Transcript Slide 1

The context of a country
matters-The case of Nigeria
Nkoyo Toyo
Innovations in accountability and
Transparency through citizen’s participation
Introduction
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Briefly this presentation will argue that a country’s
political context and the events that define it at certain
moments are crucial to how effectively civil society can
engage and hold the state and its institutions to account.
Given the varied forms of accountability and their multiple
implications for any governance agenda, I will illustrate
my point with two accounts of engagement by civil society
of a national scale and their significant. I will also raise a
few points about challenges in the way of innovation and
what we can do. What is the Context? The cheering news
is that a certain Goldman Sachs predicts that Nigeria will
be one of the 20 biggest economies by 2020 and the
current leadership of Nigeria has taken this seriously.
However, many of us in civil society networks are
skeptical. Worried not because Nigeria cannot become one
of the 20 largest economies but the fact that we fear that
given the way the country in going, growth will exacerbate
the inequities in wealth distribution, leave the majority
who are poor largely unaffected and spark off other subregional social and political crises.
Country Context
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The Nigerian situation is already remarkable for many reasonsoften talked about in terms of poverty in the midst of plenty, my
presentation will share one event in which civil society networks
were able to meaningfully engage the National Assembly
(legislature at the centre) and thereby implant there voice and
open spaces for ongoing engagement and another of how the
MDGs review process has created avenues for ongoing
engagement in National Planning programmes also involving the
legislature and donors. Speaking theoretically, Civil society has
broken into cycles of horizontal and vertical accountability,
bringing their voices into different processes. These efforts are
not in themselves independent of the many other countervailing
factors such as the role of international development actors in
negotiating the medium term plan (NEEDS) for the country. The
cumulative value of these cases is that it provides tangible
examples of how civil society is innovating and opening new
spaces for pro-accountability activism.
MDG Process
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Initially, the MDG took off as a state programme with limited
external input.
By 2006, UNDP sources state that there is
evidence from the MDGR to show that there is a likelihood that
Nigeria will achieve three of the eight goals; these are universal
basic education; ensuring environmental sustainability; and
developing global partnership for development.
Constitutional responsibility for implementation of the MDGs rest
with the states and local governments in Nigeria’s federal
structure, while there are appreciable strides at federal level,
commitment to meeting these goals, as well as institutional
capacity remain relatively low at other levels of government. Poor
governance and integration of the MDGs into national
development strategies is a constraint while other challenges
include a weak monitoring mechanism for the MDGs and low
stakeholder involvement (private sector and Civil Society
Organizations).
Despite these challenges political commitment remains very high
at the federal level under the leadership of a Senior Special
Adviser to the President on MDGs.
Based on this Challenge
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The opportunity to capitalize on the MDG process opened with the
setting up of the Oversight of Public Expenditure in Nigeria
(OPEN) programme to monitor the Debt Relief Gain (DRG) and
works in participatory and inclusive ways involving private sector
and civil society interests. Secondly, working through CSO it has
deviced systemic ways for tracking resources arising from the
DRG. Unsatisfied with this limited mechanism, GCAP re
designated as “make our money work for us” joined other CSOs
to review the progress implementation of the MDGs. Its findings
moved it to engage the National Planning commission, the
National Assembly and the Fed Ministry of Finance -largely
through the research and dissemination of findings. However,
with the change in government in 2007, the past administration
of President Olusegun Obasanjo strategic blueprint– NEEDS with
a four year implementation cycle (2004 – 2007) came under
review. Under the auspices of the MDG coalition work, groups
intervened in the process of NEEDS2 calling for a strong
commitment to the MDGs and creating spaces for them to
become recognized as a legitimate part of the process.
NEEDS 2 and others
In 2007, the CSO group moved to work out tools for
engaging the new government of Yar adua particularly
challenging its vision to make Nigeria one of the top 20
economies by 2020. Also seeking for engagement with
Vision 2020 long-term developmental plan. The basis for
this new engagement has been Yar adua’s campaign
manifesto entitled, End Poverty, Develop Nigeria, his
promise that “the United Nations Millennium Development
Goals is our guide” and his personal commitment to
“confront poverty” if elected. On the strength of these
commitments
some
groups
are
counter
posing
alternatives to the market and growth model on which
2020 is predicated. A CS think tank is closely monitoring
the 2020 formulation process, working with insiders and
intervening through participation in committee work based
on research. Also by pushing for the harmonization of the
2020 vision with the MDGs, NEEDS2 and Yar’adua’s
manifesto.
Innovation through research and
information
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Meanwhile, to counter the pro-growth arguments, the
CSO group has commissioned research and argues for
an alternative model which is based on agriculture led
industrialization as well as facilitated an examination of
ways in which public budgets and expenditure patterns
addressed the NEEDS 1 priorities relating to poverty.
These pieces of studies have been used to engage the
National Planning Commission and Ministry of Finance
in ongoing dialogue. Other intervention using the
outcome of the research include public dissemination
through media and engagement of the National
assembly’s under its oversight and appropriation
functions. Speaking with Salima and Julia yesterday
more visual based presentation of the research will
make a more dramatic impact and something we will
be happy to explore.
The second case study
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The second case study underlines the importance of the
National assembly (parliament) as an ‘open’ but highly
contested and dynamic space with huge potentials for
galvanizing collective action, influencing policy and enhancing
social accountability.
The outcome of President Obasanjo’s attempt to prolong his
tenure is the case in point. On 16 and 17 May 2006 the Upper
and Lower Chambers of the National Assembly threw out
constitutional reform proposals designed to allow President
Obasanjo to have a third term in office against the letter and
spirit of the 1999 Nig. Constitution. Obasanjo was serving the
last of his eight year term as a elected President. Indications
started to emerge immediately he began his second term of
office in 2003 that there were plans to prolong his rule. The
major argument was that the President was engaged in a
successful process of economic reform and struggle against
corruption and needed more time to institutionalize the
reforms
and
make
them
irreversible.
Still on third term
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However at the heart of resistance to his actions were
different perspectives about the future of Nigeria’s
democracy and its economic development. The “third term
struggle” as it was known became a political framework
through which Nigerians defined and acted for a
democratic future. Precisely because of this larger
dimension of the struggle, it is useful to point to the
potentials it created by raising agency and pushing for the
construction and greater appreciation of democratic
citizenship within the country. The President’s men had
developed an elaborate plan by first putting in place 1st a
National Political Reform Conference which failed to
endorse him after 8months of sitting. Then there was the
idea to use the strength of 36 State Governors with
control over their legislature to push through the
prolongation plan which also failed as did the subsequent
attempt to amend the constitution.
Third term..?
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The failure was that although many political parties actors and most of the
political class had an anti-democratic political culture, the Nigerian people
showed resilient commitment to oppose Obasanjo. Civil society played a
major role through the National Civil Society Coalition against the Third
Term, the Transition Monitoring Group and the United Action for
Democracy, amongst others. The political opposition, including the Vice
President, some Governors and political parties were also active. In the
National Assembly, a small group of legislators known as the 2007
Movement opposed the move and their numbers and strength grew as
more Nigerians rose to oppose the third term agenda. Even religious
leaders joined the fray as many of them openly and vigorously condemned
the third term agenda. Bankers played a major role by phoning and
informing journalists about amounts and recipients of bribes passing
through their banks.
The mass media, especially the private television stations and newspapers,
became the vanguard of the struggle and they ran a very effective name
and shame campaign against legislators supporting the third term agenda.
Even musicians came in with songs and poems condemning the third term
plotters. Street kids were the final arbiters. They started beating up
legislators from their constituencies who were supporting the third term
agenda. At the end of the day, legislators realized that supporting the third
term agenda was not in their future interest and the whole plan collapsed.
Over what lasted for one year or more considerable agency and democratic
citizenship was animated. The question that followed was how to sustain
the tempo arising for such a moment of collective action.
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These cases point to a few things
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That Civil society innovation is a constant shifting post
and it can be by way of mass action or through small
constructive interventions. While the dramatis of the
third term galvanized a broad spectrum of society it
was really the existence of an accessible National
Assembly that generated the hybrid forms of
accountability that brought the third term plot to an
end. It involved working across the vertical-horizontal
divide and causing intra-state horizontal accountability
mechanism to be energized. As with the third term
case, the decision to engage with the vision 2020
agenda and take findings from the research on the
MDGs to the National Assembly is to divest the NPC of
exclusive control over the process, force a discussion
and promote alternative positions and voices – seeking
for them to be heard and respected.
What are some of the challenges
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In pushing for engagement with the NPC and the National
Assembly issues of expenditure priorities are raised. Our
group is often faced with the absence of expert capacity in
both institutions on the MDGs or other related matters of
policy. While the NPC/state have some in-house capacity, less
of such specialized knowledge can be found within the NA.
Consequently, even as CS grapples with the challenge of
providing the National Assembly/NPC/budget office with
timely, accurate, and relevant information for effective
allocation of resources and decision making, it is often faced
with the weaknesses of the supply side and this impacts on
the structure of its engagement – with shift into a more
advisory role.
A very important instrument for engagement on many fronts
has been the budget and making it MDGs compliant. This also
means there is the need to ensure that public policies and
performance align to the achievement of MDGs and link with
to annual budget. The scope of this work can be daunting and
often underfunded.
Character of the state as a challenge
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In addition to the issue of capacity there is the findings of the Drivers of
Change study which indicates that Nigeria has for many years been
characterized by institutional failure, an entrenched vicious cycle of
impunity generating more impunity.
Under military rule the suspension of the legislature and therefore a
relatively new addition to national political experience.
A legislature undermined by the executive through executive capture.
This notwithstanding, post the third term struggle, the national assembly
has shown great signs of courage – public hearing and probes into last 8
years in sectors such as Power and energy, FCT and also NNPC.
What becomes of these probes which are very popular with the Nigerian
public, is in fact the next big challenge. There is a yearning gap in terms of
nature of answerability and enforcement – the implications of a failure to
impose punishment by governmental systems designed to ensure due
process could spell serious set back for democratic forces.
These cases are as highly political as they are technical, dealing with the
investigative and prosecutory demands are way beyond the reach of many
in CS. There is need for greater specialization, additionally while CS has
shown the capacity to act collectively on certain issues (FOI) there are
many others where it is less engaged with. This are present lost
opportunities for reinforcing and building their legitimacy and it remains to
be seen how these failure will impact on other attempts in the future.
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Ultimately, it is probably in the things that CS fail to
engage with that the real opportunities to transform
the state lies. Given the structural barriers identified by
the DOC study, there is a lot to be said about what
works and does not work. Where CS should invest its
resource or fail to. With alternative experiences such as
those in the Niger Delta region which has moved from
peaceful civil confrontation into organized resistance
including criminal activities –now undermining the
capacity for civil options- it is important for CS in
Nigeria to explore a wider mix of strategies particularly exploring the use of new forms of
technologies and working closely with inside agents of
change such as within the national assembly.
The legislature as an entry point..
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The Legislature provides a snap shot into the health of
Nigeria’s fledging democracy and its capacity to respond to
the demands of its citizens.
For a country still wrestling with the challenges of statecrafting, the national legislature is the most representative
assemblage of diverse interests (more representative than
the executive) and a convergence point where citizen-state
relations (vertical accountability) meet executive-legislature
relations (horizontal accountability).
It operational culture (where it works) can be very
deliberative and inclusive thereby enabling voice and
accountability.
Lastly, with its role in the appropriation process and other
forms of sanctions against the executive, it can exert a lot of
authority and steer governance in a certain direction.
Since legislators face periodic elections, they can be made
responsive to the demands of their constituents thereby
giving opportunity to civil society to influence their actions.
Specifically…what can be done
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Ultimately, the electorate will determine whether the
executive has governed well, and will vote accordingly to
either retain or replace it. But typically, several years pass
between elections( and they are lacking in credibility), and
during this time, accountability is largely the business of
the legislature.
Specifically in terms of Donor assistance, there is much
scope for fostering an architecture for accountability
through building the capacity of the legislature at all levels
to be more deliberative and inclusive
Support effort to mobilize people to claim rights and also
demand accountability.
Support actions that enable the realization of the
answerability element of accountability and push for
enforcibility.
More actions
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Support as with the MDG example, proaccountability actors from civil society to work
across vertical as well as horizontal mechanisms of
accountability (between governments and citizens,
and between citizens and other institutions).
Raise awareness about accountability mechanisms.
Support citizen’s-led accountability initiatives.
Foster increased engagement between private and
civil society organizations (some of the tensions in
the vision 2020 is related to this failure)
Improve donors’ own accountability. Donors
need to be more accountable to people they aim
to support—and who they pressure to reform.
Finally on the legislature..
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Support technology based platforms that promote open
discussion on the contents of laws, the working of the
legislature to help broaden and deepen public debate.
Support Public hearings which provide a structured way
of bringing into debates the perspectives of experts
from academia, civil society and the private sector.
Support
research
to
produce
approaches
for
mainstreaming accountability.
Foster greater Openness which can also help to build
trust in government.
Work closely in the short term on the reorientation of
legislative bodies towards openness and more
accessible to information in terms of addressing the
concerns of citizens.