“Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. Representative democracy and the third pillar of fiscal decentralisation. (DRAFT) Neil Webster1 Background The paper is drawing on the experiences from the work of the United Nations Capital Development Fund (UNCDF), primarily in Nepal, but also elsewhere in Asia and Africa. In Nepal UNCDF is supporting the government in a national programme, the Local Governance and Decentralisation Programme. The programme is supported by 13 donor agencies directly, and several more indirectly. Nepal is pursuing a decentralisation reform agenda in a political context in which ethnic federalism is being pursued as an outcome of the armed conflict (1997-2006), a constitution has yet to be finalised more than 4 years after a Constituent Assembly was elected for that purpose and where, with the dissolution of the same Assembly, a caretaker government rules. The current contest for political power between three main political parties has left a void in the legislative side of governance permitting a strong bureaucratic elite to reassert its dominance over the processes of national governance and reform. This elite strongly opposed any reform agenda that it feels might weaken its position of dominance and in the most recent period has not felt restrained in making its opposition known to political parties and donor agencies. Simply stated, the role of UNCDF is to use its quite unique UN mandate that permits it to make capital grants within an approach that focuses on the strengthening of local public financial management. This would on first sight appear quite neutral, highly technical and to have little to do with the strengthening of representative democracy. Closer examination though shows that such a strengthening of local public financial management can be an important instrument for securing greater local democracy, participatory and representative, within a national reform process. Finally, please note that this is very much a paper reflecting work in progress and requires more theoretical reflection and consideration in a number of its areas. But it seeks to make a link between research and policy, between the political and the financial management of local government that appears somewhat under-researched. Introduction The reference to a third pillar in the working title of the paper is based upon the proposal that three core reform agendas need to be pursued for achieving a functioning devolved system of democracy that supports and strengthens representative democracy at the national level. These are an administrative reform process that turns hierarchical line ministries on their heads such that their ethos is to serve the demos as duty bearers (vertical change) and to support and facilitate the work of the elected representatives (horizontal change); an electoral reform process that seeks to secure the ability of the demos to influence the decision-making processes that shape the formulation and the implementation of policy whether through direct participation or through representatives that act for their interest. The third pillar is that of fiscal decentralisation reform process. Here there are five basic building blocks: (i) the assignment of expenditure responsibilities to different government levels; (ii) the assignment of revenue and tax sources to different government levels; (iii) the design of inter-governmental transfers whereby fiscal transfers or grants are made by central government to local government; (iv) Local government 1 Senior Researcher at DIIS, Copenhagen, currently on leave and working for UNCDF, Southern and Eastern Africa Regional Centre. The views expressed are entirely the author’s own. ([email protected]) 1|Page “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. borrowing (municipal bonds for example): (v) the policy environment and institutional arrangements for managing local government fiscal arrangements.2 The pursuit of public administration and electoral reforms tend to be highly contested as they threaten to affect the basis by which bureaucratic and political elites reproduce much of their power. But fiscal decentralisation, while involving the funds around which power is much contested, can often see a reform process initiated by governments as they meet demands from donors to manage fiduciary risks better, to manage local public financial management better, as well as their own domestic concerns with bringing more development to local communities. It might also be the case that the often quite technical nature of the reforms and of the fiscal instruments introduced might permit their approval and implementation to pass under the political radar in the initial phase. The complexities of accounting and auditing systems, of fiscal performance measures and formula funding for inter-government transfers, might well permit processes to be set in motion before their full implications are understood. It is this third pillar that the paper looks to, with the suggestion that much that can be achieved here in the strengthening of certain systems and processes can lead directly to stronger representative democracy. There are three main parts to this paper. First a simple model of the approach to change that the paper looks to. This is to provide the basis for understanding the positioning of the promotion of certain instruments within a fiscal decentralisation approach vis-à-vis representative democracy. Second the importance and role of two of these instruments: formula funding (FF) and Performance Based Grant Systems for good public financial management and thereby stronger representative democracy. The note will look briefly to the technical instruments used and the political outcomes that can be attributed to their impact. Third the ways in which the ‘circuit of local governance’, can be strengthened through the specific use of a third instrument: targeted cash transfers made by local government to citizens. Strengthening this circuit of local governance requires efficient local financial management, but it can take the demand for representation into new arenas and thereby secure much at the national level, not least the need for effective representative democracy to deliver inclusive public services and development at the local level. Let me conclude this background with the simple but perhaps polemical statement that public financial management is the cornerstone of effective and efficient local government and central to improvements in the quality of participatory and representative democracy (electoral system) and for responsive local government (public administration) Factors shaping representational influence in local government bodies Factors that influence an individual’s capacity to engage in and influence collective decision-making in local government can be discussed in terms of three dimensions: the structural, the institutional and the individual citizen. These provide a framework for analysing factors that shape the nature and degree of representation in decentralized local governance in a particular context; they also provide a means for assessing the impact of measures designed to improve representation. 2 See Per Tidemand: Local Government Finance Policy Brief , UNDP Local Governance and Local Development Policy Briefs, Revised 18th October 2012. (unpublished) 2|Page “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. Structural factors are those that affect the capacity to participate or to be adequately represented in local governance. Included amongst these are such factors as gender, ethnicity, caste, religion, class and age. Institutional factors are those that can be seen in the institutional configurations that enable or disenable individuals from influencing decision-making in local governance. These are not just mechanisms that affect the degree of representation in the daily functioning of local government, but also access to other institutions that help to secure a fairer and more adequate representation. Public hearings, councillor surgeries, representation on sub-committees, quotas, recall supported by means of public, political and legal recourse managed through other institutions are examples of the elements found in many developed countries, but not necessarily a part of the institutional configuration present for citizens in many poorer countries. Finally, individual/citizen3 factors are those that address the agency of individuals and social groups as citizens possessing rights. They influence the degree to which these actors can express agency through their actions both within local governments and upon local government from without. Structural and institutional factors provide the opportunities for such agency, but can by no means ensure it. Taking up this dimension is to go beyond the notion of citizens as rights holders and to stress the importance of the decision to assert agency, to pursue their interests through the channel of representation in the institutions of local governance. These factors are presented in the diagram 1 below. The arrows denote influences that different types of factors have on the working of institutions in decentralized local governance and the capacities of citizens to assert influence over decision-making and its outcomes: Figure 1: the factors of change Field of local governance Institutional factors o o o o Structural factors 3 0 0 Individual citizens’ agency in local governance. I deliberately place individual and citizen together, fully acknowledging that they are conceptually different. 3|Page “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. Local government reform in the South and South East Asia region has tended to focus on measures directed at changing the institutional factors affecting participation and representation in local government including the heads of elected bodies, through adjustments of the electoral system, the political party system, and measures designed to bring civil society organisations and other nongovernment actors into the framework of decentralized local governance. Some measures have sought to compensate for structural factors; for example affirmative actions targeting specific groups (women, dalits) have been quite widely used. As yet it remains inconclusive as to whether such positive discrimination can in the longer term weaken the structural causes that give rise to social exclusion and marginalisation and their consequences for representation.4 Other measures have focused on the behavioural and attitudinal position of individuals. For example there has been a shift towards placing greater emphasis on the agency of the poor in local governance including citizencentred and rights-based approaches that aim not just to empower poor and marginalised groups, but also to change fundamentally the ways that officials and poor individuals view each other and relate to each other. Not least this involves a major shift in the disposition of local government officials responsible for providing social and technical services i.e. becoming duty bearers, and a similar shift for the poor in order to see themselves in relation to these officials as being rights holders. Individual agency can lead to new institutions and institutional practices that ultimately produce changes to deep underlying structures. New institutions can work both on individual behaviour (e.g. when legally enforced or incentivised) as well as structural change in the longer term. New policies can seek to change land or gender relations for example, but without institutional and even individual agency, may have little or no impact. In this way we see the inter-relatedness of the three factors of change. Finally, as touched on at the beginning, the three types of changes can be viewed through the lens of time - what is possible short, medium and long term; and through the lens of intervention level - whether an intervention needs to be local, national and international or a combination of these. How do these play out in the field of local governance? The following slide is an attempt to summarise the types of activities and the level at which they are directed. 4 Tom Nairn’s article ‘The Modern Janus’ in New Left Review, No. 1/94, Nov-Dec 1975, provides a powerful warning on the potential dangers present in seeking to promote greater inclusion through policies designed to counter past exclusion through identity-based targeting and affirmative action. Nepal is struggling with this today. 4|Page “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. Figure 2: The activities of change One final point needs to be made here; namely that the three pillars referred to in the introduction and the three factors of change discussed in the above present a holistic approach towards bringing about democratic change and improvement. The elements are mutually interdependent. If we look to only one element, the behavioural practices of the individual members of a bureaucratic elite, we will not be able to analyse adequately the processes that give rise to practices stemming from their perceptions and the norms with which they consciously or sub-consciously operate. From a development perspective the problem is even greater. To work on the attitudes of bureaucrats towards say corruption may well find agreement in the undesirable effects of systematically manipulating or ignoring procurement rules and regulations, but it might have little or no effect on the practice itself. When 20% ‘commission’ is the norm and the norm is part of a required redistributive system within the ministry, and promotion is rooted on patronage and social, political, familial networks, such institutionalisation renders challenging the norm ineffective at best, extremely costly at worst. A programme approach brings more instruments that carry leverage, works with countervailing relations between stakeholders and seeks to work with the dynamics of citizen – government – civil society and much more can carry a far greater potential for changes that strengthen democracy it is proposed. The following diagram is a simplistic presentation of the approach adopted by the government with support from a broad group of donor agencies in Nepal. Citizens and communities New awareness new functions New organisations Rights holders: engagement with the government as planners, implementers and monitors Local government officials and institutions New roles and repsonsibilities New resources New mindset Duty bearerss Improved accountability, effectiveness efficiency and equity National Policy Government policies enabling devolution (function and fund) Improved service delivery and local investmant in terms of level, quality, inclusiveness and equality Figure 3: The programme approach towards representative democracy 5|Page “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. Increased capacity for local government to deliver resources and basic services in an inclusive and equitable manner Effective representation required GOVERNANCE SUPPLY & DEMAND Citizen & communities empowered: voice, engagement, accountability Strengthenned policy & institutional environment fordevolution and community development Fiscal decentralization and good (local) public financial management (PFM) Revenue and expenditure assignments in developing countries are often poorly defined in local government legislation and in the accompanying government rules and regulations. Where they are present in the least developed countries, and there has been a wave of decentralisation reform agendas that have included mandated assignments they are usually poorly implemented. There are a number of reasons, mostly linked to the fact that if a policy is not seen as desirable and feasible by those responsible for its implementation, then little will happen. For example it is often not in the electoral interests of politicians to be promote the collection of local taxes or fees; the collection of local revenues based on licenses (sand and gravel collection from rivers, stones from local quarries, market and business fees, etc.) tends to be effective only when there is a financial or political incentive for the administering official to do so (political favours or personal financial gain); and, when intergovernmental transfers from central to local government are increasing and meeting local budget needs, then the administrative burden of local revenue collection often sees a reduction in local revenue generation. However, the previous paragraph presupposes the notion of a contract between tax paying citizen and public service providing state. It might also be pointing to weaknesses and malpractices in the management of this contract, but the underlying idea of a contract nevertheless is there. This is not the context found in Nepal and in most less developed economies where statehood has more often than not a range of meanings and generates a range of quite diverse experiences. Work with local financial management requires an understanding of the political economy and political sociology of local government finances, their sourcing, management and utilisation. Suffice it to say that the assumption of a contract based upon consensual agreement by all parties is not consistent with the realities of most developing economies; nor many developed economies for that matter. Yet the absence or presence and nature of such a contract is a defining feature of the type of statehood; a consensual contract between a rights-holding citizen and a duty-bearing state being a core feature of representative democracy. 6|Page “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. One area of public financial management in which this absence of consensual contract has been quite well documented is that of (local) taxation. In The Art of Not Being Governed: An Anarchist History of Upland Southeast Asia, (Yale University Press, 2009) Scott sheds a renewed perspective on the ways peoples challenge the impositions of statehood, namely statehood that is largely impervious to their needs and seeks more from extracting wealth than in providing the benefits that we associate with modern governance. Interestingly Scott highlights an egalitarianism and independence as often found in the ideals of hill societies - those who fled the ‘governed valleys’. One of the key points of conflict was the extractive nature of the taxation system, coercive and not consensual, but in this way reflecting the nature of the political order, namely government of the people for the rulers and by the rulers. Here there is little in local public financial management that is designed to serve the needs of the individual, and least of all to define the individual as a citizen. In the same vein Deborah Brautigam, Odd-Helge Fjeldstad and Mick Moore write in the introduction to their edited volume Taxation and State Building in Developing Countries, that: “Taxation is a core governance function. It has the potential to shape relations between state and society in significant and distinctive ways. Tax revenues allow states to provide security and public goods. “The history of state revenue production,” Margaret Levi declared, “is the history of the evolution of the state (1988: 1).” For these reasons, taxation should be accorded a central role in analyses of state building.”5 They later discuss the relationship between tax payer and state as characterised by being intrinsically coercive and therefore not conducive to consensual governance or as involving revenue bargaining between state and citizens, a process that supports consensual and representative governance. The coercive relationship is later illustrated by the poll or head taxes designed as a system of mass taxation to coerce populations towards particular areas of employment and by the flight from coercive revenue seeking government as documented in the book (See Fjellstadt &Therkildsen). 6 As other papers in the workshop have well documented, the emergence of a consensual governance in taxation is discussed in detail in Tilly’s works on the emergence of modern European states. In a number of ways the transition from coercive to consensual taxation, from extractive and coercive to accountable and responsive financial management by local authorities, is parallel and complementary to the transition from (local) authoritarianism as in de-concentrated and/or delegated local rule on behalf of the centre, to a devolved local rule rooted in participatory and representative democratic governance. The forms of planning, budgeting, implementation and monitoring found can underwrite a coercive and extractive PFM regime designed to use rights to revenues as a form of political capital and for personal aggrandisement or it can be the foundation for an effective and accountable system of local governance. In the case of the latter, securing the inclusiveness and equitability of government service provision, of the local investments made, and the efficiency and effectiveness of local government in terms of returns to monies spent. 5 Taxation and State Building in Developing Countries, Edited by Deborah Brautigam, Odd-Helge Fjeldstad and Mick Moore Cambridge University Press, 2008 6 Odd-Helge Fjeldstad (Research Director, Chr. Michelsen Institute) and Ole Therkildsen (Senior Research Fellow, Danish Institute for International Studies) ‘Mass Taxation and State-Society Relations in East Africa.’ In Brautigam et al. 7|Page “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. In today’s ‘Nepals’ rapid change is required, nowhere better illustrated than in Nepal itself with its recent 10 years of conflict 7and now the unsustainable post-conflict dependence on remittances with nearly 20% of the population working overseas. However, none of this will happen without interventions that break the norms of local wealth extraction rather than wealth creation; the official as controller rather than provider; the politician as passive beneficiary of state provisions and active plunderer of state and private resources rather than representative of the whole demos. It is here that UNCDF’s use of grants within the framework of local development funds has provided two quite unique instruments with which (i) to incentivise change at both the individual, but more importantly, the institutional level in local governance, and (ii) with which to secure inter-governmental transfers such that they serve policy priorities rather than more personal political interests. The first is the performance based grant system (PBGS) and the second is the use of formula funding (FF) At the core of the PBGS is a grant made up of three main elements. The main part is unallocated and therefore the decision-making responsibility is passed to the local government. Receipt of this grant element is made conditional on a few minimum conditions being met. A second performance related element is designed to incentivise institutional and individual performance in local government; a third capacity development element is present so that those local governments that fail or perform poorly, can strengthen their capacity to perform better in the following year. In more detail: Minimum conditions (MCs) are indicators by which the local governments are assessed to see whether they observed the laws which are compulsory to them. The amount of capital grants receivable by the local government is determined on the basis of the MC assessment. The can be seen as representing the minimum safeguards for proper utilization of public resources and for identifying the basic absorption capacity, in other words for maintaining by basic financial discipline. In the case of Nepal, indicators for MCs are statutory requirements of local bodies as provisioned in the Local SelfGovernance Act of 1999 and its associated rules and regulations. In order to receive an annual unconditional capital grant, the local government must fulfill 15 MC indicators in four functional areas.8 Table 1 shows the MCs designed for the District Development Committees (DDCs).9 Table 1: The Minimum Conditions applied to Nepal’s 75 District Development Committees 7 1997-2006, more than 16,000 killed, countless more missing and injured, tens of thousands displaced. In practice, to date only 13 indicates from three functional areas have been applied due to the failure to hold local elections that were due to take place in 2002, and the subsequent dissolution of the elected councils. 9 Nepal currently has 75 District Development Committees, 3,915 Village Development Committees and 58 Municiplaities. This is due to change with the transition to a federal system of governance, but how has yet to be decided. 8 8|Page “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) MC 1 MC 2 MC 3 MC 4 MC 5 MC 6 MC 7 MC 8 MC 9 MC 10 MC 11 MC 12 MC 13 MV 14 MC 15 Neil Webster. Planning and Management Approved annual plan and budget for the current fiscal year by district council in previous fiscal Year (LSGA, Art. 188, 195, 197, 202 and LSGR Art. 199) Annual budget ceiling and planning guidelines provided to Municipalities and VDCs by DDC. In case central government did not provide such guidelines and ceilings to DDCs, even then the DDC should have provided them from its internal resources DDC has publicly informed the Municipalities, VDCs and relevant stakeholders about the approved annual budget and programs Annual progress review of the previous year conducted by the DDC DDC has submitted its reports as per the provision mentioned in grant guideline Financial Management Accounts and financial details of the previous of the previous FY should be completed and submitted for the final audit DDC has prepared the annual statement of income and expenditures of District Development Fund (DDF) and financial statements for the previous FY DDC must release the budget or grant from DDF (non‐operating account) to VDCs, Municipalities, sectors and other organizations as per approved work plans and budgets. No transfer should be made in the operating account prior to council approval Internal Audit Section established (LSGA art. 232) and functioning in accordance with (LBFAR art. 57 and 58) Due and timely response have been made upon comments and reactions made in the Office of the Auditor's General Report within 35 days Cumulative Records of unsettled irregularities documented and updated (LBFAR 60 Annex 75) DDC appointed auditors for the final audit of last FY of the last FY of VDCs final accounts10 Formation and Functioning of Committees Formulation and functioning of supervision and monitoring committees: MC‐13 (this indicator is not active) Formulation and functioning of account committees: MC‐14 (this indicator is not active) Transparency Information and documentation centre established and need to keep all information and records as specified For their part, Performance Measures (PMs) are designed to create incentives for local governments to improve their performance. PMs provide a range of score in different functional areas that help to assess the service delivery capacity and efficiency. A local government’s annual grant will depend on the scores achieved in PMs. The indicator of the performance evaluates the procedures, result and quality of the different working areas of the local government. These indicators direct the local government to monitor its own function, to improve internal working capacity and to compare its activities with other equivalent local governments; in the case of Nepal DDCs, VDCs, and Municipalities. The assessment of MCs and PMs of local governments helps to establish data on service delivery status, accountability to citizens and also to identify capacity weaknesses in various functional areas. Such information is used for developing a strategic and pragmatic capacity building programme. Furthermore, regular assessment of MCs and PMs will strengthen the general monitoring and evaluation system of local governments that promotes annual progress in various service delivery functions, responsibility and ensure that accountability can be measured. Table 2 shows the scoring system developed by the Nepal Local Bodies Fiscal Commission (LBFC) for the DDCs. The performance attained releases the rewards and incentives. Tables 3 shows the rewards and sanctions applied on the basis of the score achieved.. 10 Simply revised in the Second Amendment 9|Page “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. Table 2: Summary of PMs Indicators and Score for Nepal’s DDCs Performance areas 1. Planning and Program Management 2. Budget Management 3. Financial Management 4. Fiscal Capacity 5. Budget release and Program Execution 6. Communication and Transparency 7. Monitoring and Evaluation 8. Organization, Service Delivery & Property Management Total No. of indicators 8 6 9 6 7 8 5 8 57 Max. score possible 15 11 15 11 12 14 10 12 100 Min. score required 6 4 6 4 4 5 3 4 36 Table 3: Summary of Sanctions and Rewards for Nepal’s DDCs Performance “rating” & conditions Reward/ Sanction Staff Incentives MCs not met MCs met but failure in an area of PMs MC met & obtained 36‐50 marks in PMs MC met & obtained 51‐65 marks in PMs MC met & obtained 66‐80 marks in PMs MC met & obtained 80 + marks in PMs Lose all development grant lose 20 % Static Bonus by 20 % Bonus by 25 % Bonus by 30 % none none none Rs. 100 thousand Rs. 125 thousand Rs. 150 thousand The second instrument used by UNCDF in relation to the allocation of grants to local governments is Formula Funding’. This is designed to support two important initiatives. First the use of a formula for grant allocation can enable specific policy initiatives to be pursued. For example, policies of poverty reduction and equity can be pursued by using indicators such as administrative area and size of population weighted with a cost index. In this way a citizen in a remote mountainous region will have a greater chance of having access to basic services such as education, health, drinking water, technical advisory services, and other mandated local government service and investment fields on a level closer to that of a citizen in a much more accessible locality. Secondly, the use of formula for grant allocation results in a significant reduction in the political manipulation of grant allocations. As a Joint Secretary in the Nepal Ministry of Federal Affairs and Local Development succinctly expressed it: “ When a Minister calls me and demands that I allocate funds to his or her constituency, I cannot say that I will not, I have to say I cannot.” He also added “This is not a good place to further my career.” The use of Formula Funding is a simple but extremely effective way to challenge political allocations. It has the double benefit of strengthening key policy objectives through the targeting it introduces and of reducing political interference to support vote buying, patronage and self-aggrandizement. Strengthening the Circuit of Local Governance A third instrument has also been introduced by UNCDF, the use of cash transfers by local government. Cash transfers or grants to individuals are by no means a new phenomenon. Social protection 10 | P a g e “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. programmes widely use the use of cash transfers or food for work and similar as a means by which to promote specific policies; to reduce infant and maternal mortalities by using primary health facilities, to increase food security, to increase literacy rates amongst children and girls in particular. It is also an area of considerable theoretical disagreement and thereby political friction. For example, economic targeting is seen by some as administratively burdensome and financially expensive and cash transfers should be universally provided. Similarly, to attach any form of condition to the receipt of a cash transfer However, when cash transfers11 or grants to individuals are made by local government rather than by national ministries, they offer a powerful instrument with which to implement national policies in a far more nuanced and perhaps more effective way in key areas such as improving the level and socially inclusive nature of access to specific public services and assets and even such broad policy objective such as poverty reduction and the reduction of inequalities. In addition, they can also strengthen the citizen – representative relation and thereby the condition of statehood beyond the immediate local context. This potential has not previously been realised I would suggest, particularly as part of a peace and development strategy in a post-conflict context. To the extent that local governments are responsible for providing infrastructure and service delivery services, their active involvement in the implementation of safety net programmes provides an opportunity for linking supply and demand. In the specific case of workfare, most local governments already plan and undertake infrastructure development, thus providing a framework within which to establish public works programmes. Assuming that delegated or devolved safety net programmes allow for a degree of local discretion, local governments provide a natural “laboratory” for experimentation and innovation through heterogeneous implementation arrangements. Finally, and because they are already “there”, local governments can potentially reduce the administrative and management costs associated with the implementation of safety net programmes 11 The term cash transfer is used rather than that of social protection in order not to open up a much wider set of debates in this paper. 11 | P a g e “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. Table 4: The technical instrument of local government cash transfers Strengthen Means The capacity of central and local government in delivering social protection The linkages between a service sector (e.g. education) and local government Local government accountability to citizens Management tools such as Management Information System, automated reports, user-friendly guidelines and forms More effective and efficient mechanisms: registration, targeting, payment Harmonised data management Coordination of supply and demand measures in education Performance incentives Better monitoring Grievance management Information campaign From a purely technical perspective, as with PBGS and FF, the approach appears as a set of capacity building measures. In themselves, these are no small addition to the role and capacity of local government, but again they assume the citizen – government contract is in place in an apolitical manner. The important addition is the leverage added by using performance incentives to introduce mechanisms that reverse the norm in state – client relations. The introduction of a grievance mechanism with agreed contractual obligations on the part of local government officials to respond to grievances is itself a radical change towards securing a more accountable system of local governance. It also encourages the representative to side with the citizen in claims and demands against higher levels of government. In this way the circuit of local governance is strengthened as a building block for representative democracy at the national level. Interestingly, a grievance mechanism requires the simplification of governance practice in order that the grievance can be made and the outcome of the claim understood. Clarity and transparency in the practice of local governance changes the relationship of citizens with officials and elected representatives. Government can be reluctant but social protection has become an element in national politics today as it can target specific communities of voters – women, the old, ethnic minorities, widows, etc. Changing the delivery towards local government and emphasising the purpose as being to improve access to public services has set in motion new processes, new channels for citizens to have leverage towards their local representatives. Conclusion: Why introduce technical reforms that undermine the patronage practices of those who control the state? Policy and programme shifts are the work of elites, no more so than in Nepal. In viewing the role of elites and as to whether they see certain policies as desirable and feasible, and thereby their response to reform agendas, it is analytically useful to separate between an elite’s formal position of authority on the one hand, and its ability to exert influence on those with decision-making authority on the other. This I have sought to capture in Figure 1. The formal position is based upon the decision-making authority (i.e. form of authorisation) that goes with the holding of that position, the occupancy of that office. It will vary from country to country and not least reflect the so-called real authority within the political system as a whole. For bureaucrats it is rooted in exclusive institutional practices and hierarchical organisations 12 | P a g e “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. amongst other things. For politicians it is about mobilising constituencies whether by distributing resources, ethnic or regional mobilisation, ideology, and similar; both inclusive and exclusive in their practices. For economic elites it lies in their success in the market, the returns they bring to their stakeholders ranging from extended family to national economy. For social elites, the formal forms of authorisation are even more diverse, but include social mobilisation, ideological commitment and access to funds. For all four elite groupings the global also provides forms of authorization; recognition of politicians as heading a sovereign government, linking economic elites into global markets, building transnational alliances in civil societies, but perhaps the most obvious in Nepal being the donors and the assistance they bring. Figure 4: Elites in abstract and in practice Formal position at a particular point in time (e.g. minister, head of department, NGO leader, etc.) Bureaucratic elite Networking as a way to mobilise personal or group (partisan) interest. (e.g. social capital) Bureaucratic elite Economic elite Economic elite Societal elite Societal elite Political elite Political elite The formal position of the elite actor (as a decision-making authority). Their rules and norms, organisational forms, structural factors The formal capacity to make a decision on policy and/or its implementation To set policy agendas To make something happen (or not) in the implementation of that policy The informal capacity the elite actor to assert influence on decision-makers (formulation and implementation) through networks based on: Commonalities in personal histories Commonalities in career paths Commonalities in policy interests And the (everyday) practices of network maintenance If the abstract condition is captured in the left hand side of the previous figure, then the reality is captured in the right hand side. Here the boundaries between elites become blurred, some actors having several elite identities, their perceptions and actions varying according to issue, capacity to act, economic and social pressures, and much more. Here the social networks that provide the means to secure a position, engage in successful rent-seeking activities, mobilise a political constituency, provide the channels and levers for favour and patronage, The financial management instruments that have been pointed to in this paper are presaged upon strengthening the boundaries by the conditioning and 13 | P a g e “Importance of Representation in Processes of Democratisation” Oslo Workshop 10-11 January, 2013 (Draft – author’s permission before citing please) Neil Webster. incentivising of sets of practices by and for the local political and bureaucratic elites. In this way, the formal roles are strengthened and the informal weakened; accountability to the demos is institutionally strengthened in the systems and processes surrounding local public financial management. The capacities for informal practices of patronage and favour and their impact on decision-making are weakened. By having planning, budgeting accounting, implementing and monitoring brought more firmly into the public domain the challenge to the existing norms begin to be weakened. In these ways the technical reforms of fiscal decentralisation can support very significant political outcomes. 14 | P a g e
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