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Download the file - United Nations Rule of Law

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e restructured in a way that reduces inefficiencyand waste and avoids inertia. This strategy may bepolitically sensitive, however. Civil service unionsare very powerful in many developing countries,and for decades <strong>the</strong>y and <strong>the</strong>ir members haveenjoyed almost complete tenure and salary protections,little oversight, and few serious demands. Itmay <strong>the</strong>refore be risky for <strong>the</strong> government to takeon <strong>the</strong> civil service unions by proposing reformsthat would threaten <strong>the</strong> power or livelihoods <strong>of</strong><strong>the</strong>se unions and <strong>the</strong>ir members. Therefore, measuresenhancing bureaucratic justice and servicequality need to take into account <strong>the</strong> interests<strong>of</strong> both <strong>the</strong> civil servants and <strong>the</strong>ir representingorganisations. Reorganisations might be moreacceptable if <strong>the</strong>y are build on trust ra<strong>the</strong>r thandisapproval, motivate good practices ra<strong>the</strong>r thanpunish incompetence, stimulate learning fromfeedback ra<strong>the</strong>r than reprimand underperformance,and provide safeguards for justified concernsregarding job security, wage guarantees andstatus. Approaching this delicate issue <strong>the</strong>reforerequires skilful politicians to enter into a consensus-buildingprocess with stakeholders and puttoge<strong>the</strong>r ‘package deals’ in which <strong>the</strong> existing civilservice establishment is given benefits in exchangefor accepting reforms that promote greaterbureaucratic productivity and efficiency. As analternative or complementary strategy, reformerscould try to build a countervailing coalition thatwould push for bureaucratic reform.A fourth type <strong>of</strong> strategy might promote decentralisation,bureaucratic redundancy, or somedegree <strong>of</strong> privatisation in service delivery, at leastfor certain types <strong>of</strong> service. The advantages <strong>of</strong>decentralisation are that it brings bureaucracy‘closer to <strong>the</strong> people’, may increase accountabilityand responsiveness to local needs, and maypromote healthy competition between regions iflocal governments have input into bureaucraticgovernance within <strong>the</strong>ir jurisdictions (Girishankaret al. 2002). Decentralization, however, mayincrease risks <strong>of</strong> corruption if it weakens centralizedoversight and depends on local individualsto make impartial decisions on matters affecting<strong>the</strong>ir family, friends, and enemies (UNDP 2006).Decentralization may also reduce competence ifpowerful central bureaucracies are more likely toattract talented individuals.Bureaucratic redundancy — that is, having two ormore separate agencies or <strong>of</strong>fice provide <strong>the</strong> sameservice to <strong>the</strong> same target population — has threemain advantages. First, it reduces <strong>the</strong> likelihood<strong>of</strong> incompetence or corruption by giving consumerswith a choice <strong>of</strong> provider (Shleifer and Vishny1993). Second, if bureaucrats are rewarded atleast partially on <strong>the</strong> basis <strong>of</strong> demand for <strong>the</strong>irservices, redundancy may lead to healthy competitionbetween providers. Third, redundancymay facilitate experimentation and innovation.Bureaucratic redundancy also has costs, however.The first and most obvious is <strong>the</strong> extra budgetarycost <strong>of</strong> staffing two or more <strong>of</strong>fices to provide essentially<strong>the</strong> same service. The second concernis that <strong>the</strong> existence <strong>of</strong> multiple providers mayblur lines <strong>of</strong> accountability and, if incentives areimproperly aligned, may encourage bureaucrats to‘let <strong>the</strong> o<strong>the</strong>r guy do <strong>the</strong> hard work’ (Ting 2003).Privatisation <strong>of</strong> service delivery functions holds<strong>the</strong> promise <strong>of</strong> more efficient service delivery.Consumer choice, value for money, proximity to<strong>the</strong> client and hands-on mentality are some appealingelements <strong>of</strong> this basic change towardsgovernance (Rhodes, 1997). The remix <strong>of</strong> bureaucraciesand markets containing <strong>the</strong> use <strong>of</strong>business principles and incentive structures isbelieved to motivate both <strong>the</strong> publicly and privatelyorganised service providers to adjust <strong>the</strong>service delivery to <strong>the</strong> specific customers’ needs,resulting in an increase in effectiveness, respon-52

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