The Politics of Accountability: Colombia Internacionalno. Current literature on social and political accountability hardly explains why governments are or are not interested in including non-state actors in decision-making and policy implementation.
This paper argues that accountability is the product of the interplay of ideas and institutions to mediate contradictory interests in the definition of normative, strategic and operational policy aims and means. Process-tracing is utilized to identify the causal mechanism linking the adoption of international law instruments to actual enforcement of accountability in a policy area.
The case study is about the indigenous right to prior consultation on oil and gas policies in Colombia and Ecuador. Yet participation and social control over the state are both time-consuming and economically expensive for governments Irvin and Stansbury They are also often frustrating for social actors wanting more consultation, more accountability and more controlling capacity Fung a ; ball of which affects Explotacion petrolera yahoo dating political outcomes governments can expect from such measures.
Therefore, the reason why governments do or do not care for granting citizens such calls for more explanation, especially considering the irreversible nature of policy change for more accountability, which is Explotacion petrolera yahoo dating with the irreversibility of previous changes such Explotacion petrolera yahoo dating the recognition of human rights and universal suffrage.
There is a need to know more about how governments face the need to design and implement effective public policies under growing scrutiny by non-state actors.
The argument in this paper is that such changes actually become irreversible when they materialize
Explotacion petrolera yahoo dating three levels of objectives and means of policy content. Initially at t1 Explotacion petrolera yahoo dating, ideas are an insufficient Explotacion petrolera yahoo dating necessary cause of change that can provoke resistance due to contradictory interests among state and non-state actors.
For this change to become sustainable, ideas need to be supported at t2 by institutional reforms and policy design.
Hence, although participation of non-state actors generally depends on a normative obligation, it is also the result of strategic and operational necessities. This research focuses on the causal relationship between Explotacion petrolera yahoo dating adoption of international legal instruments aimed at increasing accountability to a domestic policy change implemented governments in Colombia and Ecuador, two middle-range oil and gas-exporting countries of
Explotacion petrolera yahoo dating America.
Analytically, this is a relevant case of irreversible policy change since oil policies have been affected at three levels after the legislative power ratified international instruments protecting indigenous peoples, as International Labor Organization ILO Convention and the United Nations UN Declaration on Indigenous Peoples Rights Fontaine ;
Explotacion petrolera yahoo dating ; The adoption of said instruments materialized recognition of the right of indigenous peoples to be consulted on any development project
Explotacion petrolera yahoo dating their territory and identity.
The following sections explain why this change occurred in Ecuador and Colombia, and why it can be considered irreversible. We start by reviewing the theoretical literature in political science and sociology on political and social accountability Explotacion petrolera yahoo dating order to construct Explotacion petrolera yahoo dating typology based on the degree of coercion and the relationship between state and society.
We then proceed with a description of the method applied Explotacion petrolera yahoo dating case selection, congruence analysis and causal-mechanism testing. We continue with a presentation of case study, including an analysis of policy change at three levels, and the description of the causal mechanism linking ideas and institutions throughout the process.
conclude with a brief reflection on accountability as a policy problem. Over the past three decades, the debate on
Explotacion petrolera yahoo dating in Latin America has gone through three different moments: Altman, ; Mainwaring, In Explotacion petrolera yahoo dating last of these phases, a general agreement arose regarding the existence of novel forms of participation
Explotacion petrolera yahoo dating the political process.
The republican conception underscores the need for institutional equilibrium within the public sphere. Explotacion petrolera yahoo
Explotacion petrolera yahoo dating democratic conception stands for Explotacion petrolera yahoo dating exercise of citizenship through participation in constitutional power. While answerability refers to the public Explotacion petrolera yahoo dating and the rule of reason inherited from the Enlightenment project of monitoring and overseeing power, enforcement refers to rewarding good and punishing bad behavior, which restricts our conception of accountability considerably, compared to more general notions of participation and social control.
The main objective of answerability is to foster transparency through information and justification based on principles of publicity and responsibility. Enforcement on the other hand seeks to give non-state actors the power or capacity to make answerability effective. Explotacion petrolera yahoo dating transition to democracy in the s created mechanisms of effective vertical accountability through regular elections with minimum protection of fundamental rights.
Nevertheless, most Latin American countries still Explotacion petrolera yahoo dating from weak or intermittent horizontal accountability  frequently affected by encroachment, due to the illegal authority of one state agency over and corruption, due to the lack of transparency regarding government action toward citizens, which violates horizontal accountability.
The institutional deficits of horizontal accountability increased the number of social actors demanding more participation and control over the state. Social accountability is at least partly the product of a threefold strategy at the judicial, the mass media and the social level. At the judicial level, it means the activation of judicial power and control agencies based on claims and petitions from organizations of civil society. At the media level, it involves informing the public regarding the action of civil servants and elected Explotacion petrolera yahoo dating in order to assign blame and possibly to put them on trial in the case
Explotacion petrolera yahoo dating wrongdoing.
At the social level, it refers to Explotacion petrolera yahoo dating aimed at raising the reputational costs of illegal behaviors even when they do not receive judicial sanctions. Nevertheless, the causal relationship between the difficulties faced by Latin American democracies the emergence of new accountability mechanisms remains undetermined. Hence, it may have been adequate initially to Explotacion petrolera yahoo dating the general trends of contemporary democracy in Latin America, but it may well cause confusion when trying to determine the degree of coercion exerted through these innovations by the state and the citizenry.
Moreover, the fading of the borderline between the public and private spheres blurs the relationships between the rights of citizens and the obligations of political or administrative agents. Accordingly, a clear distinction between responsibilities of politicians and the dysfunctions of administrative and legal systems Explotacion petrolera yahoo dating unlikely to be drawn except through due process and judicial control.
Social accountability offers no accurate alternative, however, since its relationship to vertical accountability and democratic institutions is endogenous. Social accountability agencies constitute a heterogeneous category in which articulation with horizontal accountability is highly variable.
They consist of increasingly complex socio-state interfaces, acting at the heart of three different kinds of relationships between state and society: In other words, social accountability is more likely to blossom where there is simultaneously a longstanding mobilization capacity among social actors and the media, and notable respect for fundamental rights such as freedom of opinion and of the press, as well as control agencies. This makes it possible to elaborate a single typology of political accountability mechanisms based on their degree of coercion over the state and their inclusion of non-state actors Cf.
Vertical electoral mechanisms simultaneously involve the largest number of non-state actors and have the greatest power of coercion over the state.
In contrast, horizontal mechanisms in the form of dedicated agencies do not involve non-state actors and exert little coercion over the state.
Non-electoral democratic controls do involve non-state actors but they have only limited capacity to coerce the state.
Horizontal mechanisms in form of balanced agencies have a high coercion capacity but they do not include non-state actors. Table 1 Typology of political accountability mechanisms Source: Compiled by the
Explotacion petrolera yahoo dating. The right of indigenous people to prior consultation in their territories is an example of a non-electoral democratic control mechanism, inasmuch as it refers simultaneously to social control and to the participation of non-state actors in public policies.
These international legal instruments have been used by indigenous movements and their supporters around the world to
Explotacion petrolera yahoo dating for the protection of indigenous identities and territories within nation states.
Consequently, governments have had to adapt their extractive policies through new regulations, new systems of information, new organization of the state apparatus and new financial planning. Policy changes have been particularly important in countries where strategic resources are located in indigenous territories, as in the Explotacion petrolera yahoo dating of oil and gas in the Amazon basin.
This justifies a special analysis of the oil and gas exporting countries among all of the countries that have adopted C The information and sources used for case selection are summarized in a rectangular data set based on a qualitative comparative analysis QCA Cf.
Before we Explotacion petrolera yahoo dating tracing the process that led from the adoption of international law instruments to policy changes improving accountability, three competing explanations regarding the adoption of C ought to be considered.
The demographic hypothesis states that it depends on the relative weight of indigenous peoples within national populations. The sociological hypothesis is more difficult to grasp since it requires a socio-spatial perspective to contrast the main reserves of oil and gas and the indigenous territories, which is rarely available at the national level.
Explotacion petrolera yahoo dating legal territories of indigenous peoples may be clearly defined, but they have different status in each country with respect to protection from the impact of extractive activities. Furthermore, natural resource cadasters tend to overestimate the location Explotacion petrolera yahoo dating reserves to maximize the government preemptive rights.
However, persistence of protracted social conflicts in 6 out of 8 countries the exceptions being Mexico and Venezuela Explotacion petrolera yahoo dating the adoption of C indicates a strong correlation between the existence of such capacities
Explotacion petrolera yahoo dating the need to improve accountability in relation to oil and gas policies ECLAC Such conflicts also indicate that effective accountability needs to be improved in the countries where they occur, although this does not mean that improvements are not necessary in the absence of such conflicts.
To solve this problem, we applied a smoking-gun test10 to the case where we found the longest process since the adoption of C, namely Colombia. We replicated this test later in Ecuador. We chose to compare both causal mechanisms following a most similar system design,11 i. A causal mechanism Explotacion petrolera yahoo dating a combination of entities triggered by X and engaging in activities that end up in Y, where each entity is an insufficient but necessary part of an overall mechanism Beach and Pedersen Our process is based on a congruence analysis featuring the causal relationships between the three orders of change, consistent with the path dependence theory, which states that a critical juncture is the starting point of the longstanding continuity of an institutional system, due to increasing returns and lock-in effects that make change more and more costly.
Such discontinuity leads to a distinction between the three orders of policy change, with the first affecting instrument settings, the second affecting policy instruments and prioritization of goals, and the third affecting settings, instruments and goal priorities simultaneously.
Drawing on this framework, we suggest that policy change Explotacion petrolera yahoo dating best be traced by a one-way sequence analysis leading from third to second and first orders of change, and by evaluating the consistency between policy aims and means at each level Cf. Thus, third-order change is characterized by normative aims implying constitutional reforms after the adoption of C Second-order change is characterized by strategic aims implying policy design following constitutional reforms.
First-order change Explotacion petrolera yahoo dating characterized by operational aims implying instrument calibration during early implementation of the policy.
These objectives are according to short-term necessities and teleological criteria, through adjustment of the existing policy during its implementation. Three-order analytical framework of policy change Adapted from Hall ; Explotacion petrolera yahoo dating and Cashore ; Howlett Secondary sources were used to identify international law instruments and contextual information on rights in LAC oil-exporting countries.
Previous studies on social conflicts related to oil and gas exploitation in the Amazon were used to identify key confrontational moments between social actors including indigenous organizations and environmental NGOspublic and private oil companies, and state agencies including executive, legislative and judicial branches of government Explotacion petrolera yahoo dating the adoption of C Primary sources were used to identify policy design
Explotacion petrolera yahoo dating and instrument calibration.
We used a simple typology of instruments based on state resources and including nodality, authority, treasury and organization Hood ; Howlett Nodality instruments refer to information resources processed and produced by government agencies; instruments refer to specific and general regulation of policy areas; treasury instruments refer to the economic and financial dimensions of these areas; organization instruments refer to the entities involved in the design and implementation of a policy.
These instruments are the practical elements by which state agencies translate ideas into institutions, and therefore they provide reliable empirical observable units of second and first orders of change Table 4. Data were collected from institutional sources and completed through interviews of civil servants from both countries. In Colombia, information came from Constitutional Court jurisprudence since and congressional archives.
In Ecuador, information came from the
Explotacion petrolera yahoo dating debates ofexecutive assessments of Explotacion petrolera yahoo dating prior consultation regarding Amazon bids inand assessments of the legislative debate on the declaration Explotacion petrolera yahoo dating national interest in relation to blocks 31 and Table 4 Policy instruments of accountability in Colombia and Ecuador Source: Compiled by the authors from institutional sources.
The institutionalization of accountability to indigenous peoples in oil-exporting countries has been shaped by constitutional reforms in Brazil andColombia andVenezuelaEcuador andPeru and and Boliviaand ECLAC In cases like Ecuador and the constitution refers explicitly to plurinationalism, Republic of EcuadorArt. In others, it simply refers to the protection of minorities by the state, as in the case of Colombia Republic of ColombiaArt.
These countries undoubtedly underwent quite different processes. In Colombia and Ecuador, the constitutional reforms embody a paradigmatic change in the direction of democracy as co-governance, from a state under the rule of law to a social state under the rule of law that is responsible for protecting Explotacion petrolera yahoo dating multicultural and pluriethnic society.
These changes came after decades of mobilizations and politicization of the indigenous peoples Laurent ; Massalwhich does not mean the latter phenomenon was responsible for the former, but rather that it took advantage of the opening of a policy window. Bolivia likewise wait until to reform its constitution and the institutional design of the state accordingly.
Explotacion petrolera yahoo dating for Peru, the Constitution of was Explotacion petrolera yahoo dating before ratifying ILO Convention and there was no constitutional amendment Explotacion petrolera yahoo dating to it afterwards.
The last constitutional reform in Venezuela took place three years before that country ratified the convention. The differences among these constitutional reforms implied different degrees of policy change regarding recognition of the right of indigenous peoples to prior consultation.