mySociety’s latest research looks into the impacts of Legal Information Institutes in sub-Saharan Africa. You can read the full paper here.
If you wanted to find out what a specific law covered, how would you do it? Google what you thought the law was and hope that it came up in an internet search? Go to the local public library and look for law books? Ask a friend? In many cases around the world, especially in developing countries, it is almost impossible to get access to the law through these channels. Many sub-Saharan African countries do not routinely publish their legislation online, and fewer still publish the case-law judgments made by the courts.
So where is this information? Does it exist?
The answer is, that it does mostly exist, but much of it is either held in hard copy format within expensive and rare legal textbooks (the kind that can only be found in shiny law offices or prestigious university libraries), or, it is held behind an electronic paywall by a private, profit-making organisation, which requires often eye-watering subscription fees to access.
How, then, can individuals working in the legal field without significant financial backing, access and use the law? Online Legal Information Institutes are the primary answer.
In more than 60 countries around the world, Legal Information Institutes make significant volumes of legal information — legislation, case law, judgements etc — freely available on the internet. They can provide valuable resources to legal students, practitioners and stakeholders.
Despite the fact that a substantial movement exists promoting the principles of free access to law, these services have received relatively little charitable or philanthropic funding — particularly when compared to services that provide information relating to political or fiscal transparency. Is it the case that LIIs are primarily used by comparatively well-paid professionals, and hence deliver little true, positive, impact? Or do LIIs in developing countries, where domestic case law and legislation is already difficult to access, and where social mobility within the professions remains low, perform a greater societal service?
As a financial supporter of a number of African LIIs since 2013, the Indigo Trust, a UK-based philanthropic foundation, commissioned a report to examine the impacts of the LIIs, and whether those impacts could reasonably be amplified with greater investment.
The research identified clear, positive impacts resulting from the existence and use of the LIIs, most notably in South Africa, where the LII proved to be a key tool in increasing access to the legal profession for economically disadvantaged groups. Across the countries studied, the LIIs were also benefiting the development of high quality domestic case law, which had been underdeveloped prior to digitisation; and were considered to be useful tools for citizens in developing a more meaningful understanding of the law.
The publication of this research serves to demonstrate this positive work, and the further development work that can strengthen the LIIs.
Image: Gemma Moulder
On 21st November we will host a seminar at the House of Lords exploring how digital tools are being used in Sub-Saharan Africa to bring parliaments and citizens closer together.
During the seminar, we will be launching our Parliaments and the People: Digital Democracy in Sub-Saharan Africa report, which presents the findings from an extensive and in-depth research study into digital democracy across Nigeria, Kenya, South Africa and Uganda. This research explores the use of digital channels and platforms in communicating political information in the region, and considers the implications for future development in digital and institution-building.
The report analyses the breadth of digital political engagement in the countries studied, and identifies key structural and cultural considerations that influence whether digital solutions to improving democratic engagement, transparency and accountability in governing institutions will be successful.
The findings of this report are more relevant than ever to those interested and involved in international development and institution-building, through which policy implementations digital solutions are being increasingly embedded.
The seminar will bring together researchers, policy makers and practitioners to discuss how the insights from this and other work can be integrated into policy, engagement and future development work.
- Hosted by Lord Purvis of Tweed & Mark Cridge, CEO mySociety
- Dr Rebecca Rumbul, Head of Research, mySociety (Report author)
- Gemma Moulder, Partnership Development Manager, mySociety (Report author)
- Paul Lenz, Trust Executive, Indigo Trust
- Julia Keutgen, Parliamentary Development Advisor, Westminster Foundation for Democracy
- Two further speakers will be announced soon.
Date/time: 21st November 4pm – 6pm.
As capacity is limited, attendance to the event is by invitation only. If you’re interested in attending please email to request an invite and we’ll let you know full details.
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Our recent research interests have taken myself and mySociety’s Head of Research Rebecca to four Sub-Saharan countries over the last two months, where we’ve spoken to 65 individuals from 45 fascinating organisations.
Our aim with this research is to investigate how political information around legislatures and government is produced and consumed in Sub-Saharan Africa.
This information is of course particularly important for us to know as a lot of our work is helping organisations set up digital solutions to allow citizens to connect to their representatives and monitor/ask what they’re doing, as well as trying to simplify and display complex political information.
Through this research we want to better understand political landscapes in the countries we work in to make sure the digital solutions we provide are actually of use. We hope the research will inform us, and others, about what does and doesn’t work when creating parliamentary monitoring and Right To Information websites and other Civic Technology solutions.
We’re aiming to publish the full research report at the end of this year, but read on to hear about the research process, who we met along the way and some interesting highlights.
So back in March Rebecca and I headed off to Abuja in Nigeria to commence the project. With help from our friends at EnoughisEnough Nigeria (EiE) (who we’ve worked with on ShineYourEye) and through our existing contacts with the MacArthur Foundation’s On Nigeria programme we were lucky enough to meet with 20 individuals from a variety of different organisations.
We met and interviewed representatives from: the Centre for Information Technology and Development (CITAD), The Public and Private Development Centre (PPDC), The Freedom for Life Initiative, BudgIT, Women’s Advocates Research and Documentation Centre (WARDC), Shehu Musa Yar’Adua Foundation, Right To Know Nigeria (R2K), Premium Times Centre for Investigative Journalism (PTCIJ) and Connected Development (CODE).
A particular highlight was meeting one of the members of the Nigerian House of Representatives at the National Assembly building, which for us politics nerds was very exciting (see said nerds here to the left)!
From Abuja off we went to Kampala, Uganda. This time our friends at The Africa Freedom of Information Centre (AFIC) generously helped us set up interviews with NGOs and media organisations. We work with AFIC on FOI request site AskYourGov (which uses our Alaveteli software).
We interviewed representatives from: Parliament Watch, Galaxy FM, Collaboration on International ICT Policy for East and Southern Africa (CIPESA), New Vision and HiveCoLab.
One of the most interesting highlights was the discovery of the prevalence of WhatsApp Twitter Facebook (also known as WTF), or Snapchat WhatsApp Instagram Facebook Twitter (SWIFT) data bundles. These only allow users access to these social media channels, and don’t allow web browsing. These data bundles can be purchased for as little as £1 per month, and this is primarily the way that normal citizens experience the internet. Obviously this is highly relevant when we think about our partners’ sites, which might not be accessible to as wide an audience as intended.
After a brief interlude which included organising and hosting our annual research conference TICTeC (phew!), we were back on the road again. This time to Nairobi.
We were lucky enough to have very interesting conversations with representatives from the following organisations: Kictanet, iHub, Sovereign Oversight, World Wide Web Foundation, Africa’s Voice Foundation, International Budget Partnership (IBP), National Democratic Institute (NDI), Mzalendo Trust, Katiba Institute, Local Development Research Institute (LDRI), The Elephant and The Institute for Social Accountability (TISA).
A particular highlight was speaking to one of the lawyers who wrote Kenya’s 2010 constitution (again, hugely exciting for politics geeks!). And who knew that the maximum number of participants in a WhatsApp group is 256? Not us, but everyone we spoke to did! WhatsApp is a huge vector of information in Kenya, including news content and political discussions.
Our final destination was Cape Town in South Africa. Our amazing partners at Parliamentary Monitoring Group (PMG) very generously arranged a great mixture of interviews for us and even took us on a tour of the South African parliament.
During our time in Cape Town we interviewed: a parliamentary researcher, journalists from The Daily Maverick, the Goedgedacht Forum, My Vote Counts, PMG, Open Democracy Advice Centre (ODAC), the Land and Accountability Research Centre (LARC), OpenUp, Black Sash, Congress of South African Trade Unions (COSATU), Dullah Omar Institute and Council for the Advancement of the South African Constitution (CASAC).
A few of the most interesting things we discovered: mobile data is super expensive in South Africa; the proportional party list system to select representatives makes it difficult to hold politicians to account; and Twitter, Facebook and WhatsApp are not used anywhere near as much as they are in the rest of the African countries we’ve looked at.
We are incredibly grateful to all of the above organisations for helping us with this field work, we really appreciate you taking the time to talk to us and helping us with arrangements.
So now we’re back at our desks the real work putting the report together begins. If you have any recommendations of who else Rebecca and I should talk to as part of this research then please do get in touch.
We look forward to sharing our full research findings in our report at the end of the year!
Header image: Flying over Mount Kilimanjaro (author’s own photo)
Does publishing a correspondence with MPs make it more likely that promises will be upheld, and citizens’ voices heard? Thanks to a piece of software we’ve just installed on a partners’ site, we may be about to find out.
As you may know, mySociety supports several partners’ projects worldwide: one of these is People’s Assembly, which, like our own TheyWorkForYou, makes it easier for citizens to find out who their representatives are and what they’re doing in Parliament.
PMG, who run the site, saw the potential of the Open Source WriteInPublic software, which was made by our friends in Chile Fundación Ciudadano Inteligente. Like mySociety’s own UK tool WriteToThem, WriteInPublic allows users to easily contact their representatives; where it differs is that the whole correspondence is published online. It’s a way of holding representatives to account, and making sure that promises or assertions are not forgotten.
Messages to MPs
Here in the UK, of course, MPs only deal with correspondence from their own constituents, but in South Africa, citizens may legitimately write to any MP. Messages are far more frequently about policy rather than personal issues, which might go some way to explaining why a WriteInPublic tool targeting MPs is a more viable prospect than it might be, say, in the UK.
PMG are yet to promote the tool through their newsletter and social media channels, but of course, users are discovering it for themselves on the homepage. In the five weeks since launch, more than 270 messages have been sent to MPs. These can be seen on the MPs’ pages, in a new ‘messages’ tab: here’s an example.
The new tool doesn’t just invite users to write to their MPs directly; People’s Assembly now sports two invitations on its homepage: one to write to an MP, and another to contact a Committee.
PMG have previously had some success in surveying their users over key issues of party funding: the survey results were sent to a sitting Committee, and the chairman reported that they were “very helpful for the Committee’s discussions” and were “used as a reference point to gauge public opinion especially where discussions were deadlocked”.
The group are keen to extend this kind of engagement, and this second tool allows citizens to send a message to a Committee dealing with specific issues such as public works or the police. PMG are planning to continue surveying their users, while also pointing them at the tool as a way of getting public input into the bill-making process.
In the spirit of Democratic Commons, the underlying contact data for the MPs tool (though not the Committees one) is also now being used by Wikidata and our EveryPolitician project, so it’s freely available for anyone to use. For us it’s a win-win when data can not only serve an immediate purpose, but will also go on to provide a resource for anyone else who needs it.