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POLICY BRIEF NO74

Resilient institutions in times of crisis: transparency,


accountability and participation at the national
level key to effective response to COVID-19
National institutions are strongly impacted by the coro-
navirus (COVID-19). The pandemic has disrupted to vary- Summary
ing extents the regular functioning of state institutions, The coronavirus (COVID-19) pandemic presents a risk
such as parliaments and justice systems, and affected key to key dimensions of national institutions highlighted in
government functions and processes, undermining the ef- Sustainable Development Goal 16 (in terms of limiting
fectiveness of government action. The need to respond transparency and access to information, eroding
quickly and with drastic measures has also created addi- safeguards to accountability including integrity violations,
tional risks for institutional processes and organisations. fraud and corruption, and restricting participation and
Beyond individual institutions, the pandemic has increas- engagement). However, these institutional dimensions
ingly affected whole institutional systems and the way are also critical to providing a resilient response to the
public institutions interact with people. crisis. In many countries, governments, accountability
This brief discusses the challenges of the COVID-19 institutions and civil society are innovating to mitigate
emergency along key dimensions of national institu- institutional disruptions while ensuring an effective
tions highlighted in Sustainable Development Goal 16 response to the pandemic. In the aftermath of the crisis,
(transparency, access to information, accountability and drawing lessons in terms of the resilience of national
anti-corruption, participation and engagement). It also institutions will be a key undertaking in order to ensure
explores how government institutions and civil society effective and accountable government.
have innovatively responded to ensure that transparent,
accountable, responsive and equitable mechanisms
continue to govern the functioning of government The imperative to limit contagion affects the capaci-
processes and organizations, thus increasing the resil- ty of the state to deliver its functions. Restrictions and so-
cial distancing measures can challenge the working meth-
ience of institutions to shocks such as the coronavirus
ods and processes of institutions such as parliaments or
pandemic.
courts, where face-to-face meetings are required, creating
obstacles for the regular conduct of business and there-
THE CORONAVIRUS EPIDEMIC HAS fore, potentially undermining legislative oversight and
IMPACTED KEY DIMENSIONS OF law-making, limiting judicial enforcement or affecting
NATIONAL INSTITUTIONAL SYSTEMS citizens’ access to justice, among other consequences.
The coronavirus pandemic has affected national insti­ Specific institutions of government (such as the police or
tutions through different channels. In response to the epi- the education system) may be directed to adapt their pro-
demic, temporary changes in rules and processes have been cedures in response to the crisis. Restrictions taken in re-
implemented by governments in order to protect people sponse to COVID-19 can also negatively affect the possi-
at risk and ensure the delivery of critical functions while bilities for public institutions to engage with civil society.
the crisis lasts. Such changes impact the relationships be- Emergency responses as well as measures to limit the
tween people and the government in multiple ways. economic impact of the COVID-19 crisis, such as stimulus
The pandemic has created major disruptions to the packages, can also increase risks to accountability and
functioning of governments as a whole and of specific integrity, including through greater opportunities for
public functions, including policy making, the provision fraud and corruption.
of basic services, law enforcement and the functioning of Finally, in the context of the epidemic, some govern-
­the justice system. ments have effected broader, structural changes in the

Authors: Aránzazu Guillán Montero and David Le Blanc of the Division for Public Institutions and Digital Government in UN DESA.
For further information, contact undesa@un.org, or visit www.un.org/development/desa/publications/

May 2 020 United Nations Depar tment of Economic and Social Affairs 1
political and institutional systems (such as the adoption actors are working to make information on the coronavirus
of emergency laws that allow to rule by decree, and the accessible. In Argentina, the Civic Association for Equality
suspension of individual liberties), which may have long- and Justice in collaboration with University Torcuato di
er-term negative consequences for public institutions and Tella and University of Buenos Aires have launched an
human rights, particularly of marginalized groups. initiative to make legal information on COVID-19 acces-
Among other effects, such changes have modified sible to vulnerable populations.
balances that existed prior to the coronavirus pandemic Transparency is also important at the international
in terms of accountability, transparency and participation. level to better coordinate global responses, share expe-
riences and lessons learned, and support countries to
USING THE INSTITUTIONAL tailor responses to their own circumstances. Since the
PRINCIPLES OF SDG 16 AS AN epidemic began, international organizations and networks
ENTRY POINT TO STRENGTHEN have been active in this regard. For example, the WHO/
INSTITUTIONS IN TIMES OF COVID-19 EU Health System Response Monitor documents various
facets of responses to the crisis for a sample of countries
Transparency with very little time lag, and facilitating comparison
Transparency is critical for accountability and for public across countries. The UN COVID-19 Data Hub makes
trust in government. For citizens to trust institutional relevant data on responses readily available as geospatial
responses to the COVID-19 crisis, they must know what data web services, suitable for maps, data visualizations
governments are doing and have access to reliable infor- and analyses, and in multiple formats.
mation, including: the facts about the virus; the data on
Access to information
the spread of the epidemic and its impacts; and the public
policies in response to the crisis as well as the assump- In several countries, response measures have impacted
tions and scenarios on which they are based. In the Re- the national framework that regulates the right of access
public of Korea, for example, the government provided to information and its enforcement. Civil society has been
two daily briefings to explain the evolution of the epidem- monitoring these changes and exceptions to transparency
ic and the government’s responses. and access to information legislation.
In many countries, websites are providing real-time, Although such exceptions have generally limited the
localized information on the evolution of the epidemic. right of access to information, in some countries, govern-
Depending on the country, these websites can be managed ment institutions have fought those limitations. In Ar-
by the government, academia, or civil society; many result gentina, after the government passed emergency decrees
from collaboration among different actors, including the which suspended administrative deadlines, the Informa-
private sector. In France, in addition to a comprehensive tion Commissioner issued a resolution lifting or cancel-
daily bulletin issued by the government, which contains ling that suspension in relation to access to information
key figures on the number of people who tested positive, and privacy. In Canada, the Information Commissioner
were hospitalized and died of COVID-19, a government issued a message on the importance of respecting the
data innovation hub – Etalab – has developed an open right to information in the current circumstances, call-
source platform with data visualizations down to the local ing upon heads of federal institutions to set an example.
level. In other countries like Bulgaria, Indonesia, Mongolia In the European Union, the Commission and the Council
and South Africa, governments have developed online have maintained the 15-day deadline to respond to pub-
resource portals to enhance transparency by providing lic information requests while acknowledging that delays
a single entry point to information and resources on may occur in the current circumstances.
COVID-19. In many countries, both governments and Guidance and materials have been developed to sup-
non-governmental organizations have taken steps to port public officials and citizens in the implementation
prevent misinformation on the pandemic. and exercise of the right to access information during the
Effective transparency requires proactive commu- emergency. Georgia’s Institute for Development of Free-
nication strategies that reach vulnerable and at-risk dom of Information has published guidelines on public
populations with the information they need in accessible information that is recommended for proactive publica-
formats. The Government of Mexico, for example, has tion by government agencies during the Covid-19 crisis.
created a microsite to provide information on COVID-19 In Spain, Access-Info has developed a guidebook to help
to people with disabilities. In other countries, non-state citizens understand the effects of the declaration of the

2 United Nations Depar tment of Economic and Social Affairs May 2020
state of emergency and explain how to exercise the right Civil society around the world has also mobilized
of access to information. and self-organized in response to the pandemic. Citizen-
led community responses have helped inform the public
Participation, engagement and representation on the risks of the pandemic and provided essential ser-
Strong legislatures are especially crucial in an emergency vices such as food and care. For example, in countries
like the COVID-19 pandemic to balance power and ensure like Italy and Spain or in the City of New York, volun-
independent oversight, represent people’s needs and de- teer groups have self-organised to tutor children, provide
mands, and pass legislation to deploy public resources mental health services and deliver food to vulnerable
to those in need. However, restrictions on large gather- groups such as older persons or people with underlying
ings, social distancing and other containment measures illnesses. These responses can be leveraged by public in-
have constrained the functioning of parliaments. Parlia- stitutions to ensure effective and inclusive responses to
ments across the world have had to find innovative ways the pandemic.
to work around this constraint. Legislatures in Albania,
Colombia, the Maldives, and Mongolia have amended Accountability and anti-corruption
their plenary procedures to allow virtual discussions. A Fundamental safeguards of government accountabil-
Remote Deliberation System has enabled, through video ity can be challenged or disregarded by institutional re-
and a secure personalized app, the continuity of debates sponses to an emergency (for example, ruling by decree
and votes in the Brazilian Senate. Legislators in different without legislative oversight). Moreover, emergencies and
countries (e.g., Armenia, Indonesia) are using social me- subsequent rapid responses as well as other measures fo-
dia to provide updates on the pandemic and engage with cused on the longer-term economic recovery (e.g., eco-
their constituencies. The Interparliamentary Union (IPU) nomic stimulus packages) may create opportunities for
is supporting Parliaments by sharing country-by-country integrity violations in public organisations, in the alloca-
information on how Parliaments are responding; provid- tion and use of public resources, and in core government
ing questions and answers for parliaments; developing functions such as public procurement.
guidance for legislators and technically supporting Parlia- Health systems in many countries suffer from sys-
ments on remote working methods. temic weaknesses that make them particularly vulnerable
The members of OPeN (Open Parliament e-Net- to COVID-19-related corruption risks associated with
work) are crowdsourcing and sharing country data on emergency funding and procurement; price gouging and
citizen participation and open parliament paths during resale of pilfered supplies on the grey and black markets;
COVID-19 times. Parlamericas and Legislative Directory substandard and falsified products entering the market;
have published a paper on legislative good practices and among others.
recommendations during COVID-19 in the Americas. Leg- Legislative and judicial oversight can help mitigate
islative Directory has also developed several reports on the opportunities for integrity violations and maladminis-
how Congresses are working in the region. tration. The Parliament of Kenya, for example, requested
As governments have been challenged to respond and received specific information from the Ministry of
to the coronavirus emergency risks, collaboration with Health on the allocation and use of public resources to
stakeholder groups and citizen engagement have generat- fight the epidemic, the distribution of medical resources
ed innovative responses to COVID-19 and helped enhance and the procurement of medical goods and equipment,
public trust. Participatory response strategies, the devel- among other topics. In Uganda, the high Court ruled that
opment and use of new digital platforms and tools to en- legislators must pay back money received in their per-
able engagement, including in the collective development sonal accounts as part of a package of 2.4 million euros
of digital tools and solutions (e.g., through crowdsourc- approved to fight the coronavirus in their constituencies.
ing, hackathons) and the use of social media to connect Internal and external auditors also play a critical
with people are some of the approaches used in differ- role in identifying potential risks in public financial man-
ent countries. In Slovakia, for example, the Ministry of agement and procurement systems, providing assurance
Education, Science, Research and Sport has worked with on transactions, enhancing transparency and providing
civil society in developing a website to provide teachers, critical information and data for holding governments
school managers, parents and students with up-to date accountable. The General Comptroller of Costa Rica has
information on matters related to education and educa- developed an online platform to enhance transparency on
tional resources during the closing of schools.  the government responses to the coronavirus, including

May 2 020 United Nations Depar tment of Economic and Social Affairs 3
on public procurement. The Brazilian Court of Accounts In some countries, accountability institutions, such
has launched a special programme (Coopera), including a as supreme audit institutions and access to information
monitoring plan to identify risks, weaknesses and devia- and privacy oversight bodies, have been monitoring and
tions in the government response to COVID-19. disseminating information about the impact of policies
Leading transparency and anti-corruption organiza-
and regulations adopted by governments in response to
tions have called on public authorities to ensure trans-
the crisis. Civil society is self-organising and also playing a
parency to prevent corruption and to strengthen whistle-
blower protection during the state of emergency caused key monitoring role of government action and proposing
by the coronavirus pandemic. Civil society organizations, innovative solutions - sometimes working collaboratively
such as the Institute for Development of Freedom of In- with governments - to strengthen the resilience of institu-
formation, have also developed guidelines on transpar- tions. International organizations and networks are also
ency of public procurement related to Covid-19. Leading playing a critical role, collecting examples of innovative
organizations working on accountability in Liberia have practices and supporting countries in their efforts to sus-
called for increased transparency and oversight of re- tain the essential functions of public institutions through
sources allocated to legislators as part of an emergency
different tools, including online repositories, discussion
and economic stimulus package as well as of foreign aid
forums, guidance and knowledge-based products.
resources received to fight the pandemic.
The experience from recent health and humanitar- Most countries are still striving to limit the spread
ian emergencies (e.g., Ebola outbreak, hurricane Katrina) of the epidemic, manage immediate health risks and miti-
shows the importance of addressing corruption risks as gate broader economic and social impacts. As countries
well as integrity and accountability vulnerabilities, and transition from the immediate response to the crisis to
provides valuable lessons for the present. In a recently longer-term recovery efforts, it will be critically impor-
published report, the INTOSAI Development Initiative tant to take stock of how the COVID-19 pandemic has af-
(IDI) recalls lessons and examples from previous crises fected key dimensions of national institutional systems
regarding the management of global health funds, corrup-
such as accountability, transparency and participation, in
tion over health emergency aid, and anti-corruption ap-
order to prevent reversals of progress on these critical
proaches in the health sector.
institutional dimensions and to avert longer-term con-
sequences on public institutions and human rights. To-
CONCLUSION
The coronavirus pandemic has created unique challenges gether with other key principles embodied in Sustainable
for transparency, participation and accountability. Na- Development Goal 16, these institutional dimensions can
tional and international actors have responded fast and provide signposts for increasing the resilience of national
forcefully to these challenges. institutions to external shocks in the future.

4 United Nations Depar tment of Economic and Social Affairs May 2020

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