CIVIL SOCIETY ORGANIZATIONS AND THE INTERNETEnhancing Promotion of the Rule of Law

Brian D. Anderson and Howard N. FentonClaude W. Pettit College of LawOhio Northern UniversityAda, Ohio, USA

THE INTERNET AND CIVIL SOCIETY ORGS.

Core principles of democratic governance and rule of law

Internet and ICT use by CSOs can enhance promotion of good governance and the rule of law

Transparency Accessibility Accountability

Government communication through Internet

use and access to information laws

Greater Accessibility

through the use of the Internet and

ICT

CSOs embracing the Internet and ICT to promote

access and accountability

CSOS + ICT AND THE INFORMATION CIRCUITMeaningful government interaction with citizens involves:

• Individuals, commercial entities, and CSOs use ICT to facilitate citizen-government communication

• End Result: meaningful ROL interaction

• Internet and ICT with help of CSOs to inform public

• Internet and ICT for public to obtain Information

Government Information is Disclosed

Disclosed Information

Reaches the Public

Public processes

and reacts to information

Government Officials

respond or are politically sanctioned

CHALLENGES TO EMBEDDING AND EXPANDING THE INTERNET IN THE RULE OF LAW

• ICT/Internet Challenges: Bridging the ‘Digital Divide’

• CSO Challenges: equalizing access and resources

• Government Challenges: Adopting and implementing meaningful access to information laws

INTERNET CHALLENGES

• Overall lack of access• Developing or upgrading

infrastructure is cost prohibitive

• Privatization increases access only insofar as users can afford it

• Predominantly wired technologies have limited capacity to bridge the digital divide

• Rural and remote areas remain largely unconnected

Bridging the ‘Digital Divide’ and Providing Equal Access to the Internet

INTERNET CHALLENGES

• Limitations of existing Internet connections:• Fibre optic & undersea cables must be integrated into infrastructure to

reach rural inland areas• High fixed costs for development of infrastructure passed to consumer

Bridging the ‘Digital Divide and Providing Equal Access to the Internet

INTERNET CHALLENGES

• Socio-Economic barriers

• Geographic limitations and urban-rural divide

• Conflicting societal gender roles

• Inequality in educational opportunities and societal class distinctions

• Disparity of wealth

Bridging the ‘Digital Divide and Providing Equal Access to the Internet

CSO CHALLENGES

• Small indigenous / national CSOs• Play a critical role in assisting citizens with accessing and

understanding information• Encourage accountability and facilitate communication between

citizens and government

compete with

• Large CSOs in primarily urban areas• Well-established and staffed with foreign staff and local elites• Favored by international donors

Overcoming inequality amongst CSOs

GOVERNMENT CHALLENGES

• Despite growth of Access to Information laws, best

practices not always followed

• Legal and political barriers constrain efforts to seek information

• Exceptions in laws often prevent disclosure of information

• International efforts are largely aspirational

Institutional Barriers to Accessibility and Transparency

OPPORTUNITIES TO EXPANDING THE ROLE OF THE INTERNET IN PROMOTING THE RULE OF LAW• ICT / Internet Opportunities:

• Increase use of existing effective projects• Expand new mobile technology

• CSO Opportunities:• Strengthen local indigenous organizations

• Government Challenges: • Meaningfully expand access to information laws• Limit use of exceptions and expand judicial enforcement

INTERNET OPPORTUNITIES

• ICT / Internet Opportunities:

• Increase use of existing effective projects• Telecenters targeted to provide service in

poor dense urban areas and rural areas

• Expand new mobile technology• Cost effective and widely adopted• Widely accessible• Suitable platform for Internet and

e-governance initiatives

Building on existing and new technology

CSO OPPORTUNITIES

• CSO Opportunities:

• Strengthen local indigenous organizations

• Expanded Internet opportunities will enable local CSOs to expand their reach

• Local access for marginalized citizens to receive services from CSOs

Empowering small rural and indigenous organizations

GOVERNMENT OPPORTUNITIES

• Government Opportunities:

• Meaningfully expand access to information laws

• Limit the use of exceptions in existing laws

• Expand judicial enforcement to provide meaningful opportunities to access information

Promoting greater transparency in all development

Brian D. Anderson

Reference Librarian & Assistant Professor

Taggart Law Library

Ohio Northern University Pettit College of Law

b-anderson.6@onu.edu

Howard N. Fenton

Director of the LL.M. Program in Democratic Governance and Rule of Law and Professor of Law

Ohio Northern University Pettit College of Law

h-fenton@onu.edu

Please contact us for questions, discussion, and collaboration!