Sharing Success Stories and Challenges in E-Governance/ E-Administration

Transcription

1 African Training and Research Centre in Administration for Development Sharing Success Stories and Challenges in E-Governance/ E-Administration The Legal Framework on E-governance/E-administration Systems Legislative texts governing the use of ICT: laws, regulations and decisions relating to e-governance and the use of ICT in general; Institutional and administrative structures responsible for the regulation, monitoring and evaluation of the use of ICT; By. Ifeanyi Emmanuel Odogwu (CAFRAD)

2 Content 1. Definition 2. What is the Objective of Government? 3. Why e-government? 4. ICT in Administration I. How does government deliver services through ICT? II. Readiness for the full implementation of egovernment III. Factors that affect the effective implementation of egovernment in Nigeria. IV. Challenges and Problems arising from use of ICT) 5. Regulation of the use of ICT 6. Reasons for regulatory measures 7. What are the Extant Legislation/Instrument Regulating the use of ICT? I. The Nigerian Communications Commission Act, 2003 and II. The National Information and Communication Policy, Regulatory & Monitoring Institutions I. Regulatory Institutions created under the NCC Act, 2003 and ii. Regulatory Institutions created under the National Information and Communication Policy, Conclusion 2

3 1. Definition E-Government, simply put, refers to the use of information and communication technology (ICT) to enhance access to, and delivery of government services to the benefit of all. (Akunyili, 2010) 3

4 2. What is the Objective of Government? The objective of any state is to use the employed human and budgetary resources of the country for the provision of Public Goods and Services in the most effective and efficient manner (Misau, 2014). 4

5 3. Why e-government? A common feature of e-government is the automation or computerization of existing paper-based procedures to enhance access to, and delivery of government services to the citizens. It helps to strengthen government s drive towards effective governance and increased transparency for better management of resources, for growth and development. E-government also aims at integrating government ministries, departments and agencies in a manner that promotes their on-line interaction. (Akunyili, 2010); E-administration makes for greater efficiency with less costs to the end users. 5

6 4. ICT in Government/Administration I. How does government deliver services through ICT? There are four generic ways that are well-known: 1) Government-to-Citizen (G2C), 2) Government-to-Employee (G2E), 3) Government-to-Business (G2B), and 4) Government-to-Government (G2G). For the purpose of this paper, we shall be looking at the first two as they apply to Nigeria. 6

7 Government-to-Citizen (G2C) Services G2C refers to services rendered to members of the public by the public institutions; Nigeria, for instance, is a country of about 200 million people; This population is distributed over an area of 923,768 sq km (356,667 sq miles). Politically, the country is divided into 36 States (and Abuja) and 774 Local Government Areas (and Abuja Minicipality). From the above it is easy to appreciate how difficult it is for the government to reach the people at the grassroots. 7

8 1) Government-to-Citizen (G2C) Services (i) University Matriculation Examination -UME (formerly JAMB) Over a million candidates sit for an examination same day; The scripts are marked and results released within one week with very minimal errors. (ii) Incorporation of Companies and Registration of Business Names (CAC) Online searches; Online investigations of particulars of proposed directors; Online payment. 8

9 Government-to-Citizen (G2C) Services (conts) (iii) Conduct of reliable free and fair elections E-voting/e-counting of votes; Electorates can vote online (in due course); People can see the result of the elections even in the course of voting (in due course); Electronic detection of defective votes. (iv) E-banking and e-transfer of funds (v) Cashless banking 9

10 Government-to-Citizen (G2C) Services (conts) The efficiency of and speed at which ICTenhanced services are rendered are better appreciated when we, in retrospect, take some time to compare what it was and what it is today, e. g. 10

11 Government-to-Citizen (G2C) Services (conts) Hitherto: Both UME and WASCE results used to be released after several months and with several missing results; Not only that, Payment used to be made by postal orders obtained from post offices located in towns and cities very far away from the villages where most people lived; Many had to travel several kilometres to obtain entry forms and travel the same distance to submit same after completing them; Entry documents and examination particulars were sent by post; Later they had to travel again to check their results; Some candidates got involved in fatal accidents and never saw their results; Thereafter the results slips had to be sent by post; Some results got badly delayed or even lost in transit... 11

12 Government-to-Citizen (G2C) Services (conts) Today: Payment is effected on-line; All that a candidate needs to do is a visit to the internet after just a few days. Most candidates use their smart phones or i-pads for this purpose within the confines of their bedrooms. This development has minimised the sufferings of these candidates. 12

13 2) Government-to-Employee (G2E) This refers to the services the Government renders to its own employee, viz: E-payment: The 2009 public service reform instituted the use of e- payment regime for all public sector transactions; Almost instant clearance of salary cheques; Salaries (e-payment of salaries makes the job of the accounts department a lot easier and more efficient). Public servants can now draw on their salary accounts a few hours after e-transfer of funds; Payment for procurement of government contracts (Reduction of the risks inherent in moving cash); The cashless economy (which is ICT-driven); Made auditing of government funds and tracing of the origins and destinations of each transaction possible. This launches an effective war against money laundering and other financial crimes. 13

14 II. Readiness for the full implementation of egovernment Figure 1: (UN, 2008) Regional average of egovernment readiness (cited by Mundy & Musa, visited 7 April,

15 Readiness for the full implementation of egovernment (conts) Nigeria S/N Indicator Source individual access to Mobile telephone 63.9% National Bureau of Statistics report on access to ICT services Individual ownership of Mobile handsets. 43.6% 2009 collaborative survey of socio-eco activity in Nig. By the NBS/CBN/NCC Household ownership of mobile telephones. 59% (i.e. 70.6% of those with access) - do - Access to fixed telephony. 0.4% - do - Access to computers. 4.5% 2011 Annual NBS/CBN/NCC socio-eco report: access to ICT Television access. 67.6% 2009 collaborative survey of socio-eco activity in Nig. By the NBS/CBN/NCC Radio access. 41.2% - do - Ownership of radio 41.2% - do - Internet connections. 6.5% - do - Internet users. 0.02% 2009 collaborative survey of socio-eco activity in Nig. By the NBS/CBN/NCC (based on a pop of 160m & 0.3% of access) Broadcasting stations in operation nationwide 291 Nigerian Broadcasting Corporation. Broadband penetration. 6.1% International Telecommunications Union (ITU) Post offices including postal agencies and post shops. 2, collaborative survey of socio-eco activity in Nig. By the NBS/CBN/NCC Licensed courier companies. 250 Nigerian Postal Services (NIPOST) People employed in the communication sector million 1,124 (female) 3,845 (male) 2009 collaborative survey of socio-eco activity in Nig. By the NBS/CBN/NCC Note: NCC Nigerian Communications Commission, NBS National bureau of Statistics, CBN Central Bank of Nigeria, NIPOST Nigerian Postal Services. Source: National Information and Communication Technology (ICT) Policy. 15

16 III. Factors that affect the effective implementation of egovernment in Nigeria. Power supply (less than 10,000 MW for a population of over 150m); Adult literacy rate (above average favourable to egovernment); Unemployment rate (very high adverse effect on egovernment); Internet diffusion o 70.0 m in 2009; o m in January 2012; o m in January 2013; 16

17 Factors that affect the effective implementation of egovernment in Nigeria. (conts) Teledensity. o in 2009; o 71.5% in 2012 o 81.78% in 2013 o Expected to reach 98% in 2015 o Expected to reach 100% in 2020 Source: NCC statistics. 17

18 IV. Challenges & Problems arising from the use of ICT Technical issues; Citizen expectations Privacy and security concerns; Political challenges 18

19 5. Regulation of the use of ICT Regulation may be in the form of: A legal restriction promulgated by a government authority (i.e. a written instrument containing rules that have the force of law); Contractual obligations that are binding on parties; Monitoring, & enforcement of rules, established by primary and/or delegated legislation. A government policy. 19

20 6. Reasons for regulatory measures Regulation creates, limits, constrains a right; It creates or limits a duty, or allocates a responsibility; It makes for uniformity in behavioural pattern in both the service providers and consumers; It instils discipline in both the service providers and the users/consumers; It prevents abuse; It enables the government, through its regulatory agencies, to set a standard that will be beneficial to both the service providers and the consumers. 20

21 7. What are the Extant Legislation/Policies Regulating the use of ICT? Today there are two principal instruments to wit: 1) Nigerian Communications Act, 2003 (which applies to the provision and use of all communications services and networks, either in whole or in part within Nigeria or on a ship or aircraft registered in Nigeria); 1) The National Information and Communication Technology (ICT) Policy, This policy harmonised all the policies ICT Sector into a single ICT Policy. Such policies were those established under: The Wireless Telegraph Act, LFN 1990; 21

22 Extant Legislation/Policies Regulating the use of ICT? (conts) National Broadcasting Commission (NBC) Act 1992 (Decree 38 of 1992) (as amended); National Information Technology Policy 2000; The National Telecommunication Policy (NTP) 2000; Nigerian Postal Services (NIPOST) Act 2004, Cap 127 LFN 2004 (Decree 41 of 1992); and National Information Technology Development Agency (NITDA) Act

23 8. Regulatory & Monitoring Institutions I. Under The Nigerian Communications Commission Act (i) The Nigerian Communications Commission (NCC) The Commission was created by section 3 of the NCC Act of 2003 Act as a body corporate (legal entity) with perpetual succession and a common seal, capable of suing and being sued in its corporate name. The Commission is the independent National Regulatory Authority for the telecommunications industry in Nigeria. The Commission is responsible for creating an enabling environment for competition among operators in the industry and all matters related thereto. It ensures the provision of qualitative and efficient telecommunications services throughout the country. 23

24 (ii) The Minister Under section 23 of the NCC Act the Minister has the responsibilities which include but not limited to- The formulation, determination and monitoring, of the general policy for the communications sector with a view to ensuring, amongst others, the utilisation of the sector as a platform for the economic and social development of Nigeria; The negotiation and execution of international communications treaties and agreements, on behalf of Nigeria, with sovereign countries and international organisations and bodies... 24

25 (iii) National Frequency Management (NFM) Council Section 26 of the NCC Act established the Council in the Ministry. Under Section 28 of the Act the Council (chaired by the Hon. Minister) has the following functions, amongst others. assist and advise the Minister on the representation of the Federal Republic of Nigeria and carrying out ancillary functions at international and regional spectrum allocation bodies including but not limited to International Telecommunications Union (ITU); assist and advise the Minister on the preparation and negotiation of bilateral and multi-lateral spectrum allocation treaties with other sovereign administrations; assist and advise the Minister on the preparation, negotiation and adoption of spectrum coordination agreements that are applicable to cross-border spectrum uses involving the Federal Republic of Nigeria and other countries

26 Regulatory & Monitoring Institutions (conts) II. Institutional Structures Established under the National ICT Policy Government provides overall direction for national ICT development; It ensures policy consistency of ICT sector with other national policies, international best practices and conventions; and Enacts necessary laws, and takes other required & necessary measures promptly in support of the National ICT Policy. In order to be able to achieve the stated objectives a government institutional structure comprising the following is captured within the National Information and Communication Technology (ICT) Policy. 26

27 (i) Regulatory & Monitoring Institutions (conts) The Ministry of Communication Technology The Ministry of Communications Technology was specifically created to man the country s ICT development. The Ministry, in addition to the duties assigned to it under the NCC Act, generally formulates broad ICT Policy. Specific roles of the Ministry, amongst others, include the following: Proposing policy options and recommending to Government such measures as legislation, fiscal incentives, etc; Monitoring the implementation of government policy in the industry; Ensuring compliance with the provisions of sections NCC Act 2003 (as amended), in respect of the National Frequency Management Council s frequency allocation role; 27

28 (ii) Regulatory & Monitoring Institutions (conts) The Converged Regulator (CR) The term convergence in the context of ICT and media, refers to the coming together of IT, Telecoms, Broadcasting and other media, with respect to technology, market, policy and regulation. (Ndukwe, 2005). This also includes the existing and relevant regulatory functions of NIPOST and NITDA. The CR is independent and it ensures that each of the subsectors (telecoms, IT, broadcasting and postal) is given maximum and equal attention. 28

29 Regulatory & Monitoring Institutions (conts) The Converged Regulator (conts) It will be specifically responsible, amongst others, for: Developing & administering a comprehensive regulatory regime for the ICT sector; Regulating the ICT industry in line with government policies, objectives and goals; Promoting, encouraging and protecting private sector led investment in the industry through a fair and competitive ICT environment, as well as economic and technical regulation of the sector 29

30 Regulatory & Monitoring Institutions (conts) The Converged Regulator (conts) Ensuring a level playing field for all participants through equal opportunity and equal access to relevant information, markets and resources such as spectrum and electronic addressing system; Promoting Universal Access to ICT services, including developing regulations and designing a framework to guide the attainment of Universal Access, as well as enabling funding to help finance investment in ICT for unserved and underserved populations... 30

31 Regulatory & Monitoring Institutions (conts) (iii) The ICT Development Agency The agency, headed by a Chief Executive, is charged with the responsibility to- Formulate plans for ICT initiatives as appropriate; Provide support to the private sector where appropriate to implement ICT developmental initiatives; Develop frameworks and guidelines, including interoperability and egovernment frameworks, for development and use of ICT in the Government 31

32 Regulatory & Monitoring Institutions (conts) (iv) The Public Postal Operator Restructure and upgrade its organization and operations to effectively deliver on its Universal Service obligations and operate on a sustainable commercial basis; Optimize current and future deployment of physical locations/outlets to maximize the reach of the public postal network, by ensuring that there is at least one public postal outlet in every Local Government Area by 2015; 32

33 Regulatory & Monitoring Institutions (conts) (v) Government-owned companies Two government-owned companies: a) Galaxy Backbone PLC and b) NigComSat were created for specific purposes in respect of government ICT infrastructure provision, and exploitation of satellite technology, respectively. 33

34 Regulatory & Monitoring Institutions (conts) Government-owned companies (conts) (a) Galaxy Backbone Plc. Provide Government s connectivity requirements, leveraging infrastructure and services of the private sector, as appropriate; Provide data hosting and management services for government MDA s; Provide advisory services to MDA s in respect of connectivity and data hosting services; and Provide advisory services in respect of hosting and connectivity for transversal government applications. 34

35 Regulatory & Monitoring Institutions (conts) Government-owned companies (conts) (b) NigComSat Continue to pursue commercial exploitation of the Federal Government s investment in NigComSat-1R and other assets; and Continue to provide Government with security and other required information obtained through the satellite resources under its management. 35

36 9. CONCLUSION It is, to a large extent, a success story, imbued with challenges. In Nigeria, like in some other African States, the laws are in place, the government has taken further step to formulate a policy on ICT and the relevant institutions are in place and operational. It is, therefore, the hope of all and sundry that, with the honest implementation of the new National ICT Policy, the provision of regular power supply, building of the relevant capacity to man ICT, egovernment/eadministration will firmly find its feet in Nigeria by the year

37 Thank you! Merci! Gracias! Danke! Deje! 37