Ambient accountability: intelligence services in Europe and the decline of state secrecy

Abstract

In the 1990s, judgments in the European Court of Human Rights concerning state surveillance forced many West European countries to introduce new parliamentary bodies and formal systems for accountability. Promising both greater transparency and lawful intelligence, these frameworks were then energetically rolled out to Central and Eastern Europe. Although officials boasted about their effectiveness, these formal accountability mechanisms have failed to identify serious abuses over the last decade. Moreover, the security regime in much of Central Europe still remains largely unreconstructed. The article argues that a robust culture of accountability cannot be conjured into existence merely by introducing new laws and regulations, or indeed by the increasing tide of media revelations about intelligence. However, it suggests that we are now seeing the rise of a more complex pattern of ‘ambient accountability’ which is at last challenging the secret state across Europe.     

Responsive planning in development interventions: consulting rights-holders in the Sanitized Villages programme in Kongo Central

This article empirically examines one of the most important causes of the non-implementation of human rights-based approaches to development (HRBAD): their alleged limited relevance for actors on the ground. The article argues that claims about local relevance can only be made after meaningful consultation with local rights-holders. Consulting local rights-holders in order to ensure responsive planning is not only relevant for HRBADs, but for development interventions more generally. The article presents new material on the Sanitized Villages programme in the Democratic Republic of the Congo to assess whether and how rights-holders are consulted, and identifies four mechanisms that can facilitate meaningful consultation.     

Is “good” resettlement policy unimplementable? Learning from advocacy in Cambodia

Accountability advocacy is an increasingly common approach to working with displaced communities. This article explores a resettlement scheme for an Asian Development Bank project in Cambodia in which advocacy interventions resulted in significant improvements in resettlement sites over the eight years of the project. Resettlement standards improved in some of the sites so much that they might now be called “islands of governance”, tightly ring-fenced from the otherwise limited support provided ordinarily to displaced or landless Cambodians. Given these extremes, the article considers whether “good” resettlement policy is implementable. It also argues that best practice resettlement principles, such as the requirement to minimise displacement – no matter how sensible or well-intended when designed at an international level – have the potential for negative unintended consequences in implementation. These impacts cannot necessarily be mitigated through formal monitoring, oversight, and technical assistance. Building on the knowledge already available, it identifies five considerations relevant to resettlement programmes as they continue to evolve.     

Having Your Cake and Eating It,Too: Can Regulatory Agencies Be Both Independent and Accountable?

Independent regulatory agencies (IRAs) were created in various sectors and on different governmental levels to implement liberalization policies. This paper investigates the link between IRAs' independence, which is said to promote regulatory credibility and the use of technical expertise, and their accountability, which is related to the need for controlling and legitimizing independent regulators. The literature on the regulatory state anticipates a positive relation between the independence and accountability of IRAs, but systematic empirical evidence is still lacking. To tackle this question, this paper measures and compares the independence and the accountability of IRAs in three differentially liberalized sectors in Switzerland (telecommunications, electricity and railways). With the application of Social Network Analysis, this piece of research shows that IRAs can be de facto independent and accountable at the same time, but the two features do not necessarily co‐evolve in the same direction.     

Losers’ Consent or Non-Voter Consent? Satisfaction with Democracy in East Asia

In recent times non-governmental organisations (NGOs) in Bangladesh have witnessed massive growth in size, budget and scale of operations. They enjoy growing support from international donors and operate outside the direct control of the government. Their handling of the massive funds aside, increasing involvement of NGOs in economic, social and at times political spheres has given rise to widespread concerns about their accountability including their relationships with the government, donors and the community. This article examines and analyses various dimensions of NGO accountability in Bangladesh. Drawing on evidence from the Grameen Bank and the Bangladesh Rural Advancement Committee (BRAC)—two of Bangladesh's largest and the most successful NGOs—the paper argues that NGO accountability in Bangladesh has been more rhetorical than real. It shows that while formal accountability measures are in place, they suffer from a range of inadequacies and shortcomings. Consequently NGO accountability has remained weak and ineffective in relation to major agents such as the government, donors and the clients. The article further shows that some of the recent developments, such as the proliferation of NGO operations, government organisation (GO)–NGO collaboration and the growing involvement of NGOs in commercial activities, have imposed further limitations on their accountability to key stakeholders.     

困境与理路：网络问责的政府回应性分析

随着公民问责意识的逐渐增强，我国政府对网络问责的回应性不断提升，取得了良好的回应效果，但依旧面临诸多现实困境，如政府权威信息缺失、政府回应的思维方式滞后、回应方式失当、官员回应能力和素养不足以及政府回应的制度化水平较低等。要提高政府有效回应网络问责的基本理路，需推进政府及时发布权威信息，提升官员回应能力与素养，建立长效的网络民意收集与反馈机制，完善规范政府回应行为的法律法规，提升政府回应的主动性。     

Westminster constitutions in the South Pacific: A “policy transfer” approach

Constitutional crises in Fiji and Solomon Islands and donor concerns about “good governance” raise older questions about the appropriateness of introduced constitutions to local conditions. This article analyses the process of transfer of “Westminster” constitutions in island states of the Pacific. It considers the factors that facilitated or constrained transfer into and within the region. It also considers cases where alternatives to Westminster were considered but rejected by the local leaders. The article concludes that Westminster has been spread by replication, almost irrespective of underlying social and political conditions.     

从温州动车事故处理看我国行政问责制的发展

国务院对"7·23"甬温线特别重大铁路交通事故的问责处理构成继非典之后,我国问责发展进程中的另一标志性事件,我们需要以此为契机,重新总结并审视我国问责制的最新进展,从而获得最契合现实所需的我国行政问责制的未来发展方向。     

构建行政决策失误责任追究的封闭运行机制

行政决策失误责任追究应该建立一个封闭运行的系统,在实施行政决策失误责任追究的过程中,各环节和各实施主体之间形成相对封闭的回路关系。行政决策失误责任追究的决策状况日常检查机关、决策失误调查机关、责任追究的执行机关以及责任追究的落实监督反馈机关共同构成一个相对封闭的回路,各机关或系统之间相对独立而又相互负责。     

Land governance and women’s rights in large-scale land acquisitions in Cameroon

This article identifies and examines the role of actors involved in the process of large-scale land acquisitions in Cameroon. It is based on primary data from interviews conducted among principal actors. Findings reveal that government, chiefs, and to some extent elites, play key roles in formal and informal processes that grant land to investors. However, both processes neglect women and affected communities because there are no mechanisms to hold actors accountable to them, especially to women who depend on land for their livelihood. The article concludes that a legal framework that makes the process transparent and promotes accountability and gender inclusiveness is indispensable.