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Argentina
Open Government Reviews
HIGHLIGHTS
2019
What are Open Government
Reviews?
OECD Open Government Reviews support countries in
their efforts to build more transparent, participatory and
accountable governments that can restore citizens’ trust and
promote inclusive growth. They provide in-depth analyses of
open government policies and initiatives, and coupled with
actionable recommendations, they help to further embed
the principles and practices of open government within
policy-making cycles and to evaluate their impacts. To date,
the OECD Secretariat has published around 20 individual
own standing country and region-tailored OECD Open
Government Reviews and around half of GOV’s published
OECD Public Governance Reviews contained a dedicated
chapter on open government.
THE OECD RECOMMENDATION OF THE COUNCIL ON
OPEN GOVERNMENT
In December 2017, the OECD Council adopted the OECD
Recommendation of the Council on Open Government, the
first internationally recognised legal instrument on open
government. Henceforth, any Open Government Review will
be guided by the Recommendation. The elaboration of the
Recommendation was informed by Experts Group on Open
Government, of which Argentina is a member. The Group
brings together more than 20 pioneering OECD member-
and partner countries to discuss how to further advance
open government and open state reforms. The adoption of
the Recommendation originated in more than 15 years of
evidence-based analysis of Open Government strategies
and initiatives, the OECD's Report on Open Government:
the Global Context and the Way Forward (2016) as well as a
successful online public consultation.
THE RATIONALE FOR AN OECD OPEN GOVERNMENT
REVIEW OF ARGENTINA
The Review draws upon the 10 provisions of the OECD
Recommendation of the Council to which Argentina has
adhered. Argentina is the first country to be assessed against
the Recommendation's provisions.
1
Argentina
CHAPTERS OF THE REVIEW
1. Setting the scene: The context for open government reforms in Argentina
2. Creating a sound policy framework for Open Government in Argentina
3. Towards a more solid legal and regulatory framework for Open Government
in Argentina
4. Fostering the effective implementation of open government initiatives
in Argentina
5. Building a monitoring and evaluation framework for Open Government
in Argentina
6. Mainstreaming citizen and stakeholder participation in the policy cycle
in Argentina
7. Moving towards an Open State in Argentina
8. Towards a conducive environment for digital- and open government
reforms in Argentina
8. Oecd work on Open government
METHODOLOGY
The Open Government Review of Argentina is rooted in a solid evidence
base. The OECD Secretariat received responses to tailored Surveys from
the then Ministry of Modernization (current Government Secretariat
of Modernization in the Office of the Chief of Cabinet of Ministers) as
the principal institution in charge of open government in Argentina,
24 national government institutions (line ministries etc.), as well as
15 provinces and 6 institutions from the legislature, the judiciary and
independent public institutions.
During the three OECD fact-finding missions (one of them focusing on
open government at the national level, another primarily focusing on
open government at the provincial level and the third one to discuss the
preliminary recommendations), the OECD conducted interviews with
more than 50 institutions from the executive, the judiciary, the legislature,
independent public institutions and non-governmental actors, including
a wide range of civil society organisations and academics. Peer reviewers
from Canada, Colombia and France accompanied the Review throughout
the entire process and provided valuable input. The Government
Secretariat of Modernization in the Office of the Chief of Cabinet of
Ministers was the main counterpart for this Review.
ARGENTINA 2017
Population 44,694,198
Total area 2,780,400.0 km²
GDP/capita (PPP) USD 20,900.00
Annual GDP growth 2.9%
Unemployment rate 8.4%
Life expectancy 77.5 years
https://www.cia.gov/library/publications/the-world-factbook/geos/ar.html
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OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS
THE SPACE FOR AN OPEN STATE IN ARGENTINA
The cultural, historical, political and socio-economic
context that defines a country inevitably also influences
the design, implementation and evaluation of open
government strategies and initiatives:
l Argentina has seen a democratic consolidation since the
first peaceful transfer of power between democratically
elected presidents in 1989, despite the political, social
and economic turbulences that characterised Argentina’s
passage to the 21st century.
l The country shows high levels of human development
and has made important socio-economic progress. In
2016, Argentina had a Human Development Index of
0.827 - which positions the country at place 45 out of
188 countries and territories in the very high human
development category.
l Argentina continues to experience economic instability,
significant youth unemployment, low social mobility
and is confronted with “extremely high” levels of relative
poverty.
l Only 32% of Argentinians trust the national
government, according to Latinobarometer. These low
trust levels apply to all institutions of the state: only
26% of the population trust the Congress and 25% have
confidence in the judiciary.
l In terms of public trust in politicians, Argentina ranks
118 out of 137 countries, according to the World
Economic Forum’s Global Competitiveness Report 2017-
2018. With regard to the transparency of government
policymaking, Argentina ranks 102 out of 137 countries.
l Argentina has seen an upward trajectory in the
Transparency International Corruption Perception
Index, as it continually improved its score from 34 in
2013 to 39 (0 being highly corrupt/100 being very clean) in
2017, and currently ranks 85th worldwide (Transparency
International, 2017) for perceived corruption levels.
Setting the scene: The context for open
government reforms in Argentina
Reforming and modernising the state is one of the key priorities of the current government of Argentina.
As part of its modernization agenda, Argentina has taken an ambitious and far-reaching approach
to open government reforms. The government has shown that it recognises the potential of open
government reforms to contribute to wider socio-economic and societal objectives. In order to deliver
on its promises, Argentina now needs to institutionalise and increase the impact of its reform agenda.
1.
SETTING THE SCENE: THE CONTEXT FOR OPEN GOVERNMENT REFORMS IN ARGENTINA
HIGHLIGHTS
PRIORITY AREAS OF THIS REVIEW
In order to ensure that open government reforms contribute
to their stated objectives, this Open Government Review
examines certain themes that were jointly identified as
priorities by Argentina and the OECD:
l Institutionalising Open Government: The government
of Argentina aims to enhance institutionalisation in
order to foster sustainability and continuity of the open
government agenda beyond the mandate of a single
government.
l Moving towards an Open State and improving the multi-
level governance of Open Government: The government
aims to find a collaborative approach to open government
implementation that includes all stakeholders, but
respects constitutional provisions and requirements.
l Increasing impact: Argentina aims to move towards
impact through more solid monitoring and evaluation
tools that support and promote performance,
accountability and learning of open government strategies
and initiatives.
TAKING A“BIG BANG APPROACH”TO OPEN
GOVERNMENT TO ADDRESS SOCIO-ECONOMIC
CHALLENGES AND FOSTER TRUST
The current government has taken an approach to open
government that represents a true change of paradigm and
could be characterised as a big bang approach.
l In the space of only a few years, thanks to the efforts
of the then Ministry of Modernization, an important
number of new institutions from all levels of government
and all branches of power joined the open government
agenda.
l Open government initiatives are now being implemented
by institutions across the whole Argentinian state and the
term open government is widely known.
l From a narrow initial focus on e-government, Argentina’s
open government agenda has started to mature, moving
beyond the Open Government Partnership (OGP) process
towards a much broader approach incorporating all open
government principles.
l Argentina has shown its ambition to become an
international leader in a number of fields of open
government, taking over the position of co-chair of the
OGP and improving the country’s position in international
rankings.
3
The President publicly manifested that he works towards
"a State that is accountable, that works for its citizens, with
transparent institutions […] and for that we want a state that is
accountable, that is at the service of citizens, with transparent
public institutions, with a state that sheds light on those dark
recesses which give rise to corrupt practices. And that for us is
what we call an open state" (Macri, 2017).
PRESIDENT MACRI HAS PUT OPEN GOVERNMENT
ON HIS AGENDA
Open government principles figure in key policy documents in Argentina including the State
Modernization Plan, the Federal State Modernization Commitment and, of course, the OGP Action
Plan. In order to foster sustainability, there is a need to align these policy documents. An overarching
National Open Government Strategy could create an umbrella framework for all open government
reforms implemented in Argentina.
DEFINING OPEN GOVERNMENT
Like almost all OECD countries, Argentina has elaborated
its own definition of open government. A solid definition
provides conceptual clarify and supports the elaboration
and implementation of policy documents.
l The former Ministry of Modernization defined open
government as “a process of state transformation
that promotes transparency, citizen participation and
collaboration as principles for the design of innovative
public management”.
l A majority of line ministries (79%) and provinces (80%)
also have a definition of open government in place. This
demonstrates wide uptake of the concept across the
country.
Existing definitions vary widely, indicating that
institutions either do not yet share a common
understanding of what open government entails or
prefer to focus on specific aspects of it.
KEY POLICY DOCUMENTS FOR OPEN GOVERNMENT IN
ARGENTINA
Open government principles have been included in a range
of policy documents in Argentina:
l The State Modernization Plan (Plan de Modernización
del Estado) provides the strategic framework for public
governance reform and includes open government as one
of its core elements.
l The Federal Commitment for the Modernization of
the State (Compromiso Federal para la Modernización del
Estado), elaborated jointly by the national government
and provinces, aims to support the modernization of
provincial administrations and includes open government
as one of its five sub-commitments.
TOWARDS A NATIONAL OPEN GOVERNMENT
STRATEGY
Policy documents operationalise a country’s legal
framework and its definition of open government and
guide the implementation of reforms.
l Countries across the globe have developed OGP Action
Plans and many have integrated open government in
their National Development and / or Modernization Plans
and in sectoral strategies.
l Only a small number of national and subnational
governments have developed a comprehensive whole-of-
government Open Government Strategy (OGS). An OGS
creates a holistic vision for open government and embeds
its principles into a country’s broader policy framework.
l This OECD Open Government Review of Argentina
provides an in-depth overview of the potential benefits
of an Open Government Strategy, coupled with hands-
on and tailor-made guidelines on how to design and
implement such a strategy in Argentina (see full review
on the OECD iLibrary).
Creating a sound policy framework for Open
Government in Argentina
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OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS
2.
HIGHLIGHTS
CREATING A SOUND POLICY FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA
l A variety of sectorial policy documents elaborated by
line ministries make use of open government principles.
For example, the National Women’s Institute National
Plan of Equal Opportunities and Rights was elaborated
using a participatory approach.
l The Undersecretariat for Public Innovation and Open
Government in the former Ministry of Modernization
elaborated a National Open Government Strategy. While
the Strategy is a visually appealing document, it does
not specify a concerted vision or strategic whole-of-
government objectives for open government and it does
not include monitoring and evaluation mechanisms.
l Argentina’s third Open Government Partnership Action
Plan (2017-19) includes commitments from a wide range
of national ministries, all branches of power, independent
public institutions and 11 provinces. It also takes a
sectorial approach (e.g. climate change, education, etc.)
which shows that Argentina acknowledges the potential
of open government reforms to contribute to wider policy
objectives.
l The National Anti-Corruption Plan was approved by
Decree 258 in 2019. The new plan includes references
to open government principles. According to the
Decree, as part of the national open government
agenda, the Undersecretariat of Public Innovation and
Open Government will be in charge of the participatory
development of a public monitoring mechanism for the
Plan.
There is growing support for an umbrella framework
for open government that provides the link between
these broad range of policy documents and defines a
strategic medium- to long-term vision.
RECOMMENDATIONS
1. Design a National Open Government Strategy that
acts as an umbrella for existing policy documents
that include open government initiatives and ensures
that initiatives are implemented in ways that
contribute to a shared vision and common objectives.
■ Co-create the National Open Government Strategy
with all key stakeholders, including civil society
organisations, academia and the private sector.
■ Consider involving the legislature, the judiciary
and independent public institutions, as well as
subnational levels of government, in the design
and implementation of the strategy, thereby
transforming it into an Open State Strategy.
2. Move towards a single definition of open government
that is accepted by the whole public sector, all
branches of power, independent public institutions,
subnational government and external stakeholders.
■ Consider launching a consultative process for the
creation of an updated definition to ensure even
better buy-in and ownership from institutions and
all stakeholders.
■ Encourage individual institutions to continue
elaborating and using their own definitions of open
government that are based on a single definition and
share similar conceptual understandings.
Source: Author’s own work.
Figure 1: Key considerations in the drafting of a National Open
Government Strategy (NOGS)
a) Assessment
of the
situation
b) Identifying
an institution
that coordinates
the design
process
e) Linking the
strategy to
high-level
strategic
documents
d) Defining the
right time
horizon and
ensuring
flexibility
DRAFTING A
NATIONAL OPEN
GOVERNMENT
STRATEGY
c) Political
commitment &
Stakeholder
participation as
key elements
5
The Argentine Constitution contains a number of provisions on transparency, accountability, integrity,
and stakeholder participation that provide a strong basis for the development of open government
strategies and initiatives. Argentina has taken an important step towards the creation of a robust legal
framework for open government through the adoption of the Law on the Right of Access to Public
Information in 2016. While the legal quality of the law reflects this progress, there are additional
opportunities to ensure the law’s effective implementation in the executive branch and promote the
horizontal application across all branches of the state.
ARGENTINA’S 2016 ACCESS TO INFORMATION LAW
A solid legal and regulatory framework provides legal
certainty for all actors involved in open government
reforms and enables governments and citizens to effectively
implement policies. In line with OECD practice, Argentina
adopted a Law on the Right of Access to Public Information
(Ley de Derecho de Acceso a la Información Pública, Law
27.275) in 2016.
l The law extends the previously existing scope of Decree
1172/03 and applies to all branches of the state.
THE CONSTITUTIONAL BASIS FOR OPEN GOVERNMENT
The National Constitution of the Argentine Republic
provides the basis for the development of open government
strategies and initiatives.
l It incorporates a number of provisions on transparency,
accountability, integrity, and stakeholder participation.
l Having open government principles enshrined at the
highest possible legal level creates the necessary legal
certainty and legitimacy for effective implementation of
all subsequent legislation.
Towards a more solid legal and regulatory
framework for open government in Argentina
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OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS
3.
TOWARDS A MORE SOLID LEGAL AND REGULATORY FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA
HIGHLIGHTS
HORIZONTAL COORDINATION AMONG THE ACCESS TO
INFORMATION AGENCIES
To guarantee the effective implementation of the law
on access to information and ensure a co-ordinated
approach to the interpretation and application of the
ATI law, Argentina established the following institutional
framework:
l Article 19 of the ATI law, created the Agency of Access to
Public Information (Agencia de Acceso a la Información
Pública) as a functionally and administratively
autonomous controlling entity in the executive branch
within the Office of the Chief of Cabinet. The agency’s
responsibility is to ensure compliance with the principles
and procedures established by the law, guaranteeing
the effective exercise of the right of access to public
information and promoting the proactive disclosure of
information.
l Replicating the executive’s agency with identical powers
and functions, Article 28 of the ATI law requires the
establishment of separate organs for each independent
institution and branch of the State. Acting in the area of
the respective organisations that created them, all six
access to information agencies shall ensure compliance
with the legal framework, the effective exercise of the
right of access to public information, and the promotion
of active transparency measures.
l The six autonomous agencies established a Coordinating
Roundtable for Access to Public Information (Mesa
de Coordinación Institucional sobre Acceso a la Información
Pública) in November 2017. Little insights can be drawn
from comparative international experience regarding
the establishment of such a large number of access to
information agencies, as most countries have established
only one such institution.
l The new law’s purpose is “to guarantee the effective
exercise of the right of access to public information, to
promote citizen participation and transparency in public
management” (Article 1).
l Unlike many countries, Argentina’s proactive disclosure
of information applies to all branches and institutions,
subject only to limited exceptions. Regarding the classes
of information made public, the right of access covers
all material held by public institutions in all formats,
indifferent of who created it.
l The Argentinian ATI law (Article 13) only permits an
entity to refuse access to information if the requested
information does not exist, if the entity is not legally
obliged to produce the information, or if one of the
exceptions provided for in Article 8 applies.
l In the event of a denial of information, Argentina’s
ATI law (Article 14) allows for the possibility to appeal
decisions directly in courts of first instance and to
initiate administrative complaint procedures with
the Agency of Access to Public Information or the
corresponding respective entity where the information
was originally requested.
l Should the Agency find that an entity failed to comply
with its obligations under the ATI law, it will request the
institution to deliver the information within ten working
days (Article 17). Any non-compliance on the part of
an institution is subject to legal and administrative
proceedings as foreseen in Article 24 (p) and (q).
l The formal aspects and requirements of Argentina’s
appeals procedure to contest the decision of an
institution in cases of refusals of information requests
reflect the common practice of OECD countries. In such
cases, the director of the AAIP can initiate proceedings
legal actions and request administrative investigations
and sanctions from the respective institution in cases of
non-compliance. However, the ATI law does not provide
the Agency with the possibility to directly sanction
officials that do not comply with its decisions or infringe
the law. Consequently, the legal effect and the possibility
of follow-up procedures to address non-compliance
remain unclear.
7
composed of public institutions at the national,
provincial and municipal levels. It’s objective is to
exchange experiences and promote good practices
related to transparency and the right of access to public
information. The Network has the potential to positively
impact the promotion and implementation of the right of
access to information across all levels of the state.
RECOMMENDATIONS
1. Ensure the effective and harmonised application of the
national ATI law across all branches of the state.
■ Continue formalising co-ordination mechanisms
for the various agencies responsible for ATI as part
of the Coordinating Roundtable for Access to Public
Information and beyond, in order to guarantee a
common approach for the full implementation of the
national ATI law.
■ Ensure regular meetings of the agencies’ directors and
consider creating working groups of technical staff to
contribute positively to information exchange at all
levels and full collaboration between the autonomous
institutions.
VERTICAL COORDINATION FOR EFFECTIVE ACCESS TO
PUBLIC INFORMATION
Due to Argentina’s federal structure, the ATI law does not
apply directly to the provincial or municipal levels. However,
a number of opportunities exist to increase legal certainty
for citizens and guarantee effective access to information at
all levels of the state:
l The Constitution provides the possibility for provinces
to declare a federal law applicable in their territory. The
national government can thus inform and encourage
all provinces to adopt legislation on the access to
information and ensure the effective implementation of
existing legislation at the provincial level.
l Article 29 of the national ATI law created the Federal
Council for Transparency (Consejo Federal para la
Transparencia), which is composed of high-level
representatives of all provinces and the City of Buenos
Aires. Established as a permanent interjurisdictional
body, the Council aims to promote technical co-operation
and consultation regarding transparency and access to
information policies across all levels of government.
l Founded in 2014, the Federal Network for Access
to Public Information (Red Federal de Acceso a la
Información Pública) is a voluntary national association
Towards a more solid legal and regulatory
framework for open government in Argentina
8
OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS
3.
TOWARDS A MORE SOLID LEGAL AND REGULATORY FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA
HIGHLIGHTS
request information. To ensure consistency between
institutions, it is important that the fees for the
reproduction and potential delivery of information
are set centrally and remain the same for each entity
providing information.
4. Ensure that a robust and efficient institutional
framework for access to information is in place in the
executive.
■ Ensure that the executive’s Agency of Access to Public
Information has a solid legal basis to enforce the ATI
law and to sanction non-compliance by public entities
and officials.
■ Ensure that the Agency of Access to Public Information
has sufficient financial resources and human capacity
to guarantee the full implementation of the law.
2. Promote the adoption and implementation of ATI
legislation at the provincial level to guarantee access to
information at all levels of the state.
■ Ensure that the Federal Council for Transparency is
provided with a statute and the necessary human and
financial resources to adequately fulfil its co-ordination
role and mandate to promote technical co-operation
and consultation regarding transparency and access to
information policies across all levels of government.
3. Standardise and simplify the process to request
information for all public institutions to make access to
information more citizen-friendly.
■ Develop a single online request form, and potentially
a unified portal, and publish supporting guidelines
for citizens and stakeholders on how and where to
9
The creation and formalisation of the National Open Government Roundtable marks a key step
towards improved dialogue between government and civil society. The move of the former Ministry
of Modernization into the Office of the Chief of Cabinet of Ministers, Argentina’s main Centre of
Government institution, provides additional opportunities to strengthen co-ordination and implement
even more ambitious open government reforms.
l Dedicated and well-trained human resources that
possess open government literacy and the necessary
skills and knowledge to promote a change towards an
open government culture of governance.
CURRENT INSTITUTIONAL ARRANGEMENTS
Various institutions are involved in the implementation of
open government reforms in Argentina:
l The Government Secretariat of Modernization
(SGM) is Argentina’s leading open government actor
at the national level. It was created as the Ministry
of Modernization in 2015 in an effort to reform and
modernise Argentina’s public sector.
AN EFFECTIVE GOVERNANCE STRUCTURE FOR OPEN
GOVERNMENT
According to OECD research, an effective governance
framework for open government includes the following key
elements:
l A central government institution, ideally located in the
centre of government, that has a clear mandate and the
capacity to steer and lead the national open government
agenda.
l An Open Government Steering Committee that co-
ordinates the national open government agenda and
involves all relevant stakeholders from government, civil
society, academia, and the private sector.
Fostering the effective implementation of
open government initiatives in Argentina
10
OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS
4.
FOSTERING THE EFFECTIVE IMPLEMENTATION OF OPEN GOVERNMENT INITIATIVES IN ARGENTINA
l Following the September 2018 government reform,
the Government Secretariat of Modernization was
incorporated into Argentina’s main centre of government
institution, the Office of the Chief of Cabinet of Ministers
(JGM). It is now headed by the Secretary of Government
for Modernization who also acts as Deputy Chief of
Cabinet.
l In addition to the SGM, the core team of open
government in the executive branch consists of the
Secretariat for Institutional Strengthening in the JGM; the
Agency of Access to Public Information; the Ministry of
the Interior, Public Works and Housing; and the National
Anti-Corruption Office.
l Most Argentinian line ministries and public institutions
have either an office or a person in charge of open
government and 28 of them are now participating in the
third OGP Action Plan.
The ever-increasing number of institutions that are involved
in open government reforms is a testimony of the SGM’s
efforts to reach out and mainstream open government and
it creates a strong need for effective co-ordination.
OPEN GOVERNMENT POLICY CO-ORDINATION
Argentina has created a number of mechanisms to co-
ordinate the open government agenda:
l Argentina’s National Open Government Roundtable,
created in the framework of the third OGP Action Plan, is
the primary space for co-ordination and dialogue. Chaired
by the SGM, it includes four government institutions and
four civil society organisations.
l The Roundtable’s role was formalised over the course of
2018. It now has a legal basis in the form of a Resolution.
l Open government contact points were created by the
then MoM in different institutions during the process of
the third OGP Action Plan. However, these contact points
only oversee the implementation of the commitment(s)
made by their entity in the NAP and do not necessarily
have any broader mandate to promote open government
within their institutions.
There is space to reform these co-ordination mechanisms
and make them stronger. For instance, the Roundtable’s
mandate is mainly restricted to the OGP process and it does
not yet include all relevant stakeholders.
11
HIGHLIGHTS
l The Government Lab of Argentina (LABgobar) provides
assistance to ministries and municipalities through the
use of tools to innovate.
l The Design Academy of Public Policy is a collaboration
between the SGM, the INAP and LABgobar. It offers
training courses on innovation for public officials. The
Design Academy of Public Policy is very successful in
terms of outreach, having taught 32,000 students until
March 2019.
Currently, few of the courses and trainings offered focus
specifically on open government and there are different
opportunities to continue raising public servants’
awareness and increase their capacity.
KEY RECOMMENDATIONS
1. Create a National Open Government Steering
Committee (CNGA) in order to institutionalise dialogue
between public institutions and all relevant stakeholders,
and provide a forum to co-ordinate Argentina’s entire
open government agenda, including the design and
implementation of a National Open Government Strategy.
SOUND HUMAN RESOURCE MANAGEMENT AND
INNOVATION INITIATIVES FOR A CHANGE IN THE
CULTURE OF GOVERNANCE
The Argentinian government is pursuing efforts to increase
public servants’ awareness of open government. The
Government Secretariat of Modernization (SGM) has
taken steps to provide trainings and capacity-building
opportunities for public servants, many of which with an
open government angle. They include:
l Líderes en Acción is a programme designed to augment
the competencies of young public officials;
l Protagonistas de Recursos Humanos is an initiative
addressed to HRM officials;
l Construyendo Nuestro Futuro targets high-level public
managers;
l Argentina’s National Institute for Public Administration
(INAP) offers courses with a special focus on Open
Government;
Below: Angel Gurría, Secretary-General of the OECD and Horacio Cartes,
Fostering the effective implementation of
open government initiatives in Argentina
12
OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS
4.
Secretaría de Gobierno de
Modernización del la JGM
Secretaría de Fortalecimiento
Institucional de la JGM
Ministerio de Justicia y
Derechos Humanos
Ministerio de Interior,
Obras Públicas
y Vivienda
Comité
Directivo
Nacional
de Gobierno
Abierto
Representantes
del sector privado
Representantes
del mundo académico
Organizaciones
de la sociedad civil
Agencia de Acceso
a la Información Pública
Oficina Anticorrupción
FOSTERING THE EFFECTIVE IMPLEMENTATION OF OPEN GOVERNMENT INITIATIVES IN ARGENTINA
■ Invite high-level representatives from institutions to
join the Committee to ensure that it can provide the
necessary leadership to the country’s open government
agenda.
■ Ensure participation from civil society organisations
beyond the usual suspects and consider inviting
representatives from the private sector and academia.
■ Create sub-commissions of the CNGA to allow for
discussions at a more technical level and translate a
commonly agreed vision and shared objectives into
concrete actions and initiatives.
2. Take advantage of the new institutional anchorage of
the Government Secretariat of Modernization in the
Office of the Chief of Cabinet of Ministers to strengthen
co-ordination and mainstream open government
principles.
3. Create dedicated Open Government Contact Points in
all public institutions and branches of power, and at all
levels of government, in order to enable a continuous
exchange of experiences and good practices.
■ Build capacity for Contact Points to enable them to
provide individual and personalised support to their
institutions’ public servants.
■ Create a network of Open Government Contact Points
to enable them to exchange experiences and share
good practices.
■ Invite selected Contact Points to meetings of the
National Open Government Steering Committee and its
sub-commissions.
4. Raise awareness among public servants of the
economic, political and social benefits of open
government principles.
■ Advocate for the inclusion of open government
principles in public servants' competency and values
framework, as well as their Terms of References,
including in the provinces.
■ Create (in)official networks of alumni of the Design
Academy of Public Policy to foster dialogue and
exchange.
■ Move towards a strategic approach to Human Resource
Management by including HRM provisions in the
National Open Government Strategy.
Figure 2: Possible composition of the new National Open Government Steering Committee
13
HIGHLIGHTS
The successful implementation of open government initiatives calls for solid monitoring and evaluation
(M&E) tools to support and promote operational and strategic decision-making, performance,
accountability and learning. Argentina has initiated a move towards the institutionalisation of an
M&E culture in 2016, with the introduction of the State Modernisation Plan. The rollout of this plan is
characterised by a gradual approach, starting with building planning capacities at the line ministry
level, then moving to monitoring policy priorities and, eventually, evaluating results.
introduction of the State Modernisation Plan. As part of
this process, the government has designed an integral
monitoring management system. Key projects related to
open government, such as the establishment of the Open
Government Roundtable and the elaboration of the fourth
OGP Action Plan, are monitored through this system.
l Regarding the monitoring of open government initiatives
at the sector level, the SGM’s Undersecretariat of Public
CONSOLIDATING MONITORING AND EVALUATION
MECHANISMS
The Government Secretariat of Modernization (SGM)
is responsible for working with all line ministries to
standardise planning, monitoring and evaluation.
l The country initiated a move towards the
institutionalisation of an M&E culture in 2016 with the
Building a monitoring and evaluation
framework for open government in Argentina
Argentina’s monitoring mechanisms for open government strategies and initiatives
Focus Responsible Type of tool Frequency of
monitoring
Monitoring and
Evaluation
Management System
(Results Management
Dashboard)
Open Government main
strategic projects
(e.g. OGP Action Plan) as
part of the 100
government policy
priorities
Chief of Cabinet
of Ministers
(JGM)
Internal
management
tool
Monthly basis.
UOG’s Dashboard OGP Commitments
(primary)
UOG, Government
Secretary of Modernisa-
tion
Internal
management
tool
Weekly update
Citizen’s dashboard SGM’s priority projects Government Secretary
of Modernisation
Public dashboard Depending on the
project
Trello system OGP Commitments Government Secretary
of Modernisation
Public
Management tool
Dependent on activities’
deadlines.
Meetings are complementa-
ry to Trello and are open to
the public. They are a
mechanism to report
exclusively on the progress
of the 3rd OGP Action Plan
and take place at least once
every two months.
14
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5.
BUILDING A MONITORING AND EVALUATION FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA
HIGHLIGHTS
Innovation and Open Government (UOG) follows up on
the different ongoing initiatives at sector level. These
initiatives focus primarily on the 44 commitments of the
third Open Government Partnership’s (OGP) Action Plan
(2017-2019). This reporting is done using Trello, an online
project management tool. The information provided
through Trello is managed internally by the SGM through
a dedicated dashboard, which differs from the one used
for the Results Management Dashboard.
The M&E system is now more solid but there are further
opportunities for improvement. The existing monitoring
mechanisms developed by the Argentina are able to verify
whether an activity was carried out or not; however,
they do not involve systematic data collection to
assess performance (e.g. by tracking the resources used
to implement an activity or its results). Moreover, the
monitoring of open government initiatives of line ministries
is not yet aligned with any strategic outcome or impact
objective for open government. The SGM’s public follow-up
mechanism (Trello) only contributes to one of the Results
Management Dashboard’s key priority projects – follow-
up of the third OGP Action Plan. Such limited connection
within the JGM’s high-level monitoring system and the
absence of medium and long-term whole-of-government
strategic goals on open government might weaken line
ministries’ incentives to co-operate in a systematic manner.
In this regard, setting high-level strategic objectives
(outcomes and impact goals) can align open government
initiatives, thereby helping to articulate short, medium and
long-term priorities and steer their implementation.
THE IMPORTANCE OF DEVELOPING COMPARABLE
INDICATORS
The Government of Argentina’s objective to mainstream
open government across government requires indicators to
monitor outcomes and impact.
l Both government-wide open government priority goals
and line ministries’ efforts are currently monitored
mainly through process and output indicators, as in most
OECD countries. While process and output indicators can
be useful to measure activity progress, they do not allow
for the assessment whether a policy initiative is delivering
on expected results. These indicators are designed to be
used primarily for internal management.
l Moreover, the Argentina has not yet adopted measures
to control the robustness and quality of the indicators
developed to measure the degree of achievement of open
government initiatives.
TRAINING AND GUIDELINES CAN CONTRIBUTE TO
FOSTER A CULTURE OF M&E AND LEARNING
Public officials need the right skills and incentives to
carry out monitoring and evaluation of open government
initiatives.
l The National Institute of Public Administration (INAP),
under the SGM, conducts training sessions designed
by the UOG on open government and results-oriented
management. However, training on open government
does not focus on how to monitor –and evaluate- the
implementation open government initiatives.
l The INAP has also training sessions on results-based
management (RBM), with the SGM’s National Direction of
Results-Based Management.
l The Design Academy of Public Policy (Academia de
Diseño de Políticas Públicas) provides public servants with
training to use innovative tools to design and implement
public policies, including the use of a theory of change
approach.
In the light of the government’s need to enhance the
capacity of public officials to design, monitor and evaluate
open government initiatives, these training sessions –
despite the relevance of these initiatives – seem somewhat
disconnected and are addressed primarily to different
audiences.
Another instrument to support the development of
capacities in the public sector is the development of
guidelines and toolkits. The GoA has developed guidelines
on Open Government and on Policy Evaluation, as
well as several materials within the framework of the
Design Academy of Public Policy. Nevertheless, similar
to the training sessions, the available guidelines on M&E
are generally not used for the design, monitoring and
evaluation of open government initiatives.
15
COFEMOD and its Open Government Commission continue
to face challenges relating to human resources and finances
that hinder the promotion of multi-level governance
and horizontal co-operation in terms of monitoring and
evaluation.
KEY RECOMMENDATIONS
1. Consider including M&E provisions within a National
Open Government Strategy. Depending on its legal
nature, this could provide a specific mandate to the JGM
to develop an annual M&E plan for the National Open
Government Strategy.
■ Link the monitoring of open government strategic
outcomes and impact objectives (as recommended
in Chapter 2) with different initiatives at sector level,
including the OGP commitments.
■ Use the recommended National Open Government
Steering Committee as an institutional platform to
follow up and discuss the results of M&E activities in a
systematic way.
THE IMPACT EVALUATION OF OPEN GOVERNMENT
INITIATIVES
Assessing the outcomes and impact of policies related to
open government is a relatively new area of interest among
policy makers and researchers and therefore a shared
challenge across OECD countries.
l Argentina’s relatively weak evaluation culture across
government and the absence of a broader institutional
framework for policy evaluation have limited the
government’s capacities to evaluate open government
initiatives.
l However, the GoA launched an Annual Monitoring and
Evaluation Plan for Social Policies and Programmes
in April 2018, which has been prepared – and is being
executed – by the JGM’s National Council for Co-
ordination of Social Policies. This policy has the potential
to become a milestone for the development of a broader
policy evaluation system at the national level. This
annual plan can be used by the Government of Argentina
to conduct pilot evaluations of the openness of social
policies, to explore the causal chain by which open
government can lead to better policies and services.
M&E AND THE MULTI-LEVEL GOVERNANCE OF OPEN
GOVERNMENT
Argentina is carrying out intensive efforts to disseminate
the monitoring and evaluation of open government
principles to all levels of government.
l COFEMOD recently developed criteria to measure the
progress of the Federal Modernisation Commitment. It
created a dashboard with a set of baseline indicators
that enables the calculation of the degree of fulfilment
of commitments. This type of peer benchmarking can
serve as an incentive for the development of sound open
government strategies and initiatives at the provincial
level.
l COFEMOD is also taking active measures to build M&E
capacities at the provincial level, especially through
trainings provided by its Results-Based and Quality
Management Commission.
Building a monitoring and evaluation
framework for open government in Argentina
16
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5.
BUILDING A MONITORING AND EVALUATION FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA
HIGHLIGHTS
■ Develop specific operating principles to monitor
open government initiatives, such as standards for
developing open government outcomes and impact
objectives, standards and templates for monitoring
reports, and rules for the frequency of monitoring.
2. Develop comparable indicators to measure processes,
outputs, outcomes and impact in collaboration with
stakeholders.
■ Consider adopting a theory of change approach for the
development of open government initiatives, to ensure
that each open government initiative pursues a specific
objective (outcome and impact) and to facilitate the
development of indicators associated to each stage
of the intervention process (input, process, output,
outcome and impact).
■ Create a platform to support the co-creation of robust
indicators with the participation of key stakeholders,
such as civil society organisations (CSOs), universities
and think tanks. This could be done, for instance,
within the context of the implementation of the Open
Government National Strategy recommended in the
previous chapters.
3.	Foster a culture of monitoring, evaluation and learning
among public officials by increasing their capacity
to regularly conduct exercises for these purposes in
collaboration with relevant stakeholders.
■ Develop capacity-building activities on the M&E
of open government strategies and initiatives, in
collaboration with relevant stakeholders.
■ Consider the development of a dedicated set of
guidelines to elaborate open government initiatives,
and facilitate the inclusion of process, outputs,
outcomes and impact indicators.
■ Consider mandating the team of the Undersecretariat
for Public Innovation and Open Government in the
SGM to train and assist the different institutions in
using a theory of change approach in the development
of sector initiatives. Piloting projects with specific
institutions could be a feasible starting point.
■ Incorporate M&E think tanks and academia into the
development of these capacity-building activities.
4.	Consider the development of pilot evaluations on
the openness of social policies to assess how open
government improves policy outcomes and impacts.
■ The government could consider evaluating the
transparency or stakeholder participation dimensions
of initiatives where interaction and consultation with
stakeholders would be key to improving outcomes,
such as the Government’s Early Childhood Plan (Plan
de Primera Infancia) and/or specific initiatives to help
parents with children with disabilities.
5.	Strengthen the technical role of COFEMOD
■ Continue ongoing efforts to develop baseline indicators
on open government.
■ Promote capacity-building activities and horizontal
co-operation on the monitoring and evaluation of open
government strategies and initiatives, in partnership
with key stakeholders that are already providing
technical assistance, such as COFEMOD’s Results
and Quality-Oriented Management Commission and
national universities and CSOs.
17
14
Institutional communication can be a tool to raise awareness about the benefits of effective stakeholder
participation. In Argentina, the national government, line ministries and provinces have implemented
various noteworthy consultation practices. However, these initiatives remain scattered. They could now
be aligned to move towards an integrated approach to stakeholder participation.
l The annual conference Argentina Abierta and existing
roundtables such as National Open Government
Roundtable provide fora to communicate about open
government initiatives.
INSTITUTIONALISING STAKEHOLDER PARTICIPATION
In an important move towards an open culture of
governance, the government has started to institutionalise
stakeholder participation in open government.
l The National Open Government Roundtable includes
four CSOs:
l Civil Association for Equality and Justice (Asociación
Civil por la Igualdad y la Justicia, ACIJ)
l Directorio Legislativo
l Latin-American Centre for Human Rights (Centro
Latinoamericano de Derechos Humanos, CLADH)
l Foundation for the Study and Research on Women
(Fundación para el Estudio e Investigación de la Mujer, FEIM)
l A number of ministries and provinces have established
dedicated offices on stakeholder participation.
l As an example for such office, the Secretariat for
Political and Institutional Affairs of the Ministry of the
Interior, Public Works and Housing created a National
Directorate dedicated to Community Relations and
Citizen Participation.
Opportunities for improvement include integrating
organisations from civil society active in specific sectorial
policy areas, such as environment or transport and opening
the table for representatives from the private sector and
academia. One example for this is the participation of
citizens in cultural policies of the Bicentennial Houses
of History and Culture Programme. Citizens are engaged
through focus groups, meetings and virtual spaces to
analyse problems and opportunities for the local creative
industry as well as through the Festival of Ideas programme
that provides open and collaborative spaces to co-create
projects.
COMMUNICATING PARTICIPATION OPPORTUNITIES
OECD research finds that the provision of information and
regular two-way communication with citizens and other
stakeholders constitutes the basis for effective stakeholder
participation. Active use of public communication has
increased substantively in Argentina, both in terms of size
and scope.
l The government has increased its investments in
communication initiatives and shows greater presence
on social media.
l To accompany the State Modernization Plan, the
Ministry developed a communication strategy with a
strong social media focus. It included several activities
targeting different segments of the population through
the use of diverse channels, including social media
platforms, emails, videos, printed communication
material (i.e. posters and flyers), institutional websites
and interactive forums.
Mainstreaming citizen and stakeholder
participation in the policy cycle in Argentina
18
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6.
MAINSTREAMING CITIZEN AND STAKEHOLDER PARTICIPATION IN THE POLICY CYCLE IN ARGENTINA
HIGHLIGHTS
THE PROLIFERATION OF VIRTUAL ENGAGEMENT
PLATFORMS
Central to Argentina’s stakeholder participation
mechanisms is Open Innovation (Innovación Abierta), which
provides for a good practice in open policy-making and is
frequently used by the Secretariat of Modernization.
l The Secretariat strategically uses Open Innovation to
provide not only a virtual platform to be informed, but
also a space for in-person meetings.
l This approach allows participants to share and co-
create knowledge, assess public challenges and seek new
approaches to tackle them.
l Argentina’s Open Innovation paradigm is characterised
by the variety of stakeholders that represent the state, the
private sector and civil society:
As part of its effort to not only inform citizens and other
stakeholders yet also engage them in decision-making
processes, the government of Argentina has created a
wealth of virtual engagement platforms, among other
the platform Public Challenges (Desafíos Públicos). This
platform developed within the framework of Open
Innovation offers citizens and other stakeholders the
opportunity to upload innovative proposals addressing
challenges relevant to society.
In a noteworthy initiative, Argentina has undertaken
efforts to consolidate various websites in a single
platform for consultations conducted by different
ministries or institutions to avoid confusion among
stakeholders. The Platform of Public Consultation
(Plataforma de Consulta Pública) offers ministries the
possibility to ask citizens for input on their respective
policy areas.
STAKEHOLDERS INVOLVED IN OPEN INNOVATION IN ARGENTINA
Participants Role
Representatives
of the State
Event-organisers
• ensure consensus and participation, logistics and outreach, provision of
methodologic framework
Specialists in the topic
• provision of relevant information on the topic, participate in solution
finding, assistance in the mapping exercise and meeting with stakeholders
to be involved
Mentors
• facilitate in the development of the projects, mainly experts from the
public sector who work on the topic
Private sector
Entrepreneurs • provide ideas in the development of the Project
Developers • technical input mainly during the hackathons
Chambers and entreprises
• help to diffuse the ideas of the hackathons, provide speakers, experts and
jury members
Data scientists, designers,
communicators, inventor
• Support in the implementation
Civil society
NGOs/Associations
•“outside perspective”, especially important during the identification of
priority topics, in some occasions can act as mentors and communicators
Academia • crucial role in defining topics and participate as speakers, etc.
Source: Background Report provided by the Secretariat of Modernization (unpublished)
19
14
l The 3rd
OGP Action Plan contains a commitment
on “Perceptions and representations of people with
disabilities about service-providing institutions”.
l The priority areas of the National Plan for Equal
Opportunities and Rights (Plan Nacional de Igualdad de
Oportunidades y Derechos) 2018-2020 were identified with
civil society organisations, trade unions and members
of the Federal Women’s Council (Consejo Federal de las
Mujeres).
l The Ombudsman of Argentina and the National
Penitentiary Procurator committed to “the establishment
of an innovation laboratory for those organisations
responsible for safeguarding rights and in charge of
external scrutiny” in the third OGP Action Plan.
These efforts could now be assembled into an overarching
or guiding document, as summarised in the graph
underneath:
TOWARDS A GUIDING DOCUMENT ON STAKEHOLDER
PARTICIPATION
Argentina has launched a number of initiatives that target
different groups of society, such as:
l As part of the country’s Digital Country Plan (Plan País
Digital), the government created Digital Points (Puntos
Digitales) which seek to modernise municipalities and
enhance the digital inclusion of citizens. To this end,
the government has equipped municipalities across the
country with meeting places open to everyone, including
elderly and young people.
l The Guía Joven developed by the National Institute on
Youth represents a good practice for more structured
provision of information and engagement with youngsters
in Argentina. It offers an overview of all services directed
towards young people that the different ministries have
to offer.
Mainstreaming citizen and stakeholder
participation in the policy cycle in Argentina
A set of
whole-of-
government
citizen
participation
The inclusion of
extensive references and
provisions on citizen
participation in a newly
developed National Open
Government Strategy
20
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6.
MAINSTREAMING CITIZEN AND STAKEHOLDER PARTICIPATION IN THE POLICY CYCLE IN ARGENTINA
HIGHLIGHTS
KEY RECOMMENDATIONS
1. Strengthen the Secretariat of Modernization’s role
as the co-ordinating actor of open government
communication in collaboration with the Secretary of
Public Communication by:
■ Building on successful two-way communication
channels to integrate insights from stakeholders
and strengthen their buy-in. Social media channels,
opportunities for face-to-face meetings such as through
Argentina Abierta, and public events like hackathons
offer such opportunities and could be used with higher
frequency.
■ Considering convening regular meetings with Open
Government Contact Points and all government
communication officers to strengthen their
involvement in communication about open government
initiatives, and share good practices as well as lessons
learned.
2. Continue providing technical support to line ministries
and provinces for the implementation of citizen and
stakeholder participation initiatives.
3. Strategically build on initial contacts established
through the OGP process to foster citizen and
stakeholder participation initiatives in line ministries
and provinces, including beyond the OGP process.
4.	Move beyond the usual suspects by enlarging the
variety of stakeholders that participate in each step of
the policy cycle and reach out to under-represented
groups.
■ Encourage participation in the policy cycle and service
design and delivery, by all interested and/or affected
parties including: individuals regardless of their age,
gender, sexual orientation or religious and political
affiliations; and institutions and organisations
whether governmental or non-governmental or drawn
from civil society, academia, the media or the private
sector.
5.	Consider developing an overarching document
on stakeholder participation to work towards
harmonisation and better alignment of stakeholder
participation practices. The guiding document could
take a variety of forms that address challenges in the
short and medium term.
■ Short-term challenges: whole-of-government citizen
participation guidelines.
■ Medium-term challenges: the inclusion of extensive
reference and provisions on citizen participation in a
newly developed National Open Government Strategy.
21
14
Argentina has taken first steps towards the creation of an open state. In recent years, the collaboration
and exchange of practices between branches of power, independent public institutions and levels of
government has increased significantly. For example, provinces and all branches now participate in the
OGP Action Plan. There are now opportunities to develop a more coherent implementation framework
for the open state agenda and to further strengthen co-ordination.
participation, in support of democracy and inclusive
growth"
l The OECD Recommendation also advices countries to
move progressively from the concept of open government
toward that of Open State (provision 10).
l According to OECD research, in an open state
approach, an entire society jointly develops a common
understanding of and commitment to more openness.
While each institution can and should independently
implement its agenda to promote open government
principles, it only is by joining forces and through
collaboration that an open state approach can develop its
full potential.
THE OECD OPEN STATE APPROACH
The OECD developed the concept of open state in 2015 and
has been actively supporting countries in their open state
agendas ever since.
l In the OECD Recommendation of the Council on Open
Government an Open State is defined as: “when the
executive, legislature, judiciary, independent public
institutions, and all levels of government - recognizing
their respective roles, prerogatives, and overall
independence according to their existing legal and
institutional frameworks - collaborate, exploit synergies,
and share good practices and lessons learned among
themselves and with other stakeholders to promote
transparency, integrity, accountability, and stakeholder
Moving towards an open state in Argentina
22
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7.
TOWARDS A CONDUCIVE ENVIRONMENT FOR DIGITAL- AND OPEN GOVERNMENT REFORMS IN ARGENTINA
HIGHLIGHTS
CROSS-BRANCH COLLABORATION ON OPEN
GOVERNMENT
All branches of power and most independent public
institutions in Argentina have started implementing open
government agendas. In particular:
l All the branches of power and independent public
institutions that responded to the OECD Survey (2018)
have a definition of open government in place and all
have either an office or a person responsible for open
government.
l While none of the institutions has a comprehensive open
government strategy, they all implement a wide variety
of initiatives to foster open government principles.
l The main objective institutions pursue through the
implementation of open government initiatives is
improving transparency.
l All branches of power and independent public
institutions have a general predisposition to collaborate
and co-ordinate open government strategies and
initiatives across branches.
l At present, exchanges between branches of power
often rely on informal networks created through their
involvement in the third OGP Action Plan. Only a small
number of formal co-ordination spaces exist, such
as the Coordinating Roundtable for Access to Public
Information.
The inclusion of all branches of power into the OGP
Action Plan constitutes an important first step towards a
more coherent and co-ordinated approach. The next step
towards an open state could include the creation of formal
spaces for co-ordination and dialogue.
OPEN GOVERNMENT AT PROVINCIAL LEVEL
Open government principles are also well entrenched in
many provinces of Argentina and co-ordination between
levels of government has improved considerably in recent
years.
l The Constitutions of most provinces refer to open
government principles and the majority have some kind
of legislation on access to information in place.
l All provinces have gained experience in implementing
open government initiatives. Open data initiatives are
particularly high on the agenda, followed by initiatives
to foster digital government and transparency.
l 73% of provinces have either a ministry or an office
responsible for open government.
l 80% have their own definition of open government.
Some of these definitions demonstrate an advanced
understanding of open government principles.
l Thanks to extensive outreach efforts on the part of
the national government, the third OGP Action Plan
includes commitments from 11 provinces.
l For most provinces, the most important objective is
“improving the transparency of the public sector”,
followed by “improving the accountability of the public
sector” and “enhancing citizen participation in the
formulation of public policies”.
l The most important challenge provinces face is the lack
of trust of citizens in the institutions.
l Most provinces organise ad hoc working meetings
between different institutions working on open
government. In some cases, these meetings involve civil
society stakeholders and academia.
l The key tool for the vertical co-ordination of open
government initiatives is the Federal Council for
Modernization and Innovation in Public Management
(COFEMOD), which includes all provinces and the
Government Secretariat of Modernization. One of the
Council’s six technical commissions focuses on open
government and innovation.
Vertical co-ordination and dialogue between the national
government and provinces has improved considerably in
recent years. In an effort to continue the move towards
an open state, approaches now need to be harmonised
further and provinces require additional capacity-
building support from the national government.
23
14
KEY RECOMMENDATIONS
1.	Organise regular Open State Meetings of the National
Open Government Steering Committee (CNGA) involving
all branches and independent public institutions, in
order to harmonise approaches and ensure more fluid
and institutionalised exchanges of good practices and
experiences.
■ Invite the people in charge of open government
agendas in all branches of power and in independent
public institutions to participate in the Network of
Open Government Contact Points, in order to facilitate
the sharing of practices and experiences.
2.	Involve all branches of power and independent
public institutions in the elaboration of a National
Open Government Strategy, to ensure that it reflects
a shared vision, common objectives and a common
understanding of what Open Government entails.
■ Consider designing the strategy in a flexible way to
allow all branches and independent public institutions
to adhere to it through high-level declarations and to
develop independent strategies tailored to the needs
of their specific institutions, while contributing to a
common vision.
■ Consider developing an Open State Strategy (rather
than a National Open Government Strategy) by co-
creating joint objectives and promoting co-ordinated
implementation of initiatives together with all
branches of power, independent public institutions and
all levels of government.
3.	Make strategic use of the Open Government
Commission of COFEMOD as the primary space for the
vertical co-ordination of open government reforms.
■ Use the Commission to discuss a shared vision, joint
objectives and, possibly, common initiatives when
designing a National Open Government Strategy, and
consider allowing provinces to adhere to the strategy and
develop their own Provincial Open Government Strategies
that contribute to the overall objectives of the NOGS.
OPEN GOVERNMENT AT MUNICIPAL LEVEL
The national government has created a variety of initiatives
to promote open government at the municipal level.
l The Ecosystem of Innovation programme, led by the
Government Secretariat of Modernization, seeks to
streamline and consolidate municipal public policies in
order to build innovation capacities in local governments.
l The programme Digital Country (País Digital) was
created by the Government Secretariat of Modernization
to co-ordinate digital government initiatives with
provinces and municipalities. This programme provides
subnational administrations with support in areas such
as website creation, digital platforms and open data.
l The Ministry of the Interior’s Undersecretariat
for Municipal Relations has a Municipal Training
Department that gives courses on open government to
municipal governments.
There is a need for the national government to develop
a more co-ordinated and coherent approach to open
government at municipal level in order to fully involve
municipalities in the open state agenda.
Moving towards an open state in Argentina
24
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7.
TOWARDS A CONDUCIVE ENVIRONMENT FOR DIGITAL- AND OPEN GOVERNMENT REFORMS IN ARGENTINA
HIGHLIGHTS
■ Consider giving permanent seats in the Open State
Meetings of the National Committee to the two
provinces that chair the Open Government Commission
of COFEMOD to ensure that agendas are aligned.
4.	Continue supporting provinces in the development of
their own open government agendas that contribute
to the achievement of jointly defined national open
government objectives.
■ Provide additional capacity-building support to
provincial governments by using spaces such as
Argentina Abierta and the Open Government
Commission of COFEMOD.
■ Foster the creation of Provincial Open Government
Steering Committees that bring together all relevant
actors from the provincial government, local civil
society leaders, the private sector and academia, as
well as the other branches of power and independent
public institutions.
5.	Foster a more integrated and holistic national
government approach to open government at the
municipal level, including by involving municipalities
in the design and implementation of the whole-of-
government National Open Government Strategy.
■ Ensure that national government efforts to foster open
government at municipal level are well co-ordinated
with efforts being undertaken by provinces with their
respective municipalities.
25
14
Digital government and open government are mutually reinforcing and both work in support of
democracy and inclusive growth. Both the teams in charge of digital government and open government
are close to decision-making power in Argentina’s Office of the Chief of Cabinet of Ministers. This offers
potential for joint reforms, propelled by political leverage.
FAVOURABLE INSTITUTIONAL FRAMEWORKS FOR
COOPERATION
Both the Secretariat for Digital Government and Innovation
Technology and the Undersecretariat for Public Innovation
and Open Government form part of the Government
Secretariat of Modernization. This can enable a transversal
use of digital- and open government initiatives across the
whole-of- government.
Room for improvement remains in terms of better engaging
stakeholders in digital – and open government initiatives.
MOVING TOWARDS THE IMPLEMENTATION OF THE
OECD RECOMMENDATIONS
Acknowledging the importance of open and digital
government, OECD countries have mandated the OECD
Secretariat to develop own-standing legal instruments
(“Recommendations”) in both areas.
l Argentina has adhered to both the OECD
Recommendation of the Council on Open Government
and the OECD Recommendation of the Council on Digital
Government Strategies.
l Adherence underlines the willingness of the
country to implement the principles included in the
Recommendations and learn from OECD best practices.
Towards a conducive environment for digital-
and open government reforms in Argentina
26
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8.
TOWARDS A CONDUCIVE ENVIRONMENT FOR DIGITAL- AND OPEN GOVERNMENT REFORMS IN ARGENTINA
HIGHLIGHTS
l Evidence from both OECD Reviews show that while
inclusiveness and citizen-driven approaches appear
to be a priority in the context of Information- and
Communication Technology (ICT) projects and initiatives,
untapped potential remains in terms of engaging citizens
in public services.
l There is currently a multitude of digital platforms
such as Consulta Pública or Desafío Públicos. This may
leave stakeholders in doubt about the most appropriate
platform to interact with the government. The central
government acknowledges the need to unify and provide
stakeholders with more clarity on the best way to
interact.
■ The digital platforms Argentina.gob.ar and Mi
Argentina are examples of the willingness of the
central government to adopt a government-as one-
entity approach vis-à-vis its citizens. For instance,
Mi Argentina stands out as a valuable platform that
simplifies citizens’ experiences when accessing once-
analogue public services.
KEY RECOMMENDATIONS
1. Ensure close interaction between the Undersecretariat
for Public Innovation and Open Government and the
Secretariat for Digital Government and Innovation
Technology of the Government Secretariat of
Modernization. This would help to better design and
deliver public services, prioritise data publication, and
foster data re-use.
■ Consider inviting a representative of the digital
government team to the National Open Government
Steering Committee to align agendas.
2. Consider further streamlining the variety of digital
engagement platforms (Mi Argentina, Platform for
Public Consultation, Public Challenges, etc.) and
continue the efforts to make the Platform for Public
Consultation the principal platform for digital
consultation.
27
14
Oecd work
on Open government
OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS
9.
28
OECD Open Government Reviews are part of the OECD’s
broader work on Open Government that includes, among
others, the following elements:
l The Recommendation on Open Government, which
represents the first international legal instrument
on Open Government. Adopted by the OECD
Council on 14 December 2017, it defines a set of
criteria that help adhering countries to design and
implement successful open government agendas. The
Recommendation is available in:
■ English (http://oe.cd/ogrec),
■ French (http://oe.cd/ogrecfr),
■ Spanish (http://oe.cd/ogrecesp).
l As part of the Public Governance Committee (PGC),
the Working Party on Open Government (WPOG)
contributes to advancing the work inside and outside
the organisation by providing a platform for the
exchange of knowledge, data, good practices, and
lessons learned regarding initiatives that promote the
principles of transparency, integrity, accountability
and stakeholders’ participation. It moreover serves to
identify the latest trends that can help push forward
national and international agendas in this area.
The WPOG is composed of senior public officials in
charge of the open government agenda within the
centres of government or a line ministries and it is
open to experts from OECD Members and selected
non-Members, as well as relevant international
organisations and initiatives (such as the Open
Government Partnership, United Nations Development
Programme, the World Bank Group, the regional
development banks). Among its various lines of work,
the working party will focus on how governments can
promote and protect civic space as a precondition
for active participation of citizens and CSOs in the
democratic life of their countries.
l Regional comparative analysis and Networks on
Open and Innovative Government as regular forums
for exchange and peer dialogue in the MENA region,
Latin America and the Caribbean and Southeast Asia.
The Networks serve as platforms to provide countries
from the respective regions with the opportunity to
exchange ideas, experiences, and knowledge on how
to build better and stronger public institutions in the
OECD WORK ON OPEN GOVERNMENT
HIGHLIGHTS
29
areas of open government and citizen participation,
public sector innovation and digital governance and
open data.
l Dialogue with a wide range of stakeholders:
governments, civil society, private sector, media,
academia and independent institutions
(e.g. ombudsman).
l Dissemination and capacity building events to
support the implementation of reforms.
l The OECD has an official partnership with the Open
Government Partnership (OGP) to support countries in
becoming eligible, drafting national action plans and
evaluating impact.
1430
OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS
KEY PUBLICATIONS
Scan the QR code to read the reports
OECD Public Governance Reviews
Towards a New Partnership
with Citizens
JORDaN’s DECENTRalisaTiON REfORm
TowardsaNewPartnershipwithCitizensJORDaN’sDECENTRalisaTiONREfORmOECDPublicGovernanceReviews
OECD Public Governance Reviews
Towards an Open
Government
in Kazakhstan
TowardsanOpenGovernmentinKazakhstanOECDPublicGovernanceReviews
OECD Public Governance Reviews
Open Government
in Costa Rica
OpenGovernmentinCostaRicaOECDPublicGovernanceReviews
The Role of
Ombudsman
Institutions
in Open
Government
OECD Working Paper
on Public Governance
No. 29
19
Gobierno
Abierto
Contexto mundial
y el camino a seguir
2016
ASPECTOS CLAVES
OECD Public Governance Reviews
Open Government in Biscay
OpenGovernmentinBiscayOECDPublicGovernanceReviews
Towards a New Partnership with Citizens - Jordan's
Decentralisation Reform
Towards an Open Government in Kazakhstan
Open Government in Costa Rica
The role of Ombudsman Institutions
Gobierno abierto: Contexto global y el camino a
seguir
Open Government in Biscay
Notes
31
1432
OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS
Notes
For further information:
@OECDgov
www.oecd.org/gov/

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Open Government in Argentina Highlights English

  • 2. What are Open Government Reviews? OECD Open Government Reviews support countries in their efforts to build more transparent, participatory and accountable governments that can restore citizens’ trust and promote inclusive growth. They provide in-depth analyses of open government policies and initiatives, and coupled with actionable recommendations, they help to further embed the principles and practices of open government within policy-making cycles and to evaluate their impacts. To date, the OECD Secretariat has published around 20 individual own standing country and region-tailored OECD Open Government Reviews and around half of GOV’s published OECD Public Governance Reviews contained a dedicated chapter on open government. THE OECD RECOMMENDATION OF THE COUNCIL ON OPEN GOVERNMENT In December 2017, the OECD Council adopted the OECD Recommendation of the Council on Open Government, the first internationally recognised legal instrument on open government. Henceforth, any Open Government Review will be guided by the Recommendation. The elaboration of the Recommendation was informed by Experts Group on Open Government, of which Argentina is a member. The Group brings together more than 20 pioneering OECD member- and partner countries to discuss how to further advance open government and open state reforms. The adoption of the Recommendation originated in more than 15 years of evidence-based analysis of Open Government strategies and initiatives, the OECD's Report on Open Government: the Global Context and the Way Forward (2016) as well as a successful online public consultation. THE RATIONALE FOR AN OECD OPEN GOVERNMENT REVIEW OF ARGENTINA The Review draws upon the 10 provisions of the OECD Recommendation of the Council to which Argentina has adhered. Argentina is the first country to be assessed against the Recommendation's provisions.
  • 3. 1 Argentina CHAPTERS OF THE REVIEW 1. Setting the scene: The context for open government reforms in Argentina 2. Creating a sound policy framework for Open Government in Argentina 3. Towards a more solid legal and regulatory framework for Open Government in Argentina 4. Fostering the effective implementation of open government initiatives in Argentina 5. Building a monitoring and evaluation framework for Open Government in Argentina 6. Mainstreaming citizen and stakeholder participation in the policy cycle in Argentina 7. Moving towards an Open State in Argentina 8. Towards a conducive environment for digital- and open government reforms in Argentina 8. Oecd work on Open government METHODOLOGY The Open Government Review of Argentina is rooted in a solid evidence base. The OECD Secretariat received responses to tailored Surveys from the then Ministry of Modernization (current Government Secretariat of Modernization in the Office of the Chief of Cabinet of Ministers) as the principal institution in charge of open government in Argentina, 24 national government institutions (line ministries etc.), as well as 15 provinces and 6 institutions from the legislature, the judiciary and independent public institutions. During the three OECD fact-finding missions (one of them focusing on open government at the national level, another primarily focusing on open government at the provincial level and the third one to discuss the preliminary recommendations), the OECD conducted interviews with more than 50 institutions from the executive, the judiciary, the legislature, independent public institutions and non-governmental actors, including a wide range of civil society organisations and academics. Peer reviewers from Canada, Colombia and France accompanied the Review throughout the entire process and provided valuable input. The Government Secretariat of Modernization in the Office of the Chief of Cabinet of Ministers was the main counterpart for this Review. ARGENTINA 2017 Population 44,694,198 Total area 2,780,400.0 km² GDP/capita (PPP) USD 20,900.00 Annual GDP growth 2.9% Unemployment rate 8.4% Life expectancy 77.5 years https://www.cia.gov/library/publications/the-world-factbook/geos/ar.html
  • 4. 2 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS THE SPACE FOR AN OPEN STATE IN ARGENTINA The cultural, historical, political and socio-economic context that defines a country inevitably also influences the design, implementation and evaluation of open government strategies and initiatives: l Argentina has seen a democratic consolidation since the first peaceful transfer of power between democratically elected presidents in 1989, despite the political, social and economic turbulences that characterised Argentina’s passage to the 21st century. l The country shows high levels of human development and has made important socio-economic progress. In 2016, Argentina had a Human Development Index of 0.827 - which positions the country at place 45 out of 188 countries and territories in the very high human development category. l Argentina continues to experience economic instability, significant youth unemployment, low social mobility and is confronted with “extremely high” levels of relative poverty. l Only 32% of Argentinians trust the national government, according to Latinobarometer. These low trust levels apply to all institutions of the state: only 26% of the population trust the Congress and 25% have confidence in the judiciary. l In terms of public trust in politicians, Argentina ranks 118 out of 137 countries, according to the World Economic Forum’s Global Competitiveness Report 2017- 2018. With regard to the transparency of government policymaking, Argentina ranks 102 out of 137 countries. l Argentina has seen an upward trajectory in the Transparency International Corruption Perception Index, as it continually improved its score from 34 in 2013 to 39 (0 being highly corrupt/100 being very clean) in 2017, and currently ranks 85th worldwide (Transparency International, 2017) for perceived corruption levels. Setting the scene: The context for open government reforms in Argentina Reforming and modernising the state is one of the key priorities of the current government of Argentina. As part of its modernization agenda, Argentina has taken an ambitious and far-reaching approach to open government reforms. The government has shown that it recognises the potential of open government reforms to contribute to wider socio-economic and societal objectives. In order to deliver on its promises, Argentina now needs to institutionalise and increase the impact of its reform agenda. 1.
  • 5. SETTING THE SCENE: THE CONTEXT FOR OPEN GOVERNMENT REFORMS IN ARGENTINA HIGHLIGHTS PRIORITY AREAS OF THIS REVIEW In order to ensure that open government reforms contribute to their stated objectives, this Open Government Review examines certain themes that were jointly identified as priorities by Argentina and the OECD: l Institutionalising Open Government: The government of Argentina aims to enhance institutionalisation in order to foster sustainability and continuity of the open government agenda beyond the mandate of a single government. l Moving towards an Open State and improving the multi- level governance of Open Government: The government aims to find a collaborative approach to open government implementation that includes all stakeholders, but respects constitutional provisions and requirements. l Increasing impact: Argentina aims to move towards impact through more solid monitoring and evaluation tools that support and promote performance, accountability and learning of open government strategies and initiatives. TAKING A“BIG BANG APPROACH”TO OPEN GOVERNMENT TO ADDRESS SOCIO-ECONOMIC CHALLENGES AND FOSTER TRUST The current government has taken an approach to open government that represents a true change of paradigm and could be characterised as a big bang approach. l In the space of only a few years, thanks to the efforts of the then Ministry of Modernization, an important number of new institutions from all levels of government and all branches of power joined the open government agenda. l Open government initiatives are now being implemented by institutions across the whole Argentinian state and the term open government is widely known. l From a narrow initial focus on e-government, Argentina’s open government agenda has started to mature, moving beyond the Open Government Partnership (OGP) process towards a much broader approach incorporating all open government principles. l Argentina has shown its ambition to become an international leader in a number of fields of open government, taking over the position of co-chair of the OGP and improving the country’s position in international rankings. 3 The President publicly manifested that he works towards "a State that is accountable, that works for its citizens, with transparent institutions […] and for that we want a state that is accountable, that is at the service of citizens, with transparent public institutions, with a state that sheds light on those dark recesses which give rise to corrupt practices. And that for us is what we call an open state" (Macri, 2017). PRESIDENT MACRI HAS PUT OPEN GOVERNMENT ON HIS AGENDA
  • 6. Open government principles figure in key policy documents in Argentina including the State Modernization Plan, the Federal State Modernization Commitment and, of course, the OGP Action Plan. In order to foster sustainability, there is a need to align these policy documents. An overarching National Open Government Strategy could create an umbrella framework for all open government reforms implemented in Argentina. DEFINING OPEN GOVERNMENT Like almost all OECD countries, Argentina has elaborated its own definition of open government. A solid definition provides conceptual clarify and supports the elaboration and implementation of policy documents. l The former Ministry of Modernization defined open government as “a process of state transformation that promotes transparency, citizen participation and collaboration as principles for the design of innovative public management”. l A majority of line ministries (79%) and provinces (80%) also have a definition of open government in place. This demonstrates wide uptake of the concept across the country. Existing definitions vary widely, indicating that institutions either do not yet share a common understanding of what open government entails or prefer to focus on specific aspects of it. KEY POLICY DOCUMENTS FOR OPEN GOVERNMENT IN ARGENTINA Open government principles have been included in a range of policy documents in Argentina: l The State Modernization Plan (Plan de Modernización del Estado) provides the strategic framework for public governance reform and includes open government as one of its core elements. l The Federal Commitment for the Modernization of the State (Compromiso Federal para la Modernización del Estado), elaborated jointly by the national government and provinces, aims to support the modernization of provincial administrations and includes open government as one of its five sub-commitments. TOWARDS A NATIONAL OPEN GOVERNMENT STRATEGY Policy documents operationalise a country’s legal framework and its definition of open government and guide the implementation of reforms. l Countries across the globe have developed OGP Action Plans and many have integrated open government in their National Development and / or Modernization Plans and in sectoral strategies. l Only a small number of national and subnational governments have developed a comprehensive whole-of- government Open Government Strategy (OGS). An OGS creates a holistic vision for open government and embeds its principles into a country’s broader policy framework. l This OECD Open Government Review of Argentina provides an in-depth overview of the potential benefits of an Open Government Strategy, coupled with hands- on and tailor-made guidelines on how to design and implement such a strategy in Argentina (see full review on the OECD iLibrary). Creating a sound policy framework for Open Government in Argentina 4 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 2.
  • 7. HIGHLIGHTS CREATING A SOUND POLICY FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA l A variety of sectorial policy documents elaborated by line ministries make use of open government principles. For example, the National Women’s Institute National Plan of Equal Opportunities and Rights was elaborated using a participatory approach. l The Undersecretariat for Public Innovation and Open Government in the former Ministry of Modernization elaborated a National Open Government Strategy. While the Strategy is a visually appealing document, it does not specify a concerted vision or strategic whole-of- government objectives for open government and it does not include monitoring and evaluation mechanisms. l Argentina’s third Open Government Partnership Action Plan (2017-19) includes commitments from a wide range of national ministries, all branches of power, independent public institutions and 11 provinces. It also takes a sectorial approach (e.g. climate change, education, etc.) which shows that Argentina acknowledges the potential of open government reforms to contribute to wider policy objectives. l The National Anti-Corruption Plan was approved by Decree 258 in 2019. The new plan includes references to open government principles. According to the Decree, as part of the national open government agenda, the Undersecretariat of Public Innovation and Open Government will be in charge of the participatory development of a public monitoring mechanism for the Plan. There is growing support for an umbrella framework for open government that provides the link between these broad range of policy documents and defines a strategic medium- to long-term vision. RECOMMENDATIONS 1. Design a National Open Government Strategy that acts as an umbrella for existing policy documents that include open government initiatives and ensures that initiatives are implemented in ways that contribute to a shared vision and common objectives. ■ Co-create the National Open Government Strategy with all key stakeholders, including civil society organisations, academia and the private sector. ■ Consider involving the legislature, the judiciary and independent public institutions, as well as subnational levels of government, in the design and implementation of the strategy, thereby transforming it into an Open State Strategy. 2. Move towards a single definition of open government that is accepted by the whole public sector, all branches of power, independent public institutions, subnational government and external stakeholders. ■ Consider launching a consultative process for the creation of an updated definition to ensure even better buy-in and ownership from institutions and all stakeholders. ■ Encourage individual institutions to continue elaborating and using their own definitions of open government that are based on a single definition and share similar conceptual understandings. Source: Author’s own work. Figure 1: Key considerations in the drafting of a National Open Government Strategy (NOGS) a) Assessment of the situation b) Identifying an institution that coordinates the design process e) Linking the strategy to high-level strategic documents d) Defining the right time horizon and ensuring flexibility DRAFTING A NATIONAL OPEN GOVERNMENT STRATEGY c) Political commitment & Stakeholder participation as key elements 5
  • 8. The Argentine Constitution contains a number of provisions on transparency, accountability, integrity, and stakeholder participation that provide a strong basis for the development of open government strategies and initiatives. Argentina has taken an important step towards the creation of a robust legal framework for open government through the adoption of the Law on the Right of Access to Public Information in 2016. While the legal quality of the law reflects this progress, there are additional opportunities to ensure the law’s effective implementation in the executive branch and promote the horizontal application across all branches of the state. ARGENTINA’S 2016 ACCESS TO INFORMATION LAW A solid legal and regulatory framework provides legal certainty for all actors involved in open government reforms and enables governments and citizens to effectively implement policies. In line with OECD practice, Argentina adopted a Law on the Right of Access to Public Information (Ley de Derecho de Acceso a la Información Pública, Law 27.275) in 2016. l The law extends the previously existing scope of Decree 1172/03 and applies to all branches of the state. THE CONSTITUTIONAL BASIS FOR OPEN GOVERNMENT The National Constitution of the Argentine Republic provides the basis for the development of open government strategies and initiatives. l It incorporates a number of provisions on transparency, accountability, integrity, and stakeholder participation. l Having open government principles enshrined at the highest possible legal level creates the necessary legal certainty and legitimacy for effective implementation of all subsequent legislation. Towards a more solid legal and regulatory framework for open government in Argentina 6 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 3.
  • 9. TOWARDS A MORE SOLID LEGAL AND REGULATORY FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA HIGHLIGHTS HORIZONTAL COORDINATION AMONG THE ACCESS TO INFORMATION AGENCIES To guarantee the effective implementation of the law on access to information and ensure a co-ordinated approach to the interpretation and application of the ATI law, Argentina established the following institutional framework: l Article 19 of the ATI law, created the Agency of Access to Public Information (Agencia de Acceso a la Información Pública) as a functionally and administratively autonomous controlling entity in the executive branch within the Office of the Chief of Cabinet. The agency’s responsibility is to ensure compliance with the principles and procedures established by the law, guaranteeing the effective exercise of the right of access to public information and promoting the proactive disclosure of information. l Replicating the executive’s agency with identical powers and functions, Article 28 of the ATI law requires the establishment of separate organs for each independent institution and branch of the State. Acting in the area of the respective organisations that created them, all six access to information agencies shall ensure compliance with the legal framework, the effective exercise of the right of access to public information, and the promotion of active transparency measures. l The six autonomous agencies established a Coordinating Roundtable for Access to Public Information (Mesa de Coordinación Institucional sobre Acceso a la Información Pública) in November 2017. Little insights can be drawn from comparative international experience regarding the establishment of such a large number of access to information agencies, as most countries have established only one such institution. l The new law’s purpose is “to guarantee the effective exercise of the right of access to public information, to promote citizen participation and transparency in public management” (Article 1). l Unlike many countries, Argentina’s proactive disclosure of information applies to all branches and institutions, subject only to limited exceptions. Regarding the classes of information made public, the right of access covers all material held by public institutions in all formats, indifferent of who created it. l The Argentinian ATI law (Article 13) only permits an entity to refuse access to information if the requested information does not exist, if the entity is not legally obliged to produce the information, or if one of the exceptions provided for in Article 8 applies. l In the event of a denial of information, Argentina’s ATI law (Article 14) allows for the possibility to appeal decisions directly in courts of first instance and to initiate administrative complaint procedures with the Agency of Access to Public Information or the corresponding respective entity where the information was originally requested. l Should the Agency find that an entity failed to comply with its obligations under the ATI law, it will request the institution to deliver the information within ten working days (Article 17). Any non-compliance on the part of an institution is subject to legal and administrative proceedings as foreseen in Article 24 (p) and (q). l The formal aspects and requirements of Argentina’s appeals procedure to contest the decision of an institution in cases of refusals of information requests reflect the common practice of OECD countries. In such cases, the director of the AAIP can initiate proceedings legal actions and request administrative investigations and sanctions from the respective institution in cases of non-compliance. However, the ATI law does not provide the Agency with the possibility to directly sanction officials that do not comply with its decisions or infringe the law. Consequently, the legal effect and the possibility of follow-up procedures to address non-compliance remain unclear. 7
  • 10. composed of public institutions at the national, provincial and municipal levels. It’s objective is to exchange experiences and promote good practices related to transparency and the right of access to public information. The Network has the potential to positively impact the promotion and implementation of the right of access to information across all levels of the state. RECOMMENDATIONS 1. Ensure the effective and harmonised application of the national ATI law across all branches of the state. ■ Continue formalising co-ordination mechanisms for the various agencies responsible for ATI as part of the Coordinating Roundtable for Access to Public Information and beyond, in order to guarantee a common approach for the full implementation of the national ATI law. ■ Ensure regular meetings of the agencies’ directors and consider creating working groups of technical staff to contribute positively to information exchange at all levels and full collaboration between the autonomous institutions. VERTICAL COORDINATION FOR EFFECTIVE ACCESS TO PUBLIC INFORMATION Due to Argentina’s federal structure, the ATI law does not apply directly to the provincial or municipal levels. However, a number of opportunities exist to increase legal certainty for citizens and guarantee effective access to information at all levels of the state: l The Constitution provides the possibility for provinces to declare a federal law applicable in their territory. The national government can thus inform and encourage all provinces to adopt legislation on the access to information and ensure the effective implementation of existing legislation at the provincial level. l Article 29 of the national ATI law created the Federal Council for Transparency (Consejo Federal para la Transparencia), which is composed of high-level representatives of all provinces and the City of Buenos Aires. Established as a permanent interjurisdictional body, the Council aims to promote technical co-operation and consultation regarding transparency and access to information policies across all levels of government. l Founded in 2014, the Federal Network for Access to Public Information (Red Federal de Acceso a la Información Pública) is a voluntary national association Towards a more solid legal and regulatory framework for open government in Argentina 8 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 3.
  • 11. TOWARDS A MORE SOLID LEGAL AND REGULATORY FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA HIGHLIGHTS request information. To ensure consistency between institutions, it is important that the fees for the reproduction and potential delivery of information are set centrally and remain the same for each entity providing information. 4. Ensure that a robust and efficient institutional framework for access to information is in place in the executive. ■ Ensure that the executive’s Agency of Access to Public Information has a solid legal basis to enforce the ATI law and to sanction non-compliance by public entities and officials. ■ Ensure that the Agency of Access to Public Information has sufficient financial resources and human capacity to guarantee the full implementation of the law. 2. Promote the adoption and implementation of ATI legislation at the provincial level to guarantee access to information at all levels of the state. ■ Ensure that the Federal Council for Transparency is provided with a statute and the necessary human and financial resources to adequately fulfil its co-ordination role and mandate to promote technical co-operation and consultation regarding transparency and access to information policies across all levels of government. 3. Standardise and simplify the process to request information for all public institutions to make access to information more citizen-friendly. ■ Develop a single online request form, and potentially a unified portal, and publish supporting guidelines for citizens and stakeholders on how and where to 9
  • 12. The creation and formalisation of the National Open Government Roundtable marks a key step towards improved dialogue between government and civil society. The move of the former Ministry of Modernization into the Office of the Chief of Cabinet of Ministers, Argentina’s main Centre of Government institution, provides additional opportunities to strengthen co-ordination and implement even more ambitious open government reforms. l Dedicated and well-trained human resources that possess open government literacy and the necessary skills and knowledge to promote a change towards an open government culture of governance. CURRENT INSTITUTIONAL ARRANGEMENTS Various institutions are involved in the implementation of open government reforms in Argentina: l The Government Secretariat of Modernization (SGM) is Argentina’s leading open government actor at the national level. It was created as the Ministry of Modernization in 2015 in an effort to reform and modernise Argentina’s public sector. AN EFFECTIVE GOVERNANCE STRUCTURE FOR OPEN GOVERNMENT According to OECD research, an effective governance framework for open government includes the following key elements: l A central government institution, ideally located in the centre of government, that has a clear mandate and the capacity to steer and lead the national open government agenda. l An Open Government Steering Committee that co- ordinates the national open government agenda and involves all relevant stakeholders from government, civil society, academia, and the private sector. Fostering the effective implementation of open government initiatives in Argentina 10 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 4.
  • 13. FOSTERING THE EFFECTIVE IMPLEMENTATION OF OPEN GOVERNMENT INITIATIVES IN ARGENTINA l Following the September 2018 government reform, the Government Secretariat of Modernization was incorporated into Argentina’s main centre of government institution, the Office of the Chief of Cabinet of Ministers (JGM). It is now headed by the Secretary of Government for Modernization who also acts as Deputy Chief of Cabinet. l In addition to the SGM, the core team of open government in the executive branch consists of the Secretariat for Institutional Strengthening in the JGM; the Agency of Access to Public Information; the Ministry of the Interior, Public Works and Housing; and the National Anti-Corruption Office. l Most Argentinian line ministries and public institutions have either an office or a person in charge of open government and 28 of them are now participating in the third OGP Action Plan. The ever-increasing number of institutions that are involved in open government reforms is a testimony of the SGM’s efforts to reach out and mainstream open government and it creates a strong need for effective co-ordination. OPEN GOVERNMENT POLICY CO-ORDINATION Argentina has created a number of mechanisms to co- ordinate the open government agenda: l Argentina’s National Open Government Roundtable, created in the framework of the third OGP Action Plan, is the primary space for co-ordination and dialogue. Chaired by the SGM, it includes four government institutions and four civil society organisations. l The Roundtable’s role was formalised over the course of 2018. It now has a legal basis in the form of a Resolution. l Open government contact points were created by the then MoM in different institutions during the process of the third OGP Action Plan. However, these contact points only oversee the implementation of the commitment(s) made by their entity in the NAP and do not necessarily have any broader mandate to promote open government within their institutions. There is space to reform these co-ordination mechanisms and make them stronger. For instance, the Roundtable’s mandate is mainly restricted to the OGP process and it does not yet include all relevant stakeholders. 11 HIGHLIGHTS
  • 14. l The Government Lab of Argentina (LABgobar) provides assistance to ministries and municipalities through the use of tools to innovate. l The Design Academy of Public Policy is a collaboration between the SGM, the INAP and LABgobar. It offers training courses on innovation for public officials. The Design Academy of Public Policy is very successful in terms of outreach, having taught 32,000 students until March 2019. Currently, few of the courses and trainings offered focus specifically on open government and there are different opportunities to continue raising public servants’ awareness and increase their capacity. KEY RECOMMENDATIONS 1. Create a National Open Government Steering Committee (CNGA) in order to institutionalise dialogue between public institutions and all relevant stakeholders, and provide a forum to co-ordinate Argentina’s entire open government agenda, including the design and implementation of a National Open Government Strategy. SOUND HUMAN RESOURCE MANAGEMENT AND INNOVATION INITIATIVES FOR A CHANGE IN THE CULTURE OF GOVERNANCE The Argentinian government is pursuing efforts to increase public servants’ awareness of open government. The Government Secretariat of Modernization (SGM) has taken steps to provide trainings and capacity-building opportunities for public servants, many of which with an open government angle. They include: l Líderes en Acción is a programme designed to augment the competencies of young public officials; l Protagonistas de Recursos Humanos is an initiative addressed to HRM officials; l Construyendo Nuestro Futuro targets high-level public managers; l Argentina’s National Institute for Public Administration (INAP) offers courses with a special focus on Open Government; Below: Angel Gurría, Secretary-General of the OECD and Horacio Cartes, Fostering the effective implementation of open government initiatives in Argentina 12 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 4.
  • 15. Secretaría de Gobierno de Modernización del la JGM Secretaría de Fortalecimiento Institucional de la JGM Ministerio de Justicia y Derechos Humanos Ministerio de Interior, Obras Públicas y Vivienda Comité Directivo Nacional de Gobierno Abierto Representantes del sector privado Representantes del mundo académico Organizaciones de la sociedad civil Agencia de Acceso a la Información Pública Oficina Anticorrupción FOSTERING THE EFFECTIVE IMPLEMENTATION OF OPEN GOVERNMENT INITIATIVES IN ARGENTINA ■ Invite high-level representatives from institutions to join the Committee to ensure that it can provide the necessary leadership to the country’s open government agenda. ■ Ensure participation from civil society organisations beyond the usual suspects and consider inviting representatives from the private sector and academia. ■ Create sub-commissions of the CNGA to allow for discussions at a more technical level and translate a commonly agreed vision and shared objectives into concrete actions and initiatives. 2. Take advantage of the new institutional anchorage of the Government Secretariat of Modernization in the Office of the Chief of Cabinet of Ministers to strengthen co-ordination and mainstream open government principles. 3. Create dedicated Open Government Contact Points in all public institutions and branches of power, and at all levels of government, in order to enable a continuous exchange of experiences and good practices. ■ Build capacity for Contact Points to enable them to provide individual and personalised support to their institutions’ public servants. ■ Create a network of Open Government Contact Points to enable them to exchange experiences and share good practices. ■ Invite selected Contact Points to meetings of the National Open Government Steering Committee and its sub-commissions. 4. Raise awareness among public servants of the economic, political and social benefits of open government principles. ■ Advocate for the inclusion of open government principles in public servants' competency and values framework, as well as their Terms of References, including in the provinces. ■ Create (in)official networks of alumni of the Design Academy of Public Policy to foster dialogue and exchange. ■ Move towards a strategic approach to Human Resource Management by including HRM provisions in the National Open Government Strategy. Figure 2: Possible composition of the new National Open Government Steering Committee 13 HIGHLIGHTS
  • 16. The successful implementation of open government initiatives calls for solid monitoring and evaluation (M&E) tools to support and promote operational and strategic decision-making, performance, accountability and learning. Argentina has initiated a move towards the institutionalisation of an M&E culture in 2016, with the introduction of the State Modernisation Plan. The rollout of this plan is characterised by a gradual approach, starting with building planning capacities at the line ministry level, then moving to monitoring policy priorities and, eventually, evaluating results. introduction of the State Modernisation Plan. As part of this process, the government has designed an integral monitoring management system. Key projects related to open government, such as the establishment of the Open Government Roundtable and the elaboration of the fourth OGP Action Plan, are monitored through this system. l Regarding the monitoring of open government initiatives at the sector level, the SGM’s Undersecretariat of Public CONSOLIDATING MONITORING AND EVALUATION MECHANISMS The Government Secretariat of Modernization (SGM) is responsible for working with all line ministries to standardise planning, monitoring and evaluation. l The country initiated a move towards the institutionalisation of an M&E culture in 2016 with the Building a monitoring and evaluation framework for open government in Argentina Argentina’s monitoring mechanisms for open government strategies and initiatives Focus Responsible Type of tool Frequency of monitoring Monitoring and Evaluation Management System (Results Management Dashboard) Open Government main strategic projects (e.g. OGP Action Plan) as part of the 100 government policy priorities Chief of Cabinet of Ministers (JGM) Internal management tool Monthly basis. UOG’s Dashboard OGP Commitments (primary) UOG, Government Secretary of Modernisa- tion Internal management tool Weekly update Citizen’s dashboard SGM’s priority projects Government Secretary of Modernisation Public dashboard Depending on the project Trello system OGP Commitments Government Secretary of Modernisation Public Management tool Dependent on activities’ deadlines. Meetings are complementa- ry to Trello and are open to the public. They are a mechanism to report exclusively on the progress of the 3rd OGP Action Plan and take place at least once every two months. 14 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 5.
  • 17. BUILDING A MONITORING AND EVALUATION FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA HIGHLIGHTS Innovation and Open Government (UOG) follows up on the different ongoing initiatives at sector level. These initiatives focus primarily on the 44 commitments of the third Open Government Partnership’s (OGP) Action Plan (2017-2019). This reporting is done using Trello, an online project management tool. The information provided through Trello is managed internally by the SGM through a dedicated dashboard, which differs from the one used for the Results Management Dashboard. The M&E system is now more solid but there are further opportunities for improvement. The existing monitoring mechanisms developed by the Argentina are able to verify whether an activity was carried out or not; however, they do not involve systematic data collection to assess performance (e.g. by tracking the resources used to implement an activity or its results). Moreover, the monitoring of open government initiatives of line ministries is not yet aligned with any strategic outcome or impact objective for open government. The SGM’s public follow-up mechanism (Trello) only contributes to one of the Results Management Dashboard’s key priority projects – follow- up of the third OGP Action Plan. Such limited connection within the JGM’s high-level monitoring system and the absence of medium and long-term whole-of-government strategic goals on open government might weaken line ministries’ incentives to co-operate in a systematic manner. In this regard, setting high-level strategic objectives (outcomes and impact goals) can align open government initiatives, thereby helping to articulate short, medium and long-term priorities and steer their implementation. THE IMPORTANCE OF DEVELOPING COMPARABLE INDICATORS The Government of Argentina’s objective to mainstream open government across government requires indicators to monitor outcomes and impact. l Both government-wide open government priority goals and line ministries’ efforts are currently monitored mainly through process and output indicators, as in most OECD countries. While process and output indicators can be useful to measure activity progress, they do not allow for the assessment whether a policy initiative is delivering on expected results. These indicators are designed to be used primarily for internal management. l Moreover, the Argentina has not yet adopted measures to control the robustness and quality of the indicators developed to measure the degree of achievement of open government initiatives. TRAINING AND GUIDELINES CAN CONTRIBUTE TO FOSTER A CULTURE OF M&E AND LEARNING Public officials need the right skills and incentives to carry out monitoring and evaluation of open government initiatives. l The National Institute of Public Administration (INAP), under the SGM, conducts training sessions designed by the UOG on open government and results-oriented management. However, training on open government does not focus on how to monitor –and evaluate- the implementation open government initiatives. l The INAP has also training sessions on results-based management (RBM), with the SGM’s National Direction of Results-Based Management. l The Design Academy of Public Policy (Academia de Diseño de Políticas Públicas) provides public servants with training to use innovative tools to design and implement public policies, including the use of a theory of change approach. In the light of the government’s need to enhance the capacity of public officials to design, monitor and evaluate open government initiatives, these training sessions – despite the relevance of these initiatives – seem somewhat disconnected and are addressed primarily to different audiences. Another instrument to support the development of capacities in the public sector is the development of guidelines and toolkits. The GoA has developed guidelines on Open Government and on Policy Evaluation, as well as several materials within the framework of the Design Academy of Public Policy. Nevertheless, similar to the training sessions, the available guidelines on M&E are generally not used for the design, monitoring and evaluation of open government initiatives. 15
  • 18. COFEMOD and its Open Government Commission continue to face challenges relating to human resources and finances that hinder the promotion of multi-level governance and horizontal co-operation in terms of monitoring and evaluation. KEY RECOMMENDATIONS 1. Consider including M&E provisions within a National Open Government Strategy. Depending on its legal nature, this could provide a specific mandate to the JGM to develop an annual M&E plan for the National Open Government Strategy. ■ Link the monitoring of open government strategic outcomes and impact objectives (as recommended in Chapter 2) with different initiatives at sector level, including the OGP commitments. ■ Use the recommended National Open Government Steering Committee as an institutional platform to follow up and discuss the results of M&E activities in a systematic way. THE IMPACT EVALUATION OF OPEN GOVERNMENT INITIATIVES Assessing the outcomes and impact of policies related to open government is a relatively new area of interest among policy makers and researchers and therefore a shared challenge across OECD countries. l Argentina’s relatively weak evaluation culture across government and the absence of a broader institutional framework for policy evaluation have limited the government’s capacities to evaluate open government initiatives. l However, the GoA launched an Annual Monitoring and Evaluation Plan for Social Policies and Programmes in April 2018, which has been prepared – and is being executed – by the JGM’s National Council for Co- ordination of Social Policies. This policy has the potential to become a milestone for the development of a broader policy evaluation system at the national level. This annual plan can be used by the Government of Argentina to conduct pilot evaluations of the openness of social policies, to explore the causal chain by which open government can lead to better policies and services. M&E AND THE MULTI-LEVEL GOVERNANCE OF OPEN GOVERNMENT Argentina is carrying out intensive efforts to disseminate the monitoring and evaluation of open government principles to all levels of government. l COFEMOD recently developed criteria to measure the progress of the Federal Modernisation Commitment. It created a dashboard with a set of baseline indicators that enables the calculation of the degree of fulfilment of commitments. This type of peer benchmarking can serve as an incentive for the development of sound open government strategies and initiatives at the provincial level. l COFEMOD is also taking active measures to build M&E capacities at the provincial level, especially through trainings provided by its Results-Based and Quality Management Commission. Building a monitoring and evaluation framework for open government in Argentina 16 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 5.
  • 19. BUILDING A MONITORING AND EVALUATION FRAMEWORK FOR OPEN GOVERNMENT IN ARGENTINA HIGHLIGHTS ■ Develop specific operating principles to monitor open government initiatives, such as standards for developing open government outcomes and impact objectives, standards and templates for monitoring reports, and rules for the frequency of monitoring. 2. Develop comparable indicators to measure processes, outputs, outcomes and impact in collaboration with stakeholders. ■ Consider adopting a theory of change approach for the development of open government initiatives, to ensure that each open government initiative pursues a specific objective (outcome and impact) and to facilitate the development of indicators associated to each stage of the intervention process (input, process, output, outcome and impact). ■ Create a platform to support the co-creation of robust indicators with the participation of key stakeholders, such as civil society organisations (CSOs), universities and think tanks. This could be done, for instance, within the context of the implementation of the Open Government National Strategy recommended in the previous chapters. 3. Foster a culture of monitoring, evaluation and learning among public officials by increasing their capacity to regularly conduct exercises for these purposes in collaboration with relevant stakeholders. ■ Develop capacity-building activities on the M&E of open government strategies and initiatives, in collaboration with relevant stakeholders. ■ Consider the development of a dedicated set of guidelines to elaborate open government initiatives, and facilitate the inclusion of process, outputs, outcomes and impact indicators. ■ Consider mandating the team of the Undersecretariat for Public Innovation and Open Government in the SGM to train and assist the different institutions in using a theory of change approach in the development of sector initiatives. Piloting projects with specific institutions could be a feasible starting point. ■ Incorporate M&E think tanks and academia into the development of these capacity-building activities. 4. Consider the development of pilot evaluations on the openness of social policies to assess how open government improves policy outcomes and impacts. ■ The government could consider evaluating the transparency or stakeholder participation dimensions of initiatives where interaction and consultation with stakeholders would be key to improving outcomes, such as the Government’s Early Childhood Plan (Plan de Primera Infancia) and/or specific initiatives to help parents with children with disabilities. 5. Strengthen the technical role of COFEMOD ■ Continue ongoing efforts to develop baseline indicators on open government. ■ Promote capacity-building activities and horizontal co-operation on the monitoring and evaluation of open government strategies and initiatives, in partnership with key stakeholders that are already providing technical assistance, such as COFEMOD’s Results and Quality-Oriented Management Commission and national universities and CSOs. 17
  • 20. 14 Institutional communication can be a tool to raise awareness about the benefits of effective stakeholder participation. In Argentina, the national government, line ministries and provinces have implemented various noteworthy consultation practices. However, these initiatives remain scattered. They could now be aligned to move towards an integrated approach to stakeholder participation. l The annual conference Argentina Abierta and existing roundtables such as National Open Government Roundtable provide fora to communicate about open government initiatives. INSTITUTIONALISING STAKEHOLDER PARTICIPATION In an important move towards an open culture of governance, the government has started to institutionalise stakeholder participation in open government. l The National Open Government Roundtable includes four CSOs: l Civil Association for Equality and Justice (Asociación Civil por la Igualdad y la Justicia, ACIJ) l Directorio Legislativo l Latin-American Centre for Human Rights (Centro Latinoamericano de Derechos Humanos, CLADH) l Foundation for the Study and Research on Women (Fundación para el Estudio e Investigación de la Mujer, FEIM) l A number of ministries and provinces have established dedicated offices on stakeholder participation. l As an example for such office, the Secretariat for Political and Institutional Affairs of the Ministry of the Interior, Public Works and Housing created a National Directorate dedicated to Community Relations and Citizen Participation. Opportunities for improvement include integrating organisations from civil society active in specific sectorial policy areas, such as environment or transport and opening the table for representatives from the private sector and academia. One example for this is the participation of citizens in cultural policies of the Bicentennial Houses of History and Culture Programme. Citizens are engaged through focus groups, meetings and virtual spaces to analyse problems and opportunities for the local creative industry as well as through the Festival of Ideas programme that provides open and collaborative spaces to co-create projects. COMMUNICATING PARTICIPATION OPPORTUNITIES OECD research finds that the provision of information and regular two-way communication with citizens and other stakeholders constitutes the basis for effective stakeholder participation. Active use of public communication has increased substantively in Argentina, both in terms of size and scope. l The government has increased its investments in communication initiatives and shows greater presence on social media. l To accompany the State Modernization Plan, the Ministry developed a communication strategy with a strong social media focus. It included several activities targeting different segments of the population through the use of diverse channels, including social media platforms, emails, videos, printed communication material (i.e. posters and flyers), institutional websites and interactive forums. Mainstreaming citizen and stakeholder participation in the policy cycle in Argentina 18 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 6.
  • 21. MAINSTREAMING CITIZEN AND STAKEHOLDER PARTICIPATION IN THE POLICY CYCLE IN ARGENTINA HIGHLIGHTS THE PROLIFERATION OF VIRTUAL ENGAGEMENT PLATFORMS Central to Argentina’s stakeholder participation mechanisms is Open Innovation (Innovación Abierta), which provides for a good practice in open policy-making and is frequently used by the Secretariat of Modernization. l The Secretariat strategically uses Open Innovation to provide not only a virtual platform to be informed, but also a space for in-person meetings. l This approach allows participants to share and co- create knowledge, assess public challenges and seek new approaches to tackle them. l Argentina’s Open Innovation paradigm is characterised by the variety of stakeholders that represent the state, the private sector and civil society: As part of its effort to not only inform citizens and other stakeholders yet also engage them in decision-making processes, the government of Argentina has created a wealth of virtual engagement platforms, among other the platform Public Challenges (Desafíos Públicos). This platform developed within the framework of Open Innovation offers citizens and other stakeholders the opportunity to upload innovative proposals addressing challenges relevant to society. In a noteworthy initiative, Argentina has undertaken efforts to consolidate various websites in a single platform for consultations conducted by different ministries or institutions to avoid confusion among stakeholders. The Platform of Public Consultation (Plataforma de Consulta Pública) offers ministries the possibility to ask citizens for input on their respective policy areas. STAKEHOLDERS INVOLVED IN OPEN INNOVATION IN ARGENTINA Participants Role Representatives of the State Event-organisers • ensure consensus and participation, logistics and outreach, provision of methodologic framework Specialists in the topic • provision of relevant information on the topic, participate in solution finding, assistance in the mapping exercise and meeting with stakeholders to be involved Mentors • facilitate in the development of the projects, mainly experts from the public sector who work on the topic Private sector Entrepreneurs • provide ideas in the development of the Project Developers • technical input mainly during the hackathons Chambers and entreprises • help to diffuse the ideas of the hackathons, provide speakers, experts and jury members Data scientists, designers, communicators, inventor • Support in the implementation Civil society NGOs/Associations •“outside perspective”, especially important during the identification of priority topics, in some occasions can act as mentors and communicators Academia • crucial role in defining topics and participate as speakers, etc. Source: Background Report provided by the Secretariat of Modernization (unpublished) 19
  • 22. 14 l The 3rd OGP Action Plan contains a commitment on “Perceptions and representations of people with disabilities about service-providing institutions”. l The priority areas of the National Plan for Equal Opportunities and Rights (Plan Nacional de Igualdad de Oportunidades y Derechos) 2018-2020 were identified with civil society organisations, trade unions and members of the Federal Women’s Council (Consejo Federal de las Mujeres). l The Ombudsman of Argentina and the National Penitentiary Procurator committed to “the establishment of an innovation laboratory for those organisations responsible for safeguarding rights and in charge of external scrutiny” in the third OGP Action Plan. These efforts could now be assembled into an overarching or guiding document, as summarised in the graph underneath: TOWARDS A GUIDING DOCUMENT ON STAKEHOLDER PARTICIPATION Argentina has launched a number of initiatives that target different groups of society, such as: l As part of the country’s Digital Country Plan (Plan País Digital), the government created Digital Points (Puntos Digitales) which seek to modernise municipalities and enhance the digital inclusion of citizens. To this end, the government has equipped municipalities across the country with meeting places open to everyone, including elderly and young people. l The Guía Joven developed by the National Institute on Youth represents a good practice for more structured provision of information and engagement with youngsters in Argentina. It offers an overview of all services directed towards young people that the different ministries have to offer. Mainstreaming citizen and stakeholder participation in the policy cycle in Argentina A set of whole-of- government citizen participation The inclusion of extensive references and provisions on citizen participation in a newly developed National Open Government Strategy 20 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 6.
  • 23. MAINSTREAMING CITIZEN AND STAKEHOLDER PARTICIPATION IN THE POLICY CYCLE IN ARGENTINA HIGHLIGHTS KEY RECOMMENDATIONS 1. Strengthen the Secretariat of Modernization’s role as the co-ordinating actor of open government communication in collaboration with the Secretary of Public Communication by: ■ Building on successful two-way communication channels to integrate insights from stakeholders and strengthen their buy-in. Social media channels, opportunities for face-to-face meetings such as through Argentina Abierta, and public events like hackathons offer such opportunities and could be used with higher frequency. ■ Considering convening regular meetings with Open Government Contact Points and all government communication officers to strengthen their involvement in communication about open government initiatives, and share good practices as well as lessons learned. 2. Continue providing technical support to line ministries and provinces for the implementation of citizen and stakeholder participation initiatives. 3. Strategically build on initial contacts established through the OGP process to foster citizen and stakeholder participation initiatives in line ministries and provinces, including beyond the OGP process. 4. Move beyond the usual suspects by enlarging the variety of stakeholders that participate in each step of the policy cycle and reach out to under-represented groups. ■ Encourage participation in the policy cycle and service design and delivery, by all interested and/or affected parties including: individuals regardless of their age, gender, sexual orientation or religious and political affiliations; and institutions and organisations whether governmental or non-governmental or drawn from civil society, academia, the media or the private sector. 5. Consider developing an overarching document on stakeholder participation to work towards harmonisation and better alignment of stakeholder participation practices. The guiding document could take a variety of forms that address challenges in the short and medium term. ■ Short-term challenges: whole-of-government citizen participation guidelines. ■ Medium-term challenges: the inclusion of extensive reference and provisions on citizen participation in a newly developed National Open Government Strategy. 21
  • 24. 14 Argentina has taken first steps towards the creation of an open state. In recent years, the collaboration and exchange of practices between branches of power, independent public institutions and levels of government has increased significantly. For example, provinces and all branches now participate in the OGP Action Plan. There are now opportunities to develop a more coherent implementation framework for the open state agenda and to further strengthen co-ordination. participation, in support of democracy and inclusive growth" l The OECD Recommendation also advices countries to move progressively from the concept of open government toward that of Open State (provision 10). l According to OECD research, in an open state approach, an entire society jointly develops a common understanding of and commitment to more openness. While each institution can and should independently implement its agenda to promote open government principles, it only is by joining forces and through collaboration that an open state approach can develop its full potential. THE OECD OPEN STATE APPROACH The OECD developed the concept of open state in 2015 and has been actively supporting countries in their open state agendas ever since. l In the OECD Recommendation of the Council on Open Government an Open State is defined as: “when the executive, legislature, judiciary, independent public institutions, and all levels of government - recognizing their respective roles, prerogatives, and overall independence according to their existing legal and institutional frameworks - collaborate, exploit synergies, and share good practices and lessons learned among themselves and with other stakeholders to promote transparency, integrity, accountability, and stakeholder Moving towards an open state in Argentina 22 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 7.
  • 25. TOWARDS A CONDUCIVE ENVIRONMENT FOR DIGITAL- AND OPEN GOVERNMENT REFORMS IN ARGENTINA HIGHLIGHTS CROSS-BRANCH COLLABORATION ON OPEN GOVERNMENT All branches of power and most independent public institutions in Argentina have started implementing open government agendas. In particular: l All the branches of power and independent public institutions that responded to the OECD Survey (2018) have a definition of open government in place and all have either an office or a person responsible for open government. l While none of the institutions has a comprehensive open government strategy, they all implement a wide variety of initiatives to foster open government principles. l The main objective institutions pursue through the implementation of open government initiatives is improving transparency. l All branches of power and independent public institutions have a general predisposition to collaborate and co-ordinate open government strategies and initiatives across branches. l At present, exchanges between branches of power often rely on informal networks created through their involvement in the third OGP Action Plan. Only a small number of formal co-ordination spaces exist, such as the Coordinating Roundtable for Access to Public Information. The inclusion of all branches of power into the OGP Action Plan constitutes an important first step towards a more coherent and co-ordinated approach. The next step towards an open state could include the creation of formal spaces for co-ordination and dialogue. OPEN GOVERNMENT AT PROVINCIAL LEVEL Open government principles are also well entrenched in many provinces of Argentina and co-ordination between levels of government has improved considerably in recent years. l The Constitutions of most provinces refer to open government principles and the majority have some kind of legislation on access to information in place. l All provinces have gained experience in implementing open government initiatives. Open data initiatives are particularly high on the agenda, followed by initiatives to foster digital government and transparency. l 73% of provinces have either a ministry or an office responsible for open government. l 80% have their own definition of open government. Some of these definitions demonstrate an advanced understanding of open government principles. l Thanks to extensive outreach efforts on the part of the national government, the third OGP Action Plan includes commitments from 11 provinces. l For most provinces, the most important objective is “improving the transparency of the public sector”, followed by “improving the accountability of the public sector” and “enhancing citizen participation in the formulation of public policies”. l The most important challenge provinces face is the lack of trust of citizens in the institutions. l Most provinces organise ad hoc working meetings between different institutions working on open government. In some cases, these meetings involve civil society stakeholders and academia. l The key tool for the vertical co-ordination of open government initiatives is the Federal Council for Modernization and Innovation in Public Management (COFEMOD), which includes all provinces and the Government Secretariat of Modernization. One of the Council’s six technical commissions focuses on open government and innovation. Vertical co-ordination and dialogue between the national government and provinces has improved considerably in recent years. In an effort to continue the move towards an open state, approaches now need to be harmonised further and provinces require additional capacity- building support from the national government. 23
  • 26. 14 KEY RECOMMENDATIONS 1. Organise regular Open State Meetings of the National Open Government Steering Committee (CNGA) involving all branches and independent public institutions, in order to harmonise approaches and ensure more fluid and institutionalised exchanges of good practices and experiences. ■ Invite the people in charge of open government agendas in all branches of power and in independent public institutions to participate in the Network of Open Government Contact Points, in order to facilitate the sharing of practices and experiences. 2. Involve all branches of power and independent public institutions in the elaboration of a National Open Government Strategy, to ensure that it reflects a shared vision, common objectives and a common understanding of what Open Government entails. ■ Consider designing the strategy in a flexible way to allow all branches and independent public institutions to adhere to it through high-level declarations and to develop independent strategies tailored to the needs of their specific institutions, while contributing to a common vision. ■ Consider developing an Open State Strategy (rather than a National Open Government Strategy) by co- creating joint objectives and promoting co-ordinated implementation of initiatives together with all branches of power, independent public institutions and all levels of government. 3. Make strategic use of the Open Government Commission of COFEMOD as the primary space for the vertical co-ordination of open government reforms. ■ Use the Commission to discuss a shared vision, joint objectives and, possibly, common initiatives when designing a National Open Government Strategy, and consider allowing provinces to adhere to the strategy and develop their own Provincial Open Government Strategies that contribute to the overall objectives of the NOGS. OPEN GOVERNMENT AT MUNICIPAL LEVEL The national government has created a variety of initiatives to promote open government at the municipal level. l The Ecosystem of Innovation programme, led by the Government Secretariat of Modernization, seeks to streamline and consolidate municipal public policies in order to build innovation capacities in local governments. l The programme Digital Country (País Digital) was created by the Government Secretariat of Modernization to co-ordinate digital government initiatives with provinces and municipalities. This programme provides subnational administrations with support in areas such as website creation, digital platforms and open data. l The Ministry of the Interior’s Undersecretariat for Municipal Relations has a Municipal Training Department that gives courses on open government to municipal governments. There is a need for the national government to develop a more co-ordinated and coherent approach to open government at municipal level in order to fully involve municipalities in the open state agenda. Moving towards an open state in Argentina 24 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 7.
  • 27. TOWARDS A CONDUCIVE ENVIRONMENT FOR DIGITAL- AND OPEN GOVERNMENT REFORMS IN ARGENTINA HIGHLIGHTS ■ Consider giving permanent seats in the Open State Meetings of the National Committee to the two provinces that chair the Open Government Commission of COFEMOD to ensure that agendas are aligned. 4. Continue supporting provinces in the development of their own open government agendas that contribute to the achievement of jointly defined national open government objectives. ■ Provide additional capacity-building support to provincial governments by using spaces such as Argentina Abierta and the Open Government Commission of COFEMOD. ■ Foster the creation of Provincial Open Government Steering Committees that bring together all relevant actors from the provincial government, local civil society leaders, the private sector and academia, as well as the other branches of power and independent public institutions. 5. Foster a more integrated and holistic national government approach to open government at the municipal level, including by involving municipalities in the design and implementation of the whole-of- government National Open Government Strategy. ■ Ensure that national government efforts to foster open government at municipal level are well co-ordinated with efforts being undertaken by provinces with their respective municipalities. 25
  • 28. 14 Digital government and open government are mutually reinforcing and both work in support of democracy and inclusive growth. Both the teams in charge of digital government and open government are close to decision-making power in Argentina’s Office of the Chief of Cabinet of Ministers. This offers potential for joint reforms, propelled by political leverage. FAVOURABLE INSTITUTIONAL FRAMEWORKS FOR COOPERATION Both the Secretariat for Digital Government and Innovation Technology and the Undersecretariat for Public Innovation and Open Government form part of the Government Secretariat of Modernization. This can enable a transversal use of digital- and open government initiatives across the whole-of- government. Room for improvement remains in terms of better engaging stakeholders in digital – and open government initiatives. MOVING TOWARDS THE IMPLEMENTATION OF THE OECD RECOMMENDATIONS Acknowledging the importance of open and digital government, OECD countries have mandated the OECD Secretariat to develop own-standing legal instruments (“Recommendations”) in both areas. l Argentina has adhered to both the OECD Recommendation of the Council on Open Government and the OECD Recommendation of the Council on Digital Government Strategies. l Adherence underlines the willingness of the country to implement the principles included in the Recommendations and learn from OECD best practices. Towards a conducive environment for digital- and open government reforms in Argentina 26 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 8.
  • 29. TOWARDS A CONDUCIVE ENVIRONMENT FOR DIGITAL- AND OPEN GOVERNMENT REFORMS IN ARGENTINA HIGHLIGHTS l Evidence from both OECD Reviews show that while inclusiveness and citizen-driven approaches appear to be a priority in the context of Information- and Communication Technology (ICT) projects and initiatives, untapped potential remains in terms of engaging citizens in public services. l There is currently a multitude of digital platforms such as Consulta Pública or Desafío Públicos. This may leave stakeholders in doubt about the most appropriate platform to interact with the government. The central government acknowledges the need to unify and provide stakeholders with more clarity on the best way to interact. ■ The digital platforms Argentina.gob.ar and Mi Argentina are examples of the willingness of the central government to adopt a government-as one- entity approach vis-à-vis its citizens. For instance, Mi Argentina stands out as a valuable platform that simplifies citizens’ experiences when accessing once- analogue public services. KEY RECOMMENDATIONS 1. Ensure close interaction between the Undersecretariat for Public Innovation and Open Government and the Secretariat for Digital Government and Innovation Technology of the Government Secretariat of Modernization. This would help to better design and deliver public services, prioritise data publication, and foster data re-use. ■ Consider inviting a representative of the digital government team to the National Open Government Steering Committee to align agendas. 2. Consider further streamlining the variety of digital engagement platforms (Mi Argentina, Platform for Public Consultation, Public Challenges, etc.) and continue the efforts to make the Platform for Public Consultation the principal platform for digital consultation. 27
  • 30. 14 Oecd work on Open government OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS 9. 28 OECD Open Government Reviews are part of the OECD’s broader work on Open Government that includes, among others, the following elements: l The Recommendation on Open Government, which represents the first international legal instrument on Open Government. Adopted by the OECD Council on 14 December 2017, it defines a set of criteria that help adhering countries to design and implement successful open government agendas. The Recommendation is available in: ■ English (http://oe.cd/ogrec), ■ French (http://oe.cd/ogrecfr), ■ Spanish (http://oe.cd/ogrecesp). l As part of the Public Governance Committee (PGC), the Working Party on Open Government (WPOG) contributes to advancing the work inside and outside the organisation by providing a platform for the exchange of knowledge, data, good practices, and lessons learned regarding initiatives that promote the principles of transparency, integrity, accountability and stakeholders’ participation. It moreover serves to identify the latest trends that can help push forward national and international agendas in this area. The WPOG is composed of senior public officials in charge of the open government agenda within the centres of government or a line ministries and it is open to experts from OECD Members and selected non-Members, as well as relevant international organisations and initiatives (such as the Open Government Partnership, United Nations Development Programme, the World Bank Group, the regional development banks). Among its various lines of work, the working party will focus on how governments can promote and protect civic space as a precondition for active participation of citizens and CSOs in the democratic life of their countries. l Regional comparative analysis and Networks on Open and Innovative Government as regular forums for exchange and peer dialogue in the MENA region, Latin America and the Caribbean and Southeast Asia. The Networks serve as platforms to provide countries from the respective regions with the opportunity to exchange ideas, experiences, and knowledge on how to build better and stronger public institutions in the
  • 31. OECD WORK ON OPEN GOVERNMENT HIGHLIGHTS 29 areas of open government and citizen participation, public sector innovation and digital governance and open data. l Dialogue with a wide range of stakeholders: governments, civil society, private sector, media, academia and independent institutions (e.g. ombudsman). l Dissemination and capacity building events to support the implementation of reforms. l The OECD has an official partnership with the Open Government Partnership (OGP) to support countries in becoming eligible, drafting national action plans and evaluating impact.
  • 32. 1430 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS KEY PUBLICATIONS Scan the QR code to read the reports OECD Public Governance Reviews Towards a New Partnership with Citizens JORDaN’s DECENTRalisaTiON REfORm TowardsaNewPartnershipwithCitizensJORDaN’sDECENTRalisaTiONREfORmOECDPublicGovernanceReviews OECD Public Governance Reviews Towards an Open Government in Kazakhstan TowardsanOpenGovernmentinKazakhstanOECDPublicGovernanceReviews OECD Public Governance Reviews Open Government in Costa Rica OpenGovernmentinCostaRicaOECDPublicGovernanceReviews The Role of Ombudsman Institutions in Open Government OECD Working Paper on Public Governance No. 29 19 Gobierno Abierto Contexto mundial y el camino a seguir 2016 ASPECTOS CLAVES OECD Public Governance Reviews Open Government in Biscay OpenGovernmentinBiscayOECDPublicGovernanceReviews Towards a New Partnership with Citizens - Jordan's Decentralisation Reform Towards an Open Government in Kazakhstan Open Government in Costa Rica The role of Ombudsman Institutions Gobierno abierto: Contexto global y el camino a seguir Open Government in Biscay
  • 34. 1432 OECD : OPEN GOVERNMENT REVIEW OF ARGENTINA - HIGHLIGHTS Notes
  • 35.