Author Archives: Guest

“This Land Not for Sale”: the Importance of Digitizing Property Records in Kenya

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By David Owiro. This post originally appeared on IEA Kenya’s blog.

If you have ever taken a walk around the major towns in Kenya you will come across warning notices and signboards announcing to the world that “this plot/land is not for sale” or that “this property is not for sale.” Also, if you are a keen reader of the daily newspapers you will come across, in the back pages, notices announcing “caveat emptor or buyer beware” on some parcels of land. These are often put up by individuals seeking to enforce their property rights by deterring members of the public who are likely to be defrauded by unscrupulous groups or individuals.

And now, the National Land Commission, which is the body mandated by the constitution of Kenya to hold public land in trust, has also began placing adverts warning members of the public against buying land without carrying out background searches or relying on certificates of titles.

The reason all this is happening is that people have taken advantage of the previously weak property rights regime that allowed for exploitation and manipulation of official land and property records in order to defraud unsuspecting members of the public.

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What is the Role of the Private Sector in Open Government?

By Dr. Jong-Sung Hwang

ogp-logo

The Open Government Partnership has become a leading force for advancing transparency and civic engagement in 63 countries. It was founded on a strong partnership between governments and civil society organizations. Recognizing the implications of open governance for economic and democratic development, CIPE has helped to establish an independent Council for Engaging the Private Sector in the Open Government Partnership. The Council is a joint initiative coordinated by the National Information Society Agency of Korea, Microsoft, and the Center for International Private Enterprise. CIPE’s Andrew Wilson, Deputy Director for Strategic Planning, is co-chair. The Council welcomes input from private sector and other stakeholders on the future of engagement in open governance.

Dr. Jong-Sung Hwang, Head of the Korea Big Data Center at the National Information Society Agency, introduces this exciting initiative on the Open Government Partnership blog.

Open government is not a new concept. According to Wikipedia, the idea that government should be open to public scrutiny and responsive to public opinion dates back at least to the time of the Enlightenment. For decades now, the emergence of Freedom of Information legislation and  e-government initiatives have propelled a trend toward building transparent, accountable, and responsive governments.

However, open government has acquired new meaning in the 21st century, facilitated by the development of information technology. Whereas open government in the past meant access to information inside government, it now means not only access but also active sharing of information and collaborative governance between government and civil society. The distinction is that access is a one-directional relationship in which the government side opens up. In contrast, sharing implies bi- or multi-directional relationships and requires opening up and engagement by all sides.

The new version of open government, which aims for shared governance, can be named as open government 2.0. As Tim O’Reilly, advocate of Gov 2.0, puts it, open government 2.0 seeks to “redefine the relationship between citizens and government officials, engaging the citizen as a full participant rather than an observer. Citizens are not passive consumers of government services anymore. Instead, they are actively engaged in producing and delivering government services and sharing the results.

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Voices in the Web – Creating E-Platforms for Socioeconomic Discourse

Dotun Olutoke's Photographby Dotun Olutoke, honorable mention in the CIPE 2013 Blog Competition. Read the rest of the winning entries here.

When I was younger, the riddles and jokes section of Kiddies magazine oozed out an aroma that satisfied my reading pleasure. Of all the riddles I read as a kid, one remains memorable to me. It goes thus:

I am something. I am a good servant but a dangerous master.

What am I?

Electricity – was the answer I got after moments of a brain-tussling exercise.

As I grow older in this information-driven age, the relevance of this riddle came to the fore when social networking platforms were used as a mobilization arena for people to  protest against the removal of fuel subsidy in the ‘wee-days’ of 2012, specifically January 2-3. What used to be a platform where people share pictures, post comments about events, and connect with friends metamorphosed into a potent tool for rallying Nigerians of different religious, political, and social inclinations.

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A Different Kind of ‘Smart’ City

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Mathare slum in Nairobi, Kenya — one of the biggest in Africa. (Photo: IRIN)

Naledi Modisaatsone is a CIPE-Atlas Corps Think Tank LINKS Fellow at the Urban Institute

The concept of “smart cities” has become synonymous with developed countries. When people talk about smart cities they often mean high-tech urban innovators in North America, Western Europe or East Asia. Africa is not featured on the list.

This situation, however, has been changing following the recognition that smart city thinking is not necessarily about being high tech, but rather about cities that efficiently drive sustainable economic growth, competitiveness, prosperity and a better life for their citizens.

A report by Deloitte  defines a smart city as “when investments in human and social capital, traditional (transport) and modern information and communications technology ICT infrastructure fuel sustainable economic development and a high quality of life, with a wise management of natural resources”. In that way Africa is right at the heart of the conversation.

The UN Habitat Global Activities Report 2013 states that in 2009, Africa’s total population for the first time exceeded one billion of which 395 million (or almost 40 per cent) lived in urban areas. Around 2027, Africa’s demographic growth will start to slow down and it will take 24 years to add the next 500 million, reaching the two billion mark around 2050, of which about 60 per cent will be living in cities. Africa should prepare for a total population increase of about 60 per cent between 2010 and 2050, with the urban population tripling to 1.23 billion during this period.

These demographic shifts will present policy makers in Africa with unprecedented challenges in handling of urbanization given that infrastructure networks and public services are already overwhelmed.  African cities wishing to uplift their populations into the 21st century are going to have to start focusing today on what the city of tomorrow will look like.

How will  Africa position its cities as drivers of sustainable growth using technology?

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Overcoming the Collective Action Problem: How to Encourage Businesses to Fight Against Corruption

Without a strong compliance program, many smaller Russian firms could be locked out of lucrative contracts with big multinationals.

Without a strong compliance program, many smaller Russian firms could be locked out of lucrative contracts with big multinationals.

By Henry Nelson

In countries with weak rule of law, anti-corruption efforts suffer from a collective action problem: because bribery and corruption are endemic and occur frequently, individual small business owners hesitate to reform because they fear that doing so will reduce their competitiveness.

If a small or medium-sized enterpise (SME) begins to eschew bribery, it might be incapable of securing contracts that require paying a bribe, for example. The threat of short-term loss of business is serious for SMEs and can deter companies from pursuing anti-corruption compliance.

Furthermore, the collective action problem effects the general business environment. Without a strong, coordinated voice on the importance of compliance, corruption continues to be seen as “business as usual” and the consensus continues to be that bribery is a necessary component of conducting business.

This collective action problem is pervasive and continues to pose issues for CIPE and its many global partners. It is difficult to implement reforms when SMEs fear that the reforms will hurt their business.

Earlier this month, CIPE’s Washington office hosted a delegation of CIPE Russia officers and regional CIPE partners for a discussion on value-chain anti-corruption efforts in Russia. The discussion yielded plenty of interesting information on CIPE Russia’s plan to work with regional Russian chambers of commerce in order to educate local SMEs about international anti-corruption laws like the U.S. Foreign Corrupt Practices Act (FCPA) and UK Bribery Act.

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The Impact of the Property Rights Regime on Small Business in Kenya

New "malls" in downtown Nairobi offer opportunities for small business. But are their property rights being  respected?

New “malls” in downtown Nairobi offer opportunities for small business. But are their property rights being respected?

By David Owiro

Over the past few years, residents of Nairobi’s central business district (CDB) have noticed an interesting phenomenon. The previously large commercial premises on the main streets and avenues have been subdivided, converting them to mall-type premises that allow for subletting to many micro, small, and medium businesses. This phenomenon is, however, not unique to the CBD. This model, I’m made to understand, was borrowed from India, where mostly fabric traders sell their wares under one roof. The concept has spread to Eastleigh estate in Nairobi and can also be observed in some of the major towns in Kenya.

The Institute of Economic Affairs (IEA) carried out a qualitative survey of small businesses who operate in such mall-type commercial premises in Nairobi’s CBD to determine the impact of the property rights regime on their businesses, and the findings point to a deeper policy problem. In spite of the recent property rights reforms brought about by the new constitution, the study found poor enforcement of property rights, agency coordination problems, and low awareness levels among small businesses, leading to exploitation, abuse of tenant rights, and a hostile business environment.

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Is Local Government in Libya the Solution?

Heavily armed vehicles belonging to the military council of the self-declared autonomous region of Cyrenaica, which are deployed to protect oil ports, drive past at a checkpoint, near the east of the city of Sirte March 14, 2014. Former Libyan prime minister Ali Zeidan has fled to Europe after parliament voted him out of office on Tuesday over his failure to stop rebels exporting oil independently in a brazen challenge to the nation's fragile unity. The standoff over control of oil exports threatens to deepen dangerous regional and tribal faultlines in Libya where rival militias with powerbases in the east and west back competing political factions in the transitional government. Picture taken March 14, 2014.  REUTERS/Stringer (LIBYA - Tags: CIVIL UNREST POLITICS ENERGY) - RTR3H6EP

Mahmoud Bader is CIPE-Atlas Corps Think Tank LINKS Fellow at the Project on Middle East Democracy (POMED). This post also appeared on The Atlantic Council blog.

As Libya faces numerous challenges with the existence of federalists and militia groups, the question of decentralization grows in urgency. Libyans need to bolster local government in an effort to leave their past behind and meet their everyday needs, but lack the adequate legal and constitutional framework to ensure better governance. As Libya struggles to fill the remaining seats in the Constitutional Committee, it must also consider the language it plans to adopt to protect the decentralization process.

The move towards local governance emerged during the 2011 revolution when local councils arose to handle city affairs, an arrangement that continues today. Libyans welcomed the change. With the former regime centralized in Tripoli, citizens traveled inordinate distances from all over the country to complete tasks that they could have handled in their own cities, including basic bureaucratic services like stamps and signatures that could easily have been provided in other cities.

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