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Justice for Accountability

Justice for accountability means that people and organizations can bring complaints to judiciaries, tribunals, and other forms of dispute resolution when the law is not being followed. Governments can reduce barriers around who can bring a claim to court, high costs, and a lack of information on how to pursue legal solutions. This can enable members of the public to help uphold the law.

Open Gov Challenge: Justice

With OGP’s 2023-2028 Strategy, OGP members are set to work toward a number of aspirational thematic reforms through the Open Gov Challenge. This section of the Open Gov Guide addresses Justice.

Challenge prompt: Advance people-centered justice reforms.

Actions and reforms that fit within the scope of this challenge area are:

  • Embed or institutionalize mechanisms for participatory and inclusive approaches to justice policy and service design, for the purpose of ensuring that everyone has appropriate access to legal services.
  • Strengthen the independence, transparency and responsiveness of justice institutions to the public.
  • Ensure that there is accountability for policymaking through appropriate and effective redress mechanisms and institutions that involve the public (e.g. whistleblower protections, right to information appeals, complaint mechanisms.)

Key Terms

Definitions for key terms such as public accountability.

  • Public accountability: Public accountability is when rules, regulations, and mechanisms in place call upon government actors to justify their actions, act upon criticisms or requirements made of them, and accept responsibility for failure to perform with respect to laws or commitments. Public accountability is one of the three OGP values, along with transparency and civic participation.

The Evidence

Justice for accountability can improve governance in several ways.

  • Open and effective auditing and investigatory agencies can prevent and punish waste, fraud, and abuse in government spending and ensure that taxation is fair and transparent.
  • Oversight mechanisms within accountability institutions (like courts and information commissions) allow citizens to appeal rejected or mishandled right to information requests, which ensures that information is not withheld from the public for political reasons.
  • Accountable electoral management can ensure that elections are free and fair by investigating irregularities and allegations of denied voting rights.
  • Institutions that allow citizens to monitor policies, programs, and plans that affect the environment can prevent pollution, environmental degradation, and the worst effects of climate change.
  • Accountability institutions also provide a mechanism for members of the public to protect their most fundamental rights, especially those from socially vulnerable groups, like people with disabilities.

Reform Guidance

The recommendations below represent reforms that national and local governments, representatives of civil society organizations, and others can consider for their action plans and the Open Gov Challenge. The reforms are categorized according to OGP’s principal values: transparency, civic participation, and public accountability. Reforms should be adapted to fit the domestic context, and involve and coordinate with other levels and branches of government.

Reforms across policy areas are also tagged by the estimated degree of difficulty in implementation. Though progress is often not linear, the recommendations have been categorized using these labels to give the reader a sense of how different reforms can work together to raise the ambition of open government approaches.

Recommended Reforms Key

  • Transparency: Transparency empowers citizens to exercise their rights, hold the government accountable, and participate in decision-making processes. Examples of relevant activities include the proactive or reactive publication of government-held information, legal or institutional frameworks to strengthen the right to access information, and disclosing information using open data standards.

  • Civic Participation: When people are engaged, governments and public institutions are more responsive, innovative, and effective. Examples of relevant initiatives include new or improved processes and mechanisms for the public to contribute to decisions, participatory mechanisms to involve underrepresented groups in policy making, and a legal environment that guarantees civil and political rights.

  • Public Accountability: Public accountability occurs when public institutions must justify their actions, act upon requirements and criticisms, and take responsibility for failure to perform according to laws or commitments. Importantly, public accountability means that members of the public can also access and trigger accountability mechanisms. Examples of relevant activities include citizen audits of performance, new or improved mechanisms or institutions that respond to citizen-initiated appeals processes, and improved access to justice.

  • Inclusion: Inclusion is fundamental to achieving more equitable, representative, and accountable policies that truly serve all people. This includes increasing the voice, agency, and influence of historically discriminated or underrepresented groups. Depending on the context, traditionally underrepresented groups may experience discrimination based on gender, sexual identity, race, ethnicity, age, geography, differing ability, legal, or socioeconomic status.

  • Foundational: This tag is used for reforms that are the essential building blocks of a policy area. “Foundational” does not mean low ambition or low impact. These recommendations often establish basic legal frameworks and institutional structures.

  • Intermediate: This tag is used for reforms that are complex and often involve coordination and outreach between branches, institutions, and levels of government, with the public or between countries.

  • Advanced: This tag is used for reforms that close important loopholes to make existing work more effective and impactful. Specifically, “Advanced” reforms are particularly ambitious, innovative or close important loopholes to make existing work more effective, impactful or sustainable. They are often applied in mature environments where they seek to institutionalize a good practice that has already shown results.

  • Executive: The executive branch of government is responsible for designing, implementing, and enforcing laws, policies, and initiatives. It is typically led by the head of state or government, such as a president or prime minister, along with their appointed cabinet members. The executive branch’s functions also include overseeing the day-to-day operations of the government, managing foreign affairs, and directing the country’s armed forces. In democratic systems, the executive branch is accountable to the legislature and the electorate, with its powers and limitations outlined in the constitution or legal framework of the respective country.

  • Legislative: The legislative branch of government is responsible for making laws and regulations and overseeing the functioning of the government. It typically consists of a body of elected representatives, such as a parliament, congress, or assembly, which is tasked with proposing, debating, amending, and ultimately passing legislation. The legislative branch plays a crucial role in representing the interests of the people, as its members are elected to office by the public. In addition to law-making, this branch often holds the power to levy taxes, allocate funds, and conduct certain investigations into matters of public concern. The structure and powers of the legislative branch are usually outlined in a country’s constitution or legal framework, and it serves as a check on the executive and judicial branches to ensure a system of checks and balances within a state.

  • Judicial: The judicial branch of government is responsible for interpreting the meaning of laws, applying laws to individual cases, and/or deciding if any laws violate the Constitution or other governing document in a country. The responsibilities will vary depending on the jurisdiction and level of a given court within this branch. The judicial branch usually oversees various parts of the formal judicial system, such as the rules governing the conduct of prosecutors, the creation of ethics standards and sanctions for judges, and the management of the legal aid system, including the work of paralegals. However, in many countries, the executive branch oversees the law enforcement bodies.


Examples of Reforms from OGP and Beyond

The following examples are commitments previously made within or beyond OGP that demonstrate elements of the recommendations made above. To date, relatively few OGP commitments focus on creating or reforming accountability mechanisms. Less than 20 percent of OGP commitments focus on ensuring some means of accountability for government action or inaction.

OGP Reforms
  • ARGENTINA Civil Society Participation in Audits: Hosted workshops and consultations between the Office of the National Auditor General and civil society on audit design, and committed to working with civil society to further strengthen citizen monitoring.
  • IRELAND Justice for Individuals with Limited Decision-Making Capacity: Created the Decision Support Service to expand decision-making support options for people with “impaired mental capacity,” launched a website to provide accessible information, and committed to allocate EUR 3 million for its operation.
  • PERU Online Platform to Monitor Public Works: Strengthened participation in infrastructure monitoring through a platform that consolidated data on financial administration, public investments, and state contracting and allowed the public to oversee and flag issues in planning and executing public works projects.
  • PHILIPPINES Citizen Participatory Audits for Public Services: Created Citizen Participatory Audits to monitor government spending on public services, which led to tangible improvements like increasing the quality of textbooks and building infrastructure in Metro Manila public schools.
Beyond OGP Action Plans
  • UGANDA Tax Appeal Tribunals: Created Tax Appeal Tribunals to allow the public to access a process for independent and impartial taxi dispute resolution.

The Role of Local Governments

Local governments play a special role in ensuring that the public can use accountability institutions to enforce the law and protect their rights.

  • Harms and standing: Local legislatures, in particular, may design laws to ensure that people have standing and clear means of redress and remedy when their rights have been violated.
  • Cost: Courts and legislatures may establish funds, provide pro bono services, reduce court costs, or establish other means of lowering the costs to those who are enforcing the law.
  • Specialized fora, ombudsman, and alternative dispute resolution: Local governments may establish or enhance specialized tribunals (such as environmental courts or access to information commissions) that can hear allegations of violations. In addition to courts, they may also establish other means of complaints including grievance mechanisms, ombudsman offices, or alternative dispute resolution.
  • Legal assistance: Many local jurisdictions, perhaps in cooperation with local bar associations or other professional associations, may help establish standards, procedures, and financing mechanisms to ensure that classes of people and individuals needing additional assistance receive appropriate assistance throughout a legal proceeding.

Who is working on this topic?

A
Albania Albania
Argentina Argentina
Armenia Armenia
Austin, United States
B
Brazil Brazil
Buenos Aires, Argentina
Bulgaria Bulgaria
Burkina Faso Burkina Faso
C
Cabo Verde
Canada Canada
Chile Chile
Colombia Colombia
Contagem, Brazil
Costa Rica Costa Rica
Côte d'Ivoire Côte D'ivoire
Croatia Croatia
Czech Republic Czech Republic
D
Denmark Denmark
E
Ecuador Ecuador
F
France France
G
Georgia Georgia
Ghana Ghana
Greece Greece
Guatemala Guatemala
H
Honduras Honduras
I
Indonesia Indonesia
Ireland Ireland
Israel Israel
Italy Italy
J
Jalisco, Mexico
Jamaica Jamaica
Jordan Jordan
K
Kenya Kenya
Kyrgyz Republic Kyrgyz Republic
L
La Libertad, Peru
Latvia Latvia
Liberia Liberia
M
Malawi Malawi
Malta Malta
Mexico Mexico
Mexico State, Mexico
Mongolia Mongolia
Montenegro Montenegro
Morocco Morocco
N
Netherlands Netherlands
Nigeria Nigeria
North Macedonia North Macedonia
Norway
P
Panama Panama
Paraguay Paraguay
Peru Peru
Philippines Philippines
R
Republic of Korea Republic Of Korea
Republic of Moldova Republic Of Moldova
Romania Romania
S
Scotland, United Kingdom
Sekondi-Takoradi, Ghana
Senegal Senegal
Sierra Leone Sierra Leone
Slovak Republic Slovak Republic
South Africa South Africa
Spain Spain
Sri Lanka Sri Lanka
T
Tlalnepantla De Baz, Mexico
U
Ukraine Ukraine
United Kingdom United Kingdom
United States United States
Uruguay Uruguay

This list reflects members with commitments in the “Justice” policy area of the Data Dashboard.


Active OGP Partners

The following organizations have recently worked on this issue in the context of OGP at the national or international level. They may have additional insights on the topic. Please note that this list is not exhaustive. If you are interested in national-level initiatives, please contact research@opengovpartnership.org.


Benchmarking Data

The OGP 2023-2028 Strategy sets out the Open Gov Challenge and aims to provide clear benchmarks for performance through reliable data.

While benchmarks for individual countries and Open Gov Guide recommendations are not yet integrated, for this chapter, interested individuals may rely on the following data sets:

  • The World Justice Project‘s Rule of Law Index analyzes different dimensions of governance in 140 countries and jurisdictions, including several related to regulatory enforcement.
  • OGP commitments on this topic can be found on the Data Dashboard.

Guidance & Standards

While the list below is not exhaustive, it aims to provide a range of recommendations, standards, and analysis to guide reform in this policy area.

  • Similarly, UNECLAC published an implementation guide on the Escazú Agreement to raise awareness about the agreement and to provide guidance to ensure full compliance with its provisions.
  • The UN Office of the High Commission on Human Rights published principles and guidelines to address the need for protections for people with disabilities. The guidelines provide details on the rights of individuals and the obligations of governments in this area, as well as general good practices to guarantee access to justice for this group of people.
  • The International Organization of Supreme Audit Institutions has a Framework of Professional Pronouncements, which sets standards for public auditing based on the expertise of the organization’s membership. These standards include core principles of auditing and organizational requirements for audit institutions.
  • Environmental Law Alliance Worldwide (ELAW) has published several guidance publications, such as guides on environmental sampling and evaluating environmental impact assessments for mining projects. ELAW also provides litigation strategies related to climate and coal and maintains a global database of environmental impact assessment laws.
Open Government Partnership