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61. Multiple Doors to Justice in Kenya: Engaging Alternative Justice Systems

Author:
Susan Lee
Publication Date:
12-2023
Content Type:
Special Report
Institution:
Center on International Cooperation (CIC)
Abstract:
People-centered justice means putting people and their justice needs at the center of justice systems and services. This entails broadening the pathways through which justice problems may be solved, improving the quality of peoples’ justice journeys, and investing in justice to prevent as well as resolve justice problems. Designing people-centered justice journeys also requires us to empower people and communities to act to prevent and address injustices while ensuring access to services by simplifying processes, supporting alternative pathways, and tailoring services to needs. This report profiles the development and implementation of Kenya’s Alternative Justice Systems (AJS) Policy to capture and share good practices from this people-centered approach. Through a review of relevant literature and interviews with key stakeholders from government, civil society, and development partners, this paper: Briefly covers historical and sociopolitical context from which the AJS Policy arose; Details the AJS Policy framework; Examines impacts and challenges in the early stages of policy implementation; and Highlights key takeaways for other countries and stakeholders interested in engaging customary and informal justice systems. It further explores Kenya’s experiences to provide governments, judiciaries, development partners, and civil society stakeholders ideas for integrating people-centered justice approaches in their own contexts.
Topic:
Accountability, Justice, Peacebuilding, and Alternative Justice Systems (AJS)
Political Geography:
Kenya and Africa

62. Oversight and Accountability to Improve Security Sector Governance in Africa

Author:
Dan Kuwali
Publication Date:
09-2023
Content Type:
Policy Brief
Institution:
Africa Center for Strategic Studies
Abstract:
The security sector is equally subject to the law and oversight institutions as any other public agency. Weak security sector oversight institutions inhibit security sector professionalism in Africa. Stronger internal and external oversight is an essential element of enhancing security sector effectiveness. Security organs should construct institutional frameworks that nurture professionalism and a consistent apolitical posture. When security actors allow themselves to become politicized, they erode the credibility of security institutions among the population and can themselves become a security threat to citizens.
Topic:
Security, Governance, Accountability, and Professionalism
Political Geography:
Africa

63. Analysis of the Implementation of Auditor General's Recommendations in Local Governments to Enhance Accountability

Author:
David Andrew Omona, Isaac Katono, Jeremy Waiswa, Maurice Olobo, Alfred Wonyaka, and Simon Peter Mukisa
Publication Date:
12-2023
Content Type:
Research Paper
Institution:
Advocates Coalition for Development and Environment (ACODE)
Abstract:
This research paper presents the findings of the study on the status of implementation of the Auditor General’s (AG’s) recommendations in Local Governments (LGs) in Uganda. In implementing their mandates, local governments are expected to ensure compliance with existing laws and guidelines. As such, the Local Governments, through the National Performance Assessments conducted by the Office of the Prime Minister, are assessed on their level of compliance and accountability. The findings noted that contrary to the other requirements beyond the timely submission of information to the Permanent Secretary/ Secretary to the Treasury, the status of implementation of the Internal Auditor General and the Auditor General’s findings from the previous financial years remains a challenge for most Local Governments. It is on this basis that this study was conceptualised. The main objective of the study was to analyse the level of implementation of the Auditor General’s recommendations in local governments to enhance accountability. Specifically, the study sought to: (a) Establish the status of implementation of the Auditor General’s recommendations in selected districts, (b) Establish the status of Action on Parliament’s resolutions on District Local Governments (DLGs), Auditor General’s recommendations, (c) Examine challenges that affect the implementations of the Auditor General’s recommendations at District Local Governments and Parliament levels and (d) Make proposals to improve on the level of implementation and enforcement of the Auditor General’s recommendations. The study has important implications for promoting transparency, accountability, and good governance in local governments in Uganda. The methodology used in the study was generally qualitative in nature. Districts, Ministries Departments and Agencies were selected using maximum variation sampling, and the persons therein were selected using a purposive sampling strategy. Data was collected using document analysis, interviews, and focus group discussions with people at the entities under study. The data collected was analysed through examination, transcription, editing, and analysis of the qualitative data obtained from the field and facilitated by Atlas ti. Software and content analysis enabled a deeper exploration of the themes and narratives emerging from these qualitative data sources. In addition, the study was limited to 16 districts, including Amuria, Amuru, Arua, Gulu, Hoima, Kabarole, Kabale, Kaliro, Lira, Luwero, Mbarara, Moroto, Mukono, Sheema, Tororo, Wakiso, and select Ministries Departments and Agencies.
Topic:
Governance, Accountability, Transparency, Compliance, Local Government, and Implementation
Political Geography:
Uganda and Africa

64. Laying Foundations for Civic Engagement and Government Accountability in Guinea (2011-2020)

Author:
Natural Resource Governance Institute
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
Natural Resource Governance Institute
Abstract:
When President Alpha Condé took office after Guinea’s first democratic election in 2010, he promised to reform the country’s mining sector. Following decades of sector mismanagement and corruption, Guinea introduced a new mining code in 2011 (later amended in 2013) and, in 2012, the government committed to implementing the Extractive Industries Transparency Initiative (EITI) Standard and reviewed 19 mining contracts signed by previous administrations. This reform effort precipitated a significant expansion of the industry: investments picked up and bauxite exports rose, and mining revenues grew. Despite progress, and because of the speed of mining expansion, communities in mining areas experienced increasingly negative impacts from the industry. Their interests went unaddressed; the government had been slow to implement key regulations aimed at protecting them. As a result, 2016 saw uprisings in key bauxite-producing areas. In addition, civil society engagement on extractive issues was weak and fragmented; citizens, activists and journalists lacked crucial information and were ill-equipped to engage on key governance issues.
Topic:
Government, Natural Resources, Governance, Accountability, and Civic Engagement
Political Geography:
Africa and Guinea

65. Performance and Accountability: A Case of Bhutanese Civil Service

Author:
Singay
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Journal of Bhutan Studies
Institution:
Centre for Bhutan & GNH Studies (CBS)
Abstract:
There has been substantial research undertaken on the performance management system (PMS) and accountability. Despite a recent increase in the literature on PMS and accountability, far less research has been carried out on the impact of the PMS in strengthening accountability in Bhutanese civil service. As a result, critical gaps exist between PMS and actual practice in strengthening the accountability of Bhutanese civil servants in the field. To fill this gap, this study set out to examine the impact of the PMS in strengthening accountability in the Bhutanese civil service. This study uses interviews and content analysis of the annual reports to answer the research questions. Results showed that agencies introduced various systems to strengthen accountability, such as accountability initiatives, performance-based accountability, and effective disciplinary regime. However, interview data indicated that the current PMS failed to strengthen accountability in the Bhutanese civil service. A possible explanation for these results may be the lack of fair and reasonable measurement tools, the priority level of accountability, and supervisor accountability. Policy recommendations for strengthening accountability and suggestions for future research are provided.
Topic:
Accountability, Performance Evaluation, and Civil Services
Political Geography:
South Asia and Bhutan

66. Gearing Up the Fight Against Impunity: Dedicated Investigative and Prosecutorial Capacities

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
03-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Holding perpetrators to account for the worst crimes known to humanity is one of the most important responsibilities of the community of nations in the 21st century. Notwithstanding the appalling nature of atrocity crimes, most perpetrators do not face justice. Specialized investigative and prosecutorial units, however, offer a ray of hope in this otherwise bleak justice landscape. Such units now operate in several countries around the world, including Argentina, Bosnia and Herzegovina, France, and Germany. This report, which was prepared jointly by ICTJ and the Foundation for Human Rights emerges from efforts to persuade the South African government to create a dedicated capacity to investigate and prosecute apartheid-era crimes, which have been long neglected. The report considers ways of gearing up the fight against impunity for serious international crimes and crimes of the past. It compares countries that leave atrocity crimes to the general administration of justice and those that adopt a specialized or dedicated approach. Specialized prosecutorial and investigative capacities are entities that focus exclusively on a particular category of crimes. While specialized units vary in size, structure, staffing, and operations, innovations such as prosecution-led investigations and bringing multi-disciplinary skills under one roof, make them considerably more effective than a generalized approach. The report provides a high-level audit of specialized units in 23 countries. It considers different models of domestic dedicated investigative and prosecutorial approaches and analyses their track records. Eleven case studies contrast countries with specialized units and those without. The report examines certain features that characterize specialized units, including their structure, composition, operations, and relationships with civil society and other entities. It analyzes the main challenges faced by the units including political dynamics, accessing evidence, and victim support. The report includes an overview of recent efforts by various specialized units to deliver criminal accountability for serious crimes committed in Syria. It concludes with recommendations on how to make specialized units more effective.
Topic:
International Law, Reform, Criminal Justice, Accountability, and Atrocity Prevention
Political Geography:
Uganda, Kenya, Africa, Europe, Middle East, Argentina, South America, Balkans, North Africa, Syria, Tunisia, Peru, and South Sudan

67. AI Audit-Washing and Accountability

Author:
Ellen P. Goodman
Publication Date:
11-2022
Content Type:
Working Paper
Institution:
German Marshall Fund of the United States (GMFUS)
Abstract:
We are still some distance from a worldwide robot takeover, but artificial intelligence (AI)—the training of computer systems with large data sets to make decisions and solve problems—is revolutionizing the way governments and societies function. AI has enormous potential: accelerating innovation, unlocking new value from data, and increasing productivity by freeing us from mundane tasks. AI can draw new inferences from health data to foster breakthroughs in cancer screening or improve climate modeling and early-warning systems for extreme weather or emergency situations. As we seek solutions to today’s vexing problems—climate disruption, social inequality, health crises—AI will be central. Its centrality requires that stakeholders exercise greater governance over AI and hold AI systems accountable for their potential harms, including discriminatory impact, opacity, error, insecurity, privacy violations, and disempowerment. In this context, calls for audits to assess the impact of algorithmic decision-making systems and expose and mitigate related harms are proliferating1 , accompanied by the rise of an algorithmic auditing industry and legal codification. These are welcome developments. Audits can provide a flexible co-regulatory solution, allowing necessary innovation in AI while increasing transparency and accountability. AI is a crucial element of the growing tech competition between authoritarian and democratic states—and ensuring that AI is accountable and trusted is a key part of ensuring democratic advantage. Clear standards for trustworthy AI will help the United States remain a center of innovation and shape technology to democratic values. The “algorithmic audit” nevertheless remains ill-defined and inexact, whether concerning social media platforms or AI systems generally. The risk is significant that inadequate audits will obscure problems with algorithmic systems and create a permission structure around poorly designed or implemented AI. A poorly designed or executed audit is at best meaningless and at worst even excuses harms that the audits claim to mitigate. Inadequate audits or those without clear standards provide false assurance of compliance with norms and laws, “audit-washing” problematic or illegal practices. Like green-washing and ethics-washing before, the audited entity can claim credit without doing the work. To address these risks, this paper identifies the core questions that need answering to make algorithmic audits a reliable AI accountability mechanism. The “who” of audits includes the person or organization conducting the audit, with clearly defined qualifications, conditions for data access, and guardrails for internal audits. The “what” includes the type and scope of audit, including its position within a larger sociotechnical system. The “why” covers audit objectives, whether narrow legal standards or broader ethical goals, essential for audit comparison. Finally, the “how” includes a clear articulation of audit standards, an important baseline for the development of audit certification mechanisms and to guard against audit-washing. Algorithmic audits have the potential to transform the way technology works in the 21st century, much as financial audits transformed the way businesses operated in the 20th century. They will take different forms, either within a sector or across sectors, especially for systems which pose the highest risk. But as algorithmic audits are encoded into law or adopted voluntarily as part of corporate social responsibility, the audit industry must arrive at shared understandings and expectations of audit goals and procedures. This paper provides such an outline so that truly meaningful algorithmic audits can take their deserved place in AI governance frameworks.
Topic:
Science and Technology, Cybersecurity, Democracy, Regulation, Accountability, and Artificial Intelligence
Political Geography:
Global Focus

68. Direct Democracy: Changing Contexts and Trends in Asia

Author:
Francisco A. Magno
Publication Date:
08-2022
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
In this issue briefing, Dr. Francisco A. Magno, Director of the Jesse M. Robredo Institute of Governance at De La Salle University, provides an overview and analysis of the seven country case studies included in ADRN’s Working Paper Series on Direct Democracy in Asia. Magno highlights the disparity between theoretical legal frameworks for direct democracy and the actual implementation of said initiatives across three categories of democratic mechanisms: formal direct democratic mechanisms, namely referendums, recalls, and petitions; participatory planning and budgeting mechanisms; and platforms for digital citizen engagement. He concludes that, though new trends in formal and informal citizen participation are promising, direct democracy is being stifled by the dominance of existing representative democratic systems and officials, and the participation of civil society in governance is often only nominal in nature. Asian democracies will need to achieve a better balance between representative and direct democracy if they aim to genuinely pursue democratic ideals.
Topic:
Science and Technology, Democracy, Accountability, Participation, and Direct Democracy
Political Geography:
Asia

69. Justice Options for Ethiopia: Eight Options to Provide Redress for Ethiopia's Victims

Author:
Sarah McIntosh
Publication Date:
10-2022
Content Type:
Special Report
Institution:
Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum
Abstract:
The most recent conflict in Ethiopia has claimed thousands of lives and perpetrators have enjoyed almost complete impunity for their crimes. Ɣ Justice and accountability for perpetrators on all sides are desperately needed to demonstrate that perpetrators will not escape punishment, to provide recognition and repair to victims, and to promote social healing and reconciliation. Ɣ Ethiopian civil society representatives have called for the full spectrum of transitional justice mechanisms including criminal accountability, reparations, truth telling, and guarantees of non-recurrence.
Topic:
Civil Society, Transitional Justice, Impunity, Accountability, Atrocities, and Armed Conflict
Political Geography:
Africa, Ethiopia, Eritrea, East Africa, and Tigray

70. One world, many knowledges: Epistemological pluralism and African scholarship (Full Issue)

Author:
Moliehi Ramonate, Nnaemeka Ohamadike, Helen Acton, Malvern Kudakwashe Marewo, Senzo Ncube, Nene-Lomotey Kuditchar, Ross Harvey, Terence Corrigan, Kendra Connock, Jordan McLean, and Laura Rubidge
Publication Date:
10-2022
Content Type:
Journal Article
Journal:
The Africa Governance Papers (TAGP)
Institution:
Good Governance Africa (GGA)
Abstract:
This issue reflects something of the journal’s multi- and interdisciplinary ambitions, with articles employing a range of research methodologies and looking at very different topics in Lesotho, Zimbabwe and South Africa, as well as broader-ranging issues in West Africa and the continent.
Topic:
Politics, Governance, Research, Populism, Maritime, Accountability, Innovation, Oversight, Pluralism, Epistemology, and Traditional Leaders
Political Geography:
Africa, South Africa, and Zimbabwe