E-STATE, E-DEMOCRACY
AND THE E- GOVERNANCE MODEL: FREEDOM
TO ACCESS INFORMATION AS A PRIORITY
PRINCIPLE
Özgür UÇKAN
Istanbul Bilgi University
Faculty of Communication
The advancement of information and
communication technologies, the effects
of globalization and "network economies"
that the combination of these two dynamics
produced have led to an inevitable paradigm
shift at the societal level as well.
This is the shift that dominates our
times and that is defined in such terms
as the "information revolution"
and "information society".
Information places itself at the foundation
of capital and the circulation of information
at economic activity, and this circulation
which surrounds the world with a network
structure is not confined solely to
the economy but develops together with
the added value presented by the interaction
dimension dominating networks established
by societal relations. This socioeconomic
transformation directly influences modes
of government, hence the modus operandi
of the state.
Information society sociologist Manuel
Castells characterizes the paradigm
shift created by the "global network
effect" in these words: "Globalization
is activated through an instrumental
information network which links governments,
cultures and institutional structures
in different ways". (1) Just like
economy and culture, politics and governance
are also growing "informational".
It is within this informational framework
in which "e-governance" that
relates the concepts of "e-state"
and "e-democracy" appears.
The model proposed by introducing the
prefix "e" before state and
democracy to mean "electronic"
does not amount to a "technical"
invention, a "science-fiction"
product or to the application of knowledge
economy models known as "new economy"
to the public sphere contrary to popular
belief. Conversely, this model has been
developed after being compelled by a
primarily political and a socioeconomic
context. The priorities of this model
are determined by citizens' demands
for participation and supervision rather
than the "economic efficiency"
goal of the state again contrary to
popular belief.
It is true that much of the literature
on e-state consists of the work models
of information technology and communication
sectors, which enjoy the largest share
of "network economies". However,
this is more of a technical and operational
aspect of the issue. E-state model and
e-democracy, which constitutes its foundation,
have been made possible by developmental
demands based on governance, participation,
transparency and social justice.
As much as the concept of governance
that can be construed as an advanced
stage in participatory democracy is
defined in many ways, it means "reciprocal
governance" or "interactive
governance" as a term and from
this angle, it is closely related to
the concepts of "civil society"
and "autonomy/self-management".
"Governance" which is directly
nourished by the "self-management"
approach that is the contribution of
the 1970s to political life and that
is grounded in the political participation
of civil society strikes us as a much
more interactive organization of government
differently from the pluralism conception
of liberal democracy. The concept of
"governance" which aims at
realizing a community-based government
approach that will maintain the widest
possible consensus within the society
through participatory policies advances
the "activation of democracy"
ideal of the self-management approach
further.
Demands and models for scaling down
the state for enhancing its efficiency
that erupted with the crisis of the
nation-state within the process of the
globalization of liberal economy have
played an important role in the development
of the governance approach. From this
angle, the concept of governance has
gone through a development linked to
the globalization of economy process.
Knowledge, particularly of political
economy, is at the core of the "art
of government". In the process
that led up to the emergence of the
nation-state, the state's move to offer
its knowledge of the population on its
territory and of economic-political
relations of that population to the
service of government rather than the
territory covered has played an important
role. Increasingly opening up this knowledge
of political economy to share during
the process of globalization has narrowed
down the sphere of sovereignty of the
nation-state; since sharing information
is sharing power.
Nation-states can come up with no other
way but open up the enormous knowledge
complex they possess to share, because
international relations and the global
economy on the hand and societal dynamics
on the other are increasingly based
on sharing information and sharing information
becomes a criterion for the capability
to govern within this context.
Sharing information, that is sharing
power, constitutes one of the foundations
of participatory democracy. Neither
democratic participation nor transparency
in public administration can be talked
of without granting citizens and civil
society organizations the right to access
public information. It is apparent that
non-participatory and closed governments
lead to paralyzed public administrations
emanating from totalitarian mindset,
corrupt relations and heavy centralization.
Consequently, legal measures protecting
the right to access public information,
in particular "Freedom of Information"
or "Freedom to Access Information
Act" more clearly, form one of
the most important dimensions and priority
principles of the legal infrastructure
necessary to bring about governance
in a healthy way.
E-State and E-Democracy: The E-Governance
Model
At the national level, governance indicates
the combination of participatory and
effective democracy with sustainable
development, while it indicates such
management of international relations
at the global level as creating added
value and efficacy within an interactive
network relationship on the one hand
and as compatible with universal democratic
standards on the other.
As mentioned above, governance means
the applicability of rules based on
the consensus of all the parties involved
in the governmental process through
the active participation of again the
same parties in this process. When viewed
from this angle, it is clear that governance
should not be perceived as "lawlessness"
or "loose management", conversely,
the combination of political and economic
dimensions, which form the content of
the concept, relates the governance
mechanism with values such as "partnership",
"joint ownership", "effectiveness",
"efficiency" and "sustainability".
The importance of the governance approach
for public administration reforms or
restructuring attempts is obvious. "Organization
and method" conceptions that dominate
public administration have been increasingly
replaced by the efficiency management
conception of the business world which
works through "total quality"
and "customer satisfaction"
goals and is based on the participation
of shareowners; the citizen who has
a growing role in management and whose
expectations rise has been viewed as
the "customer", and the activities
of public administration agents have
been accepted as "services"
whose quality standards need to be improved
continually.
Although this can be considered as
the victory of the economy on politics
in one sense, on the other side of the
scale are citizens' participation, rule
of law, effective democracy and an enriched
public sphere and an environment of
regained political legitimacy and confidence
as a result of all these.
The development of information and
communication technologies have on the
one hand increased the ability of economic
activities to move through global networks,
and accelerated a process which presents
fresh opportunities in terms of the
participation of individuals in governmental
processes by enhancing their ability
to access information and communicate
on the other.
The process at issue has positioned
the state as an institution offering
high-quality services to the citizen
as part of the governance conception
and has enabled this positioning to
become more "realizable" through
information and communication technologies
that play an important role in the aforementioned
global development. As such, the development
of information and communication technologies,
and the global communication network
known as the internet in particular,
have paved the way for the emergence
of a model that will improve the governance
process, render public administration
effective and efficient and present
new opportunities for participatory
and active democracy. The name of this
model is "e-state".
E-state is related to a set of concepts
such as "e-governance", "e-citizen",
"e-democracy", "e-voting"
and "e-publishing" (2) in
general. The process that results in
the bringing together of "electronic"
and "state" has in fact started
not with the proliferation of information
and communication technologies but with
the use of media from newspapers initially
to radio and televisions as a policy-formulating
environment. In the same way communication
is a part of politics, it is inevitable
for the ever-expanding media to appear
as a venue of politics (3).
Leaving aside the historical ties between
media and politics, opportunities presented
by the media, and the television in
particular which has reached out to
the large segments of the society, for
the participation of civil society in
government and for democracy have been
debated since the 1970s. "Teledemocracy"
(4) is based on the idea of the public
redesign of television primarily as
a tool of mass communication to maintain
the flow of information and transparency
in governmental processes and over time
to assume the role of the former "agora",
that is the city square.
This system in which citizens' right
to watch processes like sessions, meetings
and the like of concern to themselves
is envisioned, public broadcasting is
aimed to be an instrument serving democracy.
Despite that this idea has lost popularity
with the advent of the internet which
is a much more interactive medium, this
idea is still debated since television
is still the most widespread type of
media and as digital technologies allow
a certain degree of interaction.
The development of information and
communication technologies, and the
proliferation of the internet in particular,
have once again brought the relationship
established between media and democracy
on the agenda, opportunities presented
by the decentralized structure that
is in the nature of the internet and
by its interactive dimension in terms
of governance-based participatory democracy
are being debated.
In these debates, the fact that the
interactive dimension contained in the
internet allows the formation of communities
in the "virtual" world just
like in the real world has had a considerable
role. Through these "virtual communities",
new civil society organizations emerged
centered around common interests and
expectations, facilitating the circulation
of detailed information, which undertake
effective and influential activities
on numerous issues such as rights and
freedoms, development projects, governance
platforms and corruption monitoring.
(5) Through the interactive and decentralized
structure of the internet, the organizational
and activity capabilities of civil society
have enhanced; the influence and scope
of this organization and activity have
extended on the national and international
levels owing to the transnational structure
of the internet.
The final objective of the e-state
as a governance model is "e-democracy".
Within this context, the e-state conception
is perceived as something beyond presenting
"high-quality services" to
citizens viewed as "customers"
through influential, efficient and low-cost
processes to be considered as the best
way to "offer each citizen enhanced
opportunities to participate in the
democratic process" and to "enable
the government to access the views,
knowledge and experience of the people
it represents" as a compulsory
result of its being an effective governance
process.
Despite that the legitimacy crisis,
also labeled as the "democracy
crisis", which emerged with the
decline in confidence in the political
system and the resultant dramatic decline
in participation in elections and political
activities undoubtedly have significant
roles in this approach; the fact that
the internet offers possibilities to
enrich democracy stands independently
of this conjuncture.
"Perhaps the most democratizing
aspect of the internet is that is enhances
people's ability to organize themselves
into groups and to communicate. Within
the context of free electronic assemblies
and unions, citizens will obtain new
possibilities to participate in and
have a say-so on politics, governance
and society. Within the following ten
years, those who play an active role
in the development of the internet and
in the institution of democracy will
also have the chance to plant the seeds
of "democracy online" in the
next century. Just like in the building
of a modern nation, elections held today,
ideals defended, rules accepted and
expectations that originate will determine
the next generations' opportunities
for democracy advocacy" (7)
The full accomplishment of the e-democracy
objective of e-state is primarily dependent
on the spread of information and communication
technologies to the whole of society
in a just an equitable way to meet the
essential representation criteria for
a democratic society.
The inequitable distribution in access
to information and communication technologies
regarded as the "digital divide"
is the foremost obstacle to the realization
of the e-democracy ideal just as much
as it is an obstacle to the full functioning
of e-state mechanisms. Unless effective
solutions to this problem are devised,
it is apparent that both the public
administration structure desired through
e-state and the e-democracy ideal will
create an unjust situation, which will
benefit nobody except for a handful
of "information elite" and
will deepen the democracy crisis.
The e-state model is an efficiency
management system in which citizens
are seen as "customers" and
public administration activities as
"services", "quality/cost
performance" criteria are applied,
and is the best quality service through
the lowest cost and lowest amount of
labor are aimed at. This new public
administration model in which public
services will be offered on the basis
of the "seven day / twenty-four
service" approach of the business
world, will be customized for individuals
and will be fast and effective will
only be possible through information
and communication technologies which
are building blocks of network economies.
"Information and communication
technologies and the government, or
public administration, are intensely
intertwined. The nature of public administration
explains this situation, because the
fundamental process in public administration
is to process information and communication.
Hence, the principal technology of our
era affects the center of government.
The effect of information and communication
technologies on government and public
administration is revolutionary for
this reason (…). Public administration
uses information and communication technologies
for internal organization, functioning,
procedures, policy formulation and application,
monitoring and supervision purposes
and for providing information to citizens
and societal organizations. Public administration
views these technologies also as an
object of legal arrangements and policy
production at the same time." (8)
Use of information and communication
technologies in public administration
facilitates lower costs, better quality
services for citizens and sustainable
resource management on the part of the
government, and means lower "citizenship
costs" (time, labor, money), higher
satisfaction, more active participation
and more confidence for citizens.
The paradigm shift concerned can be
understood more clearly when we extend
and apply the logic (9) of a table devised
by the Strategic Governance Forum which
works as part of the OECD comparing
traditional / electronic methods in
the taxation system in e-state applications
to the e-state model at large:
Traditional State E-State
|
Traditional State
|
E-State
|
|
Passive Citizen
|
Active Citizen-Customer
|
|
Paper-based Communication
|
Electronic Communication
|
|
Vertical/Hierarchical Structure
|
Horizontal/Coordinated Network
Structure
|
|
Information Load by the Government
|
Information Load by the Citizen
|
|
Employee Response
|
Voice-mail, Call Center etc.
|
|
Employee Assistance
|
Self-Help, Expert Assistance
|
|
Employee-based Supervision Mechanism
|
Supervision Through Automatic
Information Update
|
|
Cash Flow/Cheque
|
Electronic Fund Transfer
|
|
Uniform Service
|
Customized Service
|
|
Ad Hoc/Interrupted Service
|
Comprehensive/Uninterrupted/One-stop
Service
|
|
High Operation Costs
|
Low Operation Costs
|
|
Inefficient Growth
|
Efficiency Management
|
|
One-Way Communication
|
Interaction
|
|
Citizen Relationship
|
Participation Relationship
|
|
Closed State
|
Open State
|
When we extend the comparative table
above to the society, there lies the
"closed society" in the "traditional"
column of the equation made up of individuals
in citizenship, even "subject"
relationships "content with what
is offered" whose signs can be
traced back to Ottoman times, there
is the "open society" in the
second column which describes the paradigm
shift made up of participatory individuals
who share information, hence power.
E-state projects (10) which are introduced
by such attractive slogans as "government
at fingertips" or "the state
one click away" try to realize
the goals of online access to information
primarily and later on the online execution
of public operations through state portals
which connect public administration
agents and other organs of the state,
and focus on the development of e-voting
systems which mean electronic elections
in the long-run.
One of the most important hurdles before
the expansion of the e-state model is,
as mentioned above, the "digital
divide" problem which directly
affects the global development of e-commerce
and can create much more serious problems
in the public sphere. (11) The inequity
in fast and cheap internet service provision
accessible by all experienced at national
and international levels which can deepen
threatens the democratic and just development
of e-state projects.
Governments and inter-governmental
organizations dedicate a large amount
of their work on both e-state and e-democracy
and the development of e-commerce to
the prevention of the "digital
divide" problem. (12) While short-term
proposals for solution include the provision
of internet services at public places
like libraries and schools to increase
popular access to the internet and the
establishment of public access points,
in the long-term, the focus is on sufficiently
investing in the infrastructure of information
and communication technologies and making
internet access cheaper to make it available
for anyone. (13)
However, the principal approach toward
the digital divide problem both at the
national and at the international levels
is the developing trend in the direction
of integrating information and communication
technologies into society through participatory
social and economic policies within
the framework of a sustainable development
program upholding public benefit. The
success of this effort depends on the
involvement not only of developing countries
but also of developed countries and
international institutions. Because
the dynamics of social and economic
development too are under the direct
network influence of globalization just
like the development of information
and communication technologies.
The fundamental priorities of the national
"e-strategy" (14) the e-governance
model necessitates for developing countries
can be summarized as follows:
· Policy formulation, legal
regulation and strengthening preparedness
for the network structure;
· Enhancing connection facilities
to increase access and reduced costs;
· Enriching human capabilities
and expert potential through strong
education programs, encouraging applied
learning to improve user culture and
computer literacy;
· Providing incentives for participation
in global e-commerce and in other e-networks
· Placing citizens, civil society
and the private sector as joint owners
of the e-governance model with a community-based
participatory approach
A development based e-governance model
can only be realized through participatory
approaches, on the basis of multi-party
ownership and cooperative partnerships,
horizontal coordination and local and
regional measures.
Within this context, the "economic
basin" concept comes to the forefront.
This concept, which is very important
as far as regional development strategies
are concerned, expresses a regional
structure centered around an economic
organization which can maintain integrity
within itself and stand on its feet
just like natural and cultural basins
offer an integrated system. Economic
basin is a regional formation determined
by economic sufficiency and efficiency
criteria and operates on the basis of
horizontal coordination.
It is known that regional development
strategies require decentralized and
hence more effective horizontal coordination.
Because development can only acquire
a permanent speed if it is activated
by the internal dynamics of the region.
In this framework, the e-governance
model, by facilitating the flow of information
and effective communication required
by horizontal coordination, can turn
economic basin formations into the main
actors of regional development dynamics.
Because, e-governance renders the "becoming
an information society" homework,
which can turn into a boring sermon
after endless repetitions, meaningful
and represents a new and different trend
toward achieving this for all parts
of society. However, the real problem
is the not-so-easy pronunciation of
decentralized government structures
when the "state" is the issue
with the same ease when talking of "becoming
an information society", "the
use of electronic commerce for development
purposes" or "extending the
internet to the entire country".
Both e-state and e-governance models
which is located one step ahead of that
need a real paradigm shift in the conception
of government. The chief dynamic of
this paradigm shift is to share information,
hence power, to enable participation
and to transfer to the decentralized
horizontal coordination structure.
Legal Infrastructure of the E-Governance
Model and Freedom to Access Information
As A Priority Principle
To attain the e-state, developing the
legal and institutional infrastructure
in an appropriate way simultaneously
is an imperative just as much as developing
the technological infrastructure. In
order for the state to establish an
electronic operations network at the
service of citizens, it both needs to
form the legal infrastructure by introducing
necessary changes to cover such direct
operations like electronic signature
and electronic agreement, protection
of private data, national data security,
guarantees on the freedom to access
information; and on general areas like
protection of intellectual property,
consumer rights, law of procedure, penal
code, tax code and tender law; and needs
to activate the institutional infrastructure
that will make e-state possible compatible
with this legal framework.
Information and communication technologies,
beyond their use for restructuring public
administration, have given way to the
need for numerous legal regulations
in main areas such as personal and institutional
communication, electronic commerce and
electronic business. There is a need
to either introduce new legal regulations
in many new spheres from protecting
the consumer in the electronic arena
to regulating electronic payment systems,
from the responsibilities of internet
service providers to regulations regarding
information transmitted on the internet,
from crimes like unauthorized access
to computer systems to spreading viruses;
or to update existing laws for this
new situation.
It is observed that the use of information
and communication technologies in public
administration as well creates the need
for additional regulations. In matters
not directly related to these technologies,
for instance regulating tender laws
on public procurement in a transparent
approach compatible with the e-state
model or introducing amendments in public
administration codes to make increased
participation of citizens possible in
a way that enhances the e-governance
potential are only some of these. We
will try to outline the legal infrastructure
necessary for the e-state model to be
established in a table which is applicable
in general yet customized for the specifics
of Turkey: (15)
|
Legal Infrastructure of the
E-State Model
|
|
Direct
|
Indirect
|
Private
|
|
Regulations on freedom to access
public information (Information
Freedom Law)
|
Constitutional amendments (amendments
that will prepare the ground for
fundamental rights and freedoms
such as freedom of expression,
freedom to access public information,
protection of private data)
|
|
|
Regulations that will assign
a legal identity to electronic
documents and communication (Electronic
Signature Law, formation of approval
institutions, electronic notary-public);
introducing necessary amendments
in the law of evidence and proof
(law of procedure) compatible
with this
|
Regulations in tender laws that
will maintain transparency and
enable the use of the electronic
arena for this
|
Introducing the necessary amendments
in law number 3046 regulating
the organization of ministeries
and law 3056 regulating the structure
of public administration
|
|
Regulations on the protection
of private data (Private Data
Protection Law)
|
Specific regulations within
the scope of privatization (regulations
on the privatization of Telecom
and on national information and
communication infrastructure)
|
Necessary private institutional
arrangements and decision for
the e-state model to flourish
(like BTYK, Kamu-Net Üst Kurulu);
decisions regulating the horizontal
relationship and coordination
between public institutions and
organizations
|
|
Regulations protecting intellectual
property rights
|
Updates in the Election and
Political Parties Law concerning
the use of technology (e-counting,
e-vote etc.)
|
Enacting the Information Personnel
Law
|
|
National Information Security
Law securing confidential state
information and introducing limitations
and standards on what types of
information can be shared and
what cannot
|
Decisions and policies to provide
incentives for the proliferation
of information and communication
technologies and to preempt the
digital divide
|
Specific regulations on information
centers and services
|
|
Provisions in Penal Code and
Law of Penal Procedure regulating
information and communication
crimes respecting individual rights
and freedoms and compatible with
international laws
|
Updates to regulations on local
administrations securing the decentralized
structure and increasing citizen
participation
|
|
|
Updated Consumer Protection
Law that will determine the procedures
and principles of electronic agreements
and cover such issues as service,
product returns in electronic
transactions
|
Regulations on new financial
tools like electronic fund transfer,
e-money etc.
|
|
|
Updates in taxation law tailored
for e-commerce and regulations
permitting the use of new technologies
in tax collection
|
Re-regulation of "Printed
Writings and Pictures Regulation
Law", "National Library
Law", "Public Accounting
Law" and "Moveable Property
Regulation"
|
|
|
Updates in Customs Law permitting
the use of new technologies in
product deliveries and clearances
|
Decisions that will provide
incentives for transformation
to electronic communication from
paper based communication and
encourage conservation in public
administration
|
|
There are certain principles that need
to be maintained in the formation of
the legal infrastructure that will prepare
the ground for e-state. These principles
are, in general, those constitutional
principles a state where respect to
fundamental rights and freedoms and
the rule of law reign. Alongside this,
maximizing citizen participation, developing
a structure which will allow decentralization
and horizontal coordination between
public bodies, providing autonomy for
local administrations, policies that
will prevent the digital divide like
spreading information and communication
technologies and enabling public access;
that is political principles that bestow
a meaning to the e-state model, should
be decisive in the formation of the
legal infrastructure concerned.
Regulations mentioned above need to
be developed in harmony with each other
simultaneously in general. For instance,
it is obvious that the electronic signature
law cannot be applied without regulations
on electronic approval institutions
are complete. (16)
It is said that the most important
legal regulation for realizing the e-state
is the "Electronic Signature Law".
In technical terms, this might be true.
Because, in order for the technical
infrastructure of the e-state to form,
the necessity to confer a legal identity
to the electronic arena where all the
information flows is apparent. However,
e-state is not only a "technical"
state but also one bound by the rule
of law.
According to us, the real priority
in the legal infrastructure of e-state,
in terms of principles, is the "Freedom
of Information Law" which guarantees
citizens' and civil society institutions'
right to access public information.
Access to public information is a right
guaranteed first and foremost by Article
19 of the Universal Declaration of Human
Rights (17) and many transnational documents
and as such it is an issue of international
law. This right is also one of the fundamental
rights and freedoms protected by the
constitution.
Freedom to access information is essential
for the democratic participation of
citizens in government. Because, as
mentioned earlier, "sharing information
is sharing power". Protection of
the right to access public information
is also protecting transparency in public
administration.
However, this protection unfortunately
proves to be insufficient, and governments
try to make public information inaccessible
for a variety of reasons. This attitude
of secretiveness, which is the imposition
by the state of a relationship on the
basis of subjects as opposed to citizens
and an indication of the state's way
of championing itself, is generally
justified through "sensitive"
reasons like "national security"
and it in fact becomes one of the most
fundamental expressions of "mistrust
to citizens".
It should be kept in mind that this
secretiveness attitude enables the sustenance
of relationships based on corruption
fostered by interest groups within or
outside the state. Decisions or tenders
vital for the public are made behind
closed doors in a way that blocks auditing
by citizens. The resultant landscape
in the country is that of a dark landscape
whereby the central authority loses
its influence under its fallacy of powerfulness,
public administration becomes estranged
from the public and paralyzed under
various conflicts of interest, the society
is increasingly plunged into one economic
crisis after another due to corruption
and the public loses its confidence
and hope. Unfortunately, this landscape
is quite familiar to us.
For this reason, an increasing number
of countries try to protect the right
to access public information, which
the constitution remains inadequate
to protect with private laws. In more
than fifty countries (and in the European
Union as well), these laws have either
been enacted or submitted as drafts.
(18). These laws are generically labeled
as "Freedom of Information Law".
Freedom of Information Law will define
the issues of what types of information
need to be assessed within the scope
of "national security", the
declaration of what types of information
might constitute drawbacks in terms
of public "health and tranquility"
and restriction of access clearly and
set the standards consistently with
international norms; access to public
information will be removed from the
sphere of authority of public administrative
units and the right to judge will be
completely transferred to the independent
judiciary and hence the freedom to access
information will have been protected
by the rule of law.
Freedom of Information Law can only
be enacted through the existence of
political will in participatory democracy
and determination. A law enacted with
considerations of not being isolated
in the international community and of
upholding image will most likely be
inapplicable. Indeed in some countries,
despite that the law has been enacted,
either demands by citizens or civil
society institutions to access information
are delayed or entangled with bureaucratic
procedures, or certain public administration
functions are privatized or transferred
to foundations and the like to exclude
them from the scope of the law, or governments
are inclined to sell information at
very high prices to make them inaccessible
and undertake efforts to undermine the
law. (19) Thus, the prospective law
needs to be as much clear and concise
as to hinder such efforts.
When we look at our country through
the lens of the setting mentioned above,
it is seen that there is still much
work to do. No measures have been undertaken
except for some amendments in intellectual
property law and consumer protection
law. Protection of Private Data Law
is still a draft. In a while, there
are reports of a law regulating e-signature
in the press. (20)
Freedom of Information Law is still
at the stage of being pronounced (21).
However, some worrying developments
that are at odds with the rule of law
conception outlined above seem to be
on the horizon. "National Data
Security Draft Law" prepared by
the Chief of General Staff is a draft
that attempt to relate almost all public
information, even all spheres of application
of new technologies, to the concept
of "national security". Even
though the draft has yet to be handed
over to the parliament, it can be perceived
as a sign that the prevailing mindset
is not conducive to the e-state for
the time being.
However, regulations on information
security in fact need to be presented
in a legal framework classifying sensitive
information about national security
by taking into account international
standards and the requirements of the
modern world; and it should not be deemed
as an instrument of hiding information
from citizens and turning the state
into a closed circuit.
Another extension of the mindset that
prevails in the "National Data
Security Draft Law" is attempts
to include the internet within the scope
of Radio Television Higher Committee
draft law that was brought to the agenda
in the spring of 2001 and to impose
certain supervision mechanisms that
apply to the press; despite that the
draft was rightfully vetoed by the president
on the grounds that the decentralized
and interactive nature of the internet
cannot be regulated in this way, the
parliament has re-enacted it verbatim.
Although some regulations about the
legal infrastructure mentioned above
are brought before the attention of
the public, as they are dealt with within
the scope of the "eEurope+"
program, it creates the suspicion that
most of these are done with a view to
joining the EU rather than for the benefit
of Turkey and the Turkish people just
like it is the case with many other
issues related to fundamental rights
and freedoms. Regulations such as these
are made for the benefit of the public,
not for being able to join a supranational
union for this or that reason.
However, the flourishing of a legal
setting between the internet and law
that is democratic, consistent with
the international level, appropriate
for national interests and adhering
to the principles of the rule of law
is an imperative for the type of internet
that is conducive to improvement which
is very important in order for Turkey
to become an information society.
Again due to the transnational structure
and interactive nature of the internet,
it looks inevitable for states to cooperate
with civil society institutions and
sector based and industrial unions in
legal regulations on the internet and
their activities by upholding democratic
participation covering all the interested
platforms for a healthy development
environment to be created. Since the
development of the internet both to
this day and beyond depend on the dynamics
of user interaction and the entrepreneurial
pursuits of the private sector.
E-Governance Model and the E-Turkey
Goal
In accordance with the eEurope+ Action
Plan to which Turkey has committed itself
to participate with the National Program,
the e-state model increasingly evolves
towards further enhancing e-democracy
facilities and e-governance applications.
This framework brings a decentralized
governance paradigm to the forefront.
In our country, the transformation
to one-stop / one-address services offered
by the e-state model in the West is
generally misunderstood and it is confused
with the ever desired "perfect
centralism". The "one stop"
concerned is simply a portal structure
enabling access to free public services
well-coordinated by vertical and horizontal
layers, that is it is a "user intermediary"
enabling access to the functions of
autonomous but concerted units. What
makes this portal possible is not the
sanction power of the Prime Ministry
or some kind of an "Information
Society Ministry". Conversely,
it is the effectiveness of concerted
and flexible decentralized structure
of many public administration services
tailored for the needs of citizens or
the business world as a result of horizontal
coordination in accordance with the
e-governance model conception.
Establishment and functioning of such
a structure without maintaining the
participation of the largest segments,
without devising projects each of which
is activated by the coordination of
owners representing different segments
of society and without participatory
policies produced by a political authority
that is strongly committed to e-governance
is impossible.
The approach to information and technology
policies expressed in the "Information
Society and e-Turkey On the Road to
the European Union" report by the
Association of Turkish Industrialists
and Businessmen is striking: "Success
stories of local firms which attained
prominent positions owing to their products
based on Research and Development should
be examined. Under what conditions have
products whose technology in the electronics
field is exported emerged, how have
automobile products designed and produced
in Turkey to be exported to the whole
world been able to emerge? Most likely,
it will be revealed that all of these
have flourished in settings whereby
policies have been formulated based
on correct forecasts and without interruption
in the application. Hence, Science and
Technology Policies of the country lead
and commission and strike as the highest
level factor in the distinction between
success and failure. These policies
are too important not to be left to
the monopoly of one or two of the joint
owners. They need to be determined in
a setting where all owners are represented
and decisions are taken on the basis
of national consensus and reconciliation.
Application on the other hand needs
to have the quality of a state policy
and needs to be distanced from momentary
political influences. An autonomous
institutionalization to assume this
duty including all the owners needs
to be realized without delay."
(22)
The wide membership institutional structure
the Technology and Quality Management
Commission proposed for the "e-Turkey"
process based on the TUENA report can
be taken as an example and improved
by enriching its participation and horizontal
coordination dimensions: "Forming
a reconciliation platform in which there
are civil society institutions closest
to the society on the one hand, Turkish
Academy of Sciences which is the most
competent scientific community of the
country on the other, and in which the
state will be represented by such organs
as State Planning Institution, Telecommunication
Institution and Turkey Scientific and
Technical Research Institution…".
(23)
E-Turkey can only grow from below with
its own internal dynamics and can only
come into existence within a decentralized
horizontal coordination structure. The
duty of the state is to make horizontal
communication possible and to actively
participate in a coordination movement
that transcends itself and a reconciliation
platform with a wide participation base.
Public administration restructuring
program needs to be devised in accordance
with participation and development based
e-governance strategies in this field
taking into account conditions unique
to Turkey. There are two different levels
of reality before such a program:
· Taking gradual steps to putting
in place an extensive e-state model
altering all public administration;
and structuring this in line with European
Union norms and "eEurope+"
action plan
· By correctly identifying Turkey's
priorities, forming a decentralized,
horizontal coordination based foundation
protecting national interests and public
benefit at the highest level, least
dependent on imported technology (by
developing an open coded and flexible
infrastructure strategy), within the
framework of national policies containing
precautionary measures against the digital
divide, in line with regional development
goals, with small scale, rapidly measurable,
forecast-based and flexible pilot projects
easily connectable with each other in
a dynamic way.
These two different planes of reality,
which are like the two pans of a scale
and which need to balanced off should
be developed simultaneously toward each
other and meet at the most efficient
setting. Both are issues of national
policy and require political will. If
there is a need to start from somewhere,
then starting from below is the best
course. An e-governance project that
melts e-state and e-democracy within
each other would yield no result. As
technology develops, demands and expectations
diversify and as conditions of manageability
alter, this project will be renewed.
What is important for the political
authority is to catch this paradigm
shift and not lag behind reality.
As in the development of e-state models
in the West, directly following the
"legal, institutional and technological
infrastructure", "information-interaction-operation"
and "extensive, complementing all
public administration units, one-stop
virtual state" stages respectively
will not be too realistic for Turkey.
We have to proceed with jumps. Furthermore,
in doing that, we need to minimize dependency
on imported technology, enable public
employees and citizens to demand and
internalize the e-state model in their
consciousness and preempt the digital
divide within the country.
The development-based and participatory
public administration strategy proposed
for Turkey while upholding the healthy
functioning of the integration process
with the European Union and the correct
adoption of the model on the hand and
internalizing the extensive "e-Turkey"
project with a determined political
will on the other; and at the same time
developing, decentralized, expanding
from below to the above and flexible
pilot projects permitting horizontal
coordination both in order to seize
the manageability advantage of small-scale
projects and to be able to place the
e-state model on the agenda of the public
sector as well as of the public.
Priority in these projects should be
assigned to the most needy segments
and regional developmental goals. Success
of these projects will both provide
for rational resource management by
increasing the possibilities for external
funding and create the opportunity for
exerting pressure on the government
by attracting public opinion. At the
same time, such sample projects, which
can be completed relatively shortly,
will contribute to the consolidation
of political determination on the part
of citizens and create a circle of confidence
around the proposed public administration
restructuring program.
Among regional development plans, the
concept of "economic basin"
rises to prominence as an alternative
government method. Inspired by the self-sufficiency
of the ecosystems of natural basins,
(like water basins) it offers a regional
government model whereby the economic
authority of investment and auditing
is emphasized rather than administrative
and political authority in accordance
with the economic sufficiency principle.
(24) In the economic basin model, the
basin region is chosen along the lines
of economic sufficiency criteria, economic,
social, cultural and developmental goals
are identified centered around jointly
determined policies and all local administrative
units within the basin actively participate
in both policy formulation process and
in the application process.
Economic administrative units of the
basin like "Basin Parliament",
"Basin Council", "Basin
Union of Municipalities" will directly
participate in the regulation of economic
activities such as planning the basin,
identifying investment projects, creating
funding sources and the building and
application of investments within the
present administrative structure without
intermediary levels. This system offers
unique opportunities for effective regional
development management in a fashion
that does not contradict with Turkey's
unitary state structure. (25)
Economic basin management model strikes
as a significantly effective platform
as far as e-governance projects are
concerned. Since horizontal communication
possibilities in this model penetrate
the foundation of the success of governance
through the participation dynamics they
create.
In an economic basin chosen in line
with the economic sufficiency principle
as a pilot region, an e-governance project
structured around organic agriculture,
environment, culture, tourism and other
alternative opportunities for making
a living can score quick success within
the framework of the horizontal coordination
system mentioned above and through correct
resource management. Such a project
can create dynamics similar to the positive
contribution of the decentralized federal
government system in India to sample
projects. This model in itself can become
the subject of a regional development
program and presents unique communication
opportunities with the paradigm shift
it represents.
Apart from this, again among local
applications, assigning importance to
such local e-governance projects as
city information centers, private education
and health measures, community based
city forums, virtual city assemblies,
public access points directly manageable
by municipalities and successfully integrating
this approach into the overall local
administration program appears as an
imperative. Such a program, which will
be attributed to the public before elections,
should definitely be supported by pilot
projects. Suitable conditions exist
for this.
Pilot project priorities in detailed
e-state applications related to the
central authority should also be determined
on the basis of the abundance of opportunities
for e-governance, basic areas like health,
education and participation in administration
which concern the public the most should
be chosen. Within this context, the
opportunity to participate will form
the catalyst for the pilot project and
exert that much pressure as necessary
to break the resilience of the bureaucracy.
In this sphere of activity, legal regulations
on the freedom to access public information,
electronic signature, protection of
private data and consumer rights should
be assigned priority (they should be
included in harmonization packages with
the European Union acquis communitaire)
and these subjects should be excluded
from the "national security"
debate to the extent that possible.
For this reason, a "National Data
Security" law compatible with international
and European Union standards correctly
placing what types of information can
be shared and taking the power to define
this placement away from public administration
units should be enacted without delay.
It is apparent that no mention of e-state
can be made without the allocation of
information in appropriate platform.
In both reality platforms mentioned
above, the participation, cooperation
and coordination of civil society institutions
and the private sector are essential.
This will both serve as the guarantee
of the success of projects and pave
the most efficient way for attracting
public opinion. The legitimacy of the
program is in direct proportion with
the wealth of opportunities for participation.
Within this context, there is a need
to pass through the stages of effective
democracy, rule of law, political legitimacy
and an environment of confidence starting
from citizens' participation in order
to reach the restructuring model labeled
as "public governance". It
is apparent to us that that public administration
cannot be transformed from above in
a centralized way in its current shape.
Since what needs to be transformed is
the mindset itself and by its very nature,
never has it been seen that a mindset
inclined to protect itself has transformed
only on the basis of its own internal
dynamics.
Information and communication technologies
that determine the technical functioning
processes of the proposed e-governance
model themselves dictate a similar decentralized
and horizontal coordination structure
with the network organization they develop.
"The chief technology of our era
affects the center of government as
well".
The participation and development based
public governance strategy proposed
in this study requires a political authority
determined to start from below, that
is from citizens' participation. This
political authority has three priority
duties:
· Jointly producing policies
which will constitute the foundation
of e-governance model with actors from
civil society and the business world
· By exerting efforts to form
the technical infrastructure of e-governance,
making information and communication
technologies accessible to all segments
of society, particularly those regions
most vulnerable to the digital divide
· Again in cooperation with civil
society and the business world, developing
a legal e-governance infrastructure
in accordance with the fundamental rights
and freedoms in states bound by the
rule of law
Concurrent to these priority duties,
another duty that is as important is
to take initiatives to make e-governance
experimental through placing it on the
public agenda and small scale, rapidly
measurable and flexible pilot projects.
From this perspective, developing a
series of interconnected pilot projects
by identifying an "economic basin"
in line with regional development goals
seems to be a priority. Departing from
an action plan centered around these
projects, the e-governance strategy
needs to be integrated into all layers
like local administrations program just
as much as into the public administration
restructuring program and a set of proposals
concerning technical, legal and institutional
infrastructures needs to be put forward.
Both at the program development stage
and at the design and planning stages
of pilot projects, seeking to maintain
strong partnerships with civil society
and business actors and the maximum
level of participation are necessary.
Beyond securing the rationality and
applicability of the program, this will
institute its legitimacy.
Pilot projects themselves will provide
the best communication strategy to deliver
this comprehensive program to the public.
That is the success of projects will
communicate the program. Up until now,
this country has seen many programs,
sets of proposals and unrealized projects.
A program, which requires radical transformations
of the type proposed here needs to be
definitely experimental at the application
level. All parties like community organizations,
civil society institutions, local or
national sector based unions which will
participate in the process from the
designing stages of the pilot project
and define the goals of the projects
with their needs will become voluntary
ambassadors of communicating the program
as the project takes place.
Society is always more sensitive to
voices heard from within. Furthermore,
leaving aside the "information
society" ideal, observing that
a model like e-governance, which looks
like a distant dream at the moment,
deems life easier for regions and segments
most stranger to technology will permanently
attract the attention of the public.
If communicated suitably, the comprehensive
transformation aimed by a participation
and development based public administration
strategy can turn into a concrete experience
for all segments of society as pilot
projects begin beyond those who directly
benefit from the projects. Concrete
regional and local achievements of the
program will inevitably create an irreversible
demand from society.
This society deserves more than being
subjects for a long time and it will
only sustain that political authority
into the future which sides with itself
in this process.
---------------------------------------------------------------------------------------
1) Manuel Castells, "Globalization
& Identity in the Network Society,"
Prometheus, Vol. 4, 2000, p. 115
2) "E-publishing", refers
in particular to public administration
serving the function of a publisher,
an information provider and in a narrow
sense, refers to the process of transformation
from paper-based communication to electronic
communication and to regulations on
the way to conservation and efficiency
by getting rid of unnecessary paper.
See. Gerry McGovern, Egovernment: Epublisher:
How the Web is changing the way governments
communicate with their citizens, February
2001, NUA White Paper, NUA Ltd.
3) See. Manuel Castells, "Media
as the space of politics in the information
age," The Information Age: Economy,
Society and Culture / Volume II: The
Power of Identity, Blackwell Publishers,
1997, pp. 313-333; when we think of
the relationship of the term "media"
with "mediation", it can be
suggested that the media has assumed
the basic function of mediating between
the rulers and the ruled and that it
is already a "political arena"
in this sense. As public influence opportunities
like "rating" intensify in
the media, on the hand it influences
government through "public opinion"
and creates an important opportunity
of interaction between the public and
the government by being influenced by
"public opinion" on the other.
With the digitalization of media and
the development of "digital television",
it can also be considered that this
interaction gives way to the possibility
of a more direct way of participation.
Castells evaluates this development,
which he also relates to the "democracy
crisis", within the context of
what he labels "informational politics"
4) See. Ted Becker, "Teledemocracy:
Electronic communications may permit
direct democracy on a larger scale,"
interview: Robert Gilman, Governence,
Numberı: 7, August 1984, p. 41; on developing
the concept to include other electronic
communication settings see. Anna Malina
ve Ann Macintosh, "Teledemocracy:
Energising the [new] public sphere(s),
civil society and citizen activity,"
http://www.teledemocracy.org/documents/wordfiles/newmedia-newpolitics.doc
5) On the subject of "Virtual Communities"
see. Howard B. Rheingold, Virtual Communities,
Addison-Wesley, 1993; Steven G. Jones,
"Understanding Community in the
Information Age," CyberSociety:
Computer-Mediated Communication and
Community, Editor: Steven G. Jones,
Sage Publications, 1995, pp. 10-33;
Tim Jordan, Cyberpower: The culture
and the politics of cyberspace and the
internet, Routledge, 1999
6) See. E-Democracy Team - the Office
of the e-Envoy (Britain), "e-Government
in the Service of Democracy", International
Council for Information Technology in
Government Administration, ICA Information
No:74, June 2001
7) Steven Clift, "E-Democracy E-Book:
Democracy is Online 2.0," 2000
8) Paul Frissen, "The Virtual State:
Postmodernisation, informatisation and
public administration," The Governance
of Cyberspace: Politics, Technology
and Global Restructring, editor: Brian
D. Loader, Routledge, 1997, p. 111
9) Forum on Strategic Management (OECD),
Tax Administration Aspects of Electronic
Commerce: Responding to the Challenges
and Opportunities,, http://www.oecd.org/daf/fa/e_com/ec_9_FSM_REPORT_Eng.pdf
, p. 11
10) See for instance Access America
Initiative, "Electronic Government
- Serving the Public on its Terms,"
http://www.accessamerica.gov./docs/access.html
; UK Cabinet Office, "E-government:
A strategic framework for public services
in the information age," http://www.citu.gov.uk/publications/pdfs/Strategy.pdf
and "e.gov: Electronic Government
Services for the 21st Century,"
http://www.cabinet-office.gov.uk/innovation/2000/delivery/e-gov.pdf
11) See. Sen. Patrick J. Leahy, D-Vt.
And Rep. Robert Goodlatte, R-Va, "The
Internet And The Future Of Democratic
Governance," Internet Policy Institute,
http://www.internetpolicy.org/ ; Dave
Carter, "'Digital democracy' or
'information aristocracy'?: Economic
regeneration and the information economy,"
The Governance of Cyberspace: Politics,
Technology and Global Restructring,
agy, pp.136-152
12) On the subject of digital divide
see. OECD, Understanding the Digital
Divide, agy; on the current national
and internationalsituation and examples
see Digital Divide Network, http://digitaldividenetwork.org
; for a development based strategic
approach on this subject see Markle
Foundation-Accenture-UNDP, Creating
A Development Dynamic: Final Report
of the Digital Opportunity Initiative,
July 2001; for an example of a civil
society approach see The Public Voice,
"The Public Voice and the Digital
Divide: A Report to the DOT Force,"
March 2001
13) It is interesting that the importance
of the welfare state concept, which
is increasingly excluded within the
framework of globalization by the neoliberal
discourse of the "new economy"
just like in financial circles, becomes
uncontroversial when it comes to the
expansion of information communication
technologies.
14) See. Digital Opportunity Task Force
(DOT Force), Digital Opportunity for
All: Meeting the Challenge, Report of
the DOT Force (including a proposal
for a Genoa Plan of Action), G8, Genoa,
11 May 2001, pp. 4-5; for detailed information
on national strategy models on the development
based use of information and communication
technologies see Accenture - Markle
Foundation - UNDP, Creating a Development
Dynamic, agy, pp. 32-41
15) "Legal Infrastucture of the
E-State Model" table is categorized
under the following headings:
Private= Private regulations unique
to the e-state model to be undertaken
privately to operationalize the model
(absolutely necessary regulations)
Direct= Regulations which will directly
affect the structuring of the e-state
model once enacted, which are not solely
related to the e-state, which have a
more extensive function but necessary
for the model to operationalize (absolutely
necessary regulations)
Indirect= Either regulations like constitutional
amendments which will pave the way for
more extensive and direct regulations,
or, regulations which will prepare the
ground for extending the scope of the
e-state mdoel and the legal ground for
the participatory e-governance model
(like modifications that make the e-procurement
system possible in tender law) (regulations
that will contribute to the functioning
of the mode)
16) On a general framework on e-signature
and electronic approval institutions
see Turkey Information Technology Foundation
(TITF), First Five For the new Economy,November
2000, Istanbul, pp. 6-7, http://www.tbv.org.tr;
for a more detailed analysis see ETKK
Law Working Group, "A Legalistic
Approach to Electronic Commerces Efforts
in the World and in Turkey", http://www.bilten.metu.edu.tr/pdf/ek3yeni.pdf
17)" Every individual has the right
to freely express his thoughts. This
right requires the right to not being
abused due to thoughts, to seek for
knowledge and thoughts by using all
available means and ways, to obtain
them and to spread them irrespective
of state boundaries. "
18) " Freedom of Information Act
" - FOIA…On the international status
of freedom of information laws see "
David Banisar, Freedom of Information
and Access to Government Records Around
the World, Privacy International, March
2001, http://www.privacyinternational.org
; on a separate model freedom of information
law model see Article 19 Foundation,
"A Model Right to Information Act",
http://www.article19.org
19) Despite that this law is not on
the agenda in our country yet, some
measures can constitute good examples
of inclinations to restrict access to
information. For instance, on the web
page of the Supreme Court (www.yargitay.gov.tr),
when you want to submit a query, you
are re-directed to the web page of a
foundation established for this purpose
and face not-so-low prices. On attempts
by governments restricting access to
information see Alasdair S. Roberts,
"Less Government, More Secrecy:
Reinvention and the Weakening of Freedom
of Information Law", Public Administration
Review, July-August 2000, Volume 60,
No. 4, pp. 308-320
20) See for instance "Law Being
Prepared for E-Signature" http://www.ntvmsnbc.com/news/132726.asp;
Gülden Tozkoparan, "Cost of E-Signature
$6bn" http://turk.internet.com/haber/yazigoster.php3?yaziid=3628
21) It is stated in the "Urgent
Action Plan" of the Justice and
Development Party which came to power
on its own with November 3rd election
that a law on this will soon be enacted
22) TÜSİAD, Information Society and
eTurkey On the Road to European Union
Membership, June 2001,Publication No.
TÜSİAD-T/2001-06/301, p155, http://www.tusiad.org/raporlar.nsf/frame1?openframeset
23) Technology and Quality Management
Committee, "eTurkey' Report, last
edition on: 02/08/2001, p. 16, http://www.edevlet.net/raporveyayinlar/eTurkiyeRaporu.pdf
24) See "MENCEP - Great Menderes
Basin Environmental Protection Project",
(Project Introduction Report- see especially
Chapter IV: MENCEP Management), http://www.aydin-bld.gov.tr/mencep.htm
; also see. "Agenda 21", http://www.iula-emme.org/yg21/G21-info.htm
25) Economic basin management, as much
as being a measure that can be tested
within the context of pilot projects,
can be transformed into a more extensive
element of policy within the framework
of an effective regional development
strategy by a legal regulation by the
political authority, that is the "Economic
Basin Management" draft law
Editor's
Note
