Rules Framework
OBJECTIVE
Provide basic guidance and rules on the submission of independent action plans by institutions beyond the executive and legislative powers, including the National Autonomous Institutions (NAI).
OPTIONS
NAI that decide to engage with OGP have the following options:
- Participation in the national OGP process (always the preferred option, as it includes the OGP Participation and Co-Creation Standards and the IRM)
- Use the Open Gov Challenge on selected themes
- Participation via submission of a standalone OGP action plan
CONTENTS
Participation in the National OGP Process
Use the Open Gov Challenge on Selected Themes
Participation via Submission of a Standalone OGP Plan
Eligibility
Conditions for Engagement
Support Provided by OGP
Participation by NAI in the national process offers OGP stakeholders critical opportunities to explore open government synergies across branches of government. A single national process also allows more efficient use of the time and resources allocated to co-creation and consultation, and reduces the transaction costs for civil society in engaging in OGP-related activities. This is the model of engagement already pursued in the majority of countries with NAI involvement in OGP.
NAI that choose to participate in the process commit to the following conditions:
- The OGP Participation and Co-Creation Standards that govern the co-creation and implementation of OGP commitments and national action plans.
- Where NAI representatives participate in the multi-stakeholder forum or platform (MSF), they must adhere to rules and practices established by the MSF.
- Where NAI participation in the national OGP process results in commitments made or supported by them, commitments must be integrated within the overall action plan and adhere to the overall start and end dates for the OGP action plan.
- NAI must adhere to all the regular reporting and monitoring mechanisms required from all commitment implementers by the MSF, and as established by the OGP Participation and Co-Creation Standards.
NAI commitments included in national action plans will be assessed by the Independent Reporting Mechanism (IRM). NAI may convene their own multi- stakeholder working groups to determine the scope and substance of their commitments, but these processes are not separately assessed by the IRM, which will continue to focus on assessing the overall country co-creation process.
NAI of member countries are eligible to use the Open Gov Challenge to submit individual commitments. More information is available here.
NAI may choose to develop a standalone OGP plan when legal, political or practical reasons favor an independent plan rather than a joined national process. They offer an opportunity to co-create with civil society, and deliver on commitments that further open up their processes and systems, and to do so in a way that is fully aligned with their own calendars and strategic objectives.
Autonomous institutions participation and submission of standalone OGP plans is limited to constitutionally/institutionally established national organisms that are not part of the executive branch.
No executive branch ministry, agency or department will be allowed to submit a standalone OGP plan.
Institutions from countries with frameworks that are different from the scenarios described here can contact the Support Unit to find out if they are eligible.
NAI that choose to convene an independent co-creation process bear full responsibility for the process and for the resulting plan. They commit to the following conditions:
- NAI considering this option will have to do their best effort to adhere to the spirit of relevant rules and procedures established for national governments. Specific guidance for other actors will be published in time as we learn from the experience of some actors.
- NAI considering this option will appoint a Liaison to coordinate the process. The Liaison will share a formal notification with the OGP Support Unit, notifying them of the intent to co-create their own plan, and with the national Point of Contact, to explore possible opportunities for collaboration.
- NAI considering this option will be responsible for the co-creation process, which includes civil society participation, to develop, implement and monitor their action plans. The duration of the action plan and timelines for submission may be decided by the NAI, in consultation with civil society, to allow optimal alignment with the administrative calendar.
- NAI considering this option should shape their OGP processes following the OGP Participation and Co-Creation Standards (especially Standards 3, 4 and 5). NAI considering this option will have to develop a reporting mechanism to report on the inclusiveness and participation of their processes and on the results of the commitment implementation. The burden of proof to provide evidence for these monitoring reports falls on the NAI. More guidance will be provided by OGP.
- NAI convening their own processes do not have any additional decision-making or voting rights in OGP, which continues to rely on a single country view, coordinated via the official OGP Point of Contact.
- Procedural review does not apply to independently co-created standalone OGP plans. OGP members will continue to be assessed at the level of the national/local OGP action plan.
The Support Unit will upload these action plans onto the OGP member’s page.
NAI that choose this option will only receive basic support from the Support Unit and will have to rely on guidance materials available online.
The OGP Support Unit and the IRM will begin to provide detailed guidance and
templates for NAI to conduct their own monitoring shortly.