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151. Part I: (Un)Accountability for Torture

Author:
Elizabeth Grimm Arsenault
Publication Date:
06-2019
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
With the nomination and eventual appointment of Gina Haspel to the directorship of the Central Intelligence Agency (CIA), debates around the legality and the morality of the torture program undertaken during the early years of the War on Terror resurfaced. Some editorials asserted that condoning torture was now a roadmap for promotion at the CIA. Others, including former senior leaders of the CIA, argued that none could lead the Agency better than Haspel and claimed she was a person of integrity. Yet, amid the debates about her leadership of the Agency loomed two larger questions: 1) who is most responsible for the torture program, and 2) what does accountability mean? In the balancing act between the demands of justice and the imperatives of national security, how can we best ensure that the right people are held accountable for the U.S. torture program? Forceful repudiations of the program did occur through both internal agency proceedings as well as in the form of checks and balances across the federal government, but the public view of torture has changed in the almost two decades since 9/11. This shift is significant because U.S. popular opinion against the torture program a decade ago significantly contributed to pushback against it, pushback that manifested in the accountability measures detailed below. In the absence of public opposition, accountability measures will be more elusive.
Topic:
Intelligence, Torture, War on Terror, and Accountability
Political Geography:
Middle East, North America, and United States of America

152. War Crimes and Punishment: The Terrain Compound Attack and Military Accountability in South Sudan, 2016–18

Author:
Flora McCrone
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
Small Arms Survey
Abstract:
On 11 July 2016, government forces stormed Terrain, a residential compound in Juba, South Sudan. Systematic violence, looting, and vandalism ensued—including one fatality, multiple incidents of rape and torture, as well as destroyed property. War Crimes and Punishment: The Terrain compound attack and military accountability in South Sudan, 2016–18, a Briefing Paper from the Small Arms Survey’s Human Security Baseline Assessment for Sudan and South Sudan (HSBA) project, examines both the attack and the subsequent special court martial that followed from May 2017 to September 2018. Despite the SPLA’s sub-par record of providing justice for victims of war crimes, the paper finds that when certain individuals and their interests align, accountability can be achieved through formal justice mechanisms.
Topic:
War Crimes, Conflict, Accountability, and Justice
Political Geography:
Africa, Sudan, and South Sudan

153. Lessons Learned from the First Generation of UN Investigative Mechanisms for Future Criminal Accountability: Considerations for CSO engagement with the United Nations Independent Investigative Mechanism for Myanmar

Author:
Ferencz International Justice Initiative
Publication Date:
09-2019
Content Type:
Special Report
Institution:
Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum
Abstract:
1. The struggle for justice and accountability in Burma/Myanmar (hereinafter Myanmar1 ) has reached a milestone. Until now, concrete steps to address impunity for the most serious international crimes committed by the military—including well-documented patterns of mass atrocities indicating war crimes, crimes against humanity and genocide—have largely been ad hoc, partial, or symbolic. In 2018, however, Member States of the United Nations (UN) Human Rights Council took the extraordinary step to pursue justice and accountability with the establishment of the Independent Investigative Mechanism for Myanmar (IIMM). While there is no guarantee that the IIMM process will lead to meaningful accountability, it provides the best chance to date. The engagement of CSOs with the IIMM will be an essential part of the process. 2. This Report is designed primarily to inform and assist CSOs from Myanmar that may wish to engage with the IIMM. Based on desk research and interviews with UN staff and CSOs working with similar mechanisms in other contexts, the Report aims to help CSOs from Myanmar better appreciate what to expect in terms of the risks, benefits, and the various forms of engagement with the IIMM. The Report can also assist IIMM staff to build the best possible relationship with CSOs from Myanmar. 3. The Ferencz International Justice Initiative consulted UN staff and civil society activists working at, or engaged with, the following investigative mechanisms (collectively referred to as “the Mechanisms”) 2 : • Syria: The International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes Under International Law Committed in the Syrian Arab Republic Since March 2011 (Syria IIIM); • South Sudan: The Commission on Human Rights in South Sudan (CHRSS); and • Iraq: UN Investigative Team for Accountability of Da’esh (UNITAD)
Topic:
Security, United Nations, Accountability, Justice, Investigations, and Protection
Political Geography:
Southeast Asia, Myanmar, and Global Focus

154. User-Centred Design and Humanitarian Adaptiveness

Author:
Sofya Bourne
Publication Date:
04-2019
Content Type:
Special Report
Institution:
ALNAP: Active Learning Network for Accountability and Performance
Abstract:
Gathering and acting on feedback from affected communities is a key means to identify potential triggers for change during the design and implementation of humanitarian programmes. This study is focused on user-centred design (UCD), an approach often used outside the humanitarian sector to design products and services that are tailored to the needs and preferences of end-users and are created with the users’ involvement in the design process. Because UCD is meant to facilitate a structured, quick, and iterative design process that is oriented towards the perspectives of users, it has the potential to help humanitarian organisations design programmes that are more responsive to the needs of affected people, i.e. more user-centred, which in turn could support greater adaptiveness of humanitarian programmes. But can the benefits of UCD hold when this approach is applied in the context of the contemporary humanitarian system? This case study seeks to explore the utility, applicability and effectiveness of UCD in supporting humanitarian adaptiveness, and to understand whether UCD can enable humanitarian actors to be more adaptive, or whether these organisations need to have well-developed adaptive capabilities to be able to apply UCD in a way that facilitates different types of adaptiveness in their responses.
Topic:
Accountability, Participation, Adaptation, WASH Projects, and Humanitarian Response
Political Geography:
Global Focus

155. Citizen Experiences and Challenges in Bringing Transparency and Accountability to Local Governments in Southern Mexico

Author:
Carlos García Jiménez
Publication Date:
02-2019
Content Type:
Special Report
Institution:
Accountability Research Center (ARC), American University
Abstract:
Despite Mexico’s constitutional provisions for transparency, accountability, and citizen oversight of government practice, in Guerrero—a southern state of Mexico which has historically fluctuated between periods of peace and violence—the entrenched elite continues to dominate. Nonetheless, grassroots citizens’ groups have been working against the current. With the accompaniment of the Universidad Campesina del Sur (The Peasants’ University of the South, or Unicam-Sur), a local organization that promotes alternative rural education and participatory research), they have been promoting and positioning these new concepts and practices of government. Citizen action for accountability continues, in spite of persistent practices of bad governance that include indifference towards citizen proposals and the use of the “fear factor” as a means of social intimidation. Modest citizen accomplishments—on issues of transparency in public works and the opening up of local municipal council meetings to citizen participation, for example—have opened cracks in the centralized and opaque structure of the entrenched elite. Over the last 15 years, these experiences of persistent voluntarism and self-taught citizen literacy, have led to the emergence of a pathway for citizen intervention in public affairs. We can describe the steps of this approach to citizen involvement as follows: 1. Recognizing a problem and building empowerment to tackle it. Citizen groups become involved in problems that affect them and that are related to government action, and commit to changing their situations. The exchange of views about what is and what should be—drives citizens to investigate the causes and consider possible solutions. 2. Exercising the right to know. Drawing on the public transparency laws and following the operating rules of government programs, citizens request and analyze official information, and then compare it to reality. In the process, they learn about the causes of the problems—and possible solutions. 3. Monitoring and social oversight over public affairs. In light of the information obtained, the group then organizes to monitor the government action. With their evidence and arguments in hand, citizens approach government officials to correct their actions and address the problem. This type of citizen action sometimes leads to clear information about the project, course corrections, or project completion. 4. Public policy advocacy. After evaluating the progress made, citizens conclude that to prevent the problem from recurring, flawed public policies or programs need to be changed, along with their decision-making and implementation processes. In order to engage the authorities in a dialogue among equals, communities must advance to a higher level of organization, knowledge, citizen education and training. These citizen intervention processes have resulted in modest outcomes and the construction of a basic level of citizenship. Nonetheless, they have not carried over into permanent forms of citizen involvement because of the prevalence of adverse governmental conditions and the lack of essential resources for keeping these initiatives alive. These experiences are highly localized and focused on specific situations. However, they can inform similar citizen-led processes elsewhere and inspire citizens to build sustainable initiatives that promote transparency and accountability in local governments. The historic victory of the anti-establishment coalition (led by President Andrés Manuel López Obrador) in Mexico’s 2018 election, signals the start of a more favorable context for these citizen initiatives.
Topic:
Government, Citizenship, Accountability, Transparency, Oversight, and Empowerment
Political Geography:
North America and Mexico

156. Setting the Stage for Increased Accountability: The White Ribbon Alliance Nigeria Campaign to Improve Maternal, Newborn, and Child Health in Niger State

Author:
Rachel Sullivan Robinson
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Accountability Research Center (ARC), American University
Abstract:
Most African governments have made extensive commitments to provide primary health care to their citizens; in many cases these commitments date from the post-independence era, but have been reinvigorated in response to the Millennium and Sustainable Development Goals. Yet poor service delivery plagues the health care systems of many African countries, in particular affecting women and children who depend on local health centers for prenatal and basic primary care. One route to improving such care is through holding government accountable for its health care promises. But in many of these contexts, democracy is fragile and civil society is weak, leaving few institutions for holding government to account. In these contexts, can external actors support such pro-accountability change? This accountability note begins to answer this question with reference to White Ribbon Alliance Nigeria’s campaign to improve maternal, newborn, and child health in Niger State. Campaign activities promoted citizen demand for quality maternal health care and government responsiveness to those demands through advocacy to key health system actors, community dialogues to share information and set strategy, town halls to bring together citizens and government representatives, and the training of a cadre of citizen journalists to expose poor quality health care as well as highlight government responsiveness to citizen demands. This note puts forward four lessons drawn from the campaign’s experiences: 1. In contexts where both civil society and the state lack capacity, campaigns that simultaneously engage government and enable citizens to voice their opinions can increase state government participation in activities that increase accountability. 2. Compromise over the meaning of “accountability” can both facilitate and constrain progress towards accountability. 3. Where citizens desire more from government and are willing to demand services, campaigns can facilitate events where citizens learn about their rights, devise strategies for achieving them, and engage with government representatives. 4. Where citizens are willing and able to challenge government, campaigns can train citizen journalists to report on accountability failures. The analysis is based on more than 40 interviews conducted in 2017 and 2018 with relevant actors in Niger State as well as a review of campaign and government documents. Although an impact of the campaign on health care utilization is not yet visible, the campaign has convinced the previously reticent state government to engage with citizens, and anecdotal evidence suggests improvements to health care facilities in response to town halls and citizen journalist reports. The government has also invited White Ribbon Alliance Nigeria to train all of the state’s local health committees responsible for oversight of primary health care facilities, demonstrating how collaboration has created a pathway towards greater accountability. Taken together, these findings support the proposition that external actors can play a vital role in supporting and magnifying citizen demands for better health care while simultaneously enabling government responsiveness to those demands, thus laying the groundwork for greater accountability.
Topic:
Civil Society, Health, Children, Women, Accountability, and Public Health
Political Geography:
Africa and Nigeria

157. The Women of Caltongo Who Opened the Government’s Doors: Social Accountability at the Edge of Mexico City

Author:
Daniela Rea
Publication Date:
12-2019
Content Type:
Special Report
Institution:
Accountability Research Center (ARC), American University
Abstract:
The government’s plans to repair a central avenue in the Mexico City neighborhood of Caltongo brought together a group of women of diverse ages and backgrounds who were concerned about the government’s corruption and its lack of public consultation and transparency. They began to organize themselves, forming the group Caltongo Organized, and with the help of the civil society organization ControlaTuGobierno, they accessed government budget and contract information and learned about laws and regulations. They educated their fellow community members, advocated for the community’s concerns to be taken into account, and monitored the execution of the road project, which allowed them to successfully engage with government authorities to carry out its responsibilities. In this struggle, they learned that the authorities exist to serve the community; they also learned that information is power. With their struggle, the women of Caltongo sowed the seed of a community organization that seeks to make decisions about their territory and their own lives. This Accountability Note is based on a three-part journalistic series published by Pie de Página on August 19 – 21, 2019. For all the original articles, photos and videos, see Mujeres de Caltongo.
Topic:
Government, Women, Accountability, Transparency, and Community Engagement
Political Geography:
North America, Mexico, and Mexico City

158. Pitfalls of Aiming to Empower the Bottom from the Top: The Case of Philippine Participatory Budgeting

Author:
Joy Aceron
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Accountability Research Center (ARC), American University
Abstract:
This paper explains why and how a reform program that opened up spaces for participatory budgeting was ultimately unable to result in pro-citizen power shifts that transformed governance. The study reviews the design and implementation of Bottom-Up Budgeting (BuB), the nationwide participatory budgeting (PB) program in the Philippines, which ran from 2012 to 2016 under the Benigno Aquino government. The findings underscore the importance of institutional design to participatory governance reforms. BuB’s goal was to transform local government by providing more space for civil society organizations (CSOs) to co-identify projects with the government and to take part in the budgeting process, but it did not strengthen CSO or grassroots capacity to hold their Local Government Units (LGUs) accountable. The BuB design had features that delivered positive gains towards citizen empowerment, including: (1) providing equal seats for CSOs in the Local Poverty Reduction Action Team (LPRAT), which are formally mandated to select proposed projects (in contrast to the pre-existing Local Development Councils (LDCs), which have only 25 percent CSO representation); (2) CSOs identified their LPRAT representatives themselves (as opposed to local chief executives choosing CSO representatives, as in the LDCs); and (3) LGUs were mandated to follow participatory requirements to receive additional funding. However, several aspects of the institutional design shifted power from local governments to the central government. This had a “centralizing effect”– namely: (1) there was a decision to bypass local government’s LDCs and create a new structure that was dependent on the central government; (2) the approval of each proposed project was subject to a tedious bureaucratic process and requirements by the national government which inadvertently created numerous veto players; (3) CSOs were limited to a pre-set menu of options of projects determined by national government agencies; (4) coordination was transferred from the National Anti-Poverty Commission (NAPC) to the Department of the interior and Local Government (DILG), and (5) the design failed to support a strong civil society component with a monitoring system that was well-coordinated, well-integrated, and had effective CSO oversight. This study argues that because of these design problems, BuB fell short in achieving its main political reform agenda of empowering the grassroots—particularly in enabling downward accountability that could have enabled lasting pro-citizen power shifts. It did not empower local civil society and citizens to become a countervailing force vis-à-vis local politicians in fiscal governance. BuB is a case of a reform that provided a procedural mechanism for civil society input into national agency decisions but was unable to improve government responsiveness. It provided civil society with ‘voice’, but was constrained in enabling ‘teeth’. Jonathan Fox (2014) refers to “voice” as citizen inputs, feedback and action, while “teeth” refer to the capacity of the state to respond to voice. Finally, the paper echoes the results of other studies which find that PB programs become successful when complemented by other institutional and state democratic capacity-building reforms and when they are part of a broader progressive change agenda. The BuB experience suggests that to bolster citizen oversight, it is essential to invest sufficient support and resources in citizen empowerment and in creating an enabling environment for citizen oversight.
Topic:
Reform, Budget, Accountability, Participation, and Empowerment
Political Geography:
Philippines and Asia-Pacific

159. Movement-building for Accountability: Learning from Indonesian Women’s Organizing

Author:
Nani Zulminarni, Valerie Miller, Alexa Bradley, Angela Bailey, and Jonathan Fox
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Accountability Research Center (ARC), American University
Abstract:
Perempuan Kepala Keluarga (Women-Headed Family Empowerment, known as PEKKA) is an Indonesian organization whose work is rooted in a vision of women’s collective power and participation for social change. Since 2001, PEKKA has addressed entrenched social exclusion through popular education, intensive leadership development, and social accountability and policy advocacy. Thousands of marginalized women have overcome stigma and entered the public sphere to engage in politically savvy, sustainable collective action. This emphasis on autonomous grassroots voice is grounded in 2,559 village-level cooperatives that are also scaled up to district, provincial and national levels (PEKKA 2017). PEKKA’s combination of national advocacy with grassroots organizing and countervailing power has influenced national social programs and broadened women’s access to the legal system. Improved access to the courts allows women to obtain legal documentation of their own civil status. This allows women to legalize a marriage that was valid under Islamic law or file a divorce case that will enable her to be recognized as the head of her family. The experience of gaining legal documents may build the knowledge and confidence required to obtain a birth certificate for their children, thereby securing opportunities and access to social services, including education, for the next generation. PEKKA engages in cross-sector alliance-building with local government, Islamic authorities, national policymakers, and international development agencies. This creates the political space and legitimacy needed to navigate complex cultural and political dynamics and deflect those forces opposed to public accountability and social inclusion. PEKKA’s grassroots members promote social accountability, monitoring access to services and solving problems through collaborative engagement with authorities—though without using those terms. What makes PEKKA’s approach to social accountability distinctive is its emphasis on building a broad, autonomous social base as the foundation for projecting grassroots women’s voices, combined with its multi-level approach to advocacy. PEKKA takes scale into account by engaging with authorities from the village level to national and international levels. PEKKA’s long-term efforts to build a broad-based organization with more than 31,447 members have brought fresh and reimagined language, analysis, and strategy ideas to the transparency, participation, and accountability (TPA) field. Key lessons from PEKKA’s accountability strategies include the following: 1. Address underlying institutional and cultural causes of social exclusion to create the confidence and space needed for women to exercise their voices and take collective action. 2. Use economic empowerment to build social foundations for autonomous voice and civic engagement. 3. Build countervailing power through action strategies that scale up member voice, leadership skills, and opportunities for participation in all aspects of the work. 4. Produce diverse forms of evidence for multiple audiences to advance advocacy strategies and maximize impact. 5. Cultivate allies and relationships inside and outside government, and at multiple levels, to expand impact and deflect opposition.
Topic:
Social Movement, Women, Accountability, and Community Organizing
Political Geography:
Indonesia and Southeast Asia

160. Educational Accountability or Social Accountability in Education? Similarities, Tensions, and Differences

Author:
Felipe J. Hevia and Samana Vergara-Lope
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
Accountability Research Center (ARC), American University
Abstract:
This article addresses the relationship between the concepts of Social Accountability and Educational Accountability. The analysis of the similarities, differences and tensions between these two different concepts can strengthen citizen participation for educational improvement by identifying the full range of actors and processes in decision making that influence the success or failure of educational policy beyond of the teachers. We encounter two distinctive features involving social accountability mechanisms in the field of education: (1) There are many actors who participate in education, making it difficult to identify precisely who is responsible for key decisions, and (2) In education policy one encounters the concept of educational accountability, which refers to a series of mechanisms to hold schools and teachers accountable for educational outcomes by adopting standardized tests on a widespread basis to motivate change and steady improvement. Are the approaches of social accountability and educational accountability compatible? What are their differences and similarities? What are the effects of these differences when it comes to formulating solutions to the crisis in education? Through a comparative analysis, and looking at the Mexican case in depth, it becomes clear that we have to examine more than the tip of the iceberg. The educational accountability perspective is insufficient and at times counterproductive for educational improvement because it has a series of biases that are centered on the symptoms more than the causes of the structural problems related to low education levels. These biases include (1) Reducing the criteria for assessing the success of education policies to the outcomes of standardized tests, (2) Identifying teachers as the main actors responsible for educational outcomes, without considering other associated factors, such as student characteristics and socio-economic factors, (3) The concentration of negative consequences in the last chain of interaction—teachers and schools—which disproportionately affects students and teachers, and (4) Difficulties in mobilizing citizens around the demand for a better education. The school and the teachers are the main providers of educational services, but their performance is not the only cause of educational outcomes. This is why we need to construct an expanded vision of social accountability in education, based on a human rights perspective all of the actors assume our responsibility inside and outside the schools, to facilitate: (1) The generation of broad and fair criteria of success for evaluating education policy, using various evaluation methodologies and the results to generate formative feedback; (2) To better identify those responsible and their responsibilities, focusing on those factors that improve equity and quality, increase students’ motivation to learn, reduce the burden of the socioeconomic inequalities, and help produce more supportive schools and teachers, and (3) The involvement of citizens to achieve better learning, build relationships based on mutual trust, and complement access to local information with policy monitoring throughout the chain of decision-making.
Topic:
Education, Human Rights, Accountability, Equity, and Community Engagement
Political Geography:
Global Focus