Participation and access to information

OVERVIEW

This includes ensuring that there are resources and institutional support to encouraging public participation, and accountability to ensure that participation both takes place and the results are incorporated into policy and planning. Participation also includes the role of legislatures, civil society involvement and the media. Ensuring that the impact of digital identity systems is documented and public accessible requires appropriate monitoring and evaluation by the competent institutions, which should include relevant performance guidelines, and access to relevant information by those not involved in managing the system. The participation and transparency element includes the following sub-elements: public participation, monitoring and evaluation and access to information.

Public participation

Sub-element Detail

Anchor Questions

Rights Implications

Example Scenarios

International standards

Resources and transparency in public participation

What efforts are agencies responsible for ID making to ensure that all residents and citizens are aware of the requirements to register for digital legal ID, and their rights in case of any problems?

If effective public communication is implemented then citizens and /or residents can understand and claim rights and entitlements.

A strategic communication plan is developed and implemented with sufficient budget. This includes at the design stage, a series of public consultations are conducted with representaives from different communities of the country. At the implementation stage, public consultations and perception surveys are regularly done to receive feedback from the users of digital legal ID system.

UN Department of Economic and Social Affairs, Statistics Division 'Handbook on Civil Registration, Vital Statistics and Identity Management Systems: Communication for Development' (2022): https://unstats.un.org/unsd/demographic-social/Standards-and-Methods/files/Handbooks/crvs/crvs-Idm-E.pdf

Resources and accountability for public participation

What are the resources committed to public participation and the publication of comments received through public participation and analysis?

If citizens are aware of the concerns with digital IDs and its implications on their rights, they can build coalitions and exercise choices.

How are these consultations published and made public?

Are the views and concerns of marginal geographies and populations, especially those without connectivity, literacy, and linguistic minorities covered? What steps are being taken to facilitate participation by these groups?

Public participation will ensure there is an ongoing dialogue with the citizens and not just one time feedback.

Legislative oversight (beyond simple adoption of the law)

Have the elements of the digital identification system been debated by national legislature and examined by relevant committees; are members of the legislature sufficiently expert in the issues?

Strong legislative oversight of the executive is one of the principal ways in which government policy can be reviewed and monitored in the interests of the broader public.

One or more legislative committees is given the mandate to consider legislation establishing the digital legal ID and monitor its implementation in practice. Parliamentarians are given the appropriate training and research support to enable them to understand the implications of different design choices.

SDG Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.Generally, see resources at the website of the Inter-Parliamentary Union, including 'Global Parliamentary Report 2017—Parliamentary oversight: Parliament's power to hold government to account' (IPU and UNDP): https://www.ipu.org/impact/democracy-and-strong-parliaments/global-parliamentary-report/global-parliamentary-report-2017-parliamentary-oversight-parliaments-power-hold‍

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World Bank Practitioners Guide: https://id4d.worldbank.org/guide/public-engagement

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‍World Bank 'Engaging Civil Society Organizations (CSOs) for Successful ID Systems: Guidance Note' (2022): https://documents1.worldbank.org/curated/en/099825009302229686/pdf/P17159206578ad0ad0824b0d39898774ed3.pdf

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‍UNDP's CSO engagement guidebook: https://www.undp.org/publications/undp-and-civil-society-organizations-policy-engagement

Civil society involvement

Were citizens and civil society consulted on the proposals for digital legal ID; were any changes made as a result?

By engaging citizens sufficiently through public dialogue on design of digital legal ID and monitoring framework and taking them into account throughout the process, it increases the transparency and reduces the risk of exclusion and bad design.

There is an inclusive and multi-stakeholder consultative approach to the design of the identity system. The consultative approach is ongoing, and conclusions from the consultation are public, so the results can be assessed against the system design. There is a public consultation process that is put in place before any proposed change to the policies. This should be a proactive effort to include users /civil society groups in the design of the system. There has to be an internal audit process with an inter-ministerial steering committee before that.

Media coverage

To what extent do journalists have access to information, and the freedom to investigate and report on the operation of the digital legal ID system in practice?

By making the information available to public, journalists are able to scrutinize and investigate how digital legal ID system is functioning.

Journalists are given freedom to investigate the digital legal idetnity system to the fullest extent permitted by law.

International Covenant on Civil and Political Rights, Art. 19: Freedom of expression: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights‍

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SDG Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.

Monitoring and evaluation

Sub-element Detail

Anchor Questions

Rights Implications

Example Scenarios

International standards

Performance guidelines

Are there performance guidelines? (e.g., a response within x weeks to any application).

By using the guidelines, legitimate expectations of those enrolling in the system are established.

If the performance guidelines are established, the regular monitoring and evaluation can track the record and further improve the authorities' and contractors' effort to improve participation and access to information.

UN Evaluation Group Norms and Standards for Evaluation (2016): http://www.unevaluation.org/document/detail/1914

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OECD guidelines on monitoring and evaluation (M&E): https://www.oecd.org/governance/budgeting/monitoring-and-evaluation

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‍UN DAF 'Monitoring & Evaluation' Guidance: https://unsdg.un.org/sites/default/files/UNDG-UNDAF-Companion-Pieces-6-Monitoring-And-Evaluation.pdf

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‍World Bank ID4D 'Practitioner’s Guide: Version 1.0' (2019): https://id4d.worldbank.org/guide/identity-lifecycle

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‍WHO 'Rapid Assessment of National Civil Registration and Vital Statistics Systems' (2010): https://www.who.int/publications/i/item/rapid-assessment-of-national-civil-registration-and-vital-statistics-systems

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‍The Centre for Internet and Society, 'Governing ID: Principles for Evaluation': https://digitalid.design/index.html#governingID

Are all contractors bound by the same rules?

When performance standards are applied equally to private sector contractors, they are under the same obligations as the government when it comes to the protection of human rights.

Monitoring impact

Do authorities regularly monitor and /or commission evaluation of the performance of the ID system; who has access to these results; are they used to improve the system?

If evaluations of the system are regularly conducted and made public, this enables the legislature and civil society to understand the relevant information for its improvement, and gives opportunities to rectify any human rights violations.

Quarterly reviews of the entire digital identity lifecyle is conducted to understand exclusion. Specifically the following should be reviewed:

a. Documents needed,

b. Enrolment points,

c. Time needed to enrol,

d. Days enrolment centre is open,

e. Awareness campaigns on enrolment and data collected,

f. Active targeting outreach to marginalised groups, across the digital divide, groups that may be sceptical of digital ID to build trust.

Access to information

Sub-element Detail

Anchor Questions

Rights Implications

Example Scenarios

International standards

Access to information by those not involved in managing the system

Is information about the ID system proactively published (for example, in an annual report)?

If disaggregated information about the functioning of the system is published then citizens can monitor the digital ID system which gives opportunities for the government to rectify any human rights violations.

The disaggregated information about the functioning of the system is regulary published via the platform which is accessibly for citizens.

Access to info standards summarised in World Bank Group Governance working paper series 'Proactive transparency: The future of the right to information. A review of standards, challenges, and opportunities' (2010): https://documents.worldbank.org/en/publication/documents-reports/documentdetail/100521468339595607/proactive-transparency-the-future-of-the-right-to-information-a-review-of-standards-challenges-and-opportunities‍

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Article 19 'International standards: Right to information' (2012): https://www.article19.org/resources/international-standards-right-information

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Is there a right to information law in place?

If there is a right to information law in place then citizens can access the information they are entitled to know and better protect individual rights, especially the right to privacy.

Citizens and residents can access information on how the ID system was designed and adopted, and how it is working; civil society and media are able to investigate unfair and corrupt practices in services.This will reduce the risk of human rights violation and exclusion.

International Covenant on Civil and Political Rights, Art.19: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rightsUN Human Rights Committee General Comment 34 (2011): https://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf

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African Commission on Human and Peoples' Rights 'Model law on Access to Information for Africa': https://achpr.au.int/en/node/873

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‍Joint Declaration by UN, OSCE and OAS special mandates on freedom of expression (2004): https://www.ohchr.org/en/statements/2015/05/joint-declaration-freedom-expression-and-responses-conflict-situations

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SDG Target 16.10 (& numerous other sources)Open Government Partnership: https://www.opengovpartnership.org/policy-area/right-to-information

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‍Access-Info Open Government Standards: https://www.access-info.org/wp-content/uploads/Transparency_Standards12072013.pdf

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‍Democracy Reporting International Briefing Paper 'International Standards on Transparency and Accountability' (2014): https://democracy-reporting.org/en/office/global/publications/briefing-paper-47-international-standards-on-transparency-and-accountability