I’ve recently been exchanging with some friends on a list of favorite reads from 2020. While I started with a short list, it quickly grew: after all, despite the pandemic, there has been lots of interesting stuff published in the areas that I care about throughout the year. While the final list of reads varies in terms of subjects, breadth, depth and methodological rigor, I picked these 46 for different reasons. These include my personal judgement of their contribution to the field of democracy, or simply a belief that some of these texts deserve more attention than they currently receive. Others are in the list because I find them particularly surprising or amusing.
As the list is long – and probably at this length, unhelpful to my friends – I tried to divide it into three categories: i) participatory and deliberative democracy, ii) civic tech and digital democracy, and iii) and miscellaneous (which is not really a category, let alone a very helpful one, I know). In any case, many of the titles are indicative of what the text is about, which should make it easier to navigate through the list.
These caveats aside, below is the list of some of my favorite books and articles published in 2020:
Participatory and Deliberative Democracy
While I still plan to make a similar list for representative democracy, this section of the list is intentionally focused on democratic innovations, with a certain emphasis on citizens’ assemblies and deliberative modes of democracy. While this reflects my personal interests, it is also in part due to the recent surge of interest in citizens’ assemblies and other modes of deliberative democracy, and the academic production that followed.
Since the beginning of the coronavirus outbreak, legislative bodies around the world have struggled to function. Meanwhile, from Europe, all the way to Australia and Pakistan, calls to ensure that national legislatures continue to operate abound. In the UK, over 100 MPs signed an open letter asking for the creation of a digital parliament to “maintain democratic traditions in accordance with social distancing.” In the US, amidst media concerns of a “sidelined” Congress, dozens of House Democrats sent a letter to their leadership calling for a change in the rules to enable remote voting.
The disruption in legislative work caused by the pandemic has visibly impacted crisis response efforts. For instance, in Canada, the House of Commons delayed for weeks the vote on a critical wage bill, aimed at covering a percentage of employees’ wages so that employers can keep them on the payroll. The key point of contention? Liberals wanted to vote via virtual parliament, while Conservatives asked for in-person participation.
The functioning of parliaments becomes all the more important as fears of executive overreach are revealed to be founded). Indeed, previous evidence suggests that a pandemic crisis is fertile ground for authoritarian drifts; and chronic abuses are unlikely to stop as the outbreak expands and a growing number of parliaments are unable to work.
Freedom of information for example – particularly relevant during such crises – is under assault. The Global Right to Information Rating shows that since the beginning of the coronavirus outbreak, countries on multiple continents have altered or lifted their “right to know” legislation. At the same time, a growing number of governments restrict journalistic coverage of the outbreak through threats and detentions.
In a context where traditional forms of collective action and resistance – such as social movements and protests – are constrained by physical distancing, parliaments should be the first line of defense in flattening the authoritarian curve. While innovative models of social activism are certainly emerging, they may not be sufficient to contain authoritarian drifts. To avoid rule of law giving way to rule by decree, parliaments must continue working, even if virtually.
The Brazilian Virtual House of Representatives
On March 11th, the Director General of the World Health Organization (WHO) declared the coronavirus outbreak a pandemic. Six days later, in one of the swiftest parliamentary responses, the Brazilian House of Representatives approved a normative resolution authorizing MPs to vote online and provided guidelines for the launch of a “virtual parliament”.
The Office of the Clerk and the House’s digital services (Department for Information Technology and Innovation, DITEC) immediately got to work on the technical solutions required by this rule change. The mobile application Infoleg, originally developed to follow up on the work of the House of Representatives, was repurposed to enable MPs’ mobile phones, following authentication protocols, to function as remote devices for registering presence and casting votes. But Infoleg is more than an e-voting app: it integrates most of the information required by an MP to properly navigate parliamentary sessions, including the list of representatives that will discuss a bill, or the pending procedural motions involved in the deliberation of a matter. While MPs use an external videoconferencing system for their interventions during sittings, the critical systems for registering presence and votes are entirely developed and managed by the House’s internal digital services.
On March 25th, eight days after enacting the new Rules of Procedure, the House of Representatives conducted the first online voting in its history. By April 9th ten virtual sessions had been held, with 15 pieces of legislation, six urgency motions and one constitutional amendment passed. Average attendance for these ten virtual sessions was 98.6% (503 out of 513 representatives), far above the in-person average (87.1%). The constitutional amendment, it seems, was the first ever to be approved by a legislative body through online voting. It was also one of the fastest legislative responses to the financial challenges generated by the pandemic – especially important given the delicate fiscal situation of the country.
Explaining the rapid transition
There is no single explanation of why some parliaments are struggling to function, while others are being more reactive. Yet in the case of Brazil, three enabling factors are worth highlighting.
Political response
Strong digital capacity does not guarantee a smooth transition to a virtual modus operandi. Take for instance Estonia, which has one of the most technologically savvy governments in the world and where online voting for elections is old news: as noted by Andy Williamson, Senior Researcher for the Inter Parliamentary Union, existing regulation prohibits remote sitting of the Estonian parliament. In other words, along with digital capacity, the shift to a virtual parliament may in many cases require political leadership to eliminate analog obstacles. In the Brazilian case, this included swift action by the Speaker of the House, who expedited a normative resolution that was rapidly approved by MPs across the political spectrum. This process, however, must be understood in its broader political context. The current relationship between the national Executive and Legislative is notoriously conflictual. It is therefore possible that the rapid response was also a preemptive move by the House to avoid executive overreach and to maintain political relevance during the crisis. Parliaments in similar situations may want to take note.
Administrative capacity
The importance of the administrative capacity of the Office of the Clerk (the Office) should not be understated. Amassing some of the most qualified civil servants in Brazil, it is the Office that makes political responses technically viable – examining constraints and opportunities and advising the House leadership on the most effective approaches. It should be noted that the adoption of the virtual parliament resolution was facilitated by existing legislation. Passed in October 2019 as a result of a shared vision between the House leadership and the Office of the Clerk, this legislation includes guidelines for a paperless legislative process.
Digital capacity
Finally, a key enabler of the rapid response by the Brazilian House was the existence of a highly qualified, in-house digital team (DITEC), with the mandate and resources to quickly redesign systems that were already developed , maintained and updated internally (e.g. Infoleg, remote voting for committees). The full implementation of the virtual parliament was by no means a small task, and involved DITEC’s core teams on user experience, cybersecurity, application development, legislative informatics, voting and attendance systems, plenary operation (e.g. video streaming), help desk, and emergency response.
It is worth noting that DITEC’s response builds on a tradition of excellence. The House of Representatives has for over a decade been a trailblazer in digital democracy, illustrated for instance by the 2009 launch of e-Democracia, a collaborative platform to engage citizens and civil society organisations in the lawmaking process.
In short, digital transformation does not happen overnight, and the House’s timely response to pandemic-related challenges was in part due to in-house capacity built and honed over the years. (Full disclosure, I was an adviser to the e-Democracia program in its early days, when working on my research ondigital parliaments).
(MP connects to virtual session)
Potential effects of virtual parliaments
It is too early to assess the effects of the pandemic on democratic institutions. The same is true for the medium- and long-term effects of legislatures’ transitions to digital environments. But for the Brazilian case, we can hypothesize:
Effects on party politics
The virtualization of parliamentary procedures may lead to further strengthening of party leaders. First, given that MPs are no longer traveling to the capital, the number of in-person meetings, both formal and informal, is drastically reduced. This reinforces the coordination role of party leaders, already an important position in Brazil. Second, with sittings taking place virtually, for practical reasons the ‘floor time’ allocated to MPs is reduced, increasing the visibility of party leaders who also control the floor time allowed for their MPs.
The impact of this increased influence and visibility of party leaders is uncertain. On the one hand, in a multi-party system with 24 parties represented in the House, a strengthening of leaders’ coordination roles may facilitate the management of legislative politics and even enhance House efficiency. On the other hand, it may weaken the position of a considerable contingent of representatives who work somewhat independently, across party lines. This could be particularly problematic for newly elected MPs who benefited from the support of political renewal movements, whose allegiances to party lines are weaker. This effect could be offset, however, by the stronger online presence of these new, often younger MPs who are used to engaging remotely with their constituents.
Effects on media coverage and third party oversight
As in most countries, the media coverage of politics in Brazil is centered in the capital city, with most journalists, offices and support staff based in Brasília. A good part of that infrastructure depends on in-person and informal exchanges between journalists and their sources, through hallway conversations, over coffee, or at social events. Civil society organisations follow a similar pattern, focusing their advocacy and oversight activities where most MPs are found. With a transition to virtual operation, economies of scale in terms of geographic location and in-person interactions are lost.
A potential secondary effect is that the House becomes less subject to scrutiny from the press and organized groups. Some CSO leaders have indeed expressed such concerns over the shift. José Antonio Moroni, leader of a coalition of social movements for political reform lamented to a local media outlet: “[…] before the MPs circulated in the corridors, and we managed, to a certain extent, to have a dialogue. Now, with this process, we get nothing.” But organisations are reacting quickly, as described by a member of the Education Workers’ Confederation: “We, for instance, already have a list of all the MPs, with e-mail, WhatsApp details, and now we are incentivizing our member organizations not only to maintain their communication with MPs, but actually to intensify the online pressure.”
More digital politics (and fake news)
As the Brazilian parliament moves to an online environment and physical distancing measures continue to be implemented (with varying degrees of success), we should also expect that more political conversations will take place online. This is not necessarily good news, particularly given that somestudies suggest that Brazil is particularly fertile ground for fake news. Add to this a combination of a growing polarization between the branches of government, and the infodemic generated by the current crisis, and you have all the ingredients for accelerating the fake news arms race in the country. As we argued in a recent report, a possible consequence of this arms race is a further and unhealthy shift of the focus of public debates: towards disputes over the authenticity of statements and evidence, reducing the time and energy left to discuss possible actions and solutions to problems.
Whether these hypotheses are validated or not remains an empirical question. These effects become more probable the longer that parliament is obliged to work remotely – a function of the length of the crisis.
So what?
For national legislatures like Brazil’s, the hypothetical adverse effects of a virtual parliament are dwarfed by the possibility of undermining the structure of checks and balances. In other words, these potential effects should be weighed against the possibility of a closed parliament.
The temporary transition to an online environment should also be regarded as an opportunity to explore options for a more open parliament going forward. For example, virtual citizen panels, consisting of randomly selected citizens representing a microcosm of the population, could be convened online to advise on divisive issues including crisis response measures (after all, if parliament can function in a decentralized manner, why not consider the same for a more participatory model of politics?) Such an effort – which would, again, require a political decision by the House leadership – would put the parliament at the forefront of democratic innovations.
In this respect, from a digital democracy perspective, the Brazilian case is one more example of the prospects and limitations of technology for achieving democratic aspirations. The fact that the House adopted a virtual model is critical at this moment. Yet it does not render the legislative any more transparent, representative or participatory than before. Without reforms, digital practices will always mirror their analog origins, whether good and bad. International organizations, donors and tech enthusiasts should not therefore delude themselves: establishing virtual parliaments will do nothing for national legislatures that suffer from pre-existing conditions or that are already on life support. As some recent events attest, national parliaments themselves can be accomplices in the crossing of democratic lines during the coronavirus response.
From a more technical perspective, democracy scholars and practitioners (myself included), have long been aware of the importance of face-to-face interactions for democratic processes. The limitations of existing solutions for digital replication of these interactions was no secret. What few of us expected, however, was how fast democratic praxis would have to transition to a virtual space in order to maintain basic functioning. This applies not only to legislative procedures but also to democratic innovations such as participatory budgeting and citizens assemblies. Unless one believes this pandemic is a one-off with short-term consequences only, the current context reveals the need to invest time and resources in reducing, at least partially, the dependency of democratic processes on face-to-face interaction. If the question of how to best achieve online participation and deliberation at scale was once a niche area, this is no longer the case.
On a more futuristic note: could virtual parliaments be an additional source of resilience in the case of unilateral action by any given executive? Consider the case of Estonia’s Digital Embassies program. Based on cloud technology and off-site servers based in Luxembourg, the program aims to ensure the functioning of critical government functions regardless of Estonia’s territorial integrity. Historically, parliaments have been shut down through coercion of parliamentarians and the closure of legislatives’ physical spaces. But what happens if a parliament can work virtually, with MPs geographically dispersed within and outside their territory? Again, it is an empirical question that – one hopes – won’t need to be answered anytime soon.
Finally, and back to the Brazilian case: as previously mentioned, several countries have altered or lifted their “right to know” legislation during the crisis. The Brazilian President recently enacted a provisional measure temporarily suspending deadlines for answering certain information requests from the public. The Speaker of the House has already announced his intention to reverse the measure in parliament. While the final result is hard to anticipate, one thing is certain: the next battle for the right to information in Brazil will take place online.
With a newly elected President and the most fragmented Parliament in its history, Brazilian politics are likely headed for gridlock. Lottery could well be the solution.
Tiago Peixoto and Guilherme Lessa
For many Brazilians who recently cast their ballots to elect a new President, the choice was between the unacceptable and the scandalous. Mr. Bolsonaro, the winning candidate, received 39.3% of votes, while abstentions, null and blank votes accounted for 28.5%. A record 7.4% of votes were null, the largest percentage since Brazil’s transition to democracy in the late 1980’s. Considering that voting is compulsory in Brazil, these figures signal a deep and persistent disbelief in democracy as a means to improve the life of the average citizen. When asked about her preferred candidate at the polling station, it would not be unthinkable for a voter to respond “I’d rather randomly pick any Brazilian to run the country.”
The idea may seem absurd, or a symptom of the ideological schizophrenia that now ravages Brazil, where the two contenders for the highest office were diametrically opposed and their supporters’ main argument was “the other is worse.” Research conducted in the United States indicates that the electorate’s mistrust of their representatives is far from being a Brazilian idiosyncrasy: 43% of American voters state they would trust a group of people randomly selected through a lottery more than they trust elected members of the Executive or Legislative.
Many political scientists view this as a symptom of a global crisis of representation, a growing distance between representatives and the represented, both part of a machine mediated by parties that are disconnected from everyday life and often involved in corruption scandals. While political parties are suffering decreasing membership, political campaigns are increasingly dependent on large donations and mass media campaigns – all of which can be done without the engagement of everyday citizens. The disconnect between citizens and their representatives has driven the international success of candidates who claim to be political outsiders (even if they are not) and private sector meritocrats.
Representative democracy has always suffered from an inherent contradiction: electoral processes do not generate representative results. Think of the teacher who asks her students who wants to be the class representative. Only one or two students raise their hand. To be a representative does not require broad knowledge of the reality of the represented but, rather, an extroverted and sociable personality which, ultimately, lends itself to the role to be played. In the case of elections, the availability of time and money for campaigning, as well as support from the party machinery, are also predicting factors in who gets to run and, most importantly, who gets to win.
The bias generated by electoral processes can take several forms, but is particularly visible in terms of gender, race and income. For instance, despite high turnover in the Brazilian Legislative, the numbers remain disheartening. While half of the population is female, their participation in the House of Representatives stands at a meager 15%. Similarly, 75% of House members identify as white, compared to 44% of the Brazilian population. The mismatch is not unique to Brazil. As reported by Nicholas Carnes in his recent book The Cash Ceiling, in the United States, while millionaires represent only three percent of the American population, they are a majority in Congress. While working-class people make up half of US citizens, they only account for two percent of members of Congress.
The denial of politics as a symptom of this disconnect demonstrates the extent to which inclusiveness in politics matters, bringing about some worrisome consequences. Heroicexceptions aside, the election of new representatives generally fails to alter the propensity of the electoral machine to reproduce its own logic. The Brazilian electoral system, like that of other modern democracies, continues to produce legislative bodies that fail to represent the diversity of their electorate. Changing politicians does not necessarily imply changing politics.
Fixing this imbalance between the electorate and the elected is a complex matter with which many scholars of democracy have grappled. An increasingly popular proposal among political scientists is the use of lottery as a complementary means to select Legislative representatives. Proponents of this approach describe several advantages, of which three are worth highlighting. First, a body of representatives selected by lottery would be more representative of the population as a whole, resulting in agendas and policies that are more closely aligned with societal concerns. Second, the influence of money in campaigning – a constant source of scandal and corruption – would be eliminated. Finally, and in line with well-established research in the field of decision-making, a more diverse legislative body would be collectively smarter, generating decisions that could maximize the public good.
But how would this work in practice?
“Let’s hold a lottery!”, says the spokesperson for today’s miracle solution. Lottery, after all, does have its precedents in democracy’s formative history. For over a century in classical Athens, randomly selected citizens were responsible for important advances in legislation and public policy. Similarly, at its height, the Republic of Florence used lottery to allocate some of the most important positions in the Executive, Legislative and Judiciary. Today, several countries use juries composed of randomly selected citizens as a means to ensure impartiality and efficacy within the Judiciary.
Globally, we see hundreds of inspiring experiences in which randomly selected citizens deliberate on issues of public interest: in Ireland and Mongolia to guide constitutional reforms; in Canada to inform changes in electoral legislation; in Australia to develop public budgets; and in the United States to support citizens’ legislative initiatives.
Naturally, such a complex and somewhat unexpected proposal brings about a challenging question: how can it be implemented in a way that results in a more representative Legislative? Changing the rules of the game, as we all know, is not a trivial task. Political reform, even if thoroughly thought through, still depends on the approval of those who benefit the most from the status quo.
The proponents of lottery selection rarely advocate for the direct substitution of members of parliament by randomly selected citizens. Pragmatically, they usually call for the implementation of intermediary strategies, such as the use of citizens’ panels as complementary decision-making processes.
So why not try it?
It is an established fact that Mr. Bolsonaro will be faced with one of the most fragmented congresses in Brazilian history. While his initial popularity may allow the president-elect to pass reforms in the first few months of his mandate, decision paralysis and political gridlock seem inevitable in years to come.What risk, then, would a panel of randomly selected citizens with a voice and a vote in congressional committees dealing with specific policies such as environment and education pose? Like a jury, such a panel would dedicate its time to understanding the facts relating to the subject at hand, listen to different positions, formulate amendments and potentially cast votes on the most divisive issues. It would represent a microcosm of Brazilian public opinion in an environment that is informed, egalitarian and civilized. Although unlikely, such a reform could be the first step towards strengthening the (increasingly weak) link between representatives and the represented.
*Article translated and adapted from original, published in Revista E, ed. 2400, October 2018.
I’ve been wanting to post about this paper for a while. At the intersection of technology and citizen participation this is probably one of the best studies produced in 2013 and I’m surprised I haven’t heard a lot about it outside the scholarly circle.
One of the fundamental questions concerning the use of technology to foster participation is whether it impacts inclusiveness and, if it does, in what way. That is, if technology has an effect on participation, does it reinforce or minimize participation biases? There is no straightforward answer, and the limited existing evidence suggests that the impact of technology on inclusiveness depends on a number of factors such as technology fit, institutional design and communication efforts.
If the answer to the question is “it depends”, then the more studies looking at the subject, the more we refine our understanding of how it works, when and why. The study, “Does Information Technology Flatten Interest Articulation? Evidence from Uganda” (Grossman, Humphreys, & Sacramone-Lutz, 2013), is a great contribution in that sense. The abstract is below (highlights are mine):
We use a field experiment to study how the availability and cost of political communication channels affect the efforts constituents take to influence their representatives. We presented sampled constituents in Uganda with an opportunity to send a text-message to their representatives at one of three randomly assigned prices. This allows us to ascertain whether ICTs can “flatten” interest articulation and how access costs determine who communicates and what gets communicated to politicians. Critically, contrary to concerns that technological innovations benefit the privileged, we find that ICT leads to significant flattening: a greater share of marginalized populations use this channel compared to existing political communication channels. Price matters too, as free messaging increase uptake by about 50%. Surprisingly, subsidy-induced increases in uptake do not yield further flattening since free channels are used at higher rates by both marginalized and well-connected constituents. More subtle strategic hypotheses find little support in the data.
But even if the question of “who participates” is answered in this paper, one is left wondering “as to what effect?”. Fortunately, the authors mention in a footnote that they are collecting data for a companion paper in which they focus on the behavior of MPs, which will hopefully address this issue. Looking forward to reading that one as well.
A paper recently published in World Development brings new and fascinating evidence from Mexico of the impact of participatory governance mechanisms on access to services.
Below are a few excerpts from the paper by Diaz-Cayeros, Malagoni, and Ruiz-Euler “Traditional Governance, Citizen Engagement, and Local Public Goods: Evidence from Mexico” (emphasis are mine):
The goal of this paper is to assess the effects of traditional governance on local public good provision. We ask whether poor indigenous communities are better off by choosing to govern themselves through “traditional” customary law and participatory democracy, versus delegating decisions concerning the provision of public goods to “modern” forms of representative government, structured through political parties. This is a crucial question for developing countries seeking to enhance accountability, and a central problem in the theory of participatory democracy.
Our research design takes advantage of an important institutional innovation in the state of Oaxaca, Mexico, that in 1995 allowed indigenous communities to choose their forms of governance. The reform gave full legal standing to a form of traditional indigenous governance called usos y costumbres (usos hereafter), which entails electing individuals to leadership positions through customary law in non-partisan elections, making decisions through participatory democracy, and monitoring compliance through a parallel (and often informal) system of law enforcement and community justice. If they did not choose usos, municipalities could opt instead for party governance, which entails the selection of municipal authorities through electoral competition among political parties and the adjudication of conflicts only through the formal institutional channels, namely the state and federal judiciary.
(…)
Our results show that electricity provision increased faster in those municipalities governed by usos. They also suggest that traditional governance may improve the provision of education and sewerage. With respect to citizen engagement and elite capture, contrary to existing scholarly work, we find no evidence of entrenchment of local bosses (caciques) associated with the former ruling party, the Institutional Revolutionary party (PRI) in places ruled by usos. Our findings suggest that traditional participatory forms of governance do not handicap democratic development. Furthermore, municipalities governed by usos are more likely to hold open council meetings allowing citizens to participate in decisionmaking processes. We attribute better public goods coverage to differences in local governance and collective decisionmaking practices. We suggest three specific channels through which traditional governance affects local public good provision: the social embeddedness of municipal presidents, broader civic engagement in collective-decision making, and credible social sanctions. We argue that traditional governance practices (which include in our setting decision-making through direct participatory practices, the obligation to provide services for the community, and the establishment of a parallel system of justice), allow poor communities to better hold their political leaders accountable, prevent elite capture, and monitor and sanction non-cooperative behavior.
(…)
Systems of governance based on electoral competition among political parties differ essentially from usos because decisions are taken by politicians without an ongoing process of consultation with the citizenry. The monitoring and sanctioning dynamics that come into play when citizens gather in public assemblies are usually absent in party-run municipalities, and thus the allocation of resources for public goods seems sub-optimal.
(…)
Differences between the two types of governance that we presented in the paper point to a broader discussion of the organization of democracy. The delegated format of decision-making in electoral democracies dominated by political parties seems to bear a higher risk of agency loss than deliberative decision-making of what is often referred to as participatory democracy. (…) there are lessons to be extracted from the fact that, with regard to the provision of some basic services, a non-partisan political arrangement presented some advantages over the widespread electoral and party-based democratic organization. Participation and collective monitoring of authority are hugely important to maximize collective well-being.
