5.5. Oversight of Institutions
Ideas
- Even in a system designed to defend against it, corruption, abuse of power, and conflicts of interest remain possible.
- Citizen Oversight Commissions are therefore established to monitor the functioning of institutions and representatives.
- They are independent of the legislative, executive, and judicial branches of government.
- Members of these commissions are randomly selected from among all citizens.
- Citizen Oversight Commissions can propose recall votes.
- They have no other political power.
Appointment of Members
Members of the Citizen Oversight Commissions are randomly selected from among all citizens, with a rotation of 25% of members each year.
Why from all citizens, and not from a list of volunteers like the Representative Council? The role of the Citizen Oversight Commission is sensitive and can give a certain illusion of being above power. Commission members can request the revocation of a representative!
By choosing from volunteers, there is a risk of selecting people who tend to seek power; by randomly selecting from all citizens, this risk is limited.
Organization
Citizen Oversight Commissions are organized into several groups dedicated to monitoring various democratic institutions and procedures: functioning of institutions, budget supervision, conflicts of interest...
The assignment of members to one group or another is decided by random selection. New members are trained when they take office and are supported by more experienced members.
Role
The Citizen Oversight Commission has complete access to the functioning of institutions. It can passively attend all debates, obtain all documents and recordings, or even question representatives.
It ensures that the functioning of institutions complies with the Constitution and the interests of citizens, and that work is diligent and effective.
When the Citizen Oversight Commission identifies irregularities, it can submit its file to the Representative Council or a Court of Justice.
It can also directly solicit the citizens. In agreement with two of the four main institutions (Representative Council, Council of Elders, Court of the Justs, Council of Ministers), it can launch a recall vote to request the dismissal of one or more representatives, or even all members of an institution. This request is then submitted for voting.
The Citizen Oversight Commission can also be approached by citizens or the press to investigate specific issues. In the course of its investigations, it can request additional information from all institutions, which are obligated to respond.
It produces a regular report on its work and the functioning of institutions.
Finally, it evaluates the service of each member of the Council or ministry at the end of their term, based on their compliance with the Constitution, their diligence, and their contribution.
Representation
Each Citizen Oversight Commission elects a representative from among its peers. A majority of the commission can request a new vote at any time.
The representatives of the Commission publicly speak on behalf of their group and elect a general representative.
Limitations
Being responsible for overseeing the functioning of all institutions, Citizen Oversight Commissions could have too much power.
The limitation set here is that Citizen Oversight Commissions intervene only on form. Indeed, they have the power to request a revocation, but only on suspicions of corruption, conflicts of interest, or behavior (e.g. absenteeism).
They, therefore, have no real political power. Their role is limited to ensuring that the work of institutions respects the spirit of Software Democracy and that work is carried out diligently, in the interest of the population.
They investigate conflicts of interest, corruption, and abuses of power and have extensive powers for this purpose. However, at no point can they obstruct the political process.