In every country, sound laws are a key foundation of democratic governance and economic development. Crafting such laws, however, is only part of the path to success. The other half is making sure that the laws are properly implemented – which is often more challenging.
When laws and regulations are not properly adopted, such discrepancy creates an implementation gap – the difference between laws on the books and how they function in practice. This gap can have negative consequences for democratic governance and the economic prospects of countries and communities. Failing to fully implement laws undermines the credibility of government officials, fuels corruption, and presents serious challenges for business, which in turn hampers economic growth.
To help better understand why implementation gaps happen and how they can be addressed, CIPE and Global Integrity published Improving Public Governance: Closing the Implementation Gap Between Law and Practice. This guidebook offers starting points for identifying implementation gaps in various laws and regulations, asking why these laws and regulations are not fully adopted or practiced.
Based on the suggestions from the guidebook, the Center for the Implementation of Public Policies Promoting Equity and Growth (CIPPEC) researched whether Argentina’s access to information law is implemented by public entities, particularly by state-owned enterprise. The latest Economic Reform Feature Service article summarizes CIPPEC’s key findings from the research and policy reform suggestions needed to overcome the implementation gap.
Maiko Nakagaki is a Program Officer for Global Programs at CIPE.
When Maxim Tsoi, a journalist for the Kyrgyzstan newspaper Vecherny Bishkek, made the four-hour drive last spring to the town of Talas on the border with Kazakhstan, he was expecting to gather some local color to illustrate provincial life for readers in the capital city. What Tsoi came away with was a little different. After interviewing local bean farmers, customs officials, and border guards, he had material for a story on the pros and cons of Kyrgyzstan joining the Eurasian Economic Union.
The issue of whether Kyrgyzstan should join the Russian-led Eurasian Economic Union, which so far includes Kazakhstan and Belarus, is a source of frequent debate in Bishkek. Membership in the Union has significant implications for the country’s political and economic elites. In the border town, Tsoi found farmers in favor of joining the Union and getting privileged access to new markets. Local resellers of Chinese imports, however, were opposed since they would be facing new tariffs.
“Most of media outlets here in the capital only write about what happens in the capital. So, the material from these trips is quite interesting to everyone, to the journalists and to the readers,” said Tsoi in an interview from Bishkek.
Saturday, May 3 was World Press Freedom Day, when we celebrate the vital contributions of free media around the world. Unfortunately, journalists, independent media outlets, and the legal and constitutional freedoms they depend on to do their jobs are all under attack in many parts of the world.
Freedom of the press is one of the cornerstones of democracy — without a free media to provide citizens with the information they need to hold elected leaders accountable, the institutions of democracy simply cannot function.
The latest edition of Freedom House’s Freedom of the Press index, released on Friday, shows that the proportion of the global population living in countries with a free press has declined to its lowest level in over a decade — just 14 percent. The growth of new online and social media outlets in particular has triggered an authoritarian backlash as countries from Russia to Turkey to Venezuela to Thailand crack down on these new forms of communication.
Argentina’s state oil company, Yacimientos Petrolíferos Fiscales, was privatized in 1993 but partially re-nationalized in 2012.
Access to information is an integral part of an open democracy. The UNDP defines access to information as encompassing the core principles of democratic governance: participation, transparency, and accountability. And the promotion and protection of both access to information itself and flows of information that exists between constituents, government, civil society organizations and the private sector are of equal importance. Yet, in many countries around the world, transparency or access to information laws are not properly enforced.
Argentina is a good example of this. The Access to Information Decree 1172/03, obliges “the bodies, entities, enterprise, companies, dependencies and all other entity that work under the jurisdiction of the National Executive Branch” to provide public information. The Decree defines private organizations as those either receiving subsidies or contributions from the national government. This definition is particularly important because the percentage of the national budget devoted to public enterprises in Argentina has been increasing – in 2006 it was 2 percent and it rose up to 8 percent by 2012. But are these state-owned enterprises abiding by Decree 1172/03?
By Hyeji Kim
We live surrounded by futuristic information technology ranging from Facebook and Google to wearable mobile gear. Yet, despite the gigantic leaps in technology for sharing information, many parts of the world still lack the right to share information at all. Reporters Without Borders have updated the World Press Freedom Index, measuring the level of freedom of information of both provider and recipient in 180 different countries. The indices show that many countries are behaving anachronistically by suppressing the media and journalists.
This kind of oppression takes many forms, ranging from censorship and legislative barriers to actual physical abuse and even abduction of journalists. The sources and causes for oppression vary greatly. Journalists are faced with assaults from all sides: the police, criminal groups, angered demonstrators, and devout political party supporters. In any case, different groups often see the media as a strategic target necessary to either achieve their political goals or cover their wrongful doings.
Some central questions in international development are how to measure progress, make sound cross-country comparisons, and build the case for political and economic reforms. Multilateral institutions such as the World Bank play the role of repositories of credible, accessible, and up-to-date information that serves as an international benchmark for progress. Access to information is the basis for evidence-based policymaking and can serve as a catalyst for necessary reforms.
The World Bank recently convened a conference to present research around its Doing Business index at my alma mater Georgetown University. The keynote speaker, Tim Besley of the London School of Economics, discussed the importance of World Bank data that is publicly available and internationally recognized as a reliable source of evidence-based policymaking.
The Doing Business Survey focuses on two main sets of indicators: regulations and legal institutions. The regulation indicators are the number of procedures, time, and cost involved in starting a business, to obtain a construction permit, getting access to electricity, registering property, paying taxes, and the ability to trade across international borders.
For the first time since its independence in 1947, Pakistan saw its first ever peaceful transition from one democratically elected government to another in 2013. While this was a remarkable success for Pakistani democracy, the country still lacked a process for holding civilian governments accountable for their electoral promises.
Working with economic think tank Policy Research Institute of Market Economy (PRIME), CIPE Pakistan initiated a project to monitor key economic promises made by the current government in its pre-election manifesto.
Through a consultative process, PRIME developed a scorecard to gauge the progress made by the government in the areas of economic revival, energy security, and social protection, focusing on 26 of the goals mentioned in the winning Pakistan Muslim League’s pre-election manifesto. Scores are based on a possible 10 points in each category, with the most thorough implementation earning the most points.
The first Scorecard report released on January 27 shows that the average score for the economic revival is 3.17 out of 10, energy security scored 4.16, and social protection scored 6. This report covered the period between June 2013-December 2013.