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Devolution
with Accountability: Learning from Good Practices
By G. Shabbir Cheema
The
devolution of powers and resources to local governments is
essential to promote sustainable decentralization in developing
countries. Local governments with decision making powers and
ability to raise resources through their own mechanisms are able
to play a catalytic role in the development process. Furthermore,
citizens are more likely to actively participate in the local
political process where local government is perceived to be
sufficiently autonomous in making political decisions affecting
them. This improves the quality of local democratic process.
One
of the challenges in promoting devolution in developing countries,
however, is that frequently the local elite capture services and
facilities provided through local governments or field offices of
central government. Also corruption and misuse of authority are
sometimes more rampant at the local than at the national level.
These problems are more serious in societies that are
characterized by highly inequitable social and economic structures
and high incidence of poverty and illiteracy. Even the strongest
advocates of decentralization argue, therefore, that effective
devolution requires corresponding mechanisms to ensure
accountability of local actors-politicians, government officials,
representatives of civil society, and others involved in
allocating resources and influencing local political decisions.
This chapter examines the relationship between decentralization
and democratic governance, devolution as an essential ingredient
of decentralization, and the significance of accountability and
ant-corruption strategies at the local level to promote the
legitimacy and effectiveness of devolution. The chapter then
identifies and discusses six mechanisms and instruments to enhance
the accountability and transparency of local governments.
Decentralization and Democratic Governance
Democratic governance is characterized by such fundamental
principals as participation, transparency, accountability, access,
subsidiarity, representation, separation of powers, and an
independent judiciary. Decentralization is conducive to
achievement of these principles.’ It provides an institutional
framework at the subnational, local, and community levels through
which groups and citizens can organize themselves and participate
in political and economic decisions affecting them.
Decentralization thus provides avenues and opportunities for
representation by political, religious, and ethnic groups and the
participation of the opposition groups in the political process
(in the case of South Africa and Uganda, the latter has promoted
national unity).
Democratic governance is thus achieved through a decentralization
policy that
·
Promotes accountability and
transparency of central government officials. Because of their
day-to-day interaction with local political leaders, central
government officials are more likely to be held accountable for
their actions than in situations where decisions are made by the
central government-in many cases far away from local areas.
Decentralization also improves closer monitoring by the
beneficiary population of projects intended to serve them.
·
Promotes the institutionalization
of democratic culture by providing opportunities to groups and
individuals to make political and financial decisions affecting
their jurisdiction, by ongoing dialogue among local actors, and by
utilizing the knowledge and expertise of communities. This creates
an environment of local ownership of programs and projects.
·
Helps create checks and balances
among the center, the subnational level, and the local level (one
of the key ingredients of democratic governance). Decentralization
thus promotes a political environment of accommodation and
negotiation.
·
Facilitates the growth of civil
society organizations and networks by providing for the
establishment of civil society organizations to address local
issues that impact directly on the lives of the people.
Decentralization to municipalities and towns is especially
important for two reasons. First, the urban population of the
world has expanded from 30 percent in 1950 to 47 percent to 2000
and is projected to increase to 60 percent by 2030. Second, cities
and towns are the principal drivers of social and economic
development and technological transformation. Cities mean an
increase in productivity and improved quality of goods and
services; they are also centers of ideas, innovations, and
learning. Decentralization allows the emergence of an “inclusive
city,” or one that facilitates full utilization of energies and
resources of all groups in the community, including civil society
organizations.
Decentralization is not a panacea, however, for developing
democratic governance. Many dangers and pitfalls associated with
decentralization can impede the design and implementation of
elements of liberal democracy. In some cases, authoritarian local
leaders get elected and rule undemocratically. In countries such
as Colombia, members of opposition parties are subjected to
violence. In some democracies with a federal system of government,
such as Brazil, there are serious tensions between human rights
agendas and the policies of the federal and state-and even
local-governments. For example, political decentralization in
Estonia and Latvia led to the exclusion of Russians-almost 40
percent of the population in Estonia-through language and
citizenships laws. Other dangers of decentralization are that it
can increase geographic inequalities due to the different resource
bases of sub-national units; it may lead to redundancy and
inefficiency because of the lack of clear delineation of authority
and responsibilities; and it may lead to more divisions among the
society based on ethnicity.
Devolution to the Local Level
Decentralization is a broad concept. As a means, it can improve
efficiency and effectiveness of public services. As an end in
itself, it can promote the basic principles of democratic
governance. It can take one or more of four forms:
·
Deconcentration of
responsibilities from central government ministries and
departments to sub-national and local levels
·
Delegation of powers to
semiautonomous bodies to perform specific tasks
·
Devolution of powers and resources
to local governments
·
Transfer of responsibilities to
nongovernmental organizations.
In
practice, all countries have a combination of these forms, ranging
from a focus on deconcentration and delegation with limited
devolution to much more focus on devolution of political,
financial, and administrative authority to directly elected local
governments. To varying degrees, each form of decentralization
contributes to democratic governance. Deconcentration in these
forms brings government officials-and administrative decision
making-closer to the people, giving citizens opportunities to
monitor government programs. Delegation, though it brings decision
making about specific activities closer to the people who are
affected, does not provide direct channels for local political
control as in the case of devolution.
Decentralization through transfer to nongovernmental organizations
often involves contracting out partial service provision,
administration functions, and deregulation or full privatization.
Public functions could be transferred to trade associations,
professional organizations, farmers’ cooperatives, and women and
youth associations. This form of decentralization also positively
affects the promotion of democratic processes because it allows
decisions to be made through processes that involve large number
of political interests.
While each of the above forms of decentralization indirectly
contributes to achieving the goals of democratic governance,
devolution of powers and resources to elected local governments is
the key ingredient of democracy and good governance. Devolution is
aimed at creating or strengthening independent units of government
by devolving functions and authority. Its fundamental
characteristics are the autonomous nature of local units of
government, legally recognized geographical boundaries within
which they exercise their authority, and the power of local
governments to mobilize resources to perform their tasks. This
form of decentralization also implies that local governments are
seen as institutions that provide services to local citizens who
have control over their functioning. Local governments are one
level of the national political system, each with mutually
beneficial and legally recognized roles and responsibilities.
The
global trends toward devolution of political and financial
authority are visible in many recent country-level
decentralization initiatives. In India, with two amendments to the
constitution in 1992 including reservation of one-third of the
seats for women, local governments have been strengthened. In 1999
about 238,000 local councils were elected across the country.
In
Ghana the restructuring of local governments has provided more
authority and resources to local governments. Within the
guidelines provided by the National Development Planning
Commission, districts have considerable autonomy to decide on
their own development needs and priorities and have more control
over resources. They can raise some of their own resources and can
negotiate directly with donors for district-level projects. In
addition, 5 percent of the national budget is allocated to
districts specifically for development purposes.
Yemen’s experience with decentralized governance dates back to its
local development associations of the late 1960s. These groups
were able to mobilize most of their resources from local
communities to build schools and local health clinics. Regional
development initiatives, piloted in five governorates, emphasize
community self-reliance and microcredit and technical assistance.
The number of civil society organizations in Yemen has been
growing rapidly.
Uganda has one of the most comprehensive decentralization programs
in Africa. The constitution adopted in 1995 calls for the
devolution of power to local governments. The Local Government Act
of 1997 grants local councils the powers to raise revenues and
initiate their own development programs. Local councilors were
elected in 1998.
South Africa’s local councils elected in 1995 are an example of a
genuine attempt at empowerment. These councils were aimed at
extending democratic processes to local areas and creating
institutional mechanisms for the delivery of goods and services.
The
Local Government Plan 2000 introduced by the military-led
government of Pakistan is one of the most comprehensive local
government reforms in the country’s history in terms of local
government control over local resources and financial autonomy,
district and sub-district planning systems, and local level
information and monitoring systems. The Local Government Plan
integrates rural and urban local governments as well as government
departments at the local level into one coherent structure, in
which district administration and police are accountable to
elected chief executive of the district.
There are many constraints on the devolution of financial and
political authority to local governments. Both supporters and
opponents of devolution agree that, without adequate mechanisms
for accountability and for combating corruption at the local
level, devolution could lead to inefficiencies, misuse of
resources, and loss of citizens’ trust in the local political
process.
Accountability and Anticorruption at the Local Level
Accountability of elected local governments and effective
anticorruption strategies at the local level are essential to
promote and sustain political and economic devolution. These can
serve as strategic entry points for improving the effectiveness of
local governance through devolution. Effective financial,
political, and administrative accountability mechanisms at the
local government level compel local officials to focus on results,
seek clear objectives, develop effective strategies, and monitor
and report on performance. Lack of accountability leads to
corruption, which negatively affects the legitimacy of local
governments. Frequently, central government officials who are
opposed to devolution point to corruption at the local level as an
excuse to delay and sometimes sabotage transfer of powers and
resources.
Even though in theory corrupt local politicians can be voted out
of power in a democratically elected local government, in practice
local political leaders in feudal societies and in societies with
great economic disparities hold a monopoly on local political
power. In countries where political corruption is pervasive, local
elections are characterized by electoral fraud and voter
intimidation. The need to make elections free and fair has been on
the national agenda of many countries, but corrupt influences on
the outcome of elections have become widespread. In many
developing countries, local elections are marked by violence,
massive fraud, vote buying, and electioneering under government
auspices. In Pakistan, for example, the opposition raised
questions about the fairness of local elections. In Bangladesh
successive elections have led to serious disputes between the
ruling and opposition parties about the outcome, leading to a
constitutional amendment that provides for an interim government
three months before a national election is held to ensure that the
ruling party does not misuse its power during the election.
Furthermore, elections in developing countries-including those at
the local level-have become expensive. Because money invested in
elections has to be paid back, and because most candidates use
their own funds, the incentives for corruption can be seen in two
scenarios, that of being elected and that of staying in power. As
the case of the Philippines shows, rising election campaign
expenses result from massive spending on media, advertisements,
transport, public relations, and a semisecret kitty to buy votes.
Elections therefore have been increasingly understood in terms of
the spoils system, which in practice opens the way for elected
representatives to tap into public money, in many cases without
safeguards against the abuse.
In
the absence off organized and disciplined political parties, local
elected councils in developing countries tend to be weak and
unable to use their constitutionally guaranteed powers. The
executive branch of local government, with the support of civil
servants, monopolizes power. In the absence of an adequate system
of checks and balances, disincentives for the diversion of public
funds are not enforced. Political parties tend to become personal
clubs through which politicians gain power rather than arenas for
debate on local policies and programs. A common trend among
citizens is to join the winning party after the election in the
hope of gaining favor.
Political corruption can be entrenched in the democratic systems
of both developing and developed countries. When campaign finance
rules are not enforced and the judiciary is too weak to hold
corrupt politicians accountable, politically well-connected
middlemen collect bribes in return for misuse of political
patronage by those in power; some serve as specialized party
“cashiers” to collect money from sources, such as the construction
industry, for the party coffers.
The
reasons behind corruption at the local government level are almost
identical to those at the national level: to obtain goods and
services from the government below market price, to persuade
officials to undertake certain tasks, to avoid the costs of
government regulations and taxes, and to obtain contracts and
concessions from the local government.
A
2004 United Nations study emphasizes the need to promote
accountability and transparency in local governance and identifies
four strategies to promote transparency and accountability in
local governance: monitoring of transparency; access to
information and public participation; promotion of ethics,
professionalism, and integrity; and institutional reform. Over the
past few decades sub-national governments, cities and towns, and
other local governments have tried various instruments of
accountability and transparency to promote and sustain devolution
and to strengthen trust between citizens and local governments.
These include
·
Local leadership commitment to
accountability and transparency
·
Effective anticorruption bodies
·
Transparent and accountable
systems of public procurement
·
Participatory budgeting and
auditing
·
Engagement of civil society in
local decision making
·
Promotion of ethics and integrity
among local public officials
Local Leadership
The
commitment of local leaders to local accountability and
anticorruption strategies is essential for preventive measures,
enforcement of existing regulations, public education and
awareness, and institution building. Experience suggests that
similar local institutional structures and designs produce
different outcomes due largely to the quality of local leadership.
The promotion of accountability and combating corruption at the
local level is a long-term and ongoing process in which various
groups try to protect their own interests.
Leadership needs to commit to the reform agenda and to a
consistent pursuit of the agenda even in the face of short-term
setbacks. Effective local government leaders forge partnerships
among diverse groups, mediate differences, consult with various
interest groups, and are committed to social justice. Trisectoral
partnerships (between governments, the private sector, and civil
society) have also become increasingly vital to improve basic
service delivery. There are many good-practices models of
leadership that promote accountability and anticorruption
strategies.
In
La Paz, Bolivia, Maclean-Abaroa, the first elected mayor in almost
forty years, was sworn in on September 1985. He simplified the
procedure for applying for construction permits and published
these procedures to make people aware of the legal requirements.
The Urban Development Department’s monopoly on construction
permits was thus broken. The city government worked with the
professional association of architects to certify members of the
association to grant construction permits on behalf of the city
government, provided that the requests met set regulations.
Architects’ fees were determined by competition in the market.
The
city government undertook random checks to ensure compliance with
construction regulations. To avoid extortion on the part of the
investigating committee, the architects’ association had the right
to advocate on their behalf in case of baseless allegations. Other
simplifications reduced the number of taxes from 126 to 6 and
procurement steps from 26 to 7. The anticorruption process paid
off in terms of increased government revenues and a tenfold
increase in public works investment. Mayor Maclean-Abaroa was
reelected for his fourth term.
In
the municipality of Jinja, Uganda, the Markets Act of 1964
delegated authority and control over the central market to the
district administration and to either municipal or town councils,
depending on the location of the market. Market administrators
were responsible, inter alia, for regulating the use of the market
and its buildings; for keeping order, issuing permits, and
collecting auction fees and stalls’ rents; and for making
decisions as to the type of goods to sold. Because market
administration had been suffering from red tape, corruption, and
inefficiency, it was privatized. Through a comanagement system, a
private contractor collected dues and maintained the market
according to government rules. The role of the municipality was
only that of setting numbers of licenses, setting license fees and
rents, and setting standards for overall supervision. A vendors
association was established to defend the interests of vendors and
traders.
Surveys provided positive feedback about improvement in market
management and service delivery as a result of privatization and
the devolution of the administrative system; in addition, 74
percent of respondents expressed more willingness to pay their
dues as compared to the past. After privatization, market revenues
to the municipality increased by 27 percent. The municipality and
district boards guarantee transparency through a tendering system
managed by a “tender board” composed of council members and the
community. A chairman of the board is elected. Tenders are
advertised in the newspapers as well as the notice boards of
district and municipal councils in both local and English
languages.
Curitiba, the capital of Parana state in South Eastern Brazil,
became an international reference for integrated and holistic
planning, being recognized by the international media, experts,
and development institutions as an example of how local elected
officials can mobilize stakeholders and communities to tackle
development challenges and create an environment of accountability
and transparency of local governance.
The
most critical factor was the leadership of Jaime Lerner, who as
mayor introduced reforms. Mayor Lerner had to balance immediate
physical expansion challenges and the growth of slum areas with
the tremendous pressure for public transport, water, sanitation,
and other basic services. He initiated institutional reform,
including the creation of the Curitiba Research and Urban Planning
Institute, the Curitiba Industrial City, and a plan for the
revitalization of the historic center. During his subsequent terms
of office, Mayor Lerner focused on environmental preservation,
waste management programs, social services (including a network of
day care centers), consolidation of the public transport system,
and creation of the rapid transit system.
Various segments of society were engaged in the approval of a
master plan for Curitiba, which was a blueprint for urban
development based on consensus among the various communities. The
plan was shared with the population and widely disseminated. It
defined medium- and long-term development by outlining a growth
structure based on public transport facilities going from the city
center to the periphery, where the poor live; land use
legislation; and the hierarchy of the road system. The plan also
addressed the need to promote social services while sustaining
economic growth. Dissemination of the plan helped to avoid land
speculation and, by defining “equations of co-responsibility”
through partnerships, helped engage various groups representing
civil society and the private sector.
Mayor Lerner is widely known in Brazil and worldwide as an example
of credibility and competence. The population saw results and saw
the mayor leading by example. The mayor was never accused of any
type of malfeasance and did not use his power to make exceptions
to the rules defined to guide the development of Curitiba. The
population never saw any signs of “unexplained wealth” on the part
of the mayor, who has always lived in the same house and kept the
same standard of living throughout his terms of office as the
mayor. The mayor gained the trust of financial institutions, based
on the seriousness of his administration. Banks underwrote public
transport-private sector operations, and big companies such as
Volvo, Bosch, and Siemens trusted the municipal administration
enough to move to the Curitiba Industrial City.
Anticorruption Commissions
Over the past few years, central and local governments have
established anticorruption bodies to serve as watchdogs for local
governments and to combat corruption through enforcement of
existing regulations, punishment of violators, and raising the
awareness of citizens. Various models of institutional reform have
emerged and from various entities-some from the executive branch,
some from offices outside the executive branch, and some from
state and local governments. The key characteristics of effective
anticorruption bodies are financial independence, administrative
autonomy, a wide scope for action, linkages with political leaders
and government ministries and departments, and internal capacity
to perform their assigned tasks.
Though there are different approaches to designing anticorruption
bodies, a 2004 United Nations study shows that the key
determinants of their effectiveness are independent and
nonpartisan commissioners, strong educational and training units
in the commissions, a proactive community outreach program, and
representation of a variety of communities among the commissioners
and staff. Other elements of effective anticorruption commissions
are adequacy of resources and staff and legal advisory units.
Devolution of financial and political authority to local
governments leads to the performance by local governments of many
complex functions, such as land allocation, business licensing,
and recruitment and promotion of staff. The need therefore is to
have clear administrative procedures that are impartially
enforced. Institutional reform at the local government level that
promotes accountability and transparency and effective
anticorruption strategies takes many forms. One of the most
important is the creation of independent anticorruption agencies.
Others are the establishment of a complaints and ombudsman office,
a one-stop shop, oversight committees, an independent audit
function, and participatory budgeting.
Hong Kong established an Independent Commission against Corruption
in 1974 to deal with corruption. It follows a multidimensional
approach that includes prevention, education, and enlistment of
support. As a preventive measure, the commission organized
corruption prevention studies for public bodies and private sector
companies. Also, to educate the public, it conducted mass media
and public education campaigns against corruption. To enforce its
strategy, the commission recruited investigators from the police,
civil servants, engineers, accountants, and media experts to
undertake investigations regarding enforcement of laws pertinent
to corruption. The commission increased its enforcement efforts in
the private sector, resulting in the prosecution of high profile
figures of the business community, including the chairman of the
stock exchange. The efforts of the commission have led to enhanced
public trust in public services and the business sector.
In
Ecuador municipalities are responsible for public services such as
water, garbage collection, sewage disposal, and road construction.
They also have authority over taxation and legal codes. Pedro
Moncayo is one of the 219 municipalities of Ecuador. In this
municipality and another three, the United Nations Development
Program and the Civic Counter Corruption Commission implemented a
transparency pilot project through participatory budgeting. The
project designed transparency tools to improve service delivery
and public oversight and opened the way for citizens to
participate in public oversight of planning, budgeting, spending,
and service delivery. Workshops helped citizens diagnose and
identify risk areas in the municipal finance process and a way to
take action in risk areas. The workshops covered participatory
budgeting and accounts oversight, participatory public audits, and
opening access to information to enhance municipality
transparency. The municipalities were provided with manuals:
“Transparent Municipal Management” and “Transparent Fiscal
Management and Oversight.”
The
case of Pedro Moncayo shows the need for partnership between the
national anticorruption body and the municipal and local levels to
design and implement accountability and anticorruption mechanisms
at the local level. At the local level, as at the national level,
attention should be paid to such issues as sufficient resources,
qualified staff, supportive legal framework, an independent
judiciary, and a competent local administration.
The
city of Windhoek in Namibia established the Office of the Chief
Internal Auditor to undertake audit functions of the city’s nine
major departments, reporting directly to the chief executive
officer of the city. Since the city’s visioning process in 2000,
the office has been helping the departments of the city to improve
their procedures and practices to enhance accountability and
transparency and thus strength trust in the local government.
Public Procurement
Critics of political and financial devolution from the central
government argue that often the systems of public procurement at
the sub-national and local levels are rampant with misuse of
authority and corruption. Where local governments have established
mechanisms and procedures for accountability and transparency in
public procurement, citizen trust in and support for local
decision making is enhanced. In view of this, countries such as
India and the Republic of Korea not only have devolved power and
resources to municipalities and local governments but also have
initiated mechanisms to hold local officials accountable for their
actions, improve efficiency, and reduce corruption in the
procurement system.
The
government of Andhra Pradesh in India, for example, established an
electronic system to offer tenders online and to handle the
procedures electronically, so as to provide bidders with an equal
opportunity to access tenders in a timely manner. The system
reduces the human interface and subjectivity in the bidding and
evaluation processes; eliminates cartels and the physical threat
they pose, since bidders can submit their bids from anywhere
without being physically vulnerable to mafia groups; and minimizes
or eliminates tampering with bids, because the information is
available to all who have access to the system and does not
include physical transfer by humans.
The
system is implemented through a public private partnership model
in which technology investment and operation are undertaken by the
private sector in return for fees collected from the government
departments involved. After two and a half years, the system is
being used in processing the procurement of eight government
departments, thirteen public sector units, fifty-one
municipalities, and five universities. The average number of
participating suppliers increased from three per tender to four
and a half. Quotations decreased by 16 percent in the first year
of using the system (2003-04), compared to the previous year, when
the system was manual. Procurement cost to the departments dropped
by 20 percent as a result of the competition. The website helped
tender advertising costs shrink by 25 percent in a year.
The
government of Seoul City adopted the Integrity Pact, in which the
city government and companies submitting bids vow neither to offer
nor to accept briber. All bidders for the city’s construction
projects, technical services, and procurement are required to sign
the pact. During the bidding stage, the pact is explained to
bidders, and only those who take a bidder’s oath to sign the pact
are qualified to register their submissions. A government official
also signs a principal’s oath. During the contract’s concluding
execution stage, both parties must sign a “special condition for
contract.” Provisions are made to protect and reward those
reporting inside corruption. Specific guidelines have been issued
for the bidder’s submissions, employees of bidders, a company code
of conduct, and the principal’s oath.
Violators of the pact may face termination of contracts and are
banned from bidding for other contracts for six months to two
years. The pact is being implemented in two stages: the first
stage is for projects at the head office and project offices, and
the second stage is for projects in the twenty-five autonomous
district offices in Seoul. The ombudsmen are a team of five
persons appointed by the mayor of Seoul, one of them being the
chief. The ombudsmen. monitor implementation. Ombudsmen are not
allowed to hold a concurrent job at the National Assembly, a
political party, or any company participating in the bids for
public projects.
The
Public Record of Operations and Finance (PROOF) was launched in
Bangalore, India, in 2002 to monitor the financial performance of
the City Corporation in Bangalore. The purpose of PROOF is build
trust between local government and-citizens by improving the
responsiveness and accountability of the City Corporation. The
City Corporation has been providing quarterly financial
performance statements in a user-friendly format to the general
public.
In
Serbia a program titled “Towards More Transparent Budgeting and
Public Procurement in Municipalities” consists of the following
components: a public opinion poll in selected municipalities,
workshops for public officials to introduce new software and
standards of public procurements, polls about the quality of
services in selected municipalities, and the creation of new
project proposals. As a result, the municipalities now have new
tools and technologies and training.
Participatory Budgeting and Auditing
Two
effective and interrelated mechanisms for ensuring accountability
of local governments and combating corruption at this level are
participatory budgeting and auditing. It is widely recognized that
in most local governments budgets are not adequately discussed
among local actors before presentation to local elected councils.
In some cases there are too many donor-driven proposals. Time
allowed for discussions among local councilors is too limited.
Often, local budgets are written in a technical language that many
citizens find difficult to understand in terms of their
implications.
In
some countries, local governments have initiated mechanisms to
facilitate the participation of citizens in economic policymaking
and, specifically, in engaging them in the process of budgeting
and auditing. Porte Alegre in Brazil and Abra in the Philippines
are two examples.
Porto Alegre is recognized for its successful experiment with
participatory budgeting and decentralized decisionmaking. The city
has considerable control over revenues and taxes at the local
level. The experiment started in 1989 when the Brazilian Workers
Party won the municipal elections. The process of participatory
budgeting provided for the active engagement of local neighborhood
associations, nongovernmental organizations, labor union
officials, and city government officials. The Workers Party
organized two community gatherings during which the people
selected regional delegates to represent them during debates about
the allocation and spending of the municipal investment budget.
The delegates advocate areas of need with the technical staff of
the municipality.
According to World Bank reports of the Porto Alegre program,
remarkable achievements have been realized. Over the period
1989-96, the number of households with access to water services
increased by 18 percent, the municipal sewage system was expanded
by 39 percent, and the number of children enrolled in public
schools doubled. Every year thirty more kilometers of roads were
paved in poor neighborhoods. These outcomes increased the trust of
the people in their government. Such accountability motivated
people to pay their taxes, leading to a 50 percent rise in
government revenues. The successful model in Porto Alegre
encouraged its emulation in another 140 of Brazil’s 5,500
municipalities. It has also affected participatory budgeting in
the state of Rio Grande do Sul, the capital of which is Porto
Alegre.
In
Abra, the Philippines, the Concerned Citizens of Abra for Good
Governance (CCAGG), an NGO, was established in 1986. The CCAGG was
established as a result of the participatory development policy of
President Corizon Aquino. The CCAGG signed a memorandum of
understanding with the National Economic Development Authority and
was trained by it to undertake project monitoring. The CCAGG is
active in informing the public about the quality of projects,
using community meetings and the media. Its members include
students, professionals, housewives, priests, and government
employees. Despite receiving risks and threats, the organization
has maintained its momentum to investigate projects and fight
corruption.
The
spark for their action and publicity started when the group
challenged a government media report claiming the successful
completion of twenty-seven projects in the Abra province by the
Ministry of Public Works and Highways. The CCAGG gathered
information, photographed and documented the incomplete status of
the projects, and submitted all of it to the national government.
A government investigation was launched, and the CCAGG findings
were verified. Mild reprimands for the government officials in
charge of the projects set the CCAGG into action again, to hold
the corrupt officials accountable through punishment. Their
efforts paid off, with eleven engineers being suspended for
dishonesty and misconduct.
The
CCAGG investigates projects for substandard materials, poor
construction techniques, and fraudulent contracting procedures.
Given the effectiveness and efficiency of the CCAGG in monitoring
and fighting corruption in public works projects, combined with
the expertise it has acquired, the National Audit Commission
entered into partnership with the CCAGG to undertake participatory
audits in the Abra region. The experience of the CCAGG is a good
example of participatory public audits, wherein citizens engage in
fighting corruption and ensuring high-quality projects.
Civil Society Organizations
Civil society engagement and an ongoing dialogue among local
actors provide other mechanisms to ensure accountability and
transparency, which in turn enhances citizens’ trust in political
and economic devolution to local governments. Where citizens do
not trust local governments and corruption is rampant, central
government officials are likely to impose more conditions on local
government bodies.
In
Bangalore, India, the first report card on public agencies in.
1994 covered municipal services, including water supply,
electricity, telecommunications, and transport. Since then the
Public Affairs Center, which was set up in Bangalore by a small
group of citizens, has published its “Citizens Report Cards” on
several other cities, rural services, and health care. The
findings of the first report card on Bangalore are striking.
Almost all public service providers received low ratings from the
people. The agencies were rated and compared in terms of public
satisfaction, corruption, and responsiveness. The media publicity
that the findings received and the public discussions that
followed made people aware of the magnitude of the problem. In
response to increasing demands from civil society groups for
better performance, public agencies began to respond to people’s
demands and took concrete steps to improve their performance.
The
second report card on Bangalore, in 1999, showed better ratings
for the some government agencies but not a significant overall
improvement in the performance of public sector agencies. The
third report, in 2003, however, showed major improvements in
citizens’ rating of all public agencies. The incidents of
corruption in routine transactions between citizens and public
officials declined. Building on the above demand-side efforts, the
chief minister established the Bangalore Agenda Task Force to
serve as a body for public-private partnerships to work through to
improve the quality of services. The task force is monitored by
civil society groups and the media.
In
Tanzania relationships between local governments, civil society
organizations, and the private sector are characterized by
conflict, competition over resources, and sometimes hostility. To
deal with these challenges, Pajoma, a local civil society
organization, developed joint action schemes to encourage
cooperation in such fields as governance, education, and solid
waste management. In 1998 Pajoma established the first District
Advisory Committee as the multi stakeholder platform to identify
common development objectives. The objectives of the committee are
to increase the effectiveness of service delivery, create trust
among partners, coordinate development efforts, and promote
collaboration and consensus. As a forum for dialogue, it has now
been extended to three districts.
In
the Philippines, civil society organizations and community groups
have taken critical initiatives to bring about successful reform
in service provision. The primary health care service delivery in
Surigao City was implemented through women’s clubs. A midwife from
the city’s health office, along with local area (Barangay) health
workers, organized mothers in neighborhoods and trained them in
nutrition education and sanitation. This effort facilitated the
delivery of primary health care services, including immunization,
family planning, and nutrition education.
The
Philippine Center for Investigative Journalism is an independent,
nonprofit media agency specializing in investigative journalism.
It was founded in 1989 by nine journalists who recognized the need
for newspapers and broadcast agencies to go beyond day-to-day
reporting. The center is founded on the belief that the media play
a crucial role in scrutinizing and strengthening democratic
institutions and should thus be a catalyst for social debate and
consensus for public welfare, trusting that well-researched
information communicated to citizens leads to informed public
opinions and public decisions. The center aims at providing
training for investigative reporting to full-time reporters,
free-lance journalists, and academics. In addition to training, it
uses information technology to optimize research and investigation
as well as to systematize access to data. It has been conducting
ten-day training seminars on investigating corruption at both
national and regional levels.
Because the reports prepared by the centere are well researched
and well documented, they have contributed to a deeper
understanding of issues and, thus, have had an impact on outcomes.
The reports have resulted in government actions dealing with
corruption, public accountability, and environmental protection.
The factors that have led to the success of the center are the
professional expertise available among its members and its focus
on capacity building and training. Its self-sustaining operations
and high-quality outputs have attracted the attention of
development partners nationally and regionally.
The
power of civil society monitoring is shown by the effectiveness of
an independent civil ombudsman in the city of Sendai, Japan, in
exposing corruption in public agencies in Japan. In the mid-1990s
a group of attorneys established the civil ombudsman to examine
payments made for official entertainment. Several corruption cases
were exposed, including nonexistent public travel.
The
Philippines Report Card on Pro-Poor Services, a pilot project, was
supported by the World Bank to get feedback of citizens concerning
the performance of government services, including basic health,
elementary education, housing, potable water, and food
distribution. Periodic Report Card Surveys provide pressures and
incentives of public agencies to make concrete improvements in
public services, which in turn enhance political legitimacy and
effective political devolution to local governments.
Equitable and mutually beneficial partnerships among local actors
government, civil society, the private sector, and community
groups-are instrumental in both exerting pressure from below for
devolution of power and resources and implementing existing
decentralization policies and programs. In large metropolitan
areas such as Bombay, Mexico City, and Karachi, local government
structures can be remote from the day-to-day needs of the people.
However, representatives of the metropolitan government along with
municipal government employees can forge partnerships with the
representatives of civil society, the private sector, and
community organizations. These partnerships enable the municipal
government to elicit the participation of citizens in municipal
government initiatives and also to provide a mechanism for other
local actors to hold municipal government functionaries
accountable to the people. More important, such local-local
partnerships tap into the full complement of human energy in the
city.
An
interesting example of local partnerships in support of local
initiatives is the Local Initiative Facility for the Urban
Environment (Life) program) supported by the United Nations
Development Program in twelve countries. The design of the Life
program is two pronged. The first prong is the creation of
mechanisms for promoting dialogue among local actors at the
community, municipal, and national levels. These mechanisms
include national or city consultation to map priorities, a program
selection committee to review local initiatives to promote
learning, and community groups to suggest local initiatives that
have potential for learning and replication at the municipal and
or national level. A national program coordinator is appointed to
promote interaction among actors. The second prong includes
providing grants for those community initiatives that respond to
local environmental problems, such as waste management,
environmental education, water supply, and sanitation. Other
initiatives with priority are those that promote primary health
care and income generation.
The
Life program operates in three stages: upstream, catalyzing
national dialogue, developing strategies, and gathering support;
downstream, ensuring effective and collaborative small projects;
and again upstream, disseminating and exchanging information
nationally and internationally.
The
Life program promotes democracy at the grass roots by empowering
local actors and by increasing dialogue among them about their
local problems and responsibilities. The result in most cases has
been an increased level of local and community organization and
the ability of local actors to build on their own local
initiatives as well as benefit from national resources. The
program also provides a mechanism for civil society organizations
and community groups to interact with other local and municipal
leaders and representatives of national government in the area.
Through the networks created through the program, local leaders
are more likely to influence the process of resource allocation at
the municipal level. In addition the program provides an effective
mechanism for the participation of people in the development
process. In most government initiated programs the concept of
participation tends to be limited to the involvement of
beneficiaries. However, the Life program provides a decentralized
structure through which decisions concerning local environmental
problems can be made locally.
The
Life program shows the need for pro-poor local governance, in
which civil society, urban government, the business sector, and
representatives of the central government at the local level build
partnerships to respond to problems that affect the poor. The
pillars of effective pro-poor local governance include elected and
autonomous local government with an adequate capacity and
information base, strong developmentally oriented civil society
organizations, a socially responsible business sector, and
partnerships that include these various actors.
Public Ethics and Integrity
Appropriate laws and regulations and their proper enforcement are
essential but not sufficient to promote accountability and
transparency and anticorruption strategies. Equally important is
the need to strengthen ethics and professionalism among local
officials. Those without ethical standards and personal integrity
usually find loopholes in laws. Some of the mechanisms used to
promote ethics and integrity at the local government level are
conflict-of-interest laws, disclosure of income and assets,
lobbyist registration, whistle-blower protection, codes of
conduct, and ethics training. The focus of a code of conduct can
be inspirational (including stated values) or disciplinary
(containing minimum standards) or both. Usually the code includes
elements of human resource development policies.
In
New York City, the Conflict of Interest Board-consisting of five
members appointed by the mayor-is the legal entity that enforces
the conflict of interest laws of New York. To ensure their
independence and impartiality, the members are not allowed to hold
public or political party office or work as lobbyists before the
city. The board examines financial disclosures, informs local
officials about the provisions of the conflict-of-interest laws,
and provides training and advisory opinions.
The
city and county of San Francisco enacted the San Francisco
Lobbyist Ordinance requiring lobbyists to register, to report
quarterly any compensation they received, and to report their
political contributions to local officials; the ordinance also
prohibits gifts to local officials with a value of more than $50.
The purpose of the law is to public confidence in the elected
local government.
Conclusion
The
devolution of powers and resources to local governments is the
most critical component of democratic governance. However,
devolution without effective mechanisms and instruments to promote
accountability, transparency, and anticorruption at the local
level undermines the political legitimacy and effectiveness of
local governments. The case studies of good practices in this
chapter suggest that devolution with accountability can be
promoted through local leadership committed to accountability,
anticorruption commissions, transparent procedures for public
procurement, participatory budgeting and auditing, the engagement
of civil society, and the promotion of ethics and integrity among
local officials. These mechanisms and instruments of
accountability and transparency in turn promote and sustain
political and financial devolution.
(This paper was read on the occasion of two-day International
Conference on MDGs, held on April 29-30 at Islamabad.
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