Research Shows Political Acumen, Not Just Analytical Skills, is Key to Evidence-Informed Policymaking

Curated on Posted on by Stefaan Verhulst

Press Release: “Results for Development (R4D) has released a new study unpacking how evidence translators play a key and somewhat surprising role in ensuring policymakers have the evidence they need to make informed decisions. Translators — who can be evidence producers, policymakers, or intermediaries such as journalists, advocates and expert advisors — identify, filter, interpret, adapt, contextualize and communicate data and evidence for the purposes of policymaking.

The study, Translators’ Role in Evidence-Informed Policymaking, provides a better understanding of who translators are and how different factors influence translators’ ability to promote the use of evidence in policymaking. This research shows translation is an essential function and that, absent individuals or organizations taking up the translator role, evidence translation and evidence-informed policymaking often do not take place.

“We began this research assuming that translators’ technical skills and analytical prowess would prove to be among the most important factors in predicting when and how evidence made its way into public sector decision making,” Nathaniel Heller, executive vice president for integrated strategies at Results for Development, said. “Surprisingly, that turned out not to be the case, and other ‘soft’ skills play a far larger role in translators’ efficacy than we had imagined.”

Key findings include:

  • Translator credibility and reputation are crucial to the ability to gain access to policymakers and to promote the uptake of evidence.
  • Political savvy and stakeholder engagement are among the most critical skills for effective translators.
  • Conversely, analytical skills and the ability to adapt, transform and communicate evidence were identified as being less important stand-alone translator skills.
  • Evidence translation is most effective when initiated by those in power or when translators place those in power at the center of their efforts.

The study includes a definitional and theoretical framework as well as a set of research questions about key enabling and constraining factors that might affect evidence translators’ influence. It also focuses on two cases in Ghana and Argentina to validate and debunk some of the intellectual frameworks around policy translators that R4D and others in the field have already developed. The first case focuses on Ghana’s blue-ribbon commission formed by the country’s president in 2015, which was tasked with reviewing Ghana’s national health insurance scheme. The second case looks at Buenos Aires’ 2016 government-led review of the city’s right to information regime….(More)”.

Latin America is fighting corruption by opening up government data

Curated on Posted on by Stefaan Verhulst

Anoush Darabi in apolitical: “Hardly a country in Latin America has been untouched by corruption scandals; this was just one of the more bizarre episodes. In response, using a variety of open online platforms, both city and national governments are working to lift the lid on government activity, finding new ways to tackle corruption with technology….

In Buenos Aires, government is dealing with the problem by making the details of all its public works projects completely transparent. With BA Obras, an online platform, the city maps projects across the city, and lists detailed information on their cost, progress towards completion and the names of the contractors.

“We allocate an enormous amount of money,” said Alvaro Herrero, Under Secretary for Strategic Management and Institutional Quality for the government of Buenos Aires, who helped to build the tool. “We need to be accountable to citizens in terms of what are we doing with that money.”

The portal is designed to be accessible to the average user. Citizens can filter the map to focus on their neighbourhood, revealing information on existing projects with the click of a mouse.

“A journalist called our communications team a couple of weeks ago,” said Herrero. “He said: ‘I want all the information on all the infrastructure projects that the government has, and I want the documentation.’ Our guy’s answer was, ‘OK, I will send you all the information in ten seconds.’ All he had to do was send a link to the platform.”

Since launching in October 2017 with 80 public works projects, the platform now features over 850. It has had 75,000 unique views, the majority coming in the month after launching.

Making people aware and encouraging them to use it is key. “The main challenge is not the platform itself, but getting residents to use it,” said Herrero. “We’re still in that process.”

Brazil’s public spending checkers

Brazil is using big data analysis to scrutinise its spending via its Public Expenditure Observatory (ODP).

The ODP was founded in 2008 to help monitor spending across government departments systematically. In such a large country, spending data is difficult to pull together, and its volume makes it difficult to analyse. The ODP pulls together disparate information from government databases across the country into a central location, puts it into a consistent format and analyses it for inconsistency. Alongside analysis, the ODP also makes the data public.

For example, in 2010 the ODP analysed expenses made on credit cards by federal government officers. They discovered that 11% of all transactions that year were suspicious, requiring further investigation. After the data was published, credit card expenditure dropped by 25%….(More)”.

Activating Agency or Nudging?

Curated on Posted on by Stefaan Verhulst

Article by Michael Walton: “Two ideas in development – activating agency of citizens and using “nudges” to change their behavior – seem diametrically opposed in spirit: activating latent agency at the ground level versus  top-down designs that exploit people’s behavioral responses. Yet both start from a psychological focus and a belief that changes in people’s behavior can lead to “better” outcomes, for the individuals involved and for society.  So how should we think of these contrasting sets of ideas? When should each approach be used?…

Let’s compare the two approaches with respect to diagnostic frame, practice and ethics.

Diagnostic frame.  

The common ground is recognition that people use short-cuts for decision-making, in ways that can hurt their own interests.  In both approaches, there is an emphasis that decision-making is particularly tough for poor people, given the sheer weight of daily problem-solving.  In behavioral economics one core idea is that we have limited mental “bandwidth” and this form of scarcity hampers decision-making. However, in the “agency” tradition, there is much more emphasis on unearthing and working with the origins of the prevailing mental models, with respect to social exclusion, stigmatization, and the typically unequal economic and cultural relations with respect to more powerful groups in a society.  One approach works more with symptoms, the other with root causes.

Implications for practice.  

The two approaches on display in Cerrito both concern social gains, and both involve a role for an external actor.  But here the contrast is sharp. In the “nudge” approach the external actor is a beneficent technocrat, trying out alternative offers to poor (or non-poor) people to improve outcomes.  A vivid example is alternative messages to tax payers in Guatemala, that induce varying improvements in tax payments.  In the “agency” approach the essence of the interaction is between a front-line worker and an individual or family, with a co-created diagnosis and plan, designed around goals and specific actions that the poor person chooses.  This is akin to what anthropologist Arjun Appadurai termed increasing the “capacity to aspire,” and can extend to greater engagement in civic and political life.

Ethics.

In both approaches, ethics is central.  As implicated in the “nudging for social good as opposed to electoral gain,” some form of ethical regulation is surely needed. In “action to activate agency,” the central ethical issue is of maintaining equality in design between activist and citizen, and explicit owning of any decisions.

What does this imply?

To some degree this is a question of domain of action.  Nudging is most appropriate in a program for which there is a fully supported political and social program, and the issue is how to make it work (as in paying taxes).  The agency approach has a broader ambition, but starts from domains that are potentially within an individual’s control once the sources of “ineffective” or inhibited behavior are tackled, including via front-line interactions with public or private actors….(More)”.

Do Delivery Units Deliver?: Assessing Government Innovations

Curated on Posted on by Stefaan Verhulst

Technical note by Lafuente, Mariano and González, Sebastián prepared as part of the Inter-American Development Bank’s (IDB) agenda on Center of Government: “… analyzes how delivery units (DU) have been adapted by Latin American and Caribbean governments, the degree to which they have contributed to meeting governments’ priority goals between 2007 and 2018, and the lessons learned along the way. The analysis, which draws lessons from 14 governments in the region, shows that the implementation of the DU model has varied as it has been tailored to each country’s context and that, under certain preconditions, has contributed to: (i) improved management using specific tools in contexts where institutional development is low; and (ii) attaining results that have a direct impact on citizens. The objective of this document is to serve as a guide for governments interested in applying similar management models as well as to set out an agenda for the future of DU in the region….(More)“.

How Citizens Can Hack EU Democracy

Curated on Posted on by Stefaan Verhulst

Stephen Boucher at Carnegie Europe: “…To connect citizens with the EU’s decisionmaking center, European politicians will need to provide ways to effectively hack this complex system. These democratic hacks need to be visible and accessible, easily and immediately implementable, viable without requiring changes to existing European treaties, and capable of having a traceable impact on policy. Many such devices could be imagined around these principles. Here are three ideas to spur debate.

Hack 1: A Citizens’ Committee for the Future in the European Parliament

The European Parliament has proposed that twenty-seven of the seventy-three seats left vacant by Brexit should be redistributed among the remaining member states. According to one concept, the other forty-six unassigned seats could be used to recruit a contingent of ordinary citizens from around the EU to examine legislation from the long-term perspective of future generations. Such a “Committee for the Future” could be given the power to draft a response to a yearly report on the future produced by the president of the European Parliament, initiate debates on important political themes of their own choosing, make submissions on future-related issues to other committees, and be consulted by members of the European Parliament (MEPs) on longer-term matters.

MEPs could decide to use these forty-six vacant seats to invite this Committee for the Future to sit, at least on a trial basis, with yearly evaluations. This arrangement would have real benefits for EU politics, acting as an antidote to the union’s existential angst and helping the EU think systemically and for the longer term on matters such as artificial intelligence, biodiversity, climate concerns, demography, mobility, and energy.

Hack 2: An EU Participatory Budget

In 1989, the city of Porto Alegre, Brazil, decided to cede control of a share of its annual budget for citizens to decide upon. This practice, known as participatory budgets, has since spread globally. As of 2015, over 1,500 instances of participatory budgets have been implemented across five continents. These processes generally have had a positive impact, with people proving that they take public spending matters seriously.

To replicate these experiences at the European level, the complex realities of EU budgeting would require specific features. First, participative spending probably would need to be both local and related to wider EU priorities in order to ensure that citizens see its relevance and its wider European implications. Second, significant resources would need to be allocated to help citizens come up with and promote projects. For instance, the city of Paris has ensured that each suggested project that meets the eligibility requirements has a desk officer within its administration to liaise with the idea’s promoters. It dedicates significant resources to reach out to citizens, in particular in the poorer neighborhoods of Paris, both online and face-to-face. Similar efforts would need to be deployed across Europe. And third, in order to overcome institutional complexities, the European Parliament would need to work with citizens as part of its role in negotiating the budget with the European Council.

Hack 3: An EU Collective Intelligence Forum

Many ideas have been put forward to address popular dissatisfaction with representative democracy by developing new forums such as policy labs, consensus conferences, and stakeholder facilitation groups. Yet many citizens still feel disenchanted with representative democracy, including at the EU level, where they also strongly distrust lobby groups. They need to be involved more purposefully in policy discussions.

A yearly Deliberative Poll could be run on a matter of significance, ahead of key EU summits and possibly around the president of the commission’s State of the Union address. On the model of the first EU-wide Deliberative Poll, Tomorrow’s Europe, this event would bring together in Brussels a random sample of citizens from all twenty-seven EU member states, and enable them to discuss various social, economic, and foreign policy issues affecting the EU and its member states. This concept would have a number of advantages in terms of promoting democratic participation in EU affairs. By inviting a truly representative sample of citizens to deliberate on complex EU matters over a weekend, within the premises of the European Parliament, the European Parliament would be the focus of a high-profile event that would draw media attention. This would be especially beneficial if—unlike Tomorrow’s Europe—the poll was not held at arm’s length by EU policymakers, but with high-level national officials attending to witness good-quality deliberation remolding citizens’ views….(More)”.

Digital Government Review of Colombia

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OECD Report: “This review analyses the shift from e-government to digital government in Colombia. It looks at the governance framework for digital government, the use of digital platforms and open data to engage and collaborate with citizens, conditions for a data-driven public sector, and policy coherence in a context of significant regional disparities. It provides concrete policy recommendations on how digital technologies and data can be harnessed for citizen-driven policy making and public service delivery…(More)”.

What kind of Evidence Influences local officials? A great example from Guatemala

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Paper  by Walter Flores: “Between 2007 and up to now, we have implemented five different methods for gathering evidence:

1) Surveys of health clinics with random sampling,

2) Surveys using tracers and convenience-based sampling,

3) Life histories of the users of health services,

4) User complaints submitted via text messages,

5) Video and photography documenting service delivery problems.

Each of these methods was deployed for a period of 2-3 years and accompanied by detailed monitoring to track its effects on two outcome variables:

1) the level of community participation in planning, data collection and analysis; and

2) the responsiveness of the authorities to the evidence presented.

Our initial intervention generated evidence by surveying a random sample of health clinics—widely considered to be a highly rigorous method for collecting evidence. As the surveys were long and technically complicated, participation from the community was close to zero. Yet our expectation was that, given its scientific rigor, authorities would be responsive to the evidence we presented. The government instead used technical methodological objections as a pretext to reject the service delivery problems we identified. It was clear that such arguments were an excuse and authorities did not want to act.

Flores fig 1Our next effort was to simplify the survey and involve communities in surveying, analysis, and report writing. However, as the table shows, participation was still “minimal,” as was the responsiveness of the authorities. Many community members still struggled to participate and the authorities rejected the evidence as unreliable, again citing methodological concerns. Together with community leaders, we decided to move away from surveys altogether, so authorities could no longer use technical arguments to disregard the evidence.

For our next method, we introduced collecting life-stories of real patients and users of health services. The decision about this new method was taken together with communities. Community members were trained to identify cases of poor service delivery, interview users, and write down their experiences. These testimonies vividly described the impact of poor health services: children unable to go to school because they needed to attend to sick relatives; sick parents unable to care for young children; breadwinners unable go to work, leaving families destitute.

This type of evidence changed the meetings between community leaders and authorities considerably, shifting from arguments over data to discussing the struggles real people faced due to nonresponsive services. After a year of responding to individual life-stories, however, authorities started to treat the information presented as “isolated cases” and became less responsive.

We regrouped again with community leaders to reflect on how to further boost community participation and achieve a response from authorities. We agreed that more agile and less burdensome methods for community volunteers to collect and disseminate evidence might increase the response from authorities. After reviewing different options, we agreed to build a complaint system that allowed users to send coded text messages to an open-access platform….(More)”.

The GovLab Selected Readings on Blockchain Technologies and the Governance of Extractives

Curated on Posted on by Andrew Young

Curation by Andrew Young, Anders Pedersen, and Stefaan G. Verhulst

Readings developed together with NRGI, within the context of our joint project on Blockchain technologies and the Governance of Extractives. Thanks to Joyce Zhang and Michelle Winowatan for research support.

We need your help! Please share any additional readings on the use of Blockchain Technologies in the Extractives Sector with [email protected].  

Introduction

By providing new ways to securely identify individuals and organizations, and record transactions of various types in a distributed manner, blockchain technologies have been heralded as a new tool to address information asymmetries, establish trust and improve governance – particularly around the extraction of oil, gas and other natural resources. At the same time, blockchain technologies are been experimented with to optimize certain parts of the extractives value chain – potentially decreasing transparency and accountability while making governance harder to implement.

Across the expansive and complex extractives sector, blockchain technologies are believed to have particular potential for improving governance in three key areas:  

  • Beneficial ownership and illicit flows screening: The identity of those who benefit, through ownership, from companies that extract natural resources is often hidden – potentially contributing to tax evasion, challenges to global sanction regimes, corruption and money laundering.
  • Land registration, licensing and contracting transparency: To ensure companies extract resources responsibly and comply with rules and fee requirements, effective governance and a process to determine who has the rights to extract natural resources, under what conditions, and who is entitled to the land is essential.
  • Commodity trading and supply chain transparency: The commodity trading sector is facing substantive challenges in assessing and verifying the authenticity of for example oil trades. Costly time is spent by commodity traders reviewing documentation of often poor quality. The expectation of the sector is firstly to eliminate time spent verifying the authenticity of traded goods and secondly to reduce the risk premium on trades. Transactions from resources and commodities trades are often opaque and secretive, allowing for governments and companies to conceal how much money they receive from trading, and leading to corruption and evasion of taxation.

In the below we provide a selection of the nascent but growing literature on Blockchain Technologies and Extractives across six categories:

Selected Readings 

Blockchain Technologies and Extractives – Promise and Current Potential

Adams, Richard, Beth Kewell, Glenn Parry. “Blockchain for Good? Digital Ledger Technology and Sustainable Development Goals.” Handbook of Sustainability and Social Science Research. October 27, 2017.

  • This chapter in the Handbook of Sustainability and Social Science Research seeks to reflect and explore the different ways Blockchain for Good (B4G) projects can provide social and environmental benefits under the UN’s Sustainable Goals framework
  • The authors describe the main categories in which blockchain can achieve social impact: mining/consensus algorithms that reward good behavior, benefits linked to currency use in the form of “colored coins,” innovations in supply chain, innovations in government, enabling the sharing economy, and fostering financial inclusion.
  • The chapter concludes that with B4G there is also inevitably “Blockchain for Bad.” There is already critique and failures of DLTs such as the DAO, and more research must be done to identify whether DLTs can provide a more decentralized, egalitarian society, or if they will ultimately be another tool for control and surveillance by organizations and government.

Cullinane, Bernadette, and Randy Wilson. “Transforming the Oil and Gas Industry through Blockchain.” Official Journal of the Australian Institute of Energy News, p 9-10, December 2017.

  • In this article, Cullinane and Wilson explore blockchain’s application in the oil and gas industry “presents a particularly compelling opportunity…due to the high transactional values, associated risks and relentless pressure to reduce costs.”
  • The authors elaborate four areas where blockchain can benefit play a role in transforming the oil and gas industry:
    • Supply chain management
    • Smart contracts
    • Record management
    • Cross-border payments

Da Silva, Filipe M., and Ankita Jaitly. “Blockchain in Natural Resources: Hedging Against Volatile Prices.” Tata Consultancy Services Ltd., 2018.

  • The authors of this white paper assess the readiness of natural resources industries for blockchain technology application, identify areas where blockchain can add value, and outline a strategic plan for its adoption.
  • In particular, they highlight the potential for blockchain in the oil and gas industry to simplify payments, where for example, gas can be delivered directly to consumer homes using a blockchain smart contracting application.

Halford-Thompson, Guy. “Powered by Blockchain: Reinventing Information Management in the Energy Space.” BTL, May 12, 2017.

  • According to Halford-Thompson, “oil and gas companies are exploring blockchain’s promise to revamp inefficient internal processes and achieve significant reductions in operating costs through the automation of record keeping and messaging, the digitization of the supply chain information flow, and the elimination of reconciliation, among many other data management use cases.”
  • The data reconciliation process, for one, is complex and can require significant time for completion. Blockchain technology could not only remove the need for some steps in the information reconciliation process, but also eliminate the need for reconciliation altogether in some instances.

Blockchain Technologies and the Governance of Extractives

(See also: Selected Readings of Blockchain Technologies and its Potential to Transform Governance)

Koeppen, Mark, David Shrier, and Morgan Bazilian. “Is Blockchain’s Future in Oil and Gas Transformative Or Transient?“ Deloitte, 2017.

  • In this report, the authors propose four areas that blockchain can improve for the oil and gas industry, which are:
    • Transparency and compliance: Employment of blockchain is predicted to significantly reduce cost related to compliance, since it securely makes information available to all parties involved in the supply chain.
    • Cyber threats and security: The industry faces constant digital security threat and blockchain provides a solution to address this issue.
    • Mid-volume trading/third party impacts: They argue that the “boundaries between asset classes will blur as cash, energy products and other commodities, from industrial components to apples could all become digital assets trading interoperably.”
    • Smart contract: Since the “sheer size and volume of contracts and transactions to execute capital projects in oil and gas have historically caused significant reconciliation and tracking issues among contractors, sub-contractors, and suppliers,” blockchain-enabled smart contracts could improve the process by executing automatically after all requirements are met, and boosting contract efficiency and protecting each party from volatile pricing.

Mawet, Pierre, and Michael Insogna. “Unlocking the Potential of Blockchain in Oil and Gas Supply Chains.” Accenture Energy Blog, November 21, 2016.

  • The authors propose three ways blockchain technology can boost productivity and efficiency in oil and gas industry:
    • “Greater process efficiency. Smart contracts, for example, can be held in a blockchain transaction with party compliance confirmed through follow-on transactions, reducing third-party supervision and paper-based contracting, thus helping reduce cost and overhead.”
    • “Compliance. Visibility is essential to improve supply chain performance. The immutable record of transactions can aid in product traceability and asset tracking.”
    • “Data transfer from IoT sensors. Blockchain could be used to track the unique history of a device, with the distributed ledger recording data transfer from multiple sensors. Data security in devices could be safeguarded by unique blockchain characteristics.”

Som, Indranil. “Blockchain: Radically Changing the Mining Paradigm.” Digitalist, September 27, 2017.

  • In this article, Som proposes three ways that the blockchain technology can “support leaner organizations and increased security” in the mining industry: improving cybersecurity, increasing transparency through smart contracts, and providing visibility into the supply chain.

Identity: Beneficial Ownership and Illicit Flows

(See also: Selected Readings on Blockchain Technologies and Identity).

de Jong, Julia, Alexander Meyer, and Jeffrey Owens. “Using blockchain for transparent beneficial ownership registers.“ International Tax Review, June 2017.

  • This paper discusses the features of blockchain and distributed ledger technology that can improve collection and distribution of information on beneficial ownership.
  • The FATF and OECD Global Forum regimes have identified a number of common problems related to beneficial ownership information across all jurisdictions, including:
    • “Insufficient accuracy and accessibility of company identification and ownership information;
    • Less rigorous implementation of customer due-diligence (CDD) measures by key gatekeepers such as lawyers, accountants, and trust and company service providers; and
    • Obstacles to information sharing such as data protection and privacy laws, which impede competent authorities from receiving timely access to adequate, accurate and up-to-date information on basic legal and beneficial ownership.”
  • The authors argue that the transparency, immutability, and security offered by blockchain makes it ideally suited for record-keeping, particularly with regards to the ownership of assets. Thus, blockchain can address many of the shortcomings in the current system as identified by the FATF and the OECD.
  • They go on to suggest that a global registry of beneficial ownership using blockchain technology would offer the following benefits:
    • Ensuring real-time accuracy and verification of ownership information
    • Increasing security and control over sensitive personal and commercial information
    • Enhancing audit transparency
    • Creating the potential for globally-linked registries
    • Reducing corruption and fraud, and increasing trust
    • Reducing compliance burden for regulate entities

Herian, Robert. “Trusteeship in a Post-Trust World: Property, Trusts Law and the Blockchain.” The Open University, 2016.

  • This working paper discusses the often overlooked topic of trusteeship and trusts law and the implications of blockchain technology in the space. 
  • “Smart trusts” on the blockchain will distribute trusteeship across a network and, in theory, remove the need for continuous human intervention in trust fund investments thus resolving key issues around accountability and the potential for any breach of trust.
  • Smart trusts can also increase efficiency and security of transactions, which could improve the overall performance of the investment strategy, thereby creating higher returns for beneficiaries.

Karsten, Jack and Darrell M. West (2018): “Venezuela’s “petro” undermines other cryptocurrencies – and international sanctions.” Brookings, Friday, March 9 2018,

  • This article discusses the Venezuelan government’s cryptocurrency, “petro,” which was launched as a solution to the country’s economic crisis and near-worthless currency, “bolívar”
  • Unlike the volatility of other cryptocurrencies such as Bitcoin and Litecoin, one petro’s price is pegged to the price of one barrel of Venezuelan oil – roughly $60
  • And rather than decentralizing control like most blockchain applications, the petro is subject to arbitrary discount factor adjustment, fluctuating oil prices, and a corrupt government known for manipulating its currency
  • The authors warn the petro will not stabilize the Venezuelan economy since only foreign investors funded the presale, yet (from the White Paper) only Venezuelan citizens can use the cryptocurrency to pay taxes, fees, and other expenses. Rather, they argue, the petro represents an attempt to create foreign capital out of “thin air,” which is not subject to traditional economic sanctions.  

Land Registration, Licensing and Contracting Transparency

Michael Graglia and Christopher Mellon. “Blockchain and Property in 2018: At the End of the Beginning.” 2018 World Bank Conference on Land and Poverty, March 19-23, 2018.

  • This paper claims “blockchain makes sense for real estate” because real estate transactions depend on a number of relationships, processes, and intermediaries that must reconcile all transactions and documents for an action to occur. Blockchain and smart contracts can reduce the time and cost of transactions while ensuring secure and transparent record-keeping systems.
  • The ease, efficiency, and security of transactions can also create an “international market for small real estate” in which individuals who cannot afford an entire plot of land can invest small amounts and receive their portion of rental payments automatically through smart contracts.
  • The authors describe seven prerequisites that land registries must fulfill before blockchain can be introduced successfully: accurate data, digitized records, an identity solution, multi-sig wallets, a private or hybrid blockchain, connectivity and a tech aware population, and a trained professional community
  • To achieve the goal of an efficient and secure property registry, the authors propose an 8-level progressive framework through which registries slowly integrate blockchain due to legal complexity of land administration, resulting inertia of existing processes, and high implementation costs.  
    • Level 0 – No Integration
    • Level 1 – Blockchain Recording
    • Level 2 – Smart Workflow
    • Level 3 – Smart Escrow
    • Level 4 – Blockchain Registry
    • Level 5 – Disaggregated Rights
    • Level 6 – Fractional Rights
    • Level 7 – Peer-to-Peer Transactions
    • Level 8 – Interoperability

Thomas, Rod. “Blockchain’s Incompatibility for Use as a Land Registry: Issues of Definition, Feasibility and Risk.“ European Property Law Journal, vol. 6, no. 3, May 2017.

  • Thomas argues that blockchain, as it is currently understood and defined, is unsuited for the transfer of real property rights because it fails to address the need for independent verification and control.
  • Under a blockchain-based system, coin holders would be in complete control of the recordation of the title interests of their land, and thus, it would be unlikely that they would report competing or contested claims.
  • Since land remains in the public domain, the risk of third party possessory title claims are likely to occur; and over time, these risks will only increase exponentially.
  • A blockchain-based land title represents interlinking and sequential transactions over many hundreds, if not thousands, of years, so given the misinformation that would compound over time, it would be difficult to trust the current title holder has a correctly recorded title
  • The author concludes that supporters of blockchain for land registries frequently overlook a registry’s primary function to provide an independent verification of the provenance of stored data.

Vos, Jacob, Christiaan Lemmen, and Bert Beentjes. “Blockchain-Based Land Registry: Panacea, Illusion or Something In Between?“ 2017 World Bank Conference on Land and Poverty, March 20-24, 2017.

  • The authors propose that blockchain is best suited for the following steps in land administration:
    • The issuance of titles
    • The archiving of transactions – specifically in countries that do not have a reliable electronic system of transfer of ownership
  • The step in between issuing titles and archiving transactions is the most complex – the registration of the transaction. This step includes complex relationships between the “triple” of land administration: rights (right in rem and/or personal rights), object (spatial unit), and subject (title holder). For the most part, this step is done manually by registrars, and it is questionable whether blockchain technology, in the form of smart contracts, will be able to process these complex transactions.
  • The authors conclude that one should not underestimate the complexity of the legal system related to land administration. The standardization of processes may be the threshold to success of blockchain-based land administration. The authors suggest instead of seeking to eliminate one party from the process, technologists should cooperate with legal and geodetic professionals to create a system of checks and balances to successfully implement blockchain for land administration.  
  • This paper also outlines five blockchain-based land administration projects launched in Ghana, Honduras, Sweden, Georgia, and Cook County, Illinois.

Commodity Trading and Supply Chain Transparency

Ahmed, Shabir. “Leveraging Blockchain to Revolutionise the Mining Industry.” SAP News, February 27, 2018.

  • In this article, Ahmed identifies seven key use cases for blockchain in the mining industry:
    • Automation of ore acquisition and transfer;
    • Automatic registration of mineral rights and IP;
    • Visibility of ore inventory at ports;
    • Automatic cargo hire process;
    • Process and secure large amounts of IoT data;
    • Reconciling amount produced and sent for processing;
    • Automatically execute procurement and other contracts.

Brooks, Michael. “Blockchain and the Fight Against Illicit Financial Flows.” The Policy Corner, February 19, 2018.

  • In this article, Brooks argues that, “Because of the inherent decentralization and immutability of data within blockchains, it offers a unique opportunity to bypass traditional tracking and transparency initiatives that require strong central governance and low levels of corruption. It could, to a significant extent, bypass the persistent issues of authority and corruption by democratizing information around data consensus, rather than official channels and occasional studies based off limited and often manipulated information. Within the framework of a coherent policy initiative that integrates all relevant stakeholders (states, transnational organizations, businesses, NGOs, other monitors and oversight bodies), a international supply chains supported by blockchain would decrease the ease with which resources can be hidden, numbers altered, and trade misinvoiced.”

“Conflict Free Natural Resources.” Global Opportunity Report 2017. Global Opportunity Network, 2017.

  • In this entry from the Global Opportunity Report, and specifically toward the end of ensuring conflict-free natural resources, Blockchain is labeled as “well-suited for tracking objects and transactions, making it possible for virtually anything of value to be traced. This opportunity is about creating transparency and product traceability in supply chains.

“Blockchain for Traceability in Minerals and Metals Supply Chains: Opportunities and Challenges.” RCS Global and ICMM, 2017.

  • This report is based on insights generated during the Materials Stewardship Round Table on the potential of BCTs for tracking and tracing metals and minerals supply chains, which subsequently informed an RCS Global research initiative on the topic.
  • Insight into two key areas is increasingly desired by downstream manufacturing companies from upstream producers of metals and minerals: provenance and production methods
  • In particular, the report offers five key potential advantages of using Blockchain for mineral and metal supply chain activities:
    • “Builds consensus and trust around responsible production standards between downstream and upstream companies.
    • The immutability of and decentralized control over a blockchain system minimizes the risk of fraud.
    • Defined datasets can be made accessible in real time to any third party, including downstream buyers, auditors, investors, etc. but at the same time encrypted so as to share a proof of fact rather than confidential information.
    • A blockchain system can be easily scaled to include other producers and supply chains beyond those initially involved.
    • Cost reduction due to the paperless nature of a blockchain-enabled CoC [Chain of Custody] system, the potential reduction of audits, and reduction in transaction costs.”

Van Bockstael, Steve. “The emergence of conflict-free, ethical, and Fair Trade mineral supply chain certification systems: A brief introduction.” The Extractives Industries and Society, vol. 5, issue 1, January 2018.

  • This introduction to a special section considers the emerging field of “‘conflict-free’, ‘fair’ and ‘transparently sourced and traded’ minerals” in global industry supply chains.
  • Van Bockstael describes three areas of practice aimed at increasing supply chain transparency:
    • “Initiatives that explicitly try to sever the links between mining or minerals trading and armed conflict of the funding thereof.”
    • “Initiatives, limited in number yet growing, that are explicitly linked to the internationally recognized ‘Fair Trade’ movement and whose aim it is to source artisanally mined minerals for the Western jewellry industry.”
    • “Initiatives that aim to provide consumers or consumer-facing industries with more ethical, transparent and fair supply chains (often using those concepts in fuzzy and interchangeable ways) that are not linked to the established Fair Trade movement” – including, among others, initiatives using Blockchain technology “to create tamper-proof supply chains.”

Global Governance, Standards and Disclosure Practices

Lafarre, Anne and Christoph Van der Elst. “Blockchain Technology for Corporate Governance and Shareholder Activism.” European Corporate Governance Institute (ECGI) – Law Working Paper No. 390/2018, March 8, 2018.

  • This working paper focuses on the potential benefits of leveraging Blockchain during functions involving shareholder and company decision making. Lafarre and Van der Elst argue that “Blockchain technology can lower shareholder voting costs and the organization costs for companies substantially. Moreover, blockchain technology can increase the speed of decision-making, facilitate fast and efficient involvement of shareholders.”
  • The authors argue that in the field of corporate governance, Blockchain offers two important elements: “transparency – via the verifiable way of recording transactions – and trust – via the immutability of these transactions.”
  • Smart contracting, in particular, is seen as a potential avenue for facilitating the ‘agency relationship’ between board members and the shareholders they represent in corporate decision-making processes.

Myung, San Jun. “Blockchain government – a next for of infrastructure for the twenty-first century.” Journal of Open Innovation: Technology, Market, and Complexity, December 2018.

  • This paper argues the idea that Blockchain represents a new form of infrastructure that, given its core consensus mechanism, could replace existing social apparatuses including bureaucracy.
  • Indeed, Myung argues that blockchain and bureaucracy share a number of attributes:
    • “First, both of them are defined by the rules and execute predetermined rules.
    • Second, both of them work as information processing machines for society.
    • Third, both of them work as trust machines for society.”  
  • The piece concludes with five principles for replacing bureaucracy with blockchain for social organization: “1) introducing Blockchain Statute law; 2) transparent disclosure of data and source code; 3) implementing autonomous executing administration; 4) building a governance system based on direct democracy; and 5) making Distributed Autonomous Government (DAG).  

Peters, Gareth and Vishnia, Guy (2016): “Blockchain Architectures for Electronic Exchange Reporting Requirements: EMIR, Dodd Frank, MiFID I/II, MiFIR, REMIT, Reg NMS and T2S.” University College London, August 31, 2016.

  • This paper offers a solution based on blockchain architectures to the regulations of financial exchanges around the world for trade processing and reporting for execution and clearing. In particular, the authors give a detailed overview of EMIR, Dodd Frank, MiFID I/II, MiFIR, REMIT, Reg NMS and T2S.
  • The authors suggest the increasing amount of data from transaction reporting start to be incorporated on a blockchain ledger in order to harness the built-in security and immutability features of the blockchain to support key regulatory features.
  • Specifically, the authors suggest 1) a permissioned blockchain controlled by a regulator or a consortium of market participants for the maintenance of identity data from market participants and 2) blockchain frameworks such as Enigma to be used to facilitate required transparency and reporting aspects related to identities when performing pre- and post-trade reporting as well as for auditing.

“Blockchain Technology and Competition Policy – Issues paper by the Secretariat,” OECD, June 8, 2018.

  • This OECD issues paper poses two key questions about how blockchain technology might increase the relevance of new disclosures practices:
    • “Should competition agencies be given permission to access blockchains? This might enable them to monitor trading prices in real-time, spot suspicious trends, and, when investigating a merger, conduct or market have immediate access to the necessary data without needing to impose burdensome information requests on parties.”
    • “Similarly, easy access to the information on a blockchain for a firm’s owners and head offices would potentially improve the effectiveness of its oversight on its own subsidiaries and foreign holdings. Competition agencies may assume such oversight already exists, but by making it easier and cheaper, a blockchain might make it more effective, which might allow for more effective centralised compliance programmes.”

Michael Pisa and Matt Juden. “Blockchain and Economic Development: Hype vs. Reality.” Center for Global Development Policy Paper, 2017.

  • In this Center for Global Development Policy Paper, the authors examine blockchain’s potential to address four major development challenges: (1) facilitating faster and cheaper international payments, (2) providing a secure digital infrastructure for verifying identity, (3) securing property rights, and (4) making aid disbursement more secure and transparent.
  • The authors conclude that while blockchain may be well suited for certain use cases, the majority of constraints in blockchain-based projects fall outside the scope of technology. Common constraints such as data collection and privacy, governance, and operational resiliency must be addressed before blockchain can be successfully implemented as a solution.

Industry-Specific Case Studies

Chohan, Usman. “Blockchain and the Extractive Industries: Cobalt Case Study,” University of New South Wales, Canberra Discussion Paper Series: Notes on the 21st Century, 2018.

  • In this discussion paper, the author studies the pilot use of blockchain in cobalt mining industry in the Democratic Republic of Congo (DRC). The project tracked the movement of cobalt from artisanal mines through its installation in devices such as smartphones and electric cars.
  • The project records cobalt attributes – weights, dates, times, images, etc. – into the digital ledger to help ensure that cobalt purchases are not contributing to forced child labor or conflict minerals. 

Chohan, Usman. “Blockchain and the Extractive Industries #2: Diamonds Case Study,” University of New South Wales, Canberra Discussion Paper Series: Notes on the 21st Century, 2018.

  • The second case study from Chohan investigates the application of blockchain technology in the extractive industry by studying Anglo-American (AAL) diamond DeBeer’s unit and Everledger’s blockchain projects. 
  • In this study, the author finds that AAL uses blockchain to track gems (carat, color, certificate numbers), starting from extraction and onwards, including when the gems change hands in trade transaction.
  • Like the cobalt pilot, the AAL initiative aims to help avoid supporting conflicts and forced labor, and to improve trading accountability and transparency more generally.

CrowdLaw Manifesto

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At the Rockefeller Foundation Bellagio Center this spring, assembled participants  met to discuss CrowdLaw, namely how to use technology to improve the quality and effectiveness of law and policymaking through greater public engagement. We put together and signed 12 principles to promote the use of CrowdLaw by local legislatures and national parliaments, calling for legislatures, technologists and the public to participate in creating more open and participatory lawmaking practices. We invite you to sign the Manifesto using the form below.

Draft dated May 29, 2018

  1. To improve public trust in democratic institutions, we must improve how we govern in the 21st century.
  2. CrowdLaw is any law, policy-making or public decision-making that offers a meaningful opportunity for the public to participate in one or multiples stages of decision-making, including but not limited to the processes of problem identification, solution identification, proposal drafting, ratification, implementation or evaluation.
  3. CrowdLaw draws on innovative processes and technologies and encompasses diverse forms of engagement among elected representatives, public officials, and those they represent.
  4. When designed well, CrowdLaw may help governing institutions obtain more relevant facts and knowledge as well as more diverse perspectives, opinions and ideas to inform governing at each stage and may help the public exercise political will.
  5. When designed well, CrowdLaw may help democratic institutions build trust and the public to play a more active role in their communities and strengthen both active citizenship and democratic culture.
  6. When designed well, CrowdLaw may enable engagement that is thoughtful, inclusive, informed but also efficient, manageable and sustainable.
  7. Therefore, governing institutions at every level should experiment and iterate with CrowdLaw initiatives in order to create formal processes for diverse members of society to participate in order to improve the legitimacy of decision-making, strengthen public trust and produce better outcomes.
  8. Governing institutions at every level should encourage research and learning about CrowdLaw and its impact on individuals, on institutions and on society.
  9. The public also has a responsibility to improve our democracy by demanding and creating opportunities to engage and then actively contributing expertise, experience, data and opinions.
  10. Technologists should work collaboratively across disciplines to develop, evaluate and iterate varied, ethical and secure CrowdLaw platforms and tools, keeping in mind that different participation mechanisms will achieve different goals.
  11. Governing institutions at every level should encourage collaboration across organizations and sectors to test what works and share good practices.
  12. Governing institutions at every level should create the legal and regulatory frameworks necessary to promote CrowdLaw and better forms of public engagement and usher in a new era of more open, participatory and effective governing.

The CrowdLaw Manifesto has been signed by the following individuals and organizations:

Individuals

  • Victoria Alsina, Senior Fellow at The GovLab and Faculty Associate at Harvard Kennedy School, Harvard University
  • Marta Poblet Balcell , Associate Professor, RMIT University
  • Robert Bjarnason — President & Co-founder, Citizens Foundation; Better Reykjavik
  • Pablo Collada — Former Executive Director, Fundación Ciudadano Inteligente
  • Mukelani Dimba — Co-chair, Open Government Partnership
  • Hélène Landemore, Associate Professor of Political Science, Yale University
  • Shu-Yang Lin, re:architect & co-founder, PDIS.tw
  • José Luis Martí , Vice-Rector for Innovation and Professor of Legal Philosophy, Pompeu Fabra University
  • Jessica Musila — Executive Director, Mzalendo
  • Sabine Romon — Chief Smart City Officer — General Secretariat, Paris City Council
  • Cristiano Ferri Faría — Director, Hacker Lab, Brazilian House of Representatives
  • Nicola Forster — President and Founder, Swiss Forum on Foreign Policy
  • Raffaele Lillo — Chief Data Officer, Digital Transformation Team, Government of Italy
  • Tarik Nesh-Nash — CEO & Co-founder, GovRight; Ashoka Fellow
  • Beth Simone Noveck, Director, The GovLab and Professor at New York University Tandon School of Engineering
  • Ehud Shapiro , Professor of Computer Science and Biology, Weizmann Institute of Science

Organizations

  • Citizens Foundation, Iceland
  • Fundación Ciudadano Inteligente, Chile
  • International School for Transparency, South Africa
  • Mzalendo, Kenya
  • Smart Cities, Paris City Council, Paris, France
  • Hacker Lab, Brazilian House of Representatives, Brazil
  • Swiss Forum on Foreign Policy, Switzerland
  • Digital Transformation Team, Government of Italy, Italy
  • The Governance Lab, New York, United States
  • GovRight, Morocco
  • ICT4Dev, Morocco

On Dimensions of Citizenship

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Introduction by Niall Atkinson, Ann Lui, and Mimi Zeiger to a Special Exhibit and dedicated set of Essays: “We begin by defining citizenship as a cluster of rights, responsibilities, and attachments, and by positing their link to the built environment. Of course architectural examples of this affiliation—formal articulations of inclusion and exclusion—can seem limited and rote. The US-Mexico border wall (“The Wall,” to use common parlance) dominates the cultural imagination. As an architecture of estrangement, especially when expressed as monolithic prototypes staked in the San Diego-Tijuana landscape, the border wall privileges the rhetorical security of nationhood above all other definitions of citizenship—over the individuals, ecologies, economies, and communities in the region. And yet, as political theorist Wendy Brown points out, The Wall, like its many counterparts globally, is inherently fraught as both a physical infrastructure and a nationalist myth, ultimately racked by its own contradictions and paradoxes.

Calling border walls across the world “an ad hoc global landscape of flows and barriers,” Brown writes of the paradoxes that riddle any effort to distinguish the nation as a singular, cohesive form: “[O]ne irony of late modern walling is that a structure taken to mark and enforce an inside/outside distinction—a boundary between ‘us’ and ‘them’ and between friend and enemy—appears precisely the opposite when grasped as part of a complex of eroding lines between the police and the military, subject and patria, vigilante and state, law and lawlessness.”1 While 2018 is a moment when ideologies are most vociferously cast in binary rhetoric, the lived experience of citizenship today is rhizomic, overlapping, and distributed. A person may belong and feel rights and responsibilities to a neighborhood, a voting district, remain a part of an immigrant diaspora even after moving away from their home country, or find affiliation on an online platform. In 2017, Blizzard Entertainment, the maker of World of Warcraft, reported a user community of 46 million people across their international server network. Thus, today it is increasingly possible to simultaneously occupy multiple spaces of citizenship independent from the delineation of a formal boundary.

Conflict often makes visible emergent spaces of citizenship, as highlighted by recent acts both legislative and grassroots. Gendered bathrooms act as renewed sites of civil rights debate. Airports illustrate the thresholds of national control enacted by the recent Muslim bans. Such clashes uncover old scar tissue, violent histories and geographies of spaces. The advance of the Keystone XL pipeline across South Dakota, for example, brought the fight for indigenous sovereignty to the fore.

If citizenship itself designates a kind of border and the networks that traverse and ultimately elude such borders, then what kind of architecture might Dimensions of Citizenship offer in lieu of The Wall? What designed object, building, or space might speak to the heart of what and how it means to belong today? The participants in the United States Pavilion offer several of the clear and vital alternatives deemed so necessary by Samuel R. Delany: The Cobblestone. The Space Station. The Watershed.

Dimensions of Citizenship argues that citizenship is indissociable from the built environment, which is exactly why that relationship can be the source for generating or supporting new forms of belonging. These new forms may be more mutable and ephemeral, but no less meaningful and even, perhaps, ultimately more equitable. Through commissioned projects, and through film, video artworks, and responsive texts, Dimensions of Citizenship exhibits the ways that architects, landscape architects, designers, artists, and writers explore the changing form of citizenship: the different dimensions it can assume (legal, social, emotional) and the different dimensions (both actual and virtual) in which citizenship takes place. The works are valuably enigmatic, wide-ranging, even elusive in their interpretations, which is what contemporary conditions seem to demand. More often than not, the spaces of citizenship under investigation here are marked by histories of inequality and the violence imposed on people, non-human actors, ecologies. Our exhibition features spaces and individuals that aim to manifest the democratic ideals of inclusion against the grain of broader systems: new forms of “sharing economy” platforms, the legacies of the Underground Railroad, tenuous cross-national alliances at the border region, or the seemingly Sisyphean task of buttressing coastline topologies against the rising tides….(More)”.