are perceived to face the lowestlevels of public sector corruption. Source: Author’s calculationbased on the World Economic Forum Executive Opinion Survey,2010 and 2011 editions, and Transparency International CorruptionPerceptions Index 2011.10 For an elaboration of these claims and an overview of the evidencein the four areas of e‐procurement, electronic judicial casemanagement, e‐taxation and electronic ID cards, see the moreextensive background paper by Zinnbauer, D. (2012) forthcomingon SSRN.11 There are obviously some exceptions to this general observation. Forexample, TI groups in Slovakia and Hungary are utilising procurementdata for their corruption analysis. TI Georgia has commented on theusability of the e‐tender system in the country. TI India has developedan electronic procurement integrity matrix, while TI groups in theUS and Mexico have undertaken research and advocacy work onelectronic procurement. Regarding the latter, see, for example, TI USA(2011) A work in progress: Implementation of the APEC governmentprocurement transparency standards in Mexico, Peru, Vietnam,Indonesia and the Philippines; and Transparencia Mexicana (2012) Anew role for citizens in public procurement.area of ICTs for governance have so far focused onthe citizen side: how ICTs can empower citizens tohold officials to account and mobilise against corruptrulers, and how governments can facilitate thisby creating enabling conditions, from promotingICT access and skills to adopting open governmentstandards or devising participatory online processes.These issues are already being abundantlyexplored, from public discourse to specialised researchdebates, and a very active research andpolicy advocacy community has formed aroundthem.The other, important side of the coin, however– the use of ICTs for integrity purposes bygovernments and administrations themselves –has received comparatively limited attention in thebroader policy community and research community.What are the insights and lessons that could belearnt from the first batch of e‐governance applicationsin this regard, to make them more effective inthe future, to help other governments avoid deadends, and to help interested civil society groups tocritically and constructively accompany related governmentefforts?Why hopes are high but under-examinedOn the surface, this uneven attention is surprising.To put it provocatively, it looks like all attention hasshifted to government 2.0, the empowerment andnetworked oversight of citizens through ICTs, andrather short shrift is given to government 1.0, or theuse of ICTs by governments for their core tasks andservices.On closer inspection, the reasons for thisattention shift are becoming clearer. A peculiar confluenceof interests to create big hopes (industry)and to buy into them (governments), compoundedby the inability or lack of interest on the part ofcivil society NGOs to competently monitor and comment,prepare the ground for this. The ICT industryis keen on selling high-margin, big-ticket technologyprojects to the public sector, a customer that isperhaps often not as difficult and discerning as privateindustry clients. In addition, governments areeager to showcase progressiveness and innovationleadership or want to be seen to be active in fightingcorruption, and find ICT solutions an appealingtool to project this image. At the same time, civilsociety organisations working on corruption issuesare eager to promote practical solutions, and theyare open to trying out new high-potential weaponsagainst corruption. But many of them may nothave the resources and expertise to evaluate boldtechnology claims and complex implementations ingreat detail – while technology activists are inclined14 / Global Information Society Watch

to focus on freedom of expression or privacy implicationsof government technology use, and do notview the impact on integrity as a big priority to examineand monitor.Finally, scholars, no matter if they belong to thecamp of technology optimists or sceptics, tend tofocus their energy on the more popular and excitingsocial media/citizen empowerment side of ICTs or,if they examine government use of technology, theytend to focus on the efficiency dimension. The resultis a research, advocacy and policy debate thatpays only limited attention to tracking, probing andhelping to improve the many technology projectsthat governments have embarked upon in the nameof tackling corruption and boosting integrity.This is unfortunate, particularly because anecdotalevidence and what we know about howtechnologies are being shaped and implementedprovide some reason to be sceptical about overlyexuberant predictions of how potential functionalitiesactually translate into impact.It has long been received wisdom on the industryside, for example, that as many as two outof three large-scale ICT projects fail to achieveall of their intended results. Even if this numbermay appear a bit exaggerated, it still points at arelatively high failure rate. For governance-relatedprojects such a rate is confirmed, for example,by a World Bank evaluation report for the Bank’s2003-2010 ICT project portfolio that finds that only“about half of ICT components in projects supportingpublic sector governance are likely to achievetheir intended result.” 12 Moreover, a vast body ofin-depth research on how technologies in manyfields are being adopted provides ample evidencethat functionalities and impact are by no meanspredetermined by technological properties, butare being actively shaped, filtered, subverted andaltered by contextual factors, unexpected circumstancesor influential user groups that make themserve their own interests.Yet lessons from meticulous studies of technologydevelopment and adoption also highlightthe role that careful analysis, awareness raising,technology design, enabling policies and relatedadvocacy can play in realising the desirable socialpotential and impacts of technologies.Taken together, all these insights confirm theneed and urgency to look more closely at how governments’use of integrity technologies works outin practice, and how an essential ecology for relatedresearch and advocacy can be nurtured. 13 n12 World Bank Independent Evaluation Group (2011) op. cit.13 For some ideas on how to map the degree of research and civilsociety engagement, identify critical gaps and plot a way forward,see the related background paper by Zinnbauer, D. (2012)forthcoming on SSRN.Thematic reports / 15

Secrecy, privacy and transparency: The balancebetween state responsibilities and human rightsEmma DraperPrivacy Internationalwww.privacyinternational.orgIntroductionIn 1929, Walter Benjamin wrote that “[t]o live in aglass house is a revolutionary virtue par excellence…Discretion concerning one’s own existence,once an aristocratic virtue, has become more andmore an affair of petit-bourgeois parvenus.” 1 ForBenjamin, and for many other Western Europeans,the 20th century was a time of “porosity, transparency,light and free air,” 2 conceptualised in directopposition to the opaque and furtive 19th century.Yet he failed to predict that, while the averagecitizen would over the next 80 years come under increasingscrutiny from every angle, the operationsof the state would remain comparatively impenetrable.Criticising the utopian ideal of the glass housein his 1986 work The Art of the Novel, Milan Kunderacomplained: “Though it represents a public thing,bureaucracy is anonymous, secret, coded, inscrutable,whereas private man is obliged to reveal hishealth, his finances, his family situation…”Despite the fact that, as of January 2012, over 90countries around the world had implemented freedomof information (FOI)/right to information (RTI)legislation 3 and many political parties around theworld now campaign on platforms of openness andtransparency, in many respects this situation persiststoday. There are three main reasons for this:a) FOI/RTI legislation is not applied sufficientlywidely or consistently, both because certain bodiesenjoy blanket exemption from it and becausethe laws themselves contain overly broad exceptions;b) when government-held data is published,it is often done so in such a way that it is extremelydifficult for citizens to make sense of the information;and c) public officials frequently claim that1 Benjamin, W. (2005) Surrealism: The Last Snapshot of theEuropean Intelligentsia, in Jennings, M. et al. (eds.) SelectedWritings Volume 2, Part 1: 1927-1930.2 Quoted in Buck-Morss, S. (1991) The Dialectics of Seeing: WalterBenjamin and the Arcades Project.3 right2info.org/access-to-information-laws/access-to-informationlaws-overview-and-statutory#_ftnref7revealing certain information would be a breach oftheir right to privacy when they are in fact attemptingto conceal dishonesty and wrongdoing.Narrow focus, narrow freedomsThe existence of FOI/RTI legislation is predicatedon the idea that government transparency shouldbe the norm and that state bodies will only shieldtheir actions from view temporarily and when it is inthe public interest to do so. The Information Commissioner’sOffice guidance to the UK Freedom ofInformation Act 2000 states: “Disclosure of informationshould be the default.” 4 Yet some aspectsof FOI/RTI legislation give public authorities far toomuch scope to restrict its application and removewhole sections of government from its scope. TheUS Freedom of Information Act (FOIA) 1966, for example,is one of the earliest and most influentialexamples of its kind, yet it only applies to the executivebranch and independent departments andagencies and contains nine exemptions that havepermitted many arbitrary denials of applications.There is also very little effective oversight of itsoperation and virtually no effective remedy availableto citizens if agencies fail to meet their FOIAobligations.Despite the Act’s inherent problems, most USpresidents historically encouraged interpretationsin favour of citizen access – but this all changedwith September 11 and the Bush administration’s“War on Terror”. In 2004, Phillip Doty complainedthat “[t]he current administration, unfortunately,using 9/11 and other supposed ‘national security’concerns, has turned things upside down – theformer presumption that government should makerecords available unless there is a compelling caseotherwise has now become a presumption thatrecords should remain hidden from public viewunless there is a compelling case made for theirpublication.” 5 Barack Obama campaigned on aplatform of transparency, and on his first full day as4 www.ico.gov.uk/for_organisations/freedom_of_information/guide/act.aspx5 Doty, P. (2004) Government, Secrecy and Privacy: Dare we framethe fearful (a)symmetry?16 / Global Information Society Watch

president claimed: “My Administration is committedto creating an unprecedented level of opennessin Government.” 6 Yet Obama’s presidency has infact been marked by increased resistance to FOIArequests at the agency level and in the courts, 7 anunprecedented crackdown on whistleblowers andleakers 8 and the disbursement of USD 10 billionon classifying official secrets. In January 2011, theAssistant Solicitor General told the Supreme Courtthat the administration “do[es] not embrace” theprinciple (well-established by decades of case law)that exceptions to FOIA should be “narrowly construed”because of the law’s presumption in favourof transparency. 9In the UK, Privacy International’s experienceof making FOIA requests, particularly to the MetropolitanPolice and other regional police forces,has been a disappointing one. Most of our requestshave been met with point blank refusals in accordancewith section 23(5) of the 2000 Act: theabsolute exception for information directly or indirectlysupplied by the security services or relatingto the security services. The Information Commissioner’sOffice (ICO) guidance on section 23 states:“This exemption is not based on the content of theinformation or the likely effect of disclosure. It appliesto all information supplied by or relating toone of these bodies, even if it does not relate tonational security, or would not have a damagingeffect if disclosed.” 10 When drafting FOI/RTI laws,legislators should think carefully before includingprovisions that provide blanket protection forcertain sections of government. Even bodies thatdeal with sensitive matters of national securityshould not be rendered entirely opaque and unaccountable,and including absolute exceptions ofexcessively broad scope allows public authorities toshield themselves from embarrassment under thebanner of national security. Legislators should erron the side of transparency by making exceptionsqualified rather than absolute whenever feasible,meaning that the public interest in maintaining theexemption must be weighed against the public interestin transparency.6 www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment7 www.politico.com/news/stories/0312/73606.html8 www.politico.com/news/stories/0510/37721.html9 www.freedominfo.org/2011/01/u-s-supreme-court-hearscorporate-privacy-case10 www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/s23_security_bodies_v1_fop097.pdfInformation overloadIn her essay “The Fog of More”, Sarah Leonardcommented that “the display of lots of informationonline has itself come to symbolize transparent,healthy democracy.” However, when governmentsfocus their energies on simply publishing as muchinformation as possible (what Leonard calls “thevirtuous data dump”), the effect is ultimately counterproductive:the vast quantities of raw data are sodaunting and difficult to parse that to the averagecitizen the operations of the state – far from beingclarified – seem even more obscure.The solution to this problem is twofold. Firstly,governments themselves could make more effort topublish information in intuitive formats, breakingdata down by category or time period, ensuring thatit is fully and effectively searchable by keyword,and publishing supplementary data sets to aidanalysis. For example, in June 2010 the UK Treasuryreleased several years’ worth of COINS (CombinedOnline Information System) data through BitTorrent.COINS is the system the Treasury uses to keeptrack of spending across the public sector. Twomonths later, they published the first in a series ofadditional datasets utilising the raw data, in the expressedhope of “mak[ing] key parts of the COINSdata accessible, manageable and comprehensibleto the wider public, whilst maintaining a low level ofaggregation.” 11 However, the Treasury’s guide to theCOINS release acknowledged that, even with theseadditional datasets, “the files are large and the dataheld within the files complex. Using these files willrequire some degree of technical competence andexpertise in handling and manipulating large volumesof data. It is likely that these data will be mosteasily used by organisations that have the relevantexpertise, rather than by individuals. By having accessto these data, institutions and experts will beable to process and present them in a way that ismore accessible to the general public.”The Treasury was correct to assign the lion’sshare of analysis to external parties. The problemwith leaving the responsibility for categorising, aggregating,dissecting and analysing data entirely inthe hands of governments is that such activity tendsto involve imposing subjective hierarchies, meaningthat the data is filtered through certain perspectivesand priorities. While this is still the case when“institutions and experts” are performing the task,there will at least be a range of different interestsat play, a reduced interest in concealing governmenterror or corruption, and thus less potential11 www.hm-treasury.gov.uk/psr_coins_data.htmThematic reports / 17

for compromising the principles of transparency.Government bodies should encourage as much civicparticipation in data analysis as possible by widelyadvertising the availability of raw data and byrewarding the most innovative and useful approaches.For example, the NYC BigApps project offeredUSD 50,000 in cash and other prizes to softwaredevelopers for the best new apps utilising New YorkCity open data to help local residents, visitors andbusinesses. 12So-called “civic hackers” like the ones that participatedin the BigApps challenge often pick up theslack when the state fails to provide even the mostrudimentary tools for understanding the informationit disgorges. The website Indian Kanoon wasborn of its developer’s frustration with the failingsof the official Indian government judicial rulingswebsite (www.judis.nic.in), which has extremelypoor keyword search capabilities and does notorder search results by relevance. As a result, thewealth of information it contains – over 1.5 millionrulings – is rendered largely unusable. SushantSinha launched Indian Kanoon in January 2008.The website indexes judgements from the SupremeCourt, the high courts and various tribunals andlinks them to the relevant statutes. Importantly, itprovides all these tools free of charge.Public access to, and understanding of, nationallaw is crucial to any functioning democracy. As Sinhaexplained: “Even when laws empower citizensin a large number of ways, a significant fraction ofthe population is completely ignorant of their rightsand privileges. As a result, common people areafraid of going to the police and rarely go to court toseek justice. People continue to live under the fearof unknown laws and a corrupt police.” 13 Indian Kanoonis now helping to remedy that situation; it isused by approximately half-a-million unique usersper month, widely promoted on Twitter and Facebook,and since March 2012 a mobile version hasbeen available.Privacy versus transparency?The traditional expression of the relationship betweenprivacy and transparency as a balancing actbetween the rights of the individual and the interestsof the community is a false dichotomy that hasled to a great deal of confusion in the operation ofFOI/RTI laws. There is in fact a significant overlap inthe contents of the two regimes, as former UK InformationCommissioner Richard Thomas has noted:“Both involve the growing discipline of information12 2011.nycbigapps.com13 www.technologyreview.com/tr35/profile.aspx?TRID=1049rights – or rather the information duties and obligationson those who are holding either personalor official information. Both are heavily concernedwith transparency and access. Both have a widehorizontal impact affecting virtually every aspect ofpublic, commercial and private life.” 14More broadly, both privacy and transparencyare tools of public good essential for the properfunctioning of a democratic society, and both aredefences against abuses of power. Yet there areinevitably times when they come into conflict. Forexample, many records held by public bodies inevitablyidentify, or contain personal informationabout, their employees. It may well be in the publicinterest for there to be transparency about the salariesor salary brackets attached to certain roles, thelevel of seniority of officials responsible for makingcertain decisions, or which officials attendedcertain meetings with third parties. Public bodiesalso hold the kind of personal data many employersrequire of their employees, such as their home addresses,salary information, employment historiesand photographs, and occasionally (though rarely),it may be in the public interest for some of this informationto be revealed. Yet the right to informationenshrined in domestic legislation cannot automaticallytrump the human right to privacy, or vice versa– one must always be weighed against the other.Every national FOI/RTI law in the world hasan exemption for personal privacy, and it is an extremelypopular one; in the US the exemptions forpersonal privacy and law enforcement records concerningindividuals have consistently been the twomost frequently used exemptions, and in Canada,the privacy exemption was used in 31% of all refusals.15 Given the vast, and increasing, amountsof information about citizens held by most governments,strong safeguards designed to prevent theunwarranted release of sensitive personal detailsare crucial. However, it is equally important thatthe right to privacy not be used as a “fig leaf” forthe mistakes or misdeeds of public officials. For example,during the battle for the publication of theexpenses of British members of parliament (MPs),it was repeatedly claimed that disclosing certaininformation (e.g. detailed breakdowns of claimsfor running second homes) would be an invasion ofthe MPs’ privacy. When the courts finally ruled thatsuch information ought to be disclosed, it became14 Thomas, R. (2008) Freedom of Information and Privacy – theRegulatory Role of the Information Commissioner, paper presentedat the Centre for Regulated Industries Occasional Lecture 21,National Liberal Club, London, UK, 9 January.15 wbi.worldbank.org/wbi/Data/wbi/wbicms/files/drupal-acquia/wbi/Right%20to%20Information%20and%20Privacy.pdf18 / Global Information Society Watch

clear that many MPs had been abusing the systemby wrongfully claiming thousands of pounds oftaxpayers’ money to cover bogus costs or extravagancesfar beyond the realm of acceptability.Some cases may be considered less clearcut.In 1998, the daughter of a Thai woman calledSumalee Limpaovart was denied entry to the elite,government-run Kasetsart Demonstration School.Limpaovart was told that her daughter had failedthe entrance exam. She subsequently requested thetest results for her daughter and the 120 successfulapplicants; the school refused, but she appealedto Thailand’s Official Information Board for an orderto force the school to release the information.While the appeal was in process, the school offereda compromise: an anonymised list of test results.To include the children’s names, the school argued,would infringe their right to privacy. The list showedthat a third of the students had also received a “failing”grade, but had nonetheless been given a placeat the school. Limpaovart suspected that thesestudents were dek sen, children from privilegedfamilies who used social connections or bribes tosecure their offspring’s entrance to the (publiclyfunded) school, but it took another year before theBoard ordered the disclosure of students’ names.It then became clear that many of them came fromprominent political and business families. The ThaiState Council ultimately ruled that the school’sadmissions policy violated the constitutional protectionagainst economic and social discrimination,and schools across Thailand were ordered to reformtheir admissions procedures.In this situation, the anonymised list of testresults was not enough to reveal the corruption atthe heart of Thailand’s education system; exposing(and thus ending) this corruption required thatthe children’s privacy be invaded and their namespublished. Yet unlike the MPs, the children werenot responsible for the misdeeds of their parentsand teachers. While the public good that flowedfrom this invasion was ultimately very significant, itwas unclear beforehand that the publication of thechildren’s names would benefit anyone except, possibly,Limpaovart’s daughter. The balancing of theright to information and the right to privacy is perhapsone of the more challenging aspects of FOI/RTI legislation, and getting that balance wrong canhave disastrous consequences.In conclusion, it seems that there is still roomfor improvement in both the drafting and the applicationof FOI/RTI legislation. Candidates for publicoffice tend to pay lip service to government transparencybut show little genuine commitment to itonce in power. Officials still see both national securityand privacy as “get out of jail free” cards allowingthem to dodge requests for embarrassing information.And many governments have yet to learn thatdisorganised outpourings of information actuallyundermine transparency. Yet for dozens of countries,particularly in the developing world, FOI/RTI lawsare still relatively new, and enthusiasm around themis high. People are aware that, when used effectivelyby citizens and applied correctly by public officials,they can be a powerful tool for combating corruptionand holding the powerful to account. By contrast,government transparency seems to be dwindlingin the US, which has had a Freedom of InformationAct for over half a century. It may be that the rightto information, like a muscle, needs frequent andvigorous exercise in order to function as effectivelyas possible. Regular FOI/RTI requests remind governmentsthat state transparency is the rule, not theexception to the rule, and that every citizen has thepower to expose dishonest or abusive systems at hisor her fingertips. And although the role of the internetin realising and strengthening this power is notalways a straightforward one, information technologiescan be extremely valuable tools for promotingtransparency and empowering citizens. nThematic reports / 19

Transparency reportingJames Losey and Grady JohnsonOpen Technology Institutewww.opentechinstitute.orgDon’t censor censorship:Why transparency is essentialto democratic discourseIntroductionAs the internet has grown, so have the interpretationsof how national laws should be applied andenforced. How governments and companies perceivetheir various roles in this debate has a directimpact on freedom of expression and privacy, andthough their full extent remains unknown, todaycensorship of online content and the sharing ofusers’ private data are established practices. It ishow we approach this fact going forward that matters,and both governments and companies havea role to play in fostering an honest and informedconversation.Every society must contend with questionsaround the sanctity of citizens’ private informationabout what constitutes acceptable content. Thegoal of transparency is not to prescribe policy, butto create space for a democratic discussion of thetrade-offs each society must ultimately make. Ascitizens and users, it is important to understandhow and when our communications may be blockedor monitored, by whom and for what reasons.Increasingly, those governments most eagerto remove content and access users’ private dataare not “the usual suspects”, but many Westerndemocracies that concurrently support conceptsof internet freedom. Ultimately, any policies withthe potential to impact citizens’ and users’ rightsto free expression and privacy must be subject tointense scrutiny. Transparency is essential to thisprocess.This report provides an overview of how somecompanies are already taking steps to be moretransparent, and how these efforts can be expandedand improved upon. This includes a discussionabout what types of companies should considertransparency reports, and the relevant data thatshould be reported. Finally, we discuss the role ofgovernments and how they can support a democraticdiscussion of these issues.Why transparency?Internet companies operate in a complex legal environmentand restrictions of content online candiffer greatly between countries. For instance, theUnited States’ (US) Digital Millennium Copyright Actrequires the prompt and thorough removal of contentdeemed to infringe copyright – a process initiated notby the government but private actors. In India, theInformation Technologies Rules require websites toblock content that could be considered harmful, harassing,blasphemous, defamatory or libellous, 1 whileThailand’s Computer Crimes Act is actively used toprosecute individuals and even website operators forcontent considered defamatory to the royal family. 2How companies interpret local laws – and how andwhen they comply – can have profound implicationsfor freedom of expression.A company’s terms of service can also impactheavily on users’ rights. Beyond their legal requirements,companies act as de facto sovereigns of theirpiece of cyberspace – in her book, Consent of theNetworked, Rebecca MacKinnon describes theseonline kingdoms by names like “Facebookistan”and “Googledom”. The community guidelines forthe popular blogging site Tumblr explicitly forbidusers from posting content that is “harmful to minors”or “malicious bigotry”. 3 Both Facebook 4 andTumblr 5 have recently updated their policies to includecontent dedicated to self-harm and eatingdisorders. Despite their obvious impact on freedomof expression, there is little transparency aroundhow companies craft these policies, or evaluatewhen and if violations have occurred.1 www.mit.gov.in/sites/upload_files/dit/files/GSR314E_10511%281%29.pdf2 See Tunsarawuth, S. and Mendel, T. (2010) Analysis of ComputerCrime Act of Thailand, Centre for Law and Democracy, availableat www.law-democracy.org/wp-content/uploads/2010/07/10.05.Thai_.Computer-Act-Analysis.pdf3 www.tumblr.com/policy/en/community4 www.facebook.com/communitystandards5 www.bbc.co.uk/newsbeat/1719586520 / Global Information Society Watch

Twitter documents requests for user data, totalnumber of users impacted, and the percentageof requests complied with for 23 countries, whileSonic.net and SpiderOak publish data on requestswithin the US. LinkedIn publishes the number ofrequests received, member accounts impacted,and their compliance rate for five countries, includingthe US. Google also documents requestsfor user data, including the number of requestsreceived per country (with some exceptions), thenumber of users/accounts associated with therequests, as well as the percentage that Googlecomplied with. The data requests listed here referonly to criminal investigations.Cloud services are particularly relevant with regardsto user data requests. Dropbox documentshow many times law enforcement requests datawhile Sonic.net subdivides these requests into civilsubpoenas and law enforcement requests. Sonic.net also lists how much data was surrendered, includingtheir rate of compliance. SpiderOak goes astep further and differentiates between federal lawenforcement requests and state law enforcementrequests. The company also lists how many courtorders were issued, the number of times user datawas surrendered, and the rate of compliance.Additional transparencyGoogle includes real-time and historic traffic data intheir transparency report, which can be used to documentwhen services are not accessible in specificcountries. 15 In one famous case, the data from Egyptin January 2011 was used to document the precipitousfalls in traffic as the internet service providerswere shut down, one at a time.Often, companies are forbidden from informingtheir users that they have turned data over tolaw enforcement. In order to circumvent this, somecompanies have implemented a “warrant canary”,an automated system telling users at regular intervalsthat their data has not been requested. If thecanary falls silent, users should assume their datahas been accessed.RecommendationsPrivate industryCopyright removalResponding to copyright-related takedown noticesis a unique challenge. This is by far the mostcommon form of content removal, typically issuedvia private firms or individuals, and often involvesinterpreting complex questions of fair use and15 www.google.com/transparencyreport/traffic/intellectual property rights. Further complicatingthe matter are the safe harbour provisions inlaws like the Digital Millennium Copyright Act,which grants immunity to service providers providedthey remove the offending content within24 hours. The sheer volume of requests, coupledwith such restrictive response times, is a recipefor overblocking. Indeed, it is a well-documentedoccurrence. 16Given this reality, our recommendations arethree-fold. First, companies must formulate andpublish their internal mechanisms for processingrequests, including a clearly articulated appealsprocess for users who feel their content has beenremoved unfairly or by mistake. Second, a regulartransparency report should document the numberof takedown notifications, the amount of content includedin each request, the rate of compliance, thenumber of users affected, and the number of removalrequests published. Finally, reports should alsocite from whom the request originated and underwhich law or laws the content has been challenged.Where possible, companies should include the URLor at least a brief description and categorisation ofthe content that has been removed.Additionally, users should be notified (as far asis possible) that their content has been removed.“Users” in this case refers not just to the contentowner, but all users – visitors should be presentedwith a visible notification when attempting toaccess the original content. One example is thesuggested 451 error code, inspired by the bookFahrenheit 451. 17 Lastly, companies should publishthe takedown requests through the Chilling EffectsClearinghouse or similar databases.Faced with such an overwhelming number oftakedown requests, companies are bound to makemistakes. The purpose of transparency is to giveusers the tools to detect them, and to provide an appropriatemeans of recourse when such accidentsoccur.Government removal requestsGovernment removal requests take many forms,and any reporting should reflect this. Companiesshould first differentiate between requests thatoriginate from government agencies and those fromlegal cases. Government agencies should be furthersubdivided into federal and local law enforcement –or any other state entities – and court-issued orders16 www.openrightsgroup.org/blog/2012/new-reports-ofoverblocking-on-mobile-networks17 www.guardian.co.uk/books/2012/jun/22/ray-bradbury-interneterror-message-45122 / Global Information Society Watch

separated from informal requests (if such requestsare to be honoured at all). Perhaps most importantly,reports should make clear the reason (citing anyapplicable laws) for the removal of content.Without knowing the origin, justification andlegal processes involved in a request, it is impossibleto judge its validity. Speculating that Argentinablocks less content than say, Italy, invites only unfaircomparisons. Equally important to the amountof content removed is the procedure through whichrequests are issued and processed.As with copyright, whenever content is removedthere must be ample notification. A “block page” or451 error code is appropriate in this case and shouldinclude the relevant laws and agencies associatedwith the request.Government requests for user dataRequests for user data are a complicated issue.Companies are obliged to cooperate with localgovernments, but they also have a responsibilityto protect their users’ privacy. Transparency in thiscase is not straightforward: several companies havemade the case that publishing user data requestscould threaten ongoing investigations. 18The solution here is first and foremost proceduraltransparency. Like governments, companiesmust have clearly articulated procedures for whenand how they are allowed to access and share theirusers’ private information. When this process hasnot been honoured, companies are obliged not tocomply. Companies should further detail and publishwhat constitutes an unreasonable request, andmake it policy to challenge such requests and anyassociated gag orders.Companies should report on the number andtype of requests, with at least a distinction betweenthose with warrants and without. This data shouldthen be divided by country and include the agencyor agencies involved and any applicable laws. Includedshould be the compliance rate, as well as anylegal challenges against unreasonable requests.Unless specifically ordered otherwise, companypolicy should be to inform users that their data hasbeen accessed. Some companies may also want toconsider implementing a warrant canary system ifthey lack the legal resources to challenge unreasonablegag orders.GovernmentsGovernments can also play a crucial role in increasingtransparency. By reporting on their owntakedown and user data requests, governmentshave the opportunity to show their commitment toopenness and also to corroborate reports from privateindustry. 19Governments should first create a public resourceon the policies that allow the restriction ofcontent online, or which government agencies arepermitted to access the personal data or communicationsof citizens. Second, governments shouldtrack and publish statistics on all requests to blockcontent or access user data. This is already partlyin practice in many countries – in the US, courtsrelease an annual document on all authorised wiretaps(with some exceptions). However, this reportexcludes other types of surveillance, like requestsfor user identities, communications history, messagesand location tracking. 20 A complete reportwould document all such requests and classifythem accordingly.Finally, governments should contribute this informationto a public database of all such requests.Currently, the Chilling Effects Clearinghouse servesas a repository for takedown requests, includingcopyright and parody, 21 and could be expanded toincorporate this new data.ConclusionTransparency is not a panacea for the abuse of humanrights, nor do transparency reports alleviatecompanies and governments of fault when restrictingfreedom of expression. Governments and companiesalike are well positioned to provide this debate withaccurate and timely data supporting a democraticdebate on policies that result in censorship andsurveillance. Combined with scrutiny, transparencyreports provide a necessary, but not sufficient, componentof supporting internet freedom. n18 www.google.com/transparencyreport/userdatarequests/faq19 One concept of this idea is outlined by Joakim Jardenberg in theStockholm Principles. stockholmprinciples.org20 www.uscourts.gov/Statistics/WiretapReports/WiretapReport2011.aspx, www.aclu.org/protecting-civil-liberties-digital-age/cellphone-location-tracking-public-records-request21 www.chillingeffects.orgThematic reports / 23

Using technology for collaborative transparency:Risks and opportunitiesShawna FinneganAssociation for Progressive Communications (APC)www.apc.orgIntroductionBy undermining public trust and eroding societal infrastructure,corruption contributes to and is broadlyindicative of widening power inequalities in manycountries. The often insidious nature of corruptionmakes it difficult to address, and often requires substantialchanges to regulation and public oversight.Transparency is an important tool in combatingcorruption, exposing weaknesses in governance structuresand encouraging participation in governance.Open and crowd-sourced approaches to informationprovide an opportunity to extend the link betweentransparency and participation further, providing anenormous opportunity for sharing and accessing informationon not just corruption, but all aspects ofgovernance. However, as recent technology-driventransparency projects have demonstrated, effectingoffline change is a long and complex process. Thisreport examines the barriers to effective technologydriventransparency, highlighting the importanceof multi-stakeholder collaboration in implementingtransparency and overcoming these obstacles.Transparency and technology in a wider contextWhile transparency is a tool for combating corruption,it is also part of overarching societal goals ofaccountability, democratisation and good governance.This connection is based on the assumptionthat using newly disclosed information, citizens,media, civil society and government officials willinvestigate and positively influence policy. This is abig assumption, and is very much tied into specificpolitical, social, economic and cultural contexts. Forexample, existing evidence suggests that the democratisingpower of transparency depends largelyon its ability to link into ongoing political and socialmobilisation. 1 Transparency can transform existingpower structures, but often fails to, based in part onhow problems are framed and the capacity of usersto interpret and use information. 2Many of these same power and knowledge asymmetriesplague technology projects, particularly asthey have begun to tackle complex governance issues.While open source technology is a valuabletool in implementing transparency, work towardsaccountability and good governance is complex,with high stakes and a diverse set of stakeholders.Issues of privacy, security, trust, inclusivity andcapacity take on new importance as technologistsnavigate real-world communities, which in manycases hold very different values to those espousedby the open source community. At the same time,local groups, government, mass media, NGOs andthe global community must make space for technologyand the new skill sets required to integrateonline tools into development work.Examining a series of technology-for-transparencypilot projects, 3 this report begins with a briefinvestigation into some of the obstacles to effectiveimplementation, highlighting the communicationand knowledge network gaps that exist. Turningto recent research on this topic, the report goeson to explore the concept of collaborative learningnetworks and their impact on existing gaps in engagement,trust and knowledge.Undermining accountability: Barriers facedby technology-for-transparency projectsTurning online activity into offline change continuesto be a struggle for digital activists all over theworld, and projects aimed at addressing issues ofcorruption are no exception. Low engagement anda lack of infrastructure are commonly cited obstaclesfor many technology projects; however, theyare particularly relevant in the case of transparency,where participation from a diverse set of actors isessential to the success of most initiatives. Privacyand security are also growing concerns, particularly1 Berdou, E. (2011) Mediating voices and communicating realities:using information crowdsourcing tools, open data initiatives anddigital media to support and protect the vulnerable and marginalised,Institute for Development Studies. www.dfid.gov.uk/r4d/PDF/Outputs/Misc_InfoComm/IDS_MediatingVoices_FinalReport.pdf2 Mason, M. (2008) Transparency for whom? Informationdisclosure and power in global environmental governance, GlobalEnvironmental Politics, 8(2), p. 8-13.3 Taken largely from transparency.globalvoicesonline.org24 / Global Information Society Watch

given the recent trends toward government censorshipand monitoring. 4Low engagementEffecting offline change often requires a shift inperception of civic engagement. While many technologyprojects report substantial interest fromcitizens, some, particularly those focusing on disseminatinggovernment information rather than oncollecting citizen input, have difficulty gaining andsustaining citizen engagement. In many countries,there is little public awareness and understandingof government activity, or of the power of citizenoversight. The founder of Cidade Democrática(“Democratic City”) in Sao Paulo, Brazil observedthat the majority of citizens believe that improvingcivic services is not their responsibility, due in partto the top-down nature of the state. 5 In Venezuela,ProAcceso, a project pushing for right to information(RTI) laws, found that even where laws existedto protect and empower citizens, they were not wellknown or understood. In response, the project developersinstead focused on providing informationthat is directly relevant to individual and communitylife – such as information on education and publichealth for a mother with young children. 6When data is being collected from individualsand communities, low engagement could alsobe a result of distrust or poor relationships withthe intended users of disclosed information. Localmappers working on the Map Kibera communitymapping project were originally met with suspicionby residents, and questioned about their right tocollect and record information. Some mappers wereasked whether they were being paid for their work,or were asked for payment in return for the datathey received. 7Engagement with mass media and citizen journalistsis also an essential component to achievingwider social impact by transparency-for-technologyprojects. When asked how their project wouldspend additional funding, many transparency pilotsinterviewed by Global Voices focused on citizenand local media capacity building with online tools,new media, reporting and investigating. 8 This isan important aspect of taking technology projectsbeyond the “disclosure” stage. Local mass and in-4 For example: www.apc.org/en/press/digital-security-becomeskey-concern-women-rights5 transparency.globalvoicesonline.org/project/cidade-democrática6 transparency.globalvoicesonline.org/project/proacceso7 Berdou (2011) op. cit.8 For example: transparency.globalvoicesonline.org/project/penangwatch;transparency.globalvoicesonline.org/project/africanelections-projectdependent media must be aware of and able to usethe information collected by technology projects inorder to hold governing actors accountable.A lack of engagement with governing actors atvarious scales can also be a substantial obstaclein combating corruption through technology. Distrust,animosity and secrecy are commonly citedissues for technology projects working towardsgovernment accountability, often exacerbated bya lack of communication and consultation on bothsides. Government officials can be an essential allyin increasing government transparency, pushingfor legislative reform based on reported data. Thiswas the case in Bangalore, where the transportcommissioner for the state of Karnataka used datacollected from the online platform “I Paid a Bribe”to push through reforms in the motor vehicle department,including online applications and videomonitoring to drive down corruption and increasetransparency. 9One of the most commonly raised issues amongpilot technology projects is the need for clear outcomesfrom citizen engagement. In many casesthere was significant interest from communities,but when the project was unable to effect change,interest and support for the project waned. 10 Conversely,when participants felt that their input hadled to a definitive outcome, even if that outcomedid not translate directly into accountability, confidencein the value of the tool, and in contribution,increased.This has been the case for the Kiirti 11 programmein India, which aggregates and visualises citizencomplaints and questions on a variety of issues usingFrontlineSMS and Ushahidi. According to thedevelopers of Kiirti, users of the platform are able tobring about a change in their community with minimaleffort. These changes are often very local, suchas changing a streetlight or paving a road; however,there is a substantial impact on the mindset of users,and there is an expectation that as participationincreases, governing actors will be forced to tacklemore complex issues.Lack of infrastructureIn discussing technology, infrastructure is often understoodas the physical networks required for accessto the internet. But this is only one of many structuresneeded to realise the potential of transparency.9 Strom, S. (2012) Web sites shine light on petty bribery worldwide,The New York Times, 6 March. www.nytimes.com/2012/03/07/business/web-sites-shine-light-on-petty-bribery-worldwide.html10 For example: transparency.globalvoicesonline.org/project/centremonitoring-election-violence11 transparency.globalvoicesonline.org/project/kiirtiThematic reports / 25

Technology projects also rely on what is sometimesreferred to as “soft infrastructure” – systems of governance,education, regulation, culture and socialsupport. 12 These structures are very much tied intoissues of engagement, and in some cases it maybe necessary to build up soft infrastructure beforeeffectively engaging various actors. Ideally, technology-driventransparency projects should have clearframeworks for implementation and progression,which ultimately rely on existing and emerging networksof activism, institutional and financial support,and participant capacities.The founders of Map Kibera revealed the importanceof infrastructure in their communityinformation project, which originally started asa three-month pilot. 13 Partnering with the KiberaCommunity Development Agenda (KCODA), aside project for Map Kibera involved developingan online mapping application to monitor the statusof projects funded by the Kenya ConstituencyDevelopment Fund (CDF). Individuals could submitphotographs and reports on the real status ofprojects, contrasting those with official governmentreports. Information was also provided onthe amount of funding allocated, the contractorinvolved, and geographic location. Unfortunately,there was limited time for training with the webapplication, and the collection of evidence wasnot well organised. When the tool was presentedat a community forum on local budgets, some ofthe reports were shown to be out of date, whichweakened confidence in the tool more broadly. 14 Reflectingon the project, one of the developers, MikelMaron, suggested that limited time and resourceswere substantial constraints to building capacitiesand structures for long-term engagement. 15Short-term funding is a major issue for manytechnology projects, and can prevent the developmentand maintenance of essential structures. At arecent workshop hosted by the Bridging Transparencyand Technology partnership, one participantdescribed how a well-planned project fell victim toa 12-month timeline, which focused on results overlongevity. 16 Funding was a major issue for most ofthe projects examined by Global Voices, with muchof the work done on a voluntary basis by only a fewdedicated developers. 1712 en.wikipedia.org/wiki/Infrastructure#Types_of_soft_infrastructure13 Maron, M. (2012) Personal communication.14 groundtruthinitiative.org/2011/11/29/revealing-transparency-andits-relation-to-community-empowerment15 Maron (2012) op. cit.16 www.revenuewatch.org/news/blog/building-bridges-betweenpolicy-and-tech-transparency-camp17 transparency.globalvoicesonline.orgLanguage is another aspect of soft infrastructurethat, if overlooked, can significantly restrictthe impact of technology-driven transparency.In compiling best practices for ICTs, Talyarkhannotes the importance of addressing local languageneeds before developing communication strategies.18 This is particularly important given recentcalls for more online content in local languages incountries such as South Africa. 19 Moreover, manypeople prefer to receive information orally at faceto-facemeetings, which allow for demonstrationsand follow-up. 20 In Malaysia, the coordinators ofPenang Watch used face-to-face meetings to collectcitizen complaints, train participants and buildinterest in the project. 21Privacy and securityThe potential for transparency to threaten thesecurity of marginalised communities and to reinforceexisting power inequalities carries no smallrisk. Governing authorities may garner internationallegitimacy and attract funding while at thesame time exerting increased control over communitiesthrough greater understanding of localconditions. As information is gathered by state orexternal authorities, it is reduced to standardisedpieces of information that allow citizens to be easilymanaged. 22In her 2011 report on the opportunities and challengesof open ICT for vulnerable and marginalisedcommunities, Evangelia Berdou highlights tensionsand risks associated with the open provision, collectionand dissemination of information in the contextof under-resourced and politically contested spaces.The results of an in-depth study of Map Kibera in thefirst six to eight months of the project revealed persistentbarriers to accessing information and risksof project participant exploitation due to increasedvisibility. Young mappers received requests forcollaboration by external actors on a number of occasions,some of which were judged to be exploitative, 23revealing a need for structures to train and protectparticipants from abuse. In November 2010 Map Kiberadeveloped a trust, which provides an importantorganisational framework, including structures forprocessing external requests.18 Talyarkhan, S. (2004) Connecting the first mile: A frameworkfor best practice in ICT projects for knowledge sharing indevelopment, Intermediate Technology Development Group(ITDG).19 lib.ohchr.org/HRBodies/UPR/Documents/session13/ZA/JS4_UPR_ZAF_S13_2012_JointSubmission4_E.pdf20 Talyarkhan (2004) op. cit.21 transparency.globalvoicesonline.org/project/penang-watch22 crookedtimber.org/2012/06/25/seeing-like-a-geek23 Berdou (2011) op. cit., p. 17.26 / Global Information Society Watch

At the same time, online privacy, censorship andsecure communications present new challenges totechnology-for-transparency projects. This includesdangerous restrictions to freedom of expressionand access to information by marginalised communities.For example, in July 2012 the PakistanTelecommunication Authority banned a watchdogwebsite that documented violence against Shi’iteMuslims in the country, citing the propagation ofreligious views as reason for the suppression. 24There are also substantial risks to the privacy ofonline communications in many countries, as onlinesurveillance continues to be touted as a tool forcombating issues from online piracy to terrorism. 25Technology-driven transparency projects need tobe cautious in how they collect and use data, andensure that participants know how to protect theirright to privacy online.Collaborative learning networksOnline tools provide an important opportunity for“collaborative transparency”, where the users of datacreate and shape information content, allowing for alevel of interactivity not present in offline transparencyprojects. 26 At the same time, as this report has highlighted,there are a number of obstacles to achievingeffective collaborative transparency, including the veryreal danger that intended users do not have the capacitiesto understand and use disclosed information.There are often substantial communication, trust andknowledge gaps that exist as a result of low engagementand a lack of infrastructure.Collaborative multi-stakeholder learning networksprovide an opportunity to bridge these gaps.In conducting her research on the impact of onlinetools, Berdou found that non-profit technology companiesand open source technology entrepreneursplay a significant role in supporting the uptake ofonline tools by activists and organisations. By sharingskills and knowledge, these partnerships canimprove the design and impact of technology-driventransparency. Concluding her report, Berdou asksthe important question of how partnerships andnetworks can be constructed to promote learningand support the successful use of online tools andplatforms.The partnerships and networks developedaround transparency in the extractive industriesprovide some insight into this question. PublishWhat You Pay (PWYP), a global network of 650civil society organisations, works with multi-stakeholderinitiatives such as the Extractive IndustriesTransparency Intiative (EITI) to advocate for andimplement disclosure of information on extractiveindustry revenues and contracts. 27 In 2010, GhanaianPWYP members issued a statement to thenational government, based on consultations withcommunity and faith-based organisations from allten regions, as well as media and development partners.28 Among the recommendations was a call forthe development of a public oversight committee,which was subsequently established in 2011 underSection 51 of the Petroleusm Revenue ManagementAct. 29 In May 2012 the public oversight committeepublished a report indicating discrepancies in fundspaid and received by the national oil company. Massmedia picked up the story, and as a result the governmentreleased new documents which confirmedthe discrepancy and disclosed the location of themissing funds. 30 PWYP network members are alsopart of Ghana’s multi-stakeholder EITI steeringcommittee, which regularly reviews governmentreceipts and disbursements of revenues from theextractive sector. 31These two coalitions contribute, along withinternational NGOs like Revenue Watch and TransparencyInternational, to greater oversight andaccountability in resource-rich countries, fightingcorruption and contributing to sustainable development.Like many multi-stakeholder initiatives theseactors still struggle to effectively engage andempower citizens on a broader scale. However,by creating spaces where all stakeholders canparticipate in the design and implementation oftransparency, PWYP and EITI contribute to a cultureof participatory governance.As technologically driven transparencycontinues to grow, these same structures of multistakeholdercollaboration must develop. In someareas this is already occurring, such as the newlyformed Bridging Transparency and Technologyproject, 32 which has hosted a number of workshops24 Ahmad, S. and Zafar, F. (forthcoming) Internet rights in Pakistan, inGlobal Information Society Watch Special Edition; tribune.com.pk/story/409505/ban-on-shia-website-police-disperse-protest-rallyin-karachi25 giswatch.org/en/freedom-association/internet-intermediariesnew-cyberpolice26 Fung, A., Graham, M. and Weil, D. (2007) Full Disclosure: ThePerils and Promise of Transparency, Cambridge University Press,Cambridge UK.27 www.publishwhatyoupay.org/about28 www.oxfamamerica.org/publications/ghanas-oil-readiness-report29 www.piacghana.org30 www.revenuewatch.org/news/blog/ghana-citizen-oversightreport-yields-debate-disclosures31 Dykstra, P. (2011) EITI 2011: Learning from success and challenges,Revenue Watch Institute. www.revenuewatch.org/EITIreports32 www.revenuewatch.org/news/blog/building-bridges-betweenpolicy-and-tech-transparency-campThematic reports / 27

and meetings to discuss how online tools can bestbe utilised by transparency projects. Although it isnot clear yet how the recommendations and strategiesfrom these meetings will be implemented, theproject provides a vital space for continued discussionand partnership building.ConclusionThis report has highlighted a number of threats thatarise from technology-for-transparency projects,including issues of trust, privacy and security of localdata. Bringing together a diverse set of actors,collaborative transparency networks can work toovercome these threats, and can capitalise on opentechnology to encourage accountability in governance.In particular, pre-existing relationships withthe various actors and an understanding of localeconomic, political and social issues mitigate manyof the dangers that arise from technology for transparencyprojects.At the same time, the development of collaborativenetworks does not guarantee thattechnology-for-transparency projects will be successfulin the long run. Short-term funding, lowengagement, and a lack of infrastructure are onlya handful of the obstacles facing technology-fortransparencyprojects. Corruption does not simplydisappear when it is exposed. In truth, disclosurewithout effective response may only serve to emboldencorrupt officials and dishearten those whostruggle against them. The process of achievinggreater accountability in governance is long andcomplex. Online tools can contribute to this process,but that contribution is not guaranteed, andis almost certain to fail if implemented withoutsubstantial consideration of and engagement withrelevant stakeholders and structures of governance.n28 / Global Information Society Watch

In search of transparency:From “using” to “shaping” technologyArne Hintz and Stefania MilanCardiff University and The Citizen Lab,University of Torontowww.cardiff.ac.uk/jomec and citizenlab.orgIn an age in which power equals “the possession,assimilation and retailing of information as a basiccommodity of daily life,” 1 transparency has becomea luxury and is no longer a given. Cyberspace ispopulated by an ever-growing number of invisiblebarriers making knowledge sharing and circulationdifficult, such as strict copyright enforcement andcontent-based discrimination. Digital technologies,however, can contribute to increase transparencyand fight corruption. They can amplify and facilitategrassroots mobilisation, and allow an unprecedentedoutreach and scaling up of protest. Numerousinitiatives that work towards creating and expandingtransparency happen in the realm of technologicalactivism or at the level of policy activism. Here wewant to point to three of them: Anonymous, Wiki-Leaks and the Icelandic Modern Media Initiative(IMMI) represent different ways – yet with sharedcharacteristics – in which digital technologies canhelp leverage the grassroots demands for transparency.They demonstrate how technology canbe used, but also how it needs to be shaped anddeveloped in order to enhance social and politicalchange. They emerge at the intersection betweencontent and infrastructure concerns, and theytherefore demonstrate the need to combine transparencyas a political goal with transparency of thetechnological infrastructure that serves to advancethis demand. In what follows we illustrate thesethree instances of internet-enabled and internetfocusedmobilisation, and we explore, in particular,how they address, implicitly and explicitly, a changingenvironment for online communication.Net challenges and opportunitiesDuring its short history as a public communicationplatform, the internet has enabled people tospread information further and wider than before,1 Sterling, B. (1993) The Hacker Crackdown: Law and Disorder on theElectronic Frontier, Bantam, New York.and to bypass the traditional gatekeepers such asmass media, infrastructure providers and the state.In this way it has constituted a crucial tool for civilsociety campaigners and social movements, withrecent examples including the widely debated roleof technology in the “Arab Spring”. However, asits uses have progressed, so have the attempts byboth public and private actors to control and restrictwhat was previously seen as borderless, “free” anduncontrollable cyberspace. The filtering of webcontent has become a common practice across theglobe, and states in both the East and West now restrict(and persecute) the dissemination of contentdeemed illegal or illegitimate. 2 Intermediaries suchas internet service providers (ISPs) and search enginesare increasingly enlisted by governments tocontrol and restrict access to content, effectivelybecoming proxy censors. Access to infrastructureand online services has been shut down, particularlyin times of political turmoil (for example inEgypt in January 2011), and the “three strikes” lawsin France and elsewhere restrict people’s internetaccess if they violate intellectual property law bydownloading copyrighted content. The controversieson net neutrality – initiated in the US andincreasingly spreading to other jurisdictions – havehighlighted the role of network providers as potentialgatekeepers who may discriminate againstsome content, for example dissident or non-profitcontent. Access to critical resources such as fundingincreasingly takes place online through companiessuch as PayPal: their decision to withdraw servicesor limit access can cripple a media organisation, ashappened with WikiLeaks. Finally, with the ubiquityof electronic communication, the “capacity of thestate to gather and process information about itscitizens and about the resources and activities withinits space is growing by orders of magnitude.” 3We are witnessing a trend toward systematic and2 According to the OpenNet Initiative, 47% of the world's internetusers experience online censorship, with 31% of all internet usersliving in countries that engage in "substantial" or "pervasive"censorship. OpenNet Initiative (2012) Global Internet Filtering in2012 at a Glance, blog post, 3 April. opennet.net/blog/2012/04/global-internet-filtering-2012-glance3 Braman, S. (2006) Change of State: Information, Policy, and Power,MIT Press, Cambridge, p. 314.Thematic reports / 29

ongoing surveillance of all online data, and the erosionof judicial oversight and established notions ofdue process. Recent examples include the EU DataRetention Directive, “lawful access” legislation inCanada, and the Cyber Intelligence Sharing andProtection Act (CISPA) in the US. 4 Internet companiesare gathering significant amounts of user dataand are increasingly forced to hand over data togovernments. For example, Google received 5,950requests by the US government for the disclosureof user data in the first six months of 2011 alone, anumber which was up 70% from 2010.The previously free and open environment for citizens’online communication is rapidly transforminginto a restricted and controlled space, and internetactivists have had to take these changes intoaccount. Efforts to use the internet for advancingsocial change are therefore complemented by, andintertwined with, activism that addresses the platformitself by opening new technological avenuesfor information exchange, looking for and exploitingunrestricted spaces, and advocating policies thatallow for free communication. Net activism, in thisrespect, encompasses web-based collective actionthat both addresses the openness and accessibilityof network infrastructure and exploits the latter’stechnical and ontological features for political orsocial change. Examples include electronic disturbancetactics and hacktivism, self-organisation andautonomous creation of infrastructure, softwareand hardware hacking, and online leaking. In thefollowing sections, we will briefly introduce and discussthree current initiatives whose goals combineinfrastructure and political change.Mobilising for transparency:Anonymous, WikiLeaks and IMMIOne of the most prominent examples of net activismin recent years has been the loose network“Anonymous”. Its self-identified members have engagedin disruptive activities using electronic civildisobedience techniques such as distributed denialof service (DDoS) attacks, and they have mobilisedto increase transparency and circumvent informationblackouts on the web. They have taken actionagainst companies, governments, and individualsthat, in their view, restrict access to informationboth on- and offline. Earlier actions included campaignsagainst the Church of Scientology, accusedof censoring information as well as its members’4 See, for example, Berners-Lee, T. (2012) Analysis: "Cybersecurity"bill endangers privacy rights, ars technica, 18 April. arstechnica.com/tech-policy/news/2012/04/analysis-cybersecurity-billendangers-privacy-rights.arsopinions, and against the International Federationof the Phonographic Industry for its pro-copyrightbattles and its prosecution of the free sharing ofcultural goods. During the Egypt internet blackoutin 2011, Anonymous used a variety of technologicalmeans to facilitate information exchange betweenEgypt and the rest of the world, providing citizenswith alternative communication infrastructure. Effortsto uncover secret information have includedOperation HBGary, named after a security firmwhose CEO, Aaron Barr, had announced he hadidentified the network’s most active members andthreatened to hand them over to the FBI. Anon activistshacked Barr’s Twitter account, downloadedsome 70,000 emails and documents and publishedthem online, uncovering proposals by the companyto the US Chamber of Commerce to discredit WikiLeaks,and thereby providing useful information onsecret collaborations between state agencies andsecurity firms.Having originated in online chat rooms that focusedon (largely politically incorrect) pranks, thenetwork has maintained an orientation to the “lulz”– a neologism that derives from LOL (“laughing outloud”) and indicates the fun associated with pranks.Its particular approach to the defence of free expressionhas been marked by irony and disruption.Unsurprisingly, the authorities in several countries,most prominently the US and the UK, have notbeen willing to see the fun of DDoS attacks andinternet break-ins and have rigorously persecutedAnonymous. Despite its sometimes illegal and oftendeliberately annoying approach, we maintainthat several of the network’s actions and revelationshave, in fact, increased transparency and have shedlight on interesting secrets.A similarly prominent but more formal initiativeagainst information secrecy has been WikiLeaks.Founded in 2006 as an online platform for whistleblowersand for publishing information censoredby public authorities and private companies,WikiLeaks’ goal has been to harness the speed,interactivity and global reach of the internet inorder to provide a fast and secure mechanism toanonymously submit information, and to make thatinformation accessible to a global audience. Partlythrough its own website and partly with the helpof media partners, WikiLeaks revealed extensivecorruption in countries such as Kenya; illegal toxicwaste dumping by British company Trafigura in Côted’Ivoire (which the British media was legally barredfrom reporting); corrupt practices of the financeindustry in countries like Iceland; information onGuantanamo Bay prisoners (the so-called “GuantanamoFiles”) and on the digital surveillance industry30 / Global Information Society Watch

(“Spyfiles”); and many other disclosures of informationpreviously hidden from the public eye. In 2010,WikiLeaks made even bigger waves by publishingthe Afghan and Iraq War Logs, almost 500,000documents and field reports that provided an unprecedentedand comprehensive account of the twowars and revealed thousands of unreported deaths,including many US Army killings of civilians; and bypublishing select US diplomatic cables, taken froma pool of over 250,000 documents, in what becameknown as “Cablegate”. The dispatches offered abroad perspective on international diplomacy, revealingbackroom deals amongst governments, USspy practices on UN officials, cover-ups of militaryair strikes, and numerous cases of government corruption,for example in Middle Eastern and NorthAfrican countries where the revelations fuelled thegrowing anger amongst populations with their nationalelites. In the wake of Cablegate, Wiki Leaksoperations became increasingly hampered by governmentinvestigations of its staff (particularly offounder and editor-in-chief Julian Assange), andextralegal economic blockades that have chokedWikiLeaks’ access to financial resources. WikiLeakshas seen an onslaught of attacks from both publicand private actors, sustained attempts to shutdown its operations, and even calls for Assange’sassassination.WikiLeaks has demonstrated the persistence ofboth governmental and private sector secrecy, aswell as the inability of traditional mass media to uncoverall publicly relevant information and to informthe citizenry comprehensively. As a member of the“networked fourth estate”, 5 its cyber activism hasutilised the possibilities of the internet to increasethe transparency of our political and economic environment,even though it has chosen the morepassive route of providing an upload and publishingfunction, rather than Anonymous’ approach ofaggressively seeking and exposing information onperceived wrongdoings. Its core goals have focusedon content provision – releases of information thatis relevant for public knowledge – but technologicalas well as legal skills have been at the heart ofthe project and fundamental for its success. Usingdecentralised server networks and placing serversin countries with beneficial laws that preventor reduce the risk of censorship and surveillance,WikiLeaks embodies the intrinsic connection of contentand infrastructure.5 Benkler, Y. (2011) A Free Irresponsible Press: WikiLeaks and theBattle over the Soul of the Networked Fourth Estate, working draft.www.benkler.org/Benkler_Wikileaks_current.pdfWikiLeaks’ practice of exploiting favourable legislationleads us to the third and final example ofinternet-related activism: the Icelandic Modern MediaInitiative (IMMI). Although very different fromthe hacktivism of Anonymous and the alternativepublishing platform of WikiLeaks, it neverthelesscombines concerns with content and infrastructurein online environments. IMMI emerged in thecontext of the financial collapse of the Icelandiceconomy in late 2008 and was set up to changethe development model of the country from a safehaven for banks and financial services, based onsecrecy and the suppression of information, to atransparency haven and a favourable environmentfor media and investigative journalism. Local socialand media activists, supported by international civilsociety organisations, created a bundle of legal andregulatory proposals to “protect and strengthenmodern freedom of expression.” 6 At its core is theconcern to prevent the suppression of content byboth public and private actors. IMMI has initiatedthe development of a new Freedom of InformationAct to enhance access for journalists and the publicto government-held information; proposed measuresto limit the use of libel laws, prior restraint, andstrategic lawsuits to block legitimate information;initiated a new law on source protection, making itillegal for media organisations to expose the identityof sources for articles or books if the sourceor the author requests anonymity; and developedpolicy proposals on whistleblower and intermediaryprotection. 7 Most of its suggestions are informed by,if not borrowed from, existing laws and regulationsin other countries. If implemented, this packagewould provide a legal environment able to protectnational and international publishers from content(and other) restrictions. All information originatingfrom, routed through or published in Iceland wouldbe governed by the new set of laws and would thereforebe very difficult to suppress. In this sense, thecontent-focused proposals of IMMI are intrinsicallybound to the infrastructure through which content istransmitted: blogs, websites and all kinds of onlinepublications would fall under Icelandic jurisdictionif they use Icelandic infrastructure, even if the publishingorganisation does not physically relocate tothe country but merely posts content on web serv-6 See immi.is/Icelandic_Modern_Media_Initiative. WikiLeaks wasinstrumental in starting the initiative by proposing the idea of atransparency haven, providing knowledge on relevant laws in othercountries, and developing some of the thematic cornerstonestogether with local and international experts.7 IMMI (2012) IMMI Status Report, 9 April. immi.is/images/8/8c/2012-04-15_IMMI_status_report.pdfThematic reports / 31

ers hosted there. 8 Consequently, IMMI has addedinfrastructure-related concerns to its agenda, particularlyproposals on safeguarding net neutrality,and it has engaged with debates on the EuropeanData Retention Directive and, more broadly, onlinesurveillance.From “using” to “shaping”Ideas of openness and transparency were at thecentre of early internet development and internetpolicy. The supposedly borderless network withits new publishing opportunities for everyone whohad access to it nourished hopes of a new age inwhich normal citizens could bypass traditionalinformation gatekeepers. Numerous examplesdemonstrate the power of using online publishingand communication for political action and socialchange, from activist Facebook groups to bloggernetworks such as Global Voices, and certainlyincluding Anonymous’ actions and the revelationsfacilitated by WikiLeaks. Thanks to these initiatives,we know more about the world, and it is more likelythat corruption is moved from the shadows of secrecyto the sunlight of public knowledge.However, as online communication is increasinglyrestricted, surveilled and controlled, the“free network” can no longer be taken for granted.For social movements, this means that “using” thenet may no longer be sufficient but rather has tobe complemented by “developing”, “shaping” and“changing” the net infrastructure and its regulatoryand legal framework. Just as the net can be atool for transparency, its own transparency needsto be safeguarded and expanded. This is, of course,not entirely new. Grassroots tech groups such asriseup.net have, for a long time, engaged in providingsecure and free technical infrastructure for civilsociety groups and social movements, campaignson net neutrality have become very prominent inmany countries, and the network of civil societybasedinternet service providers, the Associationfor Progressive Communications (APC), is a majorforce in global internet governance. However, currentforms of cyber activism display an even closerconnection between content and infrastructure.Based on thorough technical skills and understanding,they couple a focus on exposing relevantinformation with a commitment to shape and expandthe free spaces of online communication inthe face of increasing restrictions. Boundaries betweendifferent strategies and practices becomeblurred as the hacktivism of Anonymous createsnew information channels, the media approachof WikiLeaks is shaped by infrastructure and informsa policy initiative such as IMMI, and IMMIengages in the compilation of policy componentstowards new legal “code”, a practice which couldbe described as “policy hacking”. The practicesof the three distinct initiatives described here tellus something about new and sometimes unlikelyplaces where current mobilisations for transparencycan be found, as well as the need to combinetechnical strategies, content-related approachesand policy understanding. n8 Bollier, D. (2010) A New Global Landmark for Free Speech, 16 June.www.bollier.org/new-global-landmark-free-speech32 / Global Information Society Watch

Artivism onlineKate DeclerckJMI Foundation and Fair Playwww.jmif.net and www.anticorruptionmusic.orgIntroductionCorruption has a profoundly negative impact on thelives of youth around the globe. In some cases, itsconsequences are severely harmful to their physicalwell-being: bribes demanded by health sectorofficials cut youth off from obtaining proper medicalcare; police corruption perpetuates tensionsand violence within communities, driving youthinto the frontlines of armed conflict; and barriers toaccessing education and employment push youthinto depression, drugs and alcoholism. The impactsof corruption on the mental state and attitudes ofyouth are no less harmful: the embezzlement ofpublic funds and international aid by politiciansand institutions erodes their trust in public systems,and bribes offered by politicians in exchangefor votes, nepotism, and lack of transparency withinelectoral processes seed frustrations as they underminetheir ability to influence public policy andrealise social change.While the deep-rooted complexities of corruptionhave driven some youth into a state of apathy,it has urged many others to take action. In 2009, theWorld Bank Institute 1 launched a new initiative toestablish a collaborative platform for anti-corruptionyouth activists from around the world, and theGlobal Youth Anti-Corruption Network 2 was born.The profile of the activists involved is partly whatwould be expected from such a network: youthengaged in civil society organisations (CSOs) withanti-corruption missions. However, in collaborationwith the JMI Foundation, 3 the partners have workedto involve young activists with an entirely differentprofile – young musicians, of all styles, but in particularyoung urban music artists.This report will present the partners’ rationalefor identifying and prioritising young artists as1 wbi.worldbank.org2 voices-against-corruption.ning.com3 www.jmif.netimportant players in the fight against corruption;the online and new media strategy employed toreach out to young musicians around the globe,most notably the annual Fair Play 4 music videocompetition; and the results and outcomes of thepartners’ engagement with young musicians.ArtivismFear of police violence and state repression keepsmany youth silenced and self-censored from speakingout against corruption. Others, determined toresist against this repression, are turning to music– a growing number to hip-hop and reggae – tovoice their thoughts on the realities and struggleswithin their communities. Looking at the originsof these two musical styles – hip-hop’s roots beingin the African-American communities of Harlemand the Bronx, and reggae’s roots in the ghettosof Jamaica – lends an understanding of why thesetwo styles are particularly appealing to young “artivists”(art + activism = artivism), as they have along history of being utilised by oppressed groupsto address themes such as poverty, inequality andinjustice. Additionally, the simplicity of hip-hop production,where the only instrument and equipmentnecessary is one’s own voice, makes it accessiblefor youth from underprivileged neighbourhoods topractice. Today, from Colombia to the DemocraticRepublic of Congo (DRC) to India, underground hiphopand reggae movements are generating scoresof young artists who have not only mastered theessentials of rhythm and rhyme, but whose lyricalcontent is insightful, inspiring and intelligent.How might these young artists be able toinfluence the broader anti-corruption agenda? Certainlyit is not a matter of celebrity status or pull,as state control over radio and TV has systematicallyworked to deny “socially conscious” artists abroad audience. Rather, what the JMI Foundationand World Bank Institute see as the key strengthof these artists is the role they assume within localcommunities – both by representing, throughtheir music, collective opinion on various sociopoliticalissues affecting them, and by striving to4 www.anticorruptionmusic.orgThematic reports / 33

aise consciousness and incite their peers to actionrather than resignation.Many citizens living within corrupt societies– particularly those who are economically disadvantagedand who therefore bear more harshly theimpacts of corruption – harbour resentment towardspolitical leaders, as their inability and/orlack of interest in establishing proper transparencyand governance is perceived as a disregard for thepeople’s interests. In light of this reality, musicianswho grew up in underprivileged communities anddare to lobby, through their art, for the rights andinterests of these communities, possess a formidablepotential as alternative community leaders. Inutilising music to advocate, educate and motivaterather than adopting traditional activist methods,artivists take an innovative and compelling approachto influence the broader anti-corruptionagenda, sounding the alarm on behalf of the mostdistressed and under-represented communities,and thereby asserting the urgency for change.Online and new media strategyRecognising the enormous leadership potential ofyoung artists as both ambassadors of and lobbyistsfor the anti-corruption cause, the main task of theJMI Foundation and World Bank Institute was to developa programme that would support and nurturethis capacity. Towards this objective, the partnersestablished Fair Play, an annual anti-corruption musicvideo competition open to young artists 18-35years from anywhere in the world.Why this approach? The competition was developedas a means to discover and establishcontact with young socially conscious musicians.Much has been said about the contribution ofsocial networks such as Myspace, Facebookand Twitter towards the democratisation of theinternet and the music industry, by providing independentmusicians with an affordable meansto build their audience. However, the continuingdominance of those artists propped up by recordlabels and corporate marketing budgets still posesa major challenge for independent artists to gainsignificant visibility online, while it remains equallychallenging for listeners to uncover interestingunderground artists amidst the overabundanceof content and advertising. To participate in theFair Play competition, artists must upload theirvideo entry and artist profile to the competition’swebsite. In doing so, they gain a unique opportunityto reach new listeners worldwide and to havetheir work promoted as part of the global Fair Playcampaign. For those with an interest in sociallyconscious music, the Fair Play platform serves asa space for discovering underground artists fromaround the world, while translations of the lyrics(obligatory for participation in the competition),and the ability to vote and comment on the videos,provide listeners with the opportunity to gain adeeper understanding of the music and to interactdirectly with the artists.In creating this online platform, the partnerssought not only to connect individual artists andlisteners and to compile the video materials necessaryto deliver a unique global anti-corruptioncampaign with youth appeal. They also sought toencourage further interdisciplinary campaigns tobe carried out, by making the music videos – invaluablenew media outreach tools – available to otheranti-corruption stakeholders such as organisations,institutions and the media, for broader disseminationas part of local/national level campaigns.Results and outcomesThe first edition was organised in 2009-2010, andachieved the participation of artists from Armenia,Bangladesh, Burundi, Cameroon, Canada, Colombia,the DRC, Germany, Kenya, Lebanon, Macedonia,Malawi, Panama, the Philippines, Portugal, Senegal,Sierra Leone, South Africa, Tanzania, Ugandaand Zimbabwe.I-Voice (Palestine/Lebanon), Mafilika (Malawi)and Katya Emmanuel (DRC) were selected as winnersof the music video competition, performed atthe 1st Global Youth Anti-Corruption Network Forumin Brussels, Belgium, and recorded a new collaborativetrack: “Together Against Corruption”.Over 100 artists/bands participated in the secondedition of Fair Play organised in 2010-2011, fromArgentina, Australia, Barbados, Bulgaria, Cameroon,Colombia, Croatia, the Dominican Republic, Ecuador,Egypt, France, Germany, Guatemala, Indonesia,Italy, Kenya, Lebanon, Malawi, Mali, Mexico, Mongolia,Nepal, Peru, the Philippines, Romania, Slovakia,Slovenia, Spain, Sudan, Uganda and Vanuatu.Winning bands De Bruces a Mi (Colombia),Kafulu Xenson (Uganda) and Young Life (Vanuatu)participated in the 2nd Global Youth Anti-CorruptionNetwork Forum in Nairobi, performed live at theSarakasi Dome alongside top Kenyan artist SautiSol, and recorded three new collaborative tracks:“Say No to Corruption”, “Hand in Hand” and “WeAre One People.”The lyrics of the submitted songs expressvarious emotions, one of the foremost being frustrationtowards the perpetrators of corruptionand injustice. As artist Marshall Dixon of Francewrites: “They have forgotten us really we are tired/The people are starving really we are tired of your34 / Global Information Society Watch

ullshit/ Your promises really we are tired/ Theinjustice, the violence really… the corruption andimpunity in the country/ Really… tired, tired reallywe are tired.” 5 The frustration that stems from theperpetuation of corrupt systems over time is highlightedby artists Bafing Kul & the Apollo Band ofMali: “We had fought for democracy/ The old regimewas overthrown/ New figures were elected/But the corruption never went away, as if nothinghad changed.” 6 Loathing towards those involvedin corruption and their disregard for the negativeimpact it has on others is evident in the lyrics ofCroatian band St!llness, who write: “All that is left/Are crumbs/ That remain/ After they’ve eaten/ Theysit/ In their seats of power/ Bellies full/ With fat collaborators/Reinventing bullshit.” 7The songs also serve to expose many forms ofcorruption from bribery to embezzlement, fraud andextortion, citing examples from the artists’ own communities.As Nelo Chouloute of Haiti writes: “Theypromise a new project for Slum Lasaline/ Funds provided/Promises to build a new highway for SlumCarrefour/ Funds provided/ We will develop Slumof Cité Soleil/ Funds provided/ However, our moneystays in their pockets.” 8 Hip-hop artist Hustlajayof Kenya bears witness in the song “Minyororo YaHaki”: “[Common man’s] lands together with titledeeds are taken away and given to the powerful,and common man left as squatters/ Day after daywe growing poor and poorer by being asked to bribefor our rights.” 9 Artists Dr Sley & Da Green Soljasfrom Cameroon choose to highlight one of the mosttaboo abuses of power in their song titled “Down Bythe Riverside”: “I’m Mr Professor/ Every girl mustsleep with me, except you want to fail.” 10Various artists make tributes and show respectfor those engaged in the fight against corruption,emphasising the importance of speaking outagainst abuses of power. In the lyrics of “La Pedatadi Dio”, Italian artist Zero Plastica declares: “Thisgoes out to every life cut short by armed hands/This goes out to those who denounce the extortionand to those who boycott mafia-controlled services/This goes out to every victim gone missing andno longer with us/ This goes out to every man whosacrifices all to fight the Mafia.” 115 www.anticorruptionmusic.org/?videos/on_est_faitigue6 www.anticorruptionmusic.org/?videos/yelema%28_le_changement%297 www.anticorruptionmusic.org/?videos/katarza___catharsis8 www.anticorruptionmusic.org/?videos/nelo_chouloute_-_haiti_money_embezzle9 www.anticorruptionmusic.org/?videos/minyororo_ya_haki10 www.anticorruptionmusic.org/?videos/down_by_the_river_side11 www.anticorruptionmusic.org/?videos/la_pedata_di_dioOne of the most important and prevalentthemes of the songs submitted to Fair Play is thecall to action. As Alesh of the DRC writes: “I’ve seenthe success of their schemes and tricks/ Which myfellow countrymen have all swallowed whole/ Notdaring to raise their real thoughts/ The badly informedpopulation ignores that for them the groundhas already been marked out (…) Why do you continueto sleep?/ Apathetic to the death as theymassacre you/ WAKE UP! ACT! LET’S MOVE!” 12 ArtistShekhar Sirin from India too calls his people, stating:“Corrupt politicians have looted our nation/Even the morsels from poor snatched away/ You canhardly breathe in such environment (conditions)/It’s time to wake up/ It’s time to get up/ The nationwhich is scattered & in pathetic shape/ Let’s buildit back/ If corruption is RAVAN (synonym to devil inIndia)/ Then we will burn it.” 13 To those already engagedin the fight, words of encouragement, urgingperseverance, are extended by artists such as theKoncerners from Vanuatu, who write: “You ghettoyouths keep on doing good/ Keep your heads high/Make good use of your time/ Not because you comefrom the ghetto/ You can make a difference, makeit better.” 14ConclusionJust as the internet has in recent years affirmed itsimportance as a space for social protest, so too hasmusic been proven by Fair Play and other projectsto be an effective tool in raising awareness, buildinginternational solidarity, and also – importantly– refuelling the fires of artists and activists aroundthe world who are consistently persecuted, isolatedor otherwise antagonised by the mainstream in theattempt to deter them from sustaining the fight.Musicians, particularly those from marginalisedneighbourhoods, have proven themselves topossess key leadership qualities: willingness tostand up and speak the truth, ability to analyseand articulate complex issues, and commitmentto making a change. As hip-hop artists DesordenSocial of Colombia write on the role of artists: “It’sbeen already 10 years recounting the cruelty (…)/In 1999 two young men decided to use rap as a wayto unleash their lyrics and not get choked up withwhat they are in living/ And now ten years later oursubject has not changed/ And after hundreds ofsongs, the situation remains unchanged/ Becauseas I can remember, there’s only injustice, inequality,poverty, abuses and more misery/ There are more12 www.anticorruptionmusic.org/?videos/reveil13 www.anticorruptionmusic.org/?videos/ek_aag_ka_zarra14 www.anticorruptionmusic.org/?videos/corrupted_mindsThematic reports / 35

Institutional overview

Who is doing what when it comes to technologyfor transparency, accountability and anti-corruptionTim DaviesPractical Participationwww.practicalparticipation.co.uk andwww.opendataresearch.orgFighting corruption is a responsibility that all globalinstitutions, funders and NGOs have to take seriously.Institutions are engaged with the fight against corruptionon a number of fronts. Firstly, for those institutionssuch as the World Bank that distribute funds or loans,there is a responsibility to address potential corruptionin their own project portfolios through accessible andwell-equipped review and inspection mechanisms. Secondly,institutions with a regulatory role need to ensurethat the markets they regulate are free of corruption,and that regulations minimise the potential space forcorrupt activity. And thirdly, recognising the potentialof corruption to undermine development, institutionsmay choose to actively support local, national and internationalanti-corruption activities and initiatives. Thisreport provides a critical survey of some of the areaswhere multilateral, intergovernmental and multi-stakeholderinstitutions, NGOs and community groups haveengaged with the internet as a tool for driving transparencyand accountability.Although transparency is an often-cited elementof the anti-corruption toolbox, technology-enabledtransparency remains a relatively small part of themainstream discourse around anti-corruption efforts informal international institutional processes. The UN Conventionagainst Corruption (UNCAC), 1 adopted in 2003and ratified by 160 countries, and the OECD Anti-BriberyConvention, 2 adopted in 1997, provide a backbone ofinternational cooperation against corruption and focusheavily on legal harmonisation, improved law enforcement,criminalisation of cross-border bribery and bettermechanisms for asset recovery, addressing many of thepreconditions for being able to act on corruption whenit is identified. Continued cooperation on UNCAC takesplace through the UN Office on Drugs and Crime, 3 with inputand advocacy from the UNCAC Civil Society Coalition.In international development, the outcomes document ofthe Fourth High Level Forum on Aid Effectiveness, 4 heldin Korea in November 2011, notes these foundations andhighlights “fiscal transparency” as a key element of thefight against corruption. However, the document moreoften discusses transparency as part of the aid-effectivenessagenda, rather than as part of anti-corruption. Thisillustrates an important point: transparency is just oneelement of the fight against corruption, and reduced corruptionis just one of the outcomes that might be soughtfrom transparency projects. Transparency might also beused as a tool to get policy making better aligned withthe demands of citizens, or to support cooperation betweendifferent agencies.The review below starts by looking at technologyfor transparency in this broader context, before brieflyassessing how far efforts are contributing towards anticorruptiongoals.Transparency and open dataThe last three years have seen significant interest inonline open data initiatives as a tool for transparency,with over 100 now existing worldwide. Open data can bedefined as the online publication of datasets in machinereadable,standardised formats that can be reusedwithout intellectual property or other legal restrictions. 5A core justification put forward for opening up governmentor institutional data is that it leads to increasedtransparency as new data is being made available, andexisting data on governments, institutions and companiesbecomes easier to search, visualise and explore.Following high-profile Open Government Data(OGD) initiatives in the US (data.gov) and UK (data.gov.uk), in April 2012 the World Bank launched its own opendata portal (data.worldbank.org), providing open accessto hundreds of statistical indicators. Here is how theWorld Bank describes the data portals mission:The World Bank recognises that transparency andaccountability are essential to the development processand central to achieving the Bank’s mission to alleviatepoverty. The Bank’s commitment to openness is alsodriven by a desire to foster public ownership, partnershipand participation in development from a wide rangeof stakeholders. 61 www.unodc.org/unodc/en/treaties/CAC/index.html2 www.oecd.org/department/0,3355,en_2649_34859_1_1_1_1_1,00.html3 www.unodc.org/unodc/en/corruption4 www.aideffectiveness.org/busanhlf45 opendefinition.org6 data.worldbank.org/aboutInstitutional review / 37

The World Bank has also sponsored the developmentof Open Government Data initiatives in Kenya(opendata.go.ke) and Moldova (data.gov.md), as well asfunding policy research and outreach to promote opendata through the Open Development Technology Alliance(ODTA). 7Central to many narratives about open data is theidea that it can provide a platform on which a wide rangeof intermediaries can build tools and interfaces that takeinformation closer to people who can use it. The focus isoften on web and mobile application developers as theintermediaries. Many of the applications that have beenbuilt on open data are convenience tools, providing accessto public transport times or weather information,but others have a transparency focus. For example,some apps visualise financial or political informationfrom a government, seeking to give citizens the informationthey need to hold the state to account.Apps alone may not be enough for transparencythough. In an early case study of the Kenya open datainitiative, Rahemtulla et al., writing for the ODTA, notethat “the release of public sector information to promotetransparency represents only the first step to amore informed citizenry…” and that initiatives shouldalso address digital inclusion and information literacy.This involves ensuring ICT access, and the presenceof an “info-structure” of intermediaries who can takedata and turn it into useful information that activelysupports transparency and accountability. 8 World Bankinvestments in Kenya linked to the open data project gosome way to addressing this, seeking to stimulate anddevelop the skills of both journalists and technology developersto access and work with open data. However,much of the focus here is on e‐government efficiency,or stimulating economic growth through the creation ofcommercial apps with open data, rather than on transparencyand accountability goals.Open data was also a common theme in the firstplenary meeting of the Open Government Partnership(OGP) 9 in Brazil in April 2012. The OGP is a new multilateralinitiative run by a joint steering committee ofgovernments and civil society. Launched in 2011 by eightgovernments, it now has over 55 member states. Memberscommit to create concrete National Action Plansthat will “promote transparency, empower citizens, fightcorruption, and harness new technologies to strengthengovernance.” 10 The OGP has the potential to play an influentialrole over the next few years in networking civil7 www.opendta.org8 Rahemtulla, H., Kaplan, J., Gigler, B.-S., Cluster, S., Kiess, J. andBrigham, C. (2011) Open Data Kenya: Case study of the UnderlyingDrivers, Principle Objectives and Evolution of one of the first OpenData Initiatives in Africa. www.scribd.com/doc/75642393/Open-Data-Kenya-Long-Version9 www.opengovpartnership.org10 www.opengovpartnership.org/aboutsociety technology-for-transparency groups with eachother, and with governments, and placing the internet atthe centre of the open government debate.The rapid move of open data from the fringes ofpolicy into the mainstream for many institutions hasundoubtedly been influenced by the activities of anumber of emerging online networks and organisations.The Open Knowledge Foundation (OKF) 11 hasplayed a particularly notable role through their emaillists, working groups and conferences in connecting updifferent groups pushing for access to open data. OKFwas founded in 2004 as a community-based non-profitorganisation in the UK and now has 15 chapters acrossthe world. OKF explain that they “build tools, projectsand communities” that support anyone to “create, useand share open knowledge.” 12 The OKF paid staff andvolunteer team are behind the CKAN software used topower many open data portals, and the OpenSpending.orgplatform that has the ambition to “track everygovernment financial transaction across the worldand present it in useful and engaging forms for everyonefrom a school-child to a data geek.” 13 This sort of“infrastructure work” – building online platforms thatbring government data into the open and seek to makeit accessible for a wide range of uses – is characteristicof a number of groups, both private firms and civil society,emerging in the open data space.Another open data actor gaining attention on theglobal stage has been the small company OpenCorporates.com.14 OpenCorporates founder Chris Taggartdescribes how their goal is to gather data on every registeredcompany in the world, providing unique identifiersthat can be used to tie together information on corporations,from financial reporting to licensing and pollutionreports. Although sometimes working with open datafrom company registrars, much of the OpenCorporatesdatabase of over 40 million company records has beencreated through “screen scraping” data off official governmentwebsites. In early 2012 OpenCorporates wereinvited to the advisory panel of the Financial StabilityBoard’s 15 Global Legal Entity Identifier (LEI) project,being conducted on behalf of the G20. The LEI projectaims to give a unique identifier to all financial institutionsand counterparties, supporting better tracking ofinformation and transactions. Importantly the recommendations,which have been accepted by the G20, willoperate “according to the principles of open access andthe nature of the LEI system as a public good (...) withoutlimit on use or redistribution.” 1611 okfn.org12 www.okfn.org/about/faq13 www.openspending.org14 opencorporates.com15 www.financialstabilityboard.org16 www.financialstabilityboard.org/publications/r_120608.pdf38 / Global Information Society Watch

International transparency initiativesand standardsA number of sector-specific international transparencyinitiatives have developed in recent years, witha greater or lesser reliance on the internet within theirprocesses.Online sharing of data is at the heart of the InternationalAid Transparency Initiative (IATI) 17 whichwas launched at the third High Level Forum on AidEffectiveness in Accra, Ghana in 2008, and now hasover 19 international aid donors as signatories. Theinitiative’s political secretariat is hosted by the UKDepartment for International Development (DfID), 18and a technical secretariat, which maintains a datastandard for publishing data on aid flows, is hostedby the AidInfo programme. 19 IATI sets out the sorts ofinformation on each of their aid activities that donorsshould publish, and provides an XML standard forrepresenting this as open data. 20 A catalogue of availabledata is then maintained at www.iatiregistry.org,and a number of tools have been developed to visualiseand make this data more accessible. Through IATI,countries and institutions, from the Asian DevelopmentBank (ADB) to the UN Office of Project Services(UNOPS), have made information on their aid spendingor management more accessible.The Open Aid Partnership, 21 working closelywith IATI and hosted by the World Bank Institute, isfocusing specifically on geodata standards for aidinformation, using the “Mapping for Results” methodologydeveloped with AidData 22 to geocode thelocation of aid projects and make this informationavailable online. Geocoded data is seen as importantto “promote ICT-enabled citizen feedback loops forreporting on development assistance.” 23A number of other high-profile sector transparencyinitiatives, such as the Extractive IndustriesTransparency Initiative (EITI) 24 and the ConstructionSector Transparency Initiative (CoST), 25 are less opendata or ICT-centred, opting instead for processesbased on disclosure and audit of documents throughlocal multi-stakeholder processes. However, the GlobalInitiative on Fiscal Transparency (GIFT), 26 whichaims to “advance and institutionalise global normsand continuous improvement on fiscal transparency,17 www.aidtransparency.net18 www.dfid.gov.uk19 www.aidinfo.org20 www.iatistandard.org21 www.openaidmap.org22 www.aiddata.org23 www.openaidmap.org/about.html24 eiti.org25 www.constructiontransparency.org26 fiscaltransparency.netparticipation and accountability in countries aroundthe world,” has a Harnessing New TechnologiesWorking Group led by the OKF, which has outlined anumber of ways technology can be used for transparentand accountable finance. 27 The “lead steward”organisations for GIFT are the International MonetaryFund, the World Bank Group, the Brazilian Ministry ofPlanning, Budget and Management, the Departmentof Budget and Management of the Philippines, andthe Washington-based CSO project, the InternationalBudget Partnership. 28Crowd sourcingTransparency and accountability isn’t just about informationand data from governments, companiesor multilateral institutions. Input from citizens is crucialtoo. Crowd-sourcing projects such as Ushahidi, 29first developed to monitor post-election violence inKenya, have been deployed or replicated in a numberof anti-corruption settings. Accepting submissionsby SMS or online, these tools allow citizens to reportproblems with public services that might point to misappropriationof funds, or to directly report cases ofcorruption. Reports are generally geocoded and theresulting maps are presented publicly online. WithUN Development Programme (UNDP) 30 support, anUshahidi-based corruption monitoring platform wasestablished in Kosovo. 31 In India, the IPaidABribe.complatform, which was launched in 2010 by Bangalorebasednon-profit Janaagraha, 32 has collected over20,000 reports of bribery requests or payments.UNDP analysis suggests that the success of socialmedia and use of crowd sourcing in transparencyand accountability projects relies upon transparentmechanisms for verifying reports, and the backingof institutions or systems that can convert informationinto action – such as ensuring corrupt tendersare cancelled. 33 In a global mapping of technology fortransparency and accountability, the Transparency& Accountability Initiative 34 (a donor collaborationchaired by DfID and the Open Society Foundation) 35found that many of the 100 projects they reviewed27 openspending.org/resources/gift/index.html28 internationalbudget.org29 ushahidi.com/about-us30 www.undp.org31 www.kallxo.com32 www.janaagraha.org33 Lemma, T. (2012), Corruption Prevention and ICT: UNDP’s Experiencefrom the field, presented at the Joint Experts Group Meeting andCapacity Development Workshop on Preventing Corruption in PublicAdministration, UN DESA, New York, USA, 26-28 June. unpan1.un.org/intradoc/groups/public/documents/un-dpadm/unpan049778.pdf34 www.transparency-initiative.org35 www.soros.orgInstitutional review / 39

were started by technology-savvy activists. 36 Wherethese were tailored to local context, and able to adopta collaborative approach, involving governmentsand/or service providers, they were more likely tobe sustainable and successful. Global Voices Onlinemaintain a directory of over 60 case studies as part oftheir “technology for transparency network”. 37The internet is also being used actively by global advocacynetworks such as the Land Matrix Partnership,which launched an online database of land deals at theWorld Bank Land and Poverty Conference in April 2012,seeking to highlight the growing issue of large-scaleland acquisitions across the world, particularly in Africa.This database, initially created through online collaborationof researchers, also accepts submissions throughits website at landportal.info/landmatrix, where reporteddata can also be visualised and explored.Further activity and institutionsFor reasons of space this report can only make passingmention of initiatives aimed at increasing parliamentarytransparency through developing and implementingonline tools for tracking legislative processes and parliamentarydebates. These have been established bycivil society networks in a number of countries followingmodels developed by the independent GovTrack inthe US, 38 and the charity MySociety 39 with their They-WorkForYou.com platform in the UK. MySociety, withsupport from the Open Society Foundation and OmidyarNetwork, 40 have been focusing in 2012 on making theirtransparency and civic action tools easier to implementin other jurisdictions, opening up the Alavateli codethat powers the public right-to-information servicesWriteToThem.com and AskTheEu.org, amongst others.The funding for this work from the Omidyar Network,established by eBay founder Pierre Omidyar,draws attention to another set of important institutionsand actors in the tech-for-transparency space:donors from the technology industry. Google, OmidyarNetwork, Cisco Foundation and Mozilla Foundationamongst others have all been involved in sponsoringtechnology-for-transparency open-source projects likeUshahidi, the work of MySociety, or data-journalismprojects across the world. It is likely that without accessto funding derived from internet industry profits,many of the current technology-for-transparencyprojects would be far less advanced.36 Avila, R., Feigenblatt, H., Heacock, R. and Heller, N. (2011) Globalmapping of technology for transparency and accountability: Newtechnologies. www.transparency-initiative.org/reports/globalmapping-of-technology-for-transparency-and-accountability37 transparency.globalvoicesonline.org38 www.govtrack.us39 www.mysociety.org40 www.omidyar.comThis report has also not explored how institutionshave responded to online leaking of informationas part of transparency and accountability efforts.However, one project deserves a brief mention: theWCITLeaks website, 41 established to accept leakeddocuments relating to the revision of the InternationalTelecommunications Regulations (ITRs) in responseto the secrecy surrounding International TelecommunicationUnion (ITU) processes, and the lack of a civilsociety voice at the forthcoming World Conference onInternational Telecommunication (WCIT).Exploring impactTechnology for transparency is a rapidly growing field.The innovations may be emerging from civil societyand internet experts (with much of the funding toscale up projects often coming ultimately from internetfirms), but governments and international institutionsare opting in to open data-based transparency initiatives,and a number of institutions, from the WorldBank to the newly formed OGP, are active in spreadingthe technology for transparency message to theirclients and members. However, there is little hard evidenceyet of the internet becoming an integrated andcore part of the global anti-corruption architecture,and many tools and platforms remain experimental,hosting just tens or hundreds of reported issues, andoffering only limited stories of where crowd-sourcedSMS reports, or irregularities spotted in open data,have led to corruption being challenged, and offendersbeing held to account.McGee and Gaventa in a review of general transparencyand accountability initiatives funded by DfIDexplain that the evidence base on their impact islimited across the field. 42 Limited evidence of the anticorruptionimpacts of technology for transparencyshould therefore be taken as a challenge to improvethe evidence base and focus on impact, rather thanto step back from developing new internet-based approachesfor transparency and accountability. Workingout the impact of those projects that provide onlineinformation infrastructures as foundations for accountabilityefforts, from general open government dataprojects to targeted transparency initiatives, will needparticular attention if these efforts are to continue toreceive institutional backing, and if the new loose-knitnetworks that provide many of these platforms are tocontinue to thrive. n41 wcitleaks.org42 McGee, R. and Gaventa, J. (2010) Review of the Impact andEffectiveness of Transparency and Accountability Initiatives:Synthesis Report. www.dfid.gov.uk/R4D/Output/187208/Default.aspx. See also www.dfid.gov.uk/R4D/Search/SearchResults.aspx?ProjectID=60827 for other outputs of the researchprogramme this report is taken from.40 / Global Information Society Watch

Mapping corruption

Exposing delusions of power:The art of using visual evidence to expose corruptionStephanie Hankey with research by Francesca RecchiaTactical Techtacticaltech.orgThe story of the Emperor’s New Clothes, 1 first told in1837, has been told across the world in over a hundredlanguages. A vain emperor is swindled by two tailorsinto paying huge sums of money to make him a specialoutfit made of fabric that only those who are “unusuallystupid” cannot see. When the emperor paradesthrough the streets in his new outfit, no one dares confessthat the emperor is naked for fear that they will beseen as a fool. In the end it is a child who breaks thesilence and says what everyone knows but won’t say:“But he hasn’t got anything on.”Perhaps this story from nearly 200 years agois so well known the world over because it speaksto us about those in power; how they abuse theirpower for their own gain and how those aroundthem conspire to support them, taking us all in theirwake. Often it takes a special moment – an act of innocence,in the case of the child – or more often anact of integrity or justice to say what we all suspectbut have not said out loud.Corruption is one way that power is oftenabused. It is present the world over, affecting differentsocieties at different levels. Sometimescorruption is something we can actually see, such ashands putting cash into other hands across a deskor through a window; sometimes it is something weintuitively know or can estimate; and sometimes itThe Emperor’s New Clothes, original illustration by Vilhelm Pedersen (1820-1859). en.wikipedia.org/wiki/File:Emperor_Clothes_01.jpg1 www.andersen.sdu.dk/vaerk/hersholt/TheEmperorsNewClothes_e.html42 / Global Information Society Watch

Perón election playing cards, 1951, Argentinais in places and at levels we have never consideredand is very hard to show. It can be out on the streetsor deep within societies and institutions, affectingeverything from education to health care and fromwater supplies to construction contracts.There are two interlinked forms of corruptionexplicitly enabled by the misuse of power that thisreport focuses on: the use of power for personalgain, usually by individuals to increase their directaccess to funds; and the use of power and moneyto manipulate control of a dominant narrative insociety – a control often motivated by the need tomaintain and expand power.The Perón election playing cards shown abovewere circulated in Argentina in 1951 for Juan Perón’selection campaign. On each of the original cardsAnti-Perón cards. www.wopc.co.uk/argentina/peron/index.htmlMapping corruption / 43

there is an illustration of a symbolic celebration ofthe regime, where Perón and his wife Evita are representedas emblems of “the people” – el pueblo.The Perón regime used this form of visual politicalcommunication to promote a specific narrative ofthem as saviours.The second set of cards is a direct responseto the official cards. These anti-Perón cards werereleased anonymously, also using symbolism andstorytelling, but this time to construct a counternarrative that exposes the dark sides of the leaderand his administration. The 12 of Batons showsPerón in his military attire portrayed as a thief, agreedy, violent and crooked leader. The 10 of Batonsdepicts a corrupt bandit-officer of the Perónadministration. The Ace of Cups shows militarypersonnel greedily hoarding money and propertyintended for homeless victims of the 1944 earthquake.The 12 of Coins shows a grinning officialloaded with gold. In this set of cards the authorscreate a commentary that acts as an alternative tothe dominant narrative.The two decks together show a remarkable visualdialogue, one aping the other to add extra weightto its message. The anti-Perón cards are an exampleof such a moment of integrity. Like the child inthe story, the creators call out, but with humourand simple images, to reference stories the readersknow. They use the visual element to do the workfor them. In using parody they provoke a responseand insight that lead to discussion.Seeing, understanding and exploringcorruptionVisual narratives, backed up by evidence, are increasinglybeing used in this way: to comment on,question and expose different types of corruptionand to create this “Emperor’s New Clothes” effect.In this report, nine different examples are explored,sharing just some of the ways in whichartists, activists, NGOs and media from around theworld are utilising visual and narrative techniques,often enabled by digital technologies, to call attentionto corruption and to expose delusions of power.It moves from looking at how these techniques arebeing used to help us better see and question corruption,to how we can better understand it, andultimately how we can directly explore evidenceourselves.Seeing corruption: Beyond witnessingNew technologies have played a significant role inan increase in the number of exposés. They providenew opportunities and formats for combining datawith visuals and are changing the dynamic of whocan document corruption, how they do it, and whothey can share it with. Over the last ten years, manyactivists and artists have used visual evidence topinpoint and document the moment that corruptiontakes place. This is much easier with the types ofcorruption that can be witnessed: for example, theactual act of handing over money to pay a bribe orbeing directed on how to fill in a ballot sheet. Therise of video-sharing sites such as YouTube hasbeen a significant factor in increasing the amount ofcitizen-led whistleblowing on such activities. Someartists and activists have gone further though, utilisingthe visibility and site of these events to makea spectacle of them and call them into question,directly challenging the act in ways that provokediscussion and debate.Payback is a video installation by Afghan-American artist Aman Mojadidi from 2009 2 thatquestions the abuse of power for personal gain at2 www.wearyourrespirator.com/payback.htmlPayback, by Aman Mojadidi, Afghanistan44 / Global Information Society Watch

A second look at Al-Safriya mansion, a King’s property…This area can accomodateat least 30,000 Bahrainis!!!That’s right…An island!Look for the yacht…And note the size of it…Google Earth PDF, Bahrainnarrative and posed a direct question related to thesecretive nature of land ownership in Bahrain.The different forms of visual storytelling outlinedabove trigger the audience through a briefinteraction using different techniques – rangingfrom subversion to uncovering evidence – each provokingdiscussion and debate about different typesof abuse of power.Understanding corruption: Spelling it outCombining visual storytelling and evidence, it ispossible to take a debate further, beyond simplychallenging common practices into understandingthe issues at hand. This can make it possibleto assert greater influence over the viewer, takingthem deeper into exploring the issues themselvesthrough the information presented to them. HereBribe Payers Index, Transparency International46 / Global Information Society Watch

XYZ Show, Kenyathe visual element is often more of a tool to inviteand maintain engagement.Using a combination of hard data and interactiveinfographics, the Bribe Payers Index developedby Transparency International 3 presents itself tomultiple users: it works at the level of informationfor those who are not fully aware of the problem ofbribery and corruption in the private sector worldwideas well as a research tool for those who areinterested in thoroughly investigating the subject.Through simple graphics, users can explore the index,which is based on interviews with more than3,000 business executives, to understand “thelikelihood of companies, from countries they havebusiness dealings with, to engage in bribery whendoing business in their country.” The data is presentedon an interactive website giving the userdifferent levels of engagement, from a general overviewusing data visualisations, to a more in-depthunderstanding and access to the downloadabledatabase, each allowing the user to understandhow likely sectors are to engage in corruption forpersonal and/or corporate gain.The XYZ Show 4 in Kenya uses creative storytellingto challenge the dominant narrativepromoted by politicians. The weekly spoof newsshow features latex puppets that portray local andinternational politicians and gives voice to people’sdiscontent towards rampant political corruption inKenya through satire and irony. Using jokes andcomedic sketches, XYZ has found a “safe” wayto denounce dishonesty and reflect on the complexityof political life in Kenya and the extent ofmismanagement of national wealth and resources.Now broadcasting the sixth series, the show is thebrainchild of Gado, Kenya’s best-known cartoonist.It took him six years of research and effort beforethe first episode went on air in May 2009. In anSichuan Earthquake Names Project, Ai Wei Wei, China3 bpi.transparency.org/bpi20114 www.xyzshow.comMapping corruption / 47

MP Expenses, Guardian Datablog, UKinterview with the BBC, Gado stated that the struggleagainst corruption is “everybody’s duty… Youcan’t put that responsibility on one individual, asevery Kenyan should contribute to expose what ishappening and to expose corruption.”After the Sichuan earthquake in 2008, widespreadspeculation and criticism spread acrossthe internet and media about the way in which thecasualties were counted and reported and how thedisaster was handled by the Chinese government.In response, Ai Wei Wei – probably one of the mostinternationally renowned Chinese artists – alongwith over 50 volunteers started an investigativeproject to document the names of each of the childrenwho died in the inadequately constructedschools, the so-called “tofu-skin schools”. Ai detailedthe project’s methodology on his blog andin a one-year period collected over 5,800 names ofchildren who died. The image on the previous pageshows the artist in front of the lists that were gathered;these lists were then reused to create variousart works drawing attention to the controversy. Asa response, Ai’s blog was blocked and one of theactivists involved in the project was imprisoned.The Chinese government, however, finally releaseda statement and published an official number of thechildren who died. Ai then conducted his own investigationand in an open process documented on theweb challenged the narrative promoted by the Chinesegovernment.Through spelling out the details with well-researchedevidence, the viewer can start to directlyexplore specific stories, igniting consciousness andproviding windows of information on which to startbasing opinions.Exploring corruption: Providing the detailsThe rise of new technologies combined with (andoften creating the opportunity for) an increase inthe amount of public information available is changingthe dynamics of who has access to data aboutcorruption and how it can be shared and viewed.The way in which information can be documented,analysed and shared has led to innovative forms ofwatching from the bottom up by individuals workingtogether. In parallel, our increasing sophisticationas users, combined with new formats for organising,displaying and delivering this information,means that our relationship with data is changing.Groundbreaking initiatives such as WikiLeaks, and48 / Global Information Society Watch

Table of “expenses claimed” organised by parliament member, constituency and exact details of what they claimed.the popular rise of data journalism, have demonstratedthat audiences are willing to look at a highlevel of detail and will utilise this in formulatingopinions.In the UK in 2009, a scandal around the expensesof members of parliament (MPs) and the amountsthey claimed erupted. The controversy was coveredextensively by media outlets in the UK. The GuardianDatablog created an infographic highlightingspecific aspects of the scandal, simultaneouslyallowing readers to go beyond a visual executivesummary of the data and directly download thespreadsheet with the specific details of each of thecategories of expense claims. This spreadsheetenabled them to go through the information andexplore line-by-line how more than 600 politiciansmisused their power (or not) for personal gain.Through making an executive infographic andallowing direct access to the data, the GuardianDatablog changed the dynamic between mediaproducer and consumer. Not only did they framethe story with their editorial decisions, but byExxon Secrets, Greenpeace USMapping corruption / 49

Inspector de Intereses, Chilemaking the details available they put readersin the shoes of an investigative journalist. Thescandal was followed by the media, campaigningorganisations and activists and ultimately led toa number of embarrassed members of parliamentpaying expenses back. Some resigned from theirposts, including the Speaker of the House, andcriminal charges were laid against three membersof parliament.Exxon Secrets 5 is a project by Greenpeace USthat allows users a similar level of access to detail,but this time to investigate the use of funds by aspecific corporation. The online interactive site usesthe visual as a route into the data, allowing users toexplore the true nature of Exxon’s relationship withclimate change sceptics. Exxon Secrets presents researchon the extent of Exxon’s efforts to influencethe debate over climate change. It shows how Exxon– one of the largest oil companies in the world– invested over USD 22 million to fund organisations,research centres and think tanks to producearguments and evidence against an internationalconsensus on the extent and impact of global warming.Through the site users can reconstruct the flowsof capital, interactions and connections betweenExxon and organisations and individuals involved inthe debate. The website offers the reader a numberof maps of these connections; in addition, the siteallows individuals to reconstruct Exxon’s influenceand provides sources to directly explore the details5 www.exxonsecrets.org/maps.phpthemselves. The site creates a counterbalance andcommentary on an important narrative – one controlledby Exxon – and reveals the large sums ofmoney with which it floods a supposedly independentfield of study.In Chile the website Inspector de Intereses 6(“Interests Inspector”), produced by the Chileanorganisation Fundación Ciudadano Inteligente,uses similar interactive features, providing audienceswith detailed information that enables themto map money trails in politics. Chilean law requiresthat politicians declare their corporate interests andthose of their families and that they refrain fromvoting on issues where they may have vested interests.The project analyses the data that is currentlyavailable from the government, identifies holes andraises red flags when there is a suspected conflict ofinterest. The project has been successful in raisingawareness about the lack of adherence to the lawand potential cases of conflict of interest, as wellas in influencing the behaviour of elected officials,with about 20% offering information directly to thesite about themselves. The project aims to keep awatch on the misuse of power for personal gain, butgoes further than just awareness raising, engagingpoliticians directly. It also gathers and investigatesevidence as to the extent of the problem. The evidencegathered is used for longer-term efforts todevelop the case for stronger disclosure and tocampaign for financing norms.6 www.inspectordeintereses.cl50 / Global Information Society Watch

While these examples use technology moreextensively to facilitate interaction and engagement,this is not the most important aspect of thecombination of visual and data presentation. It isthe ability of users to see the information directlyfor themselves that changes the potential for criticaland investigative engagement. This form ofinformation visualisation is of course useful for professionalsin the field who can then work to expand,adapt and reuse the data, but it also has the potentialto allow for a much greater level of influence onend-users as they see the details of misused powerclearly. When such projects are tied into longer-terminitiatives that interact directly with the systemsthey are trying to change, they can be very effectiveas a point of transition or a way to extend thedialogue in the moment.The need to take another look at “TheEmperor’s New Clothes”From seeing to understanding to exploring, theexamples here demonstrate some of the manycreative and innovative initiatives using a blend ofvisuals and data to question and raise the debatearound corruption. These efforts are critical indriving discussion towards specific kinds of corruption,such as the Sichuan earthquake in Chinaor Exxon’s funding of climate change sceptics. It isimportant, however, that these efforts go beyondjust creating visual spectacles or commonly recognisedsites of evidence, and that they lead toaction, not just to new forms of more “transparentcorruption”.These exposures of delusions of power and itsmisuse can create the “Emperor’s New Clothes”moment for those who already know and are convincedof what is happening, but need a momentof collective awareness to move them from observingto acting. As Clay Shirky states in his bookHere Comes Everyone, there are three levels insocial awareness and change: 1) when everybodyknows something; 2) when everybody knows thateverybody knows; 3) when everybody knows thateverybody knows that everybody knows. It is thislast stage that moves those who are already positionedfor change into collective action; it allows usto force our legal structures to work for us and tobegin to transform the systemic abuse of power. nMapping corruption / 51

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Country reports

IntroductionAlan Finlay“Corruption is a plague as old as the world.” – AZURDéveloppement (Republic of Congo)The theme of “corruption and the internet” is not necessarilya straightforward one, as it may seem at first.Locating it exactly means crossing several other, andperhaps more familiar, advocacy paths, such as e‐governance;secrecy, privacy and transparency; access totechnology and information; open data; and mediafreedoms generally. Corruption clearly also occurs at differentlevels (e.g. national or local), in different sectors(perhaps involving companies or quasi-independent governmentagencies), and embroils different role players asperpetrators, victims or advocates for change – officials,police forces, company directors, presidents, citizens,the youth. It can also imply the need to consider the moraltemperament of a country (see, for instance, Benin).Each of these has different implications for advocacy.In the case of sectoral or local-level corruption, thestate can be an ally. In the case of national-level corruption,civil society aligns itself with the citizen, to raiseawareness and put pressure on the state to adhere toglobal norms of transparency and accountability.Talking openly about corruption, in some cases, canalso be dangerous. At least two authors withdrew theirparticipation in this year’s GISWatch citing this as thereason. As Mireille Raad (Lebanon) writes:Unlike other activist issues such as advocating forrights generally, an effective and targeted campaignagainst corruption will put you in a confrontationwith “criminals”. Having a good strategic and evenlegal background on crime and criminals and abullet proof game plan in this regard is a must.Country report authors are divided about how useful theinternet can be in tackling corruption. Echoing Bytes forAll’s experience that “[e]ven the thought of interactingwith a government department is a nightmare for anordinary citizen in Pakistan,” PROTEGE QV (Cameroon)points out that information and communications technology(ICT) systems implemented in the country’scustoms administration “limit encounters with publicofficials” and in doing so have a positive impact on combatingcorruption.The internet is also proving effective outside of theambit of state institutions – to raise awareness, launchcampaigns, and for developing tools to track and monitorcorruption (see the South African and Braziliancountry reports for examples of this).Transparency International (see the Jordan countryreport) argues a direct link between lower corruptionand internet access for citizens – a 20% increase ininternet access is reported to decrease corruption by0.60 points. A number of country reports appear tosupport this, highlighting the role that internet-savvycitizens can play as watchdogs on corruption. In the caseof Morocco, DiploFoundation finds that:Many Facebook groups have emerged to denouncecorruption practices in Morocco. People have startedtaking initiatives to raise awareness about thephenomenon and its impact on the local economyfrom a citizen perspective.Anas Tawileh (Syria) comments on the use of platformssuch as Ushahidi:It also reduces the potential for corruption, as employeesin the workflow for any service provisionwithin these agencies would know that many eyesare watching over their shoulders. This, effectively,crowdsources monitoring of administrative performanceby the citizens themselves.Initiatives to monitor state activities in a transparentway, and, in effect, to highlight areas of potential corruptionare often innovative in their simplicity. In SaudiArabia, the website 3addad.com – “The Index of SaudiPromises” – tracks local media for project deadline commitmentsmade by Saudi officials, and then lists thoseprojects with a countdown ticker next to each of thecommitments made. The motivation behind this site hasan emotional clarity that matches its directness. As thesite founder Thamer al-Muhaimeed writes: “This indexis our memory of the sum of undelivered promises...because we have nothing but these promises.”SETEM (Spain) finds that online media tend to bemore amenable to combating corruption:[D]igital media or digital publications by the massmedia are much more open to covering cases ofcomplaints and violations of rights, while the papereditions of the mass media are reluctant to publishsuch information.62 / Global Information Society Watch

Similarly, Metatron Research Unit (Hungary) shows thatthe online news website Atlatszo can pursue storiesmore persistently than commercial or state-owned newsoutlets, and focus more consciously on impact:In contrast to prevailing journalistic practice, claimsare often backed up by original source documentswhich are either linked or published directly on thesite. Presenting the evidence in the concrete form ofthe original source documents boosts the credibilityof claims, which is key for anti-corruption work.However, the watchdog role citizens can play is dependenton a number of factors, including the level of accesscitizens enjoy, the freedom of institutions such as themedia, the ability of citizens to access public events (andto report on those freely), and the readiness with whicha state shares information with its citizens.Independent monitoring initiatives – such asthose monitoring municipal spending – are often asgood as the quality of data that is made available bythe state. And Brazil shows that the authorities cango to great lengths to quash attempts to effect moretransparency on spending, making the translation ofcomplex data so that it can be easily understood bycitizens virtually impossible.The question of access to information is raisedby several other organisations, including the ElectronicFrontier Foundation, which points to the Obamaadministration’s poor track record in granting accessto information requests (worse than George Bush’s,believe it or not). In the Occupied Palestinian Territory,blocked websites leave the Maan news agency to ask:“Is withholding information from the public an act ofcorruption, in and of itself?”As some reports suggest, the link between censorshipand corruption can be tangential – one need notnecessarily imply the other. But even in the absence ofevidence of corrupt activities, in environments that lackfree expression and association, and are deliberatelycensored by the state, corruption is a likely corollary.E-government programmes – launched to promotean efficient, accountable and transparent government –have also been shown to be as strong as the political willthat drives those programmes forward. DiploFoundationfinds that Morocco’s Prime Minister Abdelilah Benkirane,who was to usher in a new era of accountabilityin that country, instead “sounded defeated and helplesswith no concrete plans to eradicate corruption.”Jinbonet (Korea) argues the following:In 2012, Korea scored the highest on the e‐governmentindex in the United Nations survey onelectronic government. On the other hand, Korearanked 43rd out of 183 countries in TransparencyInternational’s Corruption Perceptions Index. Giventhis, it is clear that the development of e‐governmentdoes not guarantee transparency in government.Nodo TAU (Argentina), meanwhile, records a negativeexperience when it comes to e‐voting:Although information technologies are valuedin their ability to increase access to informationthrough the digitisation of electoral rolls, theregistration of voters, and the processing anddissemination of results, if applied to the act ofvoting, they make the process more vulnerable.Access defines how successfully ICTs can be usedin combating corruption. Kishor Pradhan (Nepal) remindsus that any e‐government programme must bebased on appropriate technology – in this case, ananti-corruption telephone hotline is used more thanan online complaints system.Similarly, CONDESAN and Red Científica Peruana(Peru) offer the following fascinating account of theimpact a lack of access has on the citizen-governmentrelationship:Since there are neither good connections nor appropriatetechnical staff in rural areas, the ruralmunicipalities have opted to establish an officein the nearest town and move part of their officesto the city. However, this has created discontentamongst the population, who felt that their leaderswere governing from the cities. Even withthe existence of portals to access information,citizens do not have access to the internet, andtherefore, their only option to make themselvesheard is to travel to town or the nearest city. Becauseof this we find that the government has notmoved closer to citizens using ICTs – on the contrary,it has moved further away.Perhaps more than before, globally corruption hascreated a distinct sense of distrust in nations’ leaders.KICTANet (Kenya) notes that:[A] large proportion of Kenyans believe all or mostpublic officials, including the president, to be involvedin corruption. The police are consideredthe most corrupt, followed very closely by parliamentariansand government officials. The mediaand civil society are the most trusted groups.Benin decries the moral decay in that country, inwhich the youth are seen to be complicit. Remediesare proposed. Other reports, such as Syria, see theyouth as a necessary participant in anti-corruptionefforts: “[The e-complaints platform] was completelyconceived, developed and implemented by youngSyrians aged between 14 and 16 years.”This, the report adds, “clearly shows the determinationof the upcoming generations to tackle thechallenges that hindered the development of theircountries for decades.” n

ArgentinaThe right to VOTE: Can ICTs SECURE FAIR ELECTIONS?Nodo TAUFlorencia Roveriwww.tau.org.arIntroductionIn a context characterised by policies that promotestate modernisation, and an intense legislativedebate about the reform of the electoral code, theimplementation of electronic voting has causedsome controversy. On one side of the debate, electronicvoting is seen as the panacea that wouldsolve all the problems associated with the act ofvoting (transparency, security, increasing participation,reduction of costs, and reduction of the timetaken to validate and count votes). On the oppositeside, there are those who warn that the right to voteshould not be left to a group of technology expertswho introduce a process that is opaque to most ofthe people participating in an electoral process.Policy and political backgroundIn 1912 the Saenz Peña Law 1 declared that votingin Argentina is universal, secret and compulsoryfor everyone 18 years of age and older. However,it must be mentioned that “universality” did notinclude women until 1947. 2 Since 1972 electionshave been governed by the National Electoral Code,established by Law 19,945, 3 and amended by Law20,175 in 1983, when Argentina returned to democracyafter the bloodiest military dictatorship in thecountry’s history.In the 1990s, neoliberal policies were appliedentailing a weakening of the state’s role and a lossof confidence in political representation, which, inelectoral terms, led to a reduction in citizen participationin voting and an increase in blank ballots.With this background, the national governmentpushed for political reform that led to the passingof the Act for the Democratisation of Political Representation,Electoral Transparency and Equity. 41 www.elhistoriador.com.ar/articulos/republica_liberal/saenz_pena_quiera_el_pueblo_votar.php2 www.elhistoriador.com.ar/articulos/ascenso_y_auge_del_peronismo/el_voto_femenino.php3 Ministerio de Justicia y Derechos Humanos (1983) Código ElectoralNacional. www.biblioteca.jus.gov.ar/CELECTORAL.html4 www.infoleg.gov.ar/infolegInternet/anexos/160000-164999/161453/norma.htmThe Act involves a reform of the Electoral Code,currently underway, that is “aimed to provide citizenswith a more modern, flexible, and transparentsystem that provides legal certainty for the electorate.”Its main issues are the financing of politicalparties and election campaigns, the digitisationof electoral rolls, the implementation of the Open,Concurrent and Obligatory Primary Elections (PASO,or Primarias, Abiertas, Simultáneas y Obligatorias),the replacement of a system of multiple ballots forparties with a single ballot, and the digitisation ofthe national identity card.In this context, electronic voting has generatedsome public controversies, even in circles close tothe presidency. 5 Although Argentina does not havespecific legislation dealing with electronic voting,several cities and provinces have conducted experimentaltests, allowed by local regulations. Atthe same time, four bills on electronic voting arecirculating around the legislative chambers and arebeing analysed by various legislative committees. 6These deal with:• Implementation of electronic voting in Argentinagenerally• Voter identification and provisional balloting• Establishing a single ballot system• Vote counting and the use of supportingdocumentation.The experimental projects were set up by representativesfrom different parties and provinces. Two ofthem are in Salta, a province in the northwest of thecountry and the pioneer province in the implementationof electronic voting. Some projects definewhat technology to use and others have left the issueto the discretion of the Interior Ministry. Most ofthem mention a system of electronic balloting, butonly one mentions the electronic ballot box. Nonemention the virtual vote – that is, the elimination ofthe physical electoral infrastructure and its replacementusing the internet. The projects mentioningthe internet mainly consider its use for sending the5 La tecla (2012) Aníbal y Randazzo chocan por el voto electrónico,21 March. www.latecla.info/2/nota_1.php?noticia_id=449916 Derecho a leer (2012) Cuatro leyes contra tu derecho a controlar lapróxima elección, 10 May. www.derechoaleer.org/2012/05/cuatroamenazas-contra-tu-derecho-a-controlar-la-proxima-eleccion.html64 / Global Information Society Watch

esults to data processing centres, which in Argentinaare in charge of the Electoral Justice.Electronic vote in Salta“First test of electronic voting in Argentina”: 7 on 10April 2011 a local newspaper ran this headline reportingon the election in Salta for the provincialgovernment and legislators. Although there hadbeen previous experiments, Salta’s was the mostextensive. It involved a third of the electorate andthe test was part of a progressive implementationschedule that was to be completed by 2015, withthe objective being electronic voting across theprovince.The decision, taken by the provincial governmentand authorised by the Electoral Court, wasnot supported by the political opposition, whichhad a minority status in provincial chambers. In2010 a group of representatives of different politicalparties released a document 8 requesting that theexecutive review the decision and repeal the electronicvoting. “Neither the electoral tribunal, thejudiciary or political parties could have sufficientlytrained technical staff to control the electronic ballotboxes,” they argued. “We have to trust that thecompany that provides the system has no interestin the outcome of the vote and can ensure the transparencyof the election.”However, the provincial executive moved forwardwith its proposal. About 240,000 people votedin terminals installed in 720 polling stations in thecapital city and several small towns. The systeminvolved a terminal and an electronic ballot. Thesoftware used was proprietary and was provided byMagic Software Argentina, a company with a highdegree of international certification and experiencein complex systems and data verification.For voting, voters use a touch screen to say ifthey want to vote using a complete ballot list ofcandidates from one particular party, one withcandidates of different parties for each office, ora blank ballot (i.e. the voter decides to vote for nocandidate). The voters then cast their vote electronically.The terminal prints a paper ballot thatincludes a chip. The voters must pass it through ascanner installed on the same machine and checkthat the screen displays what they have chosen. Thevoters then deposit the ballot in a traditional ballotbox. During the verification process, auditors scan7 I.profesional.com (2011) El voto electrónico y su primera “pruebade fuego” en la Argentina, 10 April. tecnologia.iprofesional.com/notas/114222-El-voto-electrnico-ante-su-primera-prueba-defuego-en-la-Argentina8 www.vialibre.org.ar/wp-content/uploads/2010/05/Escritooposicion-voto-electronico-27-05-10.pdfthe chips again using a different computer to tallyvotes. Then the computer calculates the result. Thelog of the process is sent over the internet to thedata processing centre at the Electoral Tribunal.Official sources declared that the election was asuccess, except for a few setbacks. Magic Softwarereported that there were four attempts to hack andbring down the official site on which the resultswere publicised, but all the attempts were neutralised.9 They also mentioned that “seven computers(1%) had problems but they were quickly replaced.”They noted that half an hour after the polls closed,they could inform the public of the first results fromthe polling points that had used the system.After the election, the government of Salta announcedthe schedule for using electronic voting in100% of the polls for 2013, through the ProvincialPlan for the Implementation of the Electoral Reform.They will conduct a survey of schools to check infrastructureand will organise training for teachers,political leaders, journalists and voters in general.The Centre for the Implementation of PublicPolicies Promoting Equity and Growth (CIPPEC), 10which will take charge of training and implementationof electronic voting, conducted an evaluationof the experience, surveying 1,502 voters and 112presiding officers. It has concluded that a) electronicvoting facilitated the task of the authoritiesand accelerated the verification process; b) thesystem is easy to use and was widely acceptedby the electorate; c) the change of voting systemstrengthened confidence in registering to vote butweakened confidence in the protection of confidentiality(however, both effects were considered to bemild); and d) electronic voting made the previoussystem of controls developed by political partiesobsolete. However, this creates uncertainty andconcern about their ability to control the operationof the new system.Neither transparent, nor reliable, nor secretIn the days after the election, the news agency Copenoa11 released a video that registered the momentthe machine on which the governor of Salta was tovote experienced technical problems. The machinefroze, and a young man whom we assume was anemployee of the company providing the system went9 Canal-ar (2011) El voto electrónico funcionó sin inconvenientesen Salta, 11 April. www.canal-ar.com.ar/noticias/noticiamuestra.asp?Id=1060010 Pomares, J. et al. (2011) Cambios en la forma de votar. Laexperiencia del voto electrónico en Salta.www.cippec.org/oear/docs/documentos_de_trabajo/DPP_N_94_PYGG.pdf11 www.copenoa.com.ar/Maquina-electronica-donde-debe.htmlARGENTINA / 65

to the computer to change the software and rebootedit using a software CD. “No voting authority or representativeof any political party was watching, andeven if they were, who would know what was on theCD?” writes Beatrice Busaniche from the Vía LibreFoundation and editor of Electronic Voting: The Risksof an Illusion. 12 This situation shows clearly that officialsdo not have any control over the system – and ifso, one of the essential principles of democracy wasinfringed: the citizen’s right to audit the election.The opinions about the system were favourable,perhaps because it is considered among thebest on the market. However, observers expressedconcerns that if the experience were extended tothe whole country, it would need to be in partnershipwith Magic Software because it has a patent onthe system in Argentina until 2024. 13 The concernsexpressed were that “it is a private company thatsuddenly has the power to control, audit and managethe voting act.”There have been electronic voting experienceswith other companies. Indra, a Spanish firm, wasused in a project in Marcos Juárez, Córdoba. Therewere some hitches in this pilot and technicians couldnot audit the votes. 14 In another case, in Las Grutas,a small town in the province of Río Negro, technologydeveloped by the state company Altec wasused. This pilot supported those who opposed electronicvoting. During the election so many problemsoccurred (delays, errors, loss of information) thatcity councillors reversed the electronic voting ordinance,and apologised through a public documentfor “buying into the promotions of salesmen.” 15In the case of Salta, the most critical aspect isthat the system could not ensure the secrecy andanonymity of the vote. The system can be interferedwith remotely and in this way informationabout who is being voted for may be obtained. Thisis what happened in the Netherlands, resultingin the scrapping of electronic voting. 16 Salta’s authoritiesdid not create measures to avoid this risk.Moreover, the fact that the ballot has a wireless chipincreases concerns. Each chip has a unique serialnumber, and the user of the chip can be associatedwith the number – and in this way the vote linked toeach serial number can be known.12 Fundación Vía Libre (2008) Voto electrónico. Los riesgos de unailusión. www.vialibre.org.ar/wp-content/uploads/2009/03/evoto.pdf13 www.patentes-online.com.ar/disposicion-y-metodo-de-votoelectronico-27828.html14 Smaldone, J. (2010) Así mienten los vendedores de votoelectrónico, 14 October. blog.smaldone.com.ar/2010/10/14/asimienten-los-vendedores-de-voto-electronico/15 Fundación Vía Libre (2008) op cit., p. 43.16 wijvertrouwenstemcomputersniet.nl/EnglishAnother aspect that must be highlighted isthe opaqueness of the technology. A local expertdefined the situation as an “expertocracy”, whichcreates problems with trusting the system. “The issueis: who is technically qualified to know if thesystem does what its developers say it is doing –especially if the entire source code is not publiclyavailable? Generally speaking, no one doubts the‘behaviour’ of an envelope, beyond the historicalmethods of electoral fraud.” 17As regards the speed of receiving results, thiswas also reconsidered in the evaluation. After 45minutes of vote verification, there were no more thansix tables of results actually recorded. But the mediacovering the election relentlessly repeated the resultsfrom those tables, claiming that electronic voting wasfaster. As Busaniche put it: “In Salta, aside from the reelectedgovernor, the big winners were the promotersof technocracy and those who prefer the privatisationof elections over the exercise of civil rights. Andof course, a company that, in its own right, is openingthe door to a giant business deal.”Conclusions“Electronic voting is seen as a panacea for moderndemocracies by techno-optimists, and as a ‘Pandora’sBox’ for possible tampering by its critics.” 18These are the axes of the controversy.The voices heard in the promotion of the implementationof electronic voting are mainly thoseof government leaders who propose it as a step tostate modernisation and access of citizens to technologicaldevelopment. At the same time, they feelit will make the act of voting more transparent andefficient. The concept of electronic democracy supportsthis position because of the potential of theinternet to improve political participation, to increaseaccess to information, to bring leaders closerto citizens, and at the same time to make all theseprocesses more transparent.Those who oppose electronic voting, mainlyspecialists or analysts of social and citizen issuesrelated to technology, address the risks that wouldresult from trusting the act of voting to a computer.They state that electronic voting does not provideany of the benefits it promises. They also stressthat is neither transparent nor reliable, and that itthreatens the important right to anonymity.In the electoral arena, the benefits of informationtechnologies in general and the internet inparticular should be evaluated from a different17 Blejman, M. (2011) El triunfo de la expertocracia, Página 12, 12 April.www.pagina12.com.ar/diario/cdigital/31-166037-2011-04-12.html18 I.profesional.com (2011) op. cit.66 / Global Information Society Watch

perspective. Although information technologies arevalued for their ability to increase access to informationthrough the digitisation of electoral rolls,the registration of voters, and the processing anddissemination of results, if applied to the act of voting,they make the process more vulnerable and putits main requirements at risk. Vía Libre Foundationnotes that “there is no electronic voting system thatrespects the right of citizens to anonymity (…) andthe inalienable right to participate in the auditing ofthe voting process itself.”Action steps• Electronic voting projects are generally proposedby leaders or legislators who have little awarenessof controversies around the implementationof technology. Because of this it is important todevelop strategies that highlight in as concrete away as possible the challenges mentioned above.• The general public is also not aware of the debates.Mass media mostly cover the benefits ofimplementing electronic voting. The questioningof the transparency of elections conductedby electronic voting should be more visible inthe mass media and on social networks.• Organisations involved with civil rights shouldtake these issues on board as advocacy issues.This will strengthen the legal opposition to electronicvoting. At the moment, the voices heardin Argentina come mainly from the technologicalfield.• If the implementation of electronic voting carrieson, there should be a rigorous and critical analysisof the technology involved, which includes avariety of actors in the evaluation (universities,civil society organisations, etc.). It is importantto implement previously used mechanisms forauditing the companies that offer software. nARGENTINA / 67

BangladesHICTs AND LOCAL SERVICE DELIVERY IN BANGLADESHBytes for All BangladeshPartha Sarker and Anir Chowdhurywww.bytesforall.orgFigure 1Corruption in education: Ratio of servicerecipients forced to pay a bribe54.1IntroductionOver the last 40 years, Bangladesh has becomean interesting case study where its low per capitaincome (USD 700), low literacy rate (around 50%),insignificant computer literacy level and low gridelectricitypenetration (less than 50%), coupledwith its high population density (1,142.29 peopleper sq. km in 2010), 1 could not retard its successin human development indicators. Bangladeshhas moved up 81% in the Human Development Index(HDI) over the last 30 years. With 99% primaryschool enrolment, a decreased infant mortality rate(from 145 deaths per 1,000 live births in 1970 to 46in 2003) 2 and an increased food security level (nearself-sufficiency), it has positioned itself as one ofthe countries that is geared towards achieving theMillennium Development Goals (MDGs). It also has90 million mobile phone users, 2.7 million Facebookusers, and 99% geographical coverage in voiceand data connectivity (mostly through wirelessnetworks) 3 – proving the country has attained initialreadiness for service delivery using information andcommunications technologies (ICTs).But all these gains have been achieved despitea widely acknowledged governance failure. 4 Thatgovernance failure is often demonstrated by thelevels and perceptions of corruption within thecountry. For five years in a row (2000-2005), Bangladeshtopped the global Corruption PerceptionsIndex prepared by Transparency International. 5Policy and political backgroundCorruption has multiple effects in a society. As AmartyaSen points out, “a high level of corruption canmake public policies ineffective and can also draw1 World Bank data on Bangladesh: data.worldbank.org/country/bangladesh2 UN Human Development Indicators on Bangladesh: hdrstats.undp.org/en/countries/profiles/bgd.html3 Bangladesh Telecom Regulatory Commission: www.btrc.gov.bd4 Zaman, I. (2006) Measuring Corruption in Bangladesh: CanCommunication Work?, Transparency International Bangladesh.ti-bangladesh.org/index.php/research-a-knowledge5 www.transparency.orgFor admissionin school35.5 32.5To be enlistedfor a stipend inprimary level21.8To be enlistedfor a stipendin secondarylevelFor actualdisbursementof the stipendsource: Calculated from TI Bangladesh (2005) Corruptionin Bangladesh: A Household Survey 2004investment and economic activities away from productivepursuits towards the towering rewards ofunderhanded activities.” 6 The World Bank has identifiedcorruption as the “single greatest obstacle toeconomic and social development.” In 2004 it estimatedthat more than USD 1 trillion is paid in bribesglobally each year.In Bangladesh, like other countries, corruptionhas both direct and indirect effects on the poor. Indirectimplications of corruption on the poor includediverting government resources away at the expenseof social sector benefits. Direct implicationsinclude the fact that corruption increases the cost ofkey public services targeted to them, and results inrestricted or limited access to essential services, asis shown in Figures 1 and 2. 7It is generally considered that Bangladesh loses3% of its GDP due to corruption. 8 Transparency InternationalBangladesh (TIB) suggests that almost75% of more than USD 35 billion in aid receivedsince independence has been lost to corruption.Mauro says, “If Bangladesh were able to reducecorruption by one standard deviation to the levelof Uruguay, its investment rate would increase byalmost 5% and its annual rate of growth would riseby over one-half percent.” 96 Sen, A. (1999) Development as Freedom, Oxford University Press,Oxford, p. 275.7 Zaman (2006) op. cit.8 ti-bangladesh.org9 Mauro, P. (1995) Corruption and Growth, Quarterly Journal ofEconomics, 110 (3), p. 681-712.68 / Global Information Society Watch

Figure 2Corruption in health: Ratio of service recipientsforced to pay a bribe29.3For outdoortreatment54.8For operation/x-ray/pathological testsource: Calculated from TI Bangladesh (2005) Corruptionin Bangladesh: A Household Survey 2004There are several policies or legislations thataddress the issue of corruption in Bangladesh. 10These include the Money Laundering PreventionAct (MLPA) that enabled the government to set upthe Financial Intelligence Unit (FIU) with ICT facilities.The Anti-Corruption Act 2004 helped theBangladeshi government set up the Anti-CorruptionCommission (ACC) with financial independence. ThePublic Procurement Act 2006 is aimed at ensuringaccountability and transparency in public procurementof goods, works or services, and free and faircompetition among all the persons interested intaking part in such procurement.One of the objectives of the National ICT Policyof Bangladesh 11 adopted in 2009 is to ensure “integrity”.It has three strategic themes which have anumber of action items directly aimed at the reductionof corruption in government. One specific item,namely action item no. 67, states: “[By allowing]citizens to report cases of corruption electronicallythis would empower citizens by giving them a voicein fighting corruption, thus helping the governmentfight corruption more effectively.” It was a “shorttermaction” (to be implemented within 18 months)with the ACC identified as the principal implementingagency.Local administration and public service delivery 12Over the past decades, a wide range of useful servicesto citizens have been provided by the DeputyCommissioner (DC) offices regarding control andsupervision of revenue, maintenance of public orderand security, licences and certificates, landacquisitions, census, relief and rehabilitation, socialwelfare, pension matters, education and public10 Iqbal, M. (2008) Tackling Corruption in South Asia: Are the RecentInitiatives Enough? An Appraisal of Bangladesh, Korea University, Seoul.11 bdictforum.wordpress.com/2012/03/14/national-ict-policy-2009-of-bangladesh12 UNDP (2012) Project document of the “Access to Information (II):E-service delivery for transparency and responsiveness” project.examinations, public complaints and enquiries. Theconventional system of office management andservice delivery at the DC offices is paper-based,which is time consuming and labour intensivefor both the service provider and receiver. DC officesare also unable to meet the high demand forservices from the growing population. Moreover,the inflexibility of this process coupled with theshortage of manpower and infrastructure make theservices prone to abuse and corruption.A national household survey 13 conducted by TIBin 2010 found that 88% of the respondents werevictims of corruption in the judiciary, followed bycorruption in law enforcement agencies (79.7%),land administration (71.2%), and taxation and customs(51.3%). In terms of bribery collection, lawenforcement agencies were at the top (68.7%),followed by land administration (67%), the judiciary(59.9%), and taxation and customs (43.9%).The survey also revealed that 66% of respondentsreported having to pay a bribe to access basic servicesin the previous 12 months, while 46% believedthat corruption has increased.In order to address this situation, District e-Service Centres (DESC) and Union (the lowest tierof local government institutions) Information andServices Centres (UISC) have been introduced toimprove the accessibility and transparency of publicservice delivery at the local and remote level.District e-Service Centres (DESC) 14A DESC centre is an ICT-facilitated one-stop servicecentre which provides an efficient electronic versionof the century-old manual and heavily bureaucraticservice delivery system at every DC office. DESCcentres have the following objectives:• To ensure service delivery at the doorstep of thepeople in the least possible time.• To uphold citizens’ rights to information throughan extensive information flow.• To reduce corruption and increase accountabilityby ensuring an enhanced flow of informationand more transparent processes.The services available at the DC office can be requestedand received through the one-stop servicecounters, online, by phone, by post or by fax.The first centre was piloted in the Jessore DCoffice in September 2010. Subsequently, more centreswere brought online throughout 2011. Finally,13 Transparency International Bangladesh (2010) Corruption in theService Sectors: National Household Survey 2010. www.ti-bangladesh.org/research/Executive%20Summary_23122010%20FINAL.pdf14 UNDP (2012) op. cit.BANGLADESH / 69

on 14 November 2011, Bangladeshi Prime MinisterShaikh Hasina and United Nations Secretary-GeneralBan Ki-moon jointly inaugurated DESCs in all64 districts of the country. Citizens are now able tosubmit their applications online from service centreslocated at the DC office, Union Parishad or evenfrom their own home without having to travel to thedistrict headquarters.Upon submitting their applications, citizens receivean SMS notification with a receipt number anddate of service delivery. In addition, citizens will alsobe able to submit their applications through the DistrictPortal from anywhere in the world, including allthe Union Information and Service Centres. Citizensare notified through either SMS or email once theservice is ready to be delivered. They can choose toreceive the service in-person from the DC office concernedor by postal mail if the application is regardingrequests for any documents. During the waiting period,citizens are able to check the status of their lodgedapplications though SMS or District Portals. This hasallowed citizens to avoid in-person visits to DC offices,which previously gave birth to corrupt practices.Union Information and Service Centres (UISC) 15UISCs are newly established one-stop service outletsoperating at all 4,545 Union Parishads (lowesttier of local government) of the country. Through theuse of ICTs, a UISC is able to bring various types ofinformation related to government, livelihood andprivate services to the doorstep of citizens in ruralareas. It ensures that service providers and userssave time and cost, and has made operations hasslefree. Operating under the Public-Private-PeoplePartnership (PPPP) modality, these centres are runby local entrepreneurs, hosted by Union Parishadsand supported by the central administration.UISCs began operations in 2009 in 30 UnionParishads through partnership between the LocalGovernment Division and Access to Information(A2I) programme. The Quick Win initiative expandedrapidly, culminating in a launch in all 4,545 UnionParishads on 11 November 2010 by the prime ministerof Bangladesh and UNDP administrator.Each UISC is operated by two young local entrepreneurs– a male and a female – under thesupervision of a local advisory headed by the UnionParishad’s chairman. The Union Parishad providesspace and utilities for the centre. The Local GovernmentDivision coordinates with the Cabinet Divisionand Bangladesh Computer Council to establishthe basic ICT setup, including computers, laptops,printers, multimedia projector, digital camera,15 Ibid.webcam and solar panel. The entrepreneurs are freeto install additional facilities to support businessgrowth, at the same time ensuring that the socialsustainability of the centre is achieved by deliveringgovernment information and services.Results achievedGreater access and efficient processing havereduced barriers of culture, class, gender and distancein the delivery of public services. DESCshave made the service delivery process easy byminimising layers of red tape, time, hassle and costfor citizens. Travelling long distances and standingin long queues to receive services in districtheadquarters has been eliminated. Services havebecome truly decentralised with the access to DESCat union level through district portals. An enhancedtracking system ensures more accountability andtransparency in public service delivery, leading tobetter governance.The average official fee to get a copy of a simpleland record is BDT 8 (USD 0.10). However, becauseof the corrupt practices of unscrupulous middlemen,the bribe paid to them is easily 20 to 100 timesthis amount. Now, with the introduction of e‐servicesto access land records, the official fee is theonly fee paid by the citizens, since the middlemenhave no access to how the electronic transactionsare done. The elimination of face-to-face interactionwith the middlemen has brought about this result.Also, citizens are saving a significant amountof time and money since they now do not have totravel to district headquarters. Previously, moneywould be spent on travel for the applicant, travelfor an escort accompanying an applicant who isa woman, elderly, illiterate or has a disability, theopportunity cost in terms of daily wages for the applicantand the escort, and sometimes an overnightstay in district headquarters, all of which would createa significant financial burden for the applicant.DESCs accessible from UISCs have eliminated mostof these costs.The tracking number received over mobilephone is a remarkable addition for the eliminationof corruption – it allows citizens to track the statusof processing and brings a higher measure of predictability.Previously, the unpredictability and thelong delays would open up opportunities for rentseeking by non-officer middlemen and sometimeseven government officers.In addition, the dashboards visible to the higherauthorities displaying the status of applicationprocessing put the officers in the DC office on highalert, increasing efficiency and reducing the tendencyto ask for bribes from citizen applicants.70 / Global Information Society Watch

The electronic documents and land recordsare less prone to corrupt practices of tamperingthan their paper counterparts. And even if hackersemerge among the government officers, the introductionof digital signatures starting in 2013 willsafeguard the electronic documents, adding anotherbarrier to corrupt practices.Since 14 November 2011, 16 all DC offices combinedhave finalised 809,219 applications, while1,280,576 applications are in process; 389,423land records have been delivered to citizens against758,153 applications received. Four million citizensvisit the UISCs per month to access various services.Action stepsAs indicated by the TIB survey, the majority of corruptionoccurs at the level of services that thegovernment provides to the general public. Initiallythe Bangladeshi government pursued automation toimprove internal processing and coordination. Thisresulted in an expensive procurement of state-ofthe-artequipment, but did not bring any qualitativechange at the service delivery end. Neither did itstop the corrupt practices. Therefore it is importantthat the government pursue innovative approaches,such as the DESCs and UISCs, and bring as muchopenness, automation and transparency as possiblethrough decentralisation and e‐services. Thegovernment should start to use its National e‐GPPortal for e‐procurement of goods and services.Currently, any local tender package up to BDT 500million (USD 6 million) for goods or works and up toBDT 100 million (USD 1.2 million) for services can beprocessed through this portal.In order to address corruption, the governmentneeds to protect whistleblowers and encourageICT-based communication allowing anonymity. Theparliament enacted an act for protection of whistleblowersin 2011. This needs to be promoted alongwith the Right to Information Act that may encourageothers to seek or share information oncorruption taking place even in remote areas.It is generally believed that ICTs can eliminatethe need or possibility of direct face-to-face interactionfor people seeking information or services,thereby reducing the chances of abuse of decretorypower by officials and opportunities for corruption.But this needs to be backed by enough political willand institutional strengthening efforts. The ACCcan prepare a strategic plan for harnessing the fullpotential of ICTs in its activities, both in preventionand enforcement. Citizens need to be engaged andencouraged to be vigilant in an innovative way thatbrings forward an anti-corruption friendly environment.n16 Chowdhury, A. (2012) Service Delivery Transformation inBangladesh: ICT as the Catalyst and Lessons from Korea.BANGLADESH / 71

BeninThe internet CRIME BOOM IN BENIN: WHERE SORCERYAND the “KINNINSSI” FETISH GET INVOLVEDCréACTION BENINBarnabé Ogouman Affougnonwww.ogouman.blogspot.comIntroductionCorruption begins at home. The corruption of ourleaders reflects a wider moral corruption in society.This report looks at the phenomenon of internetcrime in Benin – which is proving an attractive andlucrative outlet for the country’s wayward youth.The internet has a huge impact on populationsin Third World countries. The number of users hasrisen at an unprecedented rate, due to the countlessadvantages to be had from the use of the internet.In 1999, we could count over 300 million active “internauts”on the global network. Today, the numberof people using this tool far exceeds one billion.Unfortunately, as some people assert, “Not all wefind on the internet is good.” Some people would talkabout paedophilia, prostitution and internet crime.The naivety of some internet users has facilitated anew outbreak of internet criminals multiplying theirframe-ups without being worried, largely because ofthe non-existence of an adequate legislative and regulatoryenvironment. Opportunities, everything startswith opportunities. All is due to opportunities. “Opportunities”is the magic word that catalyses the crime.Trying to seize opportunities, people get trapped. Theyare deprived of all their possessions – sometimes, theyclaim, under the influence of evil spirits.Benin, the country of the “Vodun” religion, ofsorcery and of the occult, has become a hotbed forinternet crime since 2005 – usually the result ofstudent graduates. They can be found crouched ininternet cafés, exploring new strategies and ruses.They constantly look for the next victims to swindleusing social networks such as hi5, Facebook, Twitterand Netlog. Some even say they use magic: the“Kinninssi” fetish, a formidable Vodun fetish, andsorcery. These phenomena are far from things of thepast in Benin: people complain about them everyday at the Financial and Economic Brigade (BEF)and to Interpol.This report tells the story of four young Beninesevictims of internet crime. We argue that thisis a symptom of rampant corruption in society – aresult of a lack of leadership and strong parenting.A brief, broad outline of the legislativeand regulatory framework for the fightagainst internet crime in BeninBenin has long functioned on an old criminal code;that is to say, the French Code introduced in theFrench colonies of western Africa by the decree of 6May 1877. Unfortunately, this does not cover onlinecriminal activities.The Council of Europe convention on cyber crime,which came into effect on 1 July 2004, is today theonly international treaty which acts as a landmarkfor any state willing to develop national legislationagainst internet crime. In view of the extent of thephenomenon, in 2009 the Beninese government,through the Secretariat of the Interior, drafted decreeNo. 200/MISP/DC/SGM/DGPN/SERCT/DER/SA related to the creation of a division in charge ofthe fight against internet crime. This decree stipulatesthat victims of internet crime can approachInterpol or the BEF with their complaints.However, generally, the legal arsenal devotedto the fight against internet crime is poor in Benin.The only existing law is “the law related to the fightagainst corruption and other similar infringementsin the Republic of Benin” passed by the Benineselegislature on 30 August 2011. This law fills the legalvoid that has existed when it comes to financial andeconomic crimes, including money laundering andcorruption.The storyline to a pathetic movie– what a lot of victims!Two million CFA francs. That is the amount collectedby four young Beninese (Yasmine, Erick, Doltaireand Rosemonde) in order to travel to Canada witha view to taking part in a training seminar on developmentissues. At the beginning, a huge numberof emails were exchanged. The schedule of themeeting, the itinerary of the trip to Canada, eventhe hotel reservations, everything was known inadvance by our four young friends. The informationthey were being given confirmed that everythingwas going well.Beforehand, Joseph, a friend of Erick’s, wasalready whispering to the latter that there are differentforms of swindles on internet. “You should becareful Erick; I hope you’re not doing ‘Gay’!”72 / Global Information Society Watch

Joseph didn’t listen to his friend and carriedon with searching for the funds required by theindividual arranging the travel – an internet criminal.Some of their parents were even persuaded tosupport them financially so that they could affordthe attendance fees to the seminar. They were supposedto be given the tickets after they had sent themoney. One week before the trip, no more signs, nomore emails, no more calls as before, and everythingwas muddled. They were never going to takepart in the seminar. They understood this too late.Despair! Destroyed ambition! They just got rippedoff on the internet. Wasn’t heaven with them?Anyway, God took sides: he chose to be withthe “Gay men”. Those hustler networks, thoseinternet criminals, they are very well organised.They just robbed four naive, credulous young peoplewho believed in their luck! They got trippedlike thousands of other victims who thought theywere seizing opportunities on the internet. These“offers” are either diverse sales offers (vehicles,household appliances, animals, metals), or loanopportunities (even donations) publicised on specialisedwebsites and offering very advantageousconditions; or they can be invitations to seminars,direct commercial promotions to customers, introductionsto networks of pornographic photos andfictitious marriage promises, the fraudulent sale offlight tickets, the delivery of forged diplomas, or thepurchase of raw materials for fictitious pharmaceuticalfactories. The criminals have even succeededin selling some of the most coveted public placesin the economic capital of Benin, such as the historicallandmark Étoile Rouge, the symbol of theMarxist-Leninist era in Benin, or the Sun Beach Hotel,a really comfortable hotel, which was subject toa fraudulent transaction on internet.“Six hundred cases had been recorded in 2006in Benin at the end of our survey. From 2007 to 2011,many hundreds of internet crime cases were subjectto proceedings by the BEF. At least two or three casesper day,” said the commissary Dieudonné Dadjo.The last unimaginable case perpetrated by the“Gay men” in the week starting 20 May was the abductionof an American in Benin. During the pressconference organised by the national police services,the American, taken hostage and discovered by thepublic security forces, has been a victim of the internetcriminals’ operations. The abductors led him intoa trap with a view to getting money out of his family.It was the first time such an operation was carriedout in Benin. The technique used by these forgersworked well, since the American was kidnapped. Butthey harvested nothing because of the involvementof US and Beninese secret services.Nicknamed 419 scams in Nigeria, the internetcriminals are known as “Gay men” in Benin. Theyappeared in Benin in the mid-2000s, and the phenomenonhas expanded like lightning. For a longtime the scams were operated by Nigerian peoplein Benin. But this activity quickly engendered newrecruits, mostly student drop-outs. The only aim is“to pay back the Northern countries for the historicaldebt they owe to the Southern countries,” theysaid. Young people, aged from 15 to 35, attackedthe cyber centres, buying a frightening number ofbrowsing hours. “It’s a well-paid job,” they usuallysay. The computers are occupied all day long,preventing other people from working. This causessome grumbles or some disputes with the powerlesscyber centre managers. This rabble of thieves– very arrogant, proud and impolite – own wonderfulvillas, luxurious houses that catch the attentionand the admiration of the Beninese. They drive nice,top-of-the-line cars and own shops placed here andthere in Cotonou city.Internet: When sorcery and the “Kinninssi”fetish get involvedSorcery finally got involved in this huge swindleoperation led by these young people. Neglectedby their parents, they find their way throughstreet education. Fond of the internet and theeasy life, they invest in internet crime activitiesusing every occult or evil mechanism or processto affect their customers. They carry out nocturnaljourneys because they are part of lodges orother groups. The sorcery, the “Kinninssi fetish”and other occult practices have become “toolsfor helping them make decisions,” then “toolsto facilitate access to wealth.” Their only aim isto “swindle to become wealthy.” No sentimentalism,no state of mind. It’s business. When theseyoung people are questioned, they maintain thatthe “Kinninssi fetish” helped them get, by anymeans, what they wanted from an individual.Once targeted, the victims give in to their manoeuvresunder the influence of occult forcesand diabolical processes, and, bewitched, theysend money via Western Union. At night, the “Gaymen” control the stars through esoteric rites tomuddle the spirituality of the targeted people andto possess their mind. Now they say how difficultit is to use fetishes since these are fed with humanblood. Fatal accidents on the road and tragicdeaths are often caused so the fetish can be fedwith human blood. Sometimes, the difficulty infinding human blood for the fetish becomes thecause of “tragic deaths by accident” among “Gaymen” themselves.BENIN / 73

AnalysisThe development of information and communicationstechnologies (ICTs) has facilitated manynegative behaviours amongst young people. Theglobalisation of the economy and resources hasdriven the world into a situation where values havedisappeared and been replaced by a world withjungle law: “The strongest will always dominatethe weakest.” This system perpetuates and generatesfrustrations among young people. “We aregoing to get our revenge on those colonisers whohave been treating us roughly for centuries.” Thismessage is strong, and supports the aim that the“Gay men” have given themselves – even thoughthe irony that many of their victims are Africansescapes them.The economic crisis and the impoverishmentof Southern countries have facilitated the rise ofjuvenile delinquency. In Benin, the indicators arecritical. The socioeconomic environment is characterisedby a weak human development level with aHuman Development Index score of 0.42%. Beninis ranked 158th out of 173 developing countries;67% of the rural population and 55% of the urbanpopulation is considered as poor and vulnerableto poverty. The illiteracy rate is estimated at 67.4%overall, and 78.1% for women.The state is resigned. Society, being an accessory,is also resigned and powerless. Before,in the socio-cultural communities, when a childstole something, other parents or members of thecommunity could inflict a punishment before hisparents came. Why? Because by doing this, thechild made his family ashamed, and even the wholecommunity. This age is bygone. Today, when youmisappropriate millions or billions, you are congratulated,applauded.All this is followed by the resignation of parentsfacing the education of their children. Thisincompetence sustained by the complicity of theparents has facilitated delinquency, corruption,theft and internet crime. The society has no valuesapart from those created by the youth. Obviously,the politicians and businessmen have shown theirweaknesses, and the internet criminals resemblethem. The politician misappropriates billions of CFAfrancs. The investigation committees that are createdare nothing else but farces to legitimise theimpunity. The youth, without any solid landmarks,face the damaging of human values, and givethemselves other chances to survive thanks to thebusiness on the internet. Business! Oh yes!! Andthey are busy with it, those abandoned children.What do they actually gain with the sorcery, withthe “Kinninssi” fetish, if they must die with lifelessbodies on the roads and the highways? What dothey gain with those luxury cars, those villas thatthey finally abandon, lying down in their casketsand saying goodbye to life? It’s not their fault. It’sthe way the world is going.Beyond the legislative and regulatory environment,developing countries such as Benindon’t have effective means to fight against thisphenomenon. The efforts that are made are justproportional to the existing means. Yet, accordingto the saying, “desperate times call for desperatemeasures.” The public powers, which drainpublic savings, should develop mechanisms andstrategies to bring an end to internet crime. Themaintenance of a good business climate in Beninamong traders is at least some guarantee for thesafety of online activities and, above all, for a goodbrand image of the country at the internationallevel.ConclusionWe have explained the problem. As far as we areconcerned, our role is not to moralise. Our role isto sensitise users so that they can become aware ofthe phenomenon that is internet crime.The youth have to take charge of themselves inanother way, taking up the challenges they are facing.And the state has the obligation to accompanythe education of these young people by offeringthem suitable environments for their growth – becauseno one is wicked voluntarily. Beninese youthhave to draw from the country’s psychological, emotional,mental and spiritual resources to find theright answers to their concerns. Development is notjust a word. It’s planning, strategy – it’s work.Action stepsWe recommend the following:At the state level• The state has to improve the legislative andregulatory environment that fights againstcorruption, internet crime and other similarinfringements.• The authorities have to help disband the internetcriminals in the cyber cafés throughpersuasion and dissuasion.• The Beninese state has to create a suitableenvironment by protecting its citizens againstinternet abuses.• The state has to sign bilateral and multilateralpartnerships with other states to develop crossborderpolicies on internet crime.74 / Global Information Society Watch

At the level of parents• Parents have to assume their parental duties toeducate their children.• They have to be more engaged in their children’slives, and informed about their activities.• Some parents have to stop desecrating culturalheritage. This is necessary for the growing societyto be a society of justice that respects valuesand contributes to the development of the humanbeing.At the level of children• Children have to understand that they are thefuture of the nation and they have to work totake up the challenges that are waiting forthem, including corruption and unemployment.• They have to work at school so as to be rolemodels for society.• ICTs facilitate communication, and so, life. Theyhave to draw from these tools all the applicationsthat can guarantee them their financialindependence and their future. nBENIN / 75

BoliviaAccess to INFORMATION IN BOLIVIA:LESSONS LEARNED IN POLICY MAKINGREDES FoundationJ. Eduardo Rojaswww.fundacionredes.orgIntroductionThe new constitution of Bolivia approved in 2009promotes access to information, transparency ingovernance and the strengthening of citizen participationin the monitoring of the state administration.These require administrative planning processeswith multi-sectoral actors, as well as public consensus.Since 2010 REDES Foundation, in alliance withthe Agency for the Development of the InformationSociety (ADSIB), a state institution, have promotedthe development of public policies in the field.This experience shows that public policies relatedto access to information and transparencyrequire certain abilities, namely: a trans-disciplinaryapproach to information and knowledge management;the development of expertise in disciplinessuch as communications, information technology(IT), systems analysis, statistics, and archival management,as well as the development of sustainablepublic-private models that provide free services,training and interplay.Public policies on access to information shouldalign with the real-world context that determinesaccess to technology, which in the case of Boliviaimplies three action areas: improving the level ofinternet penetration; increasing the use of technologiesfor development; and taking advantage ofthe high penetration of mobile technologies, creatingpublic-private business models that allow freeaccess to information.International policy for accessto information in Latin AmericaThe Latin American framework for the promotion ofaccess to information consists of three parts. Thefirst is related to the right to information, and includesthe Universal Declaration of Human Rightsand the American Convention on Human Rights.Both lay the foundation for the right to informationand guarantees for freedom of expression. The secondframework corresponds to the commitmentsthat the American states have adopted in terms offighting corruption, particularly the Inter-AmericanConvention Against Corruption of 2007. The thirdframework encompasses agreements and responsibilitiesin terms of e‐government, including thecommitments adopted at the Geneva 2003 WorldSummit on the Information Society (WSIS), whichproposed the vision of the information societydriven by the member states, and the Tunisia 2005WSIS follow-up, which proposed a series of mechanismsto bridge the digital divide and promoteinternet governance, with e‐government as one ofits priorities.At the regional level, the states of Latin Americaand the Caribbean (LAC) address strategic aspectsrelated to the adoption of information and communicationstechnologies (ICTs) in the public sector inthe Bavaro Declaration. 1 The Santo Domingo Declaration2 deals with modernisation through theimplementation of e‐government strategies thatinclude citizen participation. The Ibero-AmericanCharter on E‐Government 3 ratifies state reforms,and recognises the citizens’ right to interact electronicallywith the public administration. It alsorecognises the state’s irreplaceable role regardingelectronic service delivery, suggesting the generalconditions for e‐government development. Finally,the eLAC 2015 Plan, administered by the TechnicalSecretariat of the Economic Commission for LatinAmerica and the Caribbean (ECLAC), deals with theobligations of the state when it comes to the constructionof the information and knowledge societyin Latin America.In general terms, the above frameworks arenot consistently applied when it comes to thetransparency of and access to public informationin Latin America, and Bolivia is no exception. Thiscreates different approaches amongst differentgovernment actors. For example, the Ministry forTransparency and the Fight Against Corruption prioritisesthe international approach that privilegesthe battle against corruption; the ADSIB prioritisesthe e‐governance framework; while REDES Foundationpromotes the use of the three international1 www.cepal.org/prensa/noticias/noticias/9/11719/Bavarofinalesp.pdf2 www.clad.org/documentos/declaraciones/declaracion-de-santodomingo3 www.clad.org/documentos/declaraciones/cartagobelec.pdf/view76 / Global Information Society Watch

Figure 1E-government model for access to informationPUBLIC ADMINISTRATIONTRANSFORMATIONServicesCapacitiesInfrastructureSustainabilityLegislationExternal ProcessesDEMOCRACY:SOCIAL PARTICIPATIONGOVERNMENTLEADERSHIP(MultisectorCommiteeE-GovTechnic Unit)LegislationSustainabilityInfrastructureCapacitiesServicesRight to Information Art. 106Bolivian ConstitutionNational Policy of Transparency(Ministry of Transparency)Electronic AdministrationProgram (PAE)-ADSIB• Participation of non-governmental actors Thedesign of public policies for access to informationrequires overcoming a lack of methodologyrelated to the effective involvement of actorsfrom the private sector, academia and civil society.In the majority of cases, the design of suchpolicies includes the consultation of some “specialised”actors that do not always representthe interests of the population, which is why itis important to broaden consultation.• An e-government model for access to informationThe operational level requiresthe implementation of internal and externalreforms in public institutions in order to effectivelyenforce the right to information.During the Information For All Project, financedby UNESCO, REDES Foundation proposed themodel illustrated in Figure 1, which definesthree main activities in order to develop a successfule‐government strategy: 1) start withgovernment leadership, 2) define actions orientedtowards transformation, and 3) focus onthe modernisation of public management.Each area is complemented by five concrete actionsthat include the development of:• Legislation to guarantee that the transformationsare legally backed in the long term.• Sustainability to guarantee that the implementationof e‐government becomes institutionalised,78 / Global Information Society Watch

that it forms part of the governmental culture,and becomes an essential practice in the dynamicbetween local government and citizens.• Infrastructure to guarantee the acquisition andmaintenance of appropriate technology to overcomethe digital divide.• Technical capacity to ensure that officials aswell as citizens learn to use and control thetechnology and information in order to promotedevelopment.• Online services to facilitate the simplificationof procedures, administrative transparency, accessto information, democratic participationand an improved and modern interrelation betweenthe government and its citizens.ConclusionsLatin America has a short history of public policyimplementation in terms of access to information asa human right. There are three tendencies in termsof international instruments: 1) initiatives that privilegethe fight against corruption with preventiveand punitive measures; 2) initiatives centred on theadoption of ICTs in public administration or e‐governance;and 3) initiatives that focus their effortson the establishment of the human right to ICTs asa basis for modernising the public administration,including internal and external processes.One of the most important methodological challengesto promote access to public information inthis region is combining the international instrumentsof 1) the fight against corruption and thepromotion of transparency, 2) e‐government and 3)the right to information as a human right.The design and implementation of public reformsin terms of access to information by entities with nodecision-making capacity also constitutes one of themain barriers that hinders the uniform establishmentof the right to information as a daily practice in thepublic administration and amongst the citizenry. Suchinitiatives become partial, and have a short reach andlimited impact for small groups of the population.It is imperative to build a national legal frameworkthat includes international standards andeffectively integrates the right to information, thefight against corruption and e‐government.It is important to promote the participation ofcivil society throughout the process of developingand implementing public policies on access toinformation.An effective and comprehensive e‐governmentmodel should consider the development of internaland external reforms in at least five fields:legislation, sustainability, infrastructure, technicalcapacities and online services.Action steps• It is necessary to encourage a public culture thatinsists on the right to information, and whichhelps create a basis for citizen participation inand influence over the public administration.• It is important to create a public culture thatincludes the protection of private and personalinformation.• Free access to information, low-cost solutionsand the use of mobile technologies need to beemphasised in the development of informationinitiatives. nbolivia / 79

BraZilWhere DOES the MONEY go? THE CHALLENGEof TRANSPARENCY IN STATE SPENDINGGPoPAIGisele Craveirowww.gpopai.usp.brIntroductionAccessing public financial information is essentialfor transparency in government actions in orderto increase confidence in the state and accountability.According to the Organisation for EconomicCo-operation and Development (OECD), 1 “Access toinformation, consultation and active participationin policy-making contributes to good governanceby fostering greater transparency in policy-making[and] more accountability.”The use of information and communicationstechnologies (ICTs) for the publication of informationon public finance on websites can be observedin many countries since the early 2000s. 2 Usually,these portals publish budget laws, definitions andother technical supporting documents for the interpretationof published financial data. It is importantto note that the websites have different refreshrates for information about income and expenses.The level of detail, formats used and quality of accountinginformation are also very heterogeneous,usually corresponding to the government’s commitmentto transparency. 3In Brazil, Complementary Law 101/2000 (FiscalResponsibility Law) 4 is the federal legislation thatprovides budget transparency and was enhancedby Complementary Law 131/2009, 5 also known asthe “Transparency Law”. It establishes penalties forstate institutions which do not make detailed andup-to-date budgetary information available to citizenson the internet.1 OECD (2001) Citizens as Partners: Information, Consultation andPublic Participation in Policy-Making, OECD, Paris.2 World Bank (2004) Making Services Work for the Poor: WorldDevelopment Report 2004, World Bank, Washington D.C.3 Solana, M. (2004) Transparency Portals: Delivering public financialinformation to citizens in Latin America, in Thinking Out Loud V:Innovative Case Studies on Participatory Instruments. www.worldbank.org/socialaccountability_sourcebook/Regional%20database/Case%20studies/Latin%20America%20&%20Caribbean/TOL-V.pdf4 Government of Brazil (2000) Lei Complementar Nº 101. www.planalto.gov.br/ccivil_03/leis/LCP/Lcp101.htm5 Government of Brazil (2009) Lei Complementar Nº 131. www.planalto.gov.br/ccivil_03/leis/lcp/lcp131.htmThe Transparency Law obliges all Brazilianpublic entities (executive, judiciary and legislativebodies at the federal, state and municipality levels,as well as in the federal district) to publish detailedbudget data online in real time, and defined the followingdeadlines for compliance:• Federal government, states and municipalitieswith more than 100,000 inhabitants: May 2010• Municipalities with between 50,000 and100,000 inhabitants: May 2011• Municipalities with up to 50,000 inhabitants:May 2013.So, since 2009, many financial and budgetarygovernmental websites have been launched; but,unfortunately, the information provided has notreflected an ideal level of detail and many otherdifficulties also prevent citizen oversight. Thereis a lack of standardisation and it is very hard (oreven impossible in some cases) to make comparisonsand track spending among different levels oforganisations, as two studies show. 6 This also highlightscases that illustrate problems in budgetarydisclosure.The “Para onde foi o meu dinheiro?” projectAs the information about revenues and expenseson federal financial and budgetary websites ispublished in such a way that makes it difficult tovisualise governmental expenses, a hacker groupcalled São Paulo Perl Mongers has started the “Paraonde foi o meu dinheiro?” 7 project, a Brazilian versionof the “Where does my money go?” initiative. 8Information about public expenses was displayedin a more convenient way for citizens throughgraphical visualisation, and the project rapidly attractedattention from civil society organisationsand the media. The first impact was that the visualisationgenerated from data provided by officialsources showed that around 80% of the Brazilianfederal government budget, or one trillion Brazilianreais (USD 500 billion), was spent in the “Diversos”6 Craveiro, G. S., Santana, M. T. and Albuquerque, J. P. (2012) AssessingOpen Government Budgetary Data in Brazil, submitted. Also see: INESC(2011) Budget Transparency in Brazilian Capitals. internationalbudget.org/wp-content/uploads/Budget-Transparency-in-Brazilian-Capitals.pdf7 www.paraondefoiomeudinheiro.com.br8 wheredoesmymoneygo.org80 / Global Information Society Watch

(“Various”) category of expenses, 9 which has no legaldefinition. 10The Brazilian federal government at first reactedby denying any kind of problems with the budget orits disclosure, but after a while changes were madeto the data put on its website. As a result, “Paraonde foi o meu dinheiro?” had to discontinue itsfederal budget visualisation work, as some informationwas lacking from data published on the officialfederal website. The only graphics that “Para ondefoi o meu dinheiro?” show now are the 2010, 2011and 2012 São Paulo state budget visualisation. 11When asked about the release of complete information,the federal government (namely, the Office ofthe Comptroller General of Brazil) replied that the datafor web publishing was being reformatted accordingto a “Restructuring the Transparency Portal” commitment.But it is important to note that this commitmentwas signed in the context of the Open GovernmentPartnership (OGP) and the corresponding Brazil ActionPlan, which set an initial deadline of September 2012, 12which was then moved to September 2013 13 and, recently,“the deadline was updated to December 2013.” 14The “Cuidando do Meu Bairro” projectThe “Cuidando do Meu Bairro” (Taking Care of MyNeighbourhood) project, 15 run by GPoPAI, aims toprovide a tool for citizen engagement and to provideoversight of specific expenditures on the city’s publicfacilities. To achieve this, City of São Paulo expensesare geolocated and displayed on a map, allowing anyoneinterested to make links to her/his everyday life.The tool is available on the web and has receivedthe attention of a very important network in São Paulo,“Rede Nossa São Paulo” 16 (Our São Paulo Network),which comprises more than 600 civil society organisationsworking in areas as diverse as education, health,housing, environment, security and leisure.9 Loenert, L. (2011) Afinal, para onde foi o meu dinheiro?, Webinsider,13 May. webinsider.uol.com.br/2011/05/13/afinal-para-onde-foi-omeu-dinheiro10 Federal Budget Office (2012) Manual Técnico do Orcamento. www.portalsof.planejamento.gov.br/bib/MTO11 www.paraondefoiomeudinheiro.com.br12 Government of Brazil (2011) Brazil Action Plan for the OpenGovernment Partnership (first release), p. 15.www.acessoainformacao.gov.br/acessoainformacaogov/acessoinformacao-mundo/governo-aberto/ogp-brazil-actionplan.pdf13 Government of Brazil (2012) Brazil Action Plan for theOpen Government Partnership (second release). www.opengovpartnership.org/sites/www.opengovpartnership.org/files/country_action_plans/BR-PlanoDeAcao-ActionPlan.doc14 Office of the Comptroller General of Brazil (2012) Balanço do Planode Ação do Brasil na Parceria para Governo Aberto. www.cgu.gov.br/PrevencaodaCorrupcao/CompromissosInternacionais/ogp/documentos/arquivos/Balanco-Plano-Acao-Brasil-OGP-outubro2012.pdf15 www.gpopai.usp.br/cuidando16 www.nossasaopaulo.org.brThis ongoing partnership with Rede Nossa SãoPaulo will give valuable information on how access tobudget information affects the relationship betweencivil society and public administrators at the municipallevel. Better access to budgetary information caninfluence the construction of policy agendas withinsocial organisations.One of the first findings is that, despite the detailedexpenses data disclosed by the São Paulo municipalgovernment, some aggregation that prevents publicoversight was found. In the 2011 São Paulo budget, forexample, many well-described enacted actions, suchas “Sister Annette School construction in the ErmelinoDistrict”, had no money allocated to them. On the otherhand, there are many expenditure items describedpoorly, such as “22 schools construction”, which wereallocated or settled. This is neither transparent nor accountablepractice.2013 – a worrying scenarioThe previous projects rely on budgetary and spendingdata in order to provide citizens with the tools to exercisepublic oversight. As mentioned, the level of detailis unfortunately not high enough, and it is gettingworse for 2013. Important changes in the disclosureof federal budgets will make it impossible to track individualgovernmental actions.As soon as two civil society organisations, Cfemea 17and Inesc, 18 became aware of the changes that werebeing made by government without any publicity orconsultation with civil society or even the parliament,they alerted activists. As a result, over 90 movementsand organisations have signed a letter 19 denouncingthe changes and demanding the democratisation ofthe budgeting process. Following from this mobilisation,a dialogue among civil society organisations, thegovernment and the rapporteur of the Budget GuidelinesLaw for 2013 was started, mediated by the JointBudget Committee president.What will happen now is that each ministry willdetail its budget according to a new instrument calledthe “Budget Plan”. Unfortunately, this will be an internalexercise, and the plans will not be publishedbroadly, prejudicing transparency and better conditionsfor social control over public spending. Withoutaccess to the budget plans, the Brazilian parliament,which reviews the budget proposals for 2013, willhave no knowledge about how resources will be spenton some governmental actions, as many of them havebeen aggregated. This hinders parliamentarians and17 www.cfemea.org.br18 www.inesc.org.br19 www.inesc.org.br/noticias/noticias-do-inesc/2012/julho/junho/carta-aberta-ao-governo-federal-e-ao-congresso-nacional-pelademocratizacao-e-transparencia-do-orcamento-publico/viewBRAZIL / 81

the participation of civil society organisations in thedebate on the budget bill and its execution.After the mobilisation, it became apparent that thegovernment was resistant to adopting the measuressuggested by the parliament to ensure transparencyand respect for society’s right to know exactly howpublic resources are spent.The reasons for the veto against sharing the budgetplans were explained in this way: “The Budget Planis a management tool, optional, and is intended toallow both budgeting and the monitoring of financialexecution at a more detailed level.” Brazilian civil societydemands were not accepted by the governmentbecause they would “broaden the goals of the BudgetPlan [and make it unenforceable].” With such a decisionthere is no guarantee that details of governmentactions will be available for public access.The government’s refusal could be seen in the 2013Draft Budget Bill published on the Planning Ministry’swebsite. It shows that none of the demands madeby social movements and organisations have beenconsidered. The number of government actions withexplanatory details has been reduced. Descriptionsof umbrella actions hide other actions that were previouslydescribed, and there is no matrix to make linksbetween what has changed and what has remainedthe same. This will certainly prevent further analysisthat has been done for years by various organisationsand movements. This will sacrifice transparency ofpublic spending and social control.There are several examples that demonstrate howchanges have made the budget less transparent, lessparticipatory and less democratic. These weaken discussionsin parliament and raise difficulties for publicmonitoring and participation.Two initiatives in the Budget Act of 2012 whichwould have provided technical assistance and ruralextension for diverse groups were combined in thebudget proposal for 2013.Before the change it was possible to identify specificactions for different groups, including indigenouspeoples, family farmers, Quilombo (Afro-Brazilian)communities, and rural women.These groups have organised social movementsand campaigns, agitating for their rights through allocationsin public spending. With the changes, thispolitical action will be frustrated.Another example that demonstrates the lack oftransparency in the current budget proposal is relatedto the policy for prevention and control of HIV/AIDS.This policy is internationally recognised for the activeparticipation of civil society in its formulation and monitoring.In the Budget Act of 2012, there are only threespecific budget actions, and in the budget proposalfor 2013, all three policy actions directed at combatingHIV/AIDS were grouped into major budget actions,such as the promotion of “pharmaceutical care”.As a result, neither civil society organisations norparliamentarians know what resources the federalgovernment intends to allocate for the purchase ofantiretroviral drugs for people with HIV/AIDS. Thereis no information available to the Joint CongressionalBudget Committee, and civil society cannot discuss anddebate about whether the resources proposed by thegovernment for this purpose will be sufficient or not.ConclusionTwo of the most innovative web tools in Brazil thataim to give better resources to citizens to help themunderstand public spending suffer from the poorquality of data disclosed on official budget websites.Unfortunately, the lack of detailed data and poorstandardisation limit and sometimes prevent publicoversight, and consequently weaken the fight againstcorruption.Brazilian civil society is very worried because thisscenario could worsen. The measures adopted in structuringthe public budget have been compared to theones used during the period of the Brazilian dictatorship.20 This is a tremendous setback for a governmentthat just passed an advanced Access to InformationAct and which was the former Open Government Partnershipco-chair. Moreover, it is inconsistent with thediscourse that social participation is a good methodof government.Action stepsGiven the context of the above discussion, the advocacyfocus areas for civil society appear clear:• Push for effective standards of quality in publicbudgeting and disclosure of spending.• Publicly question the Brazilian government, bothat the national and international levels, abouttransparency, accountability and social participationin its budgeting process; and, consequently,about how effective the fight against corruptioncan be given the current process.• Evaluate the first Brazil Action Plan according toOpen Government Partnership commitments.• Demand that the government meet its fiscal transparencycommitments in the second Brazil ActionPlan for the Open Government Partnership. n20 Cabral, G. (2012) Chega de conversa fiada: Governo Dilmainviabiliza o controle social das políticas públicas, UniversidadeLibre Feminista, 24 October. www.feminismo.org.br/livre/index.php?option=com_content&view=article&id=99994584:chega-deconversa-fiada-governo-dilma-inviabiliza-o-controle-social-daspoliticas-publicas&catid=109:atencao82 / Global Information Society Watch

BulgariaThe case of direct PARTICIPATION IN LAW ENFORCEMENTby the Smoke-FREE BULGARIA CITIZENS’ INITIATIVEBlueLink.netPavel Antonovwww.bluelink.netIntroductionEnforcement is the usual Achilles’ heel of almost anylegislation passed in Bulgaria over the past two decades.This is why when the post-socialist country’sPrime Minister Boyko Borissov said in 2010 that acomplete legislative ban on tobacco smoking in publiccould never be enforced in Bulgaria, few questionedhis judgment. A former police general and securityguard, Borissov possesses solid experience with lawenforcement (or the lack of it), so an existing legislativeban on smoking in public was quickly scrapped bya majority of members of parliament (MPs), some ofwhom held stakes in tobacco trade companies.But to their surprise, there were those few whodisagreed and demanded that the non-smoking banshould be restored and implemented. A little-knowngroup of citizens, named BezDim (from “Smoke-freeBulgaria”), offered to personally and actively participatein the law’s enforcement. To get their messagesthrough, the ban’s supporters pooled their time andmoney and held creative rallies in Sofia. Their groupused ordinary email, Facebook, Twitter and a Word-Press-powered blog 1 to communicate to the publicand the media. But their ambition to participate in theactual implementation of the law required even moresophisticated IT tools.Policy and political backgroundTo perceive the magnitude of BezDim’s proposal fordirect participation in law enforcement, one needsto know that respect for the rule of law is historicallyweak in Bulgaria. The control of tobacco smoking inparticular is performed by Regional Health Inspectorates(RIOKOZ) which are part of the Ministry of Health.On the ministry’s own anti-corruption webpage theRIOKOZ are listed among the executive state agencieswhere corruption is “most frequently found.” 2 Acohort of about 600 state inspectors make their livingas gatekeepers of the law, enforcing the state’s1 www.bezdim.org2 Ministry of Health (2009) Anti-corruption, Conflict of Interest,Investigation of Alerts (in Bulgarian). www.mh.government.bg/Articles.aspx?lang=bg-BG&pageid=426&categoryid=879&home=truecumbersome health and sanitary requirements uponbusinesses and citizens alike. Bribes and little “favours”are common: 52% of Bulgarians – or just aboutevery second one – are convinced that health, foodand sanitary inspectors take bribes and abuse theirpositions for personal gain. 3In 2011, Bulgaria was the country with the worstscore on Transparency International’s Corruption PerceptionsIndex in the EU. 4 In these circumstances ofalmost endemic corruption across the state apparatuses,the idea of getting citizens voluntarily involvedin day-to-day tobacco smoking control was an opportunityto introduce greater transparency and civilsociety oversight of the murky state enforcement practices.It would give a well-needed boost to Borissov’sself-proclaimed government quest against corruption.That is, if anyone wanted it to!Citizen voluntary enforcementThe original reaction was discouraging. Tobacco industryfront groups, public figures, MPs and journalistsproclaimed public participation in law enforcementa crazy idea, ridiculed it and compared it to the otryadnitsi– the members of voluntary law enforcementbrigades that had existed during the times of statesocialism. The first state administration doors to openwere at the Public Health Prevention Department ofthe Health Ministry, whose head, Masha Gavrailova,had been the engine behind tobacco-control legislationfor decades. The sudden appearance of active andmotivated citizens willing to get involved in the ban’senforcement was appreciated by Gavrailova and hercommitted team member Vilia Velikova. The two arrangedfor citizens and the heads of RIOKOZ to meetfor the first time in early 2011.But trust was not easy to build. A partial smokingban had been enacted by Parliament and by the beginningof 2011 the members of BezDim were gettinganxious to see it enforced, bombarding the inspectorateswith reports of violations. Yet enforcementremained weak, according to a report by BezDim’smembers, released to the media in February 2011. Thegroup pointed at the inefficiencies of the partial ban3 Eurobarometer (2012) Corruption: Report, p. 53. ec.europa.eu/public_opinion/archives/ebs/ebs_374_en.pdf4 EurActive.com (2011) Corruption creeping up in Bulgaria, Greece,Romania: TI. www.euractiv.com/justice/corruption-creepingbulgaria-greece-romania-ti-news-509380BULGARIA / 83

and demanded decisive action by the state for its enforcementand for the restoring of the complete ban. 5Their observations also revealed specific cases of corruptionamong state inspectors.Facebook and email had been the primary communicationenvironments of the citizens’ initiative since itsvery start, but BezDim members had also been proactiveand creative in securing traditional mass mediachannels to communicate their messages so that theycould reach and influence political decision makers. Inan attempt to boost its outreach and capacity, BezDimhad in 2010 already initiated a Smoke-free Life Coalitionof existing groups, NGOs and any other interestedorganisations. Among the coalition’s members wereexperienced medical and public health advocates, aswell as BlueLink.net – a networking support providerfor environmental NGOs and individual activists, andAPC’s member in Bulgaria.Ushahidi’s ways in BulgariaBlueLink.net took up the task of designing a webplatform enabling voluntary participation in theenforcement of tobacco control. After a careful assessmentof BezDim’s needs and based on its previousexperience with online platforms for filing citizens’complaints against illegal logging 6 and urban environmentproblems, 7 BlueLink.net opted for a solutionbased on Ushahidi. “Ushahidi’s concept of ‘activistmapping’ is most suitable for BezDim’s purpose, asit combines social activism, citizen journalism andgeospatial information,” explained Antonia Vlaykova,an IT coordinator at BlueLink.net. Based on Ushahidi,the BezDim platform should enable active citizens toreport smoking ban violations, using mobile phonesor the internet. The system will also create a temporaland geospatial archive of all reported incidents, andthe way in which the authorities reacted to them. Anotherpurpose of the platform is to enable contact andcommunication among citizen volunteers and BezDimmembers across the country, Vlaykova explained.The platform’s design was made possible by agrant administered by the International Union AgainstTuberculosis and Lung Disease, one of the grantingagencies in Europe of US-based Bloomberg Philanthropies.Bloomberg’s funding made possible thehiring of a professional campaigning and analyticalteam. It positioned the developments in Bulgaria onthe global anti-smoking movement’s map and enableda useful exchange of expertise and know-how. Butthe influx of donor money had a somewhat chilling5 BezDim (2011) Our demands: restoring of the ban and lawenforcement (in Bulgarian). bezdim.org/blog/2011/02/11/nashiteiskaniya6 www.spasigorata.net7 urbanotopia.bluelink.neteffect on the previously informal and very dynamicvoluntary spirit of BezDim. Luckily the initiative wasable to carefully manage the transformation and cautiouslymaintain its existing voluntary action spirit andmechanisms.Winds of policy changeThings were changing on the government’s side too.Upon retirement from the administration, Gavrailovajoined BezDim’s project team as a senior policy expert.Her reputation and media popularity as a former topministry official in charge of tobacco control helpedopen new doors in the corridors of state power. In themeantime a legislative proposal for reinstating thecomplete ban was filed by the country’s Health MinisterPeter Konstantinov in December 2011. This timePrime Minister Borissov seemed to be willing to try enforcinga smoking ban, and he cut back the influenceof tobacco industry lobbyists within his own ranks.EU Health Commissioner John Dalli demonstratedhis support for the ban during a visit to Bulgaria andsymbolically invited BezDim representatives to asmoke-free lunch. A cornerstone ruling by the country’sSupreme Administrative Court earlier in 2011 haddeclared smoking an “unhealthy habit”, rather than ahuman right, and confirmed that banning it was partof Bulgaria’s obligations to the World Health Organization’sFramework Convention on Tobacco Control andto EU law. 8Bulgaria’s Chief State Health Inspector AngelKountchev, a medical doctor and non-smoker, supportedthe ideas for government-citizen cooperationin law enforcement and announced it to all statehealth inspectors at their national meeting. He invitedcitizens’ feedback on the performance of state inspectors.BezDim’s web platform made it possible for usersto conceal their identity from the authorities, protectingthem from possible repercussions by restaurantowners or smokers. These options seemed very appropriatebecause of the popular suspicion that someinspectors were in permanent “friendly” contact withviolators and would actually leak a plaintiff’s identityto them – a possibility that would discouragemany, particularly in smaller communities, from filingcomplaints.Many chose to file violation alerts using theweb-based form at www.bezdim.org, knowing that aproject team member would duly submit them to thenecessary inspectorate, and a formal answer wouldbe received in due course. BezDim seemed moretrustworthy as a channel of communication with8 Antonov, P. (2011) SAC: The ban in Kyustendil – legal; itscancellation by the state – a violation of EU law, Dnevnik, 30 May(in Bulgarian). www.dnevnik.bg/bulgaria/2011/05/30/1097731_vas_zabranata_v_kjustendil_-_zakonna_otmianata_i_ot84 / Global Information Society Watch

authorities than their own existing phone lines andemail addresses. About 30 alerts had been receivedand filed during its beta trial period, before it waseven announced to the general public in March 2012.BezDim’s project team examined them carefully as acase study, in order to analyse the performance andeffectiveness of the new web-mediated channel forcommunication between citizens and authorities. Thefindings, as well as a list of repeated violations thathad been reported, were submitted to Kountchev.A partnership that had seemed impossible startedworking.ConclusionThe case discussed shows how active citizens inBulgaria have used an open source internet solutionstrategically to achieve direct participation in the enforcementof a complete ban on tobacco smoking.Citizens have also used the web to keep their coregroup operational, coordinate and take immediate action,reach the mass media, and participate in decisionmaking. Further, they have used available social networkingand networking platforms to communicatetheir messages and boost support and participation.These include both commercially available options,such as Facebook, Twitter and YouTube, and noncommercialoptions, such as the activists’ socialnetworking site of BlueLink.net. Using these platformsto expose incidents of lack of enforcement andviolations of the law, the activists in fact perform civilsociety oversight on the functioning of state enforcementbodies with a high corruption potential – such asthe regional health inspectorates.The latter function is made possible by an easy-touseonline form for filing citizens’ reports of violations,which are then processed and passed to the authorities.The identity of the original senders is concealedin most cases, in order to guarantee their safety andtrust. The described mechanism affects corruptionboth directly and indirectly. Its direct impact is exercisedby:• Optimising the performance and resources spentby enforcement authorities by directing themstraight to observed incidents of legal violations.• Bringing in more transparency and civil societyoversight of the work of health and sanitary inspectorsin Bulgaria.• Sharing observations directly with their superiorsat the Health Ministry, who are supposed to curbcorruption.Summed up, the measures listed above carry great potentialfor directly diminishing corrupt practices. Butthe indirect impact of BezDim’s online mechanism isalso of great – possibly greater – importance for society.In effect, through the electronic platform andthe related web-based communication tools, the antismokingactivists have successfully offered to theirfellow citizens a powerful avenue for direct participationin an area traditionally reserved for the state andits authorities, such as law enforcement. Such participationstrengthens the performance of institutions byenhancing the self-healing powers of the administrationand offering public support to honest officialsworking to decrease corruption and enforce laws. Notleast, internet-based IT tools such as BezDim’s smokingalerts platform have a multiplying effect uponcivil society’s participation and power to bring positivechange and curb bad governance and corruption.Such potential is equally important for the so-calleddeveloped industrial societies of the West, the postsocialistcountries of Eastern Central Europe, and forall societies across the world that seek to develop democracy,civil society and the rule of law.Action stepsThe story of BezDim suggests the following actionsteps for ICT activists:• Cultivate and maintain a voluntary spirit: openand well-intentioned exchange of opinion, poolingof resources, and solidarity in the distribution oftasks make a civil initiative sustainable and attractiveto more people.• Beware of the effects of donor funding: apart fromproviding useful resources, it may easily kill acommunity’s spirit.• Create trust and make allies with people from theadministration; use and help them to enhancetransparency and public participation, and to accomplishyour goals.• Step up public intolerance to corruption by persistentlyrevealing and shaming corruption publicly– in person, online and in the media.• Make your group an exemplary showcase of transparencyand anti-corruption practice.• Look out for a broader “coalition” of allies whowould back your cause and provide expertise andresources, and bring transparency to your work.• Get key decision makers on your side: for example,the prime minister or an EU commissioner.Make it embarrassing – and politically unacceptable– for them to put up with endemic corruptionand industry lobbying. nBULGARIA / 85

CameroonThe struggle to TURN the TIDE…PROTEGE QVSylvie Siyam, Serge Daho and Emmanuel Bikobowww.protegeqv.orgIntroductionIn 1998 and 1999, the German NGO TransparencyInternational, the most cited source in corruption discussions,gave top spot to Cameroon in its rankingof the world’s most corrupt countries. That shaminghonour came as a wake-up call to the Cameroonianauthorities, who then decided to hit the nail on thehead in order to weed out the scourge.In reality, Cameroon did not wait for theTransparency International ranking before takingresolute steps towards achieving good governance.From the moment he came to power in 1982, thehead of state, Paul Biya, made “rigour” and “moralisation”his chief battle horses – even if the resultshave been weak. This led to the government’s will tofight corruption being questioned.However, more resources have been committedby the Cameroonian government in the past fewyears to help curb the problem.Policy and political backgroundGovernment commitment to combating corruptionhas led to a number of initiatives with several structuresbeing created to serve as watchdogs, notably:• Decree No. 098/273 of October 1998 creatingthe ministry in charge of the Supreme StateAudit. This aimed at winning a threefold battle:dealing with the ethical behaviour of managersand public bookkeepers; achieving the goodmanagement of public affairs; and the fightagainst corruption.• The National Governance Programme that cameinto effect on 31 August 2000 and aims, amongother things, to consolidate the rule of law andto fight corruption.• The National Anti-Corruption Observatory, alsocreated in 2000 and intended to educate Cameroonianson the need to stop corruption.• The anti-corruption cells within ministries createdin 2001 by former Prime Minister MafanyMusonge.• The Court of Auditors of the Supreme Court governedby Law No. 2003/005. It is equivalent to acourt of accounts and reviews the accounts of certifiedpublic and other practising accountants.• The National Agency for Financial Investigation(ANIF), 1 created by Decree No. 2005/087 of May2005, following the regulation aimed at eradicatingand preventing money laundering in Central Africa.• In March 2006, the drive against corruptionfollowed the creation of the National Anti-CorruptionCommission (NACC), 2 which is the lastmechanism to be established and add its voice tothe others. It is the main anti-corruption agencyin Cameroon and was established by Decree No.2006/088, replacing the National Corruption Observatoryin May 2007.Using ICTs to fight corruption in CameroonBut how strong are these organs? Do they use informationand communications technologies (ICTs) tohelp fight corruption in Cameroon? How far have theysucceeded in turning the tide? In fact, many havebeen likened to toothless bulldogs, with their sporadicreports and actions considered as cries in thewilderness.Despite the technological advances available tothem, the aforementioned entities scarcely use ICTsolutions to roll back corruption, apart from the ANIF.However, there are a few existing cases that could belabelled success stories.Among the series of concrete actions undertakenthanks to the use of ICTs is the Computer System for IntegratedManagement of State Personnel and Salaries(SIGIPES). It was initiated in June 2000 with the objectives,amongst others, of setting up an effective filingsystem, fighting against corruption, and eliminating“ghost workers”. It also created a single database forthe entire government personnel, taking into account,in real time, all transactions.SIGIPES includes an electronic interface namedAQUARIUM that allows agents and members of thepublic to follow the processing of their applications. 31 www.anif.cm2 www.conac-cameroun.net3 Ministry of Public Service and Administrative Reform (2002) SIGIPES& AQUARIUM: More transparent handling of personnel files inCameroon. www.egov4dev.org/Transparency/case/sigipes.shtml86 / Global Information Society Watch

Before SIGIPES, the processing of applications andthe management of internal files was flawed by corruption,laziness and poor handling of the documents(duplicating of already signed documents, the changingof names, double salary payments, and so on).Similarly, in 2007, Cameroon launched a reformof its customs administration which included thetransborder Automated System for Customs Data(ASYCUDA). This new system is a useful instrumentin the management of procedures and rules for handlingfiles for customs clearance. 4 Just months afterits implementation, initial results were encouraging(including lower corruption, higher revenue collectionand shorter clearance times). Thanks to the newprogramme, the use of continually updated data asa means of controlling the quality of services wasimplemented. Inspectors were then aware that theirsuperiors were actively checking up on them via thecomputer system. The computerisation of the proceduresdistanced customs officials from users, limitingopportunities for corruption. Ever since its implementation,ASYCUDA is helping the state maintain the 27%of its national revenue generated by the payment ofcustoms duties. 5Besides this, Cameroonian Minister of FinanceOusmane Mey, alongside the directors general ofsome 13 commercial banks in Cameroon, 6 signed aprotocol agreement in April 2012 to facilitate the paymentof customs duties. According to the agreement,all those clearing goods at the Douala seaport arerequired to pay customs duties directly to the banks– making the customs process easier, simpler and lessprone to corruption and embezzlement of state funds.For the moment the measure is applied only to biggerimporters and represents only 20% of customs dutiesincome. It will be gradually extended to individuals.There are a number of applications, some implementedelsewhere, that have the potential to scaledown corruption in Cameroon.Crowdsourcing applications like Kenya’s Ushahidior Nigeria’s Stopthebribes can be used to reportincidents of bribes. Similar initiatives are springingup all over Africa. Through such initiatives and globalones like Bribespot and Corruption Tracker, ICTs areempowering people to take a stance against corruption,according to Transparency International. In thesame spirit, a 24-year-old Cameroonian, Hervé Djia,4 Momet, M. (2006) La Douane vers un système integré dedédouanement grâce au SYDONIA, Le Confident, 1 April. www.leconfident.net5 Cantens, T., Raballand, G. and Bilangna, S. (2010) Reforming Customsby measuring performances: A Cameroon case study, World CustomsJournal, 4 (2).6 Ndouyou Mouliom, J. (2012) Le paiement électronique des Droitsde douanes devient effectif, Cameroon Tribune, 2 April.developed a mobile phone application called NoBackchich7 (or “no more bribes”) in 2011 by merging mobilephone technology with email internet applications,search engines and social networking. NoBackchichprovides consumers with the latest information on thecost of public service procedures. The idea is based onthe belief that, if public service consumers get accurateinformation, the number of people offering moneyin exchange for services will significantly drop. Nevertheless,critics worry very few Cameroonians own thesmartphones needed to use the new application. 8The World Bank defines electronic government asthe use of ICTs “to improve the efficiency, effectiveness,transparency and accountability of government” 9and argues that “e‐government helps to increase thetransparency of decision-making processes by makinginformation accessible – publishing governmentdebates and minutes, budgets and expenditure statements,outcomes and rationales for key decisions, andin some cases, allowing the online tracking of applicationson the web by the public and press.” Cameroonhas complied with that recommendation, but not toa very great extent. The Presidency of the Republicof Cameroon has an official website, 10 as do all of thecountry’s 65 ministries. These have useful informationon laws and decrees, as well as information on corruptionand governance. However, public initiativesthat provide for online services such as licensing andregistration, which would limit encounters with publicofficials, have not yet been fully established. In July2009, the National Agency for Information and CommunicationTechnology (ANTIC) developed a strategyfor the installation and use of information technologieswithin government institutions. The aim of thestrategy is to harmonise practice within the differentinstitutions and modernise and ease public administration.11 The strategy has not yet been implemented.However, until now there has been little done interms of making the government’s financial activitiesaccessible to citizens and, in doing so, strengtheningtransparency and accountability efforts online.However, if in some sub-Saharan African countries theinability to use ICTs effectively to improve public servicedelivery and increase transparency can be blamedon the government’s lack of capacity, 12 this is not the7 www.voanews.com8 Hervé Djia has announced that he is designing a cheaper version.9 Gronlund, A. (2010) Increasing Transparency and FightingCorruption through ICT: Empowering People and Communities,Spider ICT4D, Stockholm.10 www.prc.cm11 www.antic.cm/12 We should point out however that digitisation in the country isstill in its infancy. See Siyam, S., Daho, S. and Jabouin, E. (2009)Cameroon, in Finlay, A. (ed.) Global Information Society Watch2009, APC and Hivos. www.giswatch.org/gisw2009CAMEROON / 87

case in Cameroon. The Cameroonian government doesnot publish information about its financial activitiesand budgets because of the fear of inviting criticismand exposing corrupt behaviour. 13Unlike some countries where access is threatenedby governments wary of citizens using new communicationtools, 14 the Cameroonian government is activelyattempting to increase ICT penetration. 15Civil society is also playing an active role in curbingcorruption through the use of ICTs. This is the case ofAnti-Corruption Cameroon (AC), 16 which is conductinga project based on the view that a lack of knowledge isnot the main obstacle to the fight against corruption. Itrelies on the belief that corruption in Cameroon reliesnot so much on the inability to know as on the inabilityto act. The project is therefore trying to empowercitizens to actively fight the scourge, creating a tool (amobile phone hotline) for the victims of corruption tofile court cases against corrupt officials and, in doingso, to set a precedent, creating deterrence. 17ConclusionSince traditional approaches to improve governance(large-scale national awareness campaigns, sensitisationcampaigns, a multiplicity of anti-corruptionstructures, and so on) have produced rather weakresults in curbing corruption in Cameroon, experimentationand the evaluation of new tools to enhanceaccountability should be an integral part in the questfor improving the fight against corruption.Promising cases do exist, such as SIGIPES or ASY-CUDA, and more recently the “NoBackchich” mobileapplication, which is unfortunately yet to be fullyimplemented.Praiseworthy entities have been conceived andput in place in Cameroon to weed out corruption. Nevertheless,little has changed in any tangible manner.13 However, the government accepted the conditions of theExtractive Industries Transparency Initiative (ETTI) in March 2005,thus making oil profits a matter of public record. EITI aims atstrengthening transparency in the oil sector.14 It should be noted that prior to the 2011 hunger riots commemoratedevery 23 February, the government suspended MTN Twitter servicefor security reasons. See Siyam, S., Daho, S. and Bikobo, E. (2011)Cameroon, in Finlay, A. (ed.) Global Information Society Watch 2011,APC and Hivos. www.giswatch.org/gisw201115 The country is deploying 5,000 km of fibre optic cable as part of areliable, high-capacity telecommunication backbone infrastructurewhich will enable the coverage of the whole country. In addition,approximately 40 Multipurpose Community Telecentres have beenconstructed in rural areas, as part of a broader project that willcover the entirety of the country’s remote areas, bringing basictelecommunications facilities and incorporating the greater massesinto the stream of ICT activities.16 AC is an International NGO founded in 2005 to bring innovationto the anti-corruption arena. AC Cameroon became operational inMarch 2008.17 www.kick-corruption.orgThe different anti-corruption agencies and commissionsare not endowed with the adequate funding,power and mandate to carry out their mission. As anexample, the Global Corruption Barometer reportreleased in December 2007 by Transparency Internationalhighlights Cameroon as the country with theworst results, with 79% of Cameroonians admitting tohaving paid a bribe for services. 18 We therefore stronglythink that emphasis should be laid on ICT solutionsto improve transparency and accountability in ourcountry for, as Johan Hellstrom said, the very presenceof computerised applications “decreases corruptionand secret activities because it leaves footprints andaudit trails.” 19Action stepsCameroon’s situation as far as corruption is concernedsuggests that ICT activists should adopt the followingstrategies:• Work hard to convince citizens that pushing forgovernment accountability through the use of ICTtools is as important as any other developmentissues.• Advocate for the establishment of an appropriateICT infrastructure in the public and private sectorto support the growing demand for ICTs.• Advocate for the development of an empoweredagency to fully appropriate and lead the expansionof e‐government in Cameroon in terms ofpolicy dialogue, the development of policies andstrategies, and resource mobilisation.• Make public one or many free mobile numberservices available for citizens to report acts of corruptionvia short message service (SMS).• Advocate for e‐government. When a countryimplements e‐government programmes therefollows a considerable reduction in corruption.Corruption often occurs because users interactwith officials on a regular basis, to pay taxes, applyfor a passport or driver’s licence, or follow upon applications in ministries, etc. This interactionoften leads to acts of corruption due to the lack ofprofessional standards in public service.• Advocate for the installation of an electronicsystem of grievances to increase government accountabilityand transparency. n18 Cameroon was still ranked 134th out of 182 countries on theTransparency International Corruptions Perceptions Index 2011.19 www.dw.de/technology-lets-developing-nations-fight-corruption/a-1547293888 / Global Information Society Watch

CanadaTransparency, ACCOUNTABILITY AND the INTERNET:THE “ROBOCALLS” SCANDALAPC and Open Technology InstituteLisa Cyr and Grady Johnsonwww.apc.org and www.oti.newamerica.netIntroductionThe summer of 2011 saw Canadian headlines marredby controversy. After tens of thousands of Canadiansfiled complaints with the electoral commission,it soon became evident that an unknown number ofvoters had been the victims of ICT-mediated electoralfraud throughout the country. The since-named“robocalls scandal” has left a scar on the Canadianpolitical process, with members of civil society andopposition parties calling for by-elections in severalcontested ridings.On 2 May 2011, Canadians set out to the pollsfor the fourth time in seven years. Since 2004, noparty had won a majority of seats in the House ofCommons, and a rising lack of confidence in theminority government gave way to federal electionsonce again, in which the Conservative Party wouldwin a majority government this time around.In the days leading up to the 2011 federal election,voters from across the country received calls askingwhether they would be voting for the Conservatives.On election day, opposition party supporters in over200 ridings received an automated message claimingto be from Elections Canada, citing an unanticipatedincrease in the number of registered voters and directingthem to a new – and false – polling station.The Conservative Party has acknowledged thatthere was some wrongdoing but claims that thesewere the actions of an unnamed rogue campaigner,acting on his or her own initiative, and not reflectiveof party policy.However, the question on everyone’s mind, asarticulated by opposition Member of ParliamentDavid Christopherson, is: “How likely is it that it’sone rogue person who’s behind this?” 1The answer is, very.What is worrisome about this case is not thatone of Canada’s political parties might be engagedin electoral fraud (as reprehensible as that is), butrather that the accused party may in fact be tellingthe truth. The larger issue is not whether the ConservativeParty is culpable or not; the mere fact thattheir explanation is plausible is cause for concern.The emerging landscape of cheap and widereachingcommunications media means that it isentirely possible that an overzealous campaigner,sufficiently motivated, could have orchestrated these“robocalls” with little risk or cost to themselves,right from their living room. Such super-empoweredindividuals with a minimum of computer skills andsufficient motivation could have a significant impacton future elections.How one call changed an electionEarly on election day it became clear that somethingwas amiss. Elections Canada received hundreds ofcalls from confused poll clerks and frustrated voters,having been directed to the wrong polling station –or, in some cases, to empty parking lots or addressesthat did not exist. Stories emerged of angry citizenstearing up their voter cards in frustration.No election is without its hiccups, but clearlythis was unusual.It did not take long for the confusion of 2 Mayto transform into outrage and indignation. Disenfranchisedvoters lodged scathing complaints withElections Canada while opposition parties madepublic demands for an explanation.As the reports came flooding in from ridingsacross the country, a troubling picture began toemerge. It quickly became evident that these werenot isolated incidents but in fact a deliberate effortto disrupt the voting process. Final tallies showedthat Elections Canada had received over 31,000 complaintsfrom 200 of Canada’s 308 federal ridings.The situation was worse than anyone had suspected.Two independent studies conducted byEkos Research and Forum Research determinedthat the number of Canadian households who receivedthe fraudulent calls was between 50,000 and250,000, respectively – more than enough to swayan election.According to official investigators, fraudulentrobocalls were used extensively to misinform votersin at least seven ridings in Ontario, Saskatchewan,Manitoba, the Yukon and British Columbia. 2 On elec-1 ottawa.ctv.ca/servlet/an/local/CTVNews/20120329/robo-calls-Mayrand-ottawa-20120329/20120329/?hub=OttawaHome2 www.cbc.ca/news/politics/story/2012/03/26/pol-electionscanada-committee-thursday.htmlCANADA / 89

tion day, tens of thousands of Canadians in theseridings received the automated calls claiming to befrom Elections Canada, telling them their pollingstation had been changed – but Elections Canadadoes not use automated calls. 3Non-Conservative voters were almost exclusivelytargeted. According to Ekos Research, in theseven most affected ridings, 10% to 15% of householdsreceived the robocalls. Among oppositionparty supporters, this number was as high as 90%.Each of these ridings was a close race betweenthe Conservative and opposition candidates, andcritical to achieving a much-coveted federal majority.Most of the Conservative candidates in theseridings eked out victories by slim margins – in onecase by as little as 17 votes. Whatever their affiliation,if any, to the Conservative Party, the intentionsof the robocalls’ authors were clear.Once the scope of the fraud had been revealed,election officials were now tasked with uncoveringthose responsible and bringing them to justice. AsElections Canada investigators soon discovered,this would not be easy.One riding, which was particularly targeted andhas since become the centre of the investigation, isGuelph, Ontario.On 2 May 2011, some 7,000 households in theGuelph riding received automated calls directingthem to false or non-existent polling stations. Investigatorshave since traced the calls back to anautomated voice-over-IP service hosted by RackNine,an Edmonton-based webhosting company, from anaccount registered under the name “Pierre Poutine”. 4The transcript of one robocall from the Guelphriding reads as follows:This is an automated message from ElectionsCanada. Due to a projected increase in voterturnout, your poll location has been changed.Your new voting location is at the Old QuebecStreet Mall, at 55 Wyndham Street North. Onceagain, your new poll location is at the Old QuebecStreet Mall, at 55 Wyndham Street North. Ifyou have any questions, please call our hotlineat 1-800-443-4456. We apologize for any inconveniencethis may cause.According to RackNine’s records, the fake ElectionsCanada message went out to 7,676 numbers between10:03 a.m. and 10:14 a.m. on election day – ata cost of just CAD 162.10 (USD 160).At the time of writing, more than a year haspassed and Elections Canada has yet to name anysuspects. With Canadians increasingly upset anddemanding that someone be held accountable, thequestion on everyone’s mind is, can the perpetratorsbe brought to justice? This remains to be seen.Tracking Pierre Poutine“Pierre Poutine” was meticulous in hiding his (orher) tracks. He registered a PayPal account usingan obvious pseudonym, used prepaid credit cardspurchased with cash, a prepaid “burner” phone, afake address and a free Gmail account. To furthermask his identity, he accessed his RackNine accountthrough a free IP anonymisation service.When investigators subpoenaed the IP anonymiser,Saskatchewan-based freeproxyserver.ca,the records were no longer available. Similarly, thesurveillance footage from the pharmacy where theprepaid credit cards were purchased had long sinceexpired.However, there remain a few breadcrumbs tofollow. The records released to investigators fromRackNine have shed some light on the case, buthave yet to provide concrete evidence.To begin with, the list of numbers uploadedto the RackNine account matches a ConservativeParty database, including the names of thousandsof “non-supporters” who had been contacted andidentified by local campaigners in the days leadingup to the election. The Elections Canada voters listdoes not contain voter preference, nor does it containvoter telephone numbers. 5RackNine had also been used extensively (forlegitimate calls) during the election by Conservativecampaigners, including Andrew Prescott, headof the Conservative campaign in Guelph. As therecords show, both Prescott and “Poutine” accessedtheir accounts through the same proxy service. Atone point, both accounts were accessed – withinfour minutes of each other – using the same IP address,99.225.28.34.Though certainly suspicious, none of thisamounts to damning evidence. Under the currentlegal environment, IP addresses cannot be conclusivelytied to an identity – they are recycled ona semi-regular basis and cannot be submitted asevidence in court. Given this reality, can investigatorsreally make a case beyond reasonable doubt?It seems unlikely.3 www.cbc.ca/news/politics/story/2012/03/29/pol-robocallsmayrand.html4 Poutine is a French-Canadian dish made of French fries, gravy andcheese curds and is not an actual family name; therefore the namePierre Poutine at a glance is suspicious to begin with.5 news.nationalpost.com/2012/03/29/pierre-poutine-made-6700-robocalls-in-guelph-on-election-day-using-450-number90 / Global Information Society Watch

ConclusionNecessarily, the robocalls incident brings up thequestion of privacy versus security. Not being ableto trace the fraudster(s) in this case is a major concernfor Canadian authorities and for the integrityof the Canadian electoral process. However, privacyis paramount to human rights defenders across theglobe who must remain anonymous, especially inoppressive regimes. But the implications are serious.As the robocalls scandal makes clear, ICTs arenot a panacea for transparency and accountability– just as activists and watchdogs have been empoweredto monitor and safeguard the electoralprocess, others have been similarly empowered toabuse it.Robotic call centres allow individuals to orchestratemassive campaigns without the need forvolunteers or phone banks, and companies likeRack Nine provide easy-to-use, affordable servicesto thousands of organisations worldwide. For a trivialamount of money, it is now possible to reach (andmisinform) an audience of thousands in the time ittakes to cook a hardboiled egg.As this case shows it is not only possible to swayan election – it is easy and affordable. Worse, it seemsit may even be possible to get away with it.Unless the perpetrators can be caught – whichat this point seems unlikely – or effective safeguardscan be introduced, we are likely to see moreof this kind of fraud in the future. The robocallscase could be easily replicated in any country, andas the investigation has shown, it is extraordinarilydifficult to catch someone determined to remainanonymous. In light of this, the recommendationsin this report will focus on strategies for preventionand mitigation.Action stepsWhile it may not be possible to catch clever fraudsters,there are measures that can be implementedto immunise the public from similar crimes in thefuture. As Elections Canada gears itself up for anotherelection, it will also need to consider theadditional risks and challenges associated withelectronic voting and modify policies and proceduresaccordingly.Automated call services like RackNine should beclosely regulated. The goal is not to make these companiesliable for the content of their customers’ calls,as this would constitute an unwarranted invasion ofprivacy, but to require due diligence when registeringnew users. “Instant access” (offered by most) shouldnot be an option: those wishing to access these servicesshould have to register using their real names,and this information should be verified. Registrationunder obvious pseudonyms like “Pierre Poutine”should be forbidden. Companies should also limitthe use of prepaid credit cards (which are virtuallyuntraceable) for these kinds of services.As for Elections Canada, the organisationshould distribute pamphlets with every voter cardand checklists detailing the election process andwhat Elections Canada does and does not do. Theyshould warn against the possibility of this kind offraud and urge citizens to disregard suspicious ormisleading phone calls.Each voter card could also include a unique IDnumber known only by the individual and ElectionsCanada. Fraudsters would have to know the address,phone number and ID (which should remainprivate) of each voter they intended to dupe.Finally, political parties should be required toimplement stronger security measures for theirvoter databases. These databases should be confidentialand full access available only to a select andtrusted few. Local campaigns should be subject torandom audits to ensure compliance, and access totheir data (that is, private citizens’ data) should bemonitored and logged. In this way, should a partylist be used to commit fraud in the future, the list ofsuspects will be short.Parties (or local campaigns) that fail to complywith minimum security standards should becensured with limited access to voter lists. Safeguardingvoters’ information (which political partiesare routinely entrusted with) should not be an afterthought,but rather should be seen as an imperative– and prerequisite – for elections campaigning.Officials may well be unable to catch the perpetratorsof this election fraud, or prevent others fromemulating them in future elections. However, withthe proper safeguards in place, it will be possible tolimit the scope and damage. nCANADA / 91

ChinaMicroblogs: CHINA’s PRECARIOUS PUBLIC SPHEREDanweiHudson Lockettwww.danwei.comIntroductionWith an estimated 300 million users, China’s weibomicroblogging services now serve as the country’sde facto mechanism for enforcing local governmentaccountability and increasing transparency. Thoughsubject to censorship like all media in China, the speedof microblogs and creative workarounds employed byusers to evade censors make the platform ideal forspreading breaking news and drawing attention to injustice,provided a story is sufficiently outrageous anddoes not implicate the central government.The biggest incident of 2011 was undoubtedlythe spread of images, information and outrage onChina’s weibo microblogs following the 23 July Wenzhouhigh-speed rail crash (see GISWatch 2011).But this was followed by a concerted governmentpush-back against weibo’s role as China’s most freewheelingpublic forum.The recent fall of Chongqing Communist Partysecretary and erstwhile aspirant to Party leadershipBo Xilai provides the best lens with which to inspecthow weibo continues to influence government transparencyand accountability in China. The scandal’scombustive mix of corruption, conspicuous excess,catchy meme and massive scope provided exactlythe kind of wave-making cannonball that officialshad hoped to prevent after Wenzhou, and in thelead-up to the Communist Party’s once-a-decadeleadership change in October.Policy and political backgroundThe official government report on the Wenzhoucrash released five months after the incident mayhave done little to regain public trust. The report fingeredlightning strikes as the cause of the incident,severely condemned the Railway Ministry and recommendedpunishment for 54 people. But it pinnedmost of the blame on the already disgraced previousrailway minister, his vice minister, and the deceasedCEO of the company hired as principal contractor forthe Wenzhou high-speed rail line.Long before the report saw daylight officialsbegan calling for real-name registration to tie everyweibo account to a government-issued identificationcard, ending user anonymity. In mid-DecemberBeijing authorities announced that all new usersof locally registered microblog companies, includingtop dog Sina, would have to register using theirreal names to create an account. Although outsidethis mandate’s scope, Sina’s Guangzhou-based rival,Tencent, soon followed suit. In early February, as thefirst hints of trouble in Chongqing were still emerging,the four largest weibo providers – Sina, Tencent,NetEase and Sohu – announced a 16 March deadlinefor existing users to register.The falling fortunes of Bo XilaiThe first hints of scandal appeared on 2 February2012 when the Chongqing city governmentannounced that famed police chief and vice-mayorWang Lijun had been shuffled to another position.It was a clear demotion for Wang, longtime righthandman to Chongqing Party secretary Bo Xilai.Since being put in charge of the municipality Bohad drawn plenty of attention for his “smash black”anti-gang and corruption campaign and a controversial“red culture” initiative in which Chongqingresidents were encouraged to belt out old tunespraising Mao Zedong and socialist values en masse.Along with heavy government involvement in localindustry and extensive government spending onsocial issues like affordable housing, Bo’s policiesdrew local praise both from citizens who felt left behindin China’s drive to capitalism, and from othermembers of the Party’s more conservative wing.Bo’s so-called “Chongqing model”, along with hisbona-fides as the son of Communist Party generalBo Yibo, led some China watchers to mark him fora spot among the next group to be chosen for thePolitburo’s all-powerful nine-member standing committeein October 2012.However, early on 8 February weibo users beganto post pictures of police officers surroundingthe US consulate in Chengdu, some speculatingthat Wang Lijun had fled there to escape Bo’s grasp.The next day Chongqing’s government published aweibo message claiming: “According to reports, becauseof long-term overwork, a state of anxiety andindisposition, Vice Mayor Wang Lijun has agreed toaccept vacation-style medical treatment.”The announcement did little to quell speculation,and “vacation-style medical treatment”( ) quickly became the year’s first major92 / Global Information Society Watch

Chinese-language meme. The post has since beenforwarded over 60,000 times on Sina Weibo and hasreceived over 22,000 comments.State news agency Xinhua confirmed on 9 Februarythat before leaving, Wang had spent more than aday in the consulate with Chinese security officers andhad been put under investigation. Later foreign presscoverage indicated the source of Wang and Bo’s fallingout may have been a report that Wang gave consulateofficials linking Bo’s wife, Gu Kailai, to the death bypoisoning (and subsequent cover-up) of British businessmanand Bo family confidant Neil Heywood.Word of Wang’s flight spread quickly on weibo and,censored only in fits and starts, cast doubt on Bo’s ascent.(Over the following months accounts surfaced inthe foreign press of Bo’s ruthlessness as ChongqingParty secretary, corruption in local government-sponsoredbusiness dealings and an extensive wiretappingproject used to spy on top Party officials – includingPresident Hu Jintao.) On 21 February searches onBaidu for the phrase “Bo Xilai tenders resignation”( ) began to be censored following weiborumours to that effect. Microbloggers continued todiscuss the issue by adopting code words. In a signof trouble for real-name registration, Sina chief executiveCharles Chao told The Wall Street Journal on 28February that more than 40% of new users had failedverification screenings. Chao warned that the registrationrequirement could hurt activity on Sina Weibo.Bo remained quiet in the lead-up to the nationallegislature’s annual Two Meetings, and was the onlymember of the 25-person Politburo absent on 8 March.The absence prompted a flurry of speculation that Bohad fallen from power and coincided with a peak inregistered post deletions on Sina Weibo according toan MIT study of microblog censorship 1 in China from28 January to 20 May. The next day Bo held a pressconference defending himself and accusing enemiesof “pouring filth” on him and his family. Days later PremierWen Jiabao used his annual press conference on14 March to call for political reform lest China repeata “historical tragedy” like the Cultural Revolution – aclear attack on Bo’s red revival.On 15 March, the day before the deadline for existingweibo users to register, state news agency Xinhuaannounced that Bo had been removed from his positionas Chongqing party chief. The news correlatedwith another spike in registered post deletions and,although the real-name registration deadline cameand went, many users found they could continue topost without registering or that Sina had suddenlyrecognised their accounts as fully registered. Thenon 18 March pictures of an early morning Ferrari crashin Beijing prompted speculation – and another spikein registered post deletions – that the driver killed inthe accident was the son of an important governmentofficial. (Recent coverage by The New York Timesindicates that the driver was the son of Hu Jintao’sprotege, Ling Jihua, who then hid the death from boththe public and the Party and in so doing may haveseriously damaged Hu’s influence on the Novemberselection of the Party’s incoming leadership.) 2The next day financial journalist Li Delin postedon Sina Weibo about a heavy security presence onChang’an Boulevard – the first in a series of weiboposts from that day which, after being re-tweetedand sometimes combined with completely unrelatedposts, set microblogs abuzz with rumours of asupposed coup attempt in Beijing by domestic securitychief Zhou Yongkang, a member of the PolitburoStanding Committee and ally of Bo.At first neither microblog companies nor the governmentseemed to clamp down on these rumours,but on 30 March Xinhua announced that authoritieshad closed 16 websites and detained six people for“fabricating and disseminating online rumours.”Later that evening the government announced a72-hour ban on using the “comment” function onSina and Tencent’s weibo services from 31 March to3 April. This meant that users could only responddirectly to other users or re-tweet posts (like Twitter)instead of commenting in easy-to-read threads.Xinhua also announced that Beijing police had arrestedover 1,000 people on suspicion of spreading“harmful” online messages as part of a nationwidecrackdown. Days later on 6 April authorities shutteredUtopia, a Maoist discussion forum and locusof vocal support for Bo. (The site had already beentaken down once following Bo’s dismissal.)On 10 April rumours again began to circulate online,this time claiming that Bo’s expulsion from theParty would be announced that night on CCTV. Statetelevision also featured pledges that day from Sina,Tencent and search engine giant Baidu supporting thegovernment’s efforts to crack down on online rumours.That evening Communist Party members posted ontheir weibo accounts about summons to attend urgentParty meetings at 9:00 p.m., and at 11:00 p.m. Xinhuaand CCTV announced that Bo had been dismissed fromthe Communist Party and his wife, Gu Kailai, detainedas a suspect in the murder of Heywood.In compliance with ongoing censorship of Bo andGu’s names, Sina initially censored Xinhua’s weibopost announcing Bo’s ouster. The two were joinedthat night on the censorship whitelist by their son, BoGuagua. The youngest Bo’s high-profile lifestyle as a1 www.niemanlab.org/2012/05/reverse-engineering-chinesecensorship-when-and-why-are-controversial-tweets-deleted2 www.nytimes.com/2012/12/05/world/asia/how-crash-cover-upaltered-chinas-succession.html?pagewanted=all&_r=1&CHINA / 93

hard-partying student at Oxford and then at Harvardhad become emblematic of the privilege afforded tothe children of central Party elites following a NovemberWall Street Journal story on China’s “princelings”.The story claimed (incorrectly) that in early 2011Guagua had picked up the daughter of then-US ambassadorJohn Huntsman for a night out in a red Ferrari.In the days following Bo’s dismissal anti-rumourrhetoric reached a fever pitch: a Xinhua editorialreferred explicitly to the March coup rumours and announcedthat over 1,000 suspects had been arrestedsince February for spreading rumours online. Adding tothe commotion was the unexplained temporary loss ofaccess on 12 April to all foreign websites from the mainland.Later that month Sina admitted in an SEC filingthat it had not fully complied with real-name registrationrequirements. Later scandals, including the flightof blind lawyer Chen Guangcheng to the US Embassyin Beijing, also saw extensive censorship. Finally, on29 May, Sina Weibo rolled out new “user contracts” tolaunch a system in which points are subtracted whenevera user posts rumours or sensitive content.The Bo Xilai scandal contained the elements fromprevious stories that had elevated those incidents tolong-term infamy among both weibo users and lessnet-savvy citizens: it featured extensive corruptionand flagrant abuse of power by privileged elites, andcracked the façade of a much-vaunted China successstory – in this case, Bo’s so-called “Chongqing model”of development. The Bo scandal managed to outstripthe Wenzhou crash in terms of size and scope on weibo.Unlike Wenzhou, the government more carefullymanaged discussion on weibo through extensive keywordfiltering and post deletion and did not allow fora short free-for-all period of coverage by traditionalmedia as was seen in July of 2011.Bo’s position as a political heir-apparent in the greyarea between local and central government provides aglimpse at the hard limits on how much influence thepublic can hope to exert through the medium of theinternet. When the Party’s interests outweigh the public’s,the latter seems bound to lose. The three-day banon comments for Sina and Tencent’s weibo platformsserved as a clear reminder to the companies, users andthe public at large of exactly who is in charge.ConclusionThe level of public influence exerted through China’smicroblogs on the handling of the Bo Xilai scandal isunprecedented. The Chongqing government’s attemptsat glossing over Wang’s escape to the US consulatequickly became a laughingstock online, with netizens’suspicions soon officially confirmed by Xinhua.However, in the absence of official informationfrom the government and facing extensive censorship,netizens were forced to rely on rumours and codewords to learn anything at all as the scandal continuedto unfold behind closed doors. Most information onthe “coup” was pure fiction, meaning the government’slack of transparency in handling the Bo case actuallyprovided kindling for the rumours it supposedly soughtto snuff out with a real-name policy. These rumoursin turn served as additional justification for furthergovernment regulation of microblogs in the name ofpreventing the spread of “harmful” information.Beyond the initial three-day ban on comments forSina and Tencent it remains unclear which censorshipmeasures were carried out on government orders andwhich originated at the company level as self-preservationmeasures. The instance of Sina censoringXinhua’s weibo announcement of Bo’s ouster standsout as an example of confusion in the ranks, whileSina’s new points-based regulation of microblog contentmay well have been a completely in-companyresponse to government demands.The early uneven effort to clamp down on weibodiscussion of the Bo scandal may also indicate thathe was left to hang by Party rivals uneasy with hispopulist brand of self-promotion. This highlights thepotential of weibo as a political tool rather than asa consistently effective mechanism for enforcing accountability.Still, Bo’s connections to the Party eliteand his proximity to a seat on the Politburo StandingCommittee also meant that uncensored online discussioncould not go on forever.Action stepsThe following key points are instructive when evaluatingthe potential spread of information on sensitiveevents in China’s current microblog environment:• When an issue approaches the grey area betweencentral and local governments, as withBo Xilai, an initial period of light or limited censorshipmay be possible if deemed politicallyexpedient by the former.• A lack of transparency in how the governmenthandles unfolding scandals in China can providefurther justification for a crackdown on free speechas specious online rumours become the only newssource for information-hungry citizens.• How companies like Sina and Tencent handlegovernment demands for content regulationwill have lasting influence on the role of microblogsas tools for enforcing transparency andaccountability at the local levels. Special attentionshould be paid to the actual effects of Sina’spoints-based content regulation system.• China’s weibo platforms can expect to see furtherregulation in the wake of the Bo Xilai scandal anda continued increase in censorship as the October2012 leadership transfer approaches. n94 / Global Information Society Watch

ColombiaThe use of ICTs to INCREASE TRANSPARENCY IN COLOMBIAColnodoAriel Barbosawww.colnodo.apc.orgIntroductionColombia has made significant progress in the implementationof its e‐government strategy in the lastyears. In fact, in the United Nations E‐GovernmentSurvey for 2012, 1 Colombia came second in LatinAmerica and the Caribbean and 43rd in the world.This progress was in part due to the e‐governmentstrategy implemented by the Ministry of Informationand Communication Technologies, which aimsto contribute to a more efficient, transparent andparticipatory state, providing better services toits citizens and businesses by making the most ofICTs. 2 This strategy is one of the programmes of theICT National Plan and a guiding principle for Law1341 of 2009, also known as the ICT Law.Policy and legislative backgroundDecree 1151 of 2008 and the Manual for the Implementationof the E‐Government Strategy 3established the procedures that national and regionalgovernmental institutions should follow tocomplete the phases of the e‐government roll-out:• Information phase: In this phase institutionshad to provide information on their main areasof activity.• Interaction phase: In this phase institutions beganto interact with the public and businessesby providing access to their databases and tocivil servants.• Transaction phase: In this phase products andservices can be obtained through electronictransactions.• Transformation phase: In this phase changesare made to provide services according to theneeds of the population by offering a single virtualspace for all official paperwork using thegovernmental intranet.• Democracy phase: In this phase citizens are invitedto participate actively in decision makingand in designing and evaluating public policies.Internet for accountability projectColnodo, as a civil society organisation, has beeninvolved in the e‐government strategy since 2002,starting with the Internet for Accountability Project.This project was a joint initiative with TransparencyColombia 4 and with the support of the U.S. Agencyfor International Development (USAID). 5 Its maingoal was to design, test and scale up different waysto strengthen the country’s local government integrationwith the active involvement of mayors andcivil society. The project had three central aspects:the transparent handling of public information onthe internet; the social accountability of mayors;and the development of municipal plans for thepublication of municipal information on the internetusing free and open source software (FOSS).The project started as a pilot project in themunicipality of Paipa 6 (26,000 citizens) with thedevelopment of a web page, designed with the participationof local civil servants and grassroots andsocial organisations working in the municipalityand interested in being observers of the local governmentadministration. The platform developed(which improved the information, interaction andtransaction phases) was donated by TransparencyColombia and Colnodo to the national governmentthrough the Vice-Presidency of the PresidentialOffice. The tool was evaluated and improved bythe Connectivity Agenda (now the E‐GovernmentProgramme of Colombia) run by the Ministry of Informationand Communication Technologies. By theend of 2005, the E‐Government Programme decidedto roll it out to all the Colombian municipalitieswhich had been connected to the internet throughthe governmental programme Compartel.Two initiatives were integrated into the projectresulting in important improvements: Met@logo,which provides information to entrepreneurs, andthe Millennium Development Goals module, whichallows the tracking of progress in the municipalities.1 www.unpan.org/e-government2 www.programa.gobiernoenlinea.gov.co/componentes.shtml3 programa.gobiernoenlinea.gov.co/apc-aa-files/Presentaciones/Manual_GEL_V3_0__VF.pdf4 The Colombian chapter of Transparency International. www.transparenciacolombia.org.co5 www.usaid.gov6 www.paipa-boyaca.gov.coCOLOMBIA / 95

This module was led by the United Nations. Theseinitiatives had the support of the German technicalcooperation agency GIZ in Colombia 7 and the Federationof Colombian Municipalities. 8 During thisprocess contributions from donors for the developmentof the software were around USD 194,000 9and the investment by the Ministry of Informationand Communication Technologies was around USD42,000.Presently, 1,130 municipalities have the systeminstalled and are publishing information, representingmore than 99% of the municipalities in Colombia;628 are in the information and interaction phases.The system is also used by some departmentsand governmental agencies in the country. Sincethe roll-out of the municipalities’ websites began(at the end of 2005) there has been a continuousgrowth of unique visits to the websites, with a totalmonthly average of 8,204,194 visits. 10 This growth isexpected to continue given the increased access tothe internet in Colombia. 11Website ownershipThe development of the Internet Platform for Accountabilityinvolved the municipal administrations,public oversight committees and the citizens themselves.Because of this, there was broad support forthe initiative. This acceptance played an importantrole when the platform was rolled out at a nationallevel – in particular, because the municipalitiesfound it a useful tool that met their expectations,making it easier for them to “own” it.The participation of civil society organisationshas also been facilitated by the use of FOSS. FOSShas made it possible to develop the platform andadapt the new sections and functionalities accordingto the needs of municipalities and citizens as wellas to the phases of the e‐government guidelines.Follow-up consultations show that municipalitieshave reached a satisfactory level of acceptance7 www.giz.de/en/worldwide/397.html8 www.fcm.org.co9 This amount only includes the investment in the development ofthe system. It does not include other investment such as trainingand follow-up of the updating of information, among others.10 programa.gobiernoenlinea.gov.co/apc-aa-files/ProgramaenCifrasDiciembre2011/GEL_ProgramaEnCifras_Diciembre2011.htm11 According to the Ministry of Information and CommunicationTechnologies quarterly report for first quarter of 2012, the numberof subscribers to fixed and mobile internet service grew by 5.3%over the previous quarter, and by 27.9% in comparison with thefirst quarter of the previous year, from 5.05 million to 6.46 millioninternet subscriptions (www.mintic.gov.co/images/documentos/cifras_del_sector/boletin_banda_ancha_vive_digital_1t_2012.pdf). Municipalities are connected through the ministry’sCompartel programme, which connects the smallest municipalitiesin the country as part of the e‐government strategy.and ownership of the websites. Questions relatedto usage and participation by the community showoverall percentages higher than 60% in areas suchas training received on using the websites; knowledgeof its tools that can be used for participation;and the follow-up of user requests. However, theactual use of the existing opportunities for participationis very low (29%). This percentage showsthe importance of evaluating why the communityis not using these opportunities offered on the municipalities’websites. Increasing this percentageof participation by the community will improve thee‐government transparency indicator.Spectrum in ColombiaLike many government agencies in Colombia,the National Spectrum Agency (ANE in Spanish)conducts regular exercises in accountability, presentinginformation on its budget, management,programmes and projects for the future. In the caseof the ANE, it is notorious for the low participationof civil society organisations, in part because of thecomplexity of the spectrum issue, which is usuallytoo technical for a general audience. Moreover, civilsociety organisations are not aware of the opportunitiesor of the risks of not participating activelyin spectrum management and of leaving decisionsand discussions in the hands of the state and theprivate sector.In this regard, Colnodo participated in researchled by the Association for Progressive Communications(APC). This research exposed the lack ofknowledge on the subject amongst the general publicand the low participation of other sectors such asuniversities or engineering associations.Because of this situation, in August 2012, Colnodoand APC developed an online course on thebasics of radio spectrum, what its managementmeans in Colombia, and what the opportunities forparticipation enabled by the government are. Thecourse joins another initiative of the ANE called“Spectrum Experts”, which also seeks to sensitisethe general public (journalists, students, civic associations,etc.) to the same issues, especially nowthat the auction of new spectrum ranges will permithigh-speed access for mobile internet.Given the wide coverage of the mobile networkin Colombia and access to the internet through thedata network, the state should encourage the use ofthe internet by reducing access costs. This was thecase in the 1990s, when internet access providersprovided their services through the packet-switchednetwork, and had to lower their tariffs in order toencourage the use of the internet by the population.If Colombia continues implementing these policies96 / Global Information Society Watch

and placing special emphasis on the delivery of ICTservices to the rural population, there is no doubtthat Colombia will continue to lead the region ine‐government policies.Web accessibilityWeb accessibility refers to the design of informationsystems that facilitate internet access to as manypeople as possible, regardless of their physicalcondition (people with visual, hearing or cognitivedisabilities), level of technological access (old computers,operating systems or programmes whichare not the latest on the market) or internet access(lower connection speed, connection from mobiledevices, and so on). For this reason, the conceptof web accessibility becomes crucial to ensure thatall Colombians have unrestricted access to the contentand services offered by the Colombian statethrough its online government strategy.Since 2010 several government agencies thatwork with people with disabilities, together withuniversities, individuals and Colnodo, have beenworking on the creation of the Web AccessibilityCommittee of Colombia. One of its first tasks wasto adapt the W3C Web Content Accessibility Guidelinesto create the Colombia Technical Standard onWeb Accessibility, 12 which is part of the new onlinegovernment strategy in Colombia.However, work still needs to be done in order toensure the ongoing effectiveness of the e‐governmentprogramme.When it comes to spectrum, it is really importantto involve citizens in the management of this vitalresource. This could involve inviting journalists,high school students, civil society organisationsand academics to increase their knowledge throughonline courses such as the one proposed by APC 13and also by joining the ANE strategy “SpectrumExperts”, 14 whose purpose is to train people onspectrum issues.When it comes to accessibility, it is importantnot only to train but to sensitise public employeesabout the issues involved, because many ofthem have to deal with it outside of their normalresponsibilities, sometimes without a complete understandingof what accessibility means and whatits purpose and benefits are (for example, there isa myth that accessibility in the public sector is justabout people with disabilities).Finally, an update of the web platforms so that theycan be accessed using mobile devices is needed. nAction stepsThe e-government strategy in Colombia includesmuch broader concepts than the provision of informationand services to citizens using ICTs, andis closer to the concept of governance as the organisationof collective action. This involves ideasthat justify or legitimise political power, stable institutionsthat are open to the influence of citizens,and patterns of incentives and sanctions to ensurecompliance with rules, regulations, standardsand procedures. It also involves the use of ICTs bygovernment, civil society and other socio-politicalactors to promote and implement the transparent,accountable and collaborative steering of society.12 NTC 585413 autoformacion.colnodo.apc.org14 www.ane.gov.co/index.php/expertos-en-espectroCOLOMBIA / 97

Democratic Republic of CongoMobile censorship AND ELECTION FRAUDSi Jeunesse Savait (SJS)Françoise Mukukuwww.mwasi.comIntroductionOn the morning of 3 December 2011, just after theelectoral commission started to announce the provisionalresults of both the presidential and legislativeelections held a week before on 28 November, Congolesemobile phone users woke up to bad news: noSMS text messages were getting through.When Facebook users started posting aboutthe issue, there were many people who couldnot believe it, given that mobile text messagessent from outside the country were still being received.However, this was only until they receivedan official SMS message from their various mobileservice providers, backed up by media stories stating:“By order of the government, SMS service issuspended until further notice.” This status quolasted for three weeks.Policy contextThe 2005 Constitution of the Democratic Republicof Congo (DRC), as amended in January 2011,guarantees freedom of expression and the rightto information among the fundamental freedoms.However, the freedom of the press and the freedomto transmit information by radio and television,newspapers or any other means of communicationare subject to the requirements of public order,good morals and the rights of others.Law No. 06/006 of 9 March 2006 as amendedin 2011, on the organisation of presidential, parliamentary,provincial, urban, municipal and localelections, provides for the functions of the NationalElectoral Commission and guarantees independent,impartial and transparent elections.While the electoral law states that allegationsof fraud need to be backed up by proof andbrought before the courts, it is expensive to haveobservers in each of the more than 50,000 pollingoffices who can countersign affidavits that serveas proof of alleged fraud. In addition, these needto be taken back to Kinshasa (sometimes over3,000 kilometres away) where the electoral courtis seated.Censorship and rumours undermineimportant electionThe DRC, potentially a rich country, remains one ofthe poorest countries in the world. Corruption andarmed conflicts have delayed the development ofinfrastructure and have complicated access for themajority of the population to basic services. Conflicthas also impacted negatively on the protection andpromotion of people’s fundamental rights.The economy has been in free fall since the early1990s. Mainly agricultural and artisan based, it stillfails to satisfy local demand for growth. Minerals, thesadly famous face of the DRC, became the battlefieldof international companies and are stigmatised as oneof the causes of conflict in the east of the country.In 1997, after nearly 40 years of dictatorship andunchallenged reign, President Mobutu was overthrownby a rebellion led by Laurent Kabila, alsoknown as the “Mzee”. When Kabila was murdered in2001, his son Joseph Kabila took power and organised,after several postponements, the first free, democraticand transparent elections in the country for over 40years. Despite a Catholic priest chairing the IndependentElectoral Commission, as a pledge of neutralityand the equitable representation of the main politicalforces of the nation, the outcome of these electionswere not satisfactory to all political parties at play.The next election, to be held in 2011, was thereforean opportunity for an alternative to be created.But in January 2011, only several months before theelections, the constitution was revised and amendedeight times. Among the changes was that thepresident would now be elected by simple majority,rather than an absolute majority.SMS service had been suspended as a measure toensure order and security as well as to prevent peoplefrom sharing election results before the officialannouncement by the Independent Electoral Commission.According to Adolphe Lumamu, the deputyminister in charge of internal affairs who spoke on amajor radio station the same day: “Since the holdingof presidential and legislative elections, SMS textmessages encouraging people to violence or offeringfalse partial results of the elections have been sent tomobile phones by unidentified people who want tocreate fear and disorder in this election period.”But the suspension of SMS service, an affordablemeans of communication for the majority of98 / Global Information Society Watch

social movements and political forces, powered rumoursabout electoral fraud. To circumvent this, thepublic, who noticed that text messages sent fromabroad were still being received, bought SIM cardsfor neighbouring countries (MTN Rwanda for thoseliving in Goma or Bukavu in the eastern DRC; Airtelfrom the neighbouring Republic of Congo for Kinshasainhabitants). A number of people, althoughfew, also used Skype services to continue to reachtheir target audience and to share the electoral resultswith their respective constituencies.If the suspension of SMS service during the postelectoralperiod in the DRC was intended to keep publicorder and to thwart the efforts of troublemakers bypreventing the premature sharing of results that hadnot been verified, or were simply false, it did not work.The move did not prevent the hacking of the electoralcommission website, providing the public with falseresults for three days, or violence associated with theelections among the Congolese diaspora in South Africa,Belgium, the United Kingdom and France.The suspension of SMS service merely showedthat there were other ways of communicating the samefalse information, for instance, using social networks,or using SIM cards from neighbouring countries. Asmentioned, far from being a solution, the suspensionof service only fed suspicion of electoral fraud.In a country doomed by violence, many peopleraised their voices to ask for an end to the ban. TheDRC chapter of the International Federation for HumanRights warned that the ban could cost human lives inisolated regions with poor mobile phone reception,as emergency services could only be alerted to rebelattacks via text message. Mr. Kisangala, a religiousminister for a deaf community in the capital Kinshasa,remembered: “It was very hard to communicate. Allour communications used to go through SMS messages.”The pastor in charge of a cultural centre added:“Our members were scattered across the city, somewere ill in hospital, others were dying. Without communicationwe didn’t even know about it. Few of themhave been coming here; whereas with text messages,many used to come to church here on a Sunday. Whenshooting started in the city I wanted to contact thosewho were sleeping at our cultural centre and tell themnot to go out. I tried to contact them but messagesdidn’t go through. Then I remembered text messaginghad been suspended. It was very disturbing.”For Stephanie Mwamba, a women’s rights activisttaking part in an anti-violence campaign at the timeof the ban: “The government decision to ban textmessaging was particularly troubling during the globalcampaign of 16 Days of Activism Against ViolenceAgainst Women [held each year from 25 Novemberto 10 December]. Both internet and SMS services arecrucial to women facing violence. We had to suspendour information service running on mobile technologyaimed at sharing vital information to womensurvivors of violence in the eastern Congo.”Mathieu Yengo, a businessman in the DRC,recalls how he had to pay three times more to maintainnormal communication between his vendorsand clients: “It was more than what we could afford….[W]e were thinking of how to close some ofthe businesses and send the vendors home until wefigured out what to do next. We couldn’t afford toexpand our communication budget. And as if it wasnot enough, the SMS companies were the only onescontinuing to earn money by sending thousands ofSMSes to promote their products.”For Fernandez Murhola, executive secretary of RE-NADHOC, a human rights organisation, text messagingis an indispensable tool for the safety of citizens. Suspendingit, even temporarily, is a “serious threat”.This time at least, the government was thoughtfulenough to officially inform people: five years ago, in2005, when the country was holding its first free andtransparent general elections after more than 40 yearsof dictatorship, it did not confirm rumours of a suspensionof SMS service. Nevertheless, the negativeimpact on the rights of freedom of expression shouldnot be underestimated, and – equally important – thesuspension of SMS service fuelled fears of corruptionthat undermined the spirit of the elections. Moreover,the private sector lost USD 150,000 per day during thethree-week suspension of service.Action steps• Show the government that the suspension ofSMS service violates the fundamental rights ofCongolese citizens and particularly the right toinformation and freedom of expression as guaranteedby the constitution.• Show that there are technical means, allowedby the law, which allow mobile operators toprovide the authorities with user information ofpeople allegedly inciting people to hatred anddisorder, for legal action and prosecution.• Lobby the government, together with the privatesector that lost USD 150,000 per day during thethree-week suspension of service, so that thisdoes not happen again.• Propose to the Independent Electoral Commission,which by law guarantees the transparencyand impartiality of the electoral process, thata technological tool be developed to communicateelection results in real time at eachprovisional polling station. nDEMOCRATIC REPUBLIC OF CONGO / 99

Republic of CongoFighting the EPIDEMIC: THE NEED to INTEGRATE ICTsINTO STATE ACTIVITIESAZUR DéveloppementRomeo Mbengouwww.azurdev.orgIntroductionCorruption is a plague as old as the world, a phenomenonthat is extremely complex and whichaffects all societies. In the Republic of Congo, between2009 and 2011, several studies financed bythe World Bank were conducted by FTHM Internationaland Capsule at the request of the government.It was found that all Congolese administrationswere implicated in corruption.Two examples serve to illustrate this, bothinvolving the Ministry of Finance. In the first, governmentemployees, members of the armed forces andordinary citizens have been implicated in a scandalinvolving the inflation of government salaries.According to the permanent secretary of the NationalCommission for the Fight Against Corruption,Embezzlement and Fraud (CNLCCF): “Numerousgovernment employees and representatives ofthe armed forces as well as ordinary citizens haveconspired with certain persons in the Ministry of Financeto modify the specific employee files, givingsome people multiple identities and identificationnumbers so that they could thereby receive multiplesalaries each month.” 1In the second, a construction company wontwo public bids for the renovation of the offices ofa public institution as well as the construction of ameeting hall for the institution. The total cost was257,746,000 CFA francs (USD 572,768). When only75% of the work was completed, it was discoveredthat the construction company had paid a sizablebribe – 24 million francs (USD 53,333) – to the companythat had requested the work.Faced with this epidemic, multiple actions havebeen taken to eradicate corruption, the largest ofwhich was the establishment, in 2007, of the CNL-CCF and the Anti-Corruption Watchdog Group.At the very least, the work of these two institutionsmust be reinforced. This would requirenot only the support of the entirety of Congolese1 Commission Nationale de Lutte contre la Corruption, la concussionet la fraude (2011) Press release, 15 October.society – politicians, agencies, public and privateadministrations, the public, media outlets and individuals– but also the development of the means toaccomplish this.It is generally agreed that technology and theinternet can be employed to maintain transparencyand fiscal responsibility and are, because of this,important tools in the struggle against corruption– even if those very same tools are, unfortunately,also used to facilitate the same activities they mayalso prevent.Political and legislative contextin the fight against corruptionThe system of legislation and regulation relating tothe fight against corruption has been established byseveral laws. First, Law No. 5-2009 (22 September2009) comprised measures on corruption, embezzlement,fraud and other related activities; second, LawNo. 16-2007 (19 September 2007) created a nationalanti-corruption watchdog group; third, Law No. 13-2005 (14 September 2005) authorised the approvalof the United Nations Convention Against Corruption;and finally, Law No. 14-2005 (14 September 2005)authorised the ratification of the African Union Conventionon Preventing and Combating Corruption.Related to this, several national decrees wereissued: first, No. 2007-155 (13 February 2007) reorganisedthe CNLCCF; second, No. 2009-235 (13 August2009) approved a plan of action against corruption,embezzlement and fraud as well as for the improvementof governance in the Republic of Congo.Of particular significance in this framework is thedefinition of the term “corruption”. Article 2 of thepreviously mentioned Law No. 5-2009 states that“corruption, embezzlement and fraud are unlawfulacts by people in positions both public and private…[involving the] violation of procedures resulting fromtheir positions as public agents, private employees,or independent actors, or the receipt of unlawfulbenefits for themselves or for others.” The same lawmandates penalties corresponding to these actions.In addition, the CNLCCF carries out the government’spolicies through the initiation ofinvestigations and the interrogation of suspectedoffenders.However, one large drawback to this frameworkis that it does not provide for the creation of100 / Global Information Society Watch

an infrastructure to support the work that has to bedone. It is here that we ask how technology mightbe used to fill the gap.The use of technology and the internetin the struggle against corruptionCurrently, at the government level, there are severalinitiatives in place that work against corruptionusing information and communications technologies(ICTs). For example, a tracking programme isbeing developed for better data keeping and evaluationwhen it comes to the management of forestresources. This benefits the management of exportingproducts legally, as well as clamping down onunlawful activities in the sector.The CNLCCF, the government’s technical arm inthe implementation of anti-corruption policies, isrolling out a campaign to raise awareness in thecountry. The internet is being used to share varioustypes of information related to corruption, notablythe judicial tools that are available, the nationalanti-corruption plan, as well as significant advancesin the fight against corruption. 2There is also a project to create a website forthe CNLCCF to facilitate the publication of all thecommission’s activities, investigations and fiscal/customs reports.As for the public, there are several websitesavailable to learn about corruption in the Republic ofCongo. Numerous articles have been published onthe internet on corruption. There is also a move – inpartnership with the Comptoir Juridique Junior – tocreate another site, which will include a discussiongroup, and an electronic newsletter, to better communicatesuccesses and difficulties in the struggleagainst corruption.In February 2003, a group of watchdog organisationscalled on the Congolese government tobe more transparent, as a necessary step towardsthe development of the country. Shortly after this,in September of that same year, the Publish WhatYou Pay campaign was launched. As a first step, butmainly to meet International Monetary Fund (IMF)requirements, the Republic of Congo announcedin June 2004 its intention to join the Extractive IndustriesTransparency Initiative (EITI). Since then,several reports including reports on oil revenueshave been published on the EITI site. 3 While thisrepresented a step towards greater transparency ofpublic information, public communication on thismechanism should be strengthened.2 This information can be found principally at www.congo-site.organd, to a lesser extent, at www.itiecongo.org3 www.itie-congo.netAction stepsCorruption affects all administrations and agenciesin the Republic of Congo and it is clear that ICTs havenot been adequately integrated in the fight againstthe epidemic. It is evident, nonetheless, that the governmentwishes at least in part to control corruption,as indicated by the creation of relevant institutionsand a corresponding judicial framework.To achieve the desired results in the fight againstcorruption, ICTs need to be thoroughly integratedinto all administrations and agencies in the country.To that end, certain measures should be takenby Congolese society, as well as by the governmentand international organisations:The public• Public organisations need to work to create anetwork of individuals and other organisationsto prevent corruption and reform systems.• The public must be made aware of the evils ofcorruption so that they can identify and reinforcelegal/political systems for reform.• Constructive dialogue must be established betweenthe government and the public so thatproposed measures can be adopted to fightcorruption.• ICT tools and resources must be demanded fromthe government and other national organisationsin order to empower the public in the fightagainst corruption.The government• Pilot ICT projects must be developed in the followingareas: tax collection, public markets, andthe maintenance of property registers. This willhelp to increase the efficiency and transparencyof financial transactions and public services.• An electronic monitoring system must be putin place in which cases of corruption can beregistered in order to facilitate the analysis ofcorruption cases.• A network of websites should be created to offerinformation on corruption and on fighting corruptionin each government agency, so that thepublic can understand the issues at stake andthe relevant procedures to follow should corruptionbe uncovered.International partners• It is vital that the public and the media worktogether to nurture a culture of transparencyand accountability in the country. These effortsshould be supported by internationalpartners. nREPUBLIC OF CONGO / 101

Costa RICA“Don’t PLAY with OUR HEALTH”: USING ICTs to COMBAT CORRUPTIONCooperativa Sulá BatsúKemly Camachowww.sulabatsu.comIntroductionChoosing a single case to talk about corruption inCosta Rica in 2012 is a complex task because, unfortunately,during this period, there have beennumerous cases of apparent corruption that haveinvolved dismissals, lawsuits and citizen action.Despite this, the government sector provides littleinformation supporting citizen participation in governanceand strengthening its accountability.Among many examples, for this GISWatch 2012we are going to present the case of the Social SecurityPublic Health Institution (CCSS), popularlyknown as “La Caja”. For 70 years, the CCSS representedan essential way of ensuring that publichealth in this country remained a human right. It isa product of the “solidarity” state model, which isitself a result of the struggle for social guaranteesin the 1940s. It is the primary reason for an improvementin health indicators in Costa Rica, and La Cajahas become an example of universal health care.The public institution has a prevention-orientedapproach, which has ensured significant progressin the eradication and early treatment of diseasesamongst the Costa Rican population.Corruption in the health sectorAs we know, the health business is very lucrative,and a people-orientated health model is against theinterests of large international corporations and localeconomic and political sectors who have interestsin making money in the health sector in Costa Rica.Because of this, public health in Costa Rica faces amajor contradiction between the financial interestsof the dominant sectors and the original CCSS modelholding health as a universal human right.There is much evidence of corruption resultingfrom this contradiction, as well as many other issuesthat have arisen: bad management, the use of publicinfrastructure for private services, the surchargepayment of overtime by doctors, the poor qualitywork of some administrative employees, a lack oftransparency in the procurement of products andservices (especially drugs), the waste of resourcesand equipment, and the misuse of drugs by addictedpatients are just a few examples of the great difficultiesthat undermine the good work of La Caja.As a people-centred model, one of the mainsources of income for the CCSS is through taxingthe economically active population, companiesand institutions. All employees make a percentagecontribution of their income, ensuring that a higherincome makes a higher contribution. It is a good wayto guarantee that the health service is equitable forall people, independently of the economic contributionof each individual. Similarly, companies andinstitutions must make a percentage contributionbased on their payroll.One of the crucial requirements for the financialhealth of the CCSS is the successful collection ofthese contributions. Generally, companies raise themoney through payroll deductions for the workers’contributions. They then add their own contributionand deposit the monthly fee into the health system.However, at the time of writing this article, severalcompanies and public institutions owed a totalof CRC 160 billion (USD 320 million) to the CCSS.These are acts of high corruption for many reasons:• Often companies have already deducted theappropriate amount from their employees’ salaries,but have not transferred the money to theCCSS.• Although workers have made a personal contribution,they cannot access the health servicesoffered by the CCSS because their employershave not paid what is owed by them.• Companies use different mechanisms to avoidmaking the payments due, such as fakingbankruptcy and creating parallel companies.In addition:• The CCSS is not efficient when it comes to collectingmoney owed to it.• The CCSS does not inform workers that theiremployers are not making their contributions.• Many of these companies belong to the mostpowerful economic groups in the country.• There is no public information available to citizenson this issue.102 / Global Information Society Watch

The case of Don RobertoDon Roberto Mora, a Costa Rican citizen, just over60 years old, is determined to monitor these formsof corruption and keep the public informed aboutthe companies and institutions that evade socialsecurity payments. Don Roberto is not a CCSS employee;however, his constant and active work overthe past 11 years has made a significant difference.“If we lose the Social Security Fund, we lose ourdemocracy,” he says, expressing the feelings of themajority of the Costa Rican population. And informationand communications technologies (ICTs)have been the fundamental tools that have transformedhis solo work into an important fight againstcorruption.One day, Don Roberto realised that although hissocial security contributions were being deductedfrom his salary, his employers were not passingthem on to La Caja; instead they kept his moneyand the money of one of his fellow employees. As aresult, neither he nor his family could use the publichealth services. This situation motivated him tofight against the corruption until today.The CCSS’s debtors list was originally onlyavailable if a person went and asked for it in person.Eleven years ago, Don Roberto would consultthese lists and write up what he discovered in documentsthat he personally distributed to legislators,government ministers and the president’s office. Herealised this process was not very effective.However, he was determined to continue. Withthe support of his youngest child, Don Robertolearned how to use a blog and created his owncalled “The CCSS Collector”. 1 He began to usedigital technologies and, in doing so, created a substantialqualitative change in his efforts at fightingcorruption.Don Roberto has become an expert in usingICTs for in-depth studies of companies that are notpaying their dues. Every two months he collects theinformation about debtors. He then does onlineresearch using public information which is not necessarilyavailable to the public in a quick, easy andtimely way.For example, he does assessments of markettrends and historical analyses, maps relationshipsamong debtors, and investigates cover-ups and theuse of joint liability. In this way he not only analysesa company, but also follows the owners’ activities,discovering that often a debtor in one companyhas other business-related debts. For example, ithas been found that many employers who do notpay social security contributions, leaving theirworkers unprotected, do the same in several othercompanies.Don Roberto is very careful, and offers comprehensive,rigorous and well-referenced research inorder to defend himself from prosecution. He alsodiscovers when a company goes bankrupt, disappears,then reappears later under another namewhen it has a large debt.The CCSS Collector is known in the country asthe person who is doing the work that the CCSSshould be doing. He understands that there is astrong interest in weakening the public institution– that economic interests can be satisfied if healthservices are privatised in Costa Rica.The companies which do not fulfil their obligationsto the CCSS belong to multinationals orhegemonic economic sectors in the country. Theywould prefer not to appear on Don Roberto’s blog.They know that if this happens, there is on the onehand a serious study supporting the complaint,and on the other a massive dissemination of theirirresponsible behaviour at all levels in the country.The very patient work that Don Roberto is doing hasalready recovered some CRC 22 billion (USD 44 million)owed to the CCSS.Don Roberto’s opinion is heard by a significantnumber of decision makers who use the informationon his blog to make political arguments in favourof the health institution. In turn, they contributeto requests for information and evidence from theCCCS Collector. Through his work, he has managedto get the list of defaulters distributed publicly, soall citizens can know whether or not the place wherethey work is fulfilling its obligations. His work hasalso contributed to the adoption of a procedurewhereby all public procurement must be supportedby proof that the bidder is up to date with its CCSSpayments.“Being indebted to the Fund is being indebtedto the Costa Rican people,” says Don Roberto. Hisblogs have inspired community protests outsidecompanies that have high levels of debt. For example,a group of citizens will protest with signs thatsay “This company owes X millions to the CCSS andwill not pay”. His work has also helped to removepeople who were not meeting their obligations frompublic posts.Don Roberto has been taken to court on severaloccasions, but has never been convicted. He hasalso been threatened numerous times. However, hestill prefers to sign all of his investigations and accusationsusing his own name.1 robertomorasalazar.ticoblogger.comCOSTA RICA / 103

Conclusions and action stepsAs mentioned earlier, the issue of revenue collectionis only one of the serious problems thatthreaten the public health system in Costa Rica. Butin this instance we have observed how the use ofICTs contributes to combating corruption. We havefound that:• ICTs are being used by an elderly person. This isinteresting because it is often argued that ICTsare best used by young people. The case demonstratesthat older adults also have the abilityto use these technologies effectively and withimpact. Activities should be developed to encouragethis potential.• ICTs are used for inter-generational exchange.The case demonstrates the importance of ICTsin facilitating the relationship between youngpeople and elderly people. Significant applicationscould be developed in this regard.• Blogs make effective tools for dissemination tothe public generally, as well as to powerful decisionmakers.• Successful advocacy depends on a combinationbetween online and offline activities. For example,a blog post backed up by some lobbyingin Congress or a protest outside a company ismore powerful than just a blog post, and viceversa.• One person, with the support of digital technologies,can really make a difference. The ICT viraleffect can generate a social movement. However,not all digital activity creates an impact. Inthis case, the effect is due to the seriousness ofthe documentation submitted and the consistencywith which the process has been carriedout over the past 11 years. The internet and socialmedia required dedicated commitment andwork to be successful as advocacy tools – thereis little “ready-mix” advocacy that leads to sustainableresults. n104 / Global Information Society Watch

Côte d’IvoireThe story of GUILLAUME KIGBAFORI SORO: HOWopen AND TRANSPARENT CAN CÔTE d’IVOIRE go with HIM?NNENNA.ORGNnenna Nwakanmawww.nnenna.orgCôte d’Ivoire, commonly known to English speakersas the Ivory Coast, is arguably the most thrivingFrench-speaking country in the western part of theAfrican continent. At least 26% of its 21 million inhabitantsare non-Ivorians, with a huge percentagefrom neighbouring countries of West Africa. Alsonotable is the large population of youth. In 1998,around 43% of the total population was under theage of 15 in comparison to only 4% considered aged.In 2012, it is estimated that the youth population isstill higher than in most countries on the continent.The country’s urban population is estimated at 49%and the literacy rate at 55%, one of the highest inthe region.The landing of broadband cables SAT3/SAFE,WACS and ACE and the effective inland cablingdone by national carriers have placed the citizensat a comfortable internet access rate, more comfortablethan other countries in West Africa. GLO-1is also adding to access speeds. In December 2011,the government granted 3G licences to three mobilephone operators in the country. The effective introductionof 3G access by mobile telecommunicationscompanies to the population has increased citizenaccess to the internet and its benefits at minimalcosts.The story of Côte d’Ivoire is closely linked toits presidents and leaders in general. Felix Houphouët-Boignywas its “Father of Independence”and also its longest-standing leader (in office for33 years). Though his leadership may have beenconsidered “authoritarian” by some and “paternal”by others, there is evidence that the countryenjoyed steady social, economic and peacefulgrowth in those years. Immediately after his death,Aimé Henri Konan Bédié, who was then the presidentof the National Assembly, took over, as wasconstitutionally determined. In 1999, there wasthe first military takeover of power. In a hectic electoralexercise, Laurent Gbagbo came to power in2000. At the time of this report, Gbagbo was beingtried for war crimes by the International CriminalCourt in The Hague. A new president, AllasaneDramane Ouattara, is the current leader. His electioncame after a strenuous electoral exercise inwhich one person played a key role: GuillaumeKigbafori Soro.Guillaume Soro I: Student union leaderFESCILittle is known about Guillaume until 1995 whenfellow students elected him to be the leader ofthe Fédération Estudiantine et Scolaire de Côted’Ivoire (FESCI), the Federation of Universityand High School Students. The political weightof FESCI may only be measured by the demographicstrength of the youth and school-goingpopulation. Such a choice, therefore, was of hugepolitical responsibility. Between 1995 and 1998,Guillaume led many student and youth demonstrations.Most of these were geared to studentdemands for better social amenities and educationinfrastructure.ZouglouZouglou is the authentic music of Côte d’Ivoire. It isborn of a philosophy – the student movement philosophyof the late 1990s. With more student andyouth claims on the government, and an increasinguse of force by government to quell such movements,the students turned to music. Zouglou wasborn. As a musical expression, it has become an importantarm of social activism. As a student leader,Guillaume took on “Boghota” as a nickname, certainlyin admiration of the fighters in Colombia. Andhe was regularly arrested due to clashes betweenstudents and the government.Guillaume Soro II: Freedom fighterForces NouvellesLittle was seen of “Boghota” until 2002. He cameback under rather strange circumstances – as theleader of an armed rebel group, the Forces Nouvelles(New Forces). Though the details have not been clear,what is evident is that the New Forces, a coalition ofthree rebel movements, occupied at least 50% of thecountry’s land mass and brought the Laurent Gbagbogovernment to a power-sharing deal.CÔTE D’IVOIRE / 105

A screen shot of Guillaume Kigbafori Soro’s personal website.National identityIf there was an issue that stood out as the reasonfor the rebellion, it was the national identity enigma.Because of the high percentage of immigrants in thenational population, the attribution of national identificationcards to citizens was an uphill task for thegovernment. At a certain point, individuals whosefamily names showed possible background links toneighbouring countries could not justify their citizenship.This denial of citizenship and correspondingsocial benefits became one of the issues that theGuillaume Soro-led rebellion took on as a cause.Guillaume Soro III: The ministerIn the shared government that resulted from the rebellion,Guillaume became an important actor in thepolicy landscape of the country. He was named theminister of communications, with the Radiodiffusionet Télévision Ivoirienne, the national broadcastingservice, under his direct authority. At this time hetook on the challenge of press freedom in the country,establishing two very important laws: 2004-643and 2004-644 of December 2004. These were tobe the new Press Code. A key article was Article68 which states, among other things, that “prisonterms are formally excluded for all press offences.”In a country that had seen several prison terms formedia professionals, this was indeed a great step inthe direction of media freedom.For the five years between 2003 and 2007,Guillaume held several ministerial posts in the“Government of Reconciliation” and rose up to bea minister of State.Guillaume Soro IV: The prime ministerFollowing a political agreement, Guillaume wasgiven the post of prime minister on 26 March 2007.GOUV.CIThe official government website was establishedwhile Guillaume was the prime minister and headof the government. This might well be consideredthe most important step towards transparency usingthe internet in the life of the nation. The portal,among other things, provides:• A one-stop shop for all of the government’s officialinformation• Minutes of the cabinet meetings• News that citizens ought to have• Up-to-date information on key governmentactivities• Links to all other government ministries andparastatals• A government contact form• An interactive work platform for officials106 / Global Information Society Watch

• GOUVLETTER – a personalised newsletter ofgovernment decisions and activities that citizensmay receive directly.During the period between the elections of 2010,the post-election crises and the effective take-off ofthe Allasane Dramane Ouattara leadership, GOUV.CI played a strategic role in giving unbiased informationto citizens and maintaining much-neededinformation services to the country.Guillaume Soro V: Prime minister, version IIIt is not clear why the new president decided to nominateGuillaume as prime minister again in 2011. Oneof the reasons may be the strategic role he played asthe incumbent prime minister and quasi-organiser ofthe disputed presidential elections that saw Ouattaracome to power. On 11 April, not only was he namedprime minister, he was also asked, as the head of thegovernment, to propose a cabinet to the new president.With the new government, Guillaume also tookon the mantle of minister of defence. At this time, heintroduced a governance tool that might well be consideredas the most powerful transparency tool ever:the Government Ethics Charter.The Ethics CharterAmong its ten articles, the charter dedicates two togood governance and public dialogue:Good governance: Each member of Governmentshall seek to cultivate excellence and promotethe practices of good governance in his/herministerial department and within the structuresplaced under his/her authority. The strictrespect of the laws of the Republic is a nationalinterest necessity on which depend both themoral trajectory of our country and its sustainableand integral development. In keeping withthe right to information of the sovereign people,each member of Government also pledges toaccount for the actions of his/her departmentwhose results shall be his/her responsibility.Public dialogue and availability: Each memberof Government shall dedicate himself/herself,as a priority, to the exercise of the missions thatconstitute his/her position and shall be whollyavailable to this effect. S/he shall, by the way,maintain a public dialogue… with social bodiesand other actors in the sector. 11 nnennaorg.blogspot.com/2011/08/cote-divoire-governmentethics-charter.htmlGuillaume Soro VI: The eGuillaume SoroSocial mediaWithout doubt, Guillaume has made significantuse of the internet during his leadership. He hasembraced social media for reasons that he himselfprovides in a blog post:Since I joined social networks, I have noticedtheir influence because I have a real andhandy interaction that allows me to get feedback.I mean, all types of feedback withoutexclusion or partiality. Feedback from therich, from the poor, from my adversaries, andcriticism from my friends. Feedback whichordinarily I could not have received throughtraditional means.Web toolsOn Facebook Guillaume’s personal account is alreadyfull and has subscribers in the thousands. Healso has an official page. This page has fans in thethousands and generates a huge discussion amongits subscribers. The official page is regularly updatedwith photos of his official activities.Guillaume made his Twitter debut as @Boghota– most certainly a reference to his earlier studentdays. He arrived in the very heat of the post-electioncrises in the country, couched by Alain Logbognonand Sidiki Konaté, close friends who now are alsoministers. Over the months, @Boghota has modifiedand improved his Twitter profile. He is currentlyusing the @SoroKGuillaume handle. Though only afew months old, this account has followers in thethousands already.On LinkedIn, Guillaume has a well-constructedprofile. Though only just set up, his connections arealready in the hundreds. He has sought out key professionalsof the policy and technology industry ofthe country and has connected to them.He has maintained the #SoroKGuillaume handleon Pinterest as well. Though only a new service, hehas put up photos and pins about his activities. Hispins include family and official ones.Web platformPerhaps the most advanced step that Guillaumehas taken towards openness and transparency asa leader in the country is the web platform thathe has established: www.guillaumesoro.com. Thisis a one-stop shop for most of his personal activities,missions, and interactive channels and alsoserves as an information platform. The website includesspeeches, his curriculum vitae, publications,policy, political, cultural and sports news, web TV,CÔTE D’IVOIRE / 107

On his Twitter page, Guillaume Soro announces that the National Assembly will be receiving the finance minister, who will be reporting onthe newly acquired HIPC debt relief. He requests that citizens send in their questions to the Minister via Facebook and Twitter. One tweetsays: “As I promised you, our National Assembly will be listening to you, including with the use of ICT. Bring the questions on!”photos, links to social networks, an aggregation ofhis tweets, his blog, and his newsletters.While there are many other things that Guillaumecan do to increase transparency, he hasundoubtedly established a solid internet platformon which citizens can engage him as a decisionmaker, a leader, and an influential political actor inCôte d’Ivoire.Guillaume Soro VII: Presidentof the National AssemblyIn Côte d’Ivoire the government is a mix of parliamentarianand presidential systems. Since 1990,the president appoints a prime minister who is alsohead of the government. The senate, which, in thiscase, is the National Assembly, is headed by a president.The constitution recognises the presidentof the National Assembly as the second politicalpower in the country. If, for any reason, the presidentis unable to carry out his duties, power shallbe transferred, not to the prime minister, but to thepresident of the National Assembly. As the senatorof the Ferkéssedougou constituency, it was to thepost of the president of the National Assembly thatGuillaume was elected by his peers, following therenewal of the National Assembly in Côte d’Ivoire.His investiture was on 12 March 2012.For the first time in many years, national televisionhad a live transmission of the deliberations ofthe National Assembly. This allowed a lot of concernedcitizens to live-tweet the events as theyunfolded. With live transmission and live tweets,there is increasing interest from the Ivorian diaspora.In the few months that Guillaume has beenthe head of the legislature and the second politicalfigure in the country, he has heightened hisuse of the internet in governance. He does regular“Twitter consultations” with the citizenry and alsoencourages feedback from his constituency and thenation. Apart from the official website of the NationalAssembly, he has also instituted a Twitter handlefor the legislature’s presidency for communicationpurposes: @SC_PANCI.In pursuit of the vision of using available technologyto liaise with citizens, Guillaume appears tobe personally keeping an eye on internet actors andtheir respective communities. During the first GoogleTechnology Days 2 in the country, he extended aninvitation to the community, while looking to understandwhat new technology was available for himpersonally, for the legislature and for the public. 32 news.abidjan.net/v/9487.html3 www.cyriacgbogou.com/google-days-cote-divoire-jour-1-telechargement-termine108 / Global Information Society Watch

On 8 May 2012, Guillaume turned 40. Afterconsulting online on the possibility of starting aFacebook community page of all those born on thesame day as he was, he settled for a face-to-facedinner with outstanding internet community members– professionals, entrepreneurs and bloggers.Discussions, certainly, did go on about the use ofinternet and its benefits for governance purposes.One of the key actions in openness and transparencythat the National Assembly will undertakein 2012 will be the ratification of the ongoing NationaleGovernance Plan. Among other proposals,the plan suggests the establishment of a NationaleGovernance Agency.Guillaume Soro next: 2012-2015There are several reasons why Guillaume may bethe best possible political actor in Côte d’Ivoire tomainstream the internet as a governance tool foropenness and transparency. The first is his youth. Atonly 40, and from the Zouglou generation, he doesnot inherit the inhibition of older politicians. He hasa wealth of experience in governance that can rivalpeople more than 30 years his senior. Over time hehas established a large network with the youth andinternet community of the country, and has come toassert his authority over the population both onlineand offline.Already young and at number two, the onlyquestions that need to be asked are:• How long will it take for Guillaume to get tonumber one?• What next course will he champion when itcomes to the internet?• How open and transparent can he get the nationalgovernment to be?• How long will it take to influence the NationalAssembly?• How long can the country keep up the pace ofopenness and transparency already in motion?Whatever the answers, one thing is sure: Guillaumeis evidently the most “open” and “transparent”in the use of internet technology in the politicalsphere in Côte d’Ivoire. Eight of ten internet communitymembers in the country who responded tothe question “Who has the greatest potential ofinfluencing Côte d’Ivoire by using the internet foropenness and transparency?” answered: “GuillaumeKigbafori Soro”.Action stepsAmong other things, civil society will need to push for:• The effective use of ICTs in monitoring governance,other than just citizen participation, innational finances.• A proactive stance by the National Assemblyin initiating laws to use ICTs in governance andoversight in Côte d’Ivoire.• The use of ICTs in the transparent managementof the Highly Indebted Poor Country (HIPC) debtrelief just received by the country. nCÔTE D’IVOIRE / 109

EgyptFighting CORRUPTION AS a WAY of LIFE…ArabDevLeila Hassaninwww.arabdev.orgIntroductionAs an Egyptian I was intrigued and overwhelmed byGISWatch’s 2012 theme. Egypt was, and still is, indeep transition after its 25 January 2011 revolution– the revolution which was triggered by decades ofcorruption that had spread like a fatal cancer permeatingall public, and many private, aspects of life.Transparency International’s 2011 Corruption PerceptionIndex ranks Egypt 112 out of 183 countries. 1In Egypt’s case corruption began with the politicaland business elite and ended by becoming a wayof life for nearly everyone, which means that briberyand petty corruption at the administrative andbusiness levels had become a daily incident, theabsence of which was the anomaly. The fact thatcorruption has become so prevalent and an integralfibre of life is why fighting it will need a thoroughrestructuring of nearly every sector in the country.Alaa Al-Aswany’s best-selling novel The YacoubianBuilding 2 bases its plot on this pervasive andinsidious corruption. The novel, published in 2002,has been a revolutionary act of free speech thatwas amplified when it was turned into a film featuringsome of the most prominent Egyptian actors.Though this report focuses on the internet’s role infurthering and/or obstructing transparency, film isbriefly mentioned as an important vehicle to transmitmessages, especially in a country with a 66.4%adult literacy rate. 3The use of internet tools for better governancehas prompted questions like: How does governmentitself become an open platform that allowspeople inside and outside government to innovate?And how do you design a system in which all of theoutcomes are not specified beforehand, but insteadevolve through interactions between the technology1 cpi.transparency.org/cpi20112 Al-Aswany, A. (2002) The Yacoubian Building, American Universityin Cairo Press. For a synopsis see en.wikipedia.org/wiki/The_Yacoubian_Building3 UNDP (2011) Egypt Country Profile: Human DevelopmentIndicators. hdrstats.undp.org/en/countries/profiles/EGY.htmlprovider and its user community? 4 This report usesGlobal Integrity’s 5 definition of “open government”,which is based on:• Information transparency: the public understandsthe workings of their government.• Public engagement: the public can influencethe workings of their government by engagingin governmental policy processes and servicedelivery programmes.• Accountability: the public can hold the governmentto account for its policy and servicedelivery performance, 6 and the internet can beused for increased governance accountabilityand transparency.This definition is just one of many that try to outlinethe meaning of Gov 2.0, according to the Gov 2.0Summit held 9-10 September 2009 in Washington,DC. It is notable that most definitions come from thefirst world, the US in particular. 7 As the definition ofGov 2.0 takes shape it will be crucial that developingcountries participate in shaping the definitionfrom their experience and needs. In particular, howand to what extent are governments willing to bepublicly accountable and transparent by postingraw data and information online pertaining to allgovernment and public sector organisations? TheOpen Government Platform (OGPL) to PromoteTransparency and Citizen Engagement 8 is currentlyone of the few platforms that have been developed.The role of ICTs and accountability in EgyptIn Egypt, the e‐government portal, 9 a compilation ofservices offered by various ministries, is a leadingexample of what could constitute Gov 2.0. It providespublic information, downloadable forms, e‐serviceslike notarisation and the issuing of personal papers(birth, marriage, divorce certificates, etc.), train ticketreservations, billing inquiries, and a complaints site,4 O’Reilly, T. (2009) Gov 2.0: The Promise of Innovation, Forbes.com,10 August. www.forbes.com/2009/08/10/government-internetsoftware-technology-breakthroughs-oreilly.html5 Global Integrity: Innovations for Transparency & Accountability.Definition of open government. www.globalintegrity.org/blog/working-definition-opengov6 Ibid.7 www.gov2summit.com/gov2009/public/content/gov2-video8 www.opengovtplatform.org9 www.egypt.gov.eg/english110 / Global Information Society Watch

among others. It was established under the HosniMubarak regime, starting in 2002, and has continuedto be operational. The Ministry of AdministrativeDevelopment 10 is the main manager and procurerof these e‐services. But that is where “informationtransparency” begins and ends – the simple sharingof regulations and administrative steps taken, ratherthan the sharing of vital information and data, someof which might not shed a favourable light on governmentactivities. It is furthermore questionable howuseful online payment options are in a country thatis cash based and where credit cards are only for therestricted few. This raises the question of for whomthese services and e‐government portals are made,and if citizens are actually using them.“Public engagement”, taken from the exampleof the e‐government portal, is focused on someforms of service delivery which may bypass issuesof petty bribery, but does not offer a way ofsignificantly circumventing it. There are also fewgovernment services that could be completelymanaged through an online interface. As for “accountability”,there were no examples given in themedia or anywhere else of the results of complaintsthat were filed through the complaints pages ofministries.This lack of transparency is underscored by thefindings of Global Integrity, 11 a report that assessesindicators of corruption globally. The report 12 foundthat there is no public access to information regulationsin Egypt. On the contrary, there are lawsdepriving the public from accessing key governmentrecords and information. An example is the IllegalProfiting Apparatus (IPA) law 2/1977 that imposespenalties on “false” corruption charges, or chargesthat were made with “bad intentions”.The report further specifies that “citizens oftenface challenges to posting content online throughgovernment censorship (there is a separate governmentunit in the Ministry of Interior charged withcombating crimes related to computers and theweb). Indeed, there has been a significant decline inthe Egyptian media’s ability to freely report on corruptionsince Global Integrity’s last report in 2008.Effective conflicts of interest safeguards coveringsenior officials remain elusive, as does transparencyin the budget process.” 1310 www.edara.gov.eg/Templates/Default.aspx?NRMODE=Published&NRNODEGUID=%7B2B82B630-61D7-456D-B716-CA4BF373F1D9%7D&NRORIGINALURL=/Default&NRCACHEHINT=NoModifyGuest11 www.globalintegrity.org/report12 Global Integrity Report, Egypt 2010. www.globalintegrity.org/report/Egypt/201013 Ibid.A private online initiative for public engagementand government accountability is “Zabatak” 14 –meaning “You have been caught” – which has beenbuilt using the Ushahidi platform. 15 The websiteencourages the submission of anonymous complaintsthat range from stolen cars and violations ofbuilding permits to complaints about governmentcorruption. However, it is not clear to whom thesecomplaints are directed. Or are they meant to beshown as a visual representation of the “crime” and“where” it was cited only? It is also not clear howcredible anonymous complaints are. Furthermore,the timelines of the complaints seem to have somesoftware glitch as there are complaints dated December2012. Here again it is not clear how Zabatakis contributing to accountability.In Egypt there are no particular examples of corruptioncases that have been fought or uncoveredusing internet tools. The internet, through blogs,Facebook, Twitter and email, has been and is beingused to spread information, to gather peoplearound a cause and to discuss different viewpointsregarding particular corruption issues. However,aside from using Twitter to alert the media, theonline content has not shaped up into particularadvocacy flagship issues. Often concerns regardingspecific corruption cases were aired to encourageparticipation in mass demonstrations. This momentumhas ebbed after the elections.The revolution is the example that has beencited to show the power of ICTs to assist in regimechange. The Dubai School of Government has issuedthe Arab Social Media Report, 16 which givesa quantitative snapshot of the rising popularity ofsocial networks, especially Facebook and Twitter, inEgypt and the region. According to the report, 5% ofthe Egyptian population joined Facebook between5 January and 1 October 2011, with youth being thepredominant users. 17The increase in Facebook members, however,does not reflect how active or not they are in fightingcorruption online. It is hard to get a contentoverview on Facebook because many of the moremeaningful discourses happen in private spacesthat are not publicly accessible. A content analysisof Facebook was made to find out if there are specificdiscussion threads and groups in Egypt focusedon its various corruption issues. Facebook had fourspecific groups, but most were not active beyond afew posts.14 www.zabatak.com15 ushahidi.com16 www.dsg.ae/en/asmr3/ASMRGeneralFindings3.aspx17 Ibid.EGYPT / 111

Nevertheless, corruption is an ongoing discussionamong Egyptians, online and off. Some of themost pertinent exchanges occur in discussions andventing between friends, families and special interestgroups. The discussions are as widespread anddiverse as the sources of corruption themselves(e.g. they range from discussions about whomand how to persecute, ways to recover stolen andsmuggled assets, security, crime and petty crime,political corruption of the military, fair elections,foreign involvement in the country’s affairs and theinstigation of political corruption). There are alsomore localised corruption discussions that focuson and occur in specific regions, sectors, universities,or companies – though it seems that many ofthese are more geared towards venting and only insome cases towards organising strikes or peacefuldemonstrations.Twitter, which had 215,000 active users in Egyptin March 2012, 18 has been more specifically used toorganise demonstrations and strikes, and to shareevents with national, regional and internationalmedia. Tweets were made predominantly in English.Twitter added support for Arabic only in earlyMarch 2012. 19 TweetDeck 20 offered Arabic supportfor those who knew how to enable it – it was notset by default. The content of tweets is harder tosurvey as the content of Twitter messages is notsearchable (i.e. there is no search function thatwould allow one to read all the tweets concerning“corruption” in Egypt). The content is archived bytweeter, and with an estimated 55 million tweetsa day, 21 one can only follow a relatively limitedamount of #tags. From a limited content analysis,corruption tweets did not differ in content from theexchanges made on Facebook. There were sometweets that were oriented to the internationalmedia. Otherwise, social network sites thrive onshort messages that are mostly geared towards aspecific incident or cause that is related to a specificmoment. Many corruption exchanges werecoloured by the moment – they followed the mainpolitical and business news on a particular issueat a particular time – in that they were reactions tohappenings and not longer-term considerations ofanti-corruption efforts.18 Ibid. Tweeters making up 0.26 percent of the total population inEgypt.19 www.mediabistro.com/alltwitter/twitter-right-to-left-languages_b1924120 www.tweetdeck.com21 Cochran, S. (2010) Library of Congress Acquires Twitter Archive,Yahoo Voices, 19 April. voices.yahoo.com/library-congressacquires-twitter-archive-5862272.html?cat=15Until now Facebook and Twitter have beenspared in Egypt the challenges they are facing inthe US, Canada, Europe and Russia, where usersare being tracked for business reasons and employersplough through social network content to gatherinformation on their employees. 22 However, socialnetworks are being trolled by law enforcement,like in every other country, and this has sometimesbrutally compromised freedom of speech. 23 It needsto be seen how long the commercial and businesspressures keep their distance from social networksin Egypt and the region.Has the emergence of the internet made adifference to transparency? The internet in Egypthas been used as a whistleblower and a vehicle totransmit news instantaneously among interestedmembers of the public. It was also pivotal in alertingregional and international media to abuses.Though this has proven crucial during national uprisings,it is not the same when it comes to fightingthe longer-term battle of deep-seated corruption.A sure sign of the degree of opacity in Egypt isthat there are no notable examples of informationleaks. This absence of “hidden” informationappearing in the public domain has continuedpost-revolution.As far as collaboration with foreign donorsgoes, many of the e‐government portal initiativesin Egypt were funded by bilateral and multilateraldonors. Immediately after Mubarak steppeddown, UK-based Chatham House organised theDefining and Tackling Corruption Workshop inFebruary 2012 24 in an attempt to categorise corruptionin Egypt, and offer case studies from Georgiaand Kenya of how other governments addressedcorruption. One important workshop recommendationwas to introduce freedom of informationlegislation. References to this workshop werefound both on Twitter and Facebook, though itis not clear whom the stakeholders in this workshopwere and how legitimate the workshop is forpresent decision makers.Setting up the legal, institutional and enforcementcapacities for freedom of information andspeech will be a priority. The Egyptian parliamenthas proposed a draft law to create an independentcorruption-fighting government authority. This newauthority is to supersede the Administrative Control22 www.insidefacebook.com/2011/06/12/facebook-sees-big-trafficdrops-in-us-and-canada-as-it-nears-700-million-users-worldwide23 Hassanin, L. (2009) Egypt: Access to Online Information andKnowledge, in GISWatch 2009. www.giswatch.org/countryreport/20/egypt24 www.chathamhouse.org/sites/default/files/public/Research/Middle%20East/0212egyptsummary_corruption.pdf112 / Global Information Society Watch

Authority created during the Gamal Abdel Nasserregime, but with the difference that the former shallbe affiliated with the People’s Assembly, the parliament,rather than the Prime Minister’s Office, aswas the case with the latter. 25This might be a good start, although, due to thepervasiveness of corruption – one article referredto it as “Egypt marinated in corruption” 26 – one ofthe main roles of any new Egyptian regime is to beseen as a “clean” role model, a model that eschewscorruption in government, public and private sectordealings. That is, a place where politicians aretransparent and honest. This model then needsto be enhanced by offering means of transparentpublic participation in an effort to be vigilant aboutcorruption – and the internet is one of the mostdemocratic tools to offer citizen participation in rebuildinga more honest and law-abiding communityand country.It remains to be seen how much transparencywill emerge out of the present transition. For now,Facebook and Twitter are telling us that there ismore transparency needed from the budding government.May the internet continue to be used inEgypt – as it has been recently – as a forum to gethonest feedback from citizens. This is the cornerstoneof any freedom of expression and freedom ofinformation law.Action stepsAs Egypt is undergoing major structural powerchanges, it is important to build in transparency andaccountability tools from the start, the internet beinga primary tool to enhance the citizen-government communicationchannel. To do this it is recommended that:• Citizens negotiate and demand an open governmentplatform that enables the transparentonline publishing of government and public sectordata and information across diverse sectorsand at various departmental levels.• The platform should have citizen spaces thatallow open debate regarding the informationand data made available, especially where itbecomes an issue of governance and/or safety.• Citizens push for the creation of an open governmentlaw and an independent authority thatis fully accessible to all citizens for recourse touphold and enforce the law.Most importantly, a working example of the openonline sharing of government data and informationand an honest interaction with citizens regardingthis data are indispensable as a starting point formaking government transparency and accountabilitya reality in Egypt. n25 Egypt Independent (2012) Parliament considers fightingcorruption with new authority, Egypt Independent, 7 June. www.egyptindependent.com/news/parliamentary-committee-assignedmull-establishment-authority-fighting-corruption-nehal-news-126 Cockburn, P. (2010) Egypt: Marinated in Corruption, Counterpunch,April. www.counterpunch.org/2012/04/02/egypt-marinated-incorruption/EGYPT / 113

EthiopiaThe effective role of e-government IN COMBATING CORRUPTIONEthiopian Free and Open Source Software Network(EFOSSNET)Abebe Chekolabechekol@yahoo.comIntroductionThe Ethiopian information and communicationstechnology (ICT) sector has shown substantialgrowth in the last five years as a result of massiveinvestment in the sector. Mobile subscription hasgrown from less than a million subscribers in 2005to over 14 million in December 2011. It is estimatedthat there were about 500,000 internet users inEthiopia in 2009, which implies that only 0.6% ofthe population has some kind of internet access. 1The new five-year Growth and Transformation Plan(GTP) is widely expected to boost economic growthand demand for communication services. To thiseffect, the GTP acknowledges that for effective, efficient,transparent and accountable civil service aswell as to increase their contribution to institutionaltransformation, it is important to support the reformprocess using ICTs. 2Implementation of the Ethiopian ICT policystarted in 2005. Among its priority focus areas, ICTsfor governance or e‐government services were setup in government institutions. E‐government broadlyimplies the use by government agencies of ICTssuch as the internet, wide area networks or mobilecomputing to exercise their functions in an efficientand effective manner, and in doing so, to transformtheir relations with citizens, businesses and othergovernment entities. The resulting benefits can beless corruption, increased transparency, greaterconvenience, revenue growth and/or cost reductions(which this report tries to explore by focusingon some specific cases).Policy and legislative contextEthiopia is a federal republic under its 1994 constitution.Article 12 of the constitution specifies that“the conduct of the affairs of government shall be1 Adam, L. (2010) Ethiopia ICT Sector Performance Review2009/2010: Towards evidence-based ICT policy and regulation, Vol.2, Policy Paper 9, Research ICT Africa, Cape Town.2 Ministry of Finance and Economic Development (MoFED), FederalDemocratic Republic of Ethiopia (2010) Growth and TransformationPlan (GTP) 2010/11-2014/15, MoFED, Addis Ababa.public and transparent. Any public official or anelected representative is accountable for any derelictionof the duties of office.” 3Cognisant of the need to institutionalisetransparency and fight corruption, the Ethiopiangovernment established the Federal Ethics and Anti-CorruptionCommission (FEACC) in May 2001 (andset out its powers in the revised Proclamation 433of 2005) with the main objectives of taking forwarda series of preventative measures and establishingpowers of investigation, prosecution and research.Although the Ethiopian ICT policy was approved bythe Council of Ministers in August 2009, as suggested,implementation of the policy started in September2005 with the establishment of the then EthiopianICT Development Agency (EICTDA). E‐government isone of the six focus areas of the policy. To this effect,the Ministry of Communications and InformationTechnology has engaged PricewaterhouseCoopersin designing the national e‐government strategy andimplementation plan. 4 The e‐government strategydocument became functional in January 2011 with afive-year implementation plan.With support from the United Nations EconomicCommission for Africa (UNECA), the governmenthas also prepared a national draft law to governe‐commerce.Key issuesThe recently conducted second corruption perceptionsurvey, commissioned by the FEACC, found evidenceof opaqueness and lack of transparency especiallyin the manner in which public institutions in Ethiopiainteract with business enterprises. Respondents fromthe business sector as well as public employees reporteda lack of transparency and corruption in areassuch as customs clearance, taxes and revenue collection,application and interpretation of regulations, aswell as government procurement procedures. Bothpast and recent surveys indicated that both petty 5 and3 Proclamation No. 1/1995, Constitution of the Federal DemocraticRepublic of Ethiopia (FDRE).4 Ministry of Communications and Information Technology (2011)E-Government Strategy and Implementation Plan – Report January2011, Government of the Federal Democratic Republic of Ethiopia,Addis Ababa.5 Petty or low-level administrative corruption involves small sumsand typically more junior officials, such as, for instance, citizenshanding over a small sum of money or other gift in order to get ajunior public servant to actually do his/her job.114 / Global Information Society Watch

grand corruption 6 were on the increase. However, themore common type was petty corruption, whereby ajunior public servant (e.g. a customs officer, police officer,court prosecutor or municipal clerk) attempts toderive illegitimate benefits by subverting the law orestablished procedure. Petty corruption also tendsto be diffuse across all regions of the country, affectingall levels of public institutions from federal toregional to local government institutions. It was alsorevealed that the public institutions that were said tobe particularly susceptible to corruption were regionalgovernment institutions and municipal offices, as wellas all levels of the judiciary and the police. 7According to the above-mentioned survey results,the majority of the respondents in each samplecategory felt that corruption had been contained orwas better than it had been some five years before.For instance, between 40% and 57% of the respondentsin each sample group felt that corruption wasnow better or much better than it had been five yearsback, while a further 8% to 20% said it was aboutthe same as before. On the other hand, between 31%and 47% of the respondents in each sample groupfelt that corruption was now worse or much worsethan it had been some five years before.This, to a great extent and as widely recognisedby many, is due to the government’s commitment tocombating corruption through various mechanismsand through legislation, including the increased modernisationof government services using ICTs. One ofthe main government programmes to this effect is thePublic Sector Capacity Building Programme (PSCAP)which has been dealing with six focus components tobuild the country’s capacity. Among the six componentsof PSCAP is ICT capacity building. The others are civilservice reform, urban management capacity building,district level decentralisation, and tax and justice systemreform. PSCAP’s specific objective in the nationalICT capacity-building programme, which is funded bygovernment and development partners, is to harnessICTs for the development of human resources, democratisation,service delivery and good governance.The performance analysis report 8 of the ICT for publicservice delivery and good governance sub-unit of thePSCAP programme published in June 2009 indicates6 Grand corruption refers to corruption that involves substantialamounts of money and usually high-level officials. It typically includeskickbacks to win large public procurement contracts, embezzlementof large sums of public funds, irregularities in public finances and inpolitical party and campaign financing, political patronage, etc.7 Federal Ethics and Anti-Corruption Commission (FEACC) FederalDemocratic Republic of Ethiopia (2012) Ethiopia Second CorruptionPerception Survey, Volume 1 – Main Report, prepared byKilimanjaro International Corporation Limited, FEACC, Addis Ababa.8 Public Sector Capacity Building Programme Support Project,November 2004 to April 2009, Result Analysis, Volume 1, June 2009.that the programme enabled the establishment of informationportals for several ministries, including theeducation, health, trade, industry, finance, mines andenergy, culture and tourism ministries. Over 215 localarea and 39 wide area networks were developed, bothat federal and regional levels, with over 69 websitesdeveloped for regional bureaus to make informationaccessible to the public. It is also reported that some512 data centres (two at the federal level, 22 at the regionallevel, seven at the zonal level and 481 at districtlevel) were established.Furthermore, the current e‐governmentstrategy envisages the implementation of 219e‐services, comprising 79 informational and 140transactional services, over a five-year period. Theimplementation is proposed to be done through12 priority projects using four communicationschannels (portal, call centre, mobile devices andcommon service centres). The delivery will be facilitatedand strengthened through six core projects,including a national payment gateway, an enterprisee‐framework, the development of key publicinfrastructure, the development of a national dataset, a national enterprise service and a nationalintegrated authentication framework. 9 To this end,the Ministry of Communications and InformationTechnology’s priority projects will facilitate developmentof these services based on life-cycle basedservice requirements of customers. The key priorityprojects include agriculture services, benefitsmanagement, education, e‐health, a trade portal,services for employment, transport, tourism andtax, e‐courts, e‐municipalities, and online passportand visa services. When completed and operational,some of these e‐services would be able to addressthe key areas where corruption and accountabilitychallenges are being reported.Implementation of the e-government strategyis underway with online applications for five ministriesthat are ongoing and at different stages ofdevelopment. A bid is floating for the developmentof online applications for four additional ministriesand organisations. A number of services have alreadybeen evaluated. Among them is a studentregistration and placement service, which has alsowon the 2011 UNECA Technology in GovernmentAward (TIGA). When first launched in the 2010/2011academic year, there were one million and 130,000students enrolled to take the 10th and 12th gradenational exams respectively. However, the studentregistration and placement online service received9 Ministry of Communications and Information Technology (2011)E-Government Strategy and Implementation Plan – Report January2011, Government of the Federal Democratic Republic of Ethiopia,Addis Ababa.ETHIOPIA / 115

over 1.8 million and 450,000 views of the 10th and12th grade national exams online services respectively,which shows the success of its effective use.The university placement system enabled universitiesto be aware of their prospective new studentsin a timely way through the website, which was aprocess that previously took a long time. This latterinitiative will help address concerns aroundtransparency issues when placing students inuniversities, as the universities are in different locationsand levels of development in terms of thequality of teaching, learning and experience.This shows that in the last decade there hasbeen a strategic move towards growing ICT applicationsand services spearheaded by high-profilegovernment projects that aim to connect schools,districts, health establishments, academic institutionsand government offices.One of the successful examples of the improvedpublic service delivery achieved is at the DocumentsAuthentication and Registration Office (DARO).DARO was established under its previous name –Acts and Documents Registration Office – in April1996 as an autonomous institution under the citygovernment of Addis Ababa. It was among the officesthat were decentralised in 2003, accountableto the Ministry of Justice. DARO provides services toits customers at the head office and four branch officesin the city. As part of its strategy, it focuses onaddressing three critical strategic issues: improvingeffectiveness and efficiency, reducing the servicetime to clients, and eliminating corrupt practicesand other offences. To this effect, among others,the office actively implements the automation ofall services delivered and the introduction of a zerotolerance approach to corrupt practices. This hasenabled the office to be recognised by a number ofnational and international organisations for its outstandingpublic service delivery.A study undertaken on the impact of decentralisationand reform in this office based on a samplesurvey among customers before and after the introductionof the reform shows a major decreaseand change in corruption practices as perceivedby customers (i.e. from 31.42% to 2.85%). 10 Thisshows the successful implementation of the office’stransformational strategy to enhance public servicedelivery coupled with the leadership commitmentand recognition in using ICTs in enhancing servicesdelivered.10 Tedla, L. A. (2009) Impact of Decentralisation on the Provisionof the Document Authentication and Registration Service inAddis Ababa, Ethiopia, Masters thesis on Urban Managementand Development, Institute for Housing and Urban DevelopmentStudies, Erasmus University, Rotterdam, Netherlands.Since September 2011, DARO 11 has been onlineand clients are no longer required to queue to gettheir documents processed. Instead, clients can fillout the form they need online 12 and receive a referencenumber to access their form and be notifiedof the fee payable. They will then be required tobe present in person at an agents’ window at theDARO office to sign up and pay the required servicecharge. All the seven branches of the office are networkedand the service is available in Amharic andEnglish. The office confirmed that this service willreduce the misplacing of client’s documents. Suchimprovements in efficiency will enhance transparencyand reduce corrupt practices. Furthermore, ithas enabled the office to increase the number ofpeople served per day from 30 to over 2,000.This best practice can be replicated in most organisationsthat are reported to be highly affectedby corruption and a lack of transparency.ConclusionIt is evident that ICTs can improve transparency inthe public sector by increasing coordination throughintegrating the different government institutions,and increasing the administrative capacity of thepublic sector generally. ICTs also improve servicedelivery. However, the poorer members of societycould be affected negatively when it comes toboth of these benefits. Firstly, corruption falls disproportionatelyon the poorer members of society,who are hindered from accessing scarce services. 13Secondly, given the limited ICT penetration and lackof access to ICTs by poorer communities, they tendto be marginalised from the benefits of ICTs when itcomes to combating corruption. However, access isrightly identified as one of the key objectives in thegovernment’s Growth and Transformation Plan withrespect to expanding the rural universal telecommunicationaccess programme, and it is expectedthat access to ICT services will not be an issue forthe large number of e‐services planned in the e‐governmentstrategy.ICTs can also facilitate the collection of digitalfootprints and a complete audit trail which increasesthe opportunity to hold individuals accountableand ultimately increase the possibility to detect corruptpractices. As a result, as is the case in many11 www.ethiopiainvestor.com/index.php?view=article&catid=1%3Alatest-news&id=2462%3Adocument-authentication-goesonline&option=com_content12 www.daro.gov.et13 Gronlund, A. et al. (2010) Increasing Transparency and FightingCorruption Through ICT: Empowering People & Communities,Swedish Program for ICT in Developing Regions (SPIDER),Stockholm.116 / Global Information Society Watch

countries, there will be challenges in governmentinstitutions which may resist change and be lessthan helpful in facilitating the implementation ofe‐government platforms. To this end, the commitmentof the leadership as is evident in the casepresented above is necessary to successfully implementICT-based applications.Finally, ICTs can facilitate information sharingand social mobilisation, and ultimately provide digitalplatforms where citizens can report incidentsanonymously. In this way the Federal Ethics and Anti-CorruptionCommission can utilise new ICT toolsto enhance its activities, by disseminating informationand educating the public as well as increasingthe public’s participation in combating corruption.It is recognised that making government informationavailable to the public is important for aninformed citizenry and an accountable government,including for enhancing opportunities for participation.To this effect, the government needs policiesbased on open government principles to make informationaccessible through the implementationof the already identified e‐services in the e‐governmentstrategy.The participation of civil society organisationsis of paramount importance in advocacy work whenit comes to realising such policy initiatives and inpromoting the use of ICT applications for combatingcorruption. nAction stepsThe Growth and Transformation Plan recognisesthe importance of ensuring transparency and combatingcorruption at its source by supporting thereform process using ICTs. Therefore, there is greatscope for the use of ICTs in enhancing public servicedelivery and transparency and reducing corruptpractices. To this effect, multi-stakeholder actionwill enhance the success of this objective. The implementationof the e‐government strategy needsto prioritise all sectors of the economy, includingthe informal sector, when it comes to using ICTs fortransparency and fighting corruption.ETHIOPIA / 117

HungaryA hybrid organisation TACKLES CORRUPTIONMetatron Research Unit, Hungarian AutonomousCenter for Knowledge (H.A.C.K.)maxigasresearch.metatron.sh, hsbp.orgIntroductionElections in April 2010 in Hungary – a small countryof 10 million people in the middle of EasternEurope – marked a major turning point in its politicaland social life. A landslide victory for the rightwing in the midst of the economic crisis rampantin Europe granted the governing coalition a twothirdsmajority in parliament. 1 However, the systemof democratic institutions constructed during theround table talks between the old and new elitein 1989 was based on the assumption that a twothirdsmajority necessitates the agreement of thegovernment and parts of the opposition. 2 Thus thenew coalition gained virtual omnipotence.Lawmakers set out to transform the country withunprecedented confidence and speed, unfetteredby the requirements of political negotiations andpublic consultation. Hungary quickly became a textbookexample of establishing a quasi-authoritarianstate. The new policies clashed with European Unionnorms and regulations on several occasions. Leadingpoliticians employ a post-colonial language toargue that Hungary can find its own way out of thecrisis and set an example for Europe. 3The Atlatszo website and organisation, partlyinspired by the example of WikiLeaks, was set upin July 2011 to produce information about largescalecorruption and counter the chilling effect thatresulted from the changes in media policy and attitudes.Bringing together best practices from varioussuccessful international organisations, it found aneffective combination of existing models. This istheir story.1 European Election Database: Dataset Hungary: ParliamentaryElection 2010. eed.nsd.uib.no/webview/index.jsp?study=http%3A%2F%2F129.177.90.166%3A80%2Fobj%2FfStudy%2FHUPA2010_Display&mode=cube&v=2&cube=http%3A%2F%2F129.177.90.166%3A80%2Fobj%2FfCube%2FHUPA2010_Display_C1&top=yes2 en.wikipedia.org/wiki/Hungarian_Round_Table_Talks3 BBC Business News (2012) Hungarian PM Viktor Orban denouncesEU’s ‘colonialism’, 16 March. www.bbc.co.uk/news/business-17394894 and China Daily (2012) EU flag burned at far-right rally inBudapest, 15 January. www.chinadaily.com.cn/world/2012-01/15/content_14448830.htmPolicy and political backgroundAs part of the government takeover of the institutions,new policies have been implemented at alllevels of the administration and public life, the highpoint being the new constitution that came into effecton 1 January 2012. The constitutional court hasalso been expanded with appointees of the governmentand its powers curtailed. Functionaries wereappointed for unusually long terms (for example,12 years for constitutional court judges). 4 Thesechanges cement the influence of the current governmentfor years to come even if it loses at the ballotboxes in the next elections.The Hungarian media ecology was also dramaticallyaffected on three levels. Firstly, the newmedia law had widespread implications. 5 It createda new media oversight body which brought togetherfunctions of several institutions under a head withformidable powers. Libel law was changed so thatmedia outlets have to pay a fine when accused ofdefamation, after which they can initiate a courtprocess to get their money back. Legal changes alsomeant the eradication of source protection. Secondly,state television, state radio and the nationalnews agency were centralised in a single organisationusing the justification of economic cuts, butgiving the government better control. Thirdly, thewave of mass layoffs in state and privately ownedmedia, reaching their peak around the end of 2011,meant that many news workers who had been criticalof the state found themselves on the street.Investigative journalism to the rescueAtlatszo emerged in July 2011 6 from a history of frustrationwith the current state of public debate andthe concrete eradication of the institutional contextfor investigative journalistic work. Its staff was madeup of journalists who felt censored in commercialmedia outlets, lawyers who wanted transparency,4 The Constitutional Court of Hungary (2012) ConstitutionalCourt: History, Organisation (press English in menu to seethe English version). www.mkab.hu/alkotmanybirosag/azalkotmanybirosagrol/tortenet5 Center for Media and Communication Studies (CMCS) (2011)Hungarian Media Laws: An Assessment of the Consistency ofHungary’s Media Laws with European Practices and Norms,Central European University, Budapest. medialaws.ceu.hu6 atlatszo.hu (2012) Watchdog NGO and online news portal forinvestigative journalism in Hungary. atlatszo.hu/wp-content/uploads/2012/07/atlatszo_english_july2012.pdf118 / Global Information Society Watch

and IT experts with resources and capacity. Initiatedby Bodoky Tamás, an award-winning investigativejournalist, the team included Jóri András, formerCommissioner for Data Protection and Freedom ofExpression, and Ákos Maróy, a leading technologistand media artist. The project went on to bringtogether a number of established professionals,ambitious young journalists and other volunteers.The idea was to concentrate on the issue of thetransparent expenditure of public resources.The WikiLeaks experience has taught editors anumber of lessons: (1) publicising insider informationcan be a game-changing factor in the field ofpolitics; (2) however, it is not enough to put informationout – it has to be digested and presentedto the audience; and (3) anonymous publishing is aproblem for legitimacy – real and credible journalistshave to take public responsibility for materials.Therefore, the initiative proposed to combine traditionaljournalistic work with freedom of information(FOI) requests and an online submission system.The Atlatszo model draws on a number of othersimilar models and experiences, including anonymousleaking platforms like WikiLeaks, 7 watchdogand open data NGOs like the Sunlight Foundation, 8citizen journalism, 9 automated FOI requests likeWhatDoTheyKnow, 10 and most importantly, the newwave of centres established to promote investigativejournalism. 11Leveraging the low cost of production for electronicpublications, the website offers a dailyflow of news items in conjunction with a growingnumber of services. Articles are based on originalresearch and often track stories that develop overseveral months or even years. Follow-up is at theheart of Atlatszo’s mission, since the focus is ongenerating impact rather than producing contentthat draws attention to issues of passing interest.In contrast to prevailing journalistic practice, claimsare often backed up by original source documentswhich are either linked or published directly on thesite. Presenting the evidence in the concrete formof the original source documents boosts the credibilityof claims, which is key for anti-corruptionwork. Materials published here receive widespreadmedia attention locally and international recognitionabroad – shown in the press coverage section,which includes more than 100 articles from onlineand offline newspapers that refer to Atlatszo.In addition, Atlatszo operates a number of services.The automated FOI request portal allows anycitizen to ask for information of public interest, andthe archive holds more than 100 requests to date.The archived website of the former Commissionerfor Data Protection and Freedom of Expression(whose office has been abolished) contains informationabout basic rights. The online submissionsystem and leaking guide enable sources to senddocuments to Atlatszo anonymously. The “oligarchdatabase” gathers profiles of businessmen whocombine their increasing wealth with political andmedia influence.The latter is somewhat peculiar to the Hungariancontext where “oligarch” became a buzzword inparliamentary debate, smear campaigns and internetmemes 12 – roughly equivalent to “the 1%” in theUnited States. 13 Atlatszo editors capitalised on thepopularity of the term to continue the systematicinvestigation of the Hungarian economic and politicalelite. The next step is to construct and maintaina social network database similar to They Rule 14or LittleSis, 15 cross-linked with profiles and newsfeatures.Another peculiarity of Atlatszo is that the staffnumbers as many lawyers as journalists, and it hasaround a dozen ongoing court cases at any onetime. Most often Atlatszo goes to court to enforceFOI requests. These requests are often rejectedby the data holders, but courts frequently find therequest well-grounded and order the release of information.It is quite sad to see that investigatorshave to fight for several months to read informationthat should ideally be published on the website ofthe respective organisation or institution. Few othermedia outlets or NGOs have the resources andthe insistence to go to such lengths to obtain data– which gives Atlatszo its competitive edge at thesame time as demonstrating the comparatively lowlevel of internalised democratic norms in Hungary.Corruption redressedThe Atlatszo campaign on the Hungarian ElectricWorks (Magyar Villamos Művek, commonly abbreviatedas MVM) is a case in point. The portal picked7 wikileaks.org8 sunlightfoundation.com9 advocacy.globalvoicesonline.org10 www.whatdotheyknow.com11 Atlatszo is a member of the Organized Crime and CorruptionReporting Project, which brings together many similar projectsorganised by the Centre for Investigative Reporting in Sarajevo.www.reportingproject.net/occrp and www.cin.ba12 Global Voices Online/atlatszo.hu (2012) Oligarch is the NewBuzzword of the Hungarian Internet, 9 May. globalvoicesonline.org/2012/05/09/hungary-oligarch-is-the-new-buzzword-of-thehungarian-net13 The Occupy Movement popularised a new language in US politicaldebates where the rich are referred to as the 1% and the people asthe 99%.14 theyrule.net15 littlesis.orgHUNGARY / 119

up a scandal that raged in 2008 about widespreadcorruption in the firm. At the time, public upheavalfollowing the findings of an internal investigationby MVM, which had been leaked to leading newssources, contributed to the fall of the “socialist”government. Public money had been laundered usingoffshore companies. The CEO made bad dealswhich resulted in stellar losses, while the lost moneyfound its way back into his own circle. The casewas unofficially associated with the resignation ofthe energy minister, and the opposition demandedunsuccessfully that a parliamentary committeeshould be set up. While MVM quickly acquired a newCEO, the criminal cases merely dragged on in thehands of the National Bureau of Investigation. Thestory moved out of the spotlight of public attentionand it was not long before the old CEO reappearedat the top of the Budapest Transportation Company(Budapesti Közlekedési Vállalat, or BKV). 16When Atlatszo re-evaluated the issue, theyfound that the leaked documents were easily dismissedas illegal or inauthentic by the accused,while the official public version of the internal reporthad been edited and parts omitted. Therefore theydecided to go to court to challenge each changemade to the document separately. They used theleaked version to show that most omissions werenot defensible on the grounds of protecting tradesecrets.Following a lengthy court trial, the new versionof the report – almost uncensored – was recently released.It shows that the present CEO of MVM hasalso been involved in the corruption ring, receivinghuge sums for consulting work without any tangibleresults. Newspapers picked up on the topic onceagain, and the police started to round up the suspectswho were untouchable for two years. The casecalled into question the widely publicised assertionof the present prime minister that oligarchs belongto the era of the previous government.Sustainability and achievementsThe story shows that due to its innovative organisationalmodel, Atlatszo can pursue stories morepersistently than commercial or state-owned newsoutlets, and focus more consciously on impact. Thisis in no small part thanks to its funding sources, amix of individual donations and structural fundingfrom civil society donors such as the Open SocietyInstitute. In other parts of the world it is customaryto run civil society organisations relying on donationsfrom citizens, but in the Hungarian context it16 The CEO has since resigned from his seat on the transportationcompany as well.is a daring venture seldom attempted before. Criticsoften cite the legendary cynicism of citizens,the apathy ingrained in society, and the repressivemechanisms put in place by authoritarian trends inthe country’s political life as reasons for a disengagedpublic.In the face of these doubts, during the firstyear of operation Atlatszo went from a small blogto an established organisation. Its story began withharassment by the Organised Crime Unit of the NationalBureau of Investigation, which confiscatedhard drives from the Atlatszo headquarters, in responseto the organisation’s refusal to reveal thesources of documents about an electronic break-into a financial institution. Atlatszo challenged thedemands of the police and finally the constitutionalcourt decided that the protection of sources wasinadequate in the 2010 media law. 17 Since then, Atlatszohas taken the initiative and expanded withoutmajor challenges from the authorities. Most recently,it won the Breaking Borders Award, launched byGlobal Voices Online and Google for advancing thecause of free expression online. 18Concluding remarksAtlatszo provides a working model of how the bestpractices of traditional journalism can be combinedwith emerging trends, including the potential for theinternet to support critical information leaks, the opendata movement, and citizen journalism. The projectbrings together several strategies to produce a varietyof content types, from raw source documents todatabases and interactive services, to analytical andinvestigative articles. It highlights how crucial it is totake care of both sides of the information flow: inputand output. While acquiring new data from restrictedsources is a long, delicate and cumbersome processwhich takes much dedication, analysing the data,putting it into context and presenting it to audiencesand users should receive the same care and attention.Furthermore, in order to achieve actual impact,selecting data sources and presenting them has to bea strategic, thoughtful decision.The strategic use of ICTs has helped Atlatszoin a number of ways. Firstly, the cheap productioncosts enabled the first editors to develop a proofof-conceptwebsite developing the first round ofcontent, effectively starting operation before they17 atlatszo.hu (2012) Watchdog NGO and online news portal forinvestigative journalism in Hungary. atlatszo.hu/wp-content/uploads/2012/07/atlatszo_english_july2012.pdf18 Global Voices Online (2012) Announcing the Winners of theBreaking Borders Awards, 2 July. summit2012.globalvoicesonline.org/2012/07/announcing-the-winners-of-the-breaking-bordersawards120 / Global Information Society Watch

could secure funding. The availability of a concreteprototype helped greatly in winning the trust of donorsand citizens who donated money. Secondly,the opportunity to publish source material thatbacks up claims seems key in making indisputablestatements when challenging corruption. Thatis impossible to do in print alone. Thirdly, onlineplatforms enable interactive services which canmutually complement news sources. These canpotentially empower users to search in databasesbuilt from known and accumulated information– like the oligarch database or the directory of previousFOI requests – while also producing new and asyet unknown information (for example, through thesubmission platform or FOI request automation).Naturally, many of these elements existed inone form or another before the rise of the internet:manuscripts submitted to patrons and publishers;photocopies of internal reports sent to newspaperheadquarters; supplements of newspapers listingthe best universities as a rudimentary database.However, what we see is a restructuring of possibilitiesenabling new configurations to emerge, and ona much wider scale.Advertisement-driven news outlets, especiallytheir online manifestations, are structurally and necessarilyunsupportive of investigative journalisticwork and prone to economic and political pressures.Their operation can be greatly complemented byuser-supported and donor-funded projects whichproduce quality materials and deliver useful services.Nonetheless, these conclusions prompt thequestion: Can privately and state-owned news channelsstill fulfil their mission of informing the publicand enriching the public discourse on sensitive andpoliticised topics such as corruption? Or, like somany times, does civil society have to step in to fillglaring holes left by the market mechanisms?Action steps• Public interest information should be in thepublic domain.• Public interest information should be readilyavailable online.• Public interest information should be availablein open formats.• Citizens should demand and follow informationabout state expenditure and operations.• Citizens should set up and nurture their own infrastructurefor monitoring.• Citizens should force state action on known corruptioncases. nHUNGARY / 121

IndiaIndia, the INTERNET AND the NEED FOR a GOVERNMENT that ISRESPONSIVE to ITS CITIZENSDigital Empowerment FoundationRitu Srivastavadefindia.netIntroductionIt is a recognised fact that good governance isessential for sustainable economic and social development.In this context, ICT tools such as theinternet are widely believed to have the transformativepower to bring about the desired changes,including fulfilling public service needs and respondingto grievances.Transparency, accountability and responsivenessare the three essential aspects of goodgovernance. Accountability can broadly be definedas an obligation on those who are holding power totake responsibility for their behaviour and actionswith the primary objective of improving servicedelivery to the citizens. Technically, social accountabilityis possible with an active civic engagementthat includes direct or indirect participation ofcitizens and citizen-centric groups in exacting accountabilityto make service delivery mechanismseffective. Responsiveness ensures that the time lagbetween demand and the fulfilment of the needsof citizens is minimal. Together, accountability andresponsiveness ensure transparency in administrativeprocesses and functions.Globally, the United Kingdom was the firstcountry to adopt a citizen-centric policy by launchingthe Citizen’s Charter programme in 1991, 1 aimingto enhance standards of service delivery and makegovernance more transparent and accountable.Other countries like Malaysia, Belgium, Canada,Australia, Sweden and Spain extrapolated on theBritish experiment and implemented similar kindsof programmes for transforming the delivery, cultureand responsiveness of their public services.Developing countries like India followed andnow most public services such as water, electricitysupply, garbage disposal, the issuing of ration cardsand other services are being provided and managedby state-level departments and agencies. However,the needs of citizens continue to be to put on hold1 goicharters.nic.in/ccinitiative.htmas, in many instances in India, bureaucrats refuseto perform their duties in ways required by thegovernment. This has led to further calls for strongcitizen-centric policy and mechanisms for addressingpublic grievances.The majority of India can be considered rural,with over 70% of the population living in 638,365villages, 2 represented by 245,525 Panchayats. 3 Mostof the villages are located in the remotest regionsof the country. It is these regions that are overwhelminglypoor, backward and deprived; they areoutside of the development fulcrum and lack accessto services, information and infrastructure. Equallydespairing are the conditions of the urban poor andpoor middle-class citizens. While service deliveryand good governance are still anticipated, what isastonishing is the lack of mechanisms for citizens toair their grievances, lodge public complaints and beheard. This is seen in the lack of access points andmechanisms to register complaints or grievances.In 2011, the draft Electronic Service DeliveryBill and Right of Citizens for Time Bound Deliveryof Goods and Services and Redressal of their GrievancesBill were passed. The challenge remains inensuring that such citizen-centric initiatives find adequateprovisions for addressing citizen grievances.What is discussed in this report is whether or notthe internet as a platform for “people’s power” canbe the panacea to fill this wide gap.Citizen’s charter and a grievance redressmechanism in IndiaThe struggle against corruption in India started in1968 through the introduction of various bills (suchas the Citizen’s Ombudsman Bill). Borrowing fromthe legacy of the British experiment, India has beenmaking steady strides towards developing andreorienting policy goals that ensure citizen-centricgovernance. In 1994, consumer rights activists forthe first time demanded a citizen’s charter for healthservice providers at a meeting of the Central ConsumerProtection Council in Delhi. In this context,the first model of public service was developed in1997 when it was mooted by former Prime Minister2 censusindia.gov.in/Data_Products/Library/Post_Enumeration_link/No_of_Villages_link/no_villages.html3 The Panchayat is the basic unit of administration in India.en.wikipedia.org/wiki/Panchayati_raj122 / Global Information Society Watch

I. K. Gujaral as part of the Action Plan for Effectiveand Responsive Government. This laid out thefoundation for the nodal agency, the Departmentof Administrative Reforms and Public Grievances(DARPG), that operationalised the citizen’s charterin all major central-level ministries, departmentsand nationalised public-sector units.Starting with central-level ministries anddepartments (such as Indian Railways, the Departmentof Public Distribution, and the Departmentof Telecommunications), by April 2006 4 the centralgovernment had formulated 779 citizen’s chartersengaging various state agencies, governments andadministrations of the Union Territories. Based onthe UK model, DARPG emphasised the involvementof consumer organisations, citizen groups, andother stakeholders in citizen rights in order to focusthe documents on the needs and requirementsof end-users. As the DARPG’s Citizen’s Charters: AHandbook puts it: 5These charters were to include first, standardsof services as well as the time limits thatthe public can reasonably expect for servicedelivery, avenues of grievance redressal and aprovision for independent scrutiny through theinvolvement of citizen and consumer groups.However, a closer examination of India’s experimentreveals that this programme made no difference inaltering the state of public administration in generaland public service delivery in particular. A studyconducted by the Indian Institute of Public Administration(IIPA) in 2008 6 concluded that besidesenjoying a symbolic value, many charters werenon-existent and outdated, and invisible within theorganisation as well as in the public domain.To align public service performance with citizens’expectations, in 2006 the government adopted the“Sevottam model”, 7 which recognises and encouragesexcellence in public service. For the first time,in 2009, the Sevottam framework was implementedin 10 departments, including the department of post,department of railways, the passport and pensionoffice, those for food processing, corporate affairs,the CBEC (Central Board of Excise and Customs ),the CBDT (Central Board of Direct Taxes), KendriyaVidyalaya Schools and the Employees ProvidentFund Organisation (EPFO). This was the first timethat quality management of public service delivery4 goicharters.nic.in/ccinitiative.htm5 goicharters.nic.in/cchandbook.htm6 darpg.nic.in/darpgwebsite_cms/Document/file/IIPA_Report_Citizen_Charter.pdf7 darpg.nic.in/darpgwebsite_cms/Document/file/Sevottam_Model.pdfbecame an avowed goal of the government, layingdown benchmarks for effective and responsive servicedelivery based on citizen’s charter excellenceand public grievance redress mechanisms.Path-breaking citizen’s charter lawsin Indian statesDespite the less-than-effective central-level citizen’scharter mechanism implemented by DARPG, stategovernments took the lead by enacting their own lawsensuring services to the people, thereby realising theconcept of citizen’s charters as legally enforceablepublic entitlements. Madhya Pradesh and Bihar werethe first two states to enact laws for the timely deliveryof public services, mechanisms for redress ofgrievances caused either by administrative inactionor delayed action, and the imposition of fines to penalisenon-compliant and negligent officials.The pioneering Madhya Pradesh Public ServicesGuarantee Act 2010 8 seeks to improve administrativeefficiency in key public services, including theissuing of birth, death and caste certificates andpension schemes, amongst others. The state governmentalso made provisions for the impositionof fines to penalise officials, ranging from INR 250(USD 4.6) to INR 5,000 (USD 92.47) 9 per day. In thisway it hoped to check delays in the provision ofservices, amongst other factors inhibiting servicedelivery to the people.The State Government of Bihar also joined inthis push for accountability and transparency byenacting a similar law, the Bihar Right to PublicServices Act 2011, which seeks to transform thepublic service delivery model. The act initially covered10 departments providing 50 public servicesto the people. Like Madhya Pradesh, Bihar alsoallowed for governance services such as the issuingof ration cards, the redress of land grievancescaused either by administrative inaction or delayedaction, and so on. Both these initiatives underscorethe demand for central- and state-level legislationthat formalises the citizen’s charter framework.Institutionalising the right to public servicesthrough the internetIn an effort to formalise the right to public servicesas the essential first step towards overhaulingthe public service delivery system, a number ofinitiatives are being taken by the government toincorporate citizens’ concerns in the formulation8 www.mpinfo.org/mpinfonew/english/articles/2010/291210Sandarbh14.asp9 Exchange rate as per date of writing: 1 USD = 53.87 INR ( www.xe.com/ucc)INDIA / 123

of policy as well as when it comes to maintainingthe quality and reliability of services. This canbe achieved using various tools; for example, theelectronic delivery of government services andmechanisms for citizen grievance redress can cutout the major paperwork and administrative bottlenecksthat plague service delivery.Electronic governance or e‐governance is consideredan effective tool for improving governanceservices to ensure transparency and bring aboutaccountability. One of the most important effortsat bringing all government departments togetheris the national portal, India.gov.in, launched by thegovernment in 2005, which aggregates content fromover 5,000 government websites. 10In a major push towards providing e‐governanceservices in rural regions, the central governmentlaunched the Common Services Centres (CSCs) programmein 2006 11 with the aim of setting up 100,000centres in rural areas across the country. The projectis enabling rural citizens to access real-time informationand various e‐governance services such asthe payment of electricity and water bills, birth anddeath certificates, and numerous application forms.In November of the same year, the Central VigilanceCommission (CVC) issued a circular askingall public departments to put all of their forms ontheir websites in downloadable formats in an effortto minimise personal contact with officials, whichwas considered a breeding ground for corruption.To make it more effective and transparent, the CVCalso launched a President’s Secretariat Helpline 12so that the public could easily approach them withrelevant information (supported by proof) whenseeking redress for grievances.In 2007, a web-based portal, the CentralisedPublic Grievance Redress and Monitoring System(CPGRAMS) was launched for lodging complaintsonline. Since then, the portal has connected all ministriesand departments of the government, alongwith about 6,000 subordinate organisations. 13Various state governments followed in speedingup the implementation of their e‐governance models,such as Andhra Pradesh, which launched AP Online(Andhra Pradesh Online) for improving the government-citizenand government-industry interface;the Rajasthan government launched Vikas Darpan(“mirror of development”), and states like MadhyaPradesh, Kerala and Tamil Nadu launched single-windowplatforms for delivering public services.10 Guidelines for Indian Government Websites.11 www.csc-india.org12 helpline.rb.nic.in13 PRS Legislative Research. www.prsindia.orgMaharashtra was the first state to make itbinding on government departments to providetimely e‐services. Through its Maharashtra MandatoryElectronic Delivery of Public Services Act2010 (MMEDPS Act), the state tried to eliminateintermediary officials by providing direct, easy-toaccessgovernment-to-citizen services. Focusing onthe use of ICTs in the delivery of public goods, thedraft Electronic Service Delivery Bill was presentedby the central government parliament in 2011. Underthe bill, the government has set out a five-yeardeadline for all public services to develop platformsfor online transactions. This includes mechanismsfor online complaints that establish penalties to officialsif they fail to comply with the provisions.In this context, it was felt that a rights-basedapproach should be followed by making the citizen’scharter statutory and giving the public theright to receive delivery of services within stipulatedtimelines.In 2011, the government reintroduced the Citizen’sCharter Bill in the form of the Right of Citizensfor Time Bound Delivery of Goods and Services andRedressal of their Grievances Bill, which clearlyoutlines the responsibilities of government departmentstowards citizens. The bill sets up a centralpublic grievances commission and an equivalentin every state. It also gives authority to governmentdepartments to publish a citizen’s charter thatclearly lists all the services that the departmentshave to provide, along with timelines. The bill furtherprovides for a “grievance redress mechanismfor non-compliance with the citizen’s charter”. However,the bill is yet to be approved by the centralgovernment.Action stepsIndia is said to have the third-highest number ofinternet users in the world, with some 100 millioninternet users and around 40 million users accessingthe internet through their mobile phones. Andthe number is still rising. At this rate there is growingscope to streamline public services and addresscitizen grievances. Some of the recommended actionsare:• Essential public services, public utility services,and programmes such as public distributionsystems, midday meals in schools, health carefor pregnant women, etc., should be integratedonline for better implementation, managementand impact.• Along with catering to the needs and interests ofspecific users and being clear about the commitmentsto each of them, clear specifications about124 / Global Information Society Watch

the timeframe for the delivery of specific servicesonline, and the government level at whichthey will be delivered, should be mentioned onthe state website or on pgportal.gov.in.• Moreover, to help citizens raise their voices online,it is necessary to share the service deliverystandard commitments and information withthe public. Clear information about processesand procedures to access these services shouldbe publicly available, with information aboutthe specific levels at which these services canbe found.• Information on public services must contain detailsof procedure and avenues for addressingpublic grievances. This will help citizens venttheir grievances and allow government agenciesto initiate speedy corrective action. In addition,the timeframe for redressing public grievances,including an acknowledgement of receiptof complaints, should be given on the specificwebsite where the complaint was filed.• A periodic and systematic review of all publicgrievances should be undertaken by a publicbody or commission established for this purpose.It should mention the details of thecomplaints, the procedure for addressing thegrievance, and the result of the complaint publiclyon their website.• In the era of Web 2.0, there is a need to adoptfree and open models of knowledge that ensureprotection against undue commercial influenceover the free flow of information and knowledge.• There are 245,500 Panchayats (village councils)in India, each covering two to four villages. EachPanchayat office should be internet enabled sothat they can be used as Public Citizen Offices(PCOs) to redress grievances at the grassroots.• Mobile technology can be used to address thegrievances of students at schools (1.5 million),universities (196) and colleges (8,111).• Finally, there is a need for a mobile toll-freenumber that offers to answer everyday citizenquestions about government services.The deployment of IT infrastructure to provide publicservices will help with “last mile” connectivity– one of the most difficult stumbling blocks whenproviding access to citizens. Exploiting the risingnumber of internet users and platforms such asmobile phones can assist in empowering citizens.Delivering services using ICT infrastructure will havea dual outcome: it will fulfil citizens’ needs and alsoreduce the number of grievances by doing this. Thiswill also cut down corrupt practices and build trustamongst citizens towards public agencies. Eventuallythis will make the government more responsive,and bridge the gap between citizens and the administration.In this way, India will achieve the “publicgood” it aspires to. nINDIA / 125

IndonesiaNo ROOM FOR BROKEN PROMISESin AN ONLINE INDONESIAEngageMediaYerry Nikholas and Alexandra Crosbywww.engagemedia.orgIntroductionThis report focuses on one way citizens are beginningto use online video to demand transparencyand accountability in the Indonesian democraticprocess. It tells the story of the short video “Bupati(Tak Pernah) Ingkar Janji”, or “Regents (Never) Lie”,by Bowo Leksono, published on engagemedia.orgon 20 March 2012. This video was produced by theCinema Lovers Community (CLC) of Purbalingga,Central Java.The video focuses on the real situation for citizensunder the governance of the current regent ofPurbalingga, Heru Sudjatmoko. It has been usedin a local campaign to compare the policy actionsand election promises of the elected representatives.The video has won a number of awards andcreated an immense amount of political discoursein a country where corruption has been the norm fordecades. The campaign has been integrated withother online tools and spread nationwide. Similarmethods look to be an integral part of the 2014 nationalelections in Indonesia.Corruption, collusion and nepotismIt has been 14 years since the end of Suharto’sdictatorship and the beginning of “Reformasi”(Reformation) in Indonesia. One of the boldest demandsof Reformation was to end the widespreadpractices associated with corruption, collusion andnepotism, recognised by Indonesians under theacronym of KKN (Korupsi, Kolusi, Nepotisme), andmost clearly associated with the Suharto family’spolitical practices.With Reformation came a period of transitionwith evidence of a more open and liberal politicaland social environment. Since the first election ofa post-Suharto government in 1999, people insideand outside Indonesia have been watching carefullyto see if the ingrained culture of KKN couldbe eliminated from the democratic process. Anticorruptionlaws, namely Law No. 31 (1999) and LawNo. 20 (2001) on the Eradication of Corruption, aswell as Law No. 28 (1999) on Corruption-Free StateGovernance were passed. Indonesia also ratifiedthe UN Convention against Corruption in 2006.Reformation also significantly transformed the1945 Constitution. One of the fundamental changesis related to the election of regional leaders: governors,regents and mayors. During Suharto’s rule,regional leaders were chosen by local parliaments.The enactment of Law No. 32 (2004) on regionalgovernment meant that the election of regionalleaders was changed to direct election, which giveseach resident the right to vote for their local leader.Now, almost eight years after its implementation,the effectiveness of this law is being questioned.Despite direct election, local leaders are not keepingtheir promises. 1 Many Indonesians claim thatthe way campaigns are run, based on corrupt businessdealings, is still not democratic, and producesleaders similar to those during the “New Order” ofthe Suharto regime. 2Many cases of electoral fraud in direct electionshave been uncovered; physical violence and intimidationstill occur around local elections; riots oftenoccur in certain regions when there are particularlycontentious campaigns; and vote buying oftentakes place in almost all regions. 3 The nationalgovernment this year proposed a bill to change theprocess of local elections, taking it back to indirectelection through local parliament. 4 This issue hasattracted much debate, not only among politiciansbut also among citizens who still feel they do nothave a say in their leadership.The Cinema Lovers Communitydemands accountabilityOne way young people are using technology toparticipate in this complex issue is through onlinevideo. One group, the CLC of Purbalingga, isdemanding transparency and accountability by1 www.engagemedia.org/Members/clc_purbalingga/videos/Bupatitak-pernah-ingkar-janji.mp4/view2 Pradhanawati, A.(2011) Kekerasan Politik Dan Kerusuhan SosialDalam Pemilukada, Forum, 39(2).ejournal.undip.ac.id/index.php/forum/article/view/31513 Somba, N. D. (2012) Four dead, Tolikara in chaos as rivalsriot in regency election, The Jakarta Post, 21 February. www.thejakartapost.com/news/2012/02/21/four-dead-tolikara-chaosrivals-riot-regency-election.html4 Faiz, P. M. (2011) Defending the Direct Gubernatorial Electionin Indonesia, Law Journal, 9 May. faizlawjournal.blogspot.com.au/2011/05/defending-direct-gubernatorial-election.html126 / Global Information Society Watch

combining video evidence of campaign promiseswith the stories of people affected by those promises.The CLC Purbalingga was formed in 2006 andholds an annual film festival that is not only aboutscreening new local work, but also includes workshopson documentary filmmaking, researching andcreating video databases. It has a broad network ofyoung artists, activists and students in Purbalinggacity and includes around 15 independent film/videoproduction houses.The CLC also runs a programme called “A Gift forOur Beloved City” which is about celebrating theircity’s anniversary. In 2010, with the rising debatearound local elections, they invited proposals forfilms that engaged with the topic of local governmentpolicies.In 2010, the CLC began the production of“Regents (Never) Lie”. The filmmaker obtained documentationfrom a number of cameramen coveringthe 2010 election campaign. This footage showedthe then-candidate for regent voicing a range ofpromises.The video is structured around these promises,beginning with “Promises for Workers”, and concludingwith “Promises for the Environment”. Thesoundtrack brings together local folk, punk andhip-hop musicians whose lyrics also point out thediscrepancy between political promises and reality.The CLC conducted research for one year after theelection, which revealed that none of these promiseshad been kept. They found evidence of a lackof change for everyday people, despite dramaticpolitical rhetoric. The touching stories of a numberof workers of Purbalingga, whose voices are rarelyheard during election time, show that these electionpromises have little to do with real change inpeople’s lives.Purbalingga is home to a large number offoreign-owned factories that make it the biggestmanufacturer and exporter of wigs and mannequinsin Indonesia. Of the 30,000 workers in these factories,90% are female, according to 2009 data fromthe Purbalingga Department of Labour. Many ofthese workers leave school to work in the factories,and up to 30% of them do not receive the standardminimum monthly wage for Purbalingga, which isIDR 818,500 (USD 90). While the regent promisedincreased wages if elected, many workers in Purbalinggastill survive earning well below this minimum.Those who appear in the video say they earn onlyIDR 100,000 (USD 10) every two weeks. These areamongst the lowest paid workers in Indonesia.In a concurrent project, the CLC helped groupsof Sukasari high school students in the subdistrictof Kutasari to conduct research on workingconditions, and these students found that most ofthe mannequin factories in nearby areas were usingunderage workers. This research became the foundationof another CLC video called “Mata Buruh/Workers’ Eyes”. 5To give these videos the necessary platform tocriticise local government openly, the CLC hostspublic screening events, showcasing local cultureand opening political discussions. “Regents(Never) Lie” was screened widely in local cafés, atschools, and in makeshift open-air cinemas. TheCLC organised discussions, sent thousands of textmessages, posted on social media, and blogged furiously.6 Soon after, pro-democracy activists acrossthe nation became interested in this as a model forencouraging citizens to demand transparency fromtheir politicians.Purbalingga’s stories circulateThe CLC’s audience is made up of followers notonly in Purbalingga, but also nearby cities likeCilacap and Purwokerto. The collective has beensteadily building this following since they first createda mailing list in 2006. The list quickly becamepopular in Jakarta, where many people from Purbalinggaand other places in Central Java have movedto work. The mailing list, which circulates a lot ofinformation in the local Central Java dialect as wellas Indonesian and focuses on local political issues,enables the CLC to organise at a national level. CLCvideos are regularly screened in Tangerang, a workers’area of Jakarta, for instance. In addition, theCLC now runs a Facebook group that has over 700members.By December 2011, after the video had been incirculation just a few months, the regent was forcedto respond to its popularity. He sent a text messageto the filmmaker, Bowo Leksono:Thank you for this exposure which is tendentious.If you are acting in good faith, I thinkyou can leave those who feel they have nothad “promises” fulfilled to communicate to medirectly. But if you have any other intention, ofcourse that is another story. And if that is so,please just come forward. Thank you.When the CLC launched the video, they expectedsome degree of negative reaction from the localgovernment, but not constant surveillance. CLCmembers say that members have been closelymonitored by the police. By the end of December5 clc-purbalingga.blogspot.com/2011/12/dokumenter-buruhdibawah-usia.html6 clc-purbalingga.blogspot.com.auINDONESIA / 127

2012, although the film was not officially banned,the police had begun intervening in its distribution.A community screening in Purbalingga was shutdown by local police officers, who said that the CLChad not gained permission for a public event (officialpermission for such a screening is rare, yet itsrequirement is often used by authorities to controlparticular gatherings in Indonesia). 7With the video, the CLC has gained access toa wider advocacy network. Now anti-corruptionNGOs like Indonesian Corruption Watch help theCLC to screen their videos. Since early May 2012,in response to the video, the Forum for PurbalinggaCitizens against Corruption, Collusion and Nepotism(FWPB KKN) has gathered together severalcivil society organisations to create an organisedanti-corruption movement in Purbalingga. The politicalsituation in Purbalingga is now becomingmore heated, and mainstream media, such as newspapersand online news media, are digging into theallegations of corruption against the regent.These efforts connect with other anti-corruptioninitiatives leading up to the 2014 election in Indonesia.For instance, a recently launched website,korupedia.org – a conflation of “korupsi” (corruption)and Wikipedia – is acting as an onlinereference tool on the history of corruption, mostcontroversially, by naming corruptors convictedunder one of Indonesia’s many anti-corruption oranti-bribery laws put in place since the end of theNew Order. The website was created by a coalitionof prominent anti-corruption figures and NGOs aswell as the technology advocacy group AirPutih. 8 Itgathers background information about individualsconvicted of corruption across Indonesia. Activistssay that this website will help educate people byproviding more data and knowledge about corruption.There is not enough awareness of corruptioncases in Indonesia, and cases are quickly forgottenafter those found guilty serve light sentences. Manyof these corrupt politicians are planning to run inthe 2014 national elections. Every corruption caseis shown as a red dot on korupedia’s map, not surprisinglywith a high concentration in central Java.Politicians in Purbalingga and elsewhere are keento keep their names off this site.The government has been forced to respond,and, recently, the regent signed an “integrity pact”for the eradication of corruption, collusion and nepotism.9 The pact states that all government officialswill only accept earnings from honest activity. Whilethis pact is more like a moral code than a bindinglegal agreement, the media has publicised it widely,and it is unlikely to be forgotten in the campaigns ofthe 2014 election.ConclusionCorruption is still widespread in Indonesian politics.Data presented by the Commission of CorruptionEradication (KPK) shows that there are ten governorsand 158 mayors or regents, currently in office,who have been convicted for corruption. 10“Regents (Never) Lie” was screened in July atthe 2012 South-to-South Film Festival in Jakarta toan enthusiastic audience. Festival directors statedthat it was one of the strongest demonstrations ofhow technology can contribute to activism. 11 Hopefully,it is just the beginning.Action steps• Watch the video with English subtitles at EngageMediaand share: www.engagemedia.org/Members/clc_purbalingga/videos/Bupati-takpernah-ingkar-janji.mp4/view• Support community filmmakers.• Contribute to the subtitling of Southeast Asiansocial justice videos. Join the EngageMedia subtitlingteam at www.universalsubtitles.org/en/teams/engagemedia• Share this video with anti-corruption NGOs. n7 Priyatin (2011) Film Dokumenter 'Terpanas' Tahun 2011 ‘Bupati (TakPernah) Ingkar Janji’, KOMPAS Forum, 28 March. forum.kompas.com/nasional/72968-film-dokumenter-terpanas-tahun-2011-bupati-tak-pernah-ingkar-janji.html8 airputih.or.id9 Finesso, G. M. (2012) Bupati Tanda Tangani Pakta IntegritasAnti-Korupsi, KOMPAS, 15 March. regional.kompas.com/read/2012/03/15/1640566/Bupati.Tanda.Tangani.Pakta.Integritas.Anti-Korupsi)10 Ibid.11 Indrasafitri, D. (2012) SToS 2012: Movies, meetings and more,The Jakarta Post, 25 February. www.thejakartapost.com/news/2012/02/25/stos-2012-movies-meetings-and-more.html128 / Global Information Society Watch

IraqTwo CASES of CORRUPTION IN a NATION DIVIDEDRichmond, The American InternationalUniversity in LondonJohn ChuaIntroductionIraq is divided into two administrative zones: thesemi-autonomous Kurdish north with its own regionalgovernment, and the rest of the country ruledfrom Baghdad. Corruption in Iraq should thereforebe examined from two sides. By focusing on tworecent developments – the increasing difficultiesfaced by the Commission of Integrity (COI) as a nationalbody that tackles corruption and the apparentsuicide of Zana Hama Salih, the former mayor ofSulaimaniyah in Iraqi Kurdistan – we can better understandthe pervasive nature of corruption in Iraqat both national and regional levels as well as theproblems in using ICTs to fight corruption.With regards to ICTs, for the COI, the Commissionhas established an online system whereby ordinarycitizens can report on corruption they have witnessed.In the case of Mayor Salih, his death comes in the wakeof Kurdistan’s version of the Arab Spring, with some ofthe country’s online and social media now speculatingabout alleged official involvement in his death.In 2011 the Transparency International CorruptionPerceptions Index ranked Iraq 175 out of 182countries evaluated. 1 The new ranking was a slightimprovement over previous years, with the countryhaving been annually placed within the bottom fivenations from 2006 to 2010. 2 Iraq is now tied in theeighth spot with Haiti.Iraq’s Commission of Integrity was establishedin 2004 as an independent governmental bodywith the primary purpose of fighting corruption ona national level. Formerly named the Commissionon Public Integrity, the body was created by thedissolved Coalition Provisional Authority and enshrinedin the Iraqi constitution.Since its founding, however, the COI has facedincreasing levels of difficulties, from changing leadershipand legal challenges to harassment and thebombing of its office in December 2011. The problemsthe COI faces reflect the pervasiveness of corruption1 www.transparency.org/research/cpi2 www.transparency.org/research/cpiat all levels of society and its crippling effect on thecountry. As a national authority, the COI referred1,088 cases of corruption to the courts in just the firstthree months of 2012. 3 However, none of these caseswere in Iraqi Kurdistan, which has its own regionalgovernment, judicial system and security forces.Meanwhile, the mysterious death of the formermayor of Sulaimaniyah, Zana Hama Salih, while underarrest in April 2012, is a case study of corruptionat the regional level, specifically in Kurdistan, outsideBaghdad’s control.As these two case studies illustrate, Iraq faces adifficult if not perhaps untenable political positionin the split between the Kurdish north and the restof the country.Two regions, but one pervasivecorruption problemThe semi-autonomous Kurdish area was one of theby-products of the first Gulf War when the UnitedNations declared a no-fly zone across the north,providing the Kurds a measure of protection againstSaddam Hussein’s forces. Since the early 1990s,Kurdistan has been able to develop separately fromthe rest of Iraq, establishing its own armed forcesand parliament, as well as judicial and politicalsystems. With its huge energy reserves, Kurdistanis able to use its wealth to develop economically.Visitors to the region will be able to see gleamingtowers, luxury cars and a mostly peaceful existence.Its regional capital Erbil aspires to be the nextDubai. 4 In the years following the 2003 invasion bycoalition forces, Kurdistan never saw the level of violenceand civil war experienced in the rest of Iraq.Across Iraq in 2006, during the height of thesectarian conflicts, an average of 2,382 people diedeach month from bombs, suicide attacks, gunshotsand executions. 5 Although violence still continues,there has been a huge decline in these deaths since2006. Iraqbodycount.org, which uses actual verifiablereports of non-combatant (civilian) deaths, listsonly 300 people having died in a similar manner inthe entire month of April 2012. 63 www.iraq-businessnews.com4 www.guardian.co.uk/commentisfree/2010/may/05/kurdistannext-dubai-iraq5 www.iraqbodycount.org/database6 www.iraqbodycount.org/databaseIRAQ / 129

But corruption is now seen as rivalling terrorismin terms of a threat to the stability of Iraq. InFebruary 2012, Iraqi Prime Minister Nouri al-Malikiannounced that corruption within governmentalcircles is a threat equal to terrorism. 7 In theory,therefore, al-Maliki should be seen as a supporterof the work performed by the COI. However, inpractice, he has been at odds with the COI’s leadershipand agenda. Whether in the Kurdish north,Sunni Arab centre, or Shiite south, corruption is anendemic problem, and perhaps it will take the collectivewill of all the people to begin true reform.Indeed, protests online and in the streetagainst official corruption was one of the causes ofKurdistan’s version of the Arab Spring in 2011. Oneof the primary gripes against the ruling tandem ofthe Kurdistan Democratic Party (KDP) and PatrioticUnion of Kurdistan (PUK), the two primary politicalparties in Iraqi Kurdistan, is that their hold onthe political, economic and social fabric of the regionis so strong that corruption is woven into thesystem.The Commission of IntegrityAt the national level, the work of the COI over the lastseven years represents a mixed picture of successesand failures. The COI is potentially the greatestsingle entity that can stem corruption in Iraq withthe help of ordinary citizens and the internet.However, one of the biggest problems for usingthe internet to fight corruption is the fact that onlineaccess, while growing rapidly, is still only availableto a small segment of the population in Iraq. Thelatest available data (2010) revealed that only 2.5%of the population uses the internet and an insignificantnumber of people have permanently wiredbroadband connections. 8 It is likely that growth ininternet usage would come from increasing mobileinternet access via smartphones and portable devices,as Iraq lacks phone and cable lines commonin other countries.Despite this lack of access, the COI is not shyin encouraging citizens to report corruption. On itswebsite, the COI lists email addresses and phonenumbers for its many bureaus across the country(except for areas within Kurdistan). 9As mentioned above, the COI referred 1,088cases to the courts in just the first three months of2012. According to the COI’s investigations in recentyears, the Iraqi Defence Ministry had the most staffmembers accused of corruption while the Ministry7 english.alarabiya.net/articles/2012/02/01/191870.html8 www.itu.int/ITU-D/ICTEYE/Indicators/Indicators.aspx9 www.nazaha.iq/en_news2.asp?page_namper=e4of Interior and Ministry of Municipalities and PublicWorks were second and third respectively. 10However, despite its many successes, the COIhas been under assault from all quarters since itsestablishment in 2004. Its first leader, Judge RadhiHamza al-Radhi, resigned in 2007 and took up politicalasylum in the United States after death threatsand pressure from al-Maliki’s office. His enemiesdeemed him too aggressive in pursuing suspectedcases of corruption 11 –under his administration, theCOI had revealed numerous egregious incidents.In a report to the US Congress, for example, he detailedhow the Health Ministry was controlled by amilitia that stole hospital supplies to buy weaponsto fight against the Americans. 12A more recent chief of the COI also left in 2011under pressure. Rahim al Ugaeily resigned as headof the COI on 10 September 2011 citing political interferencein his bureau’s investigation. The COI wasinvestigating members of al-Maliki’s political party,in addition to other politicians. 13 Another formerhead of the COI, independent Member of ParliamentSabah al Saadi, railed against the removalof Ugaeily from the commission. Saadi claimed al-Maliki was forcing Ugaeily to create false dossiersthat would implicate al-Maliki’s political rivals. 14 ForSaadi’s outspokenness, however, al-Maliki’s alliessought to take away his parliamentary immunityand have him arrested. 15 Cross-party accusations ofcorruption and misdeeds are one way of eliminatingpolitical rivals. In December 2011, al-Maliki accusedthe Sunni vice president, Tariq al Hashimi, of runningan assassination team. Hashimi fled to theKurdish north, outside Baghdad’s reach, where hehas the protection of the Kurdish leadership. 16Indeed, while the COI was created to be an independentcommission, various political factionsover the years have sought to control it. In 2011, theSupreme Federal Court placed the COI under the supervisionof the Council of Ministers. 17 Currently theCOI’s chief must be appointed by the prime ministerand will hold ministerial rank. 18 These administrative10 www.niqash.org/articles/?id=280411 www.nytimes.com/2007/09/07/world/middleeast/07iraq.html12 www.abajournal.com/news/article/eliot_ness_of_iraq_wins_asylum13 www.thenational.ae/news/world/middle-east/al-malikis-criticsfear-for-their-safety-after-threats14 news.antiwar.com/2011/09/12/resigned-iraqi-official-criticizesmalikis-power-grabs/15 www.thenational.ae/news/world/middle-east/al-malikis-criticsfear-for-their-safety-after-threats16 www.nytimes.com/2011/12/23/world/middleeast/explosionsrock-baghdad-amid-iraqi-political-crisis.html17 www.niqash.org/articles/?id=280418 www.nazaha.iq/en_news2.asp?page_namper=e2130 / Global Information Society Watch

changes might well mean the COI could eventuallylose its bite and become a political tool of the PrimeMinister’s Office.This is because despite the many complaintsthat could come to the COI’s office by email or phone,it is ultimately the COI that decides which cases topursue. Indeed, the COI has itself also been accusedof corruption and many of its employees havebeen exposed and prosecuted. 19 The COI, however,suffered its greatest assault when a bomb hiddenin an ambulance went across security barriers andexploded outside its offices on 22 December 2011,killing 23 people. It was Baghdad’s deadliest day inover a year, as a series of well-placed bombs killedat least 63 people and wounded 185. 20The role of the media and internetThe struggles of the COI are symptomatic of corruptionand problems at the highest levels ofgovernment. While numerous online pundits andcommentators have discussed these issues, scantinternet usage also means that the audience forthese discussions is small, mostly only educatedmiddle-class Iraqis or elites.Whilst television and newspapers remain fairlypartisan, one bright media outlet reaching a widespread of the Iraqi population that encouragesfree speech and criticism is Radio Dijla, Iraq’s mostpopular talk radio station. Broadcasting terrestriallyand via Hotbird satellite, Radio Dijla also has aweb presence where listeners can find webcasts aswell as a smartphone app to hear the programminganywhere in the world. 21Listeners call in during its numerous chat showsto gripe about politics, corruption and whateverelse is on their mind. Founded in Baghdad in themonths following the US invasion, its head officewas destroyed by around 80 heavily armed insurgentson World Press Freedom Day (3 May) in 2007.Radio Dijla subsequently moved its main office toSulaimaniyah in Iraqi Kurdistan to continue its popularbroadcast and programming.The tangled web of corruption in KurdistanThe regional example in this report focuses on onecase of high-level corruption in Sulaimaniyah, oneof the most important cities in the north and thebastion of political activism in Iraq. Soon after theUS invasion, long-time rival parties, the PUK andKDP, organised a truce and began a power-sharingagreement in Kurdistan. This arrangement led toa stagnant state of affairs in the region, wherebycertain political families and their associates continuedto acquire substantial wealth and power.In the spring of 2011, activists in Sulaimaniyah,inspired by their counterparts in the Middle Eastand North Africa (MENA), began daily protestsand occupations of important streets. The protestors,expressing their grievances both online andin the streets, were demanding the dismantling ofthe tandem political system, with rampant corruptionand power concentrated in too few hands. Athird party called Gorran (Party for Change) hademerged to challenge this two-party arrangement.On numerous occasions, the security forces cameout to clash with the protestors and even killedseveral of them.Eventually the protest movement lost its steamwith the crowds going home as the ruling politiciansin the late spring of 2011 agreed to hold formal discussionswith protest leaders. It is in this contextthat the death of the mayor of Sulaimaniyah oughtto be considered.On 8 April 2012 the mayor of Sulaimaniyah,Zana Hama Salih, was arrested by Kurdish securityforces after being asked to provide evidence for acorruption case which first emerged more than sixyears ago. That case involved a land deal worth halfa billion dollars. Mayor Salih was held in detention,accused of having taken a bribe in the propertydeal. His family and many supporters came to thedetention centre to protest his arrest. Six days later,he was found hanged to death while in custody, acase of apparent suicide.The Kurdish online world exploded with accusationsand protests. Salih’s wife spoke to the press,accusing Kurdish officials of arranging his death. 22The family had met with him shortly before he diedand he apparently expressed no psychological distressthat would lead anyone to conclude he wouldsoon kill himself. Instead, as his wife explained,Salih was determined to prove his innocence andhad evidence to show that other officials were implicatedin a corrupt land deal. 23 The speculationsonline suggest that had the judicial case movedforward, Salih would have had the opportunity toexpose corruption among high-ranking officials andhis killing was a way to silence him. 24More than a month after his death and aftera completed investigation, an official report still19 www.niqash.org/articles/?id=280420 www.nytimes.com/2011/12/23/world/middleeast/explosionsrock-baghdad-amid-iraqi-political-crisis.html21 www.radiodijla.com22 www.ekurd.net/mismas/articles/misc2012/4/state6150.htm23 www.ekurd.net/mismas/articles/misc2012/4/state6150.htm24 www.aknews.com/en/aknews/3/301887IRAQ / 131

insists that Salih killed himself. 25 Despite theirlimited audience, Kurdish blogs and social mediapages play a role in keeping his mysterious deathon the forefront of Kurdish political debates. 26 Salih’sfamily appealed to the central government inBaghdad to intervene in the investigation. 27 Whatconsequences his death will have in the future fightagainst corruption as well as in Kurdistan’s relationshipwith Baghdad is still unclear.Conclusions and action stepsThere are a couple of key conclusions one can drawfrom these case studies.Corruption is pervasive at all levels, includingthe highest levels of officialdom. ICTs can be atool for delivering news and messages, and for organisingprotests – but the internet is not yet fullyeffective as a mass medium due to low levels of usageamong Iraqis.The use of ICTs to fight corruption in Iraq cannotbe considered entirely successful, and thereforeas in other countries in the MENA region, activistsusing social media and blogs have to connect withother forms of media to get their messages acrossto a wider audience.Although ICTs are not fully tapped as a tool foractivism, there are advocacy or action steps that canbe taken.Activists using ICTs to fight corruption shouldconsider plans to:• Encourage Iraqis to document corruption wheneverpossible with evidence that can be placedonline.• Not rely on government-led initiatives to fightcorruption. Rather, activists and NGOs shouldcreate their own forms of corruption exposure,in whatever format deemed necessary, to createpublic outrage, which in turn shames the governmentinto action.• Use the internet as a tool, but also connect withother traditional media that can relay and disseminatethe information they place online to awider public.• Realise that most Iraqis do not currently haveaccess to the internet using a computer, andthat if activists want to reach them, they shouldconsider propagating their messages via increasinglypopular smartphones, using appsand other phone tools.• Make fighting corruption a priority because thismalignant force is an obstacle to any progressivechanges that NGOs and activists seek.Activists should therefore connect with the ordinarypublic, encouraging them to see corruptionas a problem that hurts them also. The aim hereis to draw in members of society who normally donot participate in political reform. Only a collectivestance against corruption can change Iraq. n25 www.rudaw.net/english/kurds/4733.html26 kurdishobserver.blogspot.co.uk27 www.rudaw.net/english/kurds/4733.html132 / Global Information Society Watch

ItalyPopular resistance to CORRUPTION IN ITALYNEXA and EurovisioniAndrea Cairola, with support from Juan Carlos DeMartin, Giacomo Mazzone and Arturo Di Corintonexa.polito.it and www.eurovisioni.itIntroductionItaly has widespread corruption, estimated at about60 billion euro by official sources, 1 mostly occurringin the infrastructure sector, public procurement (especiallyin the health sector), the privatisation of stateproperties and utilities, licences for public goods andservices, and real estate development. Italy is one ofthe worst performing European Union (EU) countrieson Transparency International’s Corruption PerceptionsIndex. 2 Furthermore, observers often refer to“legal corruption”, that is to say, resources and privilegesgiven to political parties as well as to electedofficials without any reasonable requirement for minimumaccountability. Such a phenomenon is widelyconsidered by the public as “immoral” and as a hiddenform of corruption, although formally it is not illegal. 3In this context, over the past three decadesall the attempts to eradicate endemic corruptionthrough judiciary actions or popular initiatives havefailed. But in recent years the internet seems tohave offered a new tool and hope to the popular oppositionfighting against corruption – and a uniquepolitical and social movement has formed thanks tothe potential of new information and communicationstechnologies (ICTs) and the web.It all started through the unusual partnershipbetween a science-fiction and internet expert anda popular comedian, resulting in the creation ofwhat became the most popular and influential Italianblog: www.beppegrillo.it. The blog acted firstlyas a powerful catalyst for anti-corruption activism1 Corte dei Conti (National Auditors Office) (2012) Declaration byPresidente della Corte dei Conti Luigi Giampaolino, 17 February.2 Italy is ranked 68th out of 183 countries on the index. www.transparency.org3 La casta. Così i politici italiani sono diventati intoccabili (TheCaste: How Italian Politicians Became Untouchable) is an Italianbook written by Sergio Rizzo and Gian Antonio Stella, twojournalists from the Italian national newspaper Corriere della Sera,detailing the amount of graft and corruption in Italian politics. Itwas published in 2007, and became a bestseller with more than1.3 million copies sold and 28 reprints. The International HeraldTribune described it as a book that “grabs attention by depictingItalian politicians as greedy and self-referential.”and street rallies, involving hundreds of thousandsof participants; and then as a platform for triggeringwhat we could now call an Italian version of thePirate Party: the Five Star Movement (“Movimento 5stelle”). This movement has been created around aprogramme against corruption, and during the latestadministrative elections (May 2012) it becamethe third-largest political entity in the country.Policy and political backgroundHistorically, the massive corruption since WorldWar II (which could count as having important precedentsgoing back all the way to the unification ofItaly in 1861) 4 was mainly due to two factors:• The organised crime rooted in several Italian territories(first of all the Mafia in Sicily, but alsoCamorra, Ndrangheta and Sacra Corona Unita inother regions of southern Italy, and expandinginto a white-collar criminality pervading the moreindustrialised areas of central and northern Italy).Organised crime’s network of power contaminatedboth politics and the public administration,again, against a historical background of contiguitybetween the ruling class and criminalitythat has no parallel in other European countries. 5• The lack of political change due to the fourdecade-longrule by a centre-right coalition,opposed to one of the strongest Communistparties in Western European democracies.In the early 1990s, with the end of the Cold War, awave of judiciary investigations on widespread corruption,named operation “Clean Hands”, sweptaway the previous political setting. However, thispolitical reshuffle did not bring a real improvementin the fight against corruption 6 because the politicalforces that emerged from the change reinstatedthe same bad governance practices of their predecessors.They also embarked on a series of legalreforms of crimes against public administration thatobstructed the work of the judiciary, guaranteeingde facto impunity to perpetrators of corruption,4 Garrone, A. G. (1996) L’Italia corrotta 1895-1996: cento anni dimalcostume politico, Editori Riuniti.5 See, e.g., Scarpinato, R. with Lodato, S. (2008) Il ritorno delPrincipe, Chiarelettere.6 Della Porta, D. and Vannucci, A. (1999) Un paese anormale: comela classe politica ha perso l’occasione di Mani Pulite, Laterza.ITALY / 133

either by decriminalising specific behaviours (e.g.false accounts reporting) or by creating shorterterms under the statute of limitations.The story of www.beppegrillo.it:How it startedOne day in early 2005, two very different personalitiesmet: an internet expert, GianrobertoCasaleggio, and a popular comedian, Beppe Grillo.Casaleggio was CEO of an ICT-savvy web consultancythat had developed a free-to-view onlinetable mapping Italian conflicts of interests in thefinance and private sectors, tracking down crosssectorpositions of individuals sitting on the boardsof corporations, as well as on the boards of theircontrolling companies or banks giving them loans.While Grillo was then a very popular comedian, hehad been excluded from both the public and commercialtelevision stations since he had, during apopular TV programme, outspokenly and ironicallydenounced the endemic corruption in politics. 7 Inthose days Grillo was touring in theatres with ashow denouncing corruption and turbo-capitalism,and also smashing a computer in each performance,portraying it as a tool of globalisation which wasdetrimental to people’s welfare and social justice.2005: The creation of the blogCasaleggio met Grillo and offered him a differentview on the potential of ICTs for social andbehavioural change. Following a reportedly livelydiscussion, Casaleggio convinced Grillo not onlynot to publicly smash computers, but even to useICTs to become a blogger. The blog www.beppegrillo.itwas launched in 2005, soon to become areference for free expression in the claustrophobicItalian media environment dominated by Berlusconi-ownedtelevision stations and by RAI – publicservice television channels under his control – aswell as by a print press heavily influenced by majorcorporate powers. After three years, beppegrillo.itwas the most popular blog in Italy, with an averageof 200,000 thousand unique visitors a day, 8 and one7 In 1987, during the Saturday night TV show Fantastico 7, Grilloattacked the Italian Socialist Party and its leader Bettino Craxi, thenItaly’s prime minister, on the occasion of his visit to the People’sRepublic of China. Grillo cracked, “If the Chinese are all socialists,who do they steal from?” en.wikipedia.org/wiki/Beppe_Grillo8 But these figures are very arguable, because no official measurement ofblogs is currently made in Italy. According to www.beppegrillo.com theblog has more than 5.2 million visitors per month, 80 million visitors onits YouTube channel (second in Italy after RAI in the category of Newsand Politics), 575,000 subscribers on its page on Facebook, 80,000followers on Twitter, and 500,000 subscribers on the mailing list for itsdaily newsletter (according to a post published on 13 April at 14:58).The last available data provided by Technorati in 2008 estimated 7.5million unique visitors per month (250,000 per day).of the most influential blogs according to a rankingprepared by The Guardian. Nowadays, the bloghas more than 620,000 followers on Twitter, and istopping the global social media charts (920,000“Likes” on Facebook) in addition to 95 milliondownloads on YouTube. 92007: Activism moves from the blogto the streetsUntil 2007, Grillo continued to perform in commercialtheatres, and to maintain the blog as a sideactivity and on a voluntary basis. In September 2007,he decided to try mobilising his web followers, andthrough his blog they organised a rally in Italy’s maintowns, called “V-Day”, 10 with the “V” standing forvendetta, vengeance and “vaffanculo” (Italian for“fuck off”). During the rally, Grillo took to the stagein Bologna and projected the names of two dozenItalian politicians elected in the parliament who hadbeen convicted of crimes ranging from corruption totax evasion and perjury. It was estimated that morethan one million Italians participated in this rally.Looking out over the crowd in Bologna, Grillosaid, “We are part of a new Woodstock. Only thistime the drug addicts and sons of bitches are on theother side!” Grillo also used this rally to urge Italiansto sign a petition calling for the introductionof a popular initiative bill for a “Clean Parliament”and to remove members of the Italian Parliamentwho have criminal convictions of any kind from office.He concluded by observing, “We’ve managedto do something that will make history.” And hemay be right, since that was probably the largestpopular rally organised using the internet in Italy.It was followed by a couple of other national ralliesnot organised by Grillo’s movement, but organisedusing the internet and attracting a similar level ofparticipation. One of these was promoted by “PopoloViola” (Purple People) on 5 November 2009to protest against Berlusconi’s control over theItalian media. Several other smaller local eventswere organised using the “Meetup” online socialnetworking portal that facilitates offline groupmeetings in various localities around the world.As part of this trend of activism using the internet,hackers have also produced online tools to supportanonymous whistleblowing in the fight against corruptionand tax evasion.9 Source: Osservatorio Fullsix, May-June 2012, published onPanorama, 1 August, p. 23.10 For an analysis of the media coverage of the event, see Pepe,A. and Di Gennaro, C. (2009) Political protest Italian-style: Theblogosphere and mainstream media in the promotion and coverageof Beppe Grillo’s V-day, First Monday, 6 December. firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/2740/2406134 / Global Information Society Watch

2010: The foundation of a movementIn 2010, Grillo and his online and offline followersdecided to scale up their social and political engagement,and started the Five Star Movement.Grillo said, “The spirit of the Five Star Movementcan be summarised in two words: transparencyand participation, both possible thanks to thediffusion of the internet.” The five stars representthe five basic points of the shared programmedeveloped through online consultation: water,environment, transport, connectivity and growth.Grillo has stated on several occasions that he hasno desire to be a leader and to be elected, butonly to join, using the internet, people who believein ideals like honesty and direct democracy.2011-12: Electoral success for the MovementIn 2011, the first candidates for the Five Star Movementran for office in local elections, chosen usingparticipatory online mechanisms. And the Movementgained the first 30 elected positions in municipal,provincial and regional governing bodies with a percentageat the national level averaging 4% of thevote. Newly elected officials from the Movement piloteda number of online transparency mechanisms,such as sharing administrative working documentson the web, or webstreaming their activities in localelected councils. In May 2012, 101 of the 941 cities inItaly had candidates from the Movement.Grillo said that the main purpose of the Movement’scommitment to participation was to “takeaway money from politics.” And he repeatedlysaid that with no financial gain, “politics becomesabout passion.” In the 2012 local elections, theMovement achieved an electoral high point, witha national average of 10% of the vote – with peaksof up to 60% in some cities, including the electionof the mayor in Parma, a provincial capital. Duringthe writing of this report (mid-July 2012), polls predicteda potential result for the Five Star Movementranging from 10% to 25% in the next parliamentaryelections, to take place in Spring 2013 (if not earlier,because of the economic and political crisis).It is too early to say whether this political successof the Movement will translate into concrete and effectiveactions to address and successfully tackle theendemic corruption. But at least it is an unprecedentedattempt to change established bad practices, anattempt which has been catalysed through the web.ConclusionsThe Five Star Movement is regarded by some foreignobservers as an Italian version of the PirateParty that exists in some northern EU countries(even if there is now a much smaller politicalgroup defining itself as the Italian Pirate Party). Inreality the Five Star Movement has some peculiarfeatures and differences that distinguish it fromthe European Pirate Parties, such as being formedaround a well-known public figure, as well as usingthe issue of fighting corruption in politics as a catalyst.Grillo referred to the Movement as a kind of“hyper-democracy” that has been enabled by theinternet. In a book of essays he co-authored withCasaleggio entitled Siamo in guerra (We Are atWar), they theorised that “with the web the barrierbetween the citizens and the institutions can beovercome,” and that ideas count more than moneyon the internet. The hope is that direct managementby citizens in the public sector will replacethe mechanisms of delegating to elected officials,which has fostered decades of widespreadpractices of corruption. Casaleggio, a science fictionexpert, theorised that there is a sort of warbetween the “old world” and the new connectedworld, and the latter will ultimately prevail, witha public administration managed through a collectiveintelligence enabled by the web, which wouldbe able to minimise corruption and misgovernance.Action stepsThe popularity of an individual artist combinedwith the social networking power of the internetcan be critical assets for aggregating a popularanti-corruption movement. In this case the successalso depended on the blog’s content, which needsto have a groundbreaking quality that meets theexpectations of its readers so that it functions asan effective vehicle for collective action, while it isup to the “followers” to self-organise effectively tocreate concrete political actions and proposals forachieving change.The artist – or any campaign leader – and thesupporters should be ready to be scrutinised intheir personal life, including their earnings, propertiesand private relationships. The popular figureacting as a catalyst and the movement’s elected officialwill have to reiterate publicly numerous timesthat they have no personal interest in the cause,stand to make no personal economical gain, andhave no ambition to destabilise democracy, but thattheir motivation is just to want to honestly improvethings, in the framework of the democratic setting.Activists should be prepared to be attacked bythose who are part of the “old” corrupted system anddo not want change. The enemies of transparencyand the law will attack the personalities to delegitimisethe movement, and they will promote allegedconflicts of interest. Any movement’s members willITALY / 135

e accused of a lack of expertise and knowledge toundermine their claims, as well as of having hiddenagendas and being guided or influenced by others.Activists should be ready to tackle these allegations,again using the transparency enabled by theinternet, which should also be used to create expertise-based,participatory and meritocratic selectionmechanisms for their representatives and electedofficials.Finally, the movement will have to deal withthe precise role – and powers – of the leader of themovement. In the case discussed above, Grillo insome cases appeared to have the last say in importantdecisions and is also the owner of the officialtrademark of the movement. The precise role andpower of Casaleggio is also increasingly underscrutiny within the movement. In other words, thismovement born from the web and now transformedinto a political force is suffering from the typicalproblems of any strong and ethical civil societybasedmovement when it enters into the politicalarena: it finds it difficult to mediate the variousconflicting interests that characterise the politics ofmodern and complex societies. n136 / Global Information Society Watch

JamaicaPromoting online advocacyin JAMAICA’s FIGHT AGAINST CORRUPTIONMona ICT Policy Centre,University of the West Indies, MonaHopeton S. Dunn and Michele D. Thomashopetondunn@gmail.comIntroductionIn 2011, Jamaica received a score of 3.3 (with 0being highly corrupt) on the global CorruptionPerceptions Index published by Transparency International.While the country continues to enjoystable government and growing inward investment,corrupt practices have been reported in the publicand private sectors, with the country being ranked86th of 183 countries surveyed globally. Ranking inthis problematic range has been assigned to Jamaicafor several consecutive years.It is well documented that corruption as well asthe perception of corruption in government and privatesector institutions place a great burden on acountry’s ability to experience social and economicadvancement and to compete ethically and successfullyin the global space. 1 In Jamaica, as withother such challenged economies, various activitiesincluding the forming of advocacy groups andwatchdog institutions, as well as legislative reform,have taken place in the past few years in an effort totackle the issue of corruption. 2The media have come to be regarded as one ofthose sets of institutions with a formidable role incombating corruption. 3 In addition to traditionalforms, new media are now contributing to the democratisationof access to information, as well asits creation, consumption and use for advocacy onsocio-political issues such as corruption. This haseffectively altered the coveted “gate-keeping” andpublic “agenda-setting” roles usually ascribed totraditional media.At the same time, a new relationship is emergingbetween these Web 2.0 media platformsand their traditional media counterparts. While1 Neuman, L. (ed.) (2002) Fostering Transparency and PreventingCorruption in Jamaica, The Carter Centre. www.cartercenter.org/documents/1038.pdf2 USAID (2008) Corruption Assessment of Jamaica. www.acb.gov.jm/pdf/USAID%20-CorruptionAssessmentofJamaica2008.pdf3 Munroe, T. (2011) The Role of the Media in Combating Corruptionand Strengthening Governance. www.cba.org.uk/wp-content/uploads/2012/03/110718_Roleofmedia.pdfnewspapers, for example, sometimes rely on lessencumbered online sources for “cutting edge” newsexposés, the new media entities also often count onthe long-established traditional media institutionsto provide credibility and critical analysis of theirweb-generated news content. This was evident inthe relationship between the whistleblowing siteWikiLeaks and a number of traditional news organisations,including the Jamaica Gleaner. 4It is against this background that this reportexamines the use of online and social media newsoutlets in discussing transparency, new media andgood governance in Jamaica. With the rise of thenetworked economy and the transformational roleof the internet, we have seen a rise in these “newmedia” platforms which challenge the traditionalmodes of media operation while creating opportunitiesto engage in new and innovative ways ofexposing issues of corruption and promoting transparencyand good governance. At the same time,traditional media remain important because of therelatively low levels of internet access, estimated byUniversity of the West Indies (UWI) researchers tobe below 30% for households in Jamaica in 2010. 5Background: Politics and policyThe history of corruption in Jamaica is well documentedthrough qualitative and quantitative studiessuch as those of the Carter Center, the United StatesAgency for International Development (USAID) andthe Caribbean Policy Research Institute (CaPRI).As in many other countries, the linkage betweencorruption and the political culture is well known.Unethical elements within political parties oftenform corrupt partnerships for their mutual benefit,including around issues of contracts and procurement,contributions to political parties, and in thesecuring of needed votes at times of elections. 6Policy and legislative reforms over the yearshave sought to address these issues. These have4 Dunn, H. (2012) ‘Something Old, Something New...’: WikiLeaksand the Collaborating Newspapers - Exploring the Limits ofConjoint Approaches to Political Exposure, forthcoming 2013.5 Dunn, H., Williams, R., Thomas, M. and Brown, A. (2011) The CaribbeanICT and Broadband Survey Jamaica, Telecommunication Policy andManagement Programme, University of the West Indies, Mona.6 Waller, L., Bourne, P., Minto, I. and Rapley, J. (2007) A LandscapeAssessment of Political Corruption in Jamaica, Caribbean PolicyResearch Institute (CaPRI). www.capricaribbean.org/sites/default/files/text/Corruption%20Report.pdfJAMAICA / 137

included the passing of the Corruption (Prevention)Act, 2001, the Access to Information Act, 2002, theProceeds of Crime Act, 2007 and the Protected DisclosureAct, 2011. While the media in Jamaica aregenerally considered to be free, there are worryingissues, highlighted by the national regulatoryBroadcasting Commission of Jamaica, which concernthe practice of “payola” in the on-air musicselection processes, involving broadcast personnelengaging in unauthorised and secret pay-for-playdeals with corrupt artists and music producers tothe detriment of others artists and producers ofhigh-quality music. At the same time, the mediasector plays an important role in questioning governmentpolicies and practices, and radio talk showhosts in particular provide a forum for the avid participationof citizens, contributing to governmentaccountability and transparency. To the credit of thegovernment, the restrictive Official Secrets Act wasreplaced by the Protected Disclosures Act in 2011,thereby enhancing the flow of information throughboth the traditional and new forms of media.Fighting corruption online in JamaicaThe rise in social networks has promoted collectiveaction and campaigning by widening awareness andcreating what has been referred to as a “cognitivesurplus” through increased access and collectivecreativity. 7 There is growing evidence of the impactof the internet in general and social media in particularin exposing corruption in Jamaica. New mediahave helped to provide additional information tokey communities of interest and to the general populationabout issues of accountability and publicprobity. 8 Jamaican and Caribbean society has demonstrateda need for information at a faster pacethan the timeline of traditional news cycles.Both of the major newspapers in Jamaica, theGleaner and The Observer, now have very activeonline editions which facilitate faster and more directinteraction with the part of the population withinternet access. Increasingly, the most importantbreaking news is published online on the websitesof these newspapers before the print editions. Inaddition to websites, traditional media also engagein the use of social media such as Facebook andTwitter to present and discuss issues reported inthe news.7 Shirky, C. (2010) How Cognitive Surplus will Change the World.www.ted.com/talks/clay_shirky_how_cognitive_surplus_will_change_the_world.html8 Bekri, D., Dunn, B., Oguzertem, I., Su, Y. and Upreti, S. (2011)Harnessing Social Media Tools to Fight Corruption, London Schoolof Economics and Political Science. irevolution.files.wordpress.com/2011/05/harnessing-social-media-tools-to-fight-corruption-1.pdfThe case of On the Ground News ReportApart from the traditional media presence, sitessuch as On the Ground News Report (OGNR) havesprung up in recent times in response to this growingtrend of rapid online information consumption.OGNR is an entirely internet-based news providerthat was initially established on Facebook in May2010 as Jamaica’s first social media news network.It was established in response to the perceivedlack of rapid news availability during times ofunrest in Jamaica. 9 The timing of OGNR’s startupis related to a major news flare-up involvingthe eventual arrest, extradition and conviction oflocal gangster Christopher “Dudus” Coke, whowas wanted by the United States (US) for variouscriminal offences. Coke was linked to a range ofcriminal and corrupt networks in the country andwas becoming of increasing international interest,especially for Jamaican diaspora communities inthe US, Canada and the United Kingdom. 10 Duringthis time of great unrest in the nation, OGNR – withits tag line, “Fast, Accurate, Concise Citizens Journalism”– opened up reports on this episode to aglobal online audience, including mainly youngJamaicans and attentive Caribbean citizens in thediaspora. 11 In addition to reporting news from itsonline “reporters” on the ground, it provided accessto news from the traditional media, bothin Jamaica and abroad, including from the NewYork Times, the Guardian newspaper, and TheEconomist.It was estimated that there were about 429,160Facebook users in Jamaica in 2010 and reports indicatethat the number has continued to grow at afast pace. The latest estimate by monitors at SiliconCaribe suggests that just over 690,000 Jamaicanswere on Facebook in 2012. 12 According to InternetWorld Stats, there were approximately 1.58 millionusers of the internet in Jamaica in 2010. 13 This wouldrepresent access by close to half of the nationalpopulation to internet from all sources, includingthe mobile phone and not just in the household.UWI studies in 2010 indicated that the majority of9 Murphy, X. (2010) Interview with the founder of OGNR. www.jamaicans.com/articles/primeinterviews/InterviewOntheGroundNewsReports~print.shtml10 Freedom House (2012) Freedom in the World 2012 - Jamaica. www.unhcr.org/refworld/docid/503c722c2d.html11 Paul, A. (2010) Why is Dudus called Dudus?, Active Voice, 28 June.anniepaulactivevoice.blogspot.com/2010/06/why-is-dudus-calleddudus.html12 Riley, I. (2011) Over 500,000 Jamaicans now on Facebook… ohh yeah!,Silicon Caribe, 23 January. www.siliconcaribe.com/2011/01/23/over-500000-jamaicans-now-on-facebook-ohh-yeah13 Internet World Stats (2010) Usage and Population Statistics –Jamaica. www.internetworldstats.com/car/jm.htm138 / Global Information Society Watch

persons on the internet were those in the 15-34 agegroup and that a great proportion of time is takenup using social networking sites. 14Overall then, both online and traditional newsnetworks provide the opportunity to obtain newsfrom diverse sources, with new media outletsproviding a useful means for engaging in exposingcorruption and helping to build a participatorydemocracy.Online-linked anti-corruption agenciesIn addition to news organisations, a growing groupof anti-corruption entities have emerged in Jamaicaand have some measure of an online presence.Many of these agencies are visible through websitesand portals, online flyers and news releases,debate threads in social media networks such asFacebook, LinkedIn, Twitter and Blackberry Messenger(BBM), and by way of short video clips onYouTube. Some specific Jamaican anti-corruptionentities with an online presence are:• National Integrity Action Limited (NIAL)• Citizens Action for Free and Fair Elections(CAFFE)• Jamaicans for Justice (JFJ)• Office of the Contractor General (OCG)• Broadcasting Commission of Jamaica (BCJ)All five websites provide crucial information andeducation on access and disclosure issues, anticorruptionmeasures, and legislation and practices,while encouraging citizen advocacy. Of the five entitiessurveyed, all but the Office of the ContractorGeneral also have a social media presence on Facebook.The level of participation on the majority ofthese sites is vibrant, suggesting the growing use ofsocial media as a source for information and education,and the agencies’ web presence as emergentspaces for new engagements on corruption andsimilar socio-political issues.News outlets and anti-corruption organisationswith their online presence offer low-cost environmentsand dedicated outlets for the rapid diffusionof information. In the more traditional settings,dissemination is slow, and more rigidly regulated.Further, online environments can be viral in nature,while providing anonymity, aggregation, interactivityand instantaneity. 15 They also offer whatBakshy et al. refer to as the power of “weak ties”14 Dunn et al. (2011) op. cit.15 No Bribe Corruption Free India (2010) Why Social Media Can FightCorruption, 27 May. www.nobribe.org/why-social-media-can-fightcorruptionin a networked society, which have more access todiverse, mutually exclusive and novel information. 16OGNR, for example, did not constitute a networkof Facebook friends, but rather a section of mutuallyexclusive citizens that craved participation inJamaica’s democracy in more rapid and interactiveways. These weak ties allowed for diffusion of informationwhich would otherwise not have spreadso widely. This kind of “fast” online journalism andinformation consumption means that informationon corruption and other activities can get to thepopulace in its original form at a faster rate than thetraditional media could have made it available.At the same time, news entities, whether traditionalor based on social media, all strive to remaincredible so as not to become purveyors of rumouror misinformation. Some of the online outlets facejournalistic and ethical challenges about whatto publish and when. These challenges provokediscussion on how this new form of online journalismoutlets can avoid becoming sources of socialpathologies themselves. They also engender discussionas to whether the traditional ethical codesof media are suitable for these new forms of mediaengagement, or what alternative deontologicalguides will be appropriate. The question remainshow we can ensure the maintenance of ethical andquality journalism which is necessary in the fightagainst corruption while welcoming and encouragingthe growth of new online outlets and the speedydissemination of anti-corruption information andanalyses.ConclusionsThe report examines the growing but still limitedpresence and impact of online sources of informationand news on corruption in Jamaica. It highlightsthe need for expanding online news dossiers oncorruption, including the provision of informationwhich may not otherwise have been made availableto the general public. We also highlight the increasingtendency of traditional anti-corruption agenciesin Jamaica to be more engaged with the citizenry vianew media online.These sources have assisted in filling an information/participationgap in the fight againstcorruption. However, as with other organisationslike WikiLeaks, continued success in exposing issuesof corruption in government and the privatesector will depend to a large extent on the conjointrelationships between the old and new media and16 Bakshy, E., Rosenn, I., Marlow, C. and Adamic, L. (2012) The Role ofSocial Networks in Information Diffusion, International World WideWeb Conference Committee. www.scribd.com/doc/78445521/Role-of-Social-Networks-in-Information-DiffusionJAMAICA / 139

etween civil society organisations and governmentwatchdog agencies. This new media landscape providesoutlets for citizen journalists, often youngpersons who may not otherwise have a voice in thecountry’s quest for democracy. The online anti-corruptionchannels create an invaluable connectionbetween the local community and the global diasporaand provide information to those who do notuse traditional outlets.Social and other online media can function mosteffectively as tools for transparency in national affairswhen there is an anti-corruption legislative andpolicy framework and citizens who demand greaterprobity from their leaders, private sector investorsand activists.Action stepsClearly, the fight against corruption in Jamaica willrequire close partnerships between the private andpublic sector, civil society and the media in all theirforms. It is also clear that social media through theinternet have a real role to play in shaping democracythrough exposure, education, consultation, andby serving as a catalyst for investigation and action.Accordingly, it is recommended that:• Civil society should expand its reach usingemerging technologies and social networksin providing information to the public whileadvocating for increased transparency andaccountability.• Anti-corruption websites and social news mediaoutlets should seek to increase their role andadvocacy both in and out of crisis situations.• Online citizen media should become more activein exposing inept governance practices.• These outlets must continually seek to improvetheir professional quality to reflect the tenetsof good journalistic practices, adapted to thespeed and flexibility of the information age.• New and traditional media should continueto interact as channels of exposure and information,especially in societies where internetpenetration remains limited. n140 / Global Information Society Watch

JordanThe internet: a CRITICAL tool IN EXPOSING CORRUPTIONAlarab AlyawmYahia Shukkeirwww.alarabalyawm.netIntroductionJordan is a small kingdom with less than seven millionpeople in a turbulent region – the Middle East.It is surrounded by big states: Syria to the north,Saudi Arabia to the south, Israel and OccupiedPalestine to the west, and Iraq to the east. Jordanallocates more than 25% of its annual budget tosecurity. In such a turbulent region, the executivebranch of government has relied on the GeneralIntelligence Directorate (GID), best known by manyforeigners as the CIA of Jordan. The GID has beena major player in everything that occurs in thecountry.In such a situation ex-GID General Sameeh Bateekhiused to describe himself as the second manin the country (the first being the King). Bateekhiwas prosecuted by a military committee at the GIDand was convicted of corruption in 1994. He wasput under house arrest for four years, and orderedto compensate the government in the amount ofUSD 24 million. 1 His story was made public by thetraditional media – but since the dawn of the internet,how has it been used in the battle againstcorruption?Policy and political backgroundJordan scores high levels of corruption in TransparencyInternational’s annual reports. Many donors,creditors and investors know from their experienceand from other countries that corruption is amajor hindrance to their goals. Political activists,legislators and young demonstrators who want jobsbelieve that corruption is a big problem in Jordan.Even the King himself has often emphasised in hisspeeches the importance of fighting and reducingcorruption. In these circumstances, and as a politicalgesture, Jordan signed the United NationsConvention against Corruption (UNCAC) on 9 December2003 and ratified it on 24 February 2005.In the same year, it stepped up the fight against1 www.aawsat.com/details.asp?section=4&issueno=8991&article=181201&feature=/details.aspcorruption and adopted, in 2006, the Anti-CorruptionCommission Law 2 which criminalises, inter alia,bribery.As far as the investigation of corruption-relatedoffences is concerned, the Anti-Corruption Commission(ACC) may investigate any corruption case onits own accord or based on information from anyparty. The ACC also has the right to seize property,impose travel bans, and suspend suspects fromwork without pay. While the ACC is a new agencythat only became operational in 2008, it is noteworthythat in the first ten months of 2008 it examined465 cases and transferred 82 cases to the courts orother relevant institutions. In 2009, it examined 834cases and in 2010, 890 cases. 3 The New Amendmentof the Anti-Corruption Commission Law protectswhistleblowers. 4Mandated by this new law, ACC developed aNational Anti-Corruption Strategy for 2008-2012 tocombat corruption and pursue its perpetrators. Themain pillars of the Jordanian legal framework to addresscorruption are the Penal/Criminal Code, theAnti-Corruption Act, and the Anti-Money LaunderingAct.Jordan confirmed the criminalisation of theconduct of illicit enrichment through the FinancialDisclosure Law of 2006, which prescribes criteriafor declaration of assets and sanctions for failureto declare assets. However, the law applies only tohigh-ranking officials.Corruption and the battle with online newsSeveral years after the Bateekhi case, history repeateditself. General Muhammad Dahabi, whoserved as GID director from 2005 to 2008, duringthe time his brother Nader Dahabi was the primeminister of Jordan (2007-2009), was accused ofmoney laundering, embezzlement and exploitationof public office. 5 General Dahabi is implicated in acase involving between JOD 30 million and JOD 50million (USD 42 million to 70 million) during hisservice, and the General Prosecutor ordered his assetsto be frozen.2 www.lob.gov.jo/ui/laws/search_no.jsp?no=62&year=20063 www.unodc.org/documents/treaties/UNCAC/COSP/session4/V1186371e.pdf4 www.lob.gov.jo/ui/laws/search_no.jsp?no=62&year=20065 en.ammonnews.net/article.aspx?articleNO=15657JORDAN / 141

The probe into the allegations in the Dahabicase is part of a wider anti-corruption campaign,an effort that has gained momentum lately underpressure from hundreds of pro-reform protests thathave been calling for an end to corruption in theadministration, and a reopening of old cases wheregraft is suspected. In most protests in Jordan thecommon slogan was “fighting corruption”, and Dahabiis widely accused of candidacy fraud in the lastparliamentarian election.Another high-ranking official who was targetedby online political news outlets is former Chief ofthe Royal Court Basem Awadallah, who came backto Jordan in the early 1990s after his graduationfrom a university in the US.He had quickly ascended to high positions fromdirector of an economic department at the RoyalCourt, to a minister, then to Chief of the Royal Courtitself. Awadallah is seen as a symbol of corruption.Most of the accusations were based on his role asan ex-minister of planning and he supervised theprivatisation process in Jordan. 6Whistleblower site WikiLeaks released a cablesent from US Ambassador R. Stephen Beecroft inAmman to Washington in 2008, which states: “RoyalCourt Chief Basem Awadallah, long an object of anti-Palestinian,anti-reformist anger and resentment,is facing yet another round of malicious gossip andslander designed to compel his ouster. This time,the allegations focused on a guilt-by-associationlink between Awadallah and a human traffickingcase. Despite the fact that Awadallah’s links to thecompany named in the case are tenuous at best, theEast Banker tribal conservative campaign of characterassassination continues.” 7Awadallah was accused by a sub-parliamentariancommittee of corruption 8 and he is now underinvestigation.A famous Jordanian poet, Habeeb Azzyoudi,recently published a poem 9 accusing Awadallah of“selling Jordanian assets and gathering all the evilsof the world early at dawn as he led them in a collectiveprayer.”Political news websites are flourishing in Jordanbecause the “old media” are considered lessfree in reporting corruption and wrongdoing by thegovernment. There are more than 200 political newswebsites, 40 of which have formed a union.The government is still manoeuvring to controlnews websites. Officials use the “carrot and stick”6 www.alarabalyawm.net/pages.php?articles_id=168607 wikileaks.org/cable/2008/09/08AMMAN2673.html#8 www.alarabalyawm.net/pages.php?news_id=3604749 www.sarayanews.com/object-article/view/id/132606/titleapproach to interfere in web news content. One ofthe “carrots” is government advertising, and there aremany examples of how the government and privatesectors use “soft containment” to control the press. 10When the government fails in convincing webnews outlets to register to be able to secure a shareof government advertisements, it uses the “stick”(such as bringing charges against them).Another corruption case raised by web newsoutlets involved the president of the Aqaba SpecialEconomic Zone Authority, Hosni Abu Ghaida, whogranted several contracts worth millions of dollarsto an engineering office owned by his wife. An exprimeminister suspended a development project inAqaba as it violated the law. 11 Abu Ghaida later resignedfrom his post and has yet to be prosecuted.Parliament formed a committee to investigate theaccusation, but finally the committee found thatthere were not enough grounds to prosecute AbuGhaida. 12In April 2011, six men raided the office of Al-Muharrir.net in Amman, beating one employee anddestroying a computer. The men stormed the officeof editor-in-chief Jihad Abu Baidar, threatening tokill him and burn down the workplace if he did notwithdraw an article on an anti-corruption commissioninvestigation of former chief of staff, GeneralKhaled Jamil al-Saraira. 13 Saraira’s family admittedits responsibility and asked Abu Baider for pardon,in accordance with local tribal tradition, and AbuBaider subsequently dropped the case.The latest corruption case which is still under investigationinvolves Waleed Kurdi, the former boarddirector of Phosphate Company, the biggest publiccompany in Jordan. Kurdi is the ex-husband of theKing’s aunt, Princess Basma. Kurdi, who fled to theUK, had paid money to some web news outlets inorder to silence them. The published list of journalistswho received the money through advertisingcontracts includes a paragraph that gives the companythe right to inspect any news related to thecompany that will be published on those websites.Bribing journalists is a well-known phenomenonin many developing countries, including Jordan.General Dahabi was also said to be bribing journalistsso that they attacked his opponents and spikedstories. The General Prosecutor in Amman is investigatingthese rumours following a request from theJordanian Press association (JPA). 1410 www.alarrabnews.com/newsView.php?id=117011 www.alraimedia.com/Alrai/ArticlePrint.aspx?id=6831712 www.alrai.com/article/504835.html13 cpj.org/2011/04/cpj-condemns-attack-on-office-of-website.php14 www.watnnews.net/NewsDetails.aspx?PageID=32&NewsID=42866142 / Global Information Society Watch

Another case which needs more investigationbecause it involves a member of the royal familyconcerns the Jordan Media Institute (JMI). JMI isa private company 15 owned by Princess Reem Ali,the wife of the King’s brother. In 2009 it rented agovernment building, the former location of theHigher Media Council, for the sum of JOD 100(roughly USD 140) annually. When a journalist revealedthis, the lease was raised to USD 300,000per year, but JMI asked the government to waivethis amount.A number of influential persons have establishedwhat is known as a GONGO (government-organisednon-government organisation) to absorb foreignfunds that flow into Jordan. JMI had received millionof euros, US dollars and donations from thesesources. No one has the right to ask where thismoney goes. GONGOs are not accountable to anygovernmental body, even though a GONGO might beinitiated by a government employee.The government thinks that exposing corruptionon web news outlets may negatively affect Jordan’simage abroad, as well as foreign investment. In responseto the new media influence, it has tried topass new laws to control the internet. Under pressureto curb websites which publish reports oncorruption, an amendment was introduced to theAnti-Corruption Law. Article 23 states: “Anyone who(…) attributes to another person without a reasonacts of corruption set forth in article (5) 16 of this lawwhich leads to the abuse of his reputation or hisdignity or assassination of his personality shall beliable to a fine of no less than 30,000 JDs and nomore than 60,000 JDs [USD 42,000-88,000].”Many journalists feel that this article aims tosuppress the freedom of expression and has a chillingeffect on the media. 17 It is worth mentioning thatthe elected Lower House of Parliament has proposeda stiffening of the penalty in the law, but theUpper House of Parliament, appointed by the King,has fortunately rejected the amendments.When the government lost this battle it tried anothertechnique. It drafted a law called “Web NewsRegulations” to control the content of political newsonline. The news outlets attacked the proposed law,which it considered a “test balloon” released by thegovernment to measure the reaction of media outlets.Fortunately, a few days later, the governmentdenied that it was intending to introduce such a law– but still it did not surrender. It recently secured adecision by the Office of the Interpretation of Lawswhich declared that web news outlets were “periodicalpublications” and need to be licensed andregistered. 18 Members of Jordan’s online communityimmediately became concerned that they wouldhave to comply with the registration requirementsand rules of liability for journalists and traditionalnews outlets. (The Press and Publication Law constitutesthe principal tool used by the Jordaniangovernment to control the press.)Access to information, the internet,and corruptionFighting corruption is best handled with the participationof all concerned citizens – but citizenscannot fight corruption without having access toinformation and effective access to the courts forredress and remedy. The internet has a big impacton corruption by making information accessible. USSecretary of State Hillary Clinton highlighted thatthe internet has become the public space of the21st century – the world’s town square. She said thespread of information networks is forming a newnervous system for our planet. 19One of the most important functions of the mediais to keep watch on the abuse of public office andpublic money. This watchdog role is still valid whenit comes to new media – but the media can only contributeto the fight against corruption when they arefree and have the right to access information.The most recent survey on ICT use showed that7.48 million Jordanians – equivalent to 108% of thepopulation – had mobile access in 2011, and 38%had access to the internet. 20 The internet gives citizensa huge opportunity to access the other sideof stories, and to participate in a counter-publicsphere. It also gives people the opportunity to become“citizen journalists” and “newsmakers”.People’s right to know and to access informationare of fundamental importance to any democraticsociety, and to an effective free press. In Jordan, theRight to Access Information Law No. 47 of 2007 (FOI)was enacted on 17 June 2007 – the first of its kind inthe Arab region. The reasons given for this law weredue to the government “realising that freedom toaccess information is the cornerstone to public andpress freedoms. … [I]n order to implement transparencyand encourage a public contribution indecision making, it was important to take executiveand legislative steps toward facilitating the process15 www.albaladnews.info/jordannews/showthread.php?t=4497616 Article 5 mentions the attribution of corruption to public officials.A similar law existed in the US 222 years ago: the Contempt Act of1789.17 alarabalyawm.batelco.jo/pages.php?articles_id=1707718 alarabalyawm.net/pages.php?news_id=36764719 www.state.gov/secretary/rm/2010/01/135519.htm20 www.trc.gov.jo/index.php?option=com_content&task=view&id=2014&Itemid=978JORDAN / 143

Table 1Press freedom and corruption in JordanYear 2007 2008 2009 2010 2011RSF Press Freedom Index 1 122 128 112 120 128Transparency International53 47 49 50 56Corruption Perceptions Index 21. en.rsf.org/press-freedom-index-2011-2012,1043.html2. www.transparency.org/policy_research/surveys_indices/cpiof access to information, for citizens and journalistsas well.” 21 This means that Jordan is committed toadhere to the principles of transparency and rule oflaw.Despite this, Jordan has a long tradition of secrecywhen it comes to accessing information. TheLaw on the Protection of State Secrets and Documents(PSSD) (Provisional Law No. 50 of 1971) isconsidered the main law that suppresses and curbsaccess to information in the country. 22 The civil societyorganisation Article 19 described this law as “anoctopus-like law [that] actually turns all informationin the possession of the State into confidential informationunless publication thereof is authorised.” 23After five years of Jordan’s FOI law, there remainsa need to improve it through several amendments,to raise public awareness of it and to encouragepeople to “test the limits” of the government to seehow it reacts. It will also be a great step forward ifthe Kingdom reforms the PSSD law, which violatesinternationally recognised principles on access toinformation. Without amending this law, FOI will remainan insignificant initiative.The benefits of free media in fighting corruptionare appreciated by many scholars and specialisedNGOs. Transparency International showed in a 1999study that there is a direct correlation between thelevel of press freedom and the level of corruption.The more press freedom, the less corruption. A globalstudy on IT and corruption conducted in 2011indicates that an increase in access to the internetby 20% in any country lowers corruption by 0.60points. This very clearly supports the argument thatthe greater the internet penetration, the lower thecorruption levels. Internet and social networkingsites like Facebook and Twitter are powerful weaponsthat can curb the menace of corruption and leadto greater transparency in public life.21 www.alarabalyawm.net/Public_News/NewsDetails.aspx?NewsID=8310&Lang=1&Site_ID=22 Article 19 has issued a memorandum on the “Jordanian Draft Lawon Guarantee of Access to Information”, December 2005: www.article19.org/pdfs/analysis/jordan-foi.pdf23 Article 19 (1997) Blaming the Press: The Crisis of Democracy inJordan, London, p. 107.According to the annual press freedom indicesby Reporters without Borders (RSF) 24 and FreedomHouse, 25 Jordan is not free. If journalists and “citizenjournalists” are threatened by penalties theywill not be able to perform their role properly inexposing the wrongdoings of officials, influentialbusinesspeople and other corrupt individuals.Table 1 illustrates Jordan’s scores in the PressFreedom Index by Reporters Without Borders andthe Corruption Perceptions Index by TransparencyInternational in the last five years.ConclusionsThe radical change in the Arab world is a triumphfor new media. The old media did not do their jobas a watchdog properly – unlike new media journalistswho are braver in tackling issues relatedto corruption. In some cases web news outlets areless professional than the old media and the ownersthink that defamation laws do not apply to theinternet, which is not the case in Jordan.Newspapers generally have a system forchecking facts to avoid legal liability. If internetnews outlets want to be credible they ought to betrained in the practice of good journalism, as wellas investigative journalism, so that they can handlecorruption stories – after all, corrupt officials knowhow to be corrupt without leaving a visiting cardbehind.While it seems that Jordan’s government will notstop trying to transform the media from watchdogto lapdog, it seems equally clear that a free pressand the internet can play a vital role in fighting corruption.It is therefore critical to protect both.Action steps:• The internet can be a vital tool in fighting corruption– the Anti-Corruption Commissioncannot fight corruption alone. Because of thisthe internet needs to be protected.24 en.rsf.org/press-freedom-index-2011-2012,1043.html25 www.freedomhouse.org/template.cfm?page=668144 / Global Information Society Watch

• Improve infrastructure to facilitate internet accessand to reduce the cost of subscribing tointernet service.• Abolish the Law on the Protection of State Secretsand Documents, or at least amend it tomeet international standards and to complementJordan’s FOI act.• Amend existing legislation and develop newlaws to ensure that the right to know is secured.This includes passing laws to ensure the right toaccess online information.• Shift defamation laws from criminal defamationto civil defamation. Governmental executive,legislative or judicial institutions should not beprotected by criminal laws in the case of defamatorystatements related to corruption.• Lobby against the licensing of online newsoutlets. This is not in line with internationalstandards and best practices.• ICT activists need more training in good journalisticpractice, especially investigative reporting.Corrupt individuals may win the battle when“citizen journalists” without knowledge of thelaw fail to back up their accusations with proof.This means that the internet could give corruptpeople a window of opportunity to clear themselvesof allegations of corruption. nJORDAN / 145

KenyaOpen data and the CHALLENGE of TRANSPARENCYKenya ICT Action Network (KICTANet)Alice Munyuawww.kictanet.or.keIntroduction and backgroundKenya was ranked 154th out of 182 countries onthe 2011 Transparency International CorruptionPerceptions Index. 1 It is considered the most corruptcountry in the East Africa region. In June 2012,industrialisation assistant minister Ndiritu Muriithinoted that Kenya loses KES 400 billion (USD 4.549billion) through corruption every year and, despitevarious initiatives to tackle corruption, there havebeen major setbacks with a number of corruptionscandals that have damaged the current government’scredibility. Afro Barometer 2008 notes that alarge proportion of Kenyans believe all or most publicofficials, including the president, to be involvedin corruption. 2 The police are considered the mostcorrupt, followed very closely by parliamentariansand government officials. The media and civil societyare the most trusted groups.The former head of the Kenya Anti-CorruptionCommission (KACC), PLO Lumumba, notes thatthe identifiers for corruption are poor leadership,absence of public participation in governance,weak institutions, lack of accountability, transparencyand political will, weak ethical values and aweak judicial system, among others. 3 Corruptioncontinues to pose a serious challenge with severeconsequences ranging from poverty and disease tofamine and conflict.According to the World Bank, information andcommunications technologies (ICTs) can reducecorruption in the public service by increasing transparencyand accountability. The past several yearshave therefore seen an increased focus on usingICTs as tools for accountability, transparency andthe reduction of corruption. For example, the Kenyangovernment has launched several initiativesto automate and digitise public services, including1 cpi.transparency.org/cpi2011/results2 www.afrobarometer.org/results/results-by-country-a-m/kenya3 Lumumba, PLO (2011) Fighting corruption in Africa: The case for anAfrican association of anti-corruption authorities, paper presentedat the First African Anti-Corruption Conference, Bujumbura,Burundi, 20-22 June.the lands ministry, judiciary and procurement sector.Most recently (in 2011) it launched an open datainitiative.The open data initiative makes previously heldgovernment data available to the public as a wayof improving governance, transparency and citizenparticipation and reducing corruption. Accordingto the permanent secretary in the Ministry of Informationand Communications, Bitange Ndemo, thegovernment’s reform efforts to reduce corruptionare centred on the new constitution that supportsgood governance, integrity, accountability andtransparency, as well as the national developmentblueprint, the Vision 2030 Plan, which focuses onpublic sector reforms and developing world classinfrastructure.Open data can be defined as “data sets that aremade accessible in a non proprietary format underlicences that permit unrestricted reuse.” 4 It is alsodefined as “the democratic use of data to enablecitizens to access and create value through the reuseof public sector information.” 5Kenya’s open data initiative was the first insub-Saharan Africa to develop an open data portalmaking over 160 key government datasets freelyavailable through a publicly accessible online portal.According to the Kenya ICT Board, the governmentbody responsible for this initiative, the goal is “tomake core government development, demographic,statistical and expenditure data available in a usefuldigital format for researchers, policymakers, ICTdevelopers and the general public.” 6The initiative intends to support greater publicsector transparency and accountability, essentiallychanging the nature of citizen-government engagement.According to the Kenya ICT board, the releaseof government-held data will provide a vehicle forincreased public outreach and improve public interactionwith government, thereby leading to a morecitizen-responsive government.Another objective is to provide a platform forthird party applications and opportunities for4 opendefinition.org/okd5 Rahemtulla, H., Kaplan, J., Gigler, B.-S., Cluster, S., Kiess, J. andBrigham, C. (2011) Open Data Kenya: Case Study of the UnderlyingDrivers, Principal Objectives and Evolution of one of the first OpenData Initiatives in Africa. www.scribd.com/doc/75642393/Open-Data-Kenya-Long-Versionera6 www.ictboard.go.ke146 / Global Information Society Watch

innovation, entrepreneurship and development oftechnologies, which would enable the creation ofnew services based on open data. To this end, thedeveloper community, business and social entrepreneursare creating innovative applications, toolsand visualisations to repurpose and enrich the data– and in doing so turning public sector informationinto new services and products. For example,the Kenya ICT Board launched the Tandaa digitalcontent grant offering awards to entrepreneurs fordeveloping applications that utilise the data to provideservices or products. Other projects include apartnership with the World Bank, Google, Ushahidiand the Kenyan government to make census dataavailable. Most of the current open data initiativesare, however, focused on developing and stimulatingskills for developers to access and work withthe data to increase government efficiency andstimulate socioeconomic development, rather thanincreasing transparency and accountability.Policy and legislative contextKenya’s new constitution was promulgated inAugust 2010. It is expected that there will be severalnew legislative frameworks to accompany theconstitution, which will help embed transparency,accountability, integrity and good governance. Theconstitution is expected to involve, amongst otherthings, the enactment of appropriate laws, for examplethe Anti-Corruption and Economic CrimesAct, and the creation and strengthening of institutionsinvolved in governance.The constitution has, as its basic pillar, the engagementof citizens, which has seen increasedtransparency in the development of its subsequentbills and public vetting of public officers. In addition,objectivity, impartiality and accountability areenshrined as guiding principles for all state officers,and parliament is required to enact legislationtranslating these principles into an ethics and anti-corruptioncommission. Article 33 of the Bill ofRights guarantees freedom of expression and Article35 provides the right of access to information.The freedom of information legislation is expectedto provide for the repeal of the Official Secrets Actand encourage proactive disclosure.The Anti-Corruption and Economic Crimes Act2003 defines and criminalises corruption and establishesrules for integrity and transparency, while thePublic Officers Ethics Act 2003 defines corruptionand abuse of office and sets rules for transparencyand accountability.The Ethics and Anti-Corruption Commission(EACC) is the new anti-corruption agency createdwith a constitutional mandate in August 2011,replacing the old Kenya Anti-Corruption Commission(KACC). The mandate of the EACC includes theexamination of practices and procedures of publicbodies, the investigation of corruption and economiccrime, and educating the public on corruptionand economic crime. The EACC has the power toprosecute, but this needs to be bestowed by parliament;because of this it currently forwards cases tothe Attorney General, which is seen as a potentialweakness.Other proposed legislation includes the DataProtection Bill 2012. 7 Both the freedom of informationand data protection bills are currentlyundergoing stakeholder consultation.Kenya is a signatory to the United NationsConvention against Corruption (UNCAC), whichprovides for international cooperation againstcorruption, particularly on the criminalisation ofcross-border bribery, the recovery of assets, andlaw enforcement.There was no legal framework for the open dataproject. Authorisation to launch the initiative withouta legal framework was sought directly from thepresident, according to Ndemo. This was seen asthe prudent way to ensure that bureaucracy andthe closed government culture did not derail theproject. An Open Data Licence has however beendeveloped, which provides guidance on the use andreuse of government data. The licence was adoptedfrom the United Kingdom Open Government Licences(UK OGL, 2011), which allow for the copying anddistribution of information, freely and flexibly, withonly a few conditions, which include acknowledgingthe source of the information by including any attributionstatement by the information providers.Although the government has defined an opendata strategy and there exist sufficient legislationand constitutional provisions, some governmentagencies are still quite reluctant to implement them.A major barrier is the closed culture within government,caused by a general fear of the exposure ofgovernment failures and any subsequent politicalrepercussions.The challenges of open dataGurnstein 8 and Rahemtulla et al. 9 note that opendata initiatives are founded on the premise that everyonehas the potential to make use of the data. Theinitiatives are launched with ideals of inclusiveness,7 cickenya.org/legislation?page=38 Gurnstein, M. (2010) Open Data: Empowering the Empoweredor Effective Data Use for Everyone? gurstein.wordpress.com/2010/09/02/open-data-empowering-the-empowered-oreffective-data-use-for-everyone9 Rahemtulla et al. (2011) op.cit.KENYA / 147

ut unfortunately within societal contexts oftencharacterised by inequities, including lack of ICTinfrastructure, knowledge, skills and resources tomake use of the data for their specific needs. Thismeans that citizens are not able to translate opendata into meaningful uses unless they have accessto resources.According to a 2011 World Bank study, the KenyaOpen Data portal assumes the public has sufficientskills to correctly interpret and use the datasets– which means that usage numbers for the KenyaOpen Data portal are modest. Ndemo has expressedconcerns regarding the limited uptake of data provided10 and continues to urge the media and otherstakeholders to contribute not only towards creatingawareness but by developing capacity to enablethe interpretation of the data for the public.The release of public sector information withouta proportionate increase in data literacy will do littleto empower average citizens, allow institutionsand communities to make smarter decisions, or tohold governments accountable. While provision ofgovernment data and access to information lawsare important they represent only the first step to amore informed citizenry. 11The next step should involve understandingwhich groups are in a position to make use of thisavailable data and addressing barriers that limitaccess, such as information literacy, infrastructure,and digital inclusion, among others. 12 This requiresthe existence of supporting factors, which includea reliable and robust ICT infrastructure, an ICT-literatecommunity, supportive governance and politicalwill, as outlined by Zainab et al. 13Input from citizens is also critical. Crowd-sourceddata and information platforms, such as Ushahidi, 14which was originally developed to monitor 2007post-election conflict in Kenya, are now being deployedin a number of anti-corruption settings, andthe use of social media like Twitter (#twitterbigstickand #twitterthumbsup) enables citizens to reportcases of corruption and inefficient public services,among others. The various tools must accept onlineand SMS submissions to allow as many citizens toengage as possible.10 KICTANet discussions, 2011.11 Boyd, D. (2010) Transparency Is Not Enough. www.danah.org/papers/talks/2010/Gov2Expo.html12 Gurnstein (2010) op. cit.13 Zainab, A. N., Abdullah, A. and Edzan, N. N. (2002) An Informationand Communication Technology (ICT) Enabled Knowledge-basedMalay Society, Malaysian Journal of Library and InformationScience, 7(1), p. 1-15.14 ushahidi.com/about-usKenya ICT Board CEO Paul Kukubo urges dataintermediaries and mobile application providers,among others, to act as facilitators and to contextualisedata so that it can be easily used by the widerpublic. He notes that open data is meant to “providea platform for intermediaries to build interfaces andtools that would make the data available in formsof relevant information for citizens to contribute tosocio-economic and political development.”Open data initiatives must also be supportedby intensive awareness, education and trainingprogrammes to expand the information capabilitiesof citizens, including the ability to work with datavisualisation tools, interpret information and understandpublic policy processes. In addition, thedevelopment of infrastructure including data centresto encourage local hosting and collocation arealso necessary requirements for open data initiativesto have impact.According to Matt Parker, 15 creating a participatoryecosystem and feedback mechanisms willenable citizens to create useful tools, data visualisation,analysis, fresh perspectives, and insights,and allow for mixing and mashing to produce realtime,relevant perspectives. Only then do open datainitiatives become really valuable in enhancingdemocracy. 16One area that is fraught with possibilities ofcorruption is the procurement process. Makingavailable and publishing the results of requests forproposals would help enhance transparency andaccountability. In addition, as Kenya is gearing upfor elections in 2013, publishing voter registrationto see people listed on the voter roll would providethe public with the opportunity to challenge the listingof persons who do not exist or may be deceasedseveral months before the elections, and in doingso, preventing possible voting fraud.Ensuring that the datasets released do not violatecivil privacy laws is another issue that needsto be considered. While government should beopen to scrutiny, it should not compromise citizens’rights to privacy or maintaining control of their selfpresentation.O’Hara 17 argues that for transparencyprogrammes to succeed, privacy is a necessary condition.One way to ensure this is to reassure thepublic that its privacy is a central concern whoseprotection is entrenched in decision-making processesfor open government initiatives.15 www.guardian.co.uk/voluntary-sector-network/2012/may/25/open-data-charities-advice16 Ibid.17 eprints.soton.ac.uk/272769148 / Global Information Society Watch

The more governments comply with the citizens’demands for transparency, and better and more efficientways to mash up the data provided emerge,the more demands there will be for increasedtransparency. 18Conclusions and recommendationsOpen data has the potential to provide raw materialfor informed policy making, offer an empiricalfoundation for developing solutions to various challenges,convene informed discussions about variouschallenges, and contribute to the fight against corruption.However, the relationship between opendata, democratic participation and the reduction ofcorruption is not yet clear.More research is required to improve theevidence base and demonstrate the multiple (socioeconomic,political, cultural) impacts of open dataon anti-corruption efforts, and to make the case forthe use of the internet to fight corruption.Participatory approaches need to be implementedto help foster open government andaccountability. Government institutions and corporateentities should continue to actively open updata and establish successful and effective opendata policies. They should continue to develop informationinfrastructure in such a way that it laysa foundation for transparency and accountabilityefforts.Action steps• Research the impact of open data on transparencyand corruption to provide an evidencebase.• Create awareness of the potential of open dataand advocate for collaboration and networkingwith industry and governments.• Civil society should take on the role of informationintermediaries on particular issues, forexample, health and education. They shouldthen use this position to collaborate on opendata initiatives in those sectors.• Organise “hackathons” 19 for groups/individualsinterested in hacking corruption, where citizenscome together to create tools that will help preventcollusion and corruption. n18 Lessig, L. (2009) Against Transparency: The perils of openness ingovernment, The New Republic, 9 October.19 en.wikipedia.org/wiki/HackathonKENYA / 149

epublic of KoreaThe current STATUS AND PROBLEMS of INFORMATIONDISCLOSURE IN KOREAKorean Progressive Network JinbonetMinkyung Jungwww.jinbo.netIntroductionPublic officials often complain that when a sensitivepolitical issue arises in Korea, false claims orrumours regarding the issue run rampant on theinternet. For example, in 2008 there was a controversyaround importing American beef, and manyclaimed that people can contract mad cow diseasejust by using a product made from a cow that hadthe disease. In response, the Ministry of Justice announcedthat the persons responsible for spreadingthese claims would be arrested. In March 2010, theCheonan warship, which belonged to the Republicof Korea Navy, was sunk in the seas near BaengnyeongIsland. Though the government officiallystated that it was a North Korean torpedo that sunkthe warship, internet users who did not believe thegovernment’s statement posted their doubts onwebsites. The Korean government labelled theseas “Cheonan warship rumours” and prosecuted theauthors under the charges of “disseminating falseinformation”. On 28 December 2010, the ConstitutionalCourt ruled that the law used to indict theinternet users (the Basic Telecommunications Act,Article 47, Clause 1, “Clause on False Communications”)was unconstitutional. However, the Koreangovernment is still adhering to its policy of deletingwhat it calls false information and claims and punishingthe authors of these claims.Koreans citizens post many “rumours” or expresspublic doubt on the internet because theydo not trust the government’s announcements; andthis distrust stems from a lack of transparency in theway the government discloses information regardingimportant issues. When the Cheonan warshipwas sunk, a group calling itself the “Citizens Petitioningfor Information Disclosure Regarding theCheonan Warship”, led by civil society, expresseddoubt over the government’s statements and filed arequest for information disclosure to the Ministry ofNational Defence (MND) and the Board of Audit andInspection of Korea (BAIK). However, both the MNDand the BAIK decided not to disclose the information,citing national security.When the Korea-US Free Trade Agreement (FTA)was ratified, it was revealed that there were approximately500 translation errors in the Koreanversion of the text of the agreement, which causeda stir in Korea. Civil society requested that the Ministryof Foreign Affairs and Trade release an erratain the Korean version of the FTA text listing the errorsdiscovered as the result of proofreading, butthe ministry refused to do this. In the lawsuit thatfollowed, the Seoul Administrative Court ruled that“the government should disclose the errata text forthe Korean version of the Korea-US FTA,” but thegovernment has yet to comply. Such lack of transparencyhas grown even worse during incumbentPresident Lee Myung Bak’s administration.Policy and political backgroundKorea’s information disclosure programme began in1992, when Cheongju City legislated its InformationDisclosure Ordinance. After the enactment of thisordinance, the Law on Information Disclosure byPublic Offices was passed and proclaimed in 1996,and went into force on 1 January 1998, making Koreathe 13th state in the world to adopt a law on informationdisclosure.Amendments were subsequently made to thelaw in order to reflect the changes in telecommunications,and in 2006 an online informationdisclosure system 1 was established so that userscan conveniently search for and request information,be notified of results, and view informationconveniently on a single site. Recently, with theincreasing use of information and communicationstechnologies (ICTs) such as smartphones, citizensare demanding a departure from the traditionalmethod of requesting and disclosing information,and a move to Government 2.0, in which publicoffices construct public services based on onlineinformation sharing and guarantee citizens’ participationin this way.Current status of informationdisclosure in KoreaRequests for information disclosure are increasingin Korea. In 2010, the number of requests reached421,813, which is 16 times more than the 26,0001 www.open.go.kr150 / Global Information Society Watch

equests recorded in 1998 when the Law on InformationDisclosure came into force. However,information non-disclosure based on a variety ofreasons still limits information accessibility. Theinformation disclosure rate of Korean public officeswas 90.5% in 2006, 90.8% in 2007, 91.1% in 2008,91.4% in 2009 and 89.7% in 2010, maintaining anaverage of 90%. The Law on Information Disclosureby Public Offices outlines nine regulationsthat govern disclosure. According to the analysis ofthe causes of information non-disclosure, the overwhelmingmajority of the reasons for non-disclosurein 2010 were absence of information (15,620 casesor 47%) and legal confidentiality (10,914 cases or33%), followed by protection of individual privacy(2,724 or 8%), obstruction of fair execution of officialduty (1,100 or 3%) and prevention of exposureof business secrets (1,054 or 3%). 2The problem of information non-disclosurein the central administrative governmentIn 2012, Korea scored the highest on the e‐governmentindex in the United Nations survey onelectronic government. On the other hand, Korearanked 43rd out of 183 countries in TransparencyInternational’s Corruption Perceptions Index. 3Given this, it is clear that the development ofe‐government does not guarantee transparency ingovernment. Furthermore, administrative managementhas grown more closed during the presentgovernment.Central administrative institutions show ahigher rate of information non-disclosure thanother public offices. The information disclosuremanagement status of the central administrativeinstitutions shows that the non-disclosure rate ison the increase, rising from 11% in 2006 and 2007to 16% in 2008, 17% in 2009 and 20% in 2010. Thegovernment explains that this is because they “possessand manage a substantial amount of sensitiveinformation relevant to policy decisions and nationalsecurity.” This means that, unlike ordinary publicinformation, information critical to national issuesis not often disclosed.According to the Ministry of Public Administrationand Security’s Information DisclosureManagement Manual, 15 administrative ministriesare required to disclose eight types of informationin their information log, namely the document title,documentation date, duration of preservation,whether the document is disclosed or not, employeein charge, department in charge, document number,and the document’s specific purpose. However,there are only five ministries that comply with thisregulation. The Ministry of Education, Science andTechnology discloses no information on its informationlog except document title and documentnumber, and the Ministry of National Defence alsodoes not disclose many information categories. TheMinistry of Strategy and Finance has not disclosedits information log since January 2011. 4In addition, the central administrative institutionsdo not disclose reports on outsourcedresearch, the prime example of which is the Ministryof Foreign Affairs and Trade’s outsourced researchregarding the FTA. From 2005 to 2010, the Ministryof Foreign Affairs and Trade signed 31 contracts foroutsourced research in connection with the Korea-US and Korea-EU FTAs, none of which have beendisclosed to the public. By not disclosing even thebasic information they are required to, the centraladministrative institutions are infringing on thepeople’s right to know.Problems in maintaining recordsIn 2010 it was revealed that the Public Ethics Divisionof the Korean Prime Minister’s Office performedillegal surveillance on Kim Jong Ik and the privatecompany he works at, a revelation which sentshockwaves through Korean society. Kim Jong Ikcriticised the policies of the Lee Myung Bak administrationand posted video clips featuring the madcow disease incident on his blog, which appears tohave prompted the illegal surveillance. When theProsecutor’s Office proceeded to investigate, thePublic Ethics Division destroyed the hard disk ontheir computers, thereby destroying the critical evidencein the illegal surveillance case. In early 2012,the employee of the Public Ethics Division who attemptedto destroy the evidence testified that “[t]he Blue House [the President’s office] instructed thedestruction of evidence in the illegal surveillance,”which caused yet another uproar in Korea.As can be inferred from the case, Korea is notadept at maintaining records. In 2009, the Lee MyungBak administration had in reality stopped theappointment of professional record managers, andin 2010 unilaterally submitted a bill that facilitatesthe destruction of records and eases the qualificationsto become a professional record managerunder the euphemism of “amending internal administrativeregulations.” For this reason, though2 Ministry of Public Administration and Security (2010) The AnnualJournal of Information Disclosure.3 www.index.go.kr4 Information Disclosure Centre for Transparent Society (2011) TheStatus of Information Logs in Public Offices. www.opengirok.or.kr/2646REPUBLIC OF KOREA / 151

the law stipulates that professional record managersmust be assigned to public offices, many officesdo not have record managers – and even those withprofessional record managers employ them as parttimecontractors, making it very difficult for them tofully utilise their professional expertise.To resolve this issue, the law must be amendedso that persons who destroy or terminate recordsor media that contain records without authority arelegally punishable. In addition, civil society and expertsassert that a mandatory procedure for recorddestruction must be established, so that prior todestruction the institution that created the recordmust be consulted, professional record managersmust evaluate the case, and a record evaluationcommittee that includes outside expertise mustevaluate the record.New trends in information disclosure serviceIn 2009, a high school student created and distributeda smartphone application that providesinformation about the bus schedule and routesin the capital area. But the Korean governmentblocked the application, saying that the developerof the application used public information withoutconsulting in advance. As public sentiment turnedagainst the government, the block was removed,but this case does illustrate how the Korean governmenthas a practice of restricting the people’sfree use of information, despite emphasisinge‐government. Furthermore, this case triggered anincrease in people’s demand for free use of publicinformation.Government 2.0 has been rising steadily inKorea, accompanied by diverse experiments. Thefirst experiment was “Local Council 2.0” by theGwacheon City Council and “Seoul Education2.0” by the Seoul Metropolitan Office of Education.Following the Transparent Council OperationGuidelines, the Gwacheon City Council pledged topost a full copy of the council president’s and councilvice president’s business finances online everymonth, as well as to post a detailed breakdown ofexpenses used to support councillors’ study-abroadprogrammes within their first month of study. Meanwhile,for the first time among education officesthroughout Korea, the Seoul Metropolitan Office ofEducation decided to fully publicise not only its ownbuilding construction process, but all the constructionprocesses that take place in any of its affiliatedorganisations and schools. The Office of Educationprovided this service through the TransparentEducation Administration website. 5 This triggered a5 open.sen.go.krchange in the practice of sharing construction workin progress. 6 Both cases saw daylight thanks to theleadership shown around Government 2.0, and alsodue to the active participation of civil expert groups,led by the Information Disclosure Centre for a TransparentSociety. 7In 2011, Seoul City opened the Seoul City MobilePublic Information Open API Service 8 so that anyprivate smartphone application developer can useSeoul City’s public information.ConclusionIn Korea, ways of accessing public information arelimited for citizens, but there is a wide range of attemptsto develop government transparency andto enhance the citizens’ utilisation of public information.However, there are discrepancies in theprovision of public information service betweenlocal governments, and the central governmentdoes not actively pursue projects that encourageinformation disclosure, such as promoting citizenparticipation.To construct a public information service basedon Government 2.0, Korean experts say that amendmentsin the legislative system, improvement ofpublic information management, improvement intechnology and improvement in organisationalculture are required. First of all, we must provideinformation disclosure standards beginning withthe production stage of public information, so thattask management departments can make decisionson announcements and the disclosure andnon-disclosure of information objectively. In addition,improvements must be made in institutions,laws, ordinances and rules regarding informationdisclosure. Second, we must strictly manage the informationthat is produced and managed by publicoffices. Third, we must move away from the existingsituation where information is provided througha single channel, and provide diverse routes ofaccessing public information. Fourth, we must improvethe basic attitude of public office employeesregarding information disclosure, sharing and use.We must also provide the employees with regulareducation and training programmes on the topic.Finally, when there is an improvement in organisationalculture, public information disclosure willimpact on all aspects of public office, and be part ofeveryday work.6 Kim, Y. S. and Jeon, J. H. (2011) Study on Public Information ServiceBased on Government 2.0: Domestic Application Cases.7 www.opengirok.or.kr8 mobile.openapi.seoul.go.kr152 / Global Information Society Watch

Action stepsSpearheaded by the Information Disclosure Centrefor Transparent Society, Korean civil society hasbeen engaging in campaigns to increase requestsfor information disclosure, evaluating the informationdisclosure status of public offices, developingand managing information disclosure applicationnews sites, and monitoring systems related to theright to know in order to increase the transpar encyand accountability of public offices. To achieveinformation transparency and prevent national corruption,the following institutional improvementsmust be made.• We must build a Government 2.0-based publicinformation service to expand prior informationdisclosure efforts, and provide public informationin a way that is easy for citizens to searchand access in order to increase the usefulnessof information.• We must narrow and specifically define thecases for information non-disclosure to preventarbitrary non-disclosure.• We must reinforce punishment for persons whodestroy records without authority, and preparestringent record termination procedures.• We must challenge and change the central administrativeinstitutions’ practice of informationnon-disclosure. nREPUBLIC OF KOREA / 153

KyrgyZSTANICTs AND CORRUPTION: THE NECESSARY OVERSIGHT of CIVIL SOCIETYCivil Initiative on Internet Policy (CIIP)Artem Goryainovwww.gipi.kgIntroductionThe overthrow of the regime of former presidentKurmanbek Bakiev in 2010 led to significant changesin the political situation in Kyrgyzstan, the mostimportant being the transition to a parliamentaryconstitutional system. Given that the main reasonfor Bakiev’s removal was corruption (which includedhis family), the issue of corruption receives a lot ofattention in current political discourse.Corruption has received much attention online,on social networks and on news outlets.The current president, Almazbek Atambaev, hasproclaimed the anti-corruption drive as a priorityactivity and established an anti-corruptionservice under the State Committee for NationalSecurity. It has already investigated several casesof corruption that were highlighted in online mediacoverage. Nevertheless, for the last seven yearsnobody has been charged with corruption. The judiciaryis not independent and remains dominatedby the executive branch – and because of this ittakes decisions in favour of officials or those whooffer bribes. This corruption affects all stages ofproceedings, especially when the case concernshigh-profile officials.In 2011 the number and popularity of onlinenews agencies increased significantly, allowingpeople to receive information on different eventsand from different points of view faster thanthrough traditional media. Given a rapidly developinginformation and communications technology(ICT) sector, and the increasing penetration of theinternet, especially mobile 3G services which arecurrently offered across the country, the governmenthas established several online resourcespresumably aimed at increasing accountabilityand transparency. These include a portal on governmentpurchases and acquisitions, and an“open budget” portal. Online anti-corruption serviceswere also launched by the Ministry of InternalAffairs and the State Committee for National Security,but there is no evidence of their popularityand effectiveness.Deaths on the road:Putting the brakes on justiceIn August 2012, a traffic accident occurred that ledto deaths of three young people (aged 21 to 23).Azamat Isaev, the son of the mayor of Bishkek, wasresponsible for this tragedy, but was hospitalisedwithout being tested for drugs or alcohol. The incidentwas actively discussed in different media.Nevertheless, officials kept silent on the investigation’sprogress despite journalists’ requests and thepublic’s response. After a month, Isaev was chargedwith the fatal car accident. A month later, just beforethe case was taken to court, relatives of two of thethree victims of the accident withdrew the charges.The trial was also later adjourned several times fornumerous reasons.During this period the court agreed to an applicationby the mayor for hearing the case outsideof the spotlight of the media. Contradictory statementswere also made by the mass media: theadvocate of the accused allegedly declared that thethird relative had also abandoned the case, but atthe same time, the third relative told journalists thathe would not abandon the case and would pushthrough to its completion. However, after a week,the judge dismissed the case, reportedly becauseof the uncertainty over whether or not the third relativewould continue to press charges.In fact, the judge dismissed the case after thethird relative had abandoned it, a week after tellingjournalists that he would pursue it to completion.The court decision caused a wave of public indignationon social networks and forums. Aftermore than two weeks of continuous discussionsonline, including calls for the removal of the mayor,Isaev appealed to the court to rescind the judgmentand to pass a guilty verdict. As a result, he receiveda seven-year suspended sentence with probationfor two years. This was in line with a vehicle violation,but had nothing to do with the deaths that theaccident caused. It was the most lenient sentencehe could receive under these conditions, especiallygiven the three deaths.Later there were several similar road accidentsinvolving different officials and their drivers.These involved the driver of the head of the StateCommittee for National Security, Keneshbek Dushebaev,and the driver of parliamentary deputy Irina154 / Global Information Society Watch

Karamushkina. In both cases deaths occurred, andstill none of the guilty parties was charged. In addition,there have been cases involving officials fromthe Ministry of Internal Affairs.Every case causes widespread debate on forums,social networks and online news sites. Butthis is clearly not enough. None of the cases hasresulted in appropriate punishment. The most scandalousincident – a car accident involving an officialin the Ministry of Internal Affairs – attracted the attentionof the prime minister due to the publicity itreceived online. The official hit and killed a pedestrianand fled the scene of the crime. According towitnesses, the official was drunk while driving.However, two months later, the criminal proceedingswere terminated due to the “absence of corpusdelicti” (proof that a crime has been committed)and the offender continued to work in the ministry.After intense discussions of the case online, and ameeting between the prime minister and ministerof Internal Affairs, the prime minister ordered thatthe case be investigated, and the official involvedin the accident dismissed. Nevertheless, it was laterrevealed that the official had resigned instead.The role of ICTs in new approachesto transparencyIn March 2012, a new anti-corruption agency calledthe State Service for Combating Economic Crimeswas established. This replaced an agency calledthe Financial Police that was ironically consideredthe most corrupted government body by the primeminister. During almost 20 years of activity by theFinancial Police, there were no disclosures of casesof corruption. Yet most of the staff in the agencywere taking bribes for small violations and shelteringdodgy business deals.An open announcement was made to fill theposts in the new service. The selection committeeconsisted of representatives of the government, civilsociety and the business sector. Email addresseswere also created where people could submit informationabout candidates’ offences. Every pieceof information was thoroughly investigated, andbased on the results of the investigation, candidatescould be disqualified. During the selectionperiod, 37 emails were received and 35 candidateswere disqualified due to the information containedin the emails. After every stage of the process, thegovernment’s official site and online news agenciespublished all the results of the stage for each candidate.At the beginning of the call the candidateswere tested using a computer programme and theresults were broadcast on TV, making the processas transparent as possible. Fourteen of 20 relativesof members of parliament did not pass the test.After the results of the tests were publishedonline, pressure on the selection committee membersstarted when they received phone calls fromrelatives of those tested with requests to alter theresults of the tests. Some members of parliamentclaimed that the competition was a violation of humanrights and called for the nullification of theresults of the test. There were also calls to declarethe new service unlawful. However, the service wascreated and started its work. During the first threemonths of its activities it discovered violationsamounting to KGS 290 million (approximately USD6.2 million).It was proposed that the same process be followedin the selection of judges for the SupremeCourt, which is also considered to be one the mostcorrupt state structures. In contrast to the selectionprocess for the State Service for CombatingEconomic Crimes, where the selection committeeincluded representatives from the government,business sector and civil society, the selectioncommittee for the judges of Supreme Court wasformed by the judiciary, parliamentary majority andparliamentary opposition. The selection process involvedthree stages: in the first stage they checkedthe legal and other documents of candidates, theirproperty and holdings, and criminal records. In thisstage they also investigated all complaints aboutcandidates that were received, including via emailor online. From the final list of candidates more than20 appeared to have made judgments that were inviolation of legislation – suggesting they were eitherunskilled or corrupt.However, it is important to note that the officialinvestigation in the first stage was very basic andsubjective. For example, the information on thecandidates was discovered as a result of an independentinvestigation conducted by an NGO.The second stage in the process aimed to revealthe professional knowledge and moral standards ofthe candidates. One of the tools was a computer testto check the competence of candidates in differentfields of law. In this case, however, the questions forthe test were made as simple as possible, and theaverage score was 9.15 out of 10 – almost all candidateseasily passed.Due to the automated system of scoring, allresults of the selection process were shared online,including detailed information on the scoresgiven to candidates by members of the selectioncommittee.The third stage involved voting by members ofthe selection committee for candidates who hadKYRGYZSTAN / 155

eached the final stage. This was potentially themost subjective stage in the selection process andit proved to be so. According to the results of thevoting, many on the selection committee voted forthe candidates who had the lowest scores, and themost competent candidates according to the scoreswere not voted for. Because of this, despite the useof ICTs and wide and immediate online coverage,the selection process was as subjective as before,and, as a result, subject to corruption.Given the above, we can say that in Kyrgyzstanthere are two different tendencies when it comes tousing the internet in the struggle against corruption.One of them is the struggle that comes from the communitypush for change and for the state to react toevents that receive coverage online – including onsocial networks, discussion forums and online newssites. At the same time, state institutions activelyuse ICTs in their activities to demonstrate transparencyand the absence of corruption.Nevertheless, all these efforts are useless withoutthe effective oversight of civil society. The twocases involving the selection of candidates discussedin this report suggest this. In the first, theapplication of ICTs was successful, but in the second,it was not. Therefore we can conclude thatthe internet is only a tool that can be used in thefight against corruption, but that on its own it isnot sufficient to be successful in the fight againstcorruption.Action steps• ICT and civil society activists should use onlineplatforms for discussions more actively, organisingevents that can help to force state bodiesto take measures against corruption.• Create specialised online resources aimed atproviding facts on corruption and supporting acitizen-led campaign against corruption. Monitorall investigations of cases of corruption andcover all violations made during the process.• State bodies should investigate all instances ofcorruption reported in the media, and in doingso demonstrate the state’s firm commitment tofighting corruption. n156 / Global Information Society Watch

LebanonNaming AND SHAMING: ENCOURAGING ACCOUNTABILITY IN BUSINESSMireille RaadIntroductionFor the third time since 2009, Lebanon received ascore of 2.5 out of 10 on the Corruption PerceptionsIndex (CPI) in 2011. 1 This index, produced by TransparencyInternational and covering 183 countries, ismeasured on a scale from 0 (highly corrupt) to 10(very clean).The score places Lebanon in the 134th positionout of 183 worldwide and 15th out of 18 in the MiddleEast and North Africa (MENA) region. It is alsonotable that the best score ever achieved by Lebanonis 3.2 – the worst being 2.0. 2Other indicators like the Open Budget Indexplace the country among the least transparent whenit comes to the national budget (OBI=32%). 3World Bank governance indicators suggest veryhigh levels of corruption and bad governance (seeFigure 1). Out of 212 countries reviewed, Lebanonranked: 4• Government effectiveness indicator: 146th• Political stability indicator: 202nd• Voice and accountability indicator: 108th• Corruption control indicator: 167th.Policy and political backgroundIronically, despite the above indicators, reform and thefight against corruption have always been at the coreof the political agendas of all the Lebanese politicalparties, and a main theme for political bickering. 5 Intheory, most of the policy framework needed to fightcorruption appears to exist; for example, the LebaneseOffice of the Minister of State for Administrative Reformwas created in 1994 in order to provide solutionsfor a deficient post-civil war public administration. 61 cpi.transparency.org/cpi2011/results2 files.transparency.org/content/download/313/1264/file/CPI2011_DataPackage.zip3 internationalbudget.org/what-we-do/open-budget-survey4 info.worldbank.org/governance/wgi/pdf_country.asp5 www.dailystar.com.lb/News/Politics/2011/Nov-15/154093-mikati-promises-to-fight-corruption-in-administration.ashx#axzz23Au9qosY6 en.wikipedia.org/wiki/Office_of_the_Minister_of_State_for_Administrative_Reform_(Lebanon)On 22 April 2009, Lebanon ratified the UnitedNations Convention against Corruption (UNCAC), 7yet many of the mechanisms required to ensurecompliance with the convention are either dysfunctionalor missing, including an absence of:• Access to information legislation• A whistleblowers’ protection law• A national anti-corruption agency• An ombudsman 8• A national strategic, long-term anti-corruptionplan.Naturally, given the severity of corruption in Lebanonand its drastic effect on society, many NGOsand independent activists are going to great effortsto fight it – including LTA (the Lebanese chapter ofTransparency International) and Nahwa el Mouwatinyavia their Lebanese Parliamentary Monitor. 9Spinneys, spin and labour wage rights deniedOn 19 January 2012, following an agreementreached between the economic committees andthe General Workers’ Union, the Lebanese cabinetapproved raising Lebanon’s minimum wage fromLBP 500,000 to LBP 675,000 (from USD 333 to USD450). 10 A general wage increase was also approvedbased on salary ranges.The decision came after the State Shura Councilrejected the cabinet’s wage increase decision proposedby Minister of Labour Charbel Nahas.The agreement was reached following a strongdebate that lasted several months and ended withthe resignation of the minister of labour, who arguedthat all of his colleagues in government were preventingany effective improvement in workers’ rights. 11Yet despite the official upgrade in salaries, Spinneys,a well-known and premier supermarket retailerin Lebanon with branches across the Middle East, anda major employer, breached both international labourrights and Lebanese labour laws by refusing to implementthe wage increase, threatening employees anddismissing those who lobbied and objected to itsrefusal.7 www.unodc.org/unodc/en/treaties/CAC/signatories.html8 en.wikipedia.org/wiki/Ombudsman9 lpmonitor.org10 www.nowlebanon.com/NewsArchiveDetails.aspx?ID=35421111 en.wikipedia.org/wiki/Charbel_NahasLEBANON / 157

Figure 1World Bank Governance IndicatorsComparison between 2010, 2009, 2008 (top-bottom order)Voice andaccountabilityPolitical stability/absence of violenceGovernment effectivenessRegulatory qualityRule of lawControl of corruption0 25 50 75 100Country’s percentile rank (0-100)Source: info.worldbank.org/governance/wgi/sc_chart.aspThe Lebanese government took no action toenforce its own decision and no penalties againstSpinneys were levied. The topic also received littleattention from most of the media, especially in mediaoutlets where Spinneys spent a lot of advertisingmoney.Following the above events, many Lebanesebloggers and activists decided to shed light on theunfairness and corruption which affected a largenumber of workers (about 1,500) who had no supportfrom their own government and no option butto do their best to keep their jobs.Bloggers and activists targeted Spinneys’ approximately21,000 fans on Facebook using an ironiconline campaign that showcased the real discountsthe company is offering – in other words, workers’rights and wages.Spinneys own advertisements were mocked anda call for a boycott was issued. 12 Many workers also12 www.facebook.com/groups/331955206888302used social media to share their personal storiesabout their working conditions.The campaign got the full attention of SpinneysCEO Michael Wright who in turn used social mediaand Facebook to uncover the identities of different158 / Global Information Society Watch

activists and their work locations. Soon enough,Spinneys’ powerful business connections were putto use and some activists received formal warningsfrom their employers on the pretext of “breakingcompany rules and blogging/Facebooking duringwork hours” or breaking their work contracts by“harming company interests”.Under the risk of losing their jobs, somebloggers were forced to remove blog posts andcontent from Facebook and agreed to stop theirinvolvement in the social media campaign targetingSpinneys.A counter social media campaign was launchedby Spinneys to explain to the public the decisionbehind refusing the wage increase: Many peoplereported being contacted by Spinneys’ CEO afterdoing simple things such as pressing “like” on acomment criticising Spinneys. 13In an interview with the Daily Star, Wright saidthe retailer would continue to expand in Lebanondespite “tough economic times that saw salesgrowth flattening for the first time last quarter, afterfour years of impressive double-digit growth.”He added, “In addition to regional troubles andlocal instability, ill-fated economic decisions, includinga wage increase approved by the government lastJanuary, are behind Lebanon’s economic slump.”The same article reports that “[b]etween 2006and 2011, Spinneys experienced very high growthat above 20 percent annually in sales volumes” and“Wright dismissed accusations that the companyhas been infringing on labour rights [and that thisis] politically motivated. He said the accusations areonly rallying a handful of workers.” 14A lot of buzz was generated due to the opposingsocial media campaigns by both sides and thesubject gained considerable media attention onmany TV stations and in newspapers – for example,in its Media Round-up, the Lebanese TransparencyAssociation shared this case with its readers as yetanother example of a corruption scandal to plaguethe government. 15Not everyone was behind the campaign,however. On the Lebanese blogosphere, RamiFayoumi blogging on plus961.com shared his scepticismabout the boycott campaign, stating thatSpinneys is not the only company disrespecting thenew wage increase. 16 Similarly, Mustapha Hamouiblogging on beirutspring.com stated: “An onlinecampaign is trying to shame a giant Lebanese retailerinto paying more for its employees. This is abad idea.” Both plus961.com and BeirutSpring.comrank among the most influential independent bloggersin Lebanon.13 www.facebook.com/groups/331955206888302/permalink/33363583338690614 www.dailystar.com.lb/Business/Lebanon/2012/Aug-03/183221-spinneys-eyes-expansion-amid-tough-times.ashx#axzz23GrPHyZA15 www.transparency-lebanon.org/index.php?option=com_content&view=article&id=85&Itemid=180&lang=en16 www.plus961.com/2012/07/boycott-spinneysLEBANON / 159

At the moment of writing this report, this caseis far from being resolved: currently the workers inSpinneys have a newly formed union and the debatecontinues online and offline. 17ConclusionThis story clearly shows that ICTs can be used touncover corruption and fight it by different means,including public shaming and calls for a boycott.Yet those same tools can be used to justifycorrupt behaviour using well-crafted socialmedia strategies and messages, and can be usedto monitor activists and bloggers, uncovering theiridentities and then using different means to silenceor pressurise them.Dialogue can easily be sparked using socialmedia, and facts about corruption and the peoplebehind it can become well known in a short periodof time. The main challenge remains in translatingthis knowledge and “online buzz” into real action.Mobilising to fight corruption means leveraging thepotential of the “disorganised” online space and thestrength of the effects of things like crowd-sourcingin a way that favours the work of activists.Anonymity remains yet another issue to thinkabout. While it offers good protection for activistsagainst corrupt and powerful people and entities,it makes it harder to build an audience, trust andengagement (without at least subtly revealingidentity). The difficulty is not in the technical requirementsof being anonymous online, but ratherin the tricky planning required to run a campaign effectivelyled by “no one”.Fighting corruption works best on a case-specificbasis – not just by addressing and discussingcorruption as a general theme. Targeting a corruptindividual or company using a specially craftedcampaign is effective due to the high level of pressureit generates and (hopefully) the high cost ofloss of business and reputation.Action stepsThis story suggests different advocacy steps thatare essential for the ICT activist:• Fighting corruption should be addressed on acase-by-case basis and not only as an issue ofgeneral principles and ethics.• Unlike other activist issues such as advocatingfor rights generally, an effective and targetedcampaign against corruption will put you in aconfrontation with “criminals”. Having a goodstrategic and even legal background on crimeand criminals and a bulletproof game plan inthis regard is a must.• Data is created once and shared many times.This simple truth can be used to hide the identityof campaign organisers and make it impossibleto find or hold responsible anyone running ananonymous account.• Due to the increasing “social” properties of theinternet, it is becoming a huge, free-to-accessand easy-to-operate data mine about you, yourwork, career, family, friends and geolocations.This is why keeping track of your digital footprintis an increasingly important task as ananti-corruption ICT activist. n17 beirutspring.com/blog/2012/07/11/burning-spinneys-at-the-stake160 / Global Information Society Watch

MoroccoThe internet AND ACTIVE CITIZENSHIPDiploFoundationHanane Boujemiwww.diplomacy.eduIntroductionCorruption has been one of the most prominentfactors hindering economic development in theArab world. Morocco has a long history of a lackof accountability and transparency of public servicesand administration vital in guaranteeing thecitizen’s right to have access to information andservices without restrictions or lengthy bureaucraticprocedures. The kingdom still ranks high onTransparency International’s Corruption PerceptionsIndex. 1 Morocco is 80th out of 183 countriesevaluated and the 10th most corrupt country out ofthe 18 Arab states. In 2011, 4,415 corruption courtcases were filed around the country. 2The ranking of Morocco vis-à-vis corruption reflectsthe extent to which this phenomenon is deeplyrooted in the country’s ecosystem. The current statusof corruption should ring an alarm for the authoritiesto prioritise addressing it in order to guarantee anaccountable and transparent public sector, the primeinvestor in the country and the least trusted.The reality of matters is that the recently electedgovernment, in what are known as the mostdemocratic and transparent elections followingthe Arab Spring, has chosen to bury its head inthe sand about the issue. The main slogan of theelectoral campaign of the Islamist party currentlyin power, Hizb Al-Adala Wa At-tanmia (Justice andDevelopment), was the extinction of corruption inMorocco if they won the elections. However, a controversialanswer by the elected head of the partyand current Prime Minister Abdelilah Benkiraneabout the government policy against corruptionduring a recent interview with Al-Jazeera left themedia and civil society baffled and outraged. Hequoted a verse from the Quran that “God forgiveswhat occurred in the past, and if anyone backslides,God will take revenge from him.” 3 The explana-1 cpi.transparency.org/cpi2011/results/2 hespress.com/societe/50570.html3 www.moroccoworldnews.com/2012/08/50595/the-unbelievableirresponsibility-of-mr-benkiranetions he provided did not appeal to the Moroccanaudience; he sounded defeated and helpless withno concrete plans to eradicate corruption.Citizen media websites and social media channelsexploded with harsh criticism towards theprime minister’s “strategy” and demanded thatthe head of the government should work on settingup a transparent and reliable legal mechanismto bring corrupt individuals to justice.Anti-corruption legislative contextMorocco ratified the United Nations ConventionAgainst Corruption in 2007 and established theCentral Authority for the Prevention of Corruptionin 2008, whose efficiency is limited since it is notentitled to investigate and prosecute corruptioncases. 4The agency launched a website to stop corruptionin 2009, 5 and it is exclusively dedicatedto corruption incidents related to public tendersand investment operations pertinent to small andmedium-sized enterprises. However, only 600 corruptionincidents were reported during the first yearafter it was launched 6 – small enterprises generallyrefrain from denouncing corruption and are scepticalabout the effectiveness of such mechanisms.A recent study on public tenders transparencyconducted by the Moroccan Competition Council,which reports to the prime minister, concludedthat 63% of the enterprises confirmed corruptionstill reigns in approving public tenders, while 44%of enterprises stated that it is still extremely difficultto access information about public tendersand they usually have to rely on their professionalnetwork to get the information needed. 7The National Agency for the Promotion of Smalland Medium Enterprises, the Central Authority forthe Prevention of Corruption and the General Confederationof Businesses 8 lobbied the governmentto implement laws to inject more transparency in4 www.transparency.org/whatwedo/pub/national_integrity_system_study_overview_morocco_20095 www.stopcorruption.ma6 www.stopcorruption.ma/index.php?option=com_content&view=article&id=78%3Aqla-corruption-est-bieninstallee-au-marocq-&catid=37%3Aarticles-de-presse&lang7 almassae.ma/node/498648 www.econostrum.info/La-corruption-est-bien-installee-au-Maroc_a7273.htmlMOROCCO / 161

the Moroccan judiciary system and win the trust offoreign investors. In a recent survey carried out byTransparency International, 31% of the businessesinterviewed confirmed that in the last 12 monthstheir company had failed to win a contract or gainnew business in the country because a competitorpaid a bribe. 9In order to reinforce the legal mechanism tocombat corruption, a declaration of assets law wasapproved in 2008 along with a law on the protectionof whistleblowers. Yet the country has no lawregulating conflict of interests between a minister’sofficial functions and private activities. Ministersand parliamentarians are obliged to declare theirassets, but declarations are not publicly available. 10Corruption in Morocco does not only affectforeign investments and the business sector;the normal citizen also suffers from the lack oftransparency and accountability of the public administrationwhich makes it difficult to have accessto services that are an inherent right. Corruptionextends throughout various sectors and levels,including the judicial system, police, land administration,licences, infrastructure and public utilities(education and health), and customs.Sometimes the only way for a normal person toget served is to pay a bribe. Bribery is negativelyperceived in the society, but it is widely acceptedas in some cases it is the only resort to preventhassle or to save time seeking a governmentalservice. People have no faith in the judicial system,so reporting bribes is not a common practice sinceincidents of corruption are widespread and the authoritiesare not able to absorb the problem.Corruption, the internet and social mediain MoroccoThe widespread use of the internet in Morocco– and specifically social media and citizen media– have slightly changed people’s perceptionsabout reporting bribery cases. It all started back in2007 when an unidentified person called “TarguistSniper” posted four amateur videos on YouTube 11showing gendarmes stopping car after car to extractbribes. This incident triggered a new trend insociety: it inspired other people to follow the samesteps to denounce illegal practices of the policeusing the same method.The outcome of the videos posted by the peoplehas led to several arrests amongst the gendarmes9 www.transparency.org/research/bps201110 www.business-anti-corruption.com/country-profiles/middle-eastnorth-africa/morocco/general-information11 www.youtube.com/watch?v=Z8RgWRmRtUcinvolved in bribery. It seems to be an effectiveway to prosecute any official caught red handedin the act of accepting bribes. It is now very commonto read about “Targuist’’-style arrests, yet thepublic is still concerned about the briberies thatoccur amongst higher-level officials and cannot betracked and accounted for.Many Facebook groups 12 have emerged to denouncecorruption practices in Morocco. 13 Peoplehave started taking initiatives to raise awarenessabout the phenomenon and its impact on the localeconomy from a citizen perspective. There areno signs that the government is taking these effortsinto account; however, civil society is pushingforward by taking the lead role in mobilising thepublic to report on bribery cases using online tools.Transparency Morocco has recently launched atraining programme for bloggers and social mediaenthusiasts at the local level 14 who are interestedin contributing in its mission to eradicate corruptpractices in the Moroccan administrative system.Transparency Morocco is also championing anonline website with a group of activists dedicatedto mapping bribery in Morocco. Since it was establishedin January 2012, “Mamdawrinch”, 15 whichmeans “we will not bribe” in Moroccan dialect,has received 109 bribery reports. 16 The websitealso specifies the total amount of the bribes in thecases disclosed. The platform is quite useful forreaching people living in remote areas; however,it might be challenging to get an accurate pictureof what is happening on the ground since the illiteracyrate in Morocco is 56.1% 17 and there arealso limitations of computer and internet access.Another challenge this platform is facing relatesto its lack of public exposure and media coverage.Very few people know that such initiatives exist,hence the impact it has created so far is limited.Civil society in Morocco is a legitimate candidateto advocate against corruption. Using new technologiesand the internet as the main channel ofoutreach can tremendously boost its positioning asan effective stakeholder in eradicating corruption.Yet there are various obstacles that stand againstmobilising the general public, namely the lack ofgovernment support and the lack of follow-up onsuch initiatives. Nevertheless, it could be too earlyto measure the impact created by platforms such as12 www.facebook.com/pages/contre-la-corruption-aumaroc/158070820916805?sk=info13 www.facebook.com/LutteContreLaCorruptionMaroc14 www.facebook.com/TransparencyMorocco15 www.mamdawrinch.com/main16 As of 17 September 2012.17 hdrstats.undp.org/en/countries/profiles/MAR.html162 / Global Information Society Watch

Mamdawrinch since it is still new. In the long run, itcould eventually trigger citizens’ integration in theanti-corruption policy-making process which awaitsthe lead of the Moroccan government.The absence of online platforms powered bythe government to report bribery cases directlyhas prompted the further interest of citizens intaking refuge using social and citizen media channelsto divulge corruption cases and express theirviews about the phenomenon and how it shouldbe tackled. One should question the reason whythe potential of new technologies in combatingcorruption on a larger scale is still completelyignored by the government. Having an online anticorruptionmechanism and a reliable platform todenounce any illegal practices could have wonback people’s confidence in the Moroccan administrativesystem.A rather shy effort by the government of Moroccoto join the wave of open-data initiatives inorder to reinforce the notion of public servicestransparency and the right to access informationwas the launch of a basic online platform includingfreely available electronic data. 18 The website providesvarious ranges of statistics on the kingdom’skey sectors. The website specifies that informationis useful to researchers, journalists, privatecorporations or the public in general. However, theinformation listed is not frequently updated.Integrating the use of new technologies, andmore specifically the internet, while engaging thepublic in leading the battle against corruptionseems to be the best strategy for governments.The information disclosed by citizens using onlineplatforms to report on bribery cases could beused to map the sectors where corruption is widespread.It could also help centralise informationand even engage the same people in suggestingnew mechanisms or procedures to combat thisphenomenon. Providing quantitative analyses ofthe cases reported can help gauge the knowledgegap and raise the public’s awareness as to howmuch corruption costs a sluggish economy in a developingcountry like Morocco.ConclusionAlthough Morocco has been undergoing significantsocial and economic reforms during the lastdecade, the country still faces socio-political challenges.One of them is the widespread corruptionat both the small and large scale including thecountry’s political life. The concept of corruptionis deeply rooted in the society and in people’s18 data.gov.ma/Pages/Apropos.aspxattitudes. People who pay bribes to get governmentservices would justify their act and even callit a “gift” to make it sound acceptable. It makes ittwice as hard to eradicate corruption if it is widelyaccepted in the culture.Changing the public’s perception and raisingawareness about the negative impact of corruptionon the economy is absolutely necessary inthe case of Morocco. The Ministry of Educationhas recently launched an initiative in partnershipwith the Central Authority for the Preventionof Corruption to integrate a code of ethics in theschools’ curriculum. The objective is to instil positivevalues at the heart of Moroccan society, usingnew strategies and educational programmes. Thisinitiative is expected to foster the emergence of ageneration able to fight against corruption and restorethe principles of integrity and accountabilityin the society. 19Information and communications technologies(ICTs) have become an important pillar of democracyand human rights in a modern society. Theyexpand citizen social mobilisation which can impacton policy and decision-making processes.They produce a better-informed and active citizenwho is in a position to put pressure on nationalinstitutions to be accountable and responsive tocitizens’ needs and priorities. 20 Using ICTs is yetto be at the centre of the Moroccan governmentstrategy to stamp out corruption. It is civil societyorganisations, citizen media and social mediawhich are taking the lead in raising awarenessabout the issue and crowdsourcing information onbribery cases using the internet.Action stepsEstablishing a reliable and consistent e‐governancemechanism allows individuals to exercisetheir political and civil rights and guarantees theaccountability and transparency of the government,besides being a key tool in the fight againstcorruption.Citizens must have a say in influencing or challengingpublic policies, monitoring the quality ofpublic services, and suggesting a better way tohandle procedures, since they are the ones directlyaffected by government decisions.In the case of Morocco, using ICTs might not bethe magic wand that will ensure more transparencyand accountability on the part of the government.19 www.e-taalim.com/fr/institutions/institutions-education/maroclutte-corruption-education.html20 www.spidercenter.org/sites/default/files/Increasing%20transparency%20and%20fighting%20corruption%20through%20ICT.pdfMOROCCO / 163

However, policies ought to be adjusted for thosetechnologies to play a role in the fight against corruption,and that includes:• Mobilising and empowering citizens by providingan online platform offering centralisedinformation on corruption and encouraging thepublic to report bribery cases.• Establishing web-based portals which shouldinclude all the administrative procedures inplace to improve public sector transparency.• Utilising ICTs in launching campaigns aboutcorruption to build capacity amongst citizenson what it means and to what extent it negativelyaffects the economy.• Automating public service application processesand introducing tracking systems online andvia mobile services to follow up on administrativeprocedures.• Investing in setting up a solid and reliablee‐government system to completely cut out therole of the government’s “middle persons”. n164 / Global Information Society Watch

NepalEmpowering CITIZENS THROUGH APPROPRIATE TECHNOLOGIESKishor PradhanIntroductionIn early October 2011 an incident took place at TribhuvanInternational Airport in Kathmandu, Nepal, whichsuccinctly illustrated how information and communicationstechnologies (ICTs) such as mobile phonesand the internet can be best used to curb corruption.The case in point was of a Nepali Sherpa woman whowas travelling to the United States from Kathmanduwith legitimate travel documents and a US visa, butwho was not cleared for travel by immigration officials.The officials allegedly suspected the legitimacy of herpassport and visa and demanded 150,000 Nepaleserupees (about USD 2,000) to allow her to travel. TheSherpa woman eventually succumbed to the immigrationofficials’ demand, bargained the amount downto 100,000 rupees (around USD 1,500), paid it, andboarded the plane to the US.Amazingly, when the young Sherpa woman was beingquestioned and harassed at the airport and askedfor money to get immigration clearance, she had thepresence of mind to secretly record her ordeal usingthe video camera on her mobile phone. A week afterreaching the US, the Sherpa woman, with the help oflocal journalists in Kathmandu, organised a press conferencethrough Skype and narrated her ordeal. Herstory was covered extensively by the media in Nepaland was made available all over the web. The PrimeMinister’s Office (PMO) eventually reacted by lookinginto the matter, and ordered the Commission for Investigationof Abuse of Authority (CIAA) to investigate andpunish the culprits. The CIAA, the apex constitutionalanti-corruption body of the government in Nepal, immediatelyterminated the employment of the corruptimmigration official, and the case was further investigated.1 In the past few years government agenciesand civil society organisations in Nepal, such as theCIAA, 2 the PMO and Transparency International Nepal,which all work to fight corruption in the country, haveadopted ICTs to solicit complaints and promote zerotolerance to corruption. Most of the anti-corruptiongovernment agencies and civil society organisationshave been providing public services that allow citizensto complain by email, SMS or telephone when they aresubject to corruption.Institutional and policy provisionsAccording to Transparency International’s annualreport, Nepal is the second most corrupt country inSouth Asia. The Corruption Perception Index (CPI)2011 ranked Nepal in 154th position on the list ofthe least corrupt countries.Nepal signed the United Nations Conventionagainst Corruption (UNCAC) in 2003 and ratified itrecently in September 2011. Nepal has also recentlyenacted an Anti-Money Laundering Act, ProcurementAct, Right to Information (RTI) Act and Good GovernanceAct to fulfil the legislative prerequisites forUNCAC. The country is drafting further legislation includingthe Mutual Legal Assistance Act and Witnessand Whistle Blower Protection Act to comply with theprerequisites of UNCAC. The RTI Act was enacted inNepal in 2007 and to uphold it the National InformationCommission was formed in 2008.The CIAA website has an online complaint handlingsystem which states that its objective is tomake the complaint process more convenient, easy,efficient and secure for the general public. 3 Similarly,if one visits the official website of the PMO,one will come across a menu item with the title of“Complaints/Suggestions”. Clicking the link leadsto a page where one can give feedback to the PMOonline by filling out a submission form. 4Besides the CIAA, other institutional anti-corruptionauthorities or agencies in Nepal include theNational Vigilance Centre (NVC). The NVC has beenestablished to help raise awareness of corruptionand engages in activities that will help prevent corruption.Its main purpose is to conduct oversightfunctions to ensure that public offices adhere to theprinciples of good governance and transparency.The NVC is responsible for monitoring income andasset disclosure by public officials. However, accordingto the Global Integrity 2008 report, the NVChas not been able to effectively monitor these disclosuresdue to the lack of strong political will andthe inadequacy of governing rules and regulations.1 A complete TV report on the incident can be viewed at www.youtube.com/watch?v=VBEohTiJ7vA2 For further details on the CIAA visit ciaa.gov.np3 For further details visit ciaa.gov.np/OC/index.php?language_type=14 The PMO’s website can be accessed at www.opmcm.gov.np/en/NEPAL / 165

During the political transition in Nepal from akingdom to a republic the Commission to Investigatethe Wrong-doings of the Royal Government (CIWRG)was formed in May 2007. According to the TransparencyInternational Report 2008, the CIWRG heardtestimony from 200 ministers, senior civil servants,and army and police officers, including former vicechairsand members of the Royal Cabinet. Othercases involving financial irregularities and corruptionwere further investigated by the CIAA.The Office of the Auditor General (AG) as an anticorruptionauthority carries out audits of accountsof all the public offices and public corporations,including government and ministerial agencies inNepal. The constitution ensures the AG completeindependence. The staff of the AG’s office is recruitedthrough the civil service commission. Auditreports are required to be made public. The auditinstitution is also engaged in advising on improvementsof institutions and procedures within publicadministration. However, critics of the AG argue thataudits are generally ineffective, that state auditorslack expertise, and that the AG’s findings and recommendationsrarely generate a prompt responsefrom the institutions concerned.In addition, the Public Accounts Committee(PAC) is a parliamentary special committee that wasconstituted in 2007 to provide oversight of publicfunds. The PAC’s role is to conduct independentinvestigations of audit objections. However, accordingto the Global Integrity 2008 report, due to a lackof efficient staff and political will, its functionalityis largely ineffective and the government often ignoresthe PAC’s directives and seldom implementsthe reform measures suggested by it.Provisions and practicesThe case of the Sherpa woman using a mobilephone to record the corruption incident and laterorganising a press conference through Skype fromthe US is definitely an impressive example of howICTs can be used for curbing corruption and makingthe authorities accountable. However, such an incidentis an exception. It cannot be generalised thatevery Nepali citizen who is prone or subject to corruptionwould be smart enough to do the same, andthere have not been that many similar cases whichillustrate the use of ICTs in Nepal to curb corruption.According to Iswori Prasad Paudyal, the spokespersonfor CIAA, the commission’s online complaintsystem has been operational for the past five years.On average about 100 complaints have been fileda year, which he feels is few given the volume ofcorruption incidents in Nepal. Of these about 20%to 30% are complaints made by individual citizenssubject to corruption. However, the complaints filedare seldom followed up by the complainants. Isworisays the ineffective use of the online complaints systemcould be because of a lack of awareness; a lowlevel of access to computers and internet or onlinesystems; fear of lodging complaints; and a lackadaisicalattitude towards corruption, amongst others.He says that the CIAA has organised more than 300workshops to raise awareness on using anti-corruptionprovisions like the online complaints systems,targeting more than 40,000 government officials,teachers, students and civil society groups. But theresults have not shown the desired impact. He saysthe overall fundamental problem is political. Thehigher authorities in the government such as ministers,secretaries, political parties and other powerplayers in Nepal should be proactive and seriousabout corruption control so that the provisions canbe effective. The social mindset itself regarding corruptpractices also needs to change. 5As far as the complaints/suggestions link onthe PMO’s website is concerned, the IT Division atPMO informed me that people do use the feedbacksystem to lodge complaints or provide suggestionsto the government. However, how frequentlyit is used to lodge complaints or suggestions in amonth could not be objectively ascertained, as thesubmissions by the public get forwarded directly toa configured email at the PMO secretariat and thedata is not made available to public.Another service called Hello Sarkar (Hello Government)– a hotline telephone service providedby the PMO to address various public grievances –has been operational since January 2012. A personcan dial a number to lodge a complaint, fax, emailor send a text message, or visit the PMO’s websiteto receive the service. During the first four monthsafter its launch, people lodged more than 4,600complaints, of which 30% were effectively sortedout, according to Lila Mani Poudel, a PMO secretarywho supervises the hotline service. 6The impact of the Hello Sarkar service has beennoteworthy. Since it was started the media reported:“The impact of the much-talked-about HelloSarkar public complaints hotline is being seen inone instance after another. Some 41 bus passengersin Itahari were able to recover Rs 6,150 fleecedfrom them by the bus owners on Saturday thanks totimely intervention by the Hello Sarkar team.”The saga of how the disgruntled passengerswere able to recover their money is interesting. Accordingto Narendra Gywali, an officer at the Hello5 Based on personal conversation with Ishwori Prasad Paduyal.6 www.asianewsnet.net/home/news.php?id=28400&sec=1166 / Global Information Society Watch

Sarkar control room, one Tirtha Adhikary phoned uparound 7:30 p.m. one Friday to say that “[a] passengerbus – Na 3 Kha 7140 – had forcibly collected anadditional Rs 140 from each of the 41 passengers.The bus owners and conductor did us an injustice.We need your instant action and support.” The officialsthen discussed whom to contact to sort outthe problem. They ended up contacting a policecontrol room, asking them to address the problemthrough the local police without delay. The bus wasen route to Kathmandu from Birtamod, Jhapa. Localpolice went into action following instructions fromthe central level and stopped the bus at Itahari. Duringan inspection, it was found that the bus ownershad indeed collected additional money from the 41passengers. Police had the Rs 6,150 refunded to thepassengers and the bus driver was arrested. Immediatelyafter that incident, there was another phonecall at the Hello Sarkar control room, this one statingthat another bus en route to Kathmandu fromJhapa was also collecting extra money from passengers.Officials again instructed police to punishthe bus people. Police tried to identify the bus butit never came via that route. “The bus disappearedsuddenly,” said an official. 7The executive director of Transparency InternationalNepal, Ashis Thapa, says that in theirexperience, a telephone hotline corruption complaintservice that they have been providing ismore popular than their online complaint systemunder their anti-corruption advocacy and lobbyingprogramme. The cost for using the hotline serviceis covered by Transparency International. He saysthat 99% of corruption complaints that they receiveare through the telephone hotline. TransparencyInternational started the hotline service in 2009and the online complaint system in 2010. However,Thapa does not rule out that the online complaintsystem can be effective. He says that with morecampaigning, advocacy and awareness raising onthe availability of the online complaint system, itcan result in the desired impacts, since the numberof people with access to the internet has been rapidlyincreasing in Nepal. 8In the case of RTI, a report published by theWorld Bank in January 2012 entitled “Implementationof the Right to Information in Nepal: StatusReport and Recommendations” states that the “[i]mplementation of the right to information in Nepal– where the right has been guaranteed both in theConstitution since 1990 and by an act of Parliamentsince 2007 – has so far been weak. On the supplyside, public bodies have done little to meet their extensiveobligations under the law: many have noteven appointed dedicated information officers andmost of the information subject to proactive disclosureunder the law remains unpublished. On thedemand side, the number of requests from both civilsociety groups and the general public has been lowand there has been little pressure on public bodiesto be more open. The National Information Commission(NIC), formed in 2008, has until recently beenunder staffed and under resourced, although that isstarting to change.” 9Conclusions and action stepsThere have been mixed experiences regarding theuse of the internet in fighting corruption in Nepal.As this report has suggested, telephone servicesare currently preferred by citizens when reportingon corruption. However, currently 50% of Nepalicitizens have access to mobile phones. Because ofthis, together with the rapid growth of internet usersand access to online services, it cannot be ruledout that in the near future the internet will play asubstantive role to make a dent in curbing corruptionin the country.The following action steps can be suggested:• Government and non-governmental agencieswhich are responsible for fighting against andacting on corruption should create effectivelinks with internet service providers, telecomservice providers and others to provide moreuser-friendly, accessible online services for onlinecomplaint systems.• There should be more effective campaigns andawareness-raising efforts by both the governmentand civil society regarding the use of theinternet to fight corruption.• Public Internet Centres, like the Public CommunicationOffices, could be set up by thegovernment in collaboration with non-governmentalorganisations to facilitate access tothe internet at a subsidised cost to the generalpublic.• Donors and civil society in Nepal need toproactively lobby for formulating a propere‐governance policy that incorporates the useof ICTs for good governance and fighting corruption.n7 texasnepal.com/news/hello-sarkar-restores-rs-6150-to-fleecedbus-passengers8 Based on personal conversation with Ashis Thapa.9 The complete report is available at www.freedomforum.org.np/content/attachments/article/114/RTI-Report-Nepal%20_World_Bank.pdfNEPAL / 167

NetherlandsTransparency International in the NetherlandsJoost Wiebenga (Member of the Board)www.transparency.nl (Netherlands)and www.transparency.org (global)Introduction 1A US diplomatic cable, classified as “secret”, reportson a briefing given to the US ambassadorin an emerging oil country in connection with ameeting that was held with a senior executive of amultinational oil company in February 2009. Duringa discussion of the high level of corruption inthe oil state concerned, the senior executive gavethe example of a bribery demand by the country’sattorney general: that he would sign a requireddocument only if paid USD 2 million immediately,and another USD 18 million the next day. This cablewas one of the of 250,000 US State Department cablesreleased by WikiLeaks in 2010. WikiLeaks is aninternational, online, self-described not-for-profitorganisation publishing submissions of secret information,news leaks, and classified media fromanonymous news sources and whistleblowers. 2 Asa result, Julian Assange, the (former) spokespersonand editor-in-chief of WikiLeaks, has come undersevere scrutiny for his controversial decisions torelease these documents and is currently hiding inthe Ecuadorian embassy in London to eventuallyavoid extradition to the US via a primary extraditionto Sweden where he is suspected of rape and sexualmolestation.The virtual whistleblowerSecrecy is often controversial, depending on thecontent of the secret, the group or people keepingthe secret, and the motivation for secrecy.Secrecy by government entities is often perceivedas excessive or in promotion of poor operation.However, excessive revelation of information onindividuals can conflict with virtues of privacy andconfidentiality.1 Parts of this article were first written in connection with the DutchNational Compliance Debate 2011 organised by the Dutch law firmHouthoff Buruma. See: www.houthoff.com/fileadmin/user_upload/Popular_Topics/National_Compliance_Debate_2011.pdfThe editor has provided unconditional approval to use all or part ofthis article for GISWatch.2 www.wikileaks.orgMost nations have some form of an official secrecyact (such as the Espionage Act in the UnitedStates) and classify material according to the levelof protection needed. Similarly, organisations rangingfrom commercial multinational corporations tonon-profit charities keep secrets for competitiveadvantage, to meet legal requirements, or, in somecases, to deliberately and inappropriately concealbad practices. New products under development,unique manufacturing techniques, or simply listsof customers are types of information lawfullyprotected by trade secret laws. Other laws requireorganisations to keep certain information secret,such as medical records or financial reports that areunder preparation to limit insider trading. The EuropeanUnion and its member states have strict lawsabout data privacy and data protection.Besides simply blocking the WikiLeaks website(which could be perceived as censorship resemblingsimilar actions in China, Russia 3 and North Korea),the US Department of Justice still wants to prosecuteAssange for his actions in releasing classifieddata. However, charging Assange will prove difficultbecause he merely published the documents thatwere allegedly provided to him by US Army soldierBradley Manning. While Manning is currently inmilitary prison and has been charged with illegallydownloading the leaked files, Assange’s defencewill be that he is protected by the First Amendmentto the US Constitution. 4 More importantly,and in spite of the characterisation of the leakeddocuments, it will be interesting to learn what thecompetent authorities will do with the express orimplied allegation of bribery or bribery demand asmentioned in the referenced cable.Similar constraints apply to private whistleblowers,for example, in the business environment.In the past, many good faith whistleblowers wereretaliated against by their defensive employers, orlost in court on the argument of having disclosedcompany secrets and/or infringed or disturbedthe mutual trust and professional relationship.3 On 11 July 2012 Russia’s parliament passed a controversial billallowing the government to block blacklisted websites.4 The First Amendment protects the rights to freedom of religionand freedom of expression from government interference.Freedom of expression consists of the rights to freedom of speech,press, assembly and to petition the government for a redress ofgrievances, and the implied rights of association and belief.168 / Global Information Society Watch

Nowadays, encouraged by huge corporate scandals(Enron, WorldCom, Ahold, Parmalat, etc.) andsubsequent societal outrage, many, in particulardeveloped countries, have enacted whistleblowerlaws or improvements thereof. In the frameworkof more transparency, fair disclosure and accountability,some countries even allow anonymouswhistleblowing, while retaliation against employeesis strictly forbidden. This process can beeffectively facilitated and implemented by, for example,24/7 online software-as-a-service (SaaS)solutions 5 which enable communications betweenthe employer (or its independent designate) and theanonymous employees in any language through,amongst other features, unique coding and translationprograms.At the extreme end of the spectrum, theWhistleblower Rules were enacted in May 2011 asan integral part of the US Dodd Frank Act, providingfor a “bounty” of 10% to 30% of the aggregatemonetary recovery from government enforcementactions for whistleblowers who voluntarily providethe Securities and Exchange Commission (the USwatchdog of publicly listed companies) with originalinformation about potential violations of thefederal securities laws. These need to lead to a successfulenforcement action resulting in sanctions ofUSD 1 million or more. In April 2012 a whistleblowerreceived USD 21 million for triggering a successfulfederal inquiry into Medicare fraud at his formerFlorida employer.Where whistleblowers still should be concerned(as even anonymous whistleblowers can sometimeseasily be unveiled, in particular in smallerorganisations), 6 corporations and government institutionsshould not. Whistleblowers (except thosewho act in bad faith or disgruntled employees whoincorrectly want to settle an old score) will eventuallyprotect a company against infringement,prosecution or conviction. The companies shouldaccept the challenge to be(come) compliant andembrace a compliant culture. Not cosmetically inwords and documents, but in hearts and minds.Besides, it enhances the possibility that the whistleblowerwill report the matter internally rather than(immediately) going to the external authorities, themedia or WikiLeaks. It is noted that not only thewhistleblower should be protected against retaliation,but also the alleged accused person and/orcorporation should be considered to be innocentuntil proven guilty.Unfortunately, many reputations have beendamaged on the mere accusation of wrongdoing. Inthe European Union there is a tendency to subjectwhistleblowing to a proportionality test 7 in relationto the envisaged aim, which can be based on fourelements, namely:• There must be a legitimate aim.• It must be suitable to achieve the aim (potentiallywith a requirement of evidence to show itsjustification).• There must be no reasonable alternative toachieve the aim, considering the risk of exposureof the whistleblower.• It must be reasonable, weighed against theseverity of the alleged wrongdoing and the potentialdamage to the target.Why does (sustainable) compliance matter?The Greek philosopher Plato (427 BC-347 BC) hadalready the wisdom to say that “good people donot need laws to tell them to act responsibly, whilebad people will find a way around the laws.” In theKing Report on Corporate Governance for South Africa(2002) it was noted that “you cannot legislate acompany into good behaviour.”Compliance is one of those catch-all terms thatmean different things to different people. Compliancewith what? The strict definition of compliancein legal terms could be confined to “fulfilling of internaland external laws and regulations”, 8 whilecompliance risks refer to “the risk of legal sanctionsand of material, financial and/or reputation loss”. 9Over time the term compliance has gone beyondwhat is legally binding and has embraced broader(self-regulatory) standards of integrity and ethicalconduct. 10 Matten and Crane opine that “businessethics can be said to begin where the law ends.” 11Consequences for the company for non-compliancecan range from dawn raids, lengthy investigations,5 www.saas.com6 According to the US Ethics Resource Center (ERC), retaliationagainst workplace whistleblowers was rising in 2011, due to“increasing levels of stress at workplaces in transition becauseof the sluggish economy, mergers, and other disruptive events.”More than 22% of employees who reported workplace misconductin 2011 said they also experienced some form of retaliation,compared to 12% in 2007 and 15% in 2009, the ERC said. www.ethics.org/news/retaliation-against-whistleblowers-rising-fasterreporting-ethics-resource-center-reports7 Craig, P. and de Burca, G. (2001) EU Law: Text, Cases and Materials(5 th ed.), Oxford University Press, Oxford, p. 526.8 KPMG (2008) Anti-bribery and Anti-corruption Survey.9 Basel Committee on Banking Supervision (2005) Compliance and theCompliance Function in Banks, Bank of International Settlements.www.bis.org10 Vereniging Compliance Officers (2005) Professional CompetencyProfile (Version 2). www.vco.nl11 Crane, A. and Matten, D. (2007) Business Ethics (2 nd ed.), OxfordUniversity Press, Oxford.NETHERLANDS / 169

substantial fines, void and unenforceable agreements,civil actions and third party damages,management, accounting and legal costs, loss oftax credits and government contracts, bad publicityand damage to a share price. Exposure for individualemployees can entail prison, high fines, directordisqualification, disciplinary offences/loss of joband harm to personal reputation.Depending on the vision, goals and resourcesa company can decide to strictly comply with theminimal legal and regulatory requirements on theone end of the spectrum (“keep me out of jail”)through the full breadth of compliance with guidingprinciples and codes of ethics on the other endof the spectrum, encouraging behaviour in accordancewith the letter and the spirit thereof (“createa competitive advantage”). The latter is foundedon a sound corporate culture and underpinned bya set of comprehensive assurance procedures andjoint ethical values such as honesty, integrity, professionalism,teamwork and respect for people. Thefirst, strict category might, on the other hand, allowthe export of drugs which are (still) unapproved inthe country of manufacturing to be used by the citizensof foreign nations where the local legislationdoes not prohibit them, in spite of possible noxiousside effects. The full breadth category would dislikethe ethical difficulty of creating a double standardwhich would legally allow such export that had notyet been determined safe and effective for use inthe company’s own country. Ethical values and legalprinciples are usually closely related, but ethicalobligations typically exceed legal duties. In somecases, the law mandates ethical conduct. Sometimesthe law does not prohibit acts that would bewidely condemned as unethical. And the contrary istrue as well: the law also prohibits acts that somegroups would perceive as ethical. 12The advantages of ethical behaviour may include:higher revenues through higher demandfrom positive consumer support, proved brandand business awareness and recognition, betteremployee motivation and recruitment, and newsources of finance – for example, from ethical investors.13 The US Corporate Executive Board (CEB)surveyed about 130 companies for the level of integritywithin their corporate cultures and found thatcompanies scoring the highest marks outperformedthose with the lowest by more than 16 percentagepoints when it came to shareholder returns. The topquartile of companies surveyed averaged a 10-year12 Anstead, S. M. (1999) Law Versus Ethics in Management, Universityof Maryland.13 Baumhart, R. (2010) (revised) What is Ethics?, Issues in Ethics, 1 (1)(Fall 1987).total shareholder return of 8.8%, while the bottomquartile averaged a loss of 7.4%. What these resultsdemonstrate is that not only does an emphasis oncorporate integrity make money over the long term,but a lack of corporate integrity will cost a companymoney over time.The way compliance is organised and underpinnedcan vary between rules-based, risk-basedand values-based regulations and combinationsthereof. Scandals in the area of corporate governancein the US (Enron, Tyco, WorldCom), Italy(Parmalat) and the Netherlands (Ahold) led to strictregulations (i.e. the rule-based Sarbanes OxleyAct of 2002) in the US and corporate governancecodes (i.e. primarily based on principles and withless binding legislation) in Europe. It depends onall kind of aspects in the area of corporate governanceand societal aspects. Some countries believethat value-based systems eventually provide betterresults than carving every rule in stone. Thestakeholder-focused Dutch “Poldermodel” hasa different approach and prioritisation than theshareholder-focused Anglo-Saxon model. Most civillaw jurisdictions around the world favour the use ofprinciples and guidelines and extend a belief andtrust in their organisations to subscribe to suchprinciples. Such faith also leaves the vigilance ofgood practice to the larger community, and leavesunclear the specific consequences, assuming thatpublic exposure of non-compliance with theseprinciples will result in significant loss of face andcredibility.In the US, there is a tendency not to extend suchtrust, and instead to develop and insist on complianceto a specific set of rules. In such a system theconsequences of non-compliance are clear, andsupposedly swift, yet restricted to the jurisdictionof the regulatory body. Unfortunately, a rules-basedapproach also tends to encourage some to playgames with the rules, to find loopholes in the rules,and to find ways around the rules.“Do as I say, not as I do” commands may resultin an ineffective environment. The worst situationsoccurred when management participated in highlyquestionable business practices and the board ofdirectors turned a “blind eye”. What really counts inthe end is substance over form.Conclusion and guidelines for action steps:Noblesse obligeThe French phrase “noblesse oblige”, literallymeaning “nobility obliges”, is generally used toimply that with wealth, power and prestige comeresponsibilities. In ethical discussions, it is usedto summarise a moral economy wherein privilege170 / Global Information Society Watch

must be balanced by duty towards those who lacksuch privilege or who cannot perform such duty. Italso refers to providing good examples of behaviourand exceeding minimal standards of decency.Consider compliance not a threat or nuisance butan opportunity for a sustainable competitive advantage.Compliance can turn around harmful exposureand surprises into controlled risk mitigation anddamage control. Besides, compliance can have apositive impact on employees’ attitudes and behavioursand may attract talented people. The majorstakeholders will likely perceive compliance as abenefit and certainly non-compliance as a huge liability,both in terms of monetary damages and lossof reputation.Many public multinationals listed in both the USand the Netherlands apply a mixture of rules, principlesand values, in combination with a solid internalcontrol framework that can help management to determinehow much uncertainty is accepted. This alsohelps to determine how the risks and opportunitiesderiving from this uncertainty can be effectivelymanaged in order to enhance the capacity to buildvalue. Besides this, the multinational must have:• A robust, “breathing and living” complianceprogramme• Regular, iterative, live and online training (withethical dilemmas and actual cases)• Enforceable contractual anti-bribery provisions• Intermediary or business partner certifications• Red flag scenarios• 24/7/365 anonymous complaint opportunities• Monitoring• A thorough and relentless incident managementsystem.Multinationals can make much of this informationavailable online to their stakeholders (suchas employees, supervisors, shareholders, societalcommunity, civil society, regulators, etc.) asappropriate and publicly report on the statistics,improvements, gaps and opportunities to meet thecriteria of good corporate governance, transparency,corporate social responsibility, sustainabilityand stakeholder accountability. Many can be implementedusing innovative technological solutions.Where norms may have been developed on afoundation of values, the maintenance of norms isan essential component of risk mitigation througheducating, motivating (“carrot”) and disciplining(“stick”) employees as necessary. nNETHERLANDS / 171

has the highest cost of petrol per litre and is the onlymember that imports 80% of its refined petroleumproducts. 4 This situation has developed over theyears due to failure to invest in the refinery and maintenancesector of the petroleum industry, despite theregular announcement of funds allocated for turnaroundmaintenance of the existing refineries.The mainstay of opposition to what is perceivedas a widespread lack of transparency and accountabilityon the part of the Nigerian government andits agencies in the oil industry has been Nigeriancivil society. The government’s repressive tacticshave not dimmed their vocal and independent responseto the Nigerian crisis. 5 Their voices havebeen amplified by their access to the internet, andthe government propaganda machinery has notmatched their effective use of social media. Therewere whistleblowers who would release advancenotices of the government’s actions and they foundready partners in civil society. Nigerian civil societyhas also effectively linked up with Nigerians in thediaspora, 6 such as the US-based Nigerian DemocraticLiberty Forum (NDLF), making use of everyopportunity to challenge visiting Nigerian officials. 7The spontaneity and nationwide spread of vocaldiscontent over the sudden removal of the petrolsubsidy may have caught the government off guard.Previous mass protest had usually been at the instigationof the Nigerian labour movement. But thefuel protest had transcended such borders, and ata time when Nigeria was still under attack by fundamentalistIslamic terrorists, the protesters hada common cause that also transcended ethnic orreligious divides. Reports were received of Muslimsprotecting Christian worshippers during theanti-government protests, and Christians doing thesame for Muslims. 8The strident opposition of Nigerian civil societyhas helped to keep the oil subsidy issue in the limelightand ensured the intervention of the legislativehouses. The investigation by the ad hoc committeeof the House of Representatives indicted theindustry regulators, the NNPC and PPPRA, for theircollusion with Nigeria’s oil marketers who had beenpaid USD 255 million without making any supply4 saharareporters.com/news-page/occupy-nigeria-civil-societylabour-unions-engage-series-mass-action-january-20125 saharareporters.com/news-page/occupy-nigeria-jonathan-ordersarrest-femi-falana-tunde-bakare-dino-melaye-and-shehu-sanni6 www.informationnigeria.org/2012/01/nigerians-in-diaspora-urgeprosecution-over-subsidy-graft.html7 saharareporters.com/news-page/occupy-nigeria-protests-holdwashington-dc-and-new-york8 www.weeklytrust.com.ng/index.php?option=com_content&view=article&id=8159:why-occupy-nigeria-protests-arespreading&catid=40:cover-stories&Itemid=26of petrol. The international dimensions of the oilsubsidy fraud in Nigeria had been documented ina WikiLeak release that showed that collusion bythe Nigerian regulatory authorities led to the loss ofover USD 300 million. 9To its credit, the House of Representatives hadopposed President Goodluck Jonathan’s plan toscrap the oil subsidy when he presented it in 2011,calling it “premature”. 10 Before the protests, governmentagents had informed the nation that therewas a “cabal” that had misappropriated funds paidto subsidise fuel products. This admission by highlyplaced government officials that there was a fuelsubsidysyndicate was later confirmed when theNigerian Senate released the names of individualsand companies that had received subsidy funds 11and reported that they had subsequently refundedthe amount they received. 12 The Nigeria CustomsService revealed that the fuel subsidy problem hadits roots in the previous administration of PresidentOlusegun Obasanjo and Adamu Ciroma, his financeminister. 13 The government-run NNPC, which hadthe primary responsibility for the industry, has beenranked the world’s least transparent state oil firm. 14It was the findings of the House committee thatencouraged the federal government to institute itsown investigations 15 and demand that fraudulentmarketers refund the subsidy payments they hadcollected. 16The oil subsidy saga has been further complicatedby audiovisual evidence that linked keymembers of the fuel subsidy ad hoc investigatingcommittee of the House of Representatives to attemptsto subvert justice by receiving a bribe fromone of the indicted oil marketers. Video and audioevidence of the bribe was placed in the publicdomain. 179 saharareporters.com/news-page/fuel-subsidy-rip-offs-wikileaksreveals-how-nnpc-cost-nigeria-billions-dollars10 premiumtimesng.com/news/3064-house-rejects-jonathans-planto-remove-fuel-subsidy.html11 saharareporters.com/news-page/fuel-subsidy-scam-senatereleases-names-cabal12 premiumtimesng.com/business/97551-fraudulent-marketersrefund-subsidy-payments-fg.html13 premiumtimesng.com/news/3488-customs-fingers-olusegunobasanjo-adamu-ciroma-in-fuel-subsidy-s.html14 saharareporters.com/news-page/6bn-fuel-subsidy-scaminternational-criminal-court-asked-prosecute-indicted-nigerianoffic15 www.newsnet.com.ng/news/17/08/fuel-subsidy-fg-names-21-companies-under-investigation-alleged-fraud16 premiumtimesng.com/business/97551-fraudulent-marketersrefund-subsidy-payments-fg.html?doing_wp_cron=1352841983.481091976165771484375017 premiumtimesng.com/politics/5869-farouk-lawan-agreed-to-sendthird-party-to-collect-bribe-payment-new-audio-shows.htmlandsaharareporters.com/news-page/fuel-subsidy-probe-oil-biz-magnatefemi-otedola-confirms-bribe-lawmakers-thisday-newspaperNIGERIA / 173

While the police were still investigating the allegationsof bribery, there was an unexpected fuelscarcity in the country. The federal governmentclaimed that the artificial scarcity had been causedby petrol marketers who had been indicted for corruptionin the 2011 fuel subsidy scam. 18ConclusionsAlthough corruption appears to be rife in governmentaffairs, 19 Nigerians have shown courage andwillingness to expose corrupt elements in the society.The entire fuel subsidy saga in Nigeria suggeststhat the various statistics being used to justify theremoval of the subsidy were flawed. If a subsidy existed,it pales in significance when compared to thelevel of corruption in the industry. 20 The Economicand Financial Crimes Commission (EFCC) seems tohave lost steam and is seen by many Nigerians asineffective. 21The struggle for justice in the wake of the fuelsubsidy removal has shown that Nigerian civil societymay not always share the same interests andstrategies with organised labour (the Nigerian LabourCongress and the Trade Union Congress). Civilsociety took exception to the way organised labourcalled off the first wave of civil disobedience withoutadequate consultation. 22Civil society groups have continued to demandjustice and the resignation of key governmentofficials whose offices have been linked to the inefficienciesthat led to the massive corruption foundin the management of the fuel subsidy fund. So farthe officials of the Ministry of Petroleum Resourcesand the NNPC have resisted the calls for theirresignation. 23Internet access and the expertise to deploy thewhole range of social media – Twitter, Facebook,blogs, and photo- and video-sharing sites likeFlickr and YouTube – have made Nigerian netizensa significant player in the exposure and civic activ-ism against corruption in Nigeria. 24 Many of thisgeneration of internet-savvy youth are under 35and comprise more than 60% of the population ofNigeria. It was the netizens and their access to theinternet that kept the various corruption issues inthe public domain, beyond the reach of any governmentagencies. It was clear that citizens’ access toinformation helped to minimise attempts by thegovernment to withhold or distort information.Civil society may have come out of this experiencestronger and better equipped to monitorgovernment actions. The misgivings of civil society,which were initially discounted by the government,now appear to be closer to the truth than any informationcoming from government sources.It is now clear that the government takes noticeof the various internet-mediated activities of Nigeriancivil society. The background research for thisreport was conducted on the internet, while the authorwas living in a remote village that has no grid.The only requirement is access to the net. The corecivil society activists have the skills and some resourcesto keep up the struggle against corruptionin Nigeria. The evidence so far shows that they canwin the battle.Action stepsThe high level of corruption in Nigeria could nothave been exposed without the internet. Civil society,within and outside Nigeria, is largely responsiblefor digging up relevant information, disseminatingit and keeping it in the public domain. Nigeriansmust continue to insist on access to the hard factsthat can be used to bring corrupt people to justice.The cost of internet access has not deterredNigerians from ensuring their views are heard anddisseminated through the internet. Nevertheless,lobbying for affordable access remains a civil societypriority. There is a ray of hope that the opticfibre that is still lying idle at the Lagos port will berolled inland to ensure affordable access for moreNigerians. n18 premiumtimesng.com/news/96720-indicted-marketer-instigatingfuel-scarcity-fg.htmland premiumtimesng.com/news/96860-government-vows-more-action-against-rogue-marketers-despitefuel-scarcity.html19 saharareporters.com/letter/corruption-%E2%80%93-nigeria%E2%80%99s-37th-state20 premiumtimesng.com/business/96716-exclusive-nigerias-biggestoil-fraudsters-the-worst-subsidy-scam-ever.html21 saharareporters.com/report/weak-efcc-and-endemic-corruptionpm-news-editorial22 saharareporters.com/news-page/fuel-subsidy-probe-oil-bizmagnate-femi-otedola-confirms-bribe-lawmakers-thisdaynewspaper23 africanspotlight.com/2012/04/nigeria-we-wont-resign-over-housesubsidy-report-say-alison-madueke-nnpc-boss24 saharareporters.com/column/nigerian-netizens-and-man-palmoil-bling-bling-pius-adesanmi174 / Global Information Society Watch

Occupied PALESTINIAN TerritoryLinking CENSORSHIP AND CORRUPTIONMaan News AgencyGeorge Halewww.maannews.netIntroductionIs withholding information from the public an actof corruption, in and of itself? The question is beingposed with new urgency in the occupied WestBank, where an already contentious debate overfreedom of speech collided this spring with theterritory’s nascent information and telecommunicationspolicy.In February, the Palestinian Authority implementeda secretive initiative to force internetservice providers (ISPs) to censor news critical ofthe president, Mahmoud Abbas. But unlike in neighbouringregimes where internet users are aware ofrestrictions, Palestinian officials repeatedly deniedcensoring the web. They dismissed allegations fromwebsite administrators and told journalists the programmesimply did not exist.With the assistance of new censorship-detectiontechnology, a team of journalists at the BethlehembasedMaan news agency proved in April that it didexist. The ensuing outcry led to the resignation ofa cabinet minister and inspired a presidential orderputting an end to government censorship of the internetonce and for all.As a successful first trial of promising new technologiesthat can detect web filtering, the episodemarked a turning point for online freedom of speechand access to information in the occupied territories.It also makes a compelling case for steppingup collaboration between ICT and media stakeholderseverywhere.Policy and political backgroundPalestinians have been ruled by rival regimes since2007, when internal political violence split theWest Bank and Gaza into separate administrations.Each has its own Ministry of Telecommunicationsand Information Technology, and policy coordinationis virtually non-existent. 1 However, the WestBank-based Palestinian Telecommunications1 www.pmtit.pswww.mtit.gov.psCompany, or PalTel, still provides most Gaza internetservices. 2A reconciliation deal signed in Cairo in 2011 remainsunimplemented due to differences about themakeup of a Palestinian unity government. Untilthen, the legislative council cannot consider legalreforms backed by much of the Palestinian media,and the ICT sector, who want realistic protectionsfor freedom of speech and access to information.While there is no law expressly forbidding criticismof the government, Palestinians face many obstaclesto free speech. Arrests and interrogations arecommonplace. In Gaza, Hamas authorities censorculturally “sensitive” web content like pornography. 3Currently Palestine has neither an electronicmedia law nor a freedom of information act, butproposals are already drafted in the event a unitygovernment is formed. 4 Palestinian organisationscampaigning for such reforms include Aman, the localbranch of Transparency International, and Mada,the Palestinian Center for Democracy and MediaFreedoms, a vocal press freedom group. 5 Each month,Mada records known violations by Palestinian and Israeliforces in both the West Bank and Gaza. 6When censorship is allied to corruptionIn its February report, Mada expressed concernabout increasing security control over websites andsocial networking sites in the West Bank, amongthem two news websites it claimed had beenblocked. 7 Mada demanded that security servicescease violations in line with the Palestinian BasicLaw, which prohibits censorship of the media. 8According to the group, the news website Amad reportedon 2 February that it was rendered unavailablein the West Bank upon the orders of the Palestinianattorney general, Ahmad al-Mughni. Website staff toldMada that al-Mughni had “ordered the Palestinian TelecommunicationsCompany through an official letterto block the site from the West Bank. The site administrationwrote several times to the attorney general2 www.paltel.ps3 opennet.net/research/profiles/gazawestbank4 www.article19.org/data/files/pdfs/analysis/palestine-2005.pdf5 www.aman-palestine.org6 www.madacenter.org/reports.php?id=13&lang=17 www.madacenter.org/report.php?lang=1&id=1147&category_id=138 Article 27.3 of the Palestinian Basic Law.OCCUPIED PALESTINIAN TERRITORY / 175

equesting that he remove the block since it is in violationof Palestinian law.”Then, on 9 February, the Milad news site claimedit too was being blocked upon government orders,Mada reported. “Official Palestinian authorities orderedthe Palestinian Telecommunication Companyto block the website in the West Bank and GazaStrip without any legal justification,” administratorswrote. Both reports were unusual, and passedunnoticed, because the Palestinian Authority hadmaintained a relatively good record of keeping theinternet unrestricted until this point. 9Moreover, senior Palestinian officials deniedcensoring the web in any form. When a journalistfrom Maan asked al-Mughni about allegations thathe had restricted Amad and Milad, the attorneygeneral responded, “I have no background on thisissue.” Asked why sources at more than one ISPhad claimed he handed them orders to block accessto websites, he replied, “I am not the court.” 10Representatives of PalTel were similarly uncooperative,although company technicians said theyfeared retribution for talking to the media. Asked ifPalTel subsidiaries were blocking any websites, aspokeswoman said, “We don’t do that.” But afterconsulting with her lead technician, she clarifiedthat PalTel, like all Palestinian companies, is obligedto comply with official decisions in accordance withthe law. 11 (PalTel’s top executive eventually issued astatement on the company’s policies.) 12Faced with repeated denials from governmentauthorities and ISPs, and an ever-present threatof lawsuits often filed against Palestinian media,Maan sought assistance from network security expertsbased in the US and Italy. We predicted thatproving the existence of censorship definitively– rather than simply repeating the claims of anonymoussources – might protect the network fromretaliation and ensure the facts would be taken seriouslyby local experts.Approached by Maan, Jacob Appelbaum andArturo Filasto, two of the developers behind the onlineanonymity project Tor, remotely repurposed anold MacBook at a reporter’s West Bank apartmentinto a powerful tool for effecting ICT policy changeand challenging state secrecy. 13 On it, they installeda specially designed plug-in to scan networks forevidence of a certain type of web filtering. The pluginconfirmed independently and forensically what9 www.eff.org/deeplinks/2012/04/palestinian-authority-foundblock-critical-news-sites10 www.maannews.net/eng/ViewDetails.aspx?ID=47872611 www.maannews.net/eng/ViewDetails.aspx?ID=47963812 www.maannews.net/files/Paltel_CEO_250412.pdf13 www.torproject.orgMaan had been told by government sources whoopposed censorship: PalTel, through a subsidiary,was misleading tens of thousands of subscribers byintercepting load requests and altering the outputto return error responses. 14 It was a common approachknown as transparent HTTP proxy filtering. 15In late April, Maan published the first part in a serieshighlighting the findings. It concluded that eightwebsites were being blocked by Hadara, a companyowned by the PalTel Group which claims 60% of thePalestinian internet market. 16 The disclosures infuriatedthe local ICT sector and invited scrutiny frompress freedom groups and foreign governments. ThePalestinian communications minister resigned in disgust,leaving Attorney General al-Mughni little choicebut to acknowledge his instructions to the ISPs. 17Soon after, President Mahmoud Abbas stripped theattorney general of authority to use web filtering asa judicial tool, and he dispatched al-Mughni to tellISPs of the reversal. 18 The websites have been operatingnormally since 6 May.The episode was a successful first trial of thegroundbreaking technologies being developed byAppelbaum and Filasto at the Open Observatoryfor Network Interference (OONI), a start-up theyare referring to as a “human rights observationproject for the Internet”. 19 Part of the Tor Project,OONI is building “an accurate representation ofnetwork interference” around the world throughthe collection of data and observations about the“levels of surveillance, censorship, and networkeddiscrimination by networked authoritarian powerstructures.” 20 It aims to accomplish this goalthrough open methodologies and free and opensource software (FOSS).The observatory’s expert developers hopethat one day soon, the mapping and tracking ofany country’s real-time filtering behaviour will beas easy as checking the weather. Its plug-in, the“OONI probe”, works by connecting multiple machinesin separate areas onto a shared network. 21After installing the plug-in, large lists of websites– the Alexa top million is a default – can be testedby recording the information flowing betweenthem. Any discrepancies in load time indicate that a14 ooni.nu/media/releases/2012/Hadara_Palestine/hadara_palestine.yamlooni.tar.gz15 ooni.nu/reports/2012/Hadara_Palestine.html16 A ninth website was discovered over the course of reporting.17 www.maannews.net/eng/ViewDetails.aspx?ID=48086118 www.maannews.net/eng/ViewDetails.aspx?ID=48258619 ooni.nu20 opennet.net/blog/2012/05/tor-projects-ooni-tool-receivespositive-feedback21 trac.torproject.org/projects/tor/wiki/doc/OONI/Methodology176 / Global Information Society Watch

connection on one part of the network may be experiencinginterference by a third party. 22The real-world implications of making such technicaldata widely available became apparent whenthe Palestinian communications minister, MashourAbu Daka, resigned for “personal reasons” two daysafter Maan published OONI’s findings. 23 But AbuDaka went out swinging – he denounced the censorshipand accused the attorney general of criminalityno different from other kinds of misconduct likegraft or bribery. “Withholding information from thepublic is a form of corruption,” Abu Daka said in aswipe at corruption inquiries that were being publicisedat the time. 24 “The Palestinian people, whofought and lost innumerable martyrs, have a right toknow what’s going on. What’s happening now is anattempt to play them for fools,” he said. 25Abu Daka’s unapologetic defiance of the attorneygeneral’s actions, and of his efforts to keepthem relatively secret, paved the way for other officialsin Palestine and abroad to express their ownobjections. Months of denial and misdirection suddenlyfell apart as the attorney general was forcedto admit and even defend the filtering plan to themedia. 26 Although it was shuttered upon an executiveorder from Abbas, the decree came only afterhe had been subjected to sharp criticism from pressfreedom groups, the US, and officials in Ramallah. 27Among the officials: his prime minister, a top PLOleader and the president’s own advisor for internetaffairs. 28Evidently, it was this exposure to criticism –rather than of corruption – that changed policy. ICTspecialists for two of the censored websites had allegedcensorship since February with no effect; itwas not enough to simply uncover the facts. Thereis also evidence that some Palestinian officials whocondemned the censorship in the spring had knownabout it for months but took no action. 29The Palestinian Authority’s filtering of websitescritical of Abbas was by its nature an actionof privilege; it was also corrupt because there is no22 The Alexa list includes many relevant sites, but issue-specific orsingle-language lists may improve results depending on the regionwhere the network being scrutinised is based. Importantly, thesource code is freely available: github.com/hellais/ooni-probe23 www.forbes.com/sites/andygreenberg/2012/04/30/the-torprojects-new-tool-aims-to-map-out-internet-censorship24 www.maannews.net/eng/ViewDetails.aspx?ID=48043225 www.maannews.net/eng/ViewDetails.aspx?ID=48019526 www.maannews.net/eng/ViewDetails.aspx?ID=48086127 www.maannews.net/eng/ViewDetails.aspx?ID=48258628 www.maannews.net/eng/ViewDetails.aspx?ID=48043229 According to Abu Daka, the issue was raised at cabinet meetingswhere all present expressed opposition. And the attorney general,in one of his final attempts at defending the initiative in May, calledthose criticising him hypocrites as the plan was discussed in fall 2011.transparent method of enforcing political censorship.Unlike in Gaza where Hamas blocks wholecategories of supposedly societal taboos, suchas pornography, the Palestinian Authority did notdisclose its censorship of opposition content. If apublic cannot know what is censored, there is noway to hold the censors accountable through traditionalchannels.Indeed, the “internationalisation” of the controversy,and its role in achieving a positive outcome,is instructive for future efforts in internet and telecommunicationspolicy reform. The partnering ofOONI with local media proved decisive in the PalestinianAuthority’s decision to stop filtering the webbecause it expanded the focus of technical datafrom a limited core of experts to the public at large.Once accessible to stakeholders in the media andinternational community, the issue became a policypriority for diplomats and foreign correspondents inthe region who sought explanations from the government.According to Israeli media, the reversalwas likely the result of criticism from the US, EU andforeign human rights groups. A Western diplomatand Palestinian officials said US and EU diplomatshad contacted Abbas and his Prime Minister SalamFayyad to voice their “deep concern”. 30The US, in particular, took a firmer-than-usualtone with the Palestinian Authority, which is oneof the top recipients of US development and securityassistance. “We’ve had these concerns in otherparts of the world, and we wouldn’t want to see thePA going in the direction that some of those regimeshave gone in,” an official in Washington said. 31 Othersfrom the US State Department and White Housevisited Ramallah, the seat of the Palestinian Authority,and told Palestinian media why they backedan open internet, while the consul-general in Jerusalemreiterated the US position on World PressFreedom Day. 32ConclusionOnly when sustained scrutiny was directed towardthe Palestinian Authority did it back down from adangerous plan to introduce unchecked web filtering.Public awareness was the result of joint effortsby members of sectors whose viability depends onan open internet. These stakeholders can build onthe success and collaborate to protect the essentialrole of information access and the free flow of ideasin Palestine.30 www.jpost.com/MiddleEast/Article.aspx?id=26879331 www.maannews.net/eng/ViewDetails.aspx?ID=47987432 www.maannews.net/eng/ViewDetails.aspx?ID=482095OCCUPIED PALESTINIAN TERRITORY / 177

When a top official whose role is to modernisean open telecommunications infrastructure cannotcontinue serving in government in good conscience,the ICT sector has reason for pause. But when anentire cabinet is unable, or unwilling, to criticise arogue assault on the foundations of that community– that is a crisis.Although the attorney general ultimately failedto seize control of the internet, his plan harmed theICT sector’s reputation amongst investors. It portrayedthe sector as amateurish and unstable, eventhough it is among the region’s most progressive.To the media, it damaged the reputations of Palestinianjournalists by presenting them as pawnsof political elites, even though they are not. Fortunately,this encroachment failed due to joint effortsbetween the sectors. The rare success was an importantprecedent for collaboration in the spirit ofprotecting trade interests when they overlap.Palestinians who value transparency in governmentwon an important victory this year thanks to aunique partnership between the ICT sector and localmedia. They already share common values, chiefamong them the pursuit of and access to information.Increased cooperation can boost overlappinginterests as well as the fundamental mission sharedby both sectors: making information available tothe public.Action steps• Promote ICT policy priorities shared by theMinistries of Communication and InformationTechnology in the West Bank and Gaza Strip.• Promote the implementation of an agreementsigned in Cairo to dissolve bans, in place since2007, on certain Palestinian media.• Promote the ratification of a draft law protectingaccess to information that allows citizens to filetimely freedom of information requests.• Promote the enactment of an electronic medialaw that explicitly guarantees the right to publishinformation without interference or fear.• Promote policies that protect whistleblowersand prohibit punitive actions against public andprivate employees who expose wrongdoing.• Educate journalists and media workers aboutnewly developed technologies to assist the detectionof unauthorised network interference.• Educate the ICT sector about the need to promotepolicy priorities in the general media, especiallywhen they are shared and in the public interest.• Encourage foreign governments to withhold securityassistance to authorities who use theirauthority to stifle freedom of speech or accessto information. n178 / Global Information Society Watch

PakistanFailures of GOVERNANCE…Bytes for All PakistanShahzad Ahmad and Faheem Zafarwww.bytesforall.pkIntroductionPolitical crises, corruption, extremism, the war onterror, hostility with neighbouring countries and animmature democracy witnessed by the repeatedimposition of martial law are the major reasonswhy Pakistan is lagging behind in almost all socioeconomicdevelopment indicators on the HumanDevelopment Index, including health, security, education,poverty, income and gender equality. 1Yet in many ways Pakistan offers an insightfulstudy on e‐governance and its implementation in adeveloping country – most importantly, given therapid expansion of information and communicationstechnology (ICT) infrastructure in the countryover the last decade. In 2000, there were 2.3 telephonesubscribers per 100 inhabitants; the numberincreased to 11.9 per 100 inhabitants in 2005, andthen to an impressive 72.1 per 100 in May 2012. 2According to the latest statistics there are approximately29 million internet users in Pakistan, with a15.5% internet penetration rate in the country. 3 Andas this report shows, corruption and mismanagementwere key elements in the failure of setting upa successful e‐government system.Policy and political backgroundGovernance is one of the major areas where Pakistanigovernments have struggled, largely due to theincompetency of lawmakers and massive corruptionin the bureaucracy. Even the thought of interactingwith a government department is a nightmare for anordinary citizen in Pakistan.Pakistan’s performance in implementation ofe‐government development infrastructure is not satisfactory.According to the United Nations E-GovernmentSurvey 2012, Pakistan was ranked 131st in 2008 in theworld e‐government development index and fell evenfurther to 146th in 2010 and 156th in 2012. 41 hdrstats.undp.org/en/countries/profiles/PAK.html2 www.pta.gov.pk/index.php?Itemid=5993 www.internetworldstats.com/asia.htm#pk4 unpan1.un.org/intradoc/groups/public/documents/un-dpadm/unpan048590.pdfAt the same time, young people have found anew platform to interact, express their opinions andraise different concerns by using internet-basedtechnologies. Approximately 65% of Pakistan’spopulation is under the age of 25, 5 and as the internetbecomes a popular medium for a large chunk ofthe Pakistani population, attempts by the governmentto control it are also intensifying. Censoring/filtering the internet is typically done by authoritiesusing different, vague excuses such as “national security”,“religion” and “morality”.E-Government Directorate of Pakistan:The story of a failureProviding good governance was always one of themost visible shortcomings of successive governmentsin Pakistan. As the use of ICTs witnessed aboom over the last decade, the government triedto use it as a remedy for its governance worries. Aspecialised department called the Electronic GovernmentDirectorate (EGD) 6 was set up in 2002 underthe supervision of the Ministry of Information Technology.The basic task of this department was toimprove people-to-government interaction and makeit convenient for citizens to contact, obtain informationfrom, and provide feedback to the government.Under the broad function of making people-togovernmentinteraction more convenient by usingtechnology, there were many steps which wereproposed to give the EGD a direction and a propervision to achieve its goals. Some of the importantfunctions were: 7• Development of e‐government projects• Preparation and implementation of federal levele‐government projects approved by the Ministryof Information Technology• Introduction and supervision of the standards,blueprint and guidelines for e‐governance• Reduction in the cost of service to citizens byproviding government information to the publicthrough a government portal5 www.pakboi.gov.pk/index.php?option=com_content&view=article&id=128&Itemid=556 www.e-government.gov.pk7 Arfeen, M. I. (2004) Impact of E-Governance on the Economy ofPakistan - The Revolutionary Plan. www.pide.org.pk/pdf/psde%2019agm/irfanullah%20arfeen.pdfPAKISTAN / 179

• Making all the forms of the departments, agenciesand ministries of the government availableto access and to submit online• Giving citizens easy access to information onjobs, tenders and official gazette notifications,amongst other things• Ensuring the availability of complete, correctand up-to-date information about ministries,departments and officials, including their contactinformation and qualifications• Making it possible for citizens to use ICTs for thepayment of utility bills and taxes• The development of transparency in government-publicinteractions• Improving the productivity of government employeesby automating the routine functions ofthe government• Making the process of interacting with governmentofficials more responsive and less timeconsuming for citizens• Enhancing the skills of government employeesthrough training to enable the quick adoptionof IT (all government officials are to be made ITliterate)• The use of ICTs to link government ministries/divisions/departments• Facilitating the conversion of all official communicationto email.These were the main proposed functions andguidelines for the EGD project. Mentioning thesefunctions is important to see how well the EGD hasmanaged to deliver on its promises.To further enhance the performance of the EGD,the government developed a five-year e‐governmentplan in 2005. 8 The plan targeted different areas ofe‐governance, including the development of basicinfrastructure to link all government departmentsand ministries with the federal government’s datacentre, the development and implementation ofstandard software for internal communication, humanresource, budget, and project management,document/file management, and for collaborationwith the Ministry of Information Technology andother divisions. Other areas of work included developingagency-specific applications, e‐servicesfor citizens, developing an EGD framework and thecreation of a productive and progressive environmentto get the desired results.8 unpan1.un.org/intradoc/groups/public/documents/apcity/unpan037732.pdfThe EGD’s performanceAfter all these fancy promises, agendas and plans,the EGD’s performance was never translated intosomething concrete on the ground in the shape ofan e‐governance infrastructure in Pakistan. Mismanagement,corruption and the lack of a soundfooting and proper vision haunted the EGD from thevery beginning. 9The management of the EGD compiled a listof 40 projects as a priority under the umbrella ofintroducing e‐governance in government departmentsand ministries by digitalising the data andcentralising the official databases, and creating anetwork between departments in order to get ridof the complex file culture. An amount of PKR 2.5billion (USD 26 million) was allocated for theseprojects, but only PKR 1.14 billion (USD 11 million)was used in the following six years until June2008. 10 What the EGD achieved was that it createdthe websites for all the government ministries anddepartments – but there was no effort from its sideto keep them functional. Email addresses, phonenumbers, names and titles of officials are mostlyoutdated or wrong. 11 The very purpose of e‐governmentis to facilitate the citizens’ convenientinteraction with government officials and departments,but this purpose was largely ignored,and just developing a website for a governmentdepartment was considered enough to serve thepurpose of the EGD.To understand more about what exactly triggeredthis failure of the EGD to deliver, let’s takea look at the Special Audit Report on the EGD: thereport says that the funds allocated to the EGDwere used inefficiently. For example, under theFederal Government Data Centre and Internet Programme,PKR 223 million (USD 2.3 million) outof PKR 493 million (USD 5 million) were spent onlaying down fibre optic cable and other hardwareequipment. The audit report says: “Huge expenditurehas been incurred on laying fibre optic cablesand procurement of hardware, which was not beingutilised effectively.” 12 The report further says: “Severalprojects were initiated, which either could notbe completed or the infrastructure deployed wasunder-utilised. Consequently, government offices9 Bukhari, I. (2011) Electronic governance project fails to deliver,Pakistan Today, 10 June. www.pakistantoday.com.pk/2011/06/10/news/national/electronic-governance-project-fails-to-deliver10 Auditor-General of Pakistan (2011) Special Audit Report on theElectronic Government Directorate (EGD).11 Attaa, A. (2010) Why Government Websites are Big #Fail,ProPakistani, 30 April. propakistani.pk/2010/04/30/whygovernment-websites-are-big-fail12 Bukhari, I. (2011) op. cit.180 / Global Information Society Watch

have not leveraged information and communicationtechnology effectively.” 13Leakages, lack of stakeholders’ involvementand control failures made implementation of theproject objectives difficult for the EGD. The SpecialAudit Report further says: “Stakeholders were notadequately involved in project implementation despitethe fact that such involvement was critical tothe awareness, ownership and sustainability of automationinitiatives.” 14Another instance of mismanagement and potentiallyeven corruption concerned the project forthe chief commissioner’s office, where PKR 80.4million (USD 840,000) was allocated for the project,but only PKR 63 million (USD 660,000) was spentby June 2008 – at which point only two out of the33 envisaged modules had so far been developed. 15The report also revealed that an expenditure ofPKR 2.91 million (USD 300,000) was incurred due toa delay in a contract. The EGD had given the contractto the second-lowest bidder after the first-rankedbidder declined to supply at the quoted price. Theprolonged delay resulted in the expiration of thebid’s validity, which caused a loss of PKR 2.91 million(the difference between the first and secondlowest bidders). 16Other reasons for the failure of the EGDThe case of the EGD’s failure is a perfect exampleof how a lack of proper planning and vision candestroy an initiative which is otherwise very manageable– and is a practical attempt to use thecountry’s booming ICT infrastructure to improve thegovernment’s ability to serve people.After gathering some information from sourceswithin the EGD, other reasons for the EGD’s failurewere given:• The EGD started off with the promise of completinga lot of tasks to improve the interactionbetween government and citizens. While whatthe EGD needed to do was clearly established inits plans, the important part of how to achievethese plans was either very weak or missing.• Due to a weak implementation strategy for theEDG’s projects and tasks, the department wasunable to secure a sound footing in the projectfrom the start.• Political interference in the matters of theEGD played a big role in its failure. The new13 Ibid.14 Ibid.15 Ibid.16 Auditor-General of Pakistan (2011) op. cit.appointments as chairman to the EGD made itdifficult to have a constant flow in the policiesand implementation of the EGD’s projects. 17• The improper utilisation of funds remained abig issue. The main problem was not gettingthe money, but properly using it for the rightprojects with proper planning.• A lack of technical know-how at the manageriallevel was another weakness which resulted inthe failure of many of the EGD’s projects. Therewas less emphasis on training of employees andmanagers and more on making them do tasksthey were not trained to do.• Contract-based employment was another issuewhich worsened the situation at the EGD. Mostof the employees were hired on contracts andnot as full-time employees. This policy resultedin making employees concerned about theirjob security and had a negative effect on theirperformance.• The whole system of e-governance is to facilitatethe citizens, but citizens were never involvedin any kind of decision making regarding whatkind of facilitation they wanted and how ICTscould best be used to interact with governmentdepartments and ministries.ConclusionThe EGD was established to take advantage ofICT infrastructure in Pakistan. The boom in telecommunicationservices and expanding internetinfrastructure was an ideal platform for a specialiseddepartment like the EGD to perform. But thefailure of the EGD to implement a proper e‐governancesystem is an important indicator of the damagethat corruption and mismanagement can inflict.The EGD initiated many projects; it was successfulin providing nearly all ministries and governmentdepartments with an online platform in the shapeof websites and portals. What went wrong was thatthese websites and portals were unable to achievewhat they were supposed to achieve. The EGD consideredits duty finished after providing a websiteto each ministry and government department, andcompletely ignored the real work of keeping thosewebsites up to date and functional. Today, in Pakistan,citizens are still awaiting a proper websitewhere they can contact government officials or getinformation regarding any government ministry ordepartment.17 Transparency International Pakistan (2010) Minister suspends EGDchief for “illegal recruitments, fraud”, 6 June. www.transparency.org.pk/news/newsdetail.php?nid=556PAKISTAN / 181

The EGD’s failure was the result of many wrongdoings,which mainly include:• Improper utilisation of funds due to corruptionand negligence• The lack of a sound operational foundation• Political interference, which resulted in a constantchange of management at the EGD• Contractual weaknesses• The lack of well-defined strategies to accomplishgoals• The absence of end users having a say in theplanning phase.Action stepsA few recommendations for the EGD:• Transparency is very important for any department.The EGD suffered because of a misuseof funds. This shows how critical it is to have aproper system of checks and balances when itcomes to managing finances.• It is important to provide a sound footing to adepartment to ensure its effectiveness. A properlydefined vision for the EGD with a properstructure and policies is the first step to turn itinto a successful organisation.• Providing goals and telling a department whatthey are supposed to do is important, but it ismuch more important to define proper strategieswhich will govern the functionality of adepartment. The vision was there for the EGD,but there was no strategy to successfully implementthe projects and ultimately achieve theproposed goals. It is important to take this issueof strategy seriously.• Political interference at the EGD impacted negativelyon the progress of the department. Toensure the success of a department it is importantthat leadership provides constant supportwithout changing its policies every few monthsdue to a change in management for politicalreasons. There must not be any kind of politicalinterference in the matters of the EGD.• It is essential to involve the end users in theprocess of decision making by seeking their supportand suggestions regarding improving thesystem and giving them a sense of ownership.• Proper training of managers and employees ofthe EGD is essential. Placing the right personin the right job is important. The EGD sufferedbecause of the lack of technical know-how of itsemployees. It is highly recommended that theorganisation provide all the relevant training toemployees and management to run the departmentmore effectively. n182 / Global Information Society Watch

the implementation of a “transparency portal” webpage. Progress in the implementation of this new regulationhas been slow. An assessment prepared bythe Office of the Ombudsman in 2011 shows that onlythe provincial government of Huamanga has implementedits website 100%. It has also been observedthat there is no synergy between the informationpublished by regional governments and municipalitieson their institutional portals and informationoffered on the transparency websites. These levelsof government prioritise information disseminationon the institutional portals, which do not facilitate acitizen’s search for public interest data.Comun@s ProjectWith the aim of expanding access to public information,strengthening the management of localgovernments and expediting the provision of servicesin rural areas, the Presidency of the Council ofMinisters, with the support of the National Office ofElectronic Government and Information Technology(ONGEI), the Ministry of Transport and Communications(MTC), the Telecommunications Fund (FITEL),the Decentralisation Secretariat and the UnitedStates Agency for International Development (US-AID), created the Comun@S Project. This wasimplemented by the Association for Educational Development(AED) in 2010.In its first stage, the project provided training toauthorities and public officials of 121 municipalitiesin the use of the internet and the creation of institutionalweb portals. Through awareness-raisingcampaigns, they also sought to inform the publicabout the right to access to information. The aimwas to promote more transparent, open and representativegovernments.The project also offers “citizen modules” 2 fromwhich people can access information about localgovernment management, participatory budgeting,municipal engagements, municipal procedurecosts, and other relevant data. The project has alsoimplemented the Comun@s broadcast network,formed by a group of communicators, social leaders,officials and citizens committed to their towns,which voluntarily promotes participation and cooperationin local government using ICTs.Despite its limited scope, the Comun@s Projecthas managed to increase access to public information,especially during the electoral period. Thenumber of queries handled by the project’s OnlineAssistance Service 3 has also increased.2 Stand-alone kiosks with information available for citizens.3 Presidency of the Council of Ministers (2011) Comunas: latransparencia sí se puede ver.The contents of the citizen modules have beentranslated into Ashaninka, Quechua and Aymara, 4facilitating the access of indigenous communities.In some locations, the modules have been sosuccessful among the local population that the municipalauthorities have invested money from theirown budgets to strengthen the system.Rural municipalities 5Since the 1990s, district councils have acquiredparticular importance thanks to the promotionof decentralisation. The 1993 Constitution givesa greater range of powers and responsibilities todistrict municipalities and with it the possibility ofhaving a larger budget. Having greater economic resourcesgenerates two consequences: on one hand,the need for a larger municipal administrative apparatus,enabling the management of these resources,and on the other, the need for greater control andmonitoring of expenditure of public resources bythe Ministry of Economy and Finance (MEF). In thiscontext, an online system was developed with theobjective of monitoring the effectiveness of publicspending. The use of this system for the registrationand reporting of tax information as well as themandatory publication of information on the portalin order to ensure transparency has effectivelyencouraged rural municipalities to use ICTs for economicand financial management.However, the implementation of this system,designed from a developed, urban perspective, hasgenerated unexpected results because of the lack ofconnectivity and capacity for management, and theuse of technology at the local level. Since there areneither good connections nor appropriate technicalstaff in rural areas, the rural municipalities haveopted to establish an office in the nearest town andmove part of their offices to the city. However, thishas created discontent amongst the population,who felt that their leaders were governing from thecities. Even with the existence of portals to accessinformation, citizens do not have access to the internet,and therefore, their only option to makethemselves heard to is to travel to town or the nearestcity. Because of this we find that the governmenthas not moved closer to citizens using ICTs – on thecontrary, it has moved further away.4 Indigenous languages are used by between 10% and 15% of thePeruvian population.5 León Kanashiro, L. (2010) Implicancias del uso de las tecnologíasde la información y comunicación en municipios rurales. Unestudio de caso en Ayacucho, Perú, Red Científica Peruana, Lima.www.upf.edu/amymahan/_pdf/101105_ponencia_LEON.pdf184 / Global Information Society Watch

Open Government Action PlanIn September 2011, the Peruvian government joinedthe Open Government Partnership, an internationalmultilateral initiative that aims to promote transparencyat a global level, curb corruption, empowercitizens, and improve accountability and the effectivenessof governments through the use of newinformation technologies.The Open Government Action Plan was designedto establish mechanisms that wouldachieve these objectives and commitments. Theimportance of this initiative has been its developmentthrough a concerted and participatoryprocess involving public and private entities.Among the participating institutions of governmentwere the Office of the Comptroller-General,the Ombudsman, the Ministry of Foreign Affairsand the Presidency of the Council of Ministers.Four organisations were invited from civil society,forming a collective. The institutions were: NGOProética, Ciudadanos al Día, the Peruvian PressCouncil and the National Association of NGOs.The objectives of the Open Government ActionPlan were grouped into three major areas: transparencyand fighting corruption; citizen participationand monitoring of government; and improving thequality of public services.The use of internet tools is essential forthe fulfilment of these objectives, according toRocío Vargas, coordinator of ethics, transparencyand citizen monitoring at the Vice-Ministry ofPublic Management. According to Vargas, the developmentof e‐government is an important stepto improve the provision of services and access topublic information by the citizens.In the matter of transparency and access topublic information, the Open Government ActionPlan aims to improve the implementation of theprinciples and rights that guide the actions of publicadministration, including the Law on Transparencyand Access to Public Information. In this sense, itis meant to ensure, through the Vice-Ministry ofPublic Management, that every state institutiondisseminates public information on budgets, publicinvestment projects, staff, selection processes forrecruitments and acquisitions, and progress madein the performance indicators. Finally, the actionplan proposes to study the feasibility of an administrativebody that is independent of the government,but which has the authority for the enforcement ofthe transparency law.Civil society initiativesJustice and Transparency 6With the objective of improving the process of decisionmaking by citizens, the NGO Suma Ciudadanaimplemented a portal called Justice and Transparencythat seeks to become a database of all thecases of habeas data 7 opened in the ConstitutionalCourt. The aim is to facilitate information about theright to access information, as well as informationon securing that right – all this in a free, quick, organisedand user-friendly way.Promesómetro 8Promesómetro (“promise meter”) is a web portalcreated by the NGO Proética which seeks to facilitatecommunication between authorities and citizensabout the promises that were made during politicalcampaigns. The users can comment on what theyheard from candidates during their election campaigns,and then reflect on and discuss whetherthose campaign promises were actually met.A year ago, Proética started a redesign of thewebsite to make it more attractive and accessibleto users. At the moment the portal is ending its trialperiod 9 and it is hoped it will be re-released withnew features in upcoming months.More Culture 10More Culture is an initiative by Culturaperu.org, aportal that promotes transparency, accountabilityand citizen participation in the management of culturein Peru. The portal serves as a meeting pointfor people, groups and civil society organisationsworking in the cultural field, who then create “communityactions” to demand information on budgetsand progress in the implementation of the culturalplans for local governments.To do this, the portal offers a “toolbox”, administeredvia a blog and wiki, which aims to collect,sort and make available all information pertainingto issues of transparency and accountability in thegovernance of culture.This tool also systematises information aboutcitizen actions to access public information in thecultural sector at the local, regional and nationallevel: “The goal is to serve as a log of the collectiveexperiences that seek to promote greater citizenparticipation in culture, to motivate and nurture the6 www.justiciaytransparencia.pe7 Constitutional remedy which ensures the right of access to publicinformation and legitimate use of personal data.8 www.promesometro.pe9 Beta version of Promesómetro: nuevo.promesometro.pe10 mascultura.pe/blogPERU / 185

ealisation of actions in other parts of the countryand the region.” 11According to More Culture co-founder Diego dela Cruz, actions have been organised through theportal in cities such as Chiclayo, Chimbote, Cusco,Huancayo, Huaraz, Iquitos, Puno, Tacna and Trujillo,with successful results. 12Local government casesParticipatory budget in the municipalityof Miraflores 13Miraflores is one of 43 districts in Lima, the capitalof Peru. It is the district with the second highesthuman development index and the third most affluentmunicipality in the city, with only 1.8% ofits inhabitants considered poor. The municipalitysucceeded in integrating ICTs in local managementand has become the reference “digital city” in LatinAmerica. It also has a municipal software developmentcompany that creates programmes for otherlocal governments. Since 2007, the residents of Mirafloreshave been able to vote in a participatorybudget process via internet, the first experience ofapplication of ICTs for citizen participation.A study by researcher Laura León recognisesthat, from a socio-technical perspective, the implementationof electronic voting in Miraflores is atool to encourage participation in decisions relatedto the budget. However, the study revealed someflaws relating to the lack of communication and informationtools that contribute to the participatoryprocess. León argues that multilateral interaction(between citizens and authorities, or only amongcitizens) is one of the most important features forthe strengthening of deliberative participation.However, from a democratic perspective, thestudy acknowledges that after three years of projectimplementation, there has been an increase in thenumber of participants in the process, which wouldsuggest that the ability to vote online is strengtheningcitizen participation in local government.Open data in the municipalityof Metropolitan LimaSince 2011, the metropolitan municipality of Limahas implemented a policy of open data and haspublished datasets such as prices and volumestraded wholesale in Lima’s market. This informationis being used by civil society and commercial organisations,unions and media to inform the public.The municipal government of metropolitan Limais the first public entity which provides raw datato citizens in an open format, doing so under theprinciple of transparency and calling for “the participationof citizens, businesses, academia andgovernment so that its members transform this datainto knowledge, contributing in this way to the economicdevelopment and benefit of its inhabitants.”This data has been used by civil society organisationsto build information systems. For example,Escuelab 14 has sought to provide information ontraffic fines and other traffic and road-relatedinformation. 15Civil society actionsLima Cómo Vamos 16Lima Cómo Vamos (How Are We Doing Lima) is aninitiative that allows citizens to monitor governmentactivities, developed by the Atocongo Association,the Civil Association Transparencia, the RPP groupand the Pontifical Catholic University of Peru. It is anobservatory that monitors the quality of life of theinhabitants of the Lima metropolitan area on issuesas diverse as education, sport, the environment,public finances and participation. This project wasinspired by the Bogotá experience, which has nowbeen replicated in more than 50 cities in Latin America,forming part of the Latin American network offair and sustainable cities.Since June 2012, Lima Cómo Vamos has beengathering public opinions for a report called “LimaVoices, Lima Plan”. These surveys, which will involve500 residents of 33 districts of the Limametropolitan area, will help feed the developmentplan of the city (2012-2025).Todos Somos Dateros 17Todos Somos Dateros (which translates roughly as“we are all data collectors”) is a crowdsourcing initiativethat seeks to encourage the participation ofcitizens in identifying the everyday problems of thecity. The idea was the brainchild of a young Peruvianstudent, Camila Bustamante, who, in collaborationwith Ciudad Nuestra, 18 created Todos Somos Daterosin 2009. The aim of the initiative is to integrate11 Ibid.12 Full interview with Diego de la Cruz: www.youtube.com/watch?v=S_h8fEroq8Y&feature=related13 León, L. (2010) Reforzando el proceso del presupuestoparticipativo a través de Internet: el caso de la Municipalidad deMiraflores, Instituto de Estudios Peruanos and DIRSI, Lima. www.acorn-redecom.org/papers/acornredecom2010leon.pdf14 escuelab.org15 campamentocivico.escuelab.org/index.php/blog/primerexperimento-con-los-datos-de-la-muni16 www.limacomovamos.org17 datea.pe18 www.ciudadnuestra.org186 / Global Information Society Watch

the information and concerns of ordinary transportusers with institutional transport plans and strategiesin the city of Lima. The initiative, based oninternet maps, asks the users of public transportservices to alert the authorities to transport problemsso that they can be attended to.Over the past two years the initiative has grown.One of its most successful campaigns was relatedto a new transportation system known as “TheMetropolitan”, in which the public identified problemsand drafted proposals for solutions that werehanded over to the authorities. The initiative “DateroCiclista” helped to identify the dangers faced bycyclists in the city, and recently in June 2012 a newinitiative was set up to alert the authorities aboutpublic spaces that were unfriendly for people withdisabilities.Conclusions and action stepsSince the implementation of the Law on Transparencyand Access to Public Information in 2002 therehas been progress in Peru. However, there is still along way to go to achieve the objectives set out bylaw. While progress has been made with regardsto compliance with the rules, a change in the cultureis still far away: the right to public informationcontinues to be a right which must be fought for, aright that needs to be demanded and not a right obtainedas part of an institutionalised process. Thework of civil society organisations helps citizens, asdo mechanisms for public complaints which also attractmedia interest. However, for ordinary people,simply having those mechanisms does not ensurethat there is the capacity to exercise the right.One of the pending tasks in the area of transparencyand access to public information is setting upan entity in charge of monitoring compliance withthe standards. In Peru, unlike other countries suchas Chile and Mexico, it is not clear who the authorityon the issue is, and there are no mechanisms forpunishment or to enforce compliance, or to meetcitizen requirements in an expeditious manner.The participation of civil society organisationsin this supervisory and coordination role is expected.Some steps have been taken in this directionin recent months; however, it is still necessary toconsolidate this progress in an agreement with thegovernment and institutions of the state.Similarly, the implementation of the recentlyadopted Personal Data Protection Law 19 shouldhelp to clarify doubts about the grey areas betweentransparency and privacy. The establishment ofan entity in charge of its implementation is also apending and urgent task which must be observedand monitored by civil society.The main challenge for citizen participation isto develop citizen-appropriate tools, not only to access,but to use public information effectively. Thesupport of international cooperation for “hacktivist”groups, who are experts at managing data, willbe essential to cultivate these emerging initiativesuntil they reach a level of critical mass that serves tohighlight the opportunities and advantages of opendata.Finally, working with the media is also of utmostimportance. Access to government informationprovides important opportunities for investigativejournalism, and for reporting and monitoring themanagement of public resources. The state, civil societyorganisations and academia should focus theirefforts on strengthening the capacities for researchand analysis of data by journalists. Improvements interms of quality of information and self-regulationare the main objectives of this action. n19 Law 29733 of 2011.PERU / 187

RomaniaMapping TRANSPARENCY AND PARTICIPATION ONLINEStrawberryNet Foundation and Sapientia –Hungarian University of TransylvaniaRozália Klára Bakówww.sbnet.ro and www.sapientia.ro/enIntroductionInformation and communications technologies(ICTs) are at the heart of innovation and economicdevelopment in Romania and the only industrywithout job losses since 2008, despite the economiccrisis. 1 According to the latest national regulatoryauthority report, 2 the broadband penetration ratehad reached 17.12% of inhabitants in December2011 (as compared to 14.48% in December 2009)and 41.60% of households (with only 35.10% inDecember 2009). In spite of the steady growth ofaccess to ICT infrastructure, Romania ranks the lowestin the European Union (EU) when it comes tointernet use: 3 while in Sweden 91% of the populationwas connected to the internet at least once aweek in 2011, only 37% of Romanians had this opportunity,far below the 68% EU average.If roughly one third of the country’s populationgoes regularly online, how much difference does itmake to the democratic process in terms of transparencyand participation? This report is an attemptto answer this question.Policy and political background:Gaps and stepsSocial change is a slow process: 40 years of dictatorship(1949-1989) cannot be erased by simplypressing the delete button. According to a studyon democracy, “semi-authoritarian habits, pervasivecorruption and the lack of transparencyand accountability” are the main problems that1 Mihai, A.E. (2012) Numărul de joburi în IT a crescut cu 30% înultimii patru ani, acesta fiind singurul sector în care nu s-au făcutconcedieri, Ziarul Financiar, 27 January.www.zf.ro/profesii/numarul-de-joburi-in-it-a-crescut-cu-30-inultimii-patru-ani-acesta-fiind-singurul-sector-in-care-nu-s-aufacut-concedieri-91814592 ANCOM (Agenția Națională pentru Adminstrare și Reglementareîn Comunicații)(2012) Servicii de acces la internet. Servicii delinii închiriate și transmisiuni de date, p. 11. www.ancom.org.ro/uploads/links_files/Raport_DS_sem_II_2011_internet.pdf3 Eurostat (2012) Individuals: Frequency of Internet Use, 15 May.appsso.eurostat.ec.europa.eu/nui/show.do?dataset=isoc_ci_ifp_fu&lang=engovernments still have to tackle in post-communistRomania. 4 A thorough analysis 5 of the country’slevel of transparency has developed five key indicatorsof corruption: (1) public resources available fordiscretionary use; (2) profits of Romanian companieswith political ties, compared with multinationalcompanies’ profits; (3) political allocation of theReserve Fund, created by the Romanian FinanceMinistry in 2002 for crisis situations and misusedby all governments ever since; (4) the energy sector– highly profitable for interest groups 6 with strongpolitical ties; and (5) human resource managementin the public sector, namely, the high level of politicisationof the public administration.GapsAccording to the latest Transparency Internationalreport, all new members to the EU – including Romania– have encountered a decrease in transparency.This was reflected in a higher Corruption PerceptionsIndex score between 2009 and 2011, perhapsas an impact of the economic and financial crisis. 7For example, the Electronic System for Public Procurement,built to raise the level of transparency inpublic-private partnerships in Romania, deals withonly 40% of the total procurement transactions: allthe rest lack transparency, according to the Institutefor Public Policies’ analysis. 8Policy-making processes ranked Romania 95thof 142 countries assessed on their political andregulatory environment, according to a Global Infor-4 Gross, P. and Tismaneanu, V. (2005) The End of Postcommunism inRomania, Journal of Democracy 16(2), p. 146.5 SAR (Societatea Academică din România) (2012) Dincolo depercepții. A devenit guvernarea României mai integră după 2004?,p. 13-20. www.sar.org.ro/files/547_Coruptie.pdf6 The Romanian mainstream media has tagged them ironically“smart guys from the energy sector”. See: România Liberă(2012) “Băieții deștepți” din energie la negocieri, 5 May. www.romanialibera.ro/bani-afaceri/economie/baietii-destepti-dinenergie-la-negocieri-263030.html7 Transparency International (2011) Evoluția statelor membre aleUniunii Europene în ultimul an de evaluare a Indicelui de Percepțieal Corupției (CPI). www.transparency.org.ro/politici_si_studii/indici/ipc/2011/GraficeCPI2011.pdf8 Institutul pentru Politici Publice (2012) Transparență, corectitudineși competitivitate în sistemul de achiziții publice din România,Bucharest, p. 7. www.ipp.ro/pagini/transparen355a-corectitudine-351i.php188 / Global Information Society Watch

mation Technology Report. 9 Meanwhile, the recentsurvey conducted by the United Nations (UN) one‐government across the world has placed Romania62nd of 190 countries – the lowest within the EU,with a fairly good score for human capital, but poorscores for online services and telecommunicationinfrastructure. 10The UN assessment framework for e‐governmentdefines four stages of online services in terms of interactionbetween public authorities and citizens:(1) emerging presence, (2) interactive presence, (3)transactional presence, and (4) networked presence.11 The first stage is concerned with providingonline information that is limited and basic. In thesecond stage the government provides current andarchived information: policies, laws, reports, newsletters,and downloadable databases. The thirdstage allows two-way interactions online betweencitizens and the government, such as paying taxes,applying for ID cards, birth certificates, passports,or licence renewals. The fourth stage is the mostsophisticated level of e‐government: it integratesgovernment-to-government, government-to-citizenand citizen-to-government services. Web commentforms and other interactive features enable citizens’participation in deliberative processes, such ascommenting on laws, policies, strategies and otherregulatory processes.Romania’s aggregated result for online serviceprovision measured according to these stages was45% in 2012, with 100% for the emerging presencestage, 64% for interactive presence, 29% for thetransactional stage, and 36% for networked presence.12 Reaching higher levels of transactional andnetworked presence online demands that Romaniangovernmental agencies invest more in bridging thedigital gap, increasing the quality of online servicesand educating citizens for participation.StepsCivil society initiatives have strengthened in thefield of ICT policy since 2010, with the Associationfor Technology and Internet (APTI) 13 takingthe lead. In March 2010 APTI brought civil society9 World Economic Forum (2012) Global Information TechnologyReport, p. 13. www3.weforum.org/docs/Global_IT_Report_2012.pdf10 The 0.6060 final score for Romania was aggregated from theonline service component score (0.5163), telecommunicationinfrastructure component score (0.4232) and human capitalcomponent score (0.8783). See United Nations (UN)(2012)E-Government Survey 2012: E-Government for the People, p. 126.www.unpan.org/e-government11 Ibid., p. 136.12 Ibid., p. 128.13 apti.ro/apti-englishorganisations (CSOs), ICT business representativesand the open source community together: 200 activistssigned its Manifesto for an Open e‐Romaniaproject, as presented in the GISWatch 2011 countryreport. 14 Meanwhile, an online watchdog forum 15dedicated to monitoring Romanian local authoritieshas reached the highest web traffic for the civil societysector, with 27,000 daily users. 16Positive trends are also emerging in the practicaluse of ICTs in the governmental, civil society andbusiness sectors. A talented young programmer– Octavian “Vivi” Costache – has developed a portalconsisting of the contact information and mainlegislative activities of all Romanian members ofparliament (MPs) on a platform called hartapoliticii.ro. On his personal webpage, Costache explains:“I’ve built a map of Romanian politicians becauseI want to make Romania a better place. Because ofthat, Forbes Romania thinks I’m one of 30 peopleunder 30 to restart the country.” 17 In February 2012APTI added a rank of Romanian MPs who voted fordigital rights during the 2008-2012 parliamentarycycle to this online political map, on topics like accessto online information, privacy on the internet,and open access issues. 18In June 2012 the first public debate on networkneutrality was held in Bucharest, organisedby the Romanian national regulatory authority ofcommunications (ANCOM) 19 and APTI. Beyond themulti-stakeholder approach, the benefit of themeeting was the quality of presentations and thehighlighting of good practices from Northern Europeancountries such as Norway and Sweden.Romanian MPs’ online presence:Are they responsive?An experiment conducted in March 2012 by theRomanian Association for Technology and Internet20 aimed at assessing the online presence andresponsiveness of the Romanian MPs. The results,14 Bakó, R.K. (2011) Romania: Mobilising for an Open eRomania,in Global Information Society Watch: Internet rights anddemocratisation, p. 222 giswatch.org/en/country-report/socialmobilisation/romania15 www.domnuleprimar.ro/16 SAR (2012) op.cit., p. 24.17 www.vivi.ro/18 APTI (Asociația pentru Tehnologie și Internet)(2012) Clasament:cum votează parlamentarii cu privire la drepturile civile digitale,February. www.apti.ro/sites/default/files/Cum-voteazaparlamentarii-cu-privire-la-drepturile-civile-digitale-v-1.1.pdf19 ANCOM (2012) Neutrali-tatea reţelelor şi sustenabilitateainternetului, 5 June, Bucharest. www.ancom.org.ro/nn-2012_471420 Manolea, B. (2012) O imagine despre democratia electronicaromaneasca in martie 2012, 23 March. legi-internet.ro/blogs/index.php/2012/03/23/o-imagine-despre-democratia-electronicaromaneascaROMANIA / 189

visualised on a chart, 21 show a low level of onlinepresence and a total lack of responsiveness of thelegislative bodies’ members: there were no responsesto email inquiries and three responses tosnail-mail inquiries.A so-called “reply reaction analysis” 22 was alsoconducted in 2003 by the eDemocratie.ro initiative, inorder to assess the public authorities’ transparencyin relation to citizens. The report developed five indicesto assess MPs’ reply reaction: general responserate (the expected percent of MPs who answer an inquiryby email); consistency rate (percentage of MPswho regularly answer an inquiry by email); averageresponse time; relevance of response in relation tothe inquiry; and transparency index (assessing thedegree of usefulness of the responses to citizens).Back in 2003, only 27% of the Romanian MPs had anemail address and only 8% of them responded to citizeninquiry. 23 The transparency index for RomanianMPs had a very low score of 0.25 on a scale from 0(the lowest) to 5 (the highest).The 2012 e-democracy experiment has resultedin several action steps. Firstly, APTI looked at theprevious results provided by the eDemocratie.roproject and started developing a database withthe contact information of Romanian MPs. The onlineplatform hartapoliticii.ro was instrumental inautomated data collection, which has been complementedwith manually gathered information aboutMPs’ online presence on social networking sitessuch as Facebook and Twitter, as well as throughtheir blogs and personal websites. This informationhas been compiled into a database, accessibleunder a Creative Commons 3.0 licence and downloadablein CSV and JSON formats. 24The second step was to send emails to the MPs. 25A total of 469 MPs have been contacted (137 senatorsand 332 deputies) through 663 email accounts,with as many as 61 messages bouncing back. Only33 MPs have even opened the inquiry message, andno replies have been received.In the third stage 322 snail-mails were sent toChamber of Deputies members to inquire abouttheir opinion on the data retention act. 26 Undelivered21 APTI (2012) Parlamentarii români pe internet, Martie, StandoutFacebrands. legi-internet.ro/blogs/media/blogs/a/Infografic-final.jpg22 Hera, O., Ailioaie, S. and Kertesz, S. (2004) Reply Reaction @Parlament. Analiza reactiei membrilor Parlamentului la e-mailuriletrimise de cetateni, eDemocratie.ro www.edemocratie.ro/R2-RO2003.pdf23 Similar studies conducted in Canada and the UK resulted in 43%and 22% response rates respectively. Ibid., p. 3.24 agenda.grep.ro25 Manolea, B. (2012) Cum (NU) se poate contacta un parlamentarromân? APTI, 22 March. www.slideshare.net/bmanolea26 apti.ro/sites/default/files/Opinie-ong-lege-date-trafic.pdfletters (21) and the low number of responses receivedwithin 30 days 27 (three only) have again proved a lackof responsiveness of Romanian MPs when it comesto accountability and dialogue with citizens.The inquiry’s fourth step – an assessment ofthe online presence of 463 Romanian MPs (328deputies and 135 senators) – noted a low numberof personal websites, blogs, as well as Twitter andFacebook accounts: 28• 55.5% of deputies and 51.1% of senators haveneither a personal website, nor a blog.• 103 MPs have only blogs, 79 only a personalwebsite, seven domain names are not active,and only 29 have both a blog and a website.• Only 29% (133 MPs) have a blog, 24.41% (113MPs) a Facebook account, and 9.72% (45 MPs)a Twitter account.• Only 48.58% of the MPs with a personal webpagehad updated them in 2012.• The rate of personal webpage updates from2008 to 2012 (both were electoral years) showssimilarly poor results: 12.74% in 2008, 4.25 %in 2009, 8.02% in 2010, 25.94% in 2011, and48.58% in 2012;• MPs with a Facebook or Twitter account showedslightly better rates of updating them in 2012:83.19% and 66.67% respectively.The results of the inquiry have been publicisedon the APTI blog, 29 on its online partner’s marketingagency blog, 30 on a community journalismwebsite (2,148 views and nine comments as of17 June 2012), 31 on SlideShare (901 views as of 17June 2012) 32 and on the independent news portalHotnews.ro (525 views as of 17 June 2012). 33 Giventhis relatively low level of interest, APTI’s directorhas declared his disappointment over the scarcepublic attention that the e‐democracy inquiry hasreceived. 3427 As prescribed by law.28 legi-internet.ro/blogs/media/blogs/a/Infografic-final.jpg29 legi-internet.ro/blogs/index.php/2012/03/23/o-imagine-despredemocratia-electronica-romaneasca30 blog.standout.ro/2012/03/prezentari/parlamentarii-romani-peinternet31 www.contributors.ro/administratie/mic-exercitiu-de-democratieelectronica-romaneasca32 www.slideshare.net/bmanolea/cum-sa-nu-contactezi-unparlamentar-roman33 Manolea, B. (2012) Mic exercitiu de democratie electronicaromaneasca, 23 March. www.hotnews.ro/stiri-opinii-11818557-micexercitiu-democratie-electronica-romaneasca.htm34 Manolea, B. (2012) Datele publice libere pe agenda guvernuluiRomaniei, 23 April. legi-internet.ro/blogs/index.php/2012/04/23/datele-publice-libere-pe-agenda-guvernului-romaniei190 / Global Information Society Watch

Such experiments are mirrors shown to thepolitical elite and send an important message:in the age of the social web, ICTs enable quickand large-scale assessments on key actors’levels of transparency, accountability and willingnessto engage in dialogue. Secrecy is no longersustainable.ConclusionsIf we look at the numbers on a global scale,Romania’s performance in the field of ICTs and democratisationis above the world average – Europein general is a high-achiever region when it comesto infrastructural development, human capitaland policy-making standards. However, when wecompare Romania within the EU and – even morerelevantly – within Central and Eastern Europeancountries, the results are alarming.The case presented in this report illustrates thelack of responsiveness of Romanian MPs and a lowlevel of transparency when it comes to informingcitizens about public matters. Although the Parliamenthas been among the first political bodiesin Romania to use ICTs for disseminating publicinformation, 35 there is still a long way to go on theroad of e‐democracy.Action stepsIn a media release issued on the country’s nationalday, Transparency International Romania has urgedthe government, business actors, civil societyrepresentatives and trade unions to fight againstcorruption both inside their own institutional structuresand on a national scale. 36Transparency and accountability through ICTsshould be a higher priority on all institutional stakeholders’agendas in Romania:• Governmental agencies, businesses and civilsociety organisations should interact more andfoster dialogue – both online and offline – in orderto reduce corruption at all levels.• Civil society organisations should be more active inholding the political class accountable to citizens.• Media actors, both from the mainstream andfrom community journalism, should take thelead in highlighting the role that citizens canplay in turning the tide of corruption.Promoting good practices when it comes to governmentintegrity is the way forward for a fair,sustainable and free society; ICTs have a key role inthis process. n35 Hera, Ailioaie and Kertesz (2004) op. cit., p. 5.36 Transparency International Romania (2011) O națiune împovăratăde corupție, 1 December. www.transparency.org.ro/politici_si_studii/indici/ipc/2011/ComunicatTIROCPI2011.pdfROMANIA / 191

Saudi ArabiaUsing the INTERNET to TACKLE POVERTY IN OIL-RICH SAUDI ArabiaSASIconsultRafid Fatani and Ahmed Al Omranwww.SASIconsult.comIntroductionThere is very little dispute that natural resourcesplay a very big role in economies. Since the discoveryof vast crude oil reserves in 1938, 1 the Kingdomof Saudi Arabia has experienced very intensive,fast and energetic development, which is not comparableto any other country worldwide. WhileSaudi Arabia has witnessed impressive social andeconomic progress, many challenges and difficultieshave emerged as a side effect of the newlygained oil wealth. These serious problems rangefrom wealth distribution to the challenges facingthe socio-political landscape of the country’s socialstructure.Subsequent to the oil boom of the mid-1970s,labour immigration increased in large numbers,resulting in a massive increase in the ratio of immigrantto native workforce for Saudi Arabia. Officialstatistics show that the foreign labour force representsover 50% of the labour market.Despite increasingly high oil prices, momentumfor progressive changes to institutions andfiscal policy is limited. Saudi Arabia, as a labour-importing,resource-rich economy, features low totalparticipation and employment rates of nationals;rising unemployment rates, especially of womenand the young; employment dominated by servicesand construction; and female employment almostexclusively in services, notably housekeeping formigrant women and education and social servicesfor native women.The Saudi government has not yet managed toalign its industrial and economic aspirations with thereality of its people. Most of the praised reforms towardshuman development and social modernisationhave largely failed to bring about the desired results,with the exception of the country’s academic elite.As the Saudi labour market has a high percentageof foreign workers, it encourages high rates of unemploymentof nationals, particularly among the young1 Goldschmidt Jr., A. (1999) A Concise History of the Middle East (6thedition), Westview Press, Boulder (USA), p. 210.people (who represent a large part of the society), 2 andthe minor participation of women. This leads to the focusof this report: tackling poverty in one of the richestcountries in the world in the internet era.Policy and political backgroundIn March 2007, Saudi Arabia’s legislative body, theCouncil of Ministers, issued a set of laws 3 affectingpolicy and regulations for internet users in SaudiArabia. The new policy measures and regulationsprohibited internet users from:[P]ublishing data or information that couldcontain anything contravening the Saudi interpretationof Islamic principles (directly orimplicitly) or infringing the sanctity of Islamand its benevolent Shari’ah, or breaching publicdecency, anything damaging to the dignity ofheads of states or heads of credited diplomaticmissions in the Kingdom, or harms relationswith those countries, the propagation of subversiveideas or the disruption of public orderor disputes among citizens and anything liableto promote or incite crime, or advocate violenceagainst others in any shape or form amongmany other things. 4While some items on this list relate to securitymatters and are arguably clearer to identify, mostdefinitions on the prohibited list are very ambiguousand are down to interpretation.Saudi Arabia’s internet penetration is growingrapidly, with the number of internet users reaching13 million in 2012, and internet penetration 41%.However, it still remains an extremely low rate consideringthat almost 60% of the population is underthe age of 24. 5 The number of Facebook users in SaudiArabia was estimated at 4,534,769 in December2011. According to figures, 29% of internet users inSaudi Arabia visit Facebook and women under 25 accountfor 48% of all internet users in the kingdom. 62 Soliman Fakeeh, M. (2009) Saudization as a Solution forUnemployment - The Case of Jeddah Western Region, University ofGlasgow, p. 36. theses.gla.ac.uk/1454/01/Fakeeh_DBA.pdf3 Kingdom of Saudi Arabia (2007) Council of Ministers Report11561/B, “Electronic Transitions Legislation” (in Arabic). www.ncda.gov.sa/media/low21/7.pdf4 Ibid.5 www.internetworldstats.com/middle.htm6 Ibid.192 / Global Information Society Watch

When it comes to the information society, SaudiArabia is a place of contradictions. While the Saudigovernment has been spending heavily on the informationand communications technology (ICT) sector,Saudi Arabia, along with China, is widely consideredto have one of the most restrictive internet access policies.7 Before granting public access to the internet in1999, the Saudi government spent two years buildinga controlled infrastructure, so that all internet trafficwould pass through government-controlled servers.With the huge expansion in public network and wirelessaccess, government policy is changing to allowthe development of new technologies while maintainingthe same security and control of media usethat is part of Saudi socio-political culture.Exposing poverty onlineLittle did Feras Bugnah know when he uploaded avideo about poverty in his city to YouTube what theconsequences would be. The 8:49-minute-long videowas the fourth in a series called “Mal3oob 3lain”(“We Are Being Cheated”).At the beginning of the video, Bugnah can beseen interviewing well-off residents of the capitalcity, Riyadh, asking if they are doing well. After theytell him that they are doing well, the camera movesto a poor neighbourhood to interview impoverishedchildren who say, no, they are not doing well at all.Bugnah continues roaming the poor neighbourhoodand interviews several residents who tell himabout the hardships of living in poverty. At the endof the episode, he faces the camera and talks aboutpossible ways to help the people there, and he canbe seen delivering donations to the houses of thefamilies he interviewed earlier.The video received thousands of views and waswidely circulated on social media sites. The video alsocaught the attention of the Saudi government. Six daysafter it was uploaded, Bugnah and his crew were arrestedin Riyadh. Authorities kept them in detention fortwo weeks, then released them without charges or trial.This episode showed the power that the internethas come to represent in Saudi Arabia.More specifically, it shows the power and reach ofYouTube as a content-sharing platform. Accordingto statistics shared by a Google representative,44% of Saudis use YouTube on a daily basis, and76% of these watch videos on their smartphones.The service says Saudi Arabia has the highest percapita YouTube use in the world.Many young Saudis saw the potential in usingYouTube to bypass traditional media and censorship.7 University of Harvard (2009) Open Net Initiative: China. opennet.net/research/profiles/china-including-hong-kongThey found in the internet a medium that allowsthem to reach their audiences directly without any ofthe old filters that control traditional channels.Most of the Saudi YouTube stars have madenames for themselves through comedy. People likeUmar Hussein and Fahad al-Butairi, who used toperform stand-up routines in front of live audiences,improved their craft by working on more polishedscripted shows, using humour to comment indirectlyon local issues.Bugnah took a different approach. From thebeginning, his show had a more serious tone andhe was clearly trying to deliver a message that wasmore socially conscious. His first three episodesthat preceded the poverty episode talked about“Saher” (the radar traffic monitoring system), highprices of consumer goods, and Saudi youth. Whilethese episodes were well received, accumulatingaround three million views in total, it was theepisode on poverty that received by far the mostattention thanks to the arrest that followed it. Thatepisode alone received over 2.2 million views.Oil, government spending and corruptionThis incident showed the power of the internet inSaudi Arabia, but it also showed another thing: thegovernment is very sensitive about the topic of poverty.As the world’s biggest oil exporter, it certainlyis not a poor country. The high oil prices in recentyears allowed the Saudi economy to grow at a fastpace: in 2011, Saudi Arabia’s GDP grew by 6.8%.That growth, however, did not seem to improvethe living standards of most Saudis. Very little of thegrowth trickles down to the middle and lower classes,due to the unfair distribution of wealth that concentratespower in the hands of a small circle of people.Fuelled by big revenues due to the high oil prices,recent years witnessed huge government spending inthe country. But with the huge government spending,the potential for corruption to win government contractsincreased exponentially. Bloomberg reportedrecently that Swiss company Tyco International Ltd.agreed to pay more than USD 26 million to resolveUS charges that it bribed officials of companies, includingSaudi Aramco, 8 to win contracts.With the lack of an elected parliament or watchdogorganisations in the country, such charges of corruptionnever seem to reach the surface in Saudi Arabia. InMarch 2011, King Abdullah established an Anti-CorruptionCommission to handle the increasing complaintsof corruption in the government. More than one year8 Aramco is a Saudi Arabian national oil and natural gas companybased in Dhahran, Saudi Arabia. Aramco was estimated to beworth USD 781 billion in 2005 according to the UK-based FinancialTimes, making it the world's most valuable company.SAUDI ARABIA / 193

after its establishment, the anti-corruption body, whichhas come to be known as “Nazaha”, seems to be stillunable to make any meaningful impactInternational watchdog groups like TransparencyInternational (TI) rank the country lower thanmost of its neighbours in their surveys. In the 2011Corruption Perceptions Index published by TI, SaudiArabia ranked 57th out of 178 countries.Some individuals tried to use the internet totackle the problem of corruption and lack of transparencyin the country. One example can be foundat the website 3addad.com, 9 which calls itself “TheIndex of Saudi Promises”.The idea behind the website is to watch the localmedia for statements by Saudi officials wherethey make promises to finish certain projects toa deadline, then list those promises with a countdownnext to them showing the time left for thesepromises to be delivered.The site not only lists projects that are inprogress, but also lists those that are past theirdue date as well as those that were delivered on orahead of time.“This index is our memory of the sum of undeliveredpromises,” wrote Thamer al-Muhaimeed, the sitefounder. “Because I assume these promises belong tous Saudi citizens, and because we have nothing butthese promises, then let us hold on to them.”The questions of corruption and how to combatit remain as some of the most important questionsthat the Saudi government needs to tackle.When 122 people were killed in floods followingtorrential rains in the coastal city of Jeddah in 2009,corruption was raised as one of the main reasonsbehind the failure of the city’s infrastructure. KingAbdullah made a strongly worded statement afterthe floods, promising to prosecute those responsiblefor the deaths, “whoever they may be.”Almost three years after the floods, no majorgovernment officials have been charged to date.The internet’s role in fighting corruptionin Saudi ArabiaThe internet is an instrumental tool for socio-politicalchange in Saudi Arabia. It is used not onlyfor reporting human rights violations, but also forhighlighting the mismanagement of oil wealth inthe country. It has developed from a key resourcefor activists in raising awareness amongst the localpopulation, to a tool used by the local population tohighlight unfairness in the country.Being one of the richest countries in the world,the future of Saudi Arabia has the potential to be9 3addad.combright for every citizen. However, the currently prevailingsituation of nepotism and oligarchic control thatonly aims at political and economic self-preservationdoes not allow for meaningful change in favour of thepeople. The internet has, in 2012, been a champion inhighlighting the flaws in the Saudi economy – flawsthat not many people thought existed, includingthose who live in poverty in the country.The phenomenon of migrant workers is notunique to Saudi Arabia, nor does it bear the soleresponsibility for poverty in the kingdom. The rootof this dilemma is the mismanagement of humanresources and exaggerated state intervention. 10 Atthe same time, oil revenues, while very generous toSaudi citizens at the top of the hierarchy pyramid,fail to bring changes to the many at the bottom ofthe hierarchy. Poverty tends to be out of public sightdue to many socio-cultural factors and large charitynetworks. This has created a population that is unawareof the poverty that surrounds it.However, the internet’s role in highlightingpoverty in Saudi Arabia has undoubtedly shakenthe state apparatus. Its swift reaction in jailing theyoung Saudi who uploaded the video on YouTubeis a clear indicator of the level of threat that the authoritiesconsider the internet to represent.Action stepsThe challenges reflected in this report representonly a small portion of a complex and evolving debateover the role of ICTs in combating corruption inSaudi Arabia. However, this constitutes a very newfield of enquiry where much remains to be explored.The following action steps are needed to stimulatethe use of the internet in fighting corruption:• The government needs to revoke the 2007 law,and replace it with a less ambiguous one thatcan be used by different state bodies withoutdiscretion.• The government needs to champion individualrights laws, including legislation on access toinformation and freedom of expression.• Transparency needs to be encouraged throughthe government publishing spending reviews.• More public internet access points are needed,and ISP infrastructure needs to be upgraded toimprove broadband connectivity.• More citizens need to use the internet by uploadingmaterial that highlights corruption. n10 Niblock, T. and Malik, M. (2007) The Political Economy of SaudiArabia, Routledge, Abingdon and New York, p. 8194 / Global Information Society Watch

South AfricaThe knowledge of crowds and the POWER of NETWORKS:USING the INTERNET to CHALLENGE CORRUPTION IN South AFRICAUniversity of WitwatersrandIndra de Lanerolle (Visiting Research Associate)indradelanerolle.blogspot.comIntroductionHow effective can the internet be as a tool to combatcorruption? The potential is exciting: applying approachessuch as crowdsourcing and data-mining;exploiting the power of social networking servicesand creating platforms to increase accountabilityand transparency. But the challenges of using theinternet, especially for countries in the South, arealso daunting: poor information and communicationstechnology (ICT) infrastructures; restrictedaccess to state data; risks to whistleblowers and resourceand skills constraints. Online anti-corruptioninitiatives are relatively new, and understandinghow these pioneers are utilising the potential of theinternet may help in mapping out future directionsfor developing and scaling up these initiatives.The launch of Corruption WatchOn 26 January 2012, a new South African anti-corruptionorganisation was launched at ConstitutionHill, a former political prison and the home of thecountry’s Constitutional Court. Present were thehead of the major trade union federation, the justiceminister and leaders from political parties, civilsociety and the major business associations.Corruption Watch urged the public to reportcases of corruption to the organisation through itswebsite 1 and other channels. This was key to themission that Corruption Watch set itself: not onlyto research and advocate but to enable citizens toengage directly in combating corruption. As thechairperson of the board, Vuyiseka Dubula, put it:It will bring back the voice of citizens to thepolitical realm of debate around equality, accountabilityand transparency … empoweringcitizens to take a stand against corruption. 2Within three days of the well-publicised launchevent, more than 70 reports had been received.1 www.corruptionwatch.org.za2 m.news24.com/citypress/Columnists/Power-to-the-people-20120128Some described terrifying incidents: “A metro(traffic) cop said if I did not pay [a bribe] he wouldhave me followed and would rape my wife and killher. So I paid him.” Many others concerned publicsector contracts. A businessman described his interactionwith a municipal procurement official:“…it was made clear to me … the bill of quantitieswould be adjusted to accommodate R800k [aboutUSD 100,000], which would pay all the relevantMunicipal officials.” Others described nepotism inthe public service: report number 71, for example,accused a senior official, Dr. M. A Seakamela, thedeputy director-general in the North-West Departmentof Education, of nepotism. It offered detailedinformation with dates and salary grades andprovided the names and positions of the officialsconcerned.After the first month, around 500 reports hadcome in. David Lewis, Corruption Watch’s executivedirector, commented at the time: “Our principle objectiveis to give voice to the public. No governmentor business leader who looks at our data and at ourFacebook page can be left in any doubt as to thelevel of outrage on the part of ordinary members ofthe public.” 3From outrage to actionBy July nearly 2,000 reports had been receivedand processed. Around 4% of the reports receivedwere passed on to media partners for further investigationand wider publicity. Case number 71 – thereport of nepotism in North West that had arrived inJanuary – was referred to a national newspaper, theSowetan. After an investigation which unearthedevidence substantiating the initial report and showingthat the official had broken a number of rulesin appointing and promoting his girlfriend and nowwife, the paper published an article in June: “Nakednepotism exposed - From bedroom to top office”. 4Three months later the official was suspendedpending an investigation initiated by the provincialminister for education. 53 www.corruptionwatch.org.za/content/more-500-cases-reportedcorruption-watch-its-first-month4 www.sowetanlive.co.za/news/2012/06/15/naked-nepotismexposed---from-bedroom-to-top-office5 www.sowetanlive.co.za/news/2012/09/04/official-suspended-forpromoting-wifeSOUTH AFRICA / 195

A small number of reports led to in-depth investigationsby Corruption Watch’s small team ofinvestigations specialists, which were then passedon to state agencies capable of taking furtheraction.Other reports formed the basis of public campaigns.Those that concerned traffic police askingfor bribes contributed to a campaign to challengepaying traffic bribes with hundreds of thousands ofbumper stickers handed out to motorists and a detailedresearch report handed to the Johannesburgauthorities. 6The challenges of using the internetThe key platform that Corruption Watch developedin order to “give voice to the public”, as the executivedirector put it, was a web-based reporting toolbuilt on the Drupal open source platform. The originaltechnical specification of the website created byCorruption Watch and the website developers 7 setout an ambitious framework for the reporting tool:first, a reporter questionnaire that would guide respondentsthrough a set of questions to categorisethe type of corruption, locate it and provide detailsthat could lead to further investigation; second,a means of storing this information in a securedatabase; and third, the ability to present the informationin aggregate via maps and charts 8 on thewebsite.The specification also allowed for registrationand categorisation of users to enable the managementof groups of users so that they could track theprogress of actions on reports. Developing and thenmanaging these online tools meant dealing with anumber of challenges.Managing multiple channelsof communicationAccording to the South African Network Society Survey,one in three South Africans uses the internet. 9In comparison, over 80% of adults use a mobilephone. Among internet users, by far the most popularapplications are social network services. Therewere an estimated 5.1 million Facebook users inSouth Africa in July 2012. 10 Corruption Watch aimedto address this reality by enabling a variety of communicationchannels for those wanting to report6 www.corruptionwatch.org.za/content/corruption-watch-calls-nomore-tjo-tjo7 The website developers were Hello Computer, a leading SouthAfrican web development and design company.8 The presentation tool has not been enabled at time of writing.9 South African Network Society Survey, Media Observatory, WitsJournalism (publication forthcoming).10 www.socialbakers.com/facebook-statistics/south-africacorruption. The specification called for access tothe reporter via email, short message service (SMS)mobile texting and Facebook. 11 A short-code SMSgateway was secured and a Facebook page created.12 Analysis of the reports after six months showsthat 46% of reports came via the website and 42%via SMS. Email accounted for 8% of reports. The remaindercame via phone, post and personal contact.Managing this diversity of channels has beentime consuming and complex. While SMS was clearlyan important channel and enabled broader accessthan would be possible with the internet alone, 83%of SMS reports were deemed invalid due to insufficientinformation, a far higher proportion than wasthe case online. This often required follow-up callswith reporters. Even where there was considerableinformation provided, it was not structured and so ithad to be entered manually into the database.SMS is also relatively expensive as a communicationmedium. Each message to Corruption Watchcosts the user R1 (approx. USD 0.15) and users oftenhave to send multiple messages to include the informationthey want to provide.Crowdsourcing corruption dataAn objective for the website was to enable sufficientquantities of rich data to be able to provideuseful indicators and insights into the nature andscale of corruption in South Africa. For example,it was hoped that it would be possible to identify“hotspots” – particular places with high levels of reports.This follows crowdsourcing data projects likeUshahidi, which was developed originally to monitorpost-election violence in Kenya. Data on corruptionis notoriously difficult to get for obvious reasons.In general it happens out of sight and those whoknow about it are often those who have a stake inits remaining hidden. Transparency International’scorruption index, 13 for example, does not measurecorruption itself but rather people’s perceptions ofcorruption. Since reporters are self-selected, it isnot possible to use Corruption Watch’s data as arepresentative sample of corruption in the country.However, analysis of the report data has helped theorganisation gain insights that have contributed toinforming its priorities and strategies. For example,the largest category of reports concern abuse ofpublic funds by state officials – including, for example,using state resources for election campaigningand using state vehicles for private business. There11 Not all these functions have been implemented at the time ofwriting.12 www.facebook.com/corruptionWatch13 www.transparency.org/research/cpi/overview196 / Global Information Society Watch

is also a surprisingly high share of reports comingfrom small towns outside the major cities, oftenconcerning corrupt procurement. While it is notpossible to draw conclusions on where corruptionis most prevalent, this information does help directthe organisation’s attention to issues that its communityof reporters know about and care about.Managing anonymity, verificationand confidentialityThe online reporter gives respondents the opportunityto remain anonymous or to provide theirnames and contact details, which Corruption Watchundertakes to keep confidential. As of July, 60% ofthose reporting provided their names and contactdetails. This suggests a high level of trust in the organisation.While anonymity is necessary in somecontexts, it has proved highly challenging in othercrowdsourcing initiatives. Ushahidi, for example,has reported on the challenge of verification wherereporters are not identified. 14 The Crimeline SMSline established by South African media group Primediain 2007 is entirely anonymous and faces theproblem that reporters often do not provide enoughdetails for action. 15 The fact that most of those reportingcorruption have provided their names andcontact details has enabled Corruption Watch staffto follow up with requests for further information.It also enables the organisation to engage thesereporters in campaigning. But it also creates otherrisks that have to be managed. Most important ofthese are the risks of breaching the confidentialityof reporters. This has required physical, operationaland legal approaches.Managing communication and conversationAs David Lewis said at the organisation’s launch,Corruption Watch aimed to be more than a researchinstitution or think tank. He wanted it to be the hubof an activist network. This required promoting atwo-way conversation. But it also required trying tomanage the direction and tone of this conversation.Amongst the concerns the team had were that thediscussions could become dominated by unproductive“whinging and whining”, or that they wouldmove off-subject into general attacks on governmentfailures. Another concern was that the online14 “Ushahidi support for verification has until now been limitedto a fairly simple backend categorisation system by whichadministrators tag reports as ‘verified’ or ‘unverified’. But this isproving unmanageable for large quantities of data.” blog.ushahidi.com/index.php/2011/11/11/what-is-the-next-step-for-ushahidiverification15 www.crimeline.co.za/PressRelease.aspx?Identity=f7e1df4d-65df-4e40-a59a-4786bae75590community would not be sufficiently diverse, especiallyin terms of race and class, to fairly representthe constituency that Corruption Watch was aimingto reach.What may not have been clear prior to CorruptionWatch’s launch is the extent to which normsand even definitions of corruption are contested.When the Sowetan published their first story oncase number 71 online, it elicited almost 100 comments.The debate was extensive and explosive.Leutler 16 responded: “I think this man is doing whateveryone is doing, government officials are all enrichingthemselves and their family starting withZuma, so give that man a break. I would do the sameif i get opportunity.” Blackthought was equally cynical:“Lol....happens everywhere around us. Just tooscared to do anything about it. White people do thisall the time.” However, he or she was challenged byWakeUpSouthAfrica: “Blackthought: Shame, is thathow you defend nepotism? White people do it?”Others disputed whether there was a corruptioncase here at all: “thers no Story here !!! so, what ifthe lady was well perfoming, a hard worker & doingher job accurately ? so acording to you she shouldnot be employed wether she has the credentials ornot?” asked MissBhakajuju. Dzel responded with:“You can’t be serious Bhakajuju, by using her connectionsshe has jumped the queue… If she wascompetent then she should have competed for theposition with everyone else... It could have beenyour sister who was overlooked, is that fair?”The debates on Corruption Watch’s Facebooksite have often been equally robust. In SeptemberCorruption Watch published a report 17 on Facebookand Twitter concerning the costs of corruptionbased on information from one of the state’s investigationagencies. Helen Mudge responded: “Why doyou take 1994 as the start of your Corruption Watchstatistics? There was a great deal of corruption inSA long before 1994. I find it offensive, narrowmindedand racist that you take 1994 as the startingdate for these figures.” Erwin Schwella respondedwithin minutes: “@ Helen Mudge We all expectedthe National party to participate in corruption asthe system of apartheid was systemically corrupt.However we had/have different expectations fromthe state government of constitutional democracy.We can therefore be doubly disappointed…”These exchanges expose the divergent socialnorms and ideological perspectives that existin South Africa in relation to corruption. These16 Like most news websites, the Sowetan’s site requires those whowish to comment to register, but displays only user names.17 www.corruptionwatch.org.za/sites/default/files/info-gr-body.jpgSOUTH AFRICA / 197

differences are not as clear in mass media wherediscussion is more mediated by gatekeepers, andthis demonstrates an important ability of the internetto extend participation in the public sphere.Crowds, networks and organisationThe “theory of change” 18 that Corruption Watchhas been developing is complex and has multiplecomponents. 19 The organisation values the gathering,investigating and then publicising of reportsof corruption in itself, following the famous statementof Louis Brandeis that “sunlight is said to bethe best of disinfectants.” 20 It prioritises analysisand research as a basis for campaigns – aiming toharness the widespread anger and frustration thatcan be seen frequently in South African mass mediaand transform them into public action. It has alsoidentified changing social norms and behaviouras important in changing the environment for corruption.And it has identified a need to repositioncorruption as an issue that affects everyone – especiallythe poor – thus aiming to connect it to broaderpolitical debates on social development and servicedelivery. Lastly, it sees improving accountabilityand transparency in the agencies responsible forinvestigating and prosecuting corruption as ameans to increase their effectiveness and improvedeterrence.The range and complexity of the organisation’sambition and its analysis of the complex problem ofcorruption imply a corresponding complexity in howit uses the internet and other communication tools.While data is valuable in itself, the organisation’sstrategies require doing much more than gatheringand publicising data. It aims to build a networkof partners capable of taking action on the reportsit receives and holding prosecuting agencies responsible.It also aims to use online platforms asa means of encouraging and organising action – asorganisations such as Avaaz.org have done successfully.This will require further development ofthe online tools it uses in the future.Conclusions and action stepsCorruption Watch is not the first anti-corruptionorganisation to use the internet to gather or disseminateinformation. The Indian I Paid a Bribe 21website, the Russian navalny.ru site and othersin Nigeria and Kenya have all used the internet tocreate platforms for increasing transparency andbuilding anti-corruption communities. Corruptionwatch.org.za,though, is one of the most ambitiousprojects developed to date, aiming not only torecord and crowdsource data but also to networkcitizens and a wide range of institutions togethertowards action.The organisation’s strategies and the onlineplatforms themselves are still in development. However,its work so far enables us to identify a numberof themes that may be important not only for thisproject but for others following similar paths:• Even where internet penetration rates are relativelylow, websites and Facebook pages can beused effectively – but this requires integrationwith other communication channels, which canbe challenging and resource intensive.• As online communities become more representative,there is an opportunity for enablinga public sphere where social norms aroundcorruption can be debated and influenced, especiallywhere mass media have limited reachor are tightly controlled.• Moving beyond anonymous reporting has allowedCorruption Watch to engage with thosereporting – strengthening its capacity to buildsocial activist networks – but it also creates risksthat the organisation has to actively manage.• Corruption Watch’s developing theory of changeidentifies creating and disseminating informationon corruption as important steps, but notsufficient in themselves. Its focus on buildingstrong networks and partnerships is likely todrive further development of how it uses onlinetools to further its objectives. n18 Theories of change are the explicit and implicit theories underlyingan organisation’s strategies and priorities that connect theirobjectives (the change they are seeking) and the means by whichthese changes will come about. The Corruption Watch staff havebeen working on developing and articulating a theory of changeto inform their strategies. For more on theories of change seeWeiss, C. (1997) How Can Theory-Based Evaluation Make GreaterHeadway?, Evaluation Review, 21 (4), p. 501-524.19 These observations are based on numerous conversations withCorruption Watch staff and founders as well as public statementsto be found on the Corruption Watch website.20 www.brandeis.edu/legacyfund/bio.html21 ipaidabribe.com198 / Global Information Society Watch

SpainThe power of a connected society to DEMAND TRANSPARENCYAND SOCIAL RESPONSIBILITY IN SPANISH BANKS:THE CASE of the CLEAN BANKING CAMPAIGN BY SETEMSETEMAnna Fernández and Marta Solanosetem.orgIntroductionSpanish banks can invest in any business and applythe level of transparency they want when it comes tocitizens. There are no mandatory standards governingtransparency and investment for banks. Bankscan develop their own policy of social responsibilityand transparency or voluntarily implementstandards, codes of conduct or initiatives in the internationalfinancial sector. 1 The problem, however,is that ethical codes are voluntary, and even the lawallows many activities that are unethical. Furthermore,although there are banks that subscribe tointernational codes, they are not obliged to meetthese principles. This legal imbalance is knownas “soft law” (i.e. the voluntary and self-regulatedcompliance with human rights and internationalresolutions, the breach of which is not penalised).For instance, regarding internal regulation onfinancing and the arms industry, the CorporateResponsibility Report 2010 for the Spanish bankCaixabank reads: “La Caixa, according to its Codeof Ethical Values and Principles, will not participatein financing operations or export of material forwar or for military use. Also, the Bank excludes anybusiness relationship with companies related tothe production or marketing of landmines and/orbombs.” Despite having these internal regulations,Caixabank ranks fourth among banks involved inthe arms business in Spain, after BBVA, BancoSantander and Bankia, according to the recentreport Inversiones que son la bomba (Explosive Investments)by SETEM. 2Every day, banks use our money to finance andinvest in companies that make weapons used inconflicts around the world. A recently reported caseis that of MAT-120 cluster bombs manufactured bythe Spanish company Instalaza in 2007 and usedby Muammar Gaddafi in Libya for bombing Misrata.The production of these bombs was financed by atleast eight Spanish banks: Cajalón, Caja España,Caja Mediterráneo, Bankinter, Ibercaja, Banco Popular,Banc Sabadell and La Caixa. This is the startingpoint for SETEM’s Clean Banking campaign, whoseslogan is “We are customers, not accomplices.”The campaign reports on the activities of the mainSpanish banks in the arms industry and offers alternativesfor action.The Clean Banking campaign revolves aroundtwo reports commissioned from the research centreProfundo: Dirty Business: Spanish banks financingproducers of controversial weapons 3 and ExplosiveInvestments: Banking business with Spanisharms companies. 4 Published only in digital format,both analyse the financial and economic relationshipsbetween Spanish banks and 19 of the leadingmanufacturers of controversial weapons and prohibitedarms that cause hundreds of thousands ofcivilian deaths worldwide. These weapons are nuclearweapons, depleted uranium and prohibitedweapons such as chemical and biological weapons,cluster bombs and anti-personnel mines. Thereport highlights that the Spanish banks BBVA,Banco Santander and Bankia are the three most activein financing companies producing controversialweapons.Bancalimpia.comThe campaign was launched from an interactivewebsite 5 on which visitors can see very clearly andeasily which “dirty businesses” their bank is investingtheir money in, read the reports, and participatein cyber actions such as sending an email to thebank, sharing the campaign on social networks ordonating to the campaign.In the last year, bancalimpia.com has receivedover 100,000 visits, and users have sent over 8,000emails to their banks to object to the use of theirmoney in the arms industry. There have been severalvideos and actions on social networks with the clearobjective of going viral, and of encouraging participation:visitors to the social network sites share theinitiative with their contacts and contribute to thedissemination of the campaign via the internet.1 More information is available in the 2010 report “Close the Gap” bythe BankTrack network: www.banktrack.org/download/close_the_gap/close_the% 20gap.pdf2 www.setem.org/media/pdfs/Informe_inversiones_explosivas3.pdf3 finanzaseticas.org/wp-content/uploads/2011/05/Dirty-Business-SETEM1.pdf4 www.setem.org/media/pdfs/Informe_inversiones_explosivas.pdf5 www.bancalimpia.comSPAIN / 199

The campaign has achieved some small accomplishments:CatalunyaCaixa has sold its shares inBAE Systems – a producer of nuclear weapons – andBBK has done the same with their shares in Thales.Banco Popular, Bankinter and Banco Santanderhave also contacted the campaign.The campaign was nominated as one of the 10best websites for social activism campaigns worldwideby the BOB Awards, 6 which rewards projectsfocused on the right to freedom of expression thatencourage open debate on the internet. Highlightsof the site include constant updating and clear messagesthat are easy to understand, and the fact thatsome banks have begun to respond to the complaintsfrom the public.This good news contrasts with the silence thatthe campaign has received from the mass media,and the rest of the banks that have not contactedthe campaign.We have also found a lack of transparency inthe reporting of banks’ investments, and that thebanks will go as far as to block communication oncontroversial topics. Examples include the suddeninterruption of the streaming broadcast of a BancoSantander shareholders’ meeting, just when amember of the campaign was speaking, and the difficultiesfound in getting the mainstream media toreport on the campaign. In fact, the Clean Bankingcampaign is considered one of the great “media silences”of 2011, according to the Media.cat Yearbook2011, 7 which considers that the contents of the DirtyBusiness report deserved better media coverage.The Yearbook reports that in May 2011 the digitaleditions of the Spanish newspapers ABC, El Mundo,Qué, La Vanguardia and ADN covered the reports. Thenewspaper Gara, widely read in the Basque Country,also reported on the connection between the clusterbombs and Spanish banks. In addition, a radioprogramme on the radio station RTVE, called HoraAmérica (America Time), gave SETEM spokespeoplethe opportunity to explain the report.The conclusion that emerges from this, accordingto the Yearbook, is that digital media or digitalmedia publications by the mass media are muchmore open to cover cases of complaints and violationsof rights, while the print editions of the massmedia are reluctant to publish such information.Transparency?Following the work of the Clean Banking campaign,we have continued to come across a lack oftransparency in the banking sector. For instance,6 thebobs.com/english/about/about-27 www.media.cat/anuari/les-guerres-dels-bancs-catalanswe have encountered many difficulties in findingdata, as reports and databases about investmentare restricted. For citizens, websites and socialnetworking profiles of banks are basically focusedon marketing their products and services, not onreporting what is done with customers’ money, orhow the bank is organised internally, and so on. As aresult it is really difficult to know where investmentsare taking place.Fortunately, not all banks are like this, and thereis an alternative banking model that does upholdtransparency as a fundamental principle: we referto this as ethical banking. Ethical banking is anotherway of saving and investing that combines socialbenefits with economic benefits. Savings accounts,mutual funds or deposits seek the ethical use ofmoney and are committed to socially and environmentallyresponsible companies.Ethical financial institutions apply ethical, socialand environmental criteria when defining theirinvestment policy, and this also implies defining apolicy for transparency. Transparency is a key elementthat lends coherence and credibility to theethical finance sector, and facilitates the socialtransformation of banking. This would be meaninglesswithout the banks’ reporting on the projectsbeing funded and investments made in a simple,fair and accessible way.For partners and customers of ethical financialinstitutions, a transparency policy mainly involvestwo things. First, knowing what projects and organisationsare being funded or invested in implies thatclients know exactly where and why their money isbeing used. And consequently, this knowledge canbring coherence. Coherence means avoiding whatis often a contradiction between personal valuesand the values that emerge from the use given toour money.In Spain, ethical banks typically focus theirenergy on maintaining an online presence wherepeople can learn about their philosophies, operationsand projects being invested in. In this way theymaximise the huge potential of the internet as a disseminationtool, and as a key means of promotionamongst citizens who demand ethical alternatives.The targets of all investments are shared via theirwebsites 8 and social networking profiles.In 2011 the ethical finance sector in Spain increasedsignificantly: deposits have increased by54%, and loans have gone up 24% from 2010. 9This achievement would hardly have been possible8 For examples, see: www.triodos.es, www.oikocredit.cat, www.fiare.com and www.coop57.org9 www.fets.org/ca-es/general/barometre-2011200 / Global Information Society Watch

without the role played by the internet in the opendissemination and sharing of information.Action stepsSETEM is committed to exploiting the revolutiontowards transparency and facilitating dialogue withthe public that the internet has enabled. Socialnetworks can help visualise and share informationabout the transparency of the banking sector andcontinue to demand real changes.How do we face up to this challenge? We havedifferent areas of work, ranging from building argumentsagainst the unethical practices of the bankingsector, to the promotion of alternatives.One area that will continue to develop, andwhich has had more impact in recent years, isshareholder activism (i.e. participation in banks’shareholders’ meetings to bring attention to theunethical practices of the company). The processis initiated via the internet – on social networks,through emails to a database of supporters, on awebsite, etc. – calling for shareholders to delegateto SETEM the right to participate in a shareholders’meeting. 10 For example, in order to attend the meetingof shareholders of BBVA, 511,920 shares weredelegated. 11 This allowed us to put evidence beforethe board of directors and shareholders about thecontinued relationship between the Spanish bankand arms production worldwide, some as controversialas nuclear weapons, cluster bombs anddepleted uranium weapons.On the other hand, we are also working on anew line of action that will involve new actors. InSeptember 2012 we launched the campaign DemandEthical Banking from Your University, 12 whichencourages the university community to ask its ownuniversities to work with ethical banks. This is aparticipatory campaign with a big focus on onlineactivities, including an ambitious social media plan.The aim is to create a digital identity for the campaignand from there to build online communitieswith students who want their universities to makethe switch to ethical banking. Some of the actionsplanned are the production of videos by universitystudents that can be circulated across social networks,cyber actions and Twitter actions directedat their own universities, and other forms of campaigningusing social networks.Another of the highlights is the creation ofwebsites that bring together information aboutcontroversial investments by banks that is not offeredby the banks themselves – such as BancaArmada (Armed Bank), 13 a website jointly createdby SETEM, the Observatory on Debt in Globalizationand the Delas Centre for Justice and Peace, andBank Secrets, 14 an initiative by BankTrack.Wishes for the futureBanks will be increasingly less capable of silencingcorruption and a lack of social responsibility. Theinternet opens a huge door to spread informationand take action. NGOs and social movements canmake cases of rights violations visible and directlypromote alternatives – the mass media is not theonly partner defending civil rights. Furthermore,the objective is to stop being a one-way voice andcreate a community of people who support ethicalbanking, a community which grows and is strengthenedthrough the multiplier effect of the internet.In this sense, digital media promote the abilitynot only to spread messages that previouslycould be censored, but also offer the great advantagethat an engaged citizenry can organiseand be directly empowered in change campaigns.Social movements such as the 15th of May Movement(15M) in Spain or the Arab Spring were bornusing social networks. An interesting point is thata critical movement such as Democracia Real Ya(Real Democracy Now) has more Twitter followersthan the two major political parties in Spain (PP andPSOE).Social networks make it possible for the citizensthemselves to organise politically, outside structuredorganisations.One of the most ambitious campaigns for the15M Movement is the 15MpaRato 15 campaign. Thisis an online campaign to collect information aboutthe Bankia case and file a complaint against theperpetrators that have led to its bankruptcy. Thecampaign explains on its website that “the peoplecan demand responsibilities, we now have the toolson the net to reveal their accounts, their dirty tricks,discredit and prosecute them until they have nowhereto hide.”This is our desire for the future: a society thatuses the power of the internet to organise and takepart in building the world we want. n10 www.setem.org/blog/es/catalunya/activismo-accionarial-peticionde-acciones-para-asistir-a-la-junta-de-accionistas-de-la-caixa11 www.setem.org/blog/es/catalunya/bbva-ocupa-la-primeraposicion-en-el-ranking-de-la-banca-armada-espanola12 www.demanabancaetica.org13 bancaarmada.org14 lossecretosdelosbancos.org15 15mparato.wordpress.comSPAIN / 201

SwitzerlandSwitzerland: FACETS of AN UNIMPOSING PROBLEMComunica-chWolf Ludwigwww.communica-ch.netIntroductionUsually, Switzerland is not perceived in conjunctionwith phenomena like corruption or varieties of badgovernance. Geneva is the home of a major UnitedNations seat and the four Geneva Conventionsof 1949, the two Additional Protocols of 1977 andthe Additional Protocol of 2005 that form the coreof international humanitarian law. 1 Furthermore, itis the homeland of the International Committee ofthe Red Cross, the Basel Convention on the Controlof Transboundary Movements of Hazardous Wastesand Their Disposal, 2 and comparable institutions. Inwealthy and affluent societies, corruption is seen asless pervasive.Switzerland’s financial centre plays a centralrole in its economy with regards to labour, the creationof value and tax revenue. The financial sectoris responsible for roughly 11.5% of the gross domesticproduct and employs 6% of the workforce.Furthermore, this sector contributes approximately10% of the country’s income and corporate tax revenue.Switzerland’s general stability accounts forits international reputation as a preferred providerof financial services. Important competitive advantagesare, for instance, its political constancy andthe stability of its currency. Switzerland also playsa leading global role in asset management: roughlyone third of all private assets invested abroad aremanaged by Swiss banks. 3Country situationAccording to the Transparency International (TI)Corruption Perceptions Index 2011, Switzerland isat the forefront with a reputable eighth positionbehind New Zealand, Scandinavian countries, Singaporeand the Netherlands. 4 But this is only oneside of the coin and reflects a common perception.1 www.eda.admin.ch/eda/en/home/topics/intla/humlaw/gecons.html2 www.basel.int3 www.transparency.ch/financialcentre4 cpi.transparency.org/cpi2011/results and www.transparency.org/news/pressrelease/20111201_cpiA closer look at the Swiss Alps republic offers plentyof less laudable facets.A main pillar and pride of Swiss identity is itslongstanding neutrality. Over broad periods of itscontemporary history, Switzerland used this specialstatus for all sorts of doubtful collaborations.Among the more familiar is the Nazi gold transferredby Nazi Germany to Swiss and overseas banks beforeand during the Second World War. 5 And over thecourse of decades, Switzerland was a safe harbourfor fraud and embezzlement of national wealth foralmost all despots around the world, including IdiAmin (Uganda), Jean-Bedel Bokassa (Central AfricanRepublic), Joseph Desire Mobutu (Zaire), “BabyDoc” Duvalier (Haiti) and Ferdinand Edralin Marcos(Philippines), among many others. 6 Money launderingon a broad scale for Latin American and otherdrug cartels was another lucrative line of businessfor Swiss banks. 7 Huge treasures of peculated nationalwealth from all over the globe are stashed inSwiss bank accounts, totalling around 2.7 trillionSwiss francs, according to the Swiss Bankers Association.8 Among accomplished gentlemen at theZurich Paradeplatz, the gathering place for Swissbankers, a common understanding that “money hasno smell” prevails. Almost constitutional in this respectis the famous Swiss bank secrecy – anotherpillar of Swiss national identity or particularity.“Potentate money”On the one hand, the country’s elite stands on itsimmaculate image as honourable bourgeoisie; onthe other hand, they never had any scruples aboutserving as helpers and dealers of the world’s worstscoundrels. While the international communityclosed ranks for the UN boycott against the SouthAfrican apartheid regime, Swiss business and bankersproved beneficial for the regime. 9 As always,money has no smell, and whatever serves one’s own5 en.wikipedia.org/wiki/Nazi_gold and en.wikipedia.org/wiki/World_Jewish_Congress_lawsuit_against_Swiss_Banks6 Ziegler, J. (1992) Die Schweiz wäscht weisser: DieFinanzdrehscheibe des internationalen Verbrechens, Knaur,Munich.7 Trepp, G. (1996) Swiss Connection, Unionsverlag, Zurich.8 www.swissbanking.org/en/home.htm and www.spiegel.de/spiegel/print/d-88754355.html9 www.apartheid-reparations.ch/documents/reparationen/WSP_en_05.pdf202 / Global Information Society Watch

interests cannot be doubtful. And the Swiss government,while continuously praising the country’s“humanitarian tradition” and values, has toleratedthis distinct form of hypocrisy over decades. “Caseslike Abacha, Marcos and Duvalier clearly show thatSwiss bank accounts were continuously abused bydictators… [and this] has impaired the reputation ofthe country’s finance centre,” says TI.This inglorious tradition or business-as-usualpolicy has seen a constant but hesitant change inrecent years through the freezing of illicit assets.Switzerland has undertaken various steps on thelegal front over the last years to strip off its negativeimage as shelter for illegal money from “politicallyexposed persons” or so-called “potentate money”. 10In 1997, the parliament passed a new law to combatmoney laundering, corruption and the financing ofterrorism in the financial sector – the GwG. 11 Anotherchallenge for the Swiss government was atransparent and fair restitution of illicit assets act– the Act on the Restitution of Illicit Assets (LRAI),also known as “Lex Duvalier” – which entered intoforce in February 2011. 12According to the Swiss Foreign Office:Switzerland has returned about 1.7 billion Swissfrancs to countries of origin, which is more thanany other financial centre of a comparable size.Individual cases attract considerable publicityon account of the high profile of the peopleand the amounts of money involved. Examplesinclude: the Montesinos case, Peru, 2002; theMarcos case, the Philippines, 2003; the Abachacase, Nigeria, 2005; the Angolese assets case,Angola, 2005; the Kazakh assets case, Kazakhstan,2007; the Salinas case, Mexico, 2008.Some cases are particularly complex to solve.Among them, one can mention the Mobutu case(Democratic Republic of Congo or DRC) andthe Duvalier case (Haiti). In the Mobutu case,Switzerland strove during 12 years to return thefrozen assets to the DRC. This challenge finallyfailed among others because of the lack of cooperationof [the DRC]. 13TI together with other Swiss NGOs is closely observingsuch restitutions to the countries of origin aswell as their appropriate expenditure.10 www.transparency.ch/de/aktivitaeten/potentatengelder/index.php?navanchor=211002011 www.admin.ch/ch/d/sr/9/955.0.de.pdf12 www.admin.ch/ch/d/sr/c196_1.html and www.eda.admin.ch/eda/en/home/topics/finec/intcr/poexp.html13 Ibid.Lessons learned: The Arab Spring casesSome observers argue that there was an incontestablechange of policy when the former minister offoreign affairs, Micheline Calmy-Rey (2003-2011), amember of the Social Democratic Party (SPS), cameinto office. In recent cases the Swiss governmentproved to be alert and responsive. At the beginningof 2011, Switzerland was the first country to freezeassets held by the former Egyptian and Tunisian leadersand their entourages, in order to return the illicitassets by means of legal assistance and in cooperationwith the countries concerned. At an internationalexperts meeting in January 2011 in Lausanne, theFederal Department of Foreign Affairs (FDFA) stated:It was Switzerland’s wish to bring together thevarious actors from these states and these financialcentres a year after the events. The purposewas to summarize the first lessons learned fromthe experience, to examine possibilities of futureaction and to strengthen contacts betweenthe different governmental actors and intergovernmentalorganizations concerned with therecovery of stolen assets.This was the sixth seminar as part of the LausanneProcess launched by the FDFA in 2001 to promotedialogue between countries affected by corruptionand recipient countries of illicitly acquired assets. 14While considerable progress was made in termsof illicit assets, Switzerland is still a safe harbour fortax evasion from neighbouring countries like Germany,France, Italy and others. Under constant pressurefrom the European Union (EU) and the Organisationfor Economic Co-operation and Development (OECD)over the last years, Switzerland is redefining its traditionof bank secrecy and has started bare-knucklenegotiations with the German government. This hasresulted in a bilateral tax treaty (Steuerabkommen)that is still strongly disputed in the German parliamentand public for not being effective enough.The export sectorSwitzerland’s wealth is not so much based on itsfinancial sector but rather on exports. 15 Anotherfacet of the corruption and bribery story is Swissenterprises doing business abroad where “briberyis almost a day-to-day routine.” According to a surveypublished by the University of Applied Sciencesin Chur (HWT), around 40% of Swiss enterprises are14 www.news.admin.ch/message/index.html?lang=en&msgid=43127and www.eda.admin.ch/eda/en/home/recent/media/single.html?id=3763215 www.rudolfstrahm.ch/wp-content/uploads/2012/03/buchbestellschein-hep.pdfSWITZERLAND / 203

confronted with bribery demands. And more thanhalf of them concede to such practises. In total,more than a fifth of 510 export companies surveyedare using bribery to land contracts – “a surprisinglyhigh share” say the authors of the study. 16For TI this finding once again shows gaps in thelegal order. On one side, bribing of foreign officialsis a punishable offence. Furthermore, enterprisesthat do not take precautions can be prosecuted andfined up to five million Swiss francs. However, notpunishable is the so-called “business climate carework” which includes favours for foreign officialsthat do not involve official orders or authorisations.According to TI spokesperson DelphineCentlivres, “Corruption is a deed with two offenders,whereas a victim in the classical sense ismissing.” Therefore, law enforcement agencies arerarely informed about such abuses and “nobodyinvokes the courts.” Subsequently, condemnationsfor bribery abroad are extremely rare. An exceptionfrom the rule was the Alstom case when the Frenchenergy and transport giant was fined 2.5 millionSwiss francs for briberies in Latvia, Tunisia and Malaysiain 2011. According to the Office of the AttorneyGeneral of Switzerland, Alstom used a number ofmiddlemen to veil payments to foreign officials. Atotal of 24 criminal procedures were launched. 17OECD progress reportA recent TI report on the Progress Report on ExportingCorruption published by the OECD indicatesthat corruption charges increasingly lead to fines,imprisonments and claims of damages against reputation.With 52 anti-corruption cases and a shareof 1.5% of world trade, Switzerland belongs to theseven countries actively implementing the OECDanti-bribery convention. 18 However, the number ofcases is still rather small and imposed sanctionsare often not deterrent enough. Furthermore, regulationsagainst bribery in the private sector shouldbe intensified and incorporated into the criminalcode. Moreover, national regulations for granting ofundue advantages should not be limited to publicofficials in Switzerland only, but equally applicableto officials abroad. 1916 www.transparency.ch/de/aktuelles/meldungen/2012_10_19_DerBund_Jedes_fuenfte_Unternehmen_zahlt_im_Ausland_Schmiergelder.php?navid=117 Ibid.18 www.oecd.org/daf/briberyininternationalbusiness/antibriberyconvention/38028044.pdf19 www.transparency.ch/de/aktuelles_schweiz/meldungen/2012_09_05_Pressemitteilung_OECD_Progress_Report_2012.php?navid=1 and transparency.ch/de/PDF_files/Divers/2012_ExportingCorruption_OECD_Progress_Report_EN.pdfSpicy side notesOther unsavoury corruption stories in the countryinvolve the International Olympic Committee (IOC),seated in Lausanne, and the World Football AssociationFIFA, based in Zurich. Over the years, themedia has continuously reported about hair-raisingcorruption stories from these organisations. “Corruptionin sport became endemic and endangersthe integrity of Olympic sports gravely,” says RichardPound, who has been the IOC vice presidentfor many years. The overwhelming majority of the35 Olympic World Sport Associations have takenno precautions to prevent and combat corruption.Most associations and their officials are not evenaware of the problem. As head of an internal assessmentcommission in the bribery case of SaltLake City, Pound saved the IOC from the corruptionnemesis in 1999. 20 After persistent criticism andpressure the IOC established an Ethics Commissionto investigate its notoriously incompetent executiveboard members.In recent times, the turmoil around FIFA and itsautocratic boss Sepp Blatter has bothered Swissparliamentarians. Notorious scandals at the FIFAheadquarters in Zurich were not an issue for Swisspoliticians until December 2010, when new revelationsabout bribery cases in the top managementbecame public. A 20-million-euro sponsoring dealbetween FIFA and Interpol, the specialised agencyto combat international crime, covering 40% of Interpol’sannual budget, was singled out by a SwissMP: “It’s like the smuggler bribing the customs officer.”In several motions by political parties thegovernment was urged to take actions againstcommon corruption and betting manipulations insports associations. Parliamentarians asked fortermination of unjustified tax privileges and exemptionsfor FIFA which were “harming Switzerland’sreputation.” 21As of now, the IOC and FIFA are not subject toSwiss corruption laws – the Confederation still considersthem ordinary associations, despite the factthat the Olympic umbrella organisation conductsthe games every four years with turnovers of aroundUSD 6 billion. With its four-yearly World Cup, FIFAgenerates around USD 4 billion. Yet the directionof these mega events is not legally considered a20 www.stuttgarter-zeitung.de/inhalt.korruption-bei-fifa-und-ioc-der-kampf-gegen-die-schattenmaenner.b09f633f-4bd3-4365-b2f5-b60c8c6270fb.html; www.weltbild.ch/3/17401951-1/ebook/korruption-im-ioc.html and Sitarek, J. (2004) Quo vadis, IOC? DerKorruptionsskandal um die Vergabe der Olympischen Winterspielean Salt Lake City 2002 und die Folgen, Diplomica, Hamburg.21 www.tagesanzeiger.ch/schweiz/standard/Die-Schweiznimmt-Schaden/story/22748653?dossier_id=1536and www.tagesanzeiger.ch/Sport/dossier2.html?dossier_id=1536204 / Global Information Society Watch

usiness operation. Misconduct inside the world’sbiggest sport organisations is subject only to a sortof self-administered justice or a kind of dysfunctionalself-regulation. 22ConclusionsThere is no evidence or obvious causality that theinternet was crucial for revealing corruption problemsin the country, besides increasingly promotingtransparency and accountability. Over the years,Swiss NGOs specialised in development cooperationlike the Berne Declaration and others havebeen doing their best to sensitise the public and tolaunch campaigns that improve the compliance ofSwiss global players abroad:Business opportunities for corporations havegreatly increased in recent years. Swiss corporationsbuy, invest, produce, and sell all over theworld nowadays. The Berne Declaration makessure that they act responsibly towards the societiesand the environments in which theyoperate. This is particularly important in areaswhere Swiss concerns are major global players:in pharmaceuticals, agribusiness and finance. 23Action steps• The sensitisation of the public, political partiesand parliamentarians about the various impactsof corruption in Swiss politics and business isnecessary. The internet and related communicationtools have become an important instrumentfor civil society and NGOs to increase awarenessand the transparency and accountability of thecountry’s institutions, where established mediado not properly perform this watchdog function.• The excellent work TI is doing needs strongerpublic support and recognition.• There is a need for the reconsideration andmodification of the IOC’s and FIFA’s legal statusas business entities and increased control.• Critical voices like the Berne Declaration andother NGOs specialised in development cooperationin its various facets should be listened toby the country’s political and business actors. nCivil society and NGOs are increasingly using newcommunication tools and platforms to launch petitionsand campaigns and to improve public scrutiny.22 www.news.de/sport/855089725/sport-als-rechtsinsel-feigenblattethikkommission/123 www.evb.ch/en/f25000037.htmlSWITZERLAND / 205

SyriaYoung Syrians TACKLE CORRUPTION USING the INTERNETAnas TawilehIntroductionFighting corruption is a very high priority on the developmentagenda of many developing countries,and Syria is no exception. Several initiatives havebeen launched in the country to increase the government’stransparency towards its citizens. In the2011 Corruption Perceptions Index, Syria ranked129th of 182 countries, with a score of 2.6 for theindex. 1 In the previous year, the country occupiedthe 126th place, scoring 2.5 on the index. Clearly,more initiatives are still needed to fight corruption,and more effective tools must be utilised to supportthese initiatives. A study by Dreher and Herzfeld in2005 2 estimated that Syria loses an average of USD34 of its per capita GDP as a result of corruption.In their search for effective tools to supportanti-corruption initiatives, Syrians noticed the remarkablegrowth in mobile and internet penetrationover the past few years. Internet penetration in 2010was 19.8%, 3 and around 10 million Syrians had mobilephones in 2009. 4 Leveraging these technologiesand their growing popularity among the country’spopulation to contribute to the fight against corruptionbecame an obvious choice.Policy and legislative environmentA report produced by the committee tasked with establishingmeasures to prevent and fight corruption,published in 2011, clearly mentions the passive andsometimes negative attitude of most citizens whenit comes to corruption, and sees this as a significanthurdle facing reform efforts. The committee’s recommendationsincluded finding ways to convincecitizens that their complaints are taken seriously,and that they count when it comes to building amore transparent, effective and efficient publicsector. Additionally, the report recommended establishingmechanisms for continuous monitoring1 cpi.transparency.org/cpi20112 Dreher, A. and Herzfeld, T. (2005) The Economic Costs ofCorruption: A Survey and New Evidence. 129.3.20.41/eps/pe/papers/0506/0506001.pdf3 Internet World Stats www.internetworldstats.com/middle.htm4 Economy Watch www.economywatch.com/economic-statistics/Syria/Telephone_Statistics/of the administrative performance of governmentagencies to reduce the potential for corruption.Syrian legislators have explicitly criminalisedcorruption. For example, article 31 of the EconomicCriminal Law states: “The initiation of an economiccrime is as a full crime. Most of the acts of corruptionare considered economic crimes, and punishable byeconomic criminal law.” 5Using ICTs to fight corruptionIn a project designed to empower the Syrian youth,conceived and implemented by the Syria Trust forDevelopment, 6 participants (mostly youth agedbetween 14 and 16 years) were asked to identifydevelopment issues and challenges faced by theirlocal communities, and develop solutions thatleverage ICTs to address these challenges. In onebrainstorming session for the project, participantsin the city of Homs in central Syria identified thepassive attitude of their fellow citizens towardsvoicing their concerns and complaining about problemsin the provision of governmental services.They believed that this can be attributed to twomain reasons. Firstly, people do not believe thattheir complaints are taken seriously, and they feelthat the government is indifferent towards theiropinions and needs. Secondly, even if someonewanted to complain, there are no clear mechanismsor communication channels for them to do so.Another problem identified by the project participantswas the negative perception of ICTs amongcitizens. While the younger generation was eagerto learn and adopt new ICT technologies, oldercitizens were more cynical of the benefits that canbe gained from their use, and could not appreciatethe potential of these technologies in their livesand communities. There was a widespread beliefamong older generations that these technologiesare mostly used to access inappropriate contentor are a wasteful use of time, and that such usagedoes not justify the high expenses associated withtheir use.In a brilliant stroke of creativity, the team decidedto design a project that would improve theperception of the older generations towards ICTs by5 Translations are as per official government translations.6 www.syriatrust.org206 / Global Information Society Watch

demonstrating how effective these tools can be increating communication channels between citizensand the local administration. The team met withofficers from the local electricity supply companyand the city’s municipality to sell their idea. Theynoticed great enthusiasm among the managementof these agencies for creative ways of leveragingICTs to strengthen connections between them andthe citizens of their localities, and for improvingpublic participation in the monitoring of local serviceprovision. This, they believed, would increasetransparency and accountability, and reduce the potentialfor corruption in these service areas.To test those assumptions, the project team designeda web portal that would enable citizens toregister complaints about the delivery of local services.Complaints registered in the system would besubmitted to the relevant agency for response orproper resolution, and the citizen who registeredthe complaint could track its status and progress.However, in the early stages of project evaluation,the project team concluded that the low internetpenetration rate in the local community, and the highcosts (both financial and technical) associated withthe use of this communication channel at the time,would hinder the participation of a large number ofpotential beneficiaries of the system. Using mobilephones as an alternative point of contact was a moreattractive option. Almost every person that could usethe system owns a mobile phone, and the costs ofmobile messaging are reasonable. Moreover, usingthe system through a mobile phone does not requireexcessive technical knowledge, which lowers thebarriers to use for many potential users.Implementing such an elaborate system thatutilises mobile communications, as well as theweb, as the main point of contact with the citizen,required specialised skills and expertise. Unfortunately,the project’s young team did not possesssuch skills. Luckily, not long after they faced thesetechnical challenges, the project leader, Eiad Yafi,stumbled upon Ushahidi, the mobile and web reportingplatform. 7 Yafi discussed the potential forthe use of Ushahidi to build the complaints andpublic service monitoring platform with the projectteam, and a workshop for this purpose was conductedshortly after.The main idea behind the “e‐complaints platform”(as the project was named) was to enableresidents in the city of Homs to monitor the provisionof the services of the electricity company andthe city’s municipality. If they found any issues orproblems, or witnessed an incident of corruption,7 ushahidi.comthey could immediately report the problem usingthe platform by either sending a text message orthrough the online web interface. They could alsosubmit photos to document the problem beingreported. The submitted problem reports or complaintsare displayed on a map view on the platform,and an email request is immediately sent to theorganisation responsible for this type of problemwithin the reported geographic areas (see Figure 1).When the complaint is addressed and the problemit reports is solved, it will be removed from themap. Using Ushahidi’s timeline feature, managementin the concerned agencies can monitor theperformance of complaint handling in their agenciesby noting the timeframe during which eachcomplaint was visible on the map. This feature wasconsidered a great tool for establishing responsibilityand accountability, as it gives management anobjective assessment of the performance of theirstaff. It also reduces the potential for corruption asemployees in the workflow for any service provisionwithin these agencies would know that many eyesare watching over their shoulders. This, effectively,crowd-sources monitoring of administrative performanceby the citizens themselves, which is oneof the recommendations from the committee forfighting corruption.Management can also use the elaborate, nicelyvisualised reports that can be produced by the platformto compare performance across different partsof their organisation, and establish benchmarks forthe workflows required to address certain types ofproblems or issues. The reports can also show thecorruption or carelessness levels in different departmentsor geographic areas. Management canuse this information to better target and prioritisetheir anti-corruption and accountability initiativesand activities.The project team also developed an additionalfeature that uses colour-coding to indicate the statusof each complaint. By enabling this feature,citizens can quickly understand the status of theircomplaint based on its current colour, as differentcolours denote varying stages in the complaint reportand resolution process. Management of theconcerned agencies can also use this feature toquickly assess the problem areas within their agencies,and evaluate the amount of work required toaddress citizens’ complaints.While the project was initially planned to includethe electricity supply company and the local municipalityin its pilot and feasibility assessment phase,the youth behind the idea were very ambitious. Duringtheir project design workshops, they planned toscale up the project, contingent on the outcomes ofSYRIA / 207

Figure 1The e-complaint online platformits pilot phase, to include all government agencies inthe city of Homs, and probably all over Syria. Theyalso thought of expanding its scope beyond thegovernment to include private sector companies aswell. This, they believed, can be an important sourceof revenue that is much needed to ensure the sustainabilityof the project, without compromising itstransparency and independence. The platform servicescould be sold to companies in the private sectoras an outsourced complaint management service,and the revenues could be utilised to cover the costsfor platform support and future development.Unfortunately, just before the platform wasscheduled to be launched, unrest erupted in thecity, and the project team was forced to put its planson hold until the situation stabilises. However, theteam remains determined to launch the platform asan experiment that demonstrates how ICTs can beleveraged to address delicate issues like corruption,transparency and accountability.ConclusionsWhile the delayed launch of the e-complaints platformdid not allow the provision of a concrete reporton its actual use or the identification of specificsituations where the platform contributed to reducecorruption and increase accountability, the processthrough which the platform was developed, and thepotential it holds, offer significant lessons.Probably the most important feature of theplatform is the fact that its idea was completelyconceived, developed and implemented by youngSyrians aged between 14 and 16 years. This clearlyshows the determination of the upcoming generationsto tackle the challenges that hindered thedevelopment of their countries for decades. It is remarkableto see children of this age thinking aboutways to empower their fellow citizens and hold theirgovernment accountable.Secondly, the project team believed that theycan actually develop a solution that leveragesemerging ICTs to address the complex, multifacetedand widespread problem of corruption. It seemsthat the children have a clear perception of theinternet as an open, transparent and equitablecommunications channel that can give voice to thevoiceless. This, they thought, may encourage citizensto change their attitude towards holding theirpublic servants accountable, and take a tougherstance towards corruption.But opening up communications between thegovernment and its citizens requires strong will208 / Global Information Society Watch

from both sides. The project team believed that ICTscan actually make the process of complaining andvoicing concerns accessible to every citizen. However,the government should also be willing to listen,and to take the citizens’ engagement seriously. Forthis purpose, the project team actively pursuedmeetings with the top management of several governmentagencies to secure their participation inthe project. Management of these agencies echoedthe public’s concerns about fighting corruptionand improving transparency and accountability,and were keen to use the platform to develop theirorganisations.Action steps• Investigate similar ways to leverage the capacityof ICTs to provide easily accessible, equitableand widespread access to citizens to engagethem in the fight against corruption.• Focus on the younger generations who have astronger belief in their own ability to fight corruptionand increase government transparency,and in the potential for ICTs to play an importantrole in facilitating this process.• Identify all concerned stakeholders, secure theircommitment to the initiatives from the outset,and consider their input into the developmentof these initiatives.• Leverage ICTs as a medium for raising awarenessabout the negative consequences ofcorruption, and how these tools can be usedto increase the public’s monitoring of the areasthat are suspected of high levels of corruption.• Liaise with the government to discuss thecost-effective ways that ICTs can be used tostrengthen citizen-government communicationsand citizens’ participation in the public sphere. nSYRIA / 209

TanzaniaMonitoring corruption online in TANZANIACIPESALillian Nalwogawww.cipesa.orgBackgroundThe introduction of multi-party democracy in Tanzaniain 1992 has seen citizens demand greaterefforts from leaders in the fight against corruption.There have been some plausible efforts by thegovernment, such as the formation of a PresidentialCommission against Corruption by PresidentWilliam Mkapa in 1995, to assess the state of corruptionin the country. The commission producedone of the well-regarded analyses of corruptionin African states, known as the “Warioba Report”.It identified areas where corruption occurs andrevealed the mechanisms – regulations and procedures– that facilitate corruption. But, rather thandecreasing, corruption continues to flourish in Tanzania,with current president Jakaya Mrisho Kikwetewidely criticised for not doing enough to rein in thevice.The 2011 Transparency International (TI) CorruptionPerceptions Index ranks Tanzania at position100 out of 183 countries. 1 The index measures theextent of corruption in the public sector. Countriesare scored based on the extent of bribery amongpublic officials, kickbacks in public procurement,embezzlement of public funds, and the strengthand effectiveness of anti-corruption efforts. Nonetheless,reports from the Tanzania Prevention andCombating of Corruption Bureau (PCCB) indicatethat from 1995 to March 2012, several actions havebeen taken in combating corruption in the country.Some 54,860 allegations have been received; 967public servants inclined to take bribes and othercorrupt behaviour have received administrative actions;1,547 cases have been filed in court underthe new Prevention and Combating of CorruptionAct (PCCA) (2007); there have been 308 convictionsagainst corrupt offenders; and over USD 59 millionhas been recovered by the PCCB. 2 However, bothgrand and petty corruption persist in Tanzania, fromoffering a bribe to register a company and providingincentives to a public health worker in order toreceive treatment, to bribing a traffic policeman,paying local councillors and magistrates to decidea case in one’s favour, and grand embezzlement ofpublic finances.Policy and political backgroundTanzania has in place a number of comprehensivelaws to fight against corruption. These laws can betraced back to the colonial times where the Britishcolonial regime introduced and enacted severalpieces of legislation to outlaw corrupt practices. Itis at this time that the first Penal Code (1938), secondPenal Code (1945) and Prevention of CorruptionOrdinance (PCO) of 1958 were introduced. However,in 1971, the PCO was repealed and replacedby the Prevention of Corruption Act (PCA), whoseamendment in 1974 led to the establishment ofthe Anti-Corruption Squad (ACS) in 1975. The PCAwas further amended in 1991 and the ACS had itsname changed to the Prevention of Corruption Bureau(PCB). 3 The Prevention of Corruption Act wasrepealed and replaced by the Prevention and Combatingof Corruption Act or PCCA. 4Key anti-corruption institutions in Tanzania includethe Prevention and Combating of CorruptionBureau or PCCB; the Director of Public Prosecutions(DPP); and the Commission for Human Rights andGood Governance (CHRAGG), the latter being Tanzania’snational focal point for the promotion andprotection of human rights and good governance.CHRAGG was established in fulfilment of the 13thAmendment to the country’s Constitution (1997).Other institutions include the Ethics Secretariat,under the Public Leadership Code of Ethics Act, Cap398 (1997); the Public Ethics Commission; the NationalAudit Office (NAO); the Public ProcurementAppeals Authority (PPAA); the Good GovernanceCoordination Unit (GGCU); and the Financial IntelligenceUnit, established within the Ministry ofFinance.Despite having this legislation and these oversightinstitutions in place, corruption in Tanzaniacontinues to flourish.1 cpi.transparency.org/cpi2011/results2 www.pccb.go.tz/index.php/10-investigation/takwimu/12-casestatistics3 Its name was changed to the PCCB under the PCCA.4 www.pccb.go.tz/index.php/about-pccb/historical-background210 / Global Information Society Watch

Tracking and reporting corruption onlineInformation and communications technology (ICT)tools can be used in the fight against corruption,including for prevention, detection, analysis, andcorrective action. 5 The internet, for example, canplay a vital role in improving transparency, accountabilityand participation. The increasing number ofinternet users in Tanzania can further spur this newdevelopment in the fight against corruption. Internetusage in Tanzania is estimated at 5.9 millionusers with a 11.5% penetration rate of the population.6 The fight against corruption has been takenonline in the view of not only providing citizenswith readily available information about corruptiontrends in the country but also to expose the government’sweakness in fighting the vice.One such effort is the Tanzania Anti-CorruptionTracker System (CTS) that was developed to keepa track record of publicly available information onpresumed or confirmed cases of corruption in orderto increase accountability and responsivenessin the fight against corruption in the country. 7 Theweb-based platform is hosted and managed byAgenda Participation 2000, a Tanzanian NGO workingto promote a culture of good governance anddemocracy. It is a unique civil society-led initiativein the fight against corruption. Since its launchin May 2009, the system has been a vital tool forreferences on corruption issues in Tanzania. It isreported that on average the CTS receives 15 visitsevery minute, a statistic that key governmentwebsites responsible for curbing corruption do notreach. 8 Further, some of the stories published onthe website have apparently been acted upon bygovernment. This can be attributed to the fact thatthe system works collaboratively and in liaison withmajor agencies, institutions and groups involved inthe fight against corruption in Tanzania – includingthe PCCB, the Ethics Commission, 9 media institutionsand leading CSOs. Verified stories receivedby the CTS are shared with an editorial team beforedissemination to various audiences in monthly bulletinsand via the website.The system reports that the Tanzanian governmenthas taken action as a result of stories5 www.spidercenter.org/sites/default/files/Increasing%20transparency%20and%20fighting%20corruption%20through%20ICT.pdf6 www.itnewsafrica.com/2012/06/country-focus-tanzanias-state-ofict7 www.corruptiontracker.or.tz/dev/index.php?option=com_content&view=article&id=13&Itemid=48&lang=en8 voices-against-corruption.ning.com/page/accountability-countslessons9 Different to the Ethics Secretariat mentioned above.published on the website. Most notable was themassive staff overhaul 10 and reshuffle at the NationalHousing Corporation (NHC) following an articleon the website, “Is NHC a den of corruption?”, 11 anda subsequent article, “It is now official – NHC is acorrupt institution”. 12In another instance, the site reports success increating awareness about the case of a Chinese-Tanzanian national whose court case had stalledfor over six years – but upon it being published twoyears ago on the CTS website it was picked up incourt again. Ms. Jinglang, a Chinese-Tanzanian national,had been falsely evicted from her flat in theMorogoro Store at Oysterbay by the NHC in 2006. Itis reported that the NHC used an unlicensed courtbroker, and the eviction was done in Ms. Jinglang’sabsence. It is also alleged that she ended up losingproperty worth USD 300,000. The case was pickedup in 2010 by the CTS and reported extensively,citing clear evidence of corruption and misuse ofpower by the NHC during the eviction exercise. Thesite further reports that the appearance of the storyon their platform helped trigger the shake-up at theNHC headquarters. However, the case remained unattendedto in Tanzania’s judicial system, despitetheir attempts to mediate and seek an out-of-courtsettlement from the NHC on behalf of the complainant.However, in February 2012, Jinglang wasaccorded justice when her appeal was revisited bythe Dar es Salaam High Court. She was awarded overUSD 127, 000 (TZS 200 million) in compensation. 13Although the site has registered successesthrough published stories being acted upon, it hasnot documented the challenges or obstacles it hashad to face in its quest to fight corruption.The CTS is not alone in this battle: it is joined byinitiatives such as the Chango project, which usesmusic, mobile phones and social media to campaignagainst corruption, selfishness and laziness. Theproject now maintains a blog which is constantlyupdated with their anti-corruption songs. 14 Anotherinitiative, the Ramani Tandale, allows citizens to10 www.corruptiontracker.or.tz/dev/index.php?option=com_content&view=article&id=13&Itemid=48&lang=en11 www.corruptiontracker.or.tz/dev/index.php?option=com_content&view=article&id=79%3A-corruption-in-housing-is-nhc-a-den-of-corruption&catid=18%3Acurrent-issues-&Itemid=51&lang=en12 www.corruptiontracker.or.tz/dev/index.php?option=com_content&view=article&id=92%3Ait-is-now-official-nhc-is-a-corrupt-institution&catid=18%3Acurrent-issues-&Itemid=51&lang=en13 www.corruptiontracker.or.tz/dev/index.php?option=com_content&view=article&id=243%3Aa-case-of-david-vs-goliath-as-nhc-loses-corrupt-eviction-case-&catid=18%3Acurrent-issues-&Itemid=51&lang=en14 chanjoyarushwa.blogspot.comTANZANIA / 211

eport on service delivery and tasks the governmentwith providing better services. 15 Further, CHRAGGis using ICTs to facilitate citizen reporting on corruptionand related service delivery complaintsthrough mobile phones. 16 In particular, the commissionis now using SMS to enable individuals tofile complaints, check the status of previously filedcomplaints, and receive feedback through a weband mobile platform. 17More interestingly, the Tanzanian governmenthas also taken the fight against corruption online.The Minister for the President’s Office stresses theimportance of online tracking of how governmentmoney is spent as a means of reducing corruption. 18Indeed, Tanzania is one of two East African countriesthat joined the Open Government Partnership,a global initiative that aims at promoting transparency,empowering citizens, fighting corruption andencouraging the use of new technologies to improvegovernance. An open data website has beenlaunched as one of the commitments by the Tanzaniangovernment to make information available tothe Tanzanian citizenry. 19ConclusionsIn a country where corruption is rampant and thegovernment seems to take a slow pace in implementingits legislation, citizens have chosen toexpose corruption online. The cases in Tanzania perhapsdemonstrate a paradigm shift in the mannerin which ICTs, especially the internet, can increasetransparency in government operations. The internetprovides a means through which citizens caneffectively demand accountability and transparencyfrom their leaders. The fact that the Tanzaniangovernment recognises the value of openness, aswitnessed in its decision to open up its data, is anindication of the government’s intention and thepotential role of the internet in promoting transparency.However, opening up data without properimplementation of anti-corruption legislation willnot yield the desired impact.Action stepsThe internet simply provides a medium throughwhich corruption can be fought. Activists shouldtherefore:• Demand for the proper implementation of lawsand policies that address corruption. Such lawsshould not only address the transparency ofgovernment but should also demand respectfor freedom of expression online, freedom of assembly,and access to information.• Embrace opportunities provided by social media.Social media initiatives should be adoptedto actively engage citizens in sharing informationas well as changing their attitudes towardscorruption.• Internet penetration in Tanzania is still lowand mostly enjoyed in urban areas. There istherefore a need to actively advocate for costeffectiveaccess with a widespread reach. Thismeans using technologies such as radio thatcan allow citizens to engage their leaders anddemand increased transparency. n15 tandale.ramanitanzania.org16 chragg.go.tz17 www.ict4democracy.org/about/partnerproject-briefs/tchrgg18 www.guardian.co.uk/public-leaders-network/2012/apr/18/opengovernment-tanzania-corruption19 www.opengov.go.tz212 / Global Information Society Watch

ThailandThe internet IN THAILAND: THE BATTLE FOR a TRANSPARENTAND ACCOUNTABLE MONARCHYThai Netizen NetworkThaweeporn Kummethathainetizen.orgIntroductionThailand, in theory, is a democratic country with theking as the head of state. Under the Constitution ofThailand, the monarch has ceremonial duties only,and does not have executive powers (but rather haselected representatives act on his behalf).In reality, however, Thai politics is far moremessy and complicated, partly because of interferencefrom the “invisible hands”, a popular termused by local media meaning unconstitutionalpower which cannot be examined and held accountable.This can be seen from the past 18 military coupd’états in the 80 years since the forced change fromabsolute to constitutional monarchy in 1932.Although the king has no executive powers,the monarchy has a significant role in Thailand’spublic affairs, a role which is recognised by the government.For example, hundreds of developmentprojects in rural areas across Thailand are patronisedby royals, the national day has been changedto coincide with King Bhumibol’s birthday, royalspersonally present diplomas to public universitygraduates, and, last but not least, it is law that everyonemust stand while the royal anthem is playedbefore any movie or performance.This is largely a result of the revival of the monarchy’spublic role by former prime minister FieldMarshall Sarit Thanarat, who seized power in a coupand promoted the monarchy to justify his dictatorship.With a harsh lèse majesté law and incessantone-sided positive-only publicity about the royals,the monarchy’s popularity has risen to that of highreverence.Policy and political backgroundIn his paper “Network Monarchy and LegitimacyCrises in Thailand”, 1 Duncan McCargo, a leadingacademic on Thai politics, proposed that between1973 and 2001 Thai politics is best understood interms of a political network in which the leading networkwas “centred on the palace and is here termed1 www.polis.leeds.ac.uk/assets/files/Staff/mccargo-pacificreview-2005.pdf‘network monarchy’. Network monarchy involvedactive interventions in the political process by theThai King and his proxies,” including the privy councillorsand the military. McCargo illustrated thiswith the Black May crisis in 1992, in which the kingtold the leader of the protest against the militaryprime minister and the prime minister to meet withhim after over 40 protesters were killed, instructingthem to settle down. And in 2006, the 84-year-oldking granted an audience to the coup makers justafter they had overthrown popular premier ThaksinShinawatra. Both events were televised on publicchannels and both generals escaped with impunity.However, with the lèse majesté law or Article 112 ofthe Criminal Code, under which the maximum sentenceis 15 years in jail, criticism of the roles of themonarchy and the military is silenced and the lawshields them from scrutiny and being held accountable.In effect, the Thai mainstream media practiseself-censorship on stories related to the monarchythat do not fit the official narrative.In 2006, the lawmakers appointed by the coupleaders enacted the 2007 Computer-Related CrimesAct (CCA), rushing it through the parliamentaryprocess and without public participation. The lawhas severe jail terms of up to 20 years for peoplewho post online content deemed lèse majesté (insultingto the monarchy) or a threat to nationalsecurity. It also holds intermediaries at all levels liableover content published through them, and theyface 20 years in jail for content deemed illegal.The battle to hold the monarchy accountableunder threat and suppressionAs mentioned, the Thai mainstream media have neglectedtheir duty to scrutinise the monarchy andthe military, as well as the Crown Property Bureau. 2Simultaneously, Thais are overwhelmed by a hungerfor information and an eagerness to expresstheir thoughts. The 2006 coup was the first coupthat took place at a time when the internet was accessibleby most of the Thai middle classes, withYouTube and online forums being particularly popular.With the power of the internet, Thailand willnever be the same again.2 The Crown Property Bureau (CPB) is a juristic person, establishedby law, responsible for managing the personal wealth of the Kingof Thailand. The CPB is exempt from taxes.THAILAND / 213

As the 2006 coup took place on 19 September,several video clips criticising the king and the coupwere uploaded onto YouTube. This resulted in afive-month ban of the YouTube 3 website in Thailand.There were also heated comments and discussionson online forums. Many of them were deemed lèsemajesté.The uncontrollable nature of the online spacemade the junta government draft and hastily passthe CCA. The war of censorship against onlinecontent criticising the king started during this period,and an unprecedented number of URLs wereblocked by the government. Nonetheless, Thaiswere not discouraged from criticising the networkmonarchy.One of the first influential online forums that attemptedto hold the monarchy accountable was theSame Sky web forum (or Fah Diew Gan in Thai). Thiswas created in 2006, shortly before the coup, aspart of a website for the Fah Diew Gan (“under thesame sky”) journal, a tri-monthly political academicjournal which was very critical of the establishment.Most progressives might consider the forum asthe most liberal space allowing netizens to openlycriticise the monarchy. However, royalists consideredthe forum unacceptable, and have called forthe officials to block it. The royalist right-wing siteManager Online once referred to it as “the No. 1site that insults the monarchy [among the anti-establishmentsites].” This claim, ironically, made theforum more popular, as more right-wing, conservativeroyalists joined the forum. This resulted in avibrant space of differing views debating the monarchy,but still dominated by anti-establishmentvoices.Several academics and political activists weremajor contributors to the forum. One of themwas Somsak Jeamteerasakul, a history lecturer atBangkok’s leading Thammasat University. Somsakpublished several articles and think pieces on theforum, critical of the lèse majesté law as well as themonarchy. Many of them have become “classic”pieces as they are, still today, repeatedly referredto when there are debates on these issues. Therewas also a collective attempt to examine the CrownProperty Bureau on the forum.Because of the tireless contribution of Somsakto the forum, he became the centre of a network ofactive citizens who were critical of the monarchy,and later became well known to the public and mediaas a frank and brave critic on this issue.Throughout the existence of the internet forum,it was subjected to both “official” and “unofficial”3 facthai.wordpress.com/2007/09/01/thailand-lifts-youtube-banblocking at regular intervals until the Same SkyPublishing House, owner of the forum, decided tomove to a foreign hosting service, which cost them alot more than local hosting. Because of the financialburden and legal burden, the publishing house thendecided to shut down the forum in October 2008.Some of the communities created a new forum underthe name “We Are All Human”, which still existstoday, but is less popular than the original SameSky forum.Another website which became popular duringthe coup was the Prachatai online newspaperand web forum. While the Thai mainstream mediakept silent, partly because of a fear of lèse majesté,Prachatai was one of very few media outlets thatpublished news about the anti-coup movement andarticles against the coup. Meanwhile, the Prachataiweb forum was heated with comments criticisingthe network monarchy. Some of the commentsposted at that time have almost landed Prachataimanager Chiranuch Premchaiporn in jail as an intermediaryallowing illegal comments on her website.Even though Chiranuch has not had to live her lifebehind bars, the trauma experienced because ofthe court battle made her decide to shut down theweb forum in 2010, arguing that it was too riskyto host a forum for the free expression of politicalperspectives.The Court of the First Instance sentencedChiranuch in May 2012 to eight months in jail, butsuspended the sentence for one year. The case isnow before the Appeal Court. Chiranuch is still facinganother case from a different comment alsoposted on her website.In 2011, police charged regular Prachatai columnistSurapot Taweesak, who wrote under thepen name “The Philosopher on the Fringe”, withlèse majesté after comments published on Prachatai.His comments merely proposed the revisionof the roles of the monarchy and suggested how tomake the monarchy transparent and accountable.For example, he proposed that the king declare hisassets to the parliament, that the budget given toprojects under royal patronage be reviewed by theparliament, and that the lèse majesté law be abolishedto allow the public to examine and criticisethe monarchy.A year later, another Prachatai columnist andrespected journalist, Pravit Rojanaphruk, was summonedby the police to testify in a lèse majestécomplaint against him for seven articles publishedon Prachatai. The articles that landed Pravit in troublemerely criticised the lèse majesté law and thediscourse of “fatherly love”, analysing the power ofcomparing the king to the father of the people.214 / Global Information Society Watch

As the aforementioned Same Sky forum wasshut down in 2008, some active Same Sky membersstill cling to its replacement. Many, includingthe vocal academic Somsak, have moved to socialnetworks such as Facebook.Somsak created his Facebook account 4 in 2010.As of October 2012, he had more than 23,000subscribers and more than 5,300 friends. His Facebooktimeline is very vibrant; it is filled withnews, articles, photos and video clips, shared bypeople who share his ideology. Somsak producesup to three short articles, composed of three toten paragraphs, posted on his Facebook accounteach day. Some of the articles have attracted morethan 1,000 “likes” and comments. His Facebookaccount receives approximately 2,500 hits eachday. He is arguably one of the most influential academicson Thai Facebook and the opinion leader ofliberal Thais.Somsak has long been subjected to online bullyingby the royalists, as well as offline threats. Healways presents arguments in a very careful way, sothat they are not considered lèse majesté. However,in late 2011, Somsak was charged with lèse majesténonetheless. 5 The complaint, filed by army personnel,attacked his articles 6 criticising a TV interviewgiven by Princess Chulabhorn, who technically isnot protected by Article 112. In the interview, theprincess expressed her opinion on recent politicalconflict. She expressed sorrow over the shoppingmall burnt during the 2010 crackdown on the antiestablishment“Red Shirt” supporters. “I wouldlike to reiterate that the interview given by the princess,under this legal circumstance, is not fair at all.Would any media dare to publish conflicting opinionsto her?” wrote Somsak in an article entitled“Question to the princess: How can the death of 91people and 2,000 injuries not cause more sorrowthan the burning of the city? Why do you not criticisethe [Yellow Shirt royalist] People’s Alliance forDemocracy?”. 7 The charges against him reiteratedhis concern.When it comes to the analysis of Thailand’smonarchy, because of the lèse majesté law, unsourcedor anonymous comments usually are thebest that critics can do. However, the WikiLeaks cablesfrom the US Embassy in Bangkok, released in4 www.facebook.com/somsakjeam5 www.nationmultimedia.com/home/Shock-cver-lese-majestecharge-against-Thammasat-h-30153798.htmland bit.ly/Rhn6iA6 prachatai.com/journal/2011/04/339017 From May to December 2008, the royalist People’s Alliance forDemocracy (PAD), popularly known as the “Yellow Shirts”, helddemonstrations against the Thaksin-backed government. Theprotests included months of occupation of the Government Houseand a week-long seizure of the country’s main international airport.early 2011, intrigued many Thais as they containedseveral eye-opening remarks about the monarchyfrom high-profile people in Thai politics – such asthe privy councillors and former prime minister. Thecable also helped complete the jigsaw of Thai politicalconflict that had been inexplicable before. Itshows how Thai politics is manipulated behind thescenes.The anti-establishment camp used the cables tothe full benefit of their movement – but many effortsto expose the monarchy were still subject to censorship.The complete cables including translationswere published on many underground websites,run under false identities, and usually by Thaisbased overseas. However, as before, many websitesrun by Thais who lived in Thailand still resorted toself-censorship. They censored the content thatmight be deemed lèse majesté, especially names ofroyal family members. This, sometimes, made thestory almost incomprehensible. In other cases, theyused code names when referring to royal familymembers; but this is considered risky, as there wasa lèse majesté case where a person was chargedbecause of an account of Thai politics based onfictional figures. Many of these websites were subjectedto constant official and unofficial governmentsuppression. A Thai Red Shirt was charged with lèsemajesté for selling copies of the WikiLeaks cables ata Red Shirt rally.In October 2011, a lengthy report based onthe cables called “Thailand’s Moment of Truth: ASecret History of 21st Century Siam”, written byex-senior Reuters journalist Andrew MacGregorMarshall, was released. Marshall offered a thoroughanalysis of thousands of leaked diplomaticcommunications in an article which included abackground of Thai history. His article also analysedthe royal family members. In order to publishthe story, Marshall had to leave Reuters and Thailandto avoid the draconian lèse majesté law. Hepublished his story on the zenjournalist.com website,which, unsurprisingly, has been blocked bythe Thai government.Because of the vague Thai computer crime law,which allows a broad interpretation of what is consideredthe crime of transmitting illegal data via theinternet network, simply sharing a link to Marshall’swebsite could be considered a crime. Marshall created“Thai Story” or #thaistory, as used on Twitter,as a code name for his story. The vague code nameallows Thais to publicly discuss his story with lessfear of suppression by the government and ultraroyalistinternet users.The online battle to hold the monarchy accountableafter the coup has resulted in about 120,000THAILAND / 215

URLs being blocked, 8 as claimed by the government,due to content insulting the monarchy, andabout 40 people have been charged with disseminatingonline content insulting the king.ConclusionIn the absence of the mainstream media’s rolein holding the monarchy accountable, the internethelps to facilitate discussion and scrutiny ofthe monarchy by the general public. Under legalconstraint, Thais need to exercise extreme cautionwhen expressing opinions on the issue of themonarchy.Access to information inconsistent with officialnarratives about the monarchy is suppressed bythe authorities. However, many Thai netizens stillmanage to circumvent the Thai authorities’ firewall,mainly because of the poor technology and inconsistentefforts of the authorities.• Civil society should learn to circumvent governmentcensorship by using circumventingtools such as virtual private networks (VPNs)and TOR, or simply using Google translator andGoogle cache.• The use of any law to suppress or censor criticismof the monarchy should be transparent andopen for public scrutiny.• Mainstream media should not leave it up to civilsociety to push the limits of what can be saidabout the “invisible hands” and the networkmonarchy, but should come out of the closet oftheir fear and end the practice of self-censorshipon issues relating to the monarchy.• Thai internet users should try to use real namesto lend credibility and transparency to their criticism.This will also help push the limits of whatcan be said in public. nAction steps• The Thai government should abolish Article 112(the lèse majesté law) and amend the CCA to allowcriticism of the monarchy.• Civil society should learn to protect themselvesfrom surveillance by using anonymisers such asThe Onion Router (TOR), especially when postingmessages.8 According to iLaw’s 2010 Situational Report on Control andCensorship of Online Media, through the use of laws and theimposition of Thai state policies, 57,330 URLs were blocked dueto their lèse majesté-related content. In 2011, the ICT ministerreported that around 60,000 URLs were blocked due to the samereason. thainetizen.org/docs/thailand-online-media-control-enand thainetizen.org/docs/netizen-report-2011216 / Global Information Society Watch

UgandaUsing ICTs to DEMAND BETTER SERVICE DELIVERYWOUGNETGoretti Amuriatwww.wougnet.orgIntroductionA society in which people are ignorant about governmentfunctions and systems typically breeds anenvironment in which corruption and poor servicedelivery can thrive. Information and communicationstechnologies (ICTs) can be strategically usedto improve access to public services, increasethe efficiency, transparency and accountability ofgovernment and political processes, as well as empowercitizens by enabling them to participate ingovernment decision-making processes. 1 At locallevels, pro-poor ICT-based governance and publicservice delivery strategies and applications can beapplied to enhance development and poverty reductionwithin the larger context of achieving theMillennium Development Goals (MDGs). 2The emergence of new technology, especiallythe internet and social media, has made informationavailable to multiple users instantly. The internetis reducing corruption through providing an avenuefor people to report when they pay a bribe,thereby exposing corrupt departments, loopholesused by officials to demand bribes, and situationsunder which bribes are demanded, as well as toreport on other issues of bad governance in theircommunities.This report is based on WOUGNET’s experiencein the project “ICTs for improved service delivery”,which is being conducted under the ICT for Democracyin East Africa (ICT4DemEA) initiative withsupport from the Swedish Program for ICT in DevelopingRegions (Spider).Policy and political backgroundThe decentralised system of governance in Ugandameant that resources, both financial and human,were transferred from the centre to lower administrationsso as to bring service delivery closer to thepopulation. Uganda’s decentralisation policy was1 Bestle, L. (2007) Pro-Poor Public Service Delivery with ICTs:Making local e-governance work towards achieving the MillenniumDevelopment Goals, UNDP. www.apdip.net/apdipenote/11.pdf2 Proposal submitted to Spider for the period 2011-2012, p. 3.enshrined in the country’s Constitution in 1995,and was legalised by the Local Government Act of1997. 3The Auditor General’s report of 2009 4 showsthat most districts failed to explicitly account forthe resources that were dispersed to them in theprevious three financial years. There were widespreadirregularities that indicated overwhelmingembezzlement and corruption in district administration.Although this was reported in themainstream media, 5 there was no demand for accountabilityfrom the people.Print and electronic media coverage in Ugandais still minimal and has hardly penetrated the ruralareas, where close to 80% of the people live. 6However, community radios are enabling citizens tohold their leaders accountable through reportingpoor service delivery and bad governance issues.Political will has increased transparency, but whenleaders do not have the capacity and the will tolaunch administrative reforms to end corruption,naming and shaming offers a workable alternative.Voluntary Social Accountability Committees(VSACs)A lack of civic awareness makes public monitoringof service delivery unattainable in most districts,and consequently widespread corruption and poorservice delivery remain a challenge even at the localgovernment level. 7 Information about servicedelivery and accountability is under the control ofthe district political and civil service leaders, whichbreeds an environment in which rural populationstreat the provision of services as a gift or favourfrom their leaders/governments. 8 This makes themsettle for anything, including shoddy work; theynever sanction public servants who have embezzledpublic funds but rather glorify corrupt people3 World Bank (2003) Decentralisation Policies and Practices: CaseStudy Uganda.4 Office of the Auditor General (2009) District Financial PerformanceReport 2009.5 Electronic media stations and print media houses such as NewVision and Monitor Publications.6 Synovate (2009) Survey on Penetration and Listenership ofDifferent Media Houses in Uganda.7 Uganda Anti-Corruption Network (2010) District Evaluation Report.8 Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU)(2009) Strategy Document.UGANDA / 217

in their villages. They never know, for example, howmuch money has been passed to their local leadersfor a road or school or health facility.WOUGNET – the Women of Uganda Network –is using ICTs to increase the capacity of grassrootspopulations to demand better services from theirleadership. The project targets women, through itswomen’s groups. It has instituted a type of committeecalled a Voluntary Social AccountabilityCommittee (VSAC) to assist in implementing theproject. VSACs are found at the parish level andcomprise 15 members (11 women and four men)who meet monthly to share bad governance andpoor service delivery issues in communities, thenreport to WOUGNET staff.WOUGNET has three information centres fullyconnected to the internet in Apac, Amuru and Kampala.The project beneficiaries in Apac and Amurudistricts have free access to these centres to improvetheir ICT skills. WOUGNET has set up an opensource platform, Ushahidi, where bad governance,poor service delivery and good governance issuesidentified by VSACs are uploaded to create publicawareness about the plight of the local people.VSACs are undergoing training on how to usedifferent ICTs such as computers, the internet, digitalcameras and mobile phones, and participate inradio talk shows on promoting good governance.WOUGNET is also using social media to report badgovernance (e.g. Facebook and Twitter).The challenges encountered include:• Absence of basic ICT infrastructure• High illiteracy levels• Language barriers (i.e. the dominance of theEnglish language)• Slow adaptation of ICT use and application bythe VSACs• Lack of demonstrated benefit of ICTs to addressground-level development challenges.Despite the challenges, the internet is an effectivetool that can be used to fight corruption andpromote good governance. Through VSACs, thepopulation is being made aware of the services intheir communities that they should take advantageof in order to improve their livelihoods and for povertyreduction.Internet exposes corruption in health centreBad governance and poor service delivery issuesidentified during a meeting by the VSAC fromKidilani parish, Chegere sub-county, included limitedaccess to medical services at Kidilani HealthCentre II. Antenatal and maternity services hadceased to be provided since August 2011, leadingto the deaths of newborn babies or complicationsduring childbirth. In one case a mother who wentinto labour either had to travel up to Apac Referralor Atapara hospital in Oyam district or had to havea home birth.The VSAC also reported hidden costs incurredby expectant mothers who needed to be attended towhile giving birth. The community had complainedabout the hidden costs incurred after deliveries,and the midwives were ordered to stop making thecharges or to face punishment. They were told towrite down the details of deliveries made and tosend them to the referral hospital in order to receivepayment on a monthly basis. However, on manyoccasions when this money was transferred to thedistrict referral hospital, it never got to the healthcentre. Due to a lack of motivation, these midwivesabandoned the job and some have turned to dealingwith other issues such as malaria.The health centre lacks decent staff housing andthis prompted the community to construct grassthatchedhouses. Some staff opted to commutefrom their homes which are quite far from the healthcentre. For example, a nurse who commutes fromher home in Atinglaki village, which is around eightkilometres from the health centre, often reports forduty at midday and leaves by 3:00 p.m. In the end,not all the patients are attended to.The VSAC also reported that the health centrecleaner, someone in charge of cleaning the healthunit premises, had last worked four months earlierand was still on sick leave. However, he had nodocumentation showing that he was on leave becauseof delays at the Apac district referral hospital.Since no one was assigned to step into his place,the health centre grounds had become overgrown,making it risky for patients and visitors.WOUGNET uploaded this information onto theUshahidi platform to increase awareness on whatwas happening in Kidilani parish. The VSAC membersthen followed up with their leaders at thesub-county level on matters regarding the state ofservice delivery at the health centre. Their leaderstook action by meeting with the District Health Officer,and the response was prompt. An “in-charge”(a midwife who oversees the operations of a healthcentre) and three other nurses were posted to KidilaniHealth Centre II, and the cleaner recovered andis now maintaining the health centre premises. Thenurses and the in-charge are the ones administeringmedication to the patients, unlike previouslywhen the cleaner was assigned to do that. The communityexpressed appreciation for the benefits they218 / Global Information Society Watch

are deriving from the health unit and we as WOUG-NET attribute these changes to the VSAC. 9ConclusionsCorruption creates many public sector dysfunctionsand it is ordinary citizens who bear the bruntof corruption, have direct experience of it, and sufferfrom it. For people, corruption is not abstract. Itcan be encountered in daily life and impacts on theirhealth, education, security, jobs and even survival:from a widow who cannot get her food ration cardbecause she cannot afford the bribe demanded bythe civil servant, to voters whose elected officialssiphon off or misuse funds intended to alleviatepoverty, to parents whose children die in collapsedschools during a strong earthquake while nearbybuildings remain standing. Corruption deprives thecommunity of accessing services and goods that aremeant for them.Corruption undermines good governance andthe rule of law. Good governance requires fair legalframeworks that are enforced impartially. It also requiresfull protection of human rights, particularlythose of minorities. 10 The impartial enforcement oflaws requires an independent judiciary and an impartialand incorruptible police force. However, withcorruption, officials who are arrested always bribetheir way out. For instance, it is often the small fishthat are caught while the big fish who embezzlemuch more always get off scot-free.There are several institutions that fight corruptionin this country, though they are particularlyweak and prone to being overrun by informal politics.Until recently, few studies had explored effectivemethods of combating corruption by increasing accessto information, specifically information aboutgovernment policies and practices. This points to anurgent need to put internet-based systems in placeto check corruption, enhance transparency and promoteaccess to information. 11Although the use of the internet is still in its infancy,both the creation of information and policy makingcan be made interactive using the internet. Policy researchmay benefit from feedback from users. This isbecause the internet provides a mechanism for usersto become active partners in the dissemination of informationin the policy-making process.The internet can be used effectively to sharegovernment budgets and work plans with the citizens.This will enable them to effectively monitorgovernment expenditure. Corrupt officials can alsobe exposed through the internet. We believe thatnaming and shaming will help to promote transparencyand accountability.One of the most stunning findings in recentcorruption research is the discovery of the negativerelationship between women in governmentand corruption. It is claimed that higher rates offemale participation in government are associatedwith lower levels of corruption. 12 Why doesthe participation of women in government reducegovernment corruption? Substantial literature inthe social sciences suggests that women may havehigher standards of ethical behaviour and be moreconcerned with the common good – criminologistshave developed many theories that are potentiallyrelevant. Women may be brought up to be more honestor more risk averse than men, or even feel thereis a greater probability of being caught. Thereforeincreasing women’s participation in public governancemay reduce corruption. 13Action steps• Advocate for improved access to ICT facilitiesto encourage rural people to exploit the advantagesof ICTs.• Advocate for the use of social media, especiallyunder restrictive regimes when meeting physicallyis difficult. Using social media to report andact on corruption disrupts its systems, increasescitizen participation, strengthens campaignorganisation and capacity, wins people over andweakens sources of support and control for unaccountableand corrupt power holders.• Lead internet-based anti-corruption campaigns,as the internet enables citizens to track howpublic funds are used, and makes issues international.An example of a civic campaignwith international dimensions is the “Ask YourGovernment” 14 campaign, which gathers governmentalbudget information from 84 countriesand gives citizens access to this information.9 More information concerning the project and issues related to badgovernance and corruption can be found at www.wougnet.org/ushahidi/reports, www.wougnet.org and www.kicinfo.org10 Okullo, G. (2011) Paper presented on good governance, atawareness raising workshops in Apac and Kole, December.11 Wu, W. C. (2011) Internet Technology and its Impact on Corruption,thesis presented to the Department of Political Science, Universityof California, San Diego, 28 March, p. 6.12 Sung, H. E. (2003) Fairer Sex or Fairer System? Gender andCorruption, Social Forces, 82 (2), p. 703-723. www.jstor.org/stable/359820713 Ibid.14 www.newtactics.org/en/blog/new-tactics/empowering-citizensfight-corruption#comment-5112UGANDA / 219

• Disseminate information on corruption andbring this to the attention of the authorities whocan take action/put social pressure on institutionsresponsible for handling it. For example,social media, websites and a web-based platformsuch as Ushahidi can be used for this.• Use the internet to expose corrupt individualsso as to deny them opportunities to work elsewhereand again mismanage resources.• Call upon donors to stop funding sectors wherethere is mismanagement of resources.• Team up: fighting corruption collectively with allstakeholders increases the effect of individualaction, since there is strength in numbers thatleads to change. n220 / Global Information Society Watch

United KingdomPushing for corporate accountability in the UKOpen Rights GroupJavier Ruizwww.openrightsgroup.orgIntroductionOpenCorporates is the largest open database ofcompany information in the world, covering over 40million legal entities in 50 jurisdictions. Companyinformation is required by many campaigners andpolicy makers working on issues such as lobbying,tax evasion, corruption and resource management,or simply trying to deal with the global financialcrisis. Anyone working in these areas needs to cutthrough the maze of foreign subsidiaries and crossownershipthat make up the modern networkedcorporation, and OpenCorporates is a key tool.The project was started by open data activists,as a side project to one that improved local governmenttransparency in the UK, and is now usedby a wide variety of groups, from journalists to financialinstitutions, governments to civil society.OpenCorporates has been described by EuropeanCommission Vice-President Neelie Kroes as “thekind of resource the (Digital) Single Market needs.”Open government partnershipand transparencyThe UK is a world leader in open government data,and it is currently co-chair of the Open GovernmentPartnership (OGP). 1 The UK government has presentedto the OGP a national plan of action 2 thatmostly centres around open data.The UK is also introducing a “right to data” requirementin the Freedom of Information Act. 3 Thismeans that datasets must be offered in an electronicform which is capable of reuse, 4 instead ofscanned images that require manual typing intoa computer for further processing. Every governmentdepartment has now published an open datastrategy, with mixed levels of commitment. 5 Opendata will also underpin the planned wholesale1 www.opengovpartnership.org2 www.opengovpartnership.org/countries/united-kingdom3 digitalengagement.cabinetoffice.gov.uk/blog/2011/02/15/right-todata-and-the-protection-of-freedoms-bill4 www.legislation.gov.uk/ukpga/2012/9/section/102/enacted5 www.datapolicy.org.uk/policy-referencestransformation towards Open Public Services, 6 anew mixed private-public model.This focus on data in UK policy has been criticisedby civil society organisations 7 for failing todeliver fundamental transparency, and a “comprehensivemodel of open governance” that changesthe way government works on a daily basis.One specific shortcoming is the lack of commitmentto improve corporate accountability. A report 8by Global Integrity looking at all OGP countriesfound that “private sector issues are conspicuouslyunderrepresented in country action plans.”Corruption and the UKA report 9 from Transparency International foundthat the UK does not have a serious corruptionproblem, but there is no room for complacency.Police and prison staff are among several areas ofconcern. A civil society review 10 of UK compliancewith the United Nations Convention against Corruption(UNCAC) concluded that the legal framework issound, but there are issues. Among these, severalrelate to corporations:• Revolving doors where ex-public employeesmove to work in closely related companies.• Concerns over extensive lobbying by commercialorganisations.• Lack of information on beneficial ownership 11 ofcompanies.The report recommends that the UNCAC be extendedto all UK crown dependencies and overseasterritories. This is a crucial aspect as many of theseare considered “tax havens” – which we will herecall secrecy jurisdictions. 12 A report 13 by the WorldBank looked at 150 cases of “grand corruption” involvingsome USD 56.4 billion. These involved 24UK incorporated companies – the UK was in 6th6 www.openpublicservices.cabinetoffice.gov.uk7 www.opengovernment.org.uk8 www.globalintegrity.org/blog/whats-in-OGP-action-plans9 blog.transparency.org/2012/02/24/does-the-uk-have-acorruption-problem-join-the-debate10 www.bond.org.uk/pages/uncac-parallel-report.html11 en.wikipedia.org/wiki/Beneficial_ownership12 secrecyjurisdictions.com13 www1.worldbank.org/finance/star_site/documents/Puppet%20Masters%20Report.pdfUNITED KINGDOM / 221

place in overall ranking – but 110 from the BritishVirgin Islands, Jersey and Isle of Man. 14OpenCorporatesOpenCorporates is a company with a social missionfounded in November 2010 by Chris Taggart 15 andRob Mckinnon, 16 who is no longer involved althoughhe remains a minority shareholder. OpenCorporatesis part of a very strong UK civic hacker movement,with organisations such as MySociety 17 and theOpen Knowledge Foundation, 18 which are very activeand increasingly influential. There are alsonumerous projects involving small and mediumsizedenterprises (SMEs) and open data 19 in the UK.Chris and Rob were trying to track public contractsand subsidies in local government. 20 Theystruggled to match transactions to specific companiesbecause a name in a public document often didnot match the name of any legal entity. Because ofthis they set out to build a system to uniquely identifyeach company: “The idea was to have an openlylicensed database for every legal entity in the world(when we launched we had 3.5 million, from the UK,Bermuda and Jersey).”They started using the public data feed 21 of theUK business register, Companies House. In otherplaces they had to “scrape” 22 websites, whichmeans copying and structuring the key informationto rebuild the original database behind the website.Increasingly, however, they are collaborating withgovernments that see the value of opening this kindof information, including New Zealand and Norway.OpenCorporates works to an ever greater extentinternationally, including with the international FinancialStability Board and the World Bank. Manygovernment departments now realise that they donot have the resources for such gigantic data endeavoursand increasingly turn to the communityfor help. Local groups in places like Georgia helpOpenCorporates open the data in their jurisdiction.This international dimension – OpenCorporatesnow covers 50 jurisdictions – is very important forthe project. The corporate world is increasingly globaland powerful, at times beyond the scope andreach of any individual democratic jurisdiction. Ifthe people – meaning civil society, innovative SMEs,14 Ibid., p. 121.15 twitter.com/countculture16 twitter.com/delineator17 www.mysociety.org18 www.okfn.org19 data.gov.uk/blog/open-data-case-studies20 openlylocal.com21 xmlgw.companieshouse.gov.uk/iface.shtml22 scraperwiki.comindividuals, and even governments – cannot understandthis world, they have no chance of influencingit, and not only will this be bad for democracy, it willundermine innovation, and provide a fertile groundfor criminal enterprises, which increasingly use corporatelegal entities in their illegal activities.The dataThe OpenCorporates database is licensed underthe Open Database License (ODbL). 23 This requiresusers to name OpenCorporates as the source, andit also means that any derivatives have to also beopenly available under similar conditions. The databaseonly covers the structuring of the informationand unique identifiers, but any related informationremains the copyright of the provider. This in mostcases will be a governmental agency such as the nationalbusiness register. In the UK this is CompaniesHouse.Companies House currently provides a free bulkdownload of basic company information – registrationnumber and address – but sells other expensivebulk data products. For example, keeping up to datewith company appointments costs £28,000 peryear, and the annual accounts £17,000. 24 In addition,it is now starting to collect information aboutcompany financials as data, avoiding the difficultiesand costs of extracting it from scanned images. Butthese new datasets will not be published until 2015,and then probably not for free and under an openlicence.There is still a lot of basic data missing, and notjust from secrecy jurisdictions. OpenCorporates haspublished a study 25 showing the shortcomings onaccess to company data in countries that are membersof the OGP, with an average score of a paltry 21out of 100.OpenCorporates is part of an effort to reducesystemic risks in financial markets created whendealing with the same organisations under differentguises. The international Financial Stability Board 26and the G20 are working towards “a global Legal EntityIdentifier (LEI) system that will uniquely identifyparties to financial transactions.” OpenCorporatessits on the advisory panel.OpenCorporates is also moving in the directionof other open databases, such as OpenStreetMap, 27that are increasingly comprehensive and widelyused as backends to other projects. For example,23 opendatacommons.org/licenses/odbl24 www.companieshouse.gov.uk/toolsToHelp/ourPrices.shtml25 blog.opencorporates.com/2012/04/16/how-open-is-companydata-in-open-government-partnership-countries26 www.financialstabilityboard.org/publications/r_120608.pdf27 www.openstreetmap.org222 / Global Information Society Watch

OpenSpending 28 is a project for budgetary controlthat provides tools to track public transactions andrelies on OpenCorporates.Beneficial ownershipThe capacity to identify specific companies andtheir relationships is critical not just for journalists,campaigners and NGOs. Tax offices and peopleworking in international financial governance alsostruggle with these issues. Tax Research found 29that in its corporate reporting, BP suggested that ithad more than 3,000 subsidiary companies aroundthe world. UK companies are required to publishall relevant information about their subsidiariesbut only 33 of the FTSE 100 do it. Tax Research alsofound that 97% of EU companies in their samplehad subsidiaries in secrecy jurisdictions. Only 10%of these so-called “tax havens” have public accountinginformation.The ultimate aim for many, however, is to knowwho the real people pulling the strings behind thecompanies are. This is called beneficial ownership,and it is different from legal ownership. Manycompanies are part of a web of entities that legallybelong to frontmen who have no real control andwho are paid to shield the real owners.This is such a serious obstacle to corporate accountabilitythat organisations representing over1,000 civil society groups have recently called on theEU to force companies to reveal their true ownership. 30Accountability in mixed deliveryof public servicesThe UK government plans to open public servicedelivery to “any qualified provider” –whether public,commercial or non-profit – risk reducing publicaccountability. The Public Accounts Committee ofthe UK Parliament has recently raised concerns: “Iftransparency is to be meaningful and comprehensive,private organisations providing public servicesunder contract must make available all relevantpublic information.” 31The most basic information would be their corporatestructure. Corporate Watch UK has foundthat five of the major private health care companiestaking on public roles with the National HealthService make widespread use of tax havens. 32Money launderingThe report Grave Secrecy 33 reveals evidence thatnumerous UK companies have been involved in amajor money laundering scandal involving a Kyrgyzstanbank. Civil groups demand urgent actionto address the current ease with which the UK andother major economies are used to launder the proceedsof corruption, tax evasion and other crimes.The tax gapThe crisis has opened the debate in the UK aboutthe ethics of finding legal ways to pay lower taxes,with a famous comedian and members of the popband Take That being publicly criticised. 34Official figures put the tax gap, which includeslegal tax avoidance and illegal tax evasion, at £35billion in 2010. Tax Research, however, calculatesthat the tax gap in the UK could be £120 billion. 35This is almost the total amount of the nationaldeficit.Corporate reportingIn order to close tax gaps and increase corporate accountability,Tax Research proposes that companiesshould present their accounts in a format calledcountry-by-country reporting. 36 All it demands isthat multinational corporations publish a profitand loss account and limited balance sheet andcash flow information for almost every jurisdictionin which they trade as part of their annual financialstatements.This principle has been advocated in particularin the extractive industries sector, after pressurefrom the global NGO coalition Publish What YouPay. 37 But it would equally apply to any internationalbusiness.Campaigning groups are increasingly looking atthe structure and financial arrangements of companies.Kumi Naidoo, the head of Greenpeace, recentlyhighlighted the need for corporate transparency.The environmental group will now be focusing onthe financial enablers behind brand names, 38 includingpension funds.28 openspending.org29 www.taxresearch.org.uk/Blog/2007/02/05/closing-thefloodgates-new-tax-justice-network-report30 www.globalwitness.org/library/organisations-representing-over-1000-civil-society-groups-call-eu-force-companies-reveal31 www.publications.parliament.uk/pa/cm201213/cmselect/cmpubacc/102/10204.htm32 www.corporatewatch.org/?lid=425133 www.globalwitness.org/library/grave-secrecy34 www.independent.co.uk/news/uk/home-news/take-that-ontaxmans-hit-list-after-jimmy-carr-tweets-im-so-sorry-7873606.html35 www.taxresearch.org.uk/Blog/category/tax-gap/36 www.financialtaskforce.org/issues/country-by-country-reporting37 www.publishwhatyoupay.org38 www.guardian.co.uk/sustainable-business/rio-20-greenpeacewar-finance-sector?newsfeed=trueUNITED KINGDOM / 223

ConclusionsAs we have seen, corporate accountability is criticalfor society. Business registers and regulators carryout statutory collection of data, but for this datato be socially useful it needs to be open. Chargingmeans that only businesses with deep pockets canscrutinise what other businesses are doing. Besidesincreasing access to existing information, there isalso a need for new statutory obligations on companies,in particular around beneficial ownership andcountry-by-country reporting.At present, transparency, access to informationand open data are still perceived as belonging tothe specialists in these fields. One of the aims ofthis report is to show that openness is important formany groups that may not see it as a core activityor concern.The OGP presents an opportunity for these issuesto be advanced and mainstreamed to a widerconstituency. The OGP will have its next internationalmeeting in London in 2013 and OpenCorporates isheavily involved in the UK civil society coalition thatis engaging with government.Civil society and campaigning organisationsare increasing their proficiency in data handlingto be able to understand and influence this information-saturatedenvironment. Projects such asOpenCorporates and OpenStreetMap provide theunderlying data needed to map and structure newresearch or insights. These groups are part of anever more important web of open data. However,organisations wishing to make use of contemporarydigital technologies to the full will need toacquire capacity to deal with increasing amountsof data. This could mean hiring or training new staffand obtaining specialist software, but it could alsomean working in partnership with groups such asthe Open Knowledge Foundation that can providesuch expertise.Action stepsCivil society organisations could do the following:• If their country is not in the OGP, contact theinternational civil society steering group for furtherinformation. 39• If your country is a member of the OGP, campaignfor corporate accountability to be included inyour country’s plan of action. The following arethe main asks: Open data access to the national businessregister Beneficial ownership information to bepublished Country-by-country reporting by corporations.• Contact OpenCorporates to see if they needhelp with access to your national business database.You could offer translation or local legalexpertise.• Build capacity for data handling. Good startingpoints are the Open Data Handbook 40 and theData Journalism Handbook, 41 which can be usefulto many types of users, not just journalists.There is also a very interesting new project indevelopment called the School of Data. 42• If you have a specific technological need whenit comes to data handling, you can source somefunds and get some socially conscious programmersto help. You should not see this as purefree labour, as developers need to eat and paytheir bills. The organisation Rewired State 43 hasdeveloped a very successful model of multistakeholdercollaboration that will be very usefulfor those groups working with government. n39 www.opengovpartnership.org/civil-society40 opendatahandbook.org41 datajournalismhandbook.org42 schoolofdata.org43 rewiredstate.org224 / Global Information Society Watch

United statesTransparency in Obama’s FIRST TERM:FROM PROMISE to FAILUREElectronic Frontier FoundationTrevor Timmwww.eff.orgGovernment transparency activists were heartenedin January 2009 when President Barack Obama,on his first day in office, promised to overhaulthe bloated and broken secrecy system that hadengulfed the United States’ sprawling national securityapparatus and virtually all aspects of foreignpolicy for more than a decade – what the WashingtonPost has called 1 “Top Secret America”.The process by which Obama’s White Housewould become “the most transparent administrationin history”, as he put it, would be multipronged:he wrote a memo promising to streamline 2 the Freedomof Information Act (FOIA) system, where FOIArequests would be answered expediently and thegovernment would “adopt a presumption in favor”of requests. Attorney General Eric Holder followedthis pronouncement up with a longer memo to allgovernment agencies 3 in March of 2009, whichmandated all agencies to comply with the overhaulpost-haste and implement Obama’s stated reforms.President Obama then wrote guidelines on theclassification 4 system, saying he would push fora host of reforms to reduce government secrets,perhaps even restoring the policy of “presumptionagainst classification”. In addition, as a presidentialcandidate Obama had previously promised 5 tostop using the “state secrets” privilege to shield thegovernment from accountability in court and protectgovernment whistleblowers 6 if they revealed acts ofwrongdoing to the press.Unfortunately, in the months and years thatfollowed, the Obama administration has taken thecomplete opposite route, not only refusing to implementthe reforms promised by the president duringhis first days in office, but increasing governmentsecrecy through the courts.1 projects.washingtonpost.com/top-secret-america2 www.whitehouse.gov/the_press_office/Freedom_of_Information_Act3 www.justice.gov/opa/pr/2009/March/09-ag-253.html4 www.whitehouse.gov/the-press-office/presidential-memorandumclassified-information-and-controlled-unclassified-informat5 www.salon.com/2009/02/10/obama_886 abcnews.go.com/Blotter/story?id=8241580&page=1Freedom of Information ActAlmost immediately, it emerged that Obama’spolicies would not live up to his promises. Whena federal court ruled the government must releasephotos of torture at Abu Ghraib, the administrationpushed Congress 7 to pass a law adding anotherexception to FOIA to keep the photos secret. In anothercase testing the administration’s commitmentto transparency, Obama’s Justice Department continueda George W. Bush policy of arguing in courtthat White House visitor logs were not subject toFOIA, after previously saying they were.A year into Obama’s term, the Associated Pressfound that the administration was receiving lessFOIA requests than Bush did in his final year, yet usingmore FOIA exemptions. Around the same timethe National Security Archive found 8 “less than onethirdof the 90 federal agencies that process suchFOIA requests have made significant changes intheir procedures.”Two years in, improvements were scant. In 2011,Citizens for Responsibility and Ethics in Washington(CREW) found the administration 9 was stillwithholding information, using nine of the mostcommon exemptions, at a 33% higher rate thanBush’s last full year in office – and the backlog ofFOIA requests 10 continued to grow. Only 49 of the90 11 federal agencies had followed any “specifictasks mandated by the White House to improvetheir FOIA performance.”While some in charge were intent on providingpaths to transparency, the bureaucratic system itselfseemed too massive to fix. Beth Noveck, Obama’sfirst deputy technology officer who was in charge ofimplementing the open government initiative, saidjournalists should just skip 12 the “burdensome andegregious” process altogether, and email the opengovernment advocate at the desired agency for betterresults.7 www.politico.com/blogs/joshgerstein/1011/Obama_administration_appeals_ruling_on_White_House_visitor_logs.html8 articles.latimes.com/2010/mar/21/nation/la-na-ticket21-2010mar219 www.federaltimes.com/article/20111215/AGENCY04/11215030210 www.gwu.edu/%7Ensarchiv/NSAEBB/NSAEBB349/index.htm11 www.gwu.edu/%7Ensarchiv/NSAEBB/NSAEBB338/index.htm12 www.nextgov.com/technology-news/2010/11/bypass-foia-andseek-data-from-agencies-says-obama-official/47969UNITED STATES / 225

The reviews from transparency advocates, by2012, had become scathing. “Obama is the sixthadministration that’s been in office since I’ve beendoing Freedom of Information Act work. (…) It’s kindof shocking to me to say this, but of the six, this administrationis the worst on FOIA issues. The worst.There’s just no question about it,” Katherine Meyer,a Washington lawyer who had been filing FOIA casessince 1978, told Politico. 13While many agencies attempted to redesigntheir websites, and FOIA.gov was revamped to bettertrack requests, there was barely an agency thathad not received major complaints. The CIA, theState Department, 14 and the Department of HomelandSecurity 15 have frustrated reporters lookingfor even basic information. Even agencies dealingwith health and scientific issues like the EPA andNASA 16 have not complied as promised. In a classiccase, the Transportation Security Administration(TSA), which was put in charge of airport securityafter 9/11, recently returned a FOIA request 17 to ProPublica four years after it was filed, along with anapology.The worst transgressor has been the JusticeDepartment (DOJ), which has been the defendantin 30% of FOIA lawsuits 18 during Obama’s term,despite only receiving 10% of the requests. The NationalSecurity Archives, a non-profit civil societygroup, gave the Justice Department its “RosemaryAward” 19 – named after Richard Nixon’s secretarywho deleted the infamous eight and a half minutesmissing from the Watergate tapes – for worstgovernment performance. Among its transgressions:arguing before the Supreme Court againsta presumption of openness and a narrowing of the“deliberative process” exemption to FOIA – the exemptionObama specifically mentioned in his initialmemo as being out of control – and proposing thatthe Justice Department’s FOIA rules should changeso that they could tell journalists they do not havedocuments, when they do. Thankfully, after a publicuproar – the Los Angeles Times called 20 it “a licenseto lie” – it was not implemented.ClassificationThe main reason the FOIA system has not functionedproperly in recent years is the overwhelmingsecrecy practiced by the US government. Simplyput, classification is rampant and out of control. Thegovernment classified a whopping 77 million documents21 in 2010, a 40% increase on the year before.For comparison, the government classified six millionin 1991, when Senator Daniel Moynihan led aCongressional commission that found that overclassificationwas already an epidemic.Some in government are trying to alleviatethe problem. The National Archives has struggledmightily to reach its declassification goals by 2013but is dealing with a backlog of over 400 milliondocuments, 22 some dating back to World War I. TheNational Archives, underfunded and understaffed,has virtually no chance it will reach its goal. Unfortunately,in the face of this secrecy problem, thegovernment has just gotten more secretive. Insteadof spending money to declassify, in 2011, the governmentincreased its budget for secrecy 23 by USD1.2 billion dollars. All told the government spendsUSD 11.36 billion dollars to keep things classified,more than doubling spending on keeping governmentsecrets since 9/11. 24We know the classification system has no rhymeor reason to it. Besides the embarrassing, corrupt orcriminal information that is shielded, examples cropup that border on the farcical. For example, when aredacted and unredacted version of a book are putside to side, we see the government censoring mundaneinformation that had been public for years. 25 Orwhen the government was shown to have classifiedan analogy 26 to the Wizard of Oz in a court decisionabout Guantanamo. Or when the National SecurityAgency (NSA) declassified a 200-year-old report 27as proof of its “commitment to meeting the requirements”of President Obama’s transparency agenda.This is why when the American Civil Liberties Union(ACLU), a non-profit organization committed toincreasing government transparency, compared redactedState Department cables to the WikiLeaks13 www.politico.com/news/stories/0312/73606.html14 www.iwatchnews.org/2011/07/06/5123/state-department-foiarequests-unanswered-four-long-years-later15 www.politico.com/news/stories/0311/52033.html16 www.cjr.org/feature/transparency_watch_a_closed_door.php?page=all&print=true17 www.propublica.org/article/tsa-reveals-passenger-complaintsfour-years-later18 foiaproject.org/2012/05/24/new-data-confirm-dojs-subpar-foiaperformance19 www.gwu.edu/~nsarchiv/news/20120214/index.htm20 articles.latimes.com/2011/oct/31/opinion/la-ed-secrets-2011103121 www.nytimes.com/2011/08/25/opinion/why-is-that-a-secret.html?_r=122 www.washingtonpost.com/national/national-security/nationalarchives-needs-to-declassify-a-backlog-of-nearly-400-millionpages/2011/11/29/gIQAMAYmPO_story.html23 www.fas.org/blog/secrecy24 www.nytimes.com/2012/07/03/us/politics/cost-to-protect-ussecrets-doubles-in-decade-to-11-billion.html25 www.fas.org/blog/secrecy/2010/09/behind_the_censor.html26 www.emptywheel.net/2012/04/30/janice-rogers-brown-singsfollow-the-yellow-brick-road-as-she-guts-habeas27 www.fas.org/blog/secrecy/2011/06/nsa_200_years.html226 / Global Information Society Watch

versions, 28 they said it showed “the absurdity of thesecrecy system.”But no anecdote sums up the whole situationbetter than William Leonard, who was the former directorof the Information Security Oversight Office 29under President Bush. Known as the classificationczar, Leonard once had control of the nation’s classificationsystem and became so incensed with how itworked after he left office, he sued the NSA to havethem declassify documents he said were classifiedin violation of national policy. He was recently rebuffedby a court, after fighting for over a year. Theytold him to go file 30 a Freedom of Information Actrequest – which he had done over a year prior.Leakers and state secretsThe most visible stain on Obama’s transparencyrecord has been its prosecution of whistleblowersor leakers to the press under the Espionage Act.And all told, there are six people who were chargedor are currently facing charges under the EspionageAct, all of whom were allegedly talking to the pressin the interest of the public good. That is double thenumber of leak prosecutions carried out by all otheradministrations combined.When a government increases classification tothe absurd, ignores or impedes legitimate Freedomof Information Act requests, and uses secrecy as ashield from liability in court, often the only way forinformation to get out is through leaks.But Obama’s unprecedented prosecutionshave had a chilling effect on transparency and thepublic’s right to know, especially in a time whereeverything is secret and the government fightstooth and nail in court to keep in that way. The NewYork Times reported that the latest round of FBIleak investigations was “casting a distinct chill overpress coverage of national security issues” and that“some government officials (…) say Americans arelearning less about their government’s actions.” 31Unfortunately, technology has turned into a toolfor the government to crack down on leakers. Theproliferation of online and electronic communicationthat makes it easier for journalists to connectwith government officials has also made it easier forthe government to criminalize those relationships.As The New York Times explained 32 in “A HighTech War on Leaks”, in the past, physical communicationswere harder to intercept. In addition, if thegovernment wanted to go after a source, it oftenhad to subpoena a reporter for his or her sources,which often results in costly legal fights, as in mostfederal courts reporters have a privilege allowingthem not to testify.Now emails leave an electronic paper trail, andonline communications generally have weaker FourthAmendment protections than physical letters orphone calls. The government claims it does not need awarrant for “metadata” – the people you talk to, whenyou talk to them, and how frequently – and they canpaint a startling picture of one’s life. As an unnamedofficial remarked after saying 33 the government nolonger needed to subpoena reporters to testify, “Wedon’t need to ask who you’re talking to. We know.”The cases of Thomas Drake and John Kirakouare particularly disconcerting. Thomas Drake wasan NSA official who blew the whistle 34 on the NSA’swarrantless wiretapping program. He only went tothe press after bringing his complaints to superiors,the Inspector General, and Congress. He wasdescribed as “exactly the type of whistleblowerObama promised to protect,” yet was charged underthe Espionage Act and faced years in prison. Inthe end, his case fell apart 35 after public outcry andhe would serve no jail time.A similar situation is now occurring in the caseof former CIA analyst John Kirakou. In 2007, duringan interview with ABC News, he became the first official36 to describe waterboarding as “torture” andallegedly named two of the CIA officers involved.Now he finds himself facing years in prison underthe Espionage Act.Unfortunately, the perpetrators of Bush-eracrimes, some of which Drake and Kirakou exposed,face no such worry. The Obama administrationsteadfastly refused to bring criminal charges forwarrantless wiretapping and torture, and perhapsworse, has been using secrecy as a shield to preventany civil accountability for both.28 www.aclu.org/wikileaks-diplomatic-cables-foia-documents29 www.archives.gov/isoo/about/index.html30 www.fas.org/blog/secrecy/2012/07/nsa_leonard_foia.html31 www.nytimes.com/2012/08/02/us/nationalsecurity-leaks-lead-to-fbi-hunt-and-news-chill.html?_r=1&nl=todaysheadlines&emc=edit_th_20120802&pagewanted=all32 www.nytimes.com/2012/02/12/sunday-review/a-high-tech-waron-leaks.html?pagewanted=all33 www.nytimes.com/2012/02/12/sunday-review/a-high-tech-waron-leaks.html?pagewanted=all34 www.thenation.com/article/161376/government-case-againstwhistleblower-thomas-drake-collapses35 www.thenation.com/article/161376/government-case-againstwhistleblower-thomas-drake-collapses36 www.huffingtonpost.com/2012/07/03/squelching-secrets-whyis_n_1628547.htmlUNITED STATES / 227

In a myriad of lawsuits filed by the ACLU, 37 theCenter for Constitutional Rights 38 and the ElectronicFrontier Foundation 39 (for whom I work), the administrationhas invoked the “state secrets” privilege,a controversial legal maneuver with which the governmentclaims that even if all the allegations aretrue, lawsuits still should be dismissed entirelybecause they could harm national security. Evenworse, these lawsuits are based on hundreds ofpages of already public evidence and the plaintiffsare not demanding the government turn over anyclassified information.The Obama administration also continued theBush practice of invoking the “state secrets” privilegein court over torture lawsuits as well. AfterBush had two lawsuits by innocent people allegingto be tortured dismissed via “state secrets”, Obamainvoked the privilege 40 in a third case known as Mohamedv. Jeppesen. Despite hundreds of documentsin the public record – some of which were governmentinvestigations by allies – the administrationsuccessfully avoided having the case litigated bythrowing up a wall of secrecy.To this date, no government official has beenheld accountable for warrantless wiretapping ortorture.WikiLeaksWhile his policy on whistleblowers and state secretshas been a dark mark on his presidency,another argument Obama’s Justice Department iscontemplating has the potential to forever alterpress freedom and transparency in the US. Whilethe government has punished leakers in its ranks,the publishing of such information once it is in thehands of private citizens and the press has traditionallybeen an activity protected by the FirstAmendment. For that reason, the government’spotential prosecution of media organizationWikiLeaks is the most dangerous policy choicetowards secrecy the Obama administration hasundertaken.WikiLeaks, which has published hundreds ofthousands of leaked classified documents from theAfghanistan and Iraq wars, along with US State Departmentcables, is under grand jury investigation forconspiracy to commit espionage. And while the governmentmay see WikiLeaks as wholly different froma mainstream media organization, the law does not.If WikiLeaks is convicted under the theory the governmenthas presented to the press – WikiLeaks talked toa source who gave it classified documents to publish– then no media organization would be safe.The next time The New York Times has a storythat is of vital public interest, but also happens tobe stamped “Top Secret” – like its 2005 investigationinto warrantless wiretapping or the WashingtonPost’s 2005 story on CIA torture prisons – the governmentcould prosecute the newspaper under thesame theory. Just the threat could keep newspapersfrom publishing a story, which, in earlier times, mayhave won the Pulitzer Prize.With classification out of control and the Freedomof Information Act process slowing to a halt,leaks and the publication of so-called “secrets”can sometimes be the public’s only chance to knowwhat its government is up to. Now that both theleakers and the publishers face legal threats, theconsequences could be devastating.Action steps• Call Congress and implore them not to implementany more anti-leak measures throughlegislation, as they are currently contemplating.• Demand that President Obama implement theoriginal promises he made in 2009 on reformingthe classification and FOIA systems.• Encourage constituents to ask candidates foroffice in the November 2012 elections abouttheir views on transparency. With a court systemtilting towards secrecy, accountability towardsoffice holders provides the most effective optionin stemming the tide of secrecy. n37 www.aclu.org/national-security/amnesty-et-al-v-clapper38 ccrjustice.org/newsroom/press-releases/ccr-appeals-warrantlesswiretapping-ruling39 www.eff.org/cases/jewel40 www.aclu.org/national-security/mohamed-et-al-v-jeppesendataplan-inc228 / Global Information Society Watch

UruguayICTs AND TRANSPARENCY IN POLITICAL DECISION MAKINGObservaTICAlexander Castleton and Maria Julia Moraleswww.observatic.edu.uyIntroductionUruguay is immersed in the process of digitising itsmedia. The so-called “analogue blackout” is expectedto take place in 2015. In this context, at the beginningof 2010 a Law on Audiovisual Communication Services(with the Spanish acronym of LSCA) was developed.Among other things, the law aimed to change theprocess by which frequencies are allocated.The last decades have left a legacy of politicalpractices that have ignored how broadcast frequencieswere allocated, a situation that promoted politicalfavouritism and consequently undermined the transparencyof the process. Until the Decree on TerrestrialDigital Television 585/2012 was approved in May 2012,the legal framework was the same as the one in placeunder the country’s dictatorship (1973-1985).In this report we present and analyse the publicconsultations that took place before the developmentof the LSCA and the approval of the Decreeon Terrestrial Digital Television, which were bothcarried out in a new way: using the internet. Thisentailed a new approach to citizen participation ina process of political decision making that fosterstransparency, democratisation and accountability.Policy and political backgroundSince leftist governments have come to power inUruguay, a shift in public policy has taken place.For instance, government offices were created toimprove social inclusion in the information society.On 19 December 2005, Law 17.930, Article 72called for the establishment of the Agency for theDevelopment of Electronic Government and theInformation and Knowledge Society (AGESIC).The institution’s structure and plan of action weregeared to the improvement of public services usingICTs. Its principal lines of action are related tothe creation and implementation of laws and thecreation of a guide of good practices for the state’se‐government strategy. 11 Asociación por los Derechos Civiles and Open Society Institute (2008)El precio del silencio: Abuso de publicidad oficial y otras formas decensura en América Latina; Lanza, E. and Gómez, G. (2009) Libertad deexpresión y publicidad oficial, Grupo Medios y Sociedad, Montevideo.To this end, Law 18.381, dealing with the rightto access public information, was promulgatedon 17 October 2008. This law aims to promote thetransparency of the administrative functions ofgovernment entities and to guarantee the right topublic information. It gives the right to any personto seek information without the need to providereasons. For this purpose the Agency for Access toPublic Information was created.Using the internet for public participationThe allocation and control of the frequencies to beawarded are issues to take into serious considerationgiven the potential of this to impact on humanrights generally.Because of this, 2010 saw the start of an openpublic consultation on the LSCA. The National TelecommunicationsOffice (DINATEL) was in charge ofhandling the issue, and it decided to form a ConsultativeTechnical Council (CTC) which includeddifferent actors from civil society, the private sectorand universities, among others. 2At the same time it used the internet to starta public debate, while also calling for input intothe legislation. The proposals offered by citizensthrough this process fed into the CTC deliberations.The discussion phase for the CTC members was organisedinto weekly sessions during the second halfof 2010. Once this was completed, the CTC produceda report which described what it thought should beincluded in the LSCA. After its task was completed,the CTC was dissolved.The report drafted by the CTC reached the authoritiesand an 18-month stalemate followed,during which it was uncertain if the LSCA would becreated. In the end, the LSCA never came to pass.In a second phase, the Office of the Presidentdeveloped a draft of the Decree on Terrestrial DigitalTelevision which was made public through theMinistry of Industry, Energy and Mining’s website sothat citizens might discuss it openly.What was the result of these initiatives? Howwere they appropriated by the public?These questions arise in a political context wheree‐government and, consequently, e‐governance isbeing pursued (for instance, with the creation of2 Radakovich, R. et al. (2012) Mapping Digital Media: Informe deUruguay, Universidad de la República, Montevideo.URUGUAY / 229

AGESIC as the main agency towards this end). Literatureon the subject often states that e‐governmentincreases trust in government, and makes politicsmore generally accessible and decisions more accountable.It is important to point out that Uruguayhas been ranked among the most transparent andleast corrupt countries in the Americas, 3 making ita suitable environment for generating the kind oftransparency that e‐government implies. 4 In thisregard there have been several concrete attemptsto deepen e‐government in Uruguay, includingthe transmission of parliamentary sessions onthe internet with the idea of making the activitiesof legislators more accountable, transparent anddemocratic.The public consultations that took placethrough the two websites – the first one via the CTCand the second through the Ministry of Industry,Energy and Mining – are hallmarks of the processof developing e‐governance. In particular, they entailparticipation, allowing citizens to become moreknowledgeable, promoting interaction and makingpolitical practice more transparent. 5 All these factorsundermine opportunities for corruption as thepublic has access to the process of developing legislation.Public access to events allows individualsto serve as watchmen. 6Contemporary sociological theory states thatICTs increase the opportunities for surveillance, asdescribed by sociologist David Lyon. 7 In the eventsdiscussed, the internet opened the development ofthe LSCA up to public scrutiny and created properweapons for people to fight corruption, denounce itwhen it takes place, and prevent it. It also increasesinstitutional-based trust, understood as the transparencyproduced by sharing information online. 8It enacts what Ndou 9 argues to be a good way forcitizens to participate in making decisions, proposeideas through public forums and communities, andbring their knowledge into the public realm. All in3 cpi.transparency.org/cpi2011/results4 Sour-Vargas, L. (2007) Evaluando al gobierno electrónico: avancesen la transparencia de las finanzas públicas estatales, Economía,Sociedad y Territorio, VI (23), p. 613-654.5 Tolbert, C. and Mossberger, K. (2006) The Effects of E-Governmenton Trust and Confidence in Government, Public AdministrationReview, May/June.6 Bertot et al. (2010) Using ICTs to create a culture of transparency:E-government and social media as openness and anti-corruptiontools for societies, Government Information Quarterly, 27(3).7 Lyon, D. (2007) Surveillance, Power and Everyday Life: A chapterof the Oxford Handbook for Information and CommunicationTechnologies. www.sscqueens.org/sites/default/files/oxford_handbook.pdf8 Tolbert, C. and Mossberger, K. (2006) op.cit.9 Ndou, V. (2004) E-government for Developing Countries:Opportunities and Changes, Department of BusinessAdministration, University of Shkoder, Albania.all, the relationship between government and thepeople is enhanced.The opportunity for the transparent allocation offrequencies, with the internet as a tool in the process,has the political support of those who promotepublic discussion on the matter. Both instancesinvolving citizens in the drafting of laws are clear examplesof a new form of participation and thereforeof empowerment. There is a shift in focus as peoplechange their role of being mere mediated listenersof resolutions to influencing decisions.However, another possible consequence ofthese sorts of processes to bear in mind is that,as Lenihan 10 argues, the democratisation broughtabout by ICTs has the possibility of “over-empowering”sections of the public; a situation that seeslarge groups or communities on the web overshadowingother groups or elected representativesthemselves.According to engineering expert Carlos Petrella,the internet as a tool in itself does not promote intelligentuse of the tool, and as Professor Ana LauraRivoir from Universidad de la República states, theappropriation of ICTs by the citizenry is needed toreally harness the opportunities they offer. 11 Thesechanges correspond to cultural processes andtherefore are not merely technological considerations.As has been argued, intermediaries might beneeded to analyse the information presented to citizens.This could be true as the participation in thepublic consultations discussed was not as extensiveas desired for such an important matter. Onlygroups concerned with the media participated. Othergroups from civil society seemed unable to seethe internet as an important tool to be included inthe media agenda.ConclusionsThis discussion on the development of the LSCA intendsto show a new approach to political practice.We see that the tools offered by ICTs are starting tobe considered relevant in relation to political participation;but, most importantly, they reveal theirpotential as weapons to fight corruption and tomake political decision making more transparent.The legislative framework for the process offrequency allocation is developed in an open spacewhere citizens are invited to participate. They havethe possibility of watching the whole process and oftracing the decisions that are made.10 Lenihan, D. (2002) E-Government, Federalism and Democracy:The New Governance, Centre for Collaborative Government.11 Ayala, A. (ed.) (2011) Políticas de uso de herramientas web 2.0en la administración pública de América Latina: Informe deInvestigación, CIESPAL, Quito.230 / Global Information Society Watch

The importance of this is that political favouritismis being counteracted. Literature on thesubject states that the internet as the foundationfor e‐government increases the possibilities ofanti-corruption measures, increasing transparency,democratisation and accountability. These are thesteps that are being taken in Uruguay. These areencouraged by the fact that this has been a countrywith low corruption rates. At the same time there isthe political will to produce positive changes. This isa fertile context to develop e‐government relationshipswith the citizens, and therefore transparencyin public management.Action steps• Help establish processes of public debate andconsultation using the internet when developingpolicy and legislation. The internet is a toolthat, used in the correct way, enhances the opportunityfor accountability and transparency.• Political will is needed to increase participationand to make individuals not just passive receiversof decisions but also participants in debates.Citizens could demand participation throughchannels that enable fluid communication – andthe internet is an excellent mechanism for this.• The formation of forums before policies areadopted could be a good way to obtain inputand feedback from stakeholders, strengtheningthe development of policies during thedecision-making process, and not trying to dothat afterwards. The internet is a channel thatshould be promoted for this purpose.• It is necessary to encourage people to developskills in cooperation, to strengthen their voicesas critical agents, to be proactive, and to appropriatenew technologies. nURUGUAY / 231

VanuatuA work IN PROGRESS: ACCESS to the INTERNET IN VANUATUDan McGarryIntroductionThe internet, and particularly its role in combatingcensorship and encouraging public awareness andengagement, is still very much a work in progress inVanuatu. While for many countries the challenge ishow best to leverage the internet as a tool for socialjustice, the primary challenge for Vanuatu is simplyto ensure access to information technology of anykind. That said, internet and related technologieshave already begun to make their influence felt in anumber of meaningful ways.With a tiny population of barely 250,000 peopledispersed across a 1,000-km-long archipelagoof mountainous volcanic islands, Vanuatu 1 facessignificant challenges in developing and maintainingeven a basic telecommunications infrastructure.While it lags significantly behind much of the developedworld, its progress compares well withneighbouring Melanesian nations, including theSolomon Islands and Papua New Guinea.With the breaking of the local telecommunicationsmonopoly in 2008, it became clear that Vanuaturecognised that technological development was onedevelopment area in which it could achieve significantsocial and economic benefits. Following theintroduction of competition into the telecommunicationsmarket, mobile penetration rates jumped frombarely 8% of the population to well over 60%. In its2011 annual report, the Telecommunications andRadio Communications Regulator 2 states that telecomsrevenues have more than doubled in the sametime period. The social effects of this radical transformationhave been tracked in a series of surveysconducted by the Pacific Institute of Public Policy. 3In spite of significant improvements, internetaccess outside of Vanuatu’s two main municipal centres(Port Vila, the capital and Luganville, on EspirituSanto island) remains effectively non-existent. Theprimary obstacle is cost; at present, Vanuatu reliesexclusively on satellite communications for internetaccess, resulting in monthly bandwidth fees in thethousands of US dollars per megabit for uncontended– i.e. internet service provider (ISP)-grade – traffic.The result for consumers is internet connection feesthat are an order of magnitude greater than onemight see in developed markets.Likewise, environmental factors make the operationof communications networks uniquely difficult.Vanuatu’s geographical location means that it experienceshurricanes annually, as well as frequentearthquakes, three of which measured in excess ofseven on the Richter scale in the last two years.Notwithstanding these hurdles, a simplifiedlicensing process has led to the establishment ofnumerous retail ISPs. Prices remain high, but theyhave fallen drastically since 2008. Both TelecomVanuatu Ltd. (TVL) 4 and Digicel Vanuatu 5 (Vanuatu’stwo telephone carriers) now offer 2G or 3G+ serviceson their mobile networks. Others offer residentialWi-Fi services at relatively competitive rates.Nonetheless, the internet remains out of reachfor most Vanuatu residents. Computer hardwareand internet service prices are still too high for theaverage wage earner (let alone the cash-poor majority).Compounding this issue, reliable electricalpower is largely unavailable on most islands.The mobile internet revolution therefore offerssignificant promise to Vanuatu’s unconnected majority– and the prospect of ubiquitous connectivityvia low-power, rechargeable devices is a compellingone.Many of the recent improvements in access to electroniccommunications are directly attributable to thegovernment of Vanuatu’s commitment to universal access.In spite of months of turbulence and changes ofleadership in its typically fractious political landscape,the government has nonetheless held a largely steadycourse. Its national information and communicationstechnology (ICT) policy, which has “ICT for all” as itscore principle, is currently undergoing an extensive reviewwhich should be completed by early 2013.Strategic challengesThe process of building a competitive and open markethas not been without challenges. Both TVL andDigicel have at times contested decisions made by the1 en.wikipedia.org/wiki/Vanuatu2 trr.vu3 www.pacificpolicy.org4 tvl.vu5 www.digicelvanuatu.com232 / Global Information Society Watch

independent regulator, and disputes have on occasionrisen to the political level. An attempt to suspend thetelecoms regulator 6 by the minister of Infrastructureand Public Utilities in early 2012 was followed quicklyby the transfer of authority over telecommunicationsto the Prime Minister’s Office (this move had beenin the works for some months prior to this event.) Inassuming control over ICT development, the primeminister created the Office of the Government ChiefInformation Officer (OGCIO), responsible for policydevelopment as well as managing the government’sown e‐government network, a new backbone networklinking all government offices and provincial centres.Among the OGCIO’s first priorities is the oversightof a private sector-led project to establisha submarine fibre optic cable link between Vanuatuand neighbouring Fiji, which sits astride thetrans-Pacific Southern Cross Cable. The cost of theundertaking relative to Vanuatu’s tiny economy hasbeen the cause of some contention 7 concerningwho will ultimately bear the burden of capitalisingit, but the government remains intent on seeing theproject to fruition even if, as the prime minister hasstated, they need to explore a “plan B”.Both mobile telecommunications companieshave at times complained that the government’sUniversal Access Policy (UAP) – and particularly therequirement that they contribute a percentage ofnet income to the UAP fund – is too heavy a burdento bear in so small a market. Contention overpayments to the fund led the Australian Agency forInternational Development (AusAID), which hadpromised matching funds, to suspend its contributionsuntil the controversy could be resolved. Thegovernment intends to review the UAP in the comingmonths but stresses that its commitment touniversal access remains unchanged. There is everyreason to believe that it is sincere in this regard.In an interview during the preparation of this report,government CIO Fred Samuel stated that the comingyears would see significant government investment inputting public information online. A report 8 jointly authoredby UNESCO, the OECD and the Internet Societyindicates that this is a key element in improving usefulnessand reducing costs in local internet.A growing appetite for dialogueThe rate of internet use among urban dwellers isgrowing significantly, and with it comes a vast – andto date, largely unquenched – thirst for dialogue6 www.dailypost.vu/content/todays-dailypost-newspaper-monday-27-february-20127 www.pacificpolicy.org/blog/2012/06/30/the-cuckoos-eggsharing-the-communications-wealth-in-the-pacific8 www.internetsociety.org/localcontentwith Vanuatu’s political establishment. While Ni-Vanuatu (i.e. indigenous citizens) have flockedonline as quickly as cost and access will allow, theirpolitical elite is largely absent. Only one politicalparty 9 in the nation has its own website.This may be changing, however. In August,both the prime minister and the leader of the oppositionparticipated in back-to-back “Face to Face”events” 10 facilitated by the Pacific Institute of PublicPolicy, 11 in which members of the public askedquestions directly to the leaders. This public meetingused the newly built e‐government network toconnect all six provincial headquarters to the event,making it the first truly national political event inthe country’s history. Since then, more candidatesand members of parliament have begun to appearin online forums.The enthusiasm with which Ni-Vanuatu haveembraced internet communications is best illustratedin the growth of the Yumi Toktok Stret (“StraightTalk”) 12 Facebook group. 13 In the course of a fewshort months its membership has risen from a fewhundred to over 9,600 at the time this report wasbeing prepared. This number represents the vastmajority of internet users in the nation.Notably, Yumi Toktok Stret membership outnumbersPapua New Guinea’s Sharp Talk 14 Facebookgroup, which was the subject of intense mediaattention 15 as the country underwent a series of parliamentaryand constitutional contortions during aprotracted political leadership fight. Such numbersare reflective of a phenomenon peculiar to Vanuatusociety: the ability to unite even in the face of strikingdifferences of opinion and belief.The tone in this group has at times beenboisterous, sometimes downright rancorous.Its atmosphere contrasts sharply with some ofthe more highly moderated (and notably, lesspopular) social media groups. Commentary, especiallyamong the Ni-Vanuatu youth, displays agreat deal of anger, impatience and disaffectionwith Vanuatu’s political scene, which is universallyregarded as fundamentally corrupt. When a photographwas posted to the group, allegedly showingthe minister of Infrastructure and Public Utilities9 www.graonmojastis.org10 www.pacificpolicy.org/blog/2012/08/22/facing-the-nation11 Full disclosure: The author of this report is employed by the PacificInstitute of Public Policy and participated in this Face to Faceevent.12 www.facebook.com/groups/yumitoktok13 A partial list of Vanuatu-centric social media resources ismaintained by the Vanuatu IT Users Society: vitus.org.vu/socialize14 www.facebook.com/groups/Sharptalk15 www.pmc.aut.ac.nz/articles/social-media-activism-png-plays-rolepolitical-upheavalVANUATU / 233

emerging from a nightclub in the early morninghours, shirtless and drunk, 722 comments followed,few of them complimentary.Issues discussed include not only domesticpolitics and quality of life issues, butnumerous postings concerning Melanesian brethren,particularly the situation in West Papua. Sinceindependence, Vanuatu has advocated for the liberationof West Papua from Indonesian rule. Theissue recently threatened to become a flashpointwhen Prime Minister Sato Kilman, having expelledthe Australian Federal Police in a diplomatic tiff,enlisted the support of the Indonesian government.Images and video footage of protestersbeing arrested in Port Vila for their opposition tothis move generated angry online protestations ofsupport. Photos and footage documenting politicaland human rights abuses in West Papua are acommon feature on Yumi Toktok Stret.Likewise, the publication online and in print ofthe identities of three Indonesian “investors” whoallegedly entered the country illegally with the assistanceof the prime minister’s first political advisor(or PA) caused such an uproar that the prime ministerwas forced into a quick volte-face that led to the expulsionof the three on the next available flight.Members of Vanuatu’s political and power establishmentappeared initially to have been caught offguard by this outpouring of concern, commentary andnewfound political awareness. Following commentsstrongly critical of the Vanuatu Police Force (widelybelieved to be ineffectual), members of the force “invited”several members of the public to the policestation to explain their Facebook comments. Theseacts were of course quickly documented online.Social media are demonstrating their abilityto accelerate the flow of news and informationthroughout an already tightly knit and chatty society(a phenomenon known locally as the “coconutwireless”). In July, an anonymously sourced reportemerged online, concerning alleged abusesof privilege by management and senior staff ofthe Vanuatu National Provident Fund. The websitewas subsequently taken down by its creator dueto concerns for the security and safety of thoseinvolved. Discussion on the topic on Facebookwas heated and voluminous, 16 culminating in animpromptu demonstration outside the Fund’s headquarters.Subsequent public meetings and mediareports largely refuted the initial accusations, butan independent audit of the Fund was nonethelesscommissioned by Minister of Finance Moana CarcassesKalosil. Indeed, this event marked Moana’s16 www.facebook.com/groups/yumitoktok/search/?query=vnpfentry into the online dialogue, wherein he respondeddirectly to many commentators.The relationship between Vanuatu’s print andelectronic media is an interesting one. Each seemsto reinforce the other. Due to its relatively low costand ready availability, many Vanuatu residentscontinue to rely on the newspaper to provide authoritativenews and information. Ni-Vanuatu,accustomed as they are to the rapid and oftenunreliable spread of information through the traditional“coconut wireless”, are sometimes slow toaccept the veracity of online reportage. Vanuatu’ssmall but effective journalistic establishment hasmanaged to maintain its reputation for integrityand telling truth to power.When the news of the three Indonesians’ illegalentry into the country (mentioned above) broke onlineand then in print, there was no formal onlineresponse from the government. The political advisorwho was alleged to have facilitated their entrydid, however, issue a warning to the Daily Postnewspaper that he was seeking legal counsel inpreparation for a defamation case.If the trend continues as it has, it is likely that,rather than subverting the printed media, Vanuatu’sonline social media will continue to play a complementaryrole. Both traditional and new media seemto reinforce one another, with print media providingessential fact-checking and investigative workand new media providing a means of acceleratingand broadening the flow of information, as well asproviding an invaluable forum in which the longneglectedvoices of average Ni-Vanuatu can at lastbe heard.The island village goes digitalVanuatu’s entry into the online world provides afascinating case study in the effects of traditionaldiscourse and social constructs on development.Marshall McLuhan’s now-clichéd image of aglobal village was a pessimistic, almost despairingvision. A flickering, glowing screen replaced thecampfire at the centre of the human experience, butthose huddled around it, seeking meaning in its seductivegaze, were as brutish and unreflective as heimagined early man to be.McLuhan’s despairing metaphor was wrong inone critical regard: the people sitting around thevillage campfire are not nearly the simpletons heimagined. Dozens of case studies in Vanuatu demonstratethat even in a society with only the mostrudimentary technology, people show ingenuity,perspicacity and intelligence. Given access to mobiletelecommunications, they grasp the initiative,improving their lives in significant ways.234 / Global Information Society Watch

Vanuatu’s online coming-of-age story is, so far,a positive one. While recent developments onlyhighlight just how far it has yet to go, the benefitsare nonetheless noticeable and significant. Mostimportant of all is the fact that Vanuatu society hasmanaged to maintain some of its most salutarycharacteristics while coping with what for many is aleap straight from a world without automation intothe information age.But communalist societies can sometimesindulge in collective behaviour considered unacceptablein Western societies. Respect for privacyand individual rights are often secondary considerations.During the Vanuatu National Providentimbroglio, private pictures of the Fund managerwere posted online and at least one literally incendiarygraphic appeared: a Photoshopped image ofthe Fund headquarters in flames. A small but significantminority of commenters openly advocatedan attack on the building itself. The overwhelmingmajority, however, strongly advocated adherence tothe rule of law.Action steps• Vanuatu’s primary challenge remains achievingeven a modicum of access for the majority of thelargely rural population. This will be a core componentof the upcoming national ICT policy.• Development of infrastructure and informationmanagement plans to embrace and enhancethe Chinese-funded e‐government network arealready underway. The first fruits of this efforthave already begun to appear.• Steps taken to protect the integrity of the independentregulator and to elevate the role of thegovernment chief information officer have allowedthem to prioritise universal access to the internetand to tackle issues related to open governmentand improved public dialogue. These includeinitiatives related to local content best practices,improved management of the .vu top-level domainas a public resource, and community-led advocacyconcerning public dialogue online. nVANUATU / 235

VenezuelaPDVAL food spoilage: The need for an efficient e-GOVERNMENTPROGRAMME to PROMOTE TRANSPARENCY AND ACCOUNTABILITYEsLaRedSandra L. Benítez and Lourdes González-Pietrosemoliwww.eslared.org.veIntroductionThis report analyses the Venezuelan government’spublic policies regarding e‐government and the implementationof tools that facilitate access to publicinformation through the internet. This is a way toincrease efficiency in the management of stateenterprises, improve services and provide moretransparent accountability that will enable citizensto exercise their right to democratic participationand to combat corruption. It specifically examinesthe case of the state food company PDVAL, 1 whichin recent years has allegedly committed corruptionthat shocked the public both nationally and internationally.This report considers e‐government inVenezuela for the period 2010-2011, and the legalframework concerning anti-corruption actions inpublic management, control of public expenditure,and citizens’ access to government information. Italso analyses the government measures applied inthe case of PDVAL’s alleged corruption, and commentson the public’s reaction in different media(debates, reports, social networking and digitalmedia) in their attempt to report what they judgedas inefficient or fraudulent management of publicgoods. Finally, the report proposes a series of actionsand recommendations about transparencyand accountability in Venezuela.Political backgroundEven though there is no law fully regulating accessto public information in Venezuela, a draft Law onTransparency and Access to Public Information 2 hasbeen recently developed and was to be discussedduring 2012 in the National Assembly. 3 Also, the NationalConstitution, 4 in its articles 28, 31, 51, 57,1431 Productora y Distribuidora Venezolana de Alimentos2 asambleavisible.files.wordpress.com/2011/06/proyecto-de-leyorgc3a1nica-de-transparencia-y-accesso.pdf3 www.asambleanacional.gov.ve/index.php?option=com_content&view=article&id=37608%3Acomision-de-contraloria-proponetres-instrumentos-juridicos-para-este-ano&catid=1%3Alatestnews&Itemid=246&lang=es4 www.asambleanacional.gov.ve/index.php?option=com_content&view=article&id=24728&Itemid=238&lang=esand 325, provides for the right of all people to accesspublic information.Of utmost importance to the PDVAL case arethe Law Against Corruption, 5 the Law on AdministrativeProcedures, 6 the Law on AdministrativeProcedures Simplification 7 and the Organic Lawon Public Administration. 8 These laws, which arein force, consider transparency a leading principleand establish the use of new technologies for publicadministration and relationships with citizens. Infact, they urge governmental agencies to developportals and websites containing relevant informationfor citizens and to promote e‐government as away to achieve transparency in the management ofinformation.At present, the E-Government Act 9 approved bythe National Assembly 10 in 2011 dictates the guidelinesfor the use of information and communicationstechnologies (ICTs) in public administration. Thereare also laws and ordinances applicable to local,regional and municipal governments that promotetransparency in information. 11Venezuela recognises most international lawsthat proclaim the freedom to seek, receive and impartinformation and act against corruption. 12Finally, PDVAL has been under the Ministry ofPeople’s Power for Food (MINPAL) 13 since 2010, andwas created in 2007 as a subsidiary of the state-runoil company PDVSA. 14The case of PDVALBetween 2010 and 2011, about 170,000 tons ofspoiled food was found in containers located in theport of Puerto Cabello, Venezuela. This food, earmarkedfor distribution in state-run supermarkets5 www.asambleanacional.gov.ve/index.php?option=com_leyesficha&hidId=detalleley&Itemid=213&idley=850&lang=es6 www.tsj.gov.ve/legislacion/lopa.html7 www.uc.edu.ve/diuc/pdf/LeySobreSimplificaciondeTramitesAdministrativos.pdf8 web.laoriental.com/Leyes/L010N/L010nT1Cap0.htm9 www.cavedatos.org.ve/download/cdt_367.pdf10 www.asambleanacional.gob.ve/index.php?option=com_content&view=article&id=33409:realizaran-jornadas-de-consulta-sobre-laley-de-infogobierno&Itemid=5011 www.alcaldiamunicipiosucre.gov.ve/contenido/wp-content/uploads/2010/08/Resumen-Ley-de-Acceso-a-la-Informacion.pdf12 www.ipys.org.ve/media/24534/manual_aip_venezuela.pdf13 www.minpal.gob.ve14 www.pdvsa.com236 / Global Information Society Watch

in urban and rural areas, was packed in 1,197 containers.It had reached its expiration date, and wastherefore unacceptable for human consumption.At the time, officials explained the spoiling of thefood as inefficient management by PDVAL, whichallegedly imported greater amounts of food thanit could manage to distribute. However, non-governmentalmedia – traditional and digital – haveanalysed it as an obvious case of corruption inwhich public managers deliberately imported foodthat was nearly or already expired for embezzlementpurposes.This scandal was in apparent contradiction toexisting laws and regulations in the country statingthe obligation of transparency in the managementof government agencies, and the rules urging theuse and promotion of ICTs as tools for the disseminationof information, democratic participation ofcitizens and control of the potential corruption intheir respective governments.However, examining the effectiveness and transparencyof e‐government in the management of thefood company PDVAL, we find some revealing facts:• MINPAL has an institutional portal with officialinformation about the ministry and ninedifferent associated agencies 15 involved in thefood marketing chain. 16 This is in accordancewith Article 27 of the Law of Info-Governance,according to which all governmental agenciesare obliged to publish on their official websitesinformation about their mission, organisation,procedures, relevant regulations, documentsof interest to people, management reports,operational plans and annual financial reportsand accounts.• However, most agencies under MINPAL do notdisplay their annual financial reports and accountson their portals. In the case of SADA, 17the government agency responsible for foodstorage, a password is required to access theadministrative system. This violates the rightto social control established in articles 62 and142 of the Venezuelan Constitution. Moreover,it contradicts the approved national policiesabout the strategic use of ICTs as describedin the Simon Bolívar National Plan, and in theTelecommunications, Informatics and PostalServices National Plan.15 www.minpal.gob.ve/index.php?option=com_content&task=view&id=6&Itemid=1316 The marketing chain encompasses production, transportation,storage, distribution and final sale.17 sada.gob.ve/administrativo/admin/index.php• MINPAL’s main site only displays an annual financialreport and accounts for 2007. 18 Besidesthis, information is so scarce that it precludesa serious analysis on management of public resources.The report on 2008 has an inoperativelink and MINPAL only shares information aboutthe management of the agencies attached tothe ministry.• The government’s annual financial report doesnot display information about MINPAL, and thelink to MINPAL is missing.• The PDVAL official site shows no records of operationaland financial plans, and does not haveannual financial reports for 2010 19 and 2011. 20This lack of transparency, paucity or absence of officialinformation which was strongly suggestive ofthe ineffectiveness of the e‐government programmein the country led the citizen media to discuss thePDVAL case as one of patent corruption, in whichunscrupulous officials deliberately imported expiredfood at lower prices for profit. In fact, theVenezuelan Programme of Education-Action inHuman Rights (PROVEA) 21 demanded that the governmentand National Assembly 22 guarantee the“delivery and access of reports and accounts of allpublic institutions of the country (and the applicationof) penalties for officials who fail to complywith this obligation.”At the same time, public opinion started to beheard in digital forums, in the independent press,on non-governmental radio and television, and onblogs, 23 websites and social media (Twitter andFacebook), all of which were reporting on PDVAL frequently.In a very short time the scandal was knownworldwide, 24 which pressured the government toinvestigate. The results of the investigation were:• In 2009, PDVSA’s auditor general, 25 Jesus Villanueva,acknowledged in a confidentialmemorandum that poor quality food was imported,and wrote about the extent of thefinancial disaster of PDVAL food imports. Healso reported about overpriced payments and18 www.minpal.gob.ve/index.php?option=com_content&task=view&id=9&Itemid=2719 www.derechos.org.ve/memoria-y-cuenta/memoria-y-cuenta-201020 www.derechos.org.ve/documentos-oficiales/memoria-ycuenta-201121 www.noticierodigital.com/2012/02/provea-exige-al-ejecutivodifundir-publicamente-memoria-y-cuenta-de-las-institucionesoficiales22 Ibid.23 www.democraticunderground.com/1108163824 es.wikipedia.org/wiki/Caso_PDVAL25 www.reportero24.com/2011/03/auditor-de-pdvsa-alertocorrupcion-en-importaciones-de-pdvalVENEZUELA / 237

the purchase of expired food or products thatnever arrived, which led to losses amounting toseveral hundred million dollars. The memo alsomentions the haphazard processes that governedimporting and the lack of coordinationinside the ports.• In May 2010, at the request of the AttorneyGeneral, 26 the 2009 general manager and chiefoperating officer of PDVAL, Ronald Flores andVilyeska Betancourt, were arrested.• On 28 August 2010, the Comptroller Generalof the Republic (CGR) analysed 37 containersof food out of 305 that had been abandoned atcustoms at the ports of Puerto Cabello and LaGuaira. Inspections by the National Institute forAgricultural Health and the Autonomous Serviceof Sanitary Control determined that the food inthe containers had expired or had near-expirationdates, and some had signs of decomposition.• Evident differences between the inventoriesof the warehouses and those managed by thecompany were also reported, and detailed informationabout purchase orders and the locationand condition of the food received revealed theinefficiency of PDVAL management.• On 30 March 2011, Comptroller GeneralClodosbaldo Russian 27 openly criticised PDVALmanagement, since it had proceeded “withoutregard to strictly legal and technical criteria.”• In November 2011 the Justice Department andthe National Office of the Republic granted paroleto the accused in the PDVAL case. At thesame time, Deputies Neidy Rosal 28 and AuraMontero 29 complained to the National Assemblyabout the deferrals and delays by MINPAL in theapplication of penalties in the PDVAL case. Theyalso asked for a review of the processes and forthe intervention of the president of the SupremeCourt of Justice and the Attorney General’s Office,while requesting further investigation ofnew cases 30 of spoiled food in 2012. At present,the PDVAL accused are free.26 informe21.com/actualidad/detenidos-dos-ex-directivos-pdval-supresunta-vinculacion-alimentos-descompuesto27 informe21.com/clodosbaldo-russian/clodosbaldo-russian-pdvalimporto-comida-%E2%80%9C-criterio-legal-tecnico28 www.diariolacosta.com/detalles/Detenidos-por-caso-Pdvalfueron-dejados-en-libertad29 www.s1.acn.com.ve/portal/politica/item/45721-diputadasde-prove-solicitan-a-la-an-para-que-investigue-las-denunciasrealizadas-en-el-caso-de-pdval30 noticierovenevision.net/nacionales/2011/noviembre/9/1123=diputadas-de-carabobo-piden-seguirinvestigando-pdval-ante-la-aparicion-de-mas-comidadescompuestaThe PDVAL case reveals important facts:• Even though the country has excellent laws andregulations concerning an efficient e‐governmentsystem and the role of ICTs as a tool forcitizen control of corruption, there is no enforcementof these laws and norms. This can be seenby the fact that neither the PDVSA nor MINPAL(to which PDVAL reported) displayed the dueinformation on their portals as established byMINPAL regulations. 31• Social media have been crucial to force the governmentto investigate cases of corruption andembezzlement as provided by the constitution.• When laws do not coexist with law enforcement,then e‐government, access to information anddemocratic participation remain on paper only.ConclusionsIn the period 2008 to 2010, PDVAL was a subsidiaryof PDVSA, and from 2010 the government placed itunder MINPAL’s jurisdiction, alleging mismanagementon PDVSA’s part. However, MINPAL and itsagencies do not comply with the provisions of theE‐Government Act. We are faced with a contradictionbetween laws that promote digitisation andaccess to information through the internet, andgovernment agencies that violate the very fundamentalprinciples of e‐government being promoted.This inconsistency goes beyond the case before us.Decree 825, for example, stipulates the use of theinternet for e‐government purposes, but the subsequentDecree 6449 defines payments for internetuse in the public sector as “luxury spending”. Atpresent, internet expenditures by public and privateuniversities require the approval of the state vicepresident.Even though after nearly 18 months since theallegations discussed above the Venezuelan governmenthas not issued sanctions against theaccused, the PDVAL case demonstrates how digitalmedia, social networks and virtual communities canplay a leading role in formulating public allegationsin corruption cases, which then become legalmatters.PDVAL is an example of the level ofcorruption seen nowadays in Venezuela, a phenomenonthat continues to result in shockednational and international opinion. It is also evidenceof a lack of transparency and accountabilityby the government in the use of public funds, and,in particular, the failure in the implementation of31 www.minpal.gob.ve/index.php?option=com_content&task=view&id=70&Itemid=56238 / Global Information Society Watch

the state’s e‐government programme. These factorsadversely affect the quality of life of citizens andviolate constitutional laws.Action stepsGovernment agencies• Deploy efficient e‐government processes inpublic institutions as a way to ensure transparencyand accountability.• Be rigorous in the implementation and enforcementof legislation to promote the control,supervision, monitoring and auditing of the useand management of public assets.• Monitor the use of funds for the establishmentof e‐government systems that ensure access toinformation concerning government agencies.• Demand that judicial bodies streamline theprocesses that handle corruption cases, particularlythose that threaten the country’s foodsecurity.• Maintain a separation of powers in order to facilitatetransparent judicial processes when itcomes to public administration.NGOs• Join forces to report the difficulties encounteredin accessing public information to national andinternational entities.• Demand sanctions for public institutions thatviolate laws designed to promote social control.• Raise allegations of corruption before impartialnational and international bodies that will guaranteethe punishment of those responsible.Citizens• Secure their presence and participation throughusing social media and demand that the governmenthave a coherent understanding of the rolethat ICTs should play in a democratic society:as a tool for ordinary people to exercise socialcontrol over their governments and participatein real decision making to improve their qualityof life. nThematic reports / 239

Western BALKANSThe collective memory of the UNDONE AND the DAMAGEOneWorld Platform for Southeast Europe (owpsee)Valentina Pellizzerwww.oneworldsee.orgIntroduction: Overview of a region rifewith corruption and briberyThe daily chronicle of this small region is one ofcorruption and bribery. That is what emerges frommedia reporting on the trial of the former primeminister of Croatia, 1 and is confirmed by the arrestof Nazmi Mustafi, Kosovo’s top anti-corruptionprosecutor, over “allegations he took bribes to dropcorruption charges against powerful individuals.” 2According to the Business Anti-Corruption portal,compared to the regional average, Albania “is thecountry where the highest percentage of companiesexpects to give gifts in order to get a governmentcontract.” 3The situation is no different in Bosnia and Herzegovina,where, this June, the Centre for the Study ofDemocracy (CSD) in Bulgaria and Centre for InvestigativeReporting (CIN) in Sarajevo published thereport “Countering Corruption in Bosnia and Herzegovina2001-2011”. 4 This shows that over the past10 years corruption in Bosnia and Herzegovina hasincreased, while the actual participation of citizensin corrupt activities has subsided. 5Very similar is the situation in Serbia, Montenegroand Macedonia, where a “leading politicalcartel” manages the public good as their own privateresource and uses corruption cases as a way toeliminate political opponents. According to Petrusvan Dijn, a professor at Tilburg University in theNetherlands, “The commitment to the fight against1 “In Croatia a trial of a former prime minister starts next month,promising to open a window on widespread political corruptionover the past decade. Ivo Sanader is pleading innocent to chargesthat he and his ruling Croatian Democratic Union party (HDZ),which ran the country for most of the past 20 years, siphonedoff nearly €10m (£8m) from privatisation proceeds into partyfunds. Sanader is already being tried on two further sets of graftcharges.” www.guardian.co.uk/world/2012/mar/29/centraleurope-centre-right-corruption-claims2 www.rferl.org/content/kosovar_anticorruption_prosecutor_arrested_for_corruption/24536494.html3 www.business-anti-corruption.com/country-profiles/europecentral-asia/albania/snapshot4 www.csd.bg/artShow.php?id=160845 www.againstcorruption.eu/articles/new-report-on-anti-corruptionin-bosnia-and-herzegovina-publishedcorruption in Serbia is the same, if not lower thanit was in 2000... [A]nti-corruption legislation hasbeen extended, but there are fewer convicted ofcorruption than during Milosevic’s regime, andthe number of prosecuted cases is lower than before2000.” 6 And then Montenegro and Macedonia.The first is “a country that has not seen a changeof government for 23 years, stifled by corruptionand organised crime,” says Vanja Ćalović, directorof the NGO network MANS, 7 which, during the electionsheld on October 2012, found 14,000 cases ofnames included several times in the electoral lists.Macedonia, on the other hand, combines a lack oftransparency in general public expenditures, with ajudiciary involved in the cover-up of high-level corruptioncases, and strong pressure on the media,including the drive to shut down A1 Television. 8Apart from Croatia, which finalised the EuropeanUnion (EU) accession process in June 2011 andwill formally become a member of the EU in July2013, all the remaining countries have launchedtheir own “anti-corruption chapter” on their waytowards joining the EU. In order to successfullyconclude their negotiations, they need to provetheir seriousness and commitment in combatingcorruption. Yet widespread corruption has beenconfirmed by Transparency International’s latestCorruption Perceptions Index, released in 2011.Croatia and Montenegro rank 66th and Kosovo112th out of 183 countries and territories of theworld surveyed. For their part, Albania ranked95th, Bosnia and Herzegovina 91st, Serbia 86th,and Macedonia 69th.Overview of national laws against corruptionand for transparencyAnti-corruption initiatives are present almost everywherein the region. Albania leads the reform path,while Kosovo and Bosnia and Herzegovina marktime. Albania, Croatia, Macedonia and Montenegrohave joined the Open Government Partnership, 96 www.politika.rs/rubrike/Hronika/Nivo-borbe-protiv-korupcije-istikao-2000-godine.lt.html7 www.balcanicaucaso.org/eng/Regions-and-countries/Montenegro/Montenegro-a-country-to-change-1253918 www.unhcr.org/refworld/country,,,,MKD,4562d8b62,503c722b23,0.html9 www.opengovpartnership.org240 / Global Information Society Watch

and submitted their action plans, while Serbia haspresented a letter of intent.All countries, except for Kosovo, are participatingin the Regional Anti-corruption Initiative(RAI), which has a secretariat for South-EasternEurope, and have developed national websites. 10The websites are all in English and can be seen asuseful sources of information for English-speakingresearchers, considering that they provide informationon strategies adopted, legislation, reports andcorruption cases.In general, if we look at the implementationof anti-corruption laws, a report published byTransparency International in June 2011, with acomparative analysis 11 of Albania, Macedonia andKosovo, provides a good synthesis of the regionalchallenges. These can be summarised under theheading of “abuse of political and economic power”:• Low and inconsistent levels of access toinformation• Ineffective application of asset disclosurerequirements• Absent or unimplemented codes of conduct• Political interference in institutional responsibilitiesand operations• Poor working conditions for judges, legislativestaff and civil servants. 12In addition to the above, the legal framework regulatingthe fight against corruption, especially thelaws on conflict of interest and financing of politicalparties, are inadequate or circumvented in thesecountries.These results can easily be extended to the entireregion, where the formal adoption of legislationcomplying with EU standards is the general praxisof the political elites managing the public good inthe Western Balkans region. It is sufficient to lookat country progress reports where each year theEuropean Commission presents its assessment ofwhat each country/candidate has achieved overthe previous 12 months. 13 Here, from the BosniaHerzegovina report, you can see the reiteration ofthe same main points: “Incompatibility of laws at10 Regional Anti-corruption Initiative website and national websites:www.rai-see.org; www.anticorruption-albania.org; www.anticorruption-bosnia-and-herzegovina.org; www.anticorruptionmacedonia.org;www.anticorruption-montenegro.org; www.anticorruption-serbia.org; www.anticorruption-croatia.org11 archive.transparency.org/regional_pages/europe_central_asia/projects_and_activities/cimap12 archive.transparency.org/news_room/latest_news/press_releases/2011/2011_06_21_cimap_report_launch13 ec.europa.eu/enlargement/countries/strategy-and-progressreport/index_en.htmvarious levels of government; lack of capacity of theinstitutions which are supposed to enforce anti-corruptionlaws; judicial inefficiency; incompatibility ofregulations in the access to information area; lackof protection of whistle-blowers.” 14 Last but notleast, the annual strategy paper 15 which sets outthe way forward for the coming year 16 clearly showsthe EU carrot-and-stick political practice to try andbring about the smallest improvement.The internet as collective memoryof corruption claimsCorruption cases are regularly covered in majornewspapers, or on prime time slots on national TV,but in a region where freedom of the media is jeopardisedand much of the mainstream media belongsto the oligarchy, the impact remains low and is easilyframed as a “political attack”. Leaving aside theEU reports and their influence on the development oflaws that impact on citizens’ everyday life, a key elementremains the gulf between the national politicalelites, who hold the power and influence over institutions,and our fragmented, precarious citizenry,weakened by a divided past, with a regional averageunemployment rate of around 21%. In a situationwhere corruption seems the norm, the long-term effectis growing public tolerance towards corruption.It is a sort of “siege effect” – people have stoppedacknowledging the situation as an exception and, inorder to survive, have adapted to it and developedmechanisms to navigate safely through it.As a result, a pervasive corruption exists inwhich people are part of the system, acceptingthat it is okay to pay bribes for getting things done:better assistance while giving birth, or a short cutagainst a fine. The general attitude is that this is theway it is and we cannot change it, and this is whatmakes corruption invincible.How then do you make people reflect and question?Thousands of pages from reports, hundredsand hundreds of press releases, and sensationalheadlines clearly do not work. Ordinary citizenshave neither the skills to identify state and municipalinconsistencies, nor the opportunities to askand see their questions answered, taken seriouslyby public officials. Still we mumble – we citizenscomplain! If you cannot speak out in formal spacesthen you start informally, and the best place in theregion for complaining is the internet. So, over the14 ti-bih.org/en/5599/bih-is-still-the-worst-in-the-region/15 ec.europa.eu/enlargement/pdf/key_documents/2012/package/strategy_paper_2012_en.pdf16 ec.europa.eu/enlargement/countries/strategy-and-progressreport/index_en.htmwestern balkans / 241

last two years we have witnessed an increasingpresence of online anti-corruption, pro-accountabilityforums and mapping tools in the region.Looking from a distance it looks like the differentpieces of a giant puzzle – like the incredibledisplay of a collective memory of the undone andthe damage. With internet penetration (broadbandconnection and 3G) on the rise, the digital space isopening up to new ways of reporting: from onlinecommunities converging around local accountabilityissues, to online platforms strengthening accessto information or state attempts to open up communicationchannels with their citizens.Country highlightsAlbaniaAccording to government data, in the last six yearsAlbania moved from 4.8% internet penetration toalmost 60% – in contradiction to International TelecommunicationUnion (ITU) statistics, which ratethe country at 48%. It has one of the highest mobilephone penetration rates in Europe (185% at the endof 2011) and a mobile subscription rate for the sameyear of 96.97%, according to the ITU. The OpenGovernment Partnership Action Plan presented onApril 2012 is very ambitious, and the governmentpledges: “On its 100th independence anniversary,Albania aims to be an e‐governed country.” 17In January this year the EUNACAL Institute 18launched Raportime, 19 a localised Ushahidi platforminviting citizens to report on a wide range ofissues, from environmental issues to human rights.Each complaint is automatically forwarded via emailto public officials at the central and local government.Over the first three months, more than 90reports were filed, out of which 70% came directlyfrom citizens. One of the categories considered is illegalvideo surveillance, in particular CCTV camerasinstalled in violation of the law. The commissioneron data privacy contacted the organisation and allcomplaints in this regard were resolved. Triggeredby the initiative, Tirana Municipality started a map 20on its own, but on their map issues that are reportedare not made visible until they are resolved.17 www.opengovpartnership.org/sites/www.opengovpartnership.org/files/Albanian%20OGP%20Action%20Plan.pdf18 EUNACAL is an independent public policy research instituteestablished in 2010 to promote citizens’ participation anddeliberative democracy in Albania by focusing on public policymaking in three levels of governance (European, national and local– EUNACAL). eunacal.org19 The platform uses Web 2.0 tools (Facebook, Twitter, blogs,YouTube, Wikipedia) and facilitates online discussion betweenstudents, business managers, politicians and policy makers inTirana and Brussels. www.raportime.com20 rregullojqytetintim.tirana.gov.alAnother civic initiative is Open Data Albania, 21 whichproduces a variety of data visualisations that journalistscan reuse in their work. It also creates arepository of the raw data using the CKAN registrysystem, so that tasks like registering and acquiringdatasets 22 can be automated.Bosnia and HerzegovinaThe country is far behind Albania. Not only is it notamong the signatories of the Open GovernmentPartnership initiatives but, as described in the EUprogress report:Legislative alignment is delayed due to the continuingdiscussions between the Entities andthe State on their respective powers. (…) TheState-level Law on the Agency for the Developmentof the Information Society is yet to beadopted. There is no State-level legislation onelectronic documents, e‐government and cybercrime. Legislation remains to be aligned withthe E‐Commerce Directive. (…) The State-levele-commerce law did not enter into force yet. Theimplementation of the State-level e‐signaturelaw of 2006 is pending. The administrative capacityin the State-level Ministry of Transportand Communications remained weak. 23According to the ITU, at the end of 2011, Bosnia andHerzegovina had 1,955,277 internet users and apenetration of 42.3%, while mobile penetration putthe country at the bottom of EU statistics. Bosniaand Herzegovina has still not reached 100% mobilepenetration (it was 84.85% at the end of 2011). 24However, the last two years have seen an explosionof initiatives which use the internet to promotetransparency and accountability. For example,the Facebook group “Spasimo Picin Park a BanjaLuka”, 25 an initiative born to defend a small parktransformed into a construction site, has reached41,268 members. The Facebook group hosts discussions,shares information and organises protestwalks advocating for local government accountability.Another interesting process to follow hasbeen launched by volunteers in connection withthe forthcoming census. They are experimentingwith a combination of tools – including a Facebook21 Open Data Albania main website: open.data.al and blog: opendata.al/blog/37/open-data-albania-in-phase-ii22 Open Data Albania catalogue: explorer.data.al/index/catalog23 ec.europa.eu/enlargement/pdf/key_documents/2012/package/ba_rapport_2012_en.pdf24 www.itu.int/ITU-D/ict/publications/material/LDB_ICT_2012.pdfand www.itu.int/ITU-D/ict/statistics/explorer/index.html25 www.facebook.com/groups/park.je.nas242 / Global Information Society Watch

group and website 26 – to get citizen feedback on theproposed census template.Several monitoring initiatives have beenlaunched: e-zbori, 27 an Ushahidi map for monitoringthe election; the Virtual Parliament portal createdby the Centre for Civil Initiative, 28 which has good informationon parliamentary work, but is publishedin a user-unfriendly Flash interface; and the accessto information site Pravo daz nam, 29 managed byWhy Not (Zasto Ne) and Transparency International,which after one year has received only 54 requests.CroatiaThe public disclosure of the war veterans’ registry isprobably the most celebrated Western Balkan leak,attributed to the blogger Marko Rakar, 30 who wasalready known for the collaborative blog Pollitikaand the electoral census tool which helped highlightmanipulation of electoral lists. The publicationof the registry not only touched one of the mostsensitive communities, but somehow kick-starteda new form of activism in the region, showing thepower that technology gave to the average citizen.In 2011 another initiative was launched that includeda budget calculator and the public procurementregistry. 31 This summer, it was comforting to readthe decision by the Croatian Ministry of Financeto make public the list of tax debtors. 32 However,the fact that judiciary and public administrationaccountability remain the weakest areas in thecountry is confirmed by an EU report which askedfor “increased efforts” and mentions a need for“the strengthening of the rule of law through continuedimplementation of Croatia’s commitments tofurther improve public administration, the justicesystem, [and] preventing and fighting corruptioneffectively.” 33KosovoAs the youngest country in the region, which isstill not recognised by all EU countries (includingSerbia and Bosnia and Herzegovina), the path towardsa transparent and accountable government isslower and more complex. In Kosovo, as in Bosniaand Herzegovina, nationalistic and ethnic rhetoric26 www.popis.org.ba27 zurnal.info/e-zbori28 www.virtuelniparlament.ba29 www.pravodaznam.ba30 www.netokracija.com/registar-branitelja-marko-rakar-2709popisbiraca.pollitika.com31 vjetrenjaca.org; proracunskikalkulator.com and nabava.vjetrenjaca.org32 duznici.porezna-uprava.hr33 eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0601:FIN:EN:HTMLare used as excuses to justify failure and a lack oftransparency. After the euphoria of the declarationof independence, civil society is starting to questionthe “founding fathers” of the country and to demandaccountability. A few initiatives in particularare leading the calls for transparency: Kallxo.com, 34run by the Balkan Investigative Reporting Network(BIRN) and the Kosovo Anti-Corruption Agency,which was launched in 2008 and has collected 559reports, out of which 204 are on corruption; andtwo media initiatives 35 managed by the KosovoCentre for Investigative Journalism (KCIJ) togetherwith the civil society organisation Çohu, which engageand criticise the authorities where necessary.Other examples include Transparency InternationalKosova; 36 My Tender, 37 another Ushahidi maplaunched one month ago (10 cases have been registered);and My Vote, 38 which provides informationon politicians and their work.MacedoniaSeveral initiatives use similar online tools in Macedonia,such as Fiscal Monitor, 39 promoted byForum-CSRD, a local think tank, and the one-yearoldcampaign Report Corruption, 40 based on theUshahidi platform and launched by TransparencyInternational Macedonia together with the Centrefor International Relations. The site reached 15,229followers after 12 months, collected 199 relevantcases out of 227 reported, and has confirmed thatmany more are still under evaluation. The campaigncombines web and mobile applications, including anumber for telephone calls and an active Twitter account,#korupcijaMK.MontenegroMontenegro’s history of corruption has strong roots,which is why it is called a “Mafia state”. The country,as a result, has to overcome a lot of challenges.The local anti-corruption champion is MANS, 41 acivil society organisation that upon its inceptiondeclared a zero tolerance for corruption and bribes– today MANS is the anti-corruption organisation inMontenegro. On its site, MANS uses the iPetitionstool, 42 and has a repository of all access-to-informationrequests as well as answers from institutions,34 kallxo.com35 levizjafol.org/al/monikorr and www.preportr.com36 www.kdi-kosova.org37 www.tenderi-im.org38 www.votaime.org39 www.fiskalenmonitor.mk40 www.prijavikorupcija.org41 www.mans.co.me42 www.ipetitions.comwestern balkans / 243

and an interactive calendar for the parliament assembly,with links to documents and reports.SerbiaIn Serbia, Open Parliament 43 is a civic initiativelaunched by five organisations: the Centre for Research,Transparency and Accountability (CRTA); 44SeConS, 45 a development initiative; YUCOM, 46 alawyers committee for human rights from Belgrade;the National Coalition for Decentralization, 47 basedin Nis; and the Zaječarska initiative, 48 from Zaječara.The platform, which follows the work of local andnational elected officials, has collected and madeavailable data from 1997 to 2011 and intends in thisway to allow the active monitoring of parliamentarywork. The CRTA is also behind another initiativecalled Follow the Money, 49 which provides informationon public spending at the municipal level.Other interesting initiatives include Kontrolor.rs, 50managed by the Network for Political Accountability(MPO), which monitors public expenditure; Zakonje naš, 51 a website for public discussion on proposedlaws; and initiatives by “Serbia on the Move”that focus on fighting corruption in the healthsector (after the successful campaign “I do not acceptbribes, I work for my salary” collected 10,000signatures, they are launching the “Rate Your Doctor”campaign, which combines a website 52 and aTwitter account, #kakavjedoktor). Since July 2012,Perun, 53 which encourages whistleblowers to reportcorruption and has involved Jakob Appelbaum fromWikiLeaks and Arturo Filasto from GlobaLeaks, hasbeen active. All reports go directly to Juzna Vesti, 54a media outlet from south Serbia. Journalists thenverify the reports and publish the information.Regional initiativeFiscal Monitor is a regional initiative that focuses onmunicipality budgeting and is implemented in threecountries: in Bosnia and Herzegovina 55 by the SarajevoSchool of Science and Technology (SSST), inMacedonia 56 by the NGO Forum-CSRD, a local think43 otvoreniparlament.rs44 www.crta.rs/wp/sr45 www.secons.net46 www.yucom.org.rs/index.php47 www.decentralizacija.org.rs48 www.zainicijativa.org49 www.pratipare.rs50 www.kontrolor.rs51 www.zakonjenas.rs52 www.kakavjedoktor.org53 www.perun.rs54 www.juznevesti.com/Istrazujemo/index.sr.html55 www.fiskalnimonitor.ba56 www.fiskalenmonitor.mktank, and in Serbia. 57 An interesting site and also auseful resource for journalists and whistleblowersis the Balkanleaks initiative. 58 This also includesBulgaria, and has a mission “to promote transparencyand fight the nexus of organised crime andpolitical corruption in the Balkan states.”ConclusionsThroughout 2011 and 2012, national and regionalevents confirmed the interest and relevance ofapproaching accountability, transparency and corruptionusing social media, mapping platformsand other online tools. It is too early to evaluatethe strength of all these initiatives. They can be theresult of a favourable trend where several donorsseem committed to push technological solutionsinto the advocacy arena, or the natural developmentof committed communities that have foundin technology an ally that makes corruption visibleand understandable for ordinary citizens. Whatwe are witnessing is an increased aggregation ofpublic budget expenditures, profiles of municipalities,and politician and party profiles uploaded andavailable to the public. However, the information isnot always clear or accurate, and communicationabout the tools themselves fails most of the time,so they are only discovered by chance or solely ofinterest to the same groups who are already proactivecitizens.What is true is that all these initiatives, leaks toinformal forum discussions, institutional attemptsto initiate some form of open data, and data visualisationattempts, represent different parts of thesame mosaic. Institutions, under EU accessionpressure, have to show their commitment and organisetheir data, and citizens and civil society aregetting better and more organised in requestinginformation. What emerges is a local, national andregional inventory, which combines information,data and trends. So all in all, even if chaotic andincomplete, it is a good feeling to see some commonpaths emerging. Surely the inventory is only atits first stage, a 1.0 Beta version, which often offersexpensive or inaccessible technical solutions (softwarechoices such as Flash), or cannot be used bycitizens due to their limited access (low broadbandpenetration) and, last but not least, has weak orghost communities behind it. Platforms that forgetto state their name and are about accountability donot inspire trust. When navigating them, what appearsevident is the presence of a project team, butthe lack of a community. Proprietary or open source,57 www.fiskalnimonitor.rs58 www.balkanleaks.eu244 / Global Information Society Watch

all these platforms need to engage people to beuseful and to support mobilisation.Technology platforms can be a great tool forinternational consensus seeking, but at the sametime it is easier to produce an ad hoc platform forthe duration of a project, then abandon it at the endof the project once funding has run dry, and complainabout institutional and citizen passivity!Action steps• Provide real access to information (informationfeeds/long reports) establishing collaborationsand synergies for visualisation of existingreports to reach out outside the formal civil societysector and to spread from the “netizen”community to ordinary citizens. To build an understandingand rejection of corruption we needcontinuity of reporting in a format that can beaccessible to all. Headlines and timelines needto keep people informed, and information needsto be constantly posted on cases and laws.• Strengthen citizen transparency/accountabilityliteracy. More and more sites are appearingthat in one way or another use data visualisationto make information more understandableto the general public. There is a need to notonly increase the flow of information but alsoto strengthen the ability of citizens to use thisdata. There is also a need for more presentationsand events in the offline space, which willallow time for reflection, but moreover will helpcitizens to create action groups. Western Balkancitizens can be described as bystanders, with individualsand groups looking and staring at theissues without making a move. The point is notso much about “sparking a revolution” as generatinga consciousness of rights and resistance.• Index the good and the bad. Show the deadlockedjudiciary and inefficiency/carelessnessof public officers or the police. To bypass thecollective responsibility syndrome, which coversup individual responsibility, it is necessaryto give visibility to the entire cycle of corruption.This includes where the complaint starts,with the disempowering practices of officialswho receive citizen complaints or fail to answerquestions, all the way up to the judiciary. nwestern balkans / 245

Reports2011 - Special Edition 22011 - Special Edition 12011 - Internet rightsand democratisation2010 - ICTs and environmentalsustainability2009 - Access to online informationand knowledge2008 - Access to Infrastructure2007 - Participation

Global Information Society Watch 2012The internet and corruptionTransparency and accountability onlineCorruption contributes to instability and poverty, and is a dominant factor drivingfragile countries towards state failure. The internet is thought by many to supporttransparency and accountability in government decision-making processes. Inmany instances this is true – but can the internet enable corruption too?GISWatch 2012 explores how the internet is being used to ensure transparencyand accountability, the challenges that civil society activists face in fightingcorruption, and when the internet fails as an enabler of a transparent and fairsociety.The nine thematic reports and over 50 country reports published ask provocativequestions such as: Is a surveillance society necessarily a bad thing if it fightscorruption? And how successful have e‐government programmes been infighting corruption? They explore options for activism by youth and musiciansonline, as well as the art of using visual evidence to expose delusions of power.By focusing on individual cases or stories of corruption, the country reports takea practical look at the role of the internet in combating corruption at all levels.GISWatch is published annually and is a joint initiative by the Association forProgressive Communications (APC) and the Humanist Institute for Cooperationwith Developing Countries (Hivos).Global Information Society Watch2012 Reportwww.GISWatch.org