Improving the Functionality of the e-Participation Portal (ME0063)

What public problem does the measure address? This measure responds to the problem of insufficient use of the central state portal for citizens' participation in public policy-making procedures (e-participation). In the annual report on the application of the Regulation on the election of NGO representatives to the working bodies of state administration bodies and the implementation of public hearings in the preparation of laws and strategies for 2020, which was adopted by the Government in December 2021, it is concluded that the e-participation portal was not recognized by by citizens as an expedient tool through which dialogue with state administration bodies can be conducted. The e-participation service has been active on the e-administration portal since March 18, 2019. It was conceived as a central state portal that enables a more transparent and easier process of involving citizens, civil society and other representatives of the interested public in open public consultations in the process of adopting public policy acts in accordance with the current regulation. In the course of 2021, a mobile version of the e- participation portal was provided with the aim of getting the public interested in greater use of this system, which primarily serves information as well as more transparent participation of citizens in the creation of public policies. Although public institutions regularly use the portal to conduct consultations and public debates, it has not yet achieved its primary purpose, i.e. increasing citizens' interest in participating in the creation of public policies. This is also indicated by the fact that in 2020 only one comment from the interested public was submitted through this portal, and in 2021 only 4 comments. In the same report, it is stated that it is necessary to create an analysis of the e- participation portal, on the basis of which the reasons for the non-functionality of this platform will be determined and recommendations for its improvement and wider use will be given. All this points to the need for additional analysis, review and improvement of the functionality of this portal in order to develop it into an optimal tool that authorities will use for communication with citizens. Additionally, according to UNDP's analysis, gender-sensitive statistics on the adoption of existing e-services are not kept for the e-government portal. During the establishment of the e-government portal, gender was not defined as mandatory information during user registration. Although the obligation to enter data on gender was subsequently introduced, as a consequence of this initial practice, the gender of even 75% of users is still unknown, while the gender distribution of the remaining number of users is approximately uniform. That is why, in accordance with the recommendations of the OGP, it is necessary to improve the gender-sensitive statistics of users of the e-participation portal, i.e. e- administration.

What does this measure entail? The measure includes analysis and adaptation of content with an emphasis on the development of more advanced functionalities of the e-participation portal in order to enable easier and effective use of this digital tool for strengthening citizen participation (including easier submission of comments, as well as receiving responses from the ministry online). It is also planned to conduct pilot public hearings using the new functionalities of e-participation as a form of practical training of competent state administration bodies and the creation of examples of good practice as an incentive for the application of new standards of public involvement and cooperation with NGOs in the drafting of laws and strategies.

In what way does the measure contribute to the solution of the identified public problem? Improving the functionality of the e-participation portal is expected to facilitate the monitoring of public hearings and consultations, but also to improve the quality of communication of the results of public hearings, that is, the responsiveness of institutions to the comments of representatives of the interested public. This could finally give an additional impetus to greater use of the portal and stronger participation of citizens in the creation of public policies.

Why is this measure relevant in relation to the values promoted through the OGP initiative? By further improving the functionality of the e-participation portal, the public will be provided with even better access to information about open and conducted public hearings, and it will facilitate the participation and potential influence of citizens, civil society and other actors on the adoption of public policies. Also, through greater availability of information on the results of public hearings, accepted and unaccepted comments, as well as statistics on the conduct of public hearings by ministries/public institutions, the responsibility and responsiveness of institutions in decision-making processes on matters of public interest will be further strengthened.

Additional information This measure is complementary to the goals and activities of the Public Administration Reform Strategy 2022-2026, especially with activity 5.1.19. which is aimed at the effective use of e-platforms for public participation in the creation of public policies. The added value of this measure is in the activity of analyzing the functionality of e-participation in relation to comparative international experiences and good practices of using portals for e-counseling, in contrast to activity 5.1.19. which plans to focus on the analysis of the reasons for non-use of the portal by citizens, civil society and the wider professional and interested public. Also, the measure is complementary to operational goal 1. Strategy of cooperation between state administration bodies and non-governmental organizations 2022-2026 (Improvement of the existing normative and strategic framework for long-term partnership with non-governmental organizations) and related measures 1.3. where one of the indicators stands out as an increase in the average number of legal and natural persons who submitted comments through the e-participation portal according to the consulted draft regulations. The measure is harmonized with measure 1.3. Cooperation strategies of state administration bodies and non-governmental organizations "Strengthening the capacity of public administration for effective participation of non-governmental organizations in the preparation and implementation of public policies" with an emphasis on activity 1.3.1 Conducting trainings for officials on the involvement of non-governmental organizations in the preparation of regulations and public policies. Additionally, the measure is compatible with the goals of sustainable development ( Goal 16: 'Peace, justice and strong institutions' - 16.6 - Develop efficient, accountable and transparent institutions at all levels; 16.7 - Ensure appropriate, inclusive, participatory and representative decision-making at all levels ).

Budget 26.000EUR

Activities

1.1. Create an analysis of the e-participation portal in relation to the comparative most successful international experiences of using the e-portal, on the basis of which the reasons for the non-functionality of this platform will be determined and recommendations for its improvement and wider use will be made. Holder: Ministry of Public Administration, Directorate for Infrastructure, Information Security, Digitization and e-Services in cooperation with the Directorate for Strategic Planning in Public Administration and Monitoring the Implementation of Strategic Documents. Indicators of activity realization: - created an analysis of the e-participation portal with a comparative review of portals with the best practices of e-counseling according to OECD and UN reports - prepared recommendations for improving the functionality of e-participation Required financial resources: EUR 5,000 Source of funding: Budget of Montenegro, donor funds January 2023 - June 2023

1.2. Adjusting the structure and content of e-participation for easier monitoring of public discussions and consultations by area and comments by users Holder: Ministry of Public Administration, Directorate for Infrastructure, Information Security, Digitization and e-Services, in cooperation with the Directorate for Strategic Planning in Public Administration and Monitoring the Implementation of Strategic Documents Activity realization indicator: - adapted structure and content of e-participation with easier review and search of open/closed discussions and consultations by area - adapted structure and content of e-participation with easier submission of comments and monitoring of received comments by users Required financial resources: 10,000 EUR Source of funding: Budget of Montenegro, donor funds July 2023 - December 2023

1.3. Develop more advanced functionalities of statistics on conducted discussions/consultations in e-participation Holder: Ministry of Public Administration, Directorate for Infrastructure, Information Security, Digitization and e-Services in cooperation with the Directorate for Strategic Planning in Public Administration and Monitoring the Implementation of Strategic Documents Activity realization indicator: - developed more advanced statistics on discussions/consultations conducted in e- participation, in accordance with the methodology of the annual report on the application of the Regulation on the election of NGO representatives to the working bodies of state administration bodies and the implementation of public hearings in the preparation of laws and strategies - incorporate statistics functionality on the demographic overview of e- participation usage, including gender, sex, age, location of the user Required financial resources: EUR 5,000 Source of funding: Budget of Montenegro, donor funds July 2023 - December 2023

1.4. Test the new functionalities of e-participation on three selected "pilot" proposals for laws or strategies Holder: Ministry of Public Administration, Directorate for Infrastructure, Information Security, Digitization and e-Services in cooperation with the Directorate for Strategic Planning in Public Administration and Monitoring the Implementation of Strategic Documents, State Administration Bodies Activity realization indicator: - conducted three pilot public hearings using the new functionalities of e- participation, in cooperation with competent state administration bodies that will be included in the pilot testing Required financial resources: EUR 6,000 Source of funding: Budget of Montenegro, donor funds January 2024 April 2024

Action Plan Review

Commitment 1. Improve the functionality of the e-participation portal

● Verifiable: Yes

● Does it have an open government lens? Yes

● This commitment has been clustered as: Participation of citizens (Commitments 1, 2, and 3 of the action plan)

● Potential for results (cluster): Substantial

Commitment cluster 1: Participation of citizens

Lead agencies: Ministry of Public Administration, Parliament of Montenegro

For a complete description of the commitments included in this cluster, see Commitments 1, 2, and 3 in Montenegro’s 2022-2024 action plan here.

Context and objectives:

Under this cluster, the Ministry of Public Administration (MPA) aims to improve the functionality of Montenegro’s e-participation portal, improve public hearings, and educate the public about opportunities to participate in policy-making. Montenegro’s e-participation portal is part of its general e-government portal. [1] The previous action plan (2018-2021) included a commitment to post at least 60 calls for public consultations on the portal annually. While the targets were largely met, the use of the portal by public institutions remained uneven, and the government’s responsiveness to the public did not noticeably improve. [2] From the IRM researcher’s review of the portal, since the beginning of 2023, public institutions have prepared only six reports out of the 22 consultations and only a small number of citizens participated in these consultations.

Civil society points to underlying reasons for limited public participation in Montenegro, including a lack of trust toward government processes, a lack of government outreach to the public, a lack of public knowledge about available participation opportunities, and a lack of meaningful feedback from the government to citizens that would motivate more participation. [3] Stakeholders note that the government often disregards their comments, which disincentivizes them from using the portal. Moreover, an independent expert says that the e-participation portal is not interactive, and participants cannot see each other’s comments during active consultations. [4] The comments, where they exist, are listed in PDF reports.

Under Commitment 1, the MPA will analyze the e-participation portal using international best practices and develop more advanced functionalities based on the findings, including easier submission of comments, and receiving responses from the ministry online. The MPA will also pilot three public hearings using the new functionalities. Commitment 2 involves strengthening the normative framework around public hearings and monitoring user satisfaction with conducted hearings. [5] The commitment also entails reporting on the steps taken by line ministries to include different social groups on which law or strategy may have an impact, and reporting on the number of women's organizations that took part in hearings. Finally, Commitment 3 aims to increase public awareness of the possibilities of participation in policy-making. Its activities include, among others, a national campaign on the possibilities of public participation, workshops on civic activism, a hub for students to research public policies, and informing the public of the possibilities to participate in decision-making through the Parliament’s e-petition platform.

Potential for results: Substantial

By improving the portal’s functionalities (Commitment 1), the MPA could facilitate more participation of citizens, civil society, and other actors when adopting public policies. The new functionalities could lead to better information on the results of consultations, including accepted and unaccepted comments, and improve the responsiveness of public institutions to matters of public interest. Ultimately, this will depend on the actual improvements to the portal, whether more public institutions use the portal, and whether their responses to comments improve. The main added value of this commitment is the comparative analysis of international best practices for e-participation. This implies that the MPA plans to take a more strategic approach to improving online consultations compared to the previous action plan. However, Institut Alternativa is skeptical that new functionalities alone will address the reasons for low participation, such as the limited impact of public consultations on policies and unsatisfactory feedback to CSOs and citizens on their comments and suggestions. [6]

A major problem for public hearings in Montenegro is the lack of oversight by a central government body. According to Institut Alternativa, less than half of all legal acts underwent a public hearing in 2021, even though there is a requirement for hearings to be open for public consultation between 20 and 40 days before the regulation or act can be adopted. [7] Under Commitment 2, the amendments to the government’s Rules of Procedure (initiated at the end of 2022), the MPA will ensure that proposals of ministries that do not comply with the requirements for public hearings are not sent to the government for approval. Given that fewer than half of legal acts currently undergo public hearings, the IRM assesses this commitment as having substantial potential for results. Institut Alternativa believes that this commitment could improve how institutions organize public hearings, potentially making them more impactful on policies. [8] Moreover, the commitment could improve the quality of public hearings, such as through the planned trainings on quality control for state bodies and annual satisfaction surveys of participants. However, annual surveys may not be sufficient to fully understand how satisfied participants were with their involvement in the hearings.

Commitment 3 could improve some of the issues around low public participation in Montenegro, such as digital illiteracy and mistrust of government processes. The sustainability of these activities is difficult to assess, though the modest amount of money allocated to establishing the hub for students may not be proportional to the scope of the activity. A representative of Institut Alternativa mentioned that the MPA previously announced tenders for awareness raising in this area, but these efforts did not lead to lasting results. [9] The representative stressed that the greatest challenge is not a lack of campaigning, but rather the poor functionality of the e-participation portal. Education of citizens alone is unlikely to lead to a rise in participation if it is not accompanied by a cultural shift within public institutions in how they engage citizens.

Opportunities, challenges, and recommendations during implementation

The major challenges to these commitments are the underlying cultural and institutional barriers among citizens and civil servants that have historically limited public participation. While these commitments may not fully reduce these barriers, they are positive steps forward. Learning from international examples of successful e-participation portals could facilitate improvements to Montenegro’s portal.

With a view toward implementation and potential future steps, the IRM recommends the following:

● Consider legally mandating public institutions to use the portal and encourage them to provide adequate responses to comments. To improve public participation in policy-making, it may be necessary to require public institutions to use the e-participation portal and encourage them to respond to comments and suggestions in a reasonable and timely manner. A good example is Croatia’s e-consultation portal, which is legally mandated for state bodies and actively used by citizens. [10] A major deficiency of Montenegro’s portal is that citizens cannot access comments posted while a consultation is still in progress, and the final reports do not state what the comments were about or who they came from. On Croatia’s portal, users can see each comment in real time, and comments are linked to specific parts of the proposed act. Over 150 consultations have been conducted so far in 2023 on Croatia’s portal, most lasting at least one month. Of the closed consultations, most have an accompanying report with the government’s responses to the comments. After a consultation process is finished, the comments and the government responses can be downloaded in Excel format, and the entire process remains visible on the portal.

● Train and educate civil servants on carrying out online consultations. As mentioned, many underlying reasons for low participation in Montenegro stem from the public administration rather than the public. In addition to educating the public on opportunities to participate, the IRM recommends educating and training civil servants on best practices in carrying out consultations. The MPA could consider partnering with the Regional School of Public Administration (ReSPA) for educating and training Montenegrin civil servants. [11]

● Use the demographic statistics to conduct targeted outreach for future consultations. Commitment 1 calls for gathering “more advanced statistics” on e-consultations, including gender, age, and location of the user. The MPA should use these statistics to ascertain which demographic groups are underrepresented in consultations and focus its engagement on these groups. In addition, government bodies could use social media and paid advertising to target specific demographic groups for consultations.

● Consider a holistic approach to reforming citizen engagement in policy-making, beyond online consultations. Functional improvements to the e-participation portal and awareness raising, though useful, may be insufficient to increase citizen engagement. Montenegro could consider a broader reform of how public institutions engage citizens, going beyond online consultations toward deliberative co-creation of policies. For example, Estonia is changing how its ministries engage citizens in policy-making, after recognizing its online consultation platforms did not facilitate meaningful participation. Estonia has used multiple OGP action plans to develop a new online tool for citizens to track the status of initiatives across the policy cycle and participate in different stages of policy-making. [12] The new system will institutionalize citizen engagement in the policy development process, as active participants or as observers who can track progress and provide comments. [13] Montenegro could consider a similar reform across several action plans, depending on the interest among citizens, civil society, and public institutions. Any future reform should focus on closing the feedback loop for citizens after the adoption of policies, for example by publishing a report on the reasoning behind the inclusion or rejection of recommendations.

● Create a “toolbox” with resources, guidance, and models that public institutions can use when engaging citizens. It may be necessary for public institutions to tailor their methods of consulting citizens, depending on the policy in question or the targeted beneficiaries. The MPA could consider creating a “toolbox” with resources and models of online and offline consultation methods that public institutions can borrow from for their own consultations. For example, Estonia is compiling a toolbox of co-creation methods with guides for implementation (part of its broader reform mentioned above). [14] Estonia’s Government Office updates the toolbox regularly, based on lessons learned from implementing the methods in actual policy-making processes. Similarly, in its 2021-2025 action plan, Latvia is encouraging ministries to adopt different formats for public participation to maintain regular dialogue with partners. [15] Latvia’s commitment involves publishing guidance and models of participation with the aim of improving institutional understanding of innovative participation measures.

● Develop clear guidance for public institutions on meeting the legal requirements for public hearings. As part of its oversight responsibilities (Commitment 2), the MPA could publish clear guidelines for public institutions to meet the legal requirements for public hearings. The guidelines could cover how much time must be allocated to the process, who must attend, what information they are required to publish in advance, and instructions on how to conduct roundtables, forums, and presentations. As with e-participation, it will also be important to provide guidance to the public on how to submit comments, and to public institutions on how to submit responses to remarks made by the public during hearings.

● Link the awareness raising and educational activities to ongoing reforms to increase their scope. Institut Alternativa believes that activities related to educating the public on the possibilities of participating in the creation of public policies (Commitment 3) should be linked to reforms in relevant areas, such as the Cooperation Strategy of State Administration Bodies and Non-Governmental Organizations 2022-2026. [16] Regarding youth participation, Institut Alternativa recommends introducing the topic of citizen participation in schools through the country’s educational reform. [17]