Constitutional processes in the world

By Ismael Peña-López
ICTlogy (ISSN 1886-5208). Issue #165, June 2017

 

Notes from the conclusions of the conference cycle Constitutional processes in the world, organized by the Catalan Government, and held in Barcelona, Spain, on 15 June 2017.

Chairs: Raül Romeva, ministry of global affairs, institutional relationships and transparency, Government of Catalonia

Jaume López, Univesitat Pompeu Fabra

Jefferson said that the values of the past should align with the projects of the future: every generation should write their own constitution.

Representative democracy, deliberative/participatory democracy and direct democracy as three methodologies that complement each other. Democracy is about choosing the best tools to make decisions, but also to overcome the most dangerous hazards. Best results usually rely on best designs. That’s why the importance of the democratic design. Participation is a good tool to open constitutional processes to the citizenry.

What is to be expected in a constitutional process?

  • A constitutional text of the maximum quality, representing an actual understanding of democracy, acknowledged by most.
  • An exercise of citizen of empowerment and emancipation, that legitimates the new political system, combining the virtues of direct, deliberative and representative democracy. Deliberation has to be of the most quality and widely participated by everyone.

The probability of success depends on the acknowledged need for a change and the coincidence in the methodology to perform that change.

There is a global trend that democracy is becoming more direct and participated. And there hardly is a chance for turning back to strictly representative politics. The results, though, vary: participation does not necessarily lead to quality. Design matters.

Six examples in the world: Iceland, Ireland, Scotland, Ecuador, Bolivia, Chile.

Ireland

Ireland used a mixed commission on constitutional reforms: citizens chosen at random and some politicians.

The process of deliberation delivered great outputs. It smoothed the opposing points of view and contributed to the creation of a consensus on complicated issues. The combination of proposals of constitutional reforms plus a confirming referendum proved to be a good design.

Bolivia

There was a constitutional assembly but, before that, there was a pre-constitutional referendum that was binding for the constitutional assembly plus a post-constitutional referendum. The latter was on purpose so that the issue at stake did not block the rest of the reforms, arguably easier to debate and vote.

The assembly had to decide not only content, but also methodology, and it ended up being blocked. It would have been a good idea that the methodology had already been set for the assembly to use it for deliberation on content.

Of course, the existence of the assembly and the parliament presented a major problem of legitimacy.

The need that both chambers of the parliament had to approve the final text implied negotiations between the party in office and the opposition, and somewhat denaturalized the whole “citizen” process, which became much less participated.

Ecuador

A little bit more than 1% of the total population contributed with proposals to the constitutional reform. And this happened without a precise participatory methodology, which made it difficult to advance in the process. This fact was used by the presidency to have a major role in the whole process, again denaturalizing the constitutional participatory process.

Iceland

There was a national citizen forum, chosen by lot, and there was a reporting commission chosen at the elections. But if only citizens, as individuals, write the constitutions, the resulting text is weak and lacks legitimacy. Now the text is seen as a reference document, but cannot be directly put into practice and has thus been set aside.

Chile

The government appointed a Monitoring Citizen Council. The Self-Scheduled Local Meetings were a decentralitzed way to contribute to the constitutional process, to which 1% of the population participated with their deliberations and debates in up to 8,000 meetings.

The resulting proposals were sent to the presidency as the Citizen Basis for the New Constitution.

The participative process still has no clear definition on the later stages. So, the process has been initiated without knowing how it will end.

Scotland

Most of the deliberation went around democracy itself.

There was no constitutional process, because it was due after the referendum of independence and in case Scotland were to leave the United Kingdom. But there was a document written by the Scottish government defining a constitutional convention with a participatory and inclusive citizen process.

Conclusions

It is good that a constitutional process has different stages and each one has different designs/logic. Each stage underlines a specific aspect of democracy.

The connection between stages is very important. The outputs of a given stage have to feed the following one. There cannot be steps backward in terms of rights or of things learned or even in decisions made.

Initial participation somehow sets the pace and scope of the whole process. It will be different to begin with a small set of “experts” rather that with a massive grassroots participation.

Choosing members of commissions at random is generally a good thing for the sake of plurality.

Commissions can be mixed (citizens and politicians) or not (only citizens, only politicians). In any case, plurality within the commission is a must. Among other things, it contributes to establish links between stages.

There is no need to begin with the draft of a constitution. It can be done thus, but there is no need. Supporting documents (reports, etc.) can be handy.

Not even constitutional elections themselves are needed. There is not even the need to stop all legislative activity during the constitutional process. But the final text of the constitution is usually written at the parliament, in an official commission/assembly (although it can be made up by citizens too or even only citizens).

Discussion

Jordi Rich: can citizens not only participate, but lead the constitutional process? Can citizens have a say in what topics are to be debated in constitutional processes? How to guarantee that the results are binding?

Teresa Forcades: how can constitutional processes be initiated when the momentum for change is unclear? What happens when there is no consensus on the need for a constitutional reform?

This post has been translated into Basque language as Processos constituents al món eztabaida ziklo saioan izan gara. Mila esker, Idoia

Policy brief. Citizen participation and the rise of the open source city in Spain

By Ismael Peña-López
ICTlogy (ISSN 1886-5208). Issue #165, June 2017

 

Cover of the policy brief Citizen participation and the rise of the open source city in Spain

After the first state of the art report on the state of technopolitics and e-participation in Spain — State of the Art: Spain. Voice or chatter? Using a Structuration Framework Towards a Theory of ICT-mediated Citizen Engagement —, I have just had published a policy brief on the case of decidim.barcelona, the initiative of the City Council of Barcelona, Spain, to bring more horizontal e-participation procedures and, definitely, a bold strategy for the devolution of sovereigty to the citizenry of Barcelona: Citizen participation and the rise of the open source city in Spain.

The policy brief — which precedes the thorough case study soon to be released — begins with the general context depicted in the state of the art report, shortly describes the experience of Barcelona and then goes to highlight the main impacts of the project, especially in what relates to policy-making for the future.

This policy brief, as the aforementioned report, are the outcome of a collaboration with IT for Change under a research project titled Voice or Chatter? Using a Structuration Framework Towards a Theory of ICT-mediated Citizen Engagement, and produced with the financial support of Making All Voices Count, a programme working towards a world in which open, effective and participatory governance is the norm and not the exception. This Grand Challenge focuses global attention on creative and cutting-edge solutions to transform the relationship between citizens and their governments. Making All Voices Count is supported by the U.K. Department for International Development (DFID), U.S. Agency for International Development (USAID), Swedish International Development Cooperation Agency, and Omidyar Network (ON), and is implemented by a consortium consisting of Hivos, the Institute of Development Studies (IDS) and Ushahidi. The programme is inspired by and supports the goals of the Open Government Partnership.

Introduction

In September 2015, Madrid, the capital of Spain, initiated a participatory democracy project, Decide Madrid (Madrid decide), to enable participatory strategic planning for the municipality. Less than half a year after, in February 2016, Barcelona – the second largest city in Spain and the capital of Catalonia – issued their own participatory democracy project: decidim.barcelona (Barcelona we decide). Both cities use the same free software platform as a base, and are guided by the same political vision. Since the 15M Spanish Indignados Movement, Spain has witnessed a silent but thorough democratic turn, from a crisis of representation to new experiments in participatory democracy, just like Decide Madrid or decidim.Barcelona. Grounded in the techno-political movements of the 15M, this turn reflects the critical role of ICTs (and their hacker ethics) in reconstructing politics, as discussed below.

Downloads

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Policy brief:
Peña-López, I. (2017). Citizen participation and the rise of the open source city in Spain. Bengaluru: IT for Change.

Related works

Peña-López, I. (2016). “Participación electrónica en los municipios. De la emancipación ciudadana a la red de ciudades abiertas”. In Revista Internacional de Pensamiento Político, 11, 63-88. Sevilla: Universidad Pablo de Olavide.
Peña-López, I. (2017). Citizen participation and the rise of the open source city in Spain. Bengaluru: IT for Change.
Peña-López, I. (2017). “Participation in Spanish Municipalities: The Makings of a Network of Open cities”. In ICTlogy, March 2016, (162). Barcelona: ICTlogy.

Article. What is technopolitics? A conceptual scheme for understanding politics in the digital age

By Ismael Peña-López
ICTlogy (ISSN 1886-5208). Issue #164, May 2017

 

Cover of the article What is technopolitics? A conceptual scheme for understanding politics in the digital age

A year ago, Can Kurban, Maria Haberer and I presented a communication at the conference IDP2016 – Internet, Law and Politics. Building a European digital space, and it was published in its proceedings as What is technopolitics? A conceptual scheme for understanding politics in the digital age.

Now, an improved version of that paper has been published at the IDP. Journal of Internet, Law and Politics, in its issue #24.

Abstract

In this article we seek to revisit what the term ‘technopolitical’ means for democratic politics in our age. We begin by tracing how the term was used and then transformed through various and conflicting adaptations of ICTs (Information and Communication Technologies) in governmental and civil organizations and grassroots movements. Two main streams can be distinguished in academic literature: studies about internet-enhanced politics (labelled as e- government) and politics 2.0 that imply the facilitation of existing practices such as e-voting, e-campaigning and e-petitioning. The second stream of the internet-enabled perspective builds on the idea that ICTs are essential for the organization of transformative, contentious politics, citizen participation and deliberative processes. Under a range of labels, studies have often used ideas of the technopolitical in an undefined or underspecified manner for describing the influence of digital technologies on their scope of investigation. After critically reviewing and categorizing the main concepts used in the literature to describe ICT-based political performances, we construct a conceptual model of technopolitics oriented at two contra-rotating developments: Centralization vs. Decentralization. Within a schema consisting of the five dimensions of context, scale and direction, purpose, synchronization and actors we will clarify these developments and structure informal and formal ways of political practices. We explain the dimensions using real-world examples to illustrate the unique characteristics of each technopolitical action field and the power dynamics that influence them.

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Full article:
Kurban, C., Peña-López, I. & Haberer, M. (2017). “What is technopolitics? A conceptual scheme for understanding politics in the digital age”. In IDP. Revista de Internet, Derecho y Ciencia Política, 24. Barcelona: Universitat Oberta de Catalunya.

If you need to cite this article in a formal way (i.e. for bibliographical purposes) I dare suggest:

Peña-López, I. (2017) “Article. What is technopolitics? A conceptual scheme for understanding politics in the digital age” In ICTlogy, #164, May 2017. Barcelona: ICTlogy.
Retrieved month dd, yyyy from http://ictlogy.net/review/?p=4527

Article. ICT-based participation in municipalities: from citizen empowerment to the open cities network

By Ismael Peña-López
ICTlogy (ISSN 1886-5208). Issue #164, May 2017

 

Cover of article: Participación electrónica en los municipios. De la emancipación ciudadana a la red de ciudades abiertas

For the last year I have been taking part of the research project Voice or Chatter?, part of Making All Voices Count, a programme working towards a world in which open, effective and participatory governance is the norm and not the exception, and focusing global attention on creative and cutting-edge solutions to transform the relationship between citizens and their governments.

I had already released three outputs resulting of the work on this project:

A new article has been published from the same project. It is a shorter version of the political and regulatory context, now in Spanish. It has appeared in Revista Internacional de Pensamiento Político (issue #11), within a monograph on the digital revolution, technopolitics and digital democracy edited by Ramón Soriano and Francisco Jurado — to whom I owe much gratitude, not only for the invitation to submit a paper, but for their idea to curate such an interesting monograph.

Below appear the abstract of the article in English and Spanish and the download of the full text in Spanish.

Abstract in English

The Spanish local elections in 2015 brought to many Spanish cities what has been labeled as “city councils of change”: city councils whose mayors and governing representatives come from parties emerging from the 15M Spanish Indignados Movement. This research focuses on the socio-political environment where this phenomenon takes place, specifically in Madrid and Barcelona, the two major cities of the state and featuring “city councils of change”. Our research revisits e-participation since the beginnings of the XXIst century onwards and most especially in the aftermath of the 15M Movement, proposing that recent ICT-based participation initiatives in such in municipalities could be far from just polling the citizens and be, instead, the spearhead of a technopolitics-aimed network of cities.

Abstract in English

Las elecciones municipales de España en 2015 trajeron a muchas ciudades españolas lo que se ha calificado como “ayuntamientos de cambio”: ayuntamientos cuyos alcaldes y representantes en el gobierno provienen de partidos emergentes del Movimiento del 15M. Esta investigación se centra en el entorno sociopolítico en el que se desarrolla este fenómeno, concretamente en Madrid y Barcelona, las dos mayores ciudades del estado y con “ayuntamientos de cambio”. Nuestra investigación revisita la e-Participación desde los inicios del siglo XXI y, sobre todo, tras las secuelas del 15M, proponiendo que las recientes iniciativas de participación basadas en las TIC en los municipios podrían estar lejos de ser meras encuestas para los ciudadanos para ser, en cambio, la punta de lanza de una red de ciudades tejida con prácticas tecnopolíticas.

Downloads

logo of PDF file
Article:
Peña-López, I. (2017). “Participación electrónica en los municipios. De la emancipación ciudadana a la red de ciudades abiertas”. In Revista Internacional de Pensamiento Político, 11, 63-88. Sevilla: Universidad Pablo de Olavide.

If you need to cite this article in a formal way (i.e. for bibliographical purposes) I dare suggest:

Peña-López, I. (2017) “Article. ICT-based participation in municipalities: from citizen empowerment to the open cities network” In ICTlogy, #164, May 2017. Barcelona: ICTlogy.
Retrieved month dd, yyyy from http://ictlogy.net/review/?p=4525

Book chapter. Environmental education in a world of networks

By Ismael Peña-López
ICTlogy (ISSN 1886-5208). Issue #163, April 2017

 

Cover of the book Educació Ambiental

In 2009-2010, some colleagues and I did a small research for the Diputació de Barcelona (Barcelona County Council) on new ways of political participation enabled by ICTs. The following year, my colleague Albert Padró-Solanet and I adapted some of that research and turned into a set of training sessions for city council officers in the field of communication, participation and environment, the latter being a field in which collaboration between institutions and organizations at the city level is crucial.

The Technical office of education and environmental promotion of the Barcelona County Council has just issued a book, Environmental education. Where have we come from? Where are we going?, in which we were invited to write a book chapter on how environmental education and awareness raising on environmental issues has changed due to the adoption of ICTs.

Our chapter —Environmental education in a world of networks— begins with an introduction to the digital revolution and the kinds of tools and applications that are more deeply changing information and communication between citizens and between citizens and public administrations. Of course, the list of specific applications will quickly be outdated, but the reflections around them and their categorization we believe will still be useful in the following years. After the digital revolution and some tools, we talk about the communication plan, how to identify our targets, how to campaign or how to think of communication as a way of building up a project-centered personal learning environment (PLE — in this case, the P would stand for project instead of personal). The chapter ends with some practical cases and some conclusions or things to keep in mind.

The book — and the book chapters — is published in Catalan, Spanish and English, and our chapter can be downloaded below.

Downloads

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Book chapter:
Peña-López, I. & Padró-Solanet, A. (2017). “Environmental education in a world of networks”. In Diputació de Barcelona, Environmental education. Where have we come from? Where are we going?, Chapter 11, 544-559. Col·lecció Estudis. Sèrie Medi Ambient, 4. Barcelona: Diputació de Barcelona.
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Capítulo del libro:
Peña-López, I. & Padró-Solanet, A. (2017). “Educación ambiental en un mundo de redes”. En Diputació de Barcelona, Educación ambiental. ¿De dónde venimos? ¿Hacia dónde vamos?, Capítol 11, 397-414. Col·lecció Estudis. Sèrie Medi Ambient, 4. Barcelona: Diputació de Barcelona.
logo of PDF file
Capítol del llibre:
Peña-López, I. & Padró-Solanet, A. (2017). “Educación ambiental en un mundo de redes”. A Diputació de Barcelona, Educació ambiental. D’on venim? Cap a on anem?, Capítol 11, 231-257. Col·lecció Estudis. Sèrie Medi Ambient, 4. Barcelona: Diputació de Barcelona.

If you need to cite this article in a formal way (i.e. for bibliographical purposes) I dare suggest:

Peña-López, I. (2017) “Book chapter. Environmental education in a world of networks” In ICTlogy, #163, April 2017. Barcelona: ICTlogy.
Retrieved month dd, yyyy from http://ictlogy.net/review/?p=4513

Participation in Spanish Municipalities: The Makings of a Network of Open cities

By Ismael Peña-López
ICTlogy (ISSN 1886-5208). Issue #162, March 2017

 

A visualization of the network of decidim.barcelona
A visualization of the network of decidim.barcelona, courtesy of decidim.barcelona

In September 2015, Madrid — the capital of Spain — initiated a participatory democracy project, Decide Madrid (Madrid decides), to enable participatory strategic planning for the municipality. Less than half a year after, in February 2016, Barcelona — the second largest city in Spain and capital of Catalonia — issued their own participatory democracy project: decidim.barcelona (Barcelona we decide). Both cities use the same free software platform as a base, and are guided by the same political vision.

The success of the initiatives and the strong political vision behind them have caused an outburst of other initiatives around the whole state – and most especially in Catalonia – that are working to emulate the two big cities. They are sharing their free-software-based technology, their procedures and protocols, their reflections both on open events as in formal official meetings. What began as seemingly a one-time project, has spread both in length and width. In length, because it will not only stay but grow over time. In width, because there are serious plans to expand its adoption both at the regional level, led by the Barcelona County Council, and at the Spanish State level, being replicated by other municipalities.

Of course, the big question is whether this has had any positive impact in the quality of democracy, the very intention behind the participatory initiative in Barcelona.

Available open documentation suggests that decidim.barcelona has increased the information access of the citizens, has gathered more citizens around key issues. There has been an increase of participation, with citizen created proposals that have been widely supported and legitimated and finally accepted to be part of the municipality strategic plan. As pluralism has been enhanced without damaging the existing social capital, we can only think that the increase of participation has led to an improvement of democratic processes, especially in bolstering legitimacy around decision making.

This can be summarized in four key points:

  • Deliberation becomes the new democracy standard.
  • Openness as the pre-requisite for deliberation.
  • Accountability and legislative footprint as an important by-product to achieve legitimacy.
  • Participation leads to more pluralism and stronger social capital, which fosters deliberation, thus closing the (virtuous) circle of deliberative democracy.

Although the scheme may be simple, we believe that it already features most of the components of a new democratic participation in the digital age. What remains to be measured and analyzed is the strength and stability of the new relationships of power and how exactly these will challenge the preceding systemic structures and lead to newer ones.

Although some aspects have been identified in what relates to new relationships between citizens and organizations and institutions, and in what relates to the creation of new tacit communities, para-organizations relational spaces, the real trend and hypothetical final scenario will only become clear after several iterations of the same project evolve in a continuum of participation, radically different from existing, discrete participatory structures.

What has already been measured is the impact both at the quantitative level and on the culture of the organization of the City Council.

The culture of participation was scarce and mainly dealt with managing the support of the citizen in top-down type initiatives. Changing the mindset implied turning upside-down, many of the departments and processes of the City Council: new coordination structures, new balances between the central administration and the districts’, need to speed up the slow tempos of the Administration, manage public-private partnerships (that had to be coordinated too), enable private-private coordination and, in general, increase the workload.

Although the platform and the project in general changed the way of working, and changed it for good by contributing to visualize the work of the public servants, one of the main conclusions reinforces the old saying — democracy is not cheap.

Originally published on March 3, 2017, as Participation in Spanish Municipalities: The Makings of a Network of Open cities at the blog of the research project Voice or Chatter? led by IT for Change.

More information on this project:

If you need to cite this article in a formal way (i.e. for bibliographical purposes) I dare suggest:

Peña-López, I. (2017) “Participation in Spanish Municipalities: The Makings of a Network of Open cities” In ICTlogy, #162, March 2017. Barcelona: ICTlogy.
Retrieved month dd, yyyy from http://ictlogy.net/review/?p=4511

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About Me

    I am Ismael Peña-López.

    I am professor at the School of Law and Political Science of the Open University of Catalonia, and researcher at the Internet Interdisciplinary Institute and the eLearn Center of that university. I am also the director of the Open Innovation project at Fundació Jaume Bofill.