ATI, Social/Economic Rights,

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ATI, Social/Economic Rights, Development

• Rob Jenkins
• Professor of Political Science
• University of London
• r.jenkins_at_bbk.ac.uk

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Two points re linkage between ATI and
Social/Economic Rights

• Accountability systems are the key point of
  interface between ATI realizing soc/econ rights
  (ie, Human Development)
• Sector-specific information regimes, linked
  (via statute) to accountability institutions, are
  needed to help realize social/econ rights.

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Point No. 1How ATI Supports Soc/Econ Rights
(Via Accountability Systems)
Accountability Systems (Regulatory
agencies, Oversight institutions, Elections/electi
on commissions)
Access to Information
Realizing Soc/Econ Rights
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First ArrowATI --gt Accountability

• Information is built-in to definition of
  accountability, which has 2 parts
• Answerability requiring power holders to account
  for actions (to specialized bodies AND to public)
  
• Implies power-holders sharing basic information
  about actions (official documents)
• But also requires them to engage in public
  reason-giving, justifying decisions/actions in
  light of official documentary record.
• Enforcement permitting sanctions against power
  holders if performance/justifications found
  wanting.

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Second ArrowAccountability Systems --gt Soc/Econ
Rights

• Accountability systems are key mechanisms for
  operationalizing soc/econ rights
• They prevent human development deprivations
  (another way of conceiving soc/ec rights)
• Where rights are not respected, an accountability
  institution has failed
• Horizontal parliamentary oversight, human rights
  commissions, anti-corruption bureaux
• Vertical Elections, civil society pressure.

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Point No. 2 For ATI to Enhance Accountability
(and thus Improve Human Development)

• Sector/Policy-Specific Info Regimes are
  Critical
• Sector/Policy-Specific Info Regimes Should be
• Built into the Sector/Policy Legislation
• Highly-detailed (re what information, from whom,
  when released, how to be used)
• Linked to Accountability Institutions that
  Include People in Direct / Hybrid /
  Diagonal Mode

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Illustrating the Point A Story in Two Acts

• Two cases from India
• Best Practice National Rural Employment
  Guarantee Act (NREGA) 2005
• (Possibly) Worst Practice Special Economic Zone
  Act 2005
• Both Passed in Same Year as Indias Breakthrough
  Right to Information Act 2005

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Indias NREGA, 2005

• Flagship Government Initiative to Counter
  Jobless Growth
• New Deal Style Employment Program Paving Roads,
  Building Schools, Digging Irrigation Canals
• Guarantees 100 days work to poor rural households
  (making it a justiciable right)
• ATI is Central to Schemes Operation (because RTI
  Activists Crafted Act/Scheme)
• RESULT Despite Inevitable Problemsa Huge Step
  forward for protecting vulnerable people

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Learning from Best PracticeFeatures of NREGA
Info Regime

• Info Available at All Program Stages
• Worker Registration --gt Auditing of Completed
  Works
• Specialized IT Platform to Manage Information
  Flow
• Facilitates Access, Reduces Scope for Tampering
• Ensures Clarity Re Formats of Information and
  Level of Detail Required
• Info Availability Directly Linked to
  Accountability Institutions
• Requirement that Information be Collectively
  Verified by Local Government Popular Assemblies

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Indias SEZ Act, 2005

• Goal Increase FDI/Trade/Growth by Creating
  Duty-free Enclaves with lighter-than-usual
  regulations
• Facilitates Private Developers to Acquire Land
  and Obtain Administrative Clearances to Develop
  Infrastructure Requirements
• RESULT Policy (and especially Implementation)
  Hugely Controversial
• Charges of corruption widespread and plausible
• Activist confrontations with police have resulted
  in numerous deaths

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Learning from Worst PracticeFeatures of SEZ
Act, 2005

• Unlike NREGA, no ATI Provisions (let alone Info
  Regime)
• ATI Missing at All Stages of Policy
  implementation
• Approval of Projects / Development of Zones
• Actual Governance of Zones Once Up and Running
  (very worrying for what are industrial townships)
• Unlike NREGA, no direct links to Accountability
  Institutions
• Actually detaches Special Zones from Ordinary
  Accountability Systems

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Conclusion

• Accountability systems crucial to realising
  social/economic rights (ie human development
  improvements)
• ATI is a necessary part of making accountability
  institutions work better
• To improve accountability systems (and thus human
  development), ATI must be designed into legal
  framework underlying sector/policy work.